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RECEIVED 10/20/2005 at 3:53 PM
RECEIVING # 913015
BOOK: 602 PAGE: 56
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Do not write/type above this line. For filing purposes only.
FORM 5014 (10-2005)
RETURN TO
PREPARER:
Farm Credit Services of America, PO Box 878
Casper, WY 82602
IIg, Jan L
(307) 577-4700
Farm Credit Services of America
REAL ESTATE MORTGAGE
For the State of Wyoming
Open-End To Secure Present and Future Obligations and Advances
Date: October 12,2005
Mortgagor(s):
Randal J Hruska and Pamela J Hruska, husband and wife
Mortgagor(s):
P&R LLC, a Limited Liability Company
Mailing Address: CIO Ace Hardware 400 N Center St
Rock Springs WY 82901-5130
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The above named Mortgagor(s) in consideration of the extension of credit identified herein and any
future, additional or protective advances made at Mortgagee's option, hereby sell, convey, and
mortgage to Farm Credit Services of America, FLCA, 5015 S 118th Street, Omaha, NE 68137,
Mortgagee, its successors and assigns, from the date hereof until all obligations secured hereby are
paid in full, the following-described real estate in Lincoln County(ies), WvominQ, to wit:
See Exhibit "A"
together with all Mortgagor's right, title, and interest in the property, now or hereafter acquired,
including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the
property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income,
profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature,
including geothermal resources; all personal property that may integrally belong to or hereafter become
an integral part of the real estate whether attached or detached, including any appurtenances and
accoutrements of any structure or residence secured hereby; easements and other rights and interests
now or at any time hereafter belonging to or in any way pertaining to the property, whether or not
specifically described herein; all above and below ground irrigation equipment and accessories; and all
leases, permits, licenses, or privileges, appurtenant or non appurtenant to the property, now or hereafter
issued, extended, or renewed by Mortgagor(s), any State, the United States, or any department,
bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as
the "property."
It is understood and agreed between Mortgagor(s) and Mortgagee that this mortgage is given to secure
the repayment in full of the following described obligations, regardless of whether Mortgagor(s) is(are)
liable thereon, and all future and additional loans or advances, protective or otherwise, which may be
made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), the
parties liable under the note(s) or credit agreement(s) or any of them, for any purpose, plus interest
thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s)
modifying the same.
Date of Note(s) or Credit Aqreement(s)
10/12/2005
Principal Amount
300,000.00
Provided, however, that the total principal indebtedness outstanding and secured hereby at anyone
time will not exceed the sum of THREE HUNDRED THOUSAND ($300,000.00), exclusive of interest
and protective advances authorized herein or in the loan agreement(s).
NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR
ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
App #: 34198; CIF #: 83406; Note #: 204
FORM 5014, Real Estate Mortgage
401DS
Legal Doc. Date: October 12, 2005
Page 1
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This mortgage will be due November 1. 2020.
Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property,
that Mortgagor(s) has good and lawful authority to mortgage the same, that the property is free and
clear of all liens and encumbrances, except encumbrances of record, and that Mortgagor(s) will warrant
and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagor(s) also
hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and
to the above described property.
Mortgagor(s) and each of them further covenant and agree with Mortgagee as follows:
1. To pay all liens, judgments, or other assessments against the property, and to pay when due all
assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or
privilege assigned to Mortgagee as additional security to this mortgage, including those in or on public
domain.
2. To insure and keep insured buildings and other improvements, including fixtures and attachments
now on or hereafter placed on the property to the satisfaction of Mortgagee. Such insurance will be
approved by and deposited with Mortgagee, and endorsed with a mortgage clause with loss payable to
Mortgagee. Any sums so received by Mortgagee may be applied in payment of any indebtedness
matured or unmatured secured by this mortgage, or at the option of Mortgagee may be used to pay for
reconstruction of the destroyed improvements. Such insurance will be in an amount at least equal to the
lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the
property, and will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles,
vandalism, civil commotion, smoke, windstorm, and hail. Mortgagor(s) will obtain and keep flood
insurance in force to cover losses by flood as required by Mortgagee and by the National Flood
Insurance Act of 1968, as amended, and by regulations implementing the same. Mortgagor(s) further
agrees that Mortgagee is not and will not be liable for any failure by melus or by any insurer, for
whatever reason, to obtain and keep this insurance in force.
3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on
the property occupied and in good repair, maintenance, and condition and to neither commit nor permit
any acts of waste or any impairment of the value of the property. Mortgagee may enter upon the
property to inspect the same or to perform any acts authorized herein or in the credit agreement(s).
4. In the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or
charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements
as provided herein or in the credit agreement(s), Mortgagee, at its option, may make such payments or
provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the
principal indebtedness secured hereby, be immediately due and payable and bear interest at the
default rate provided in the note(s) or credit agreement(s)from the date of payment until paid. The
advancement by Mortgagee of any such amounts will in no manner limit the right of Mortgagee to
declare Mortgagor(s) in default or exercise any of Mortgagee's other rights and remedies.
5. In the event Mortgagee is a party to any litigation affecting the property or the lien of this mortgage,
including any action by Mortgagee to enforce this mortgage or any suit in which Mortgagee is named a
defendant (including condemnation and bankruptcy proceedings) Mortgagee may incur expenses and
advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses,
appraisal fees, and other charges and any amounts so advanced will become part of the principal
indebtedness secured hereby, be immediately due and payable and bear interest at the default rate
provided in the note(s) or credit agreement(s) from the date of advance until paid.
6. Any awards made to Mortgagor(s) or their successors by the exercise of eminent domain are hereby
assigned to Mortgagee; and Mortgagee is hereby authorized to collect and apply the same in payment
of any indebtedness, matured or unmatured, secured by this mortgage.
7. In the event of default in the payment when due of any sums secured hereby (principal, interest,
advancements, or protective advances), or failure to perform or obseNe any covenants and conditions
contained herein, in the note(s), credit agreement(s), or other instrument(s), or any proceeding is
brought under any Bankruptcy laws, Mortgagee, at its option, may declare the entire indebtedness
secured hereby to be immediately due and payable and the whole will bear interest at the default rate
as provided in the note(s) or credit agreement(s) and Mortgagee may immediately foreclose this
mortgage or pursue any other remedy at law or equity, including foreclosure by advertisement with a
power of sale in Mortgagee to the extent provided by applicable law. Delay by Mortgagee in exercising
its rights upon default will not be construed as a waiver thereof and any act of Mortgagee waiving any
specific default will not be construed as a waiver of any future default. If the proceeds under such sale
or foreclosure are insufficient to pay the total indebtedness secured hereby, Mortgagor(s) does hereby
agree to be personally bound to pay the unpaid balance, and Mortgagee will be entitled to a deficiency
judgment.
8. Upon default, Mortgagee will at once become entitled to exclusive possession, use, and enjoyment
of the property and to all rents, issues, crops, profits, and income thereof, from the time of such default
and during the pendency of foreclosure proceedings and the period of redemption, the delivery of which
may be enforced by Mortgagee by any appropriate suit, action, or proceeding. Mortgagee will be
entitled to a Receiver for the property and all rents, issues, crops, profits, and income thereof, without
regard to the value of the property, or the sufficiency thereof to discharge the mortgage debt and the
foreclosure costs, fees, and expenses. Such Receiver may be appointed by any court of competent
jurisdiction upon ex parte application, notice being hereby expressly waived. The Receiver will apply all
rents, issues, crops, profits, and income of the property to keep the same in good repair and condition,
pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to keep the
property insured, pay the expense of the receivership and attorney fees incurred by the Receiver, and
apply the net proceeds to the payment of the indebtedness secured hereby. Such Receiver will have
all the other usual powers of receivers authorized by law and as the court may direct.
9. The integrity and responsibility of the Mortgagor(s) constitutes a part of the consideration for the
obligations secured hereby. Should Mortgagor(s) sell, transfer, or convey the property described herein
without prior written consent of Mortgagee, Mortgagee, at its option, may declare the entire
COOC57
App #: 34198; CIF #: 83406; Note #: 204
FORM 5014, Real Estate Mortgage
40105
Legal Doc. Date: October 12, 2005
Page 2
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indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any
other default.
10. Assignment of Rents including Proceeds of Mineral Leases. Mortgagor(s) hereby assigns,
transfers, and conveys to Mortgagee all rents, royalties, bonuses, and delay moneys or other proceeds
that may from time to time become due and payable under any real estate lease or under any oil, gas,
gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may
hereafter come into existence, covering the property or any part thereof. All such sums so received by
Mortgagee will be applied to the indebtedness secured hereby; or Mortgagee, at its option, may turn
over and deliver to Mortgagor(s) or their successors in interest, any or all of such sums without
prejudice to any of Mortgagee's rights to take and retain future sums, and without prejudice to any of its
other rights under this mortgage. This assignment will be construed to be a provision for the payment
or reduction of the mortgage debt, subject to the Mortgagee's option as hereinbefore provided,
independent of the mortgage lien on the property. Upon payment in full of the mortgage debt and the
release of this mortgage of record, this assignment will become inoperative and of no further force and
effect.
11. This Mortgage constitutes a Security Agreement with respect to all the property described herein.
12. The covenants contained in this mortgage will be deemed to be severable; in the event that any
portion of this mortgage is determined to be void or unenforceable, that determination will not affect the
validity of the remaining portions of the mortgage.
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By
LiA O. ;¡~
Pamela J Hruska tí .
By p~~Jlj,~, Ø!~
STATE OF
INDIVIDUAL BORROWER ACKNOWLEDGMENT
Wu DM;~ )
I )ss
COUNTY OF L "I V' ~ D~ "'\ )
On this I Z~ day of () c....J.. öb.ev ùOO s: before me, a Notary Public, p~rsonally appeared
.e. DIoV\d,.c:d ..:r: f.J v'"\A. 'i> k 0... ;;. ,^!J p '" W (¿, l Q". S I Ii v'" 11'-5. rç "\..
to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged t~~~~_ executed the same as iiuiv-- voluntary act and deed.
BRAD w. WILLFORD - NOTARY PUBLIC
LLC ACKNOWLEDGMENT - MEMBER(S)
W~ DYhìVj )
)ss
COUNTY OF -.L ill\. l 0 lV\ )
On this J u-h day of OJ- o/'<v b 0 ðS-
Ro.~~l J: WvV\.5k"",
to me known to be the person(s) named in and who executed the foregoing instrument, who did say that
heisne/tl,ey isfere member~ of p 2- f.., k wc....-
a limited liability company; that the instrument was signed on behalf of the limited liability company by
authority of its members and the member(s) acknowledged the execution of the instrument to be the
voluntary act and deed of the limited liability company by it and by himlherlthem voluntarily executed.
(SEAL)
COUNTY OF
LINCOLN
STATE OF
WYOMING
My Commission Expires Oct. 15, 2006
My commission expires
I {) //'>1 z, () 0 b
STATE OF
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> BRAD W. WILLFORD. - NOTARY PUBLIC j.
(SEAL) COUNTY OF STATE OF
LINCOLN WYOMING
My Commission Expires Oct. 15, 2006
:~~~~
My commission expires ¡D!d? 'bt>ðb
App #: 34198; CIF #: 83406; Note #: 204
FORM 5014, Real Estate Mortgage
(Type name under si
Notary Public in and for said County and State
before me,
appeared
Notary
Public,
personally
a
f::!:der~
. Notary Public in and for said County and State
40105
Legal Doc. Date: October 12, 2005
Page 3
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LLC ACKNOWLEDGMENT - MEMBER(S)
STATE OF W u /)tn Me( )
-'-:I....J )ss
COUNTY OF Líll'o tðt", )
On this JZ~ day of C> c.-t- f) b-w' t. -z..,oðS'
jJ.,.W\~l~:r ~V-v\.~tço-.
to me known to be the person(s) named in and who executed the foregoing instrument, who did say that
M/she/ttrey is/!tf6 member~ of p p~ eLL G
a limited liability company; that the instrument was signed on behalf of the limited liability company by
authority of its members and the member(s) acknowledged the execution of the instrument to be the
voluntary act and deed of the limited liability company by it and by himlherlthem voluntarily executed.
before me,
appeared
a
Notary
Public,
personally
(SEAL)
"'.... _.. '""", '../ _- ,..¡;,~,-",,-,"þ"~\'" <,¡(¡".,:!,::>-~)'-'--.';.~~c"y....,·......_,· \
URAD W. WillfORD - NOTARY PUBLIC I
COUNTY OF STATE OF
LINCOLN WYOMING
My Commission Expires Oct. 15, 2006
8-...~"",:IJ'--<cfS·<i'-"
My commission expires
/ó!/J! va c> (.
µ¿J. ~
(Type name under signature)
Notary Public in and for said County and State
App #: 34198; CIF #: 83406; Note #: 204
FORM 5014, Real Estate Mortgage
401DS
Legal Doc. Date: October 12, 2005
Page 4
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EXHIBIT "A".
The land referred to in this commitment is situated in the State of Wyoming, County of Lincoln, and is described as
follows;
Parael 1
That part of the E~SE~ and that part of the SE~E~ of Section 35, T32N
R119W of the 6th P.M., Lincoln County, Wyoming being part of that tract
of record in the Office of the Clerk of Lincoln County in Book 381PR on
page 72, described as follows:
BEGINNING at the northeast point of that tract of record in said Office
in Book 425PR on page 417 on the east line of said Section 35,
N 00021'30/1 E, 264.00 feet from the southeast corner of sa.id Section 35;
thence N 00021'30''E, 1055.90 feet, along said east line, to the
northeast corner of the SE~SE~ of said Section 35;
thence continuing N 00D21'3011 E, 8.89 feet, along said east line,
to the southeast point of Sunset Subdivision, of record in said
Office on Plat No. 188-C;
thence N 89D57'54/1 w, 666.36 feet, along the south line of said
Subdivision, to the southwest point of said Subdivision;
thence N 00018'43~ W, 1309.21 feet, along the west line of said
Subdivision to the northwest point of said Subdivision;
thence N 88°57'27/1 W, 640.45 feet, to the southeast point of Lot 2
of the Bovinian Estates of record in said Office on Plat 6-A,
identical with the northeast point of that tract of record in
said Office in Book 478PR on page 655;
thence S 00°35'28" W, 678.66 feet, along the east line of said
tract, to a point;
thence S 00°15'08" W, 1129.30 feet, along said east line, to a
point;
thence S 00°20'16/1 W, 845.82 feet, along said east line, to the
southwest corner of said SE~SE~;
thence N 89°50'23" E, 1157.49 feet, along the south line of said
SE~SE~, to the southwest point of said tract in Book 425PR;
thence N 00°21'3011 E, 264.00 feet, along the west line of said
tract, to the northwest point of said tract;
thence N 89°50'23/1 E, 165.00 feet, a~ong the north line of said
tract, to the POINT OF BEGIm~ING.
Parcel 2
That part of the SE~ of Section 9 and that part of the SWUNW* and that
part of the NW~SWÁ of Section 10, T31N R119W of the 6th P.M., Lincoln
County, Wyoming being part of those tracts of record in the Office of
the Clerk of Lincoln County in Book 486PR on page 90, in Book 496PR on
page 742, and in Book 566PR on page 410, described as follows:
Legal Description Continued.
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Continued
BEGINNING at a point on the north line of said NW~SW~, N 89048'34" W,
291.39 feet from the northeast corner of said NWUSW~ and running thence
N 89°48'34" W, 80.63 feet, along said north line, to a point;
thence S 00°25'12" W, 803.83 feet,,'to a position;
thence S 89°55'25" W, 1372.61 feet, to a position;
thence N 00°26'00" E, 90.37 feet, to a position on the centerline
of the Fairview Crow Creek Canal;
thence coursing said centerline as follows:
N 76°10'00" E, 11.45 feet to a position;
N 63°39'22" E, 59,56 feet to a position;
N 45°32'02" E, 66.94 feet to a position;
N 17°15'39" E, 231.69 feet to a position;
N 36°15'33" H, 107.37 feet to a position;
N 52°04'18" E, 156.24 feet to a position;
N 33°38'51" E, 98,06 feet to a position;
N 21°44'3811 E, 112.62 feet to a position;
N 75°16'56" E, B8.41 feet to a position;
N 61°59'58" E, 49.89 feet to a position;
N 05°01'20" E, 81.98 feet to a position;
N 29°44'28" W, 152.68 feet to a position;
N 23°26'47" W, 163.51 feet to a position;
N 09°32'r8" E, 117.85 feet to a position;
N 30°51'08" E, 145.01 feet to a position;
N 19°30'39" E, 64.29 feet to a position on the north line of that
tract of record in said Office in Book 386PR on page 345, and
leave said centerline;
thence S 89°47'19~ E, 684.79 feet to the northeast pipe of said
tract in Book 386PR¡
thence S 00°34'1611 W, 263.79 feet, along an east line of said tract
in Book 386PR, to a pipe;
thence S 21°24'30" E, 142.12 feet along said east line to a pipe;
thence S 29°07'55» E, 303.01 feet, along said east line, to a pipe;
thence continuing S 29°07'5511 E, 0.80 feet, along said east line,
to the POINT OF BEGINNING.
Parcel 3
That part of the SEU of Section 9, T31N Rl19W of the 6th P.M., Lincoln
County, Wyoming being' part of that tract of record in the Office of the
Clerk of Lincoln County in Book 566PR on page 410, described as follows:
BEGINNING at a point on the west line of said SE,,", S 00°26'50.' W, 110.36
feet from the Southwest corner of the N~SBX of said Section 9;
thence N 89°53'03" E, 496.47 feet to a position on the centerline
of the Fairview (Crow Creek) Canal;
Legal Description Continued.
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'. ·,:--'~...:.";:.:';'zh L~~!JI &"i,,·.J.·.:'·,-cc:;i;.',:!"~';'~~·· __'¡':':'~'.~'./, ".'0'· .:¡""...,: ~"!'·:\"""ì~~:':',;,:,:'~", ':. ''''C;.;,':-
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thence coursing said centerline as follows:
N 17°36'55" E, 88.65 feet to a position;
N 24°38'48" E, 140.26 feet to a position;
N 45°32'30" E, 146.94 feet to a'position;
N 51°34'26" E, 140.67 feet to a position;
N 61°23'38" E, 62.83 feet to a position;
N 71°20'11" E, 161.69 feet to a position;
S 79°45'53" E, 106.26 feet to a position;
S 71°52'29" E, 253.94 feet to a position;
S 77°51'22" E, 80.57 feetrto a position;
s 89°55'53" E, 38.60 feet to a position;
N 78°28'16" E, 211.56 feet to a position;
N 61033'03~ E, 113.25 feet to a position;
N 70°33'34" E, 209.19 feet to a position;
N 45°24'52~ E, 243.25 feet to a position;
N 76°10'00" E, 98.77 feet to a position, and leave said
centerline;
thence S 00°26'00" W, 1065.46 feet to a position;
thence S 89°46'59 W, 2236.57 to a point on the west line of said
SE~;
thence N 00°26'50" E, 343.28 feet, along said west line to the
POINT OF BEGINNING.
Parcel 4
That part of the SE~ of Section 9 and that part of the NW~SWU of Section
10, T31N Rl19W of the 6th P.M., Lincoln County, Wyoming, being part of
those tracts of record in the Office of the Clerk of Lincoln County in
Book 486 PR on page 90 and in Book 566PR on page 410, described as
follows~
BEGINNING at a spike on the east line of said NW7{SW?i, S 00025'12" W,
843.77 feet from the northeast corner of said NW7{SW~;
thence N 88°52'03" W, 372.05 feet, to a point;
thence N 00°25"12" E, 33.83 feet, to a position;
thence S 89°55'25" W, 1372.61 feet, to a position;
thence S 00°26'00" W, 975.08 feet, to a position on the south line
of said tract in Book 486PR;
thence N 89°46"5911 E, 422.00 feet, along said south line, to a
point on the east line of said SE~;
thence N 00°26'0011 E, 880.04 feet, along said east line, to a
point;
thence N 89°55'2511 E, 958.86 feet, to the northwest bathey of the
Fairview Cemetery, as shown on Plat No. 99-A filed in said
Office;
thence S 88°52'03" E, 363.82 feet, along the north line of said
Fairview Cemetery, to a spike on the east line of said NW~SW7{;
thence N 00°25'1211 E, 60.00 feet, along said east line, to the
SPIKE OF BEGINNING.
11/91
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