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Home My WebLink About914235 ,. /\ (. n 4 'Q '.' ',..JuG .L nEED OF TRUST DEED or TRUST entered this _ day of November, 2005, BETWEEN DAIŒ.YL HOXIE and KATIUNA HOXIE, Husband and Wife, herein called GRANTOR, whose address is , Idaho Title 8: Trust, Inc., herein called TRUSTEE, and CI~NTURY EQUIPMENT COMPANY,.hercin called BENEFICIARY WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER or SALE, that property 111 the County of Lincoln, State of Wyoming described as fol!ows, or containing not more than forty (40) acres: See attached Exhibit "A" RECEIVED 12/6/2005 at 4:25 PM RECEIVING # 914235 BOOK: 606 PAGE: 841 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY \ ÜU ß "fl. \ TOGETHER \VITII the rents, issues, and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and confelTed upon BeneJiciary to collect and apply such rents, issues and profits. For the purpose of securing pa)~nellt of the indebtedness evidenced by a promissory note, of even date herewith, executed by Grantor in the sum of One Million One hundred thousand Dollars and no/OO Dollars, ($1,100,000.00), final payment due Novcmber _, 2010 and 10 secure payment of all sllch further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein, Dr any or either of them, while record O\\T\Cr of present interest, for any purpose, and of any notes, drafts ur other instruments representing such further loans, advances or expenditures together with interest on all such sums at the rate therein provided. Provided, however, that the making of sllch further loans, advances or expenditures shalJ be optional with the Beneficiary, ancl provided, further, that it is the express intention of the parties to this Deed of Trust that it sh,lll stand as continuing security until paid for all sllch advanccs togclher with interest thercon. A. To protect the security of this Deed'of Tntst, Grantor agrees: I. To keep said propcI1y in good condition and repair; not to remove or demolish any bui1ding thereon; to complete or restore promptly and in good and worbnanlike J11JIUIC'f any u\lilding which may be constl11cted, darnaged or destroyed thereon and to pay when due all claims for labor perfonned and materials fumishcd therefor; to comply 'vith all laws affcc1i1lg said property or requiring any aHcraliuT\s or impro\'cmenlS 10 be made thereon; not to c:onßnit or pcnnit waste thereofj not to commit, suffer or pet111it any act upon said property in \;olalion or Jaw; to cullivate, irrigate, fertilize, fumigatc, pnmc and do al1 other acts which ITom the character Dr use of said property may be reasonably necessary, the specific enumerations herein nol excluding the gcne,.!. 2. To provide, mailltain and deliver to Bencficiary fire insurance satisf;:¡ctory to and wilh toss payable to Beneficiary. The amount collected under any tire or other ins1lIance policy may be applied by Beneficiary upon any indebtedness secured hereby and ill such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thcrcoflllay be released to Grantor. Such applicalion or release shall not cure or waive all)' default or notice of de fan It hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend allY action or proceedinf, purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay 811 costs and expcnses, including cost of evidence of title and attomey's fees in a reasonable SIIIIl, in any suc.h action or proceeding in which Beneficiary or TrUSlee may appear, and in any suit brought by Beneficiary to foreclose this Deed. 4. To pay: atlca5t ten days before delinquency al1 taxes and assessments 3ff~ctillg said property, when due, all encumbrances, charges and 1iens, WitJl interest, 011 said property or any pé\lt lhercor, Wllich appe:H to be prior cr superior hereto; all costs, fees ami expcnses of this TTllit. In addition to pa)1nenls due in accordance with the telms of the note hereby seemed thc Gmntor sh::'!1 at the opti011, and on dermnd of the Beneficiary, pay each month 1; 12 of the estimated annual taxes, assessments, insurance prcn~ums, l11.:.J.intenance and olller charges upon the property nevcr1heJess in trust for Grantor's use and benefit and for the paylnenl of Bct1cficiary of any such items when duc. Grantor's failure so to pay sl1::lIl constilute a default under the trust. 5. Should Grantor fail to ""ke any payment or to do any aet as herein provided, then Beneficiary or Trustee, but withoul obligation so 10 do and ,,;lholll notice to or demand upon Grantor and without releasing Grantor from any ob1igatiou hereof, may: make or do lhe same in such manner and to such extent as either may deem necessary 10 protect the security hereof, Bcncnriary or Truslec being authorized to enter upon said property for such pUTJ.1oses; appear ill and defend allY action or proceeding purvorting to affect the security 11creof or tIle rights or ptJ\VCIS of Beneficiary or Tf1Istee; pay, purchase, contest or compromise any encumbrance, charge or Jien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such power:i, pay necessary expenses, employ cmmse1 and pay his reasonable fees. 6. Should Grantor fail to make any payment or 10 do any act herein provided, Ulen Beneficiary or Truslee, but "iU1Out obligation so 10 do and wiUlDut notice 10 or demand upon Gmnror and with(llIl re1casing Grantor from any obligations hereof, may: make or do the same in such mannt:r am! to such extent as either may deem necessary to protect the security hereof, BcnclìcJarY or Trustee being authorized to enter said properly for such purposes; appear in and defend any aelion or proceeding pnrporuug 10 affeel Ule security hereof or the rights or powcrs of Beneficiary or Truslee; pay, purchase, contest or compromise any cllcwnbrance, c1large or Hen which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, or in enforcing the Deed of Trust by judicial foreclosure, pay necessary expenses, employ cOlU1sel and pay his reasonab1e fees. D. It is mutually agreed that: 1. Any award of damage, in conneclion \ViUI any eondenmation ror puhtie nse or or j¡~ury lo said property or any part thereof is hereby assigned and shall be plid 10 BeneficÍ3ry who may apply or release such moneys received by him in the samc m~nner and 'I,'itJl the same effect 35 above provided for disposition of proceeds of fire or oUlcr Înswam:e. 2. By accepting payment of an)' S\!Tn secured hereby afier its due date, Beneficiary does not waive his right either to require prompl payment when due of all other sums so secured or to declare der.ull ror failure so to pay. ], At an)' time or from time to time, without ¡iabilily therefor and \vitl'lOut notice, upon writtcn request of Benefkiary and presentation of this Deed anù said note for endorscment, and without affecting th~ personal liability of any person for payment of the inJehtednes5 secureù hereby, Tnlstee may: recunvey all or any P¡1Tt of said. property; consent to the making of any map or plat lhereof; join in granling any casement thereon; or join in any extension agrcement or any agreen~nt suhonJinaling the lien or cll,Hge hereof. 4. Upon written request of Bencficial)' stating that an SUJm secured hereby ha\'c been paid, and UPOiì slirn-:11der of thi3 :)œù ani said note tn Trustee for canccJ\ation and Tclention and upon paymenl of its fees, Tmstce shall reconvcy, \,,·ithout warranty, the pruperty then held hcrewlllcr. The recitals in any reconveyance executed under this OccLl ofT1l1st of any rmtters or facts shall be conclusive proof of the lrutltfulness theTtor. 111e grantee in such recoIlveyance may he described as" t.he person or persons legal1y entitled thereto." 5. As additional security, Grantor hereby gi\'es to and corners upon ßeneficiary the right, power and íluthorlty, during U1C continuance of these TOOlS, to coHee,t d!e renl'ì, issues and profits of said property, rescning unto GrJ.nlor the right, prior to 311Y default by Grantor in payment of any ind{:btedness secured hereby or in perfonnance of any a;greemcnt hereunder, to collect and r-etain such rents, issues and profil<; as they become due and payable. Upon any such default, Beneficiary may at any lime wilJ10ut notice, eiUlcr in person, by agent, or by a ren'Î\'tT 10 he :1ppointed by a cow1, and without regard to the adequacy orany secwity for the indebtedness hereby secured, enter upon and take posscssion of said pfC'lpel1y or any part thereof, sue for or otherwise coll~ct such rents, issue and profits., including tJ10se past due and UJlpaid and apply the same, less costs and expenses of operation alld co1lcctiûII, including reasonable attorney's fees, \lpon any indebtedness secured hereby, and in such order a5 ßeneficiary may dctem1ine. The exercise of any of Lhe righlS in this par;)grJph (5) shaH not be deemed a cure or waiver of any default or notice of default 6 Upon default by GralltOJ of an)' obligation hereunder. all SlUm .')t:l.:lLfcd hereby shall innncdiatcly become due and payable al the option of the Beneficiary. 111 Ule event of lkrau1t, Bcncficia1)' shall execute or cause the Tmslcc to execute 3 wtÍtlen 110tie.e of defalllt and electiun 10 sell the property to satisfy UIC obligations hereof, ::Illd sha1l cause such IlCJlice to bt: recorded in the oflice of the County recorder. l'h1tice of sale ha\'ing been given as then required by law, and not less than the time then required by law having elapsed. Tmstee without demand on GrJlltor, shall sell said property at t.he timc and place Ihed by it in said notice of sale, either ;]s a whole or in separate p;¡rcels and in such order as it may determine, at public auction 10 the highest bidder for cash in lawful sw.s Vision Form SD0041D Rev. 10/15/99 ..r;¡¡_~~.Ji¡¡¡,,,,,,,..u_¡'¡p,,,;''';œJA!!'!IIf.<:~'CJ8WiII»I\!t''''_-",,,d;~;''¡;¡;¡¡;~o.oo~.,,,,J]¡!,:Š'~_F''''''''~"'..----.......,..... : "~i ' ' ¡ .1 :·I'$;i't.1.ilfj-ü"ftitiØ¡:fIJitII~~~ ;'0 .c-·...s·,J (~ ('\ [. (: I,' ',) \~j U fl'JtlJney oflhe United States, payable at lime ofsa1e, Trustee shall delivcr to the purchascr its deed com'cying the propcr1y so sold, but witl10ut any covenant or warmnty express or implied, The recitals in stich deed orallY matters or facts shall be conclusivc pruofofthe truthfulness tllereof. AllY pCr5t1n, including Grantor, Trustee, or Beneficiary, Illay purchase at such sale. After deducting all cost.s, fees and expenses of Tmstee and of 01is Tnl~t, induding cost of evidence of title and n::..sonabJe cowLScl fees in conncction with sak, Tmslce shall apply Ole proceeds or s..le to paymcnt of: a1l sums e:<.pcn.Jcd under lhe tcrms hereof, nollhen repail.!, wilhaccrued intcrest at tin: highest lawful rate pemlissible under hbho law; all other sums then secured 11crehy; and the rcmainder, ¡fany, to the person or pcrsons Icgal1y entitled tllercto. Not \vithslandi1\g any other provisi9T1S hereof or of any ollIe I é:Jgn:emenl bet\\'ecn the parties hereto, lDlder no circunlStances shaH the amount paid or agreed to be paid to such BcncfidaT)' for the use, forbearance or detention of money exceed the highest lawful Tí\te permissible, and if a court of competent jwisdiction shall determine that UI(: perfom~lI1ce of any pro,,;si,," hereof or thereof shall result illlaymenl of amount in excess thereof, then such ptn\'ision sh.1I be deemed approprialely modified 10 Ule extent necessary to reduce sucll amount lo Lhat lIol in excess of such rate, any excess amount theretofore receh'ed shall be deemed applied 10 the principal amOWI( of the debt. 7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees. devices! administrators, executors, successors and assigns. The t,e-:nn BeneficialY shall mean the 1101der and owner flf the Ilott: seemcd hcrchy~ or, if the note has been pledged, the p1edgee thereof, in the Deed, whenever tl1e COIltext so requires, lhe 1114lsculine gender includes the fcmilline and/or neutcr, ~11l1 the singular number incluek-s the plural R. Trustce is not obligated to notif)' any pmty herelo of pending sale under any other Deed of Trust or of any action or proceeding in which Grdntor, Dr:neficîary or Trustee shaH be a party unless broughl by TT\Lo:;tce. 9, In the event of dissolution or resignation of the Tru.;;tee, the Beneficiary may sub:.¡titute a (fili{ee or trustees to e:v.ecute (he trust hereby created, and when uny such suhstitution has been filed [m record in the office of tn~ Rec0nicr ef the county in wh.ich the propelty herein described is situated, it shan be conc1usive evidence of the appointl1wJ1t of such ITustcc or trustees, and such new trustee or trustees shan slIcceed to aH OrOtC powers and duties of the trustee or Lrustees IlaT1)(.':d herein. Request is hereby madc that a copy of any Notice of Default and a copy of any Nut;ce of Sale hereunder be mailed 10 the Grantor at the address hereinbefore set forth. f~!;1UL9)l~¡L é 7C' -/1.A-' / C=Y:/ý-c ---y-- ~\tf1J ' .----. 2 C) '~){} /) C )"ll,C.) - I ~ / / /<: (fJ /¿J S- / - / INDIVIDUAL ACKNOWLEDGl\ŒNT STATE OF (v f t' H'») "y } ss COUNTY OF L J q(v'¡V, ·S·-0 On this ~ aay of November, 2005, before me, the undersigned, a Notary Public in and for the State, persona!Iy appeared DARRYL HOX1E and KA TRINA HOXIE, known or identified to me to be the person(s) whose name(s) îsJ.@~)subscribed to the within instnmle. nt and acknowledged to me that rt¿;re.. cl.tted.the same.... 1/.. . 2 CJE;~~~"'A~S'T~;;~~~~~~~~ . j¿!:tl;r ¿1: x( .-;c6;;Yj;r~ . C3~~. 6l~F. ~... ~.'g~I~~.. 11 (ßot~.f'ip.;bl;e in :nd fm ,,;d êo'u~IY ",'d St,le ~ C?MMISSION EXPIRES =-3(?_z6¡;)<-"l Resldmg ~t: ~4 /lc,') k,Y S' -:> II ( ......,"'·,"......·~""."".~,.,F·:..,.·~"",·,',·_","~.;:;;;;:;;~,:;;:~,d ConnmssJOn Exp,: /~¡l"ìrl, £1 '2 ({ 2. '-'0 "1 / TIlE PROl\HSSORY NOTE OR NOTES, AND ANY EVIDENCES OR VURTHER AND/OR ADDITIONAL ADV A1'1"CES M1JST BE ])RESENTED WITH TinS REQUEST To: IDAHO TITLE & TRUST, INC., Trustee: You are hereby authorized and requested to execute a reconveyance hereunder and deliver same to The undersigned hereby certifies that the owner(s) and holder(s) of the debt mentioned in said Deed of Trust and that the same has never been assigned or transferred. Address: Bencficiary TcJephone No.: Beneficiary 5\I\S Vision Form SDD041D Rev. 10/15199 ,1t'lT!f./m¡;.'itftPf;N.l'Ø:W~jt.tf~~'¿WiŒ~~æi~U:i:t~:wÆZI~~GIii'\.~~y.JiØitl~nJit~~~iIiii~~:QIjÐ'D~:(yJ'~~iÁ';A·.,.{o\~ .' '-hj (' n 0 ,;) l~ 'J , ',I '__' U :t J Exhibit "A" Lot 44 in Alpine Village Subdivision No.1, Plat 2, Amended, Lincoln County, Wyoming as described on the official plat thereof And also Beginning at the Northeast corner of Lot 2, also known as the Northwest 11'16 corner of Section 19, Township 37 North, Range 118 West, Sixth Principal Meridian, Wyoming; and running thence SOoo01 '02"W 302.83 feet along the West line of the Alpine Village Subdivision NO.1 (instrument #451666); thence S90000'OO'W 501.81 feet; thence NOr56'OO"W 309.87 feet to a South line of said subdivision; thence S89°34'15"E 544.69 feet along said South subdivision line to the point of beginning IIL_JIiI1TRlT!fll~_~~__ .-'i)~'_ -~-- '·-t,,~- .- -