HomeMy WebLinkAbout914316
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RECORDATION REQUESTED BY:
FIRST NATIONAL BANK - WEST
Alpine
100 Greys River Rd.
P.O. Box 3110
Alpine, WY 83128
WHEN RECORDED MAIL TO:
FIRST NATIONAL BANK - WEST
Alpine
100 Greys River Rd.
P.O. Box 3110
Alpine, WY 83128
RECEIVED 12/8/2005 at 3:02 PM
RECEIVING # 914316
BOOK: 607 PAGE: 169
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SEND TAX NOTICES TO:
FIRST NATiONAL BANK - WEST
Alpine
100 Greys River Rd.
P.0.Box3110
Alpine, WY 83128
SPACE ABOVE THIS LINE is FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE dated November 16, 2005, is made and executed between ROBERT R. IVIEII<LE AND CONNIE R.
MEII<LE, HUSBAND AND WIFE (referred to below as "Grantor") and FIRST NATIONAL BANI< - WEST, whose
address is 100 Greys River Rd., P.O. Box 3110, Alpine, WY 83128 (referred to below as "Lender").
GRANT OF MORTGAGE, For valuable consideration, Grantor mortgages and conveys to lender all of Grantor's right. title, and interest in and to
the following described real property, together with all existing or subsequently erected or affixed buildings, improve,nents and fixtures; all
easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
irrigation rights); and 011 other rights, royalties, and profits relating to the real property, including without limitation all min8rals, oil, gas,
geothermal and similar matters, (the "Real Property") located in LINCOLN County, State of Wyoming:
See ATTACHED EXHIBIT" A". which is attached to this Mortgage and made a part of this Mortgage as if fully
set forth herein.
The Real Property or its address is commonly known as PHASE II SALT RIVER COVE SUBDIVISION, ALPINE. WY
83128.
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Grantor presently assigns to lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property, In addition, Grantor grants to lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GiVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY ANP All OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti,deficiency" law, or any other law
which may prevent lender from bringing any action against Grantor, including a claim for deficiency to the extent lender is otherwise entitled to
a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by exercise of a
power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrower's request and not at
the request of lender; (b) Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; (c) the
provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not
result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining
from Borrower on a continuing basis information about Borrower's financial condition; and (e) lender has made no representation to Grantor
about Borrower (including without limitation the creditworthiness of Borrower).
PA YMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to lender all Indebtedness secured by this
Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage,
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor açjree that Borrower's and Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property,
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements. and
maintenance necessary to preserve its value.
Compliance With Environmental laws. Grantor represents and warrants to lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, 'storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2)" Grantor ,has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by lender' in writing, (a) any breach or violation of any Environmental laws,
(b) any use, generation, manufacture. storage, treatment, disposal, release or threatened release of any Hazardous Substonce on, under,
about or from the Property by any prior owners or Qccupants of the Property, or ,(c) any actual or threatened litigation or claims of any
kind by any person relating to such matters; and (3) Except as previously rJisclosed to and acknowledged by lender in writing, (a) neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws, Grantor
authorizes lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as lemler may deem
appropriate to determine compliance of the Property with this section of the Mortgage, Any inspections or tests made by Lellder shall be
for lender's purposes only and shall not be construed to create any responsibility or liability on the part of lender to Grantor or to any other
person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless lender
against any and all claims', losses, liabilities, damages, penalties, and expenses which lender may directly or indirectly sustain or suffer
resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's ownership or, ilìterest in the Property, whether or not the same was or should have been
known to Grantor, The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the 'lien of this Mortgage and shall not be affected by lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property, Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent.
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Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without lender's prior written
consent. As a condition to the removal of any Improvements, lendeï may require Grantor to make arrangements satisfactory to lender to
replace such Improvements with improvements of at leasI equal value,
lender's Right to Enter. Lender and lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
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Loan No: 761001074
Compliance with Governmental Requirements, Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans
With Disabilities Act, Grantor may contest in good faith any such law. ordinance. or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's
sole opinion, Lender's interests in the Property are not jèopardized, Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest:
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property, Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
TAXES AND LIENS, The following provisions relating to the taxes and liens on the Property are part 01 this Mortgage:
Payment, Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water
charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for
services rendered or materi,,1 furnished to the Property. Gr"ntor shall maintain the Property free of any liens having priority over or equal to
the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender. and except for the lien of taxes
ånd assessments not due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized, If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing.
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that
could accrue as a result of a foreclosure or sale under the lien, In any contest, Grantor shall defend itself ûnd Lender ¡JI1d shall satisfy any
adverse judgment before enforcement against the Property, Grantor shall name Lender as an additional obligee under any surety bond
furnished in the contest proceedings.
Evidence of Payment, Grantor shall upon demand furnish to Le'nder satisfactory evidence of payment of the taxes or ussessments and sl1ull
authorize the appropriate governmental official to deliver to Lenaer at any time a written statement of the taxes and assessrnents against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of LendE;r furnish to Lender advance assurances satisfûctory to Lender that Grantor
can and will pay the cost of such implovements.
PROPERTY DAMAGE INSURANCE, The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance, Grantor shall procure and maintain policies of fire ,insurance with standard extended coverage endorsements on
a replacement basis for the full insurable value covering all ImprQvements on the Real Property in all amount sufficient to avoid application
01 any coinsurance clause, and with a standard mortgagee clause in favor of Lender, Policies shall be written by such insurance companies
and in such form as may be reasonably acceptable to Lender, Grantor shall deliver to Lender certificates of coverage from each insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to
Lender and not containing any disclaimer of the insurer's liabi!ity 'fòr failure to give such notice. Each insurance policy also shall include an
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any
other person, Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as
a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance
of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance
Program, or as otherwise required by Lender, and to maintain s4ch insurance for the term of the loan,
Application of Proceeds. Grantor shall promptly notify Lender' of any loss or damage to the Property if the estimated cost of repair or
replacement exceeds $1,000,00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty, Whether
or not Lender's security is impaired. Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the
proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If
Lender elects to apply the proceeds to restoration and repair, Grantor shall repair ÇH replace the damaged or destroyed Improvernents in a
manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for
the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage.' Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay
any amount owing to Lender under this Mortgage, then to pay accrued interest; and the remainder, if any, shall be applied to the principal
balance of the Indebtedness, If Lender holds any proceeds after payment in ful! of the Indebtedness, such proceeds shall be paid to Grantor
as Grantor's interests may appear.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor
fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay
when due any amounts Grantor is required to discharge or pay under this Mortgage or any nelated Documents, Lender on Grantor's behalf may
(but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens,
security interests, encumbrances and other claims, at any time levied or placed on ,the Property and paying all costs for insuring. maintaining and
preserving the Property, All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the
Note from the date incurred or paid by Lender to the date of repuyment by Grantor, All such expenses will become a part of the Indebtedness
and, at Lender's option, will (A) be payable on demand; (B) be "dded to the, balance of the Note and be apportioned among and be payable
with any installment payments to become dlJe during either (1) the term of any appliçable insurance policy; or (2) the remaining term of the
Note; or (C) be treated as a balloon payment which will bedue a'nd payable at the Note's maturity. The Mortgage also will secure payment of
these amounts, Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default,
WARRANTY; DEFENSE OF TITLE. The following provisions relating to, ownership of the Property are a part of this Mortgage:
Title, Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property descriptionor in any title insurance policy, title report, or final title opinion
issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to
execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor war.rants and will forever defend the title to the Property against
the lawful claims of all persons, In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender
under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding. but
l.ender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to perrnit such
participation.
Compliance With Laws, Grantor warrants that the Property ¡md Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and abreements made by Grantor in this Mortgage shall
survive the execution and delivery of this Mortgaue. shall be continuing ,in nature, and shall remain in full force dl1d effect until such time as
Borrower's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing. and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain. the award, Grantor m¡¡y be the nominal party in such proceeding. but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor
will deliver or cause to be delivered to Lender such instrument~an( documenti)tion as may be requested by Lender from time to time to
permit such participation, '
Application of Net Proceeds, If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that all or any,portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property, The net proceeds of the award shall mean the award after payment of all
Loan No: 761001074
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MORTGAGE
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reasonable costs, expenses, and attorneys' fees incurred by Lender in 'connection with the condemnation,
IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property, Grantor shall reimburse Lender for
all taxes, as described below, together with all expenses incurréd in recording, perfecting or continuing this Mortgage. including without
limitation all taxes. fees, documentary stamps. and other charges for' recording or registering this Mortgage,
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any
part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct
from payments on the Indebtedness secured by this type of Mortgage; P) å tax on this type of Mortgage chargeable against the Lender or
the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
unless Grantor either (11 pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Leneler.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions rel¡¡ting to this Mortgage as a security agreement are a part of
this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures. and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by lender, Grantor shall take whatever action is reqlJested by Lender to perfect and continue Lender's
security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any
time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this MortgiJge as a financing
statement. Grantor shall reimburse lender for all expens,es incurred in perfecting or continuing this security interest. Upon default, Grantor
shall not remove, sever or detach the Personal Property from the Property, Upon default, Grantor shiJII assemble any Personal Property not
affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it availiJble to Lender within three
(3) days after receipt of written demand from Lender to the extent permitted by applicable law,
Addresses. The mailing addresses of Grantor (debtor) and lender (secured party) 'from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Mortgage.
FURTHER ASSURANCES; ATTORNEY ·IN,FACT. The following provisions relating to further assurances and attorney-in,fact are a part of this
Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, GriJntor will make. execute and deliver, or will cause to
be made, executed or delivered, to lender or to lender's designee. and when requested by Lender. cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any iJnd all such mortgages,
deeds of trust, security deeds, security agreements, financing' statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opinio[1 of ,Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Borrower's and Grantor's obligåtiòns 'under' the 'Note, this Mortgage, and the Related Documents, and (2) the
liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by
Grantor, Unless prohibited by law or lender agrees to the contrary in writing, Grantqr shall reimburse Lender for all costs and expenses
incurred in connection with the matters referred to in this paragraph,
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney,in-fact for the
purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desiriJble, in Lender's sole
opinion, to accomplish the matters referred to in the preceding paragraph.
FUll PERFORMANCE. if Borrower pays all the Indebtedness when due: and other'wise performs all the obligations imposed upon Grantor under
this Mortgage, lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
financing statement on fiie evidencing Lender's security interest in' the Rents and the Personal Property, Grantor will pay, if permitted by
applicable law, any reasonable termination fee as determined by Lender from time,to time.
EVENTS OF DEFAULT. Each of the following, at lender's option,' s~a'u constitute ail Event of Default under this Mortgage:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time requiied by this Mortgage to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of '0f to effect discharge of any lien,'
Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
other agreement between lender and Borrower or Grantor.
Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase
or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any
Grantor's property or Borrower's ability to repay the Indebtedness 'or Borrower's or Grantor's ability to perform their respective obligations
under this Mortgage or any related document.
False Statements. Any warranty, representation or statement made or furnished to lender by Borrower or Grantor or on Borrower's or
Grantor's behalf under this Mortgage or the Related DocumentS'is false or misleading in any material respect, either now or at the time
made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralization. This Mortgage or any of the' Related Documents c'eases to be in full force and effect (including failure of any
collateral document to create a valid and perfected securi,ty interßst, or lien) at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part
of Borrower's or Grantor's property, any iJssignment for the be,nefit of creditors, any type of creditor workout, or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor.
Creditor 01 Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding. self,help,
repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the
Indebtedness, This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender, However,
this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim
which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture
proceeding and deposits with lender monies or a surety bond for the 'creditor or forfeiture proceeding, in an amount determined by Lender,
in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Borrower or Grantor Under the terms of any other agreement between Borrower or Grantor and
Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any
indebtedness or other obligation of Borrower or Grantor to Lender, whetherexisting now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, oraccommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any Guaranty of the ,lndebt~dness,ln' the event of a death, Lender. at its option, may, but shall
not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner
satisfactory to Lender, and, in doing so, cure any Event' of Default.
Insecurity. Lender in good faith believes itself insecure,
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise anyone or more of the following rights and remedie,s, in addition to any other rights or remedies provided by law:
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Loan No: 761001074
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Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately
due and payable, including any prepayment penalty which Grantor would be required to pay.
UCC Remedies. With respect to all or any part of the Personal Property. Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property, including during the
pendency of foreclosure, whether judicial or non,judicial, and collect the Rents, including amounts past due and unpaid, and apply the net
proceeds, over and above Lender's costs, against the Indebtedness. In furtherance 'of this right, Lender may require any tenant or other
user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably
designates Lender as Grantor's attorney-in,fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate
the same and collect the proceeds, Payments by tenants or other users to Lender in response to Lender's demand shall satisly the
obligations for which the payments are made, whether or not any proper grounds for the demand existed, Lender may exercise its rights
under this subparagraph either in person, by agent, or through a' receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property. with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness, The receivl" may serve without
bond if permitted by law, Lender's right to the appointment of a reæiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount, Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclC?singGrantç>r's interest i'l all or any part of the Property.
Nonjudicial Sale. Lender may foreclose Grantor's interest in all or in any part of the Property by non-judicial sale, and specifically by "power
of sale" or "advertisement and sale" foreclosure as provided by ,statute.
Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due
to Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Gramor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's aptian, either (1) pay a reasonable rent,,1 for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Notb or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law. Borrower and Grantor hereby waive any anel all right to have the Property
marshalled, In exercising its rights and remedies, Lender shall be free to sell all or any part of the Proputy together or separately, ill one
sale or by separate sales. Lender shall be entitled to bid at any public sale on'allor any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice" of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made, Reasonable notice shall mean notice
given at least ten (10) days before the time of the sale or disposition, Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expe¡¡Jitures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect
Lender's right to declare a default and exercise its remedies, Nothing under this Mortgage or otherwise shall be construed so as to limit or
restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the ri(Jhts and a¡Jilily of
Lender to proceed directly against Grantor and/or Borrower and/or against any other co,rnaker, guarantor, surety or endorser and/or to
proceed against any other collateral directly or indirectly securino the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights Slldll become a part of the Indebtedness payable on demand ¡md shdll bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's reasonable attorneys' fees .and Lender's legal expenses whether or not there is
a lawsuit, including reasonable attorneys' fees and expensfis for bankruptcy proceedings (including efforts to modify or vacate any
automatic stay or injunction). appeals, and any anticipated post~judgrnent collection services, the cost of searching records, obtaining title
reports (including foreclosure reports). surveyors' reports, a'nd àppraisalfees and title insurance, to the extent permitted by applicable law.
Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
deposited with a nationally recognized overnight courier, or, if mailed, when deposited in, the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage, All copies of notices of foreclosure from
the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage.
Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the
purpose of the notice is to change the party's address, For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's
current address, Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is
deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Mortgage. No alteration of or a'mendmentto this Mortgage shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by th~ alteration or amendment.
Annual Reports, If the Property is used for purposes other than Grantor's residence, Gr~ntor shall furnish to Lender, upon request, a
certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as
Lender shall require, "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection
with the operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience Rurposes, only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the
laws of the State of Wyoming without regard to its conflicts of law provisiollS. This Mòrtgage has been accepted by Lender in the State of
Wyoming.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Lincoln County,
State of Wyoming.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to
Grantor shall mean each and every Grantor, and all references to Borrower sh'all mean each and every Borrower, This means that each
Borrower and Grantor signing below is responsible for all obligations in this Mortgage,
No Waiver by Lender. Lender shall not be deemed to .have waived any rights under~his Mortgage unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lfmcler in èxercising any right shall operate as a waiver of such right or any
other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Mortgage, No prior waiver by Lender, nor any course of dealing
between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions, Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance
shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person
or circumstance, that finding shall not make the offènding fJrovision illegal, invalid, or unenforceable as to any other person or
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circumstance. If feasible, the offoodin¡¡ plovision sh'o" b¡¡'ca""iiierad 'mód¡iie4 sç,lhat it bacame. legal. valid and enfarco.ble, 1/ tho
offémding provision cannot be 50 modified, it shaH be consi~r¡¡uJ deletßd .from- this Mortgage. Unlass otherwise requirüd Ly law. the
illcgDlity, invalidity. or une~folceubility of any provi8ion Qf tbis Mortgagf3 shaU out affect thä liiQolity, \I~ jdity or fm'orcijaLility of tiny other
provision of this Mortgage. ' "
MMrger. There shaH be no mÐrQEir of the interest Qr esià1ð. t¡'e~l~d "by this Mo'rtQa9~ ~ith AOY other interest or e~tatd in the Property at allY
time h.ld by or for the benelit of lJmdar In any cape.oity. witþaut Iho writlSn Conse,)t of lend.".
S"cco..o," and A.sign.. Subject to any ~mitatlons stated in lI,i. Mo~g,age~nïransf"r of Grentar'. irlleres1, thi. Mortgage .hall be binding
upon and inure to the benefit of the parties. Uleu- $uc~asöOra ðr:d østòiQ~. If owntìr~tljp of ilia Property bacomes VClstoad in ð perSOn other
thin Grantor, Lender. without notice 10 Grantor, may dëal willi Grant.;:¡rr, s~ce~,,'úr~ wiUI retertu\Cð to 1his MortQdge aoo the Indebtedness
by way úf fo,bearance or extension without releasing Grantor from ~a obligations of thia Martgãge oc liabilitv uod~r the! Il1dt:btüdnass.
Timø &a of thl E$itmca. Time ÙI of the es::itmce In the ~~for.r.nð~e o'f ~s _Mortga9Q~
Waiver of HOIl....ta.d Exom llliln. Gramor hereby reteases lUlÍ:1'waiv.. all rights ¡rod beilefits 0/ the homest.ad exemption laws of the State
of Wyoming aa to alllndobtedne.. """u,ad bV this MDftl1aga.
DEFINITIONS. The fallowing capitaUzed wards end tarn>s ohaJl h;ivethe following m"oniilg. when used 'in Ihi. Mortgage, Unless specifically
stated 10 the contHuy. all refereôcð& to doHar amount:¡ shall mean ar11"a~tj i!1lawful monQ.Y of the United States of AmaÚca. WOld:¡, and terms
used In t.héI singular shall îoctooe Ü'H:t plural, a.nd tha plurAl 5h."U include Utø iingÛlê:Îl. as tt~ contox-t may requIrE!_ Words and œlms hot othi!rwlse
defined in thiä Mortgage ¡hall havB tho meaoing4 gnributed ~Q ~UCh ~i(~ in.t:~ Urüforrn,Co~nwlciaj Code:
Borrolll/er. The ward "Borrowor' "",.n. R08ERT R. MEiKlE and iocl<id~"all c(¡'signers and cc,':mak.rs si¡¡rung tho Not. .nd .11 thair
SUCC6liSOrli and assigns.. .' . _
Def.uIt. The wo,d "Darault" mo.ns tho Dor.ull .at forth Înthi. Mciitgage in tho £Octíon titled "Default".
EnvlrQnmental Lawa. The warda "EnvuonmentaJ la~~'¡ me~r(a~1Ÿ .~.ri:.1·,~U '~ta1~. ;_~oo~w ~~ l(Jc~i 6tatutes. regulations. alld oldinanCtlB
cslbting to the protection of human he.øJlh or thø eml.u-lJOffitifit. incJudîf\Q_ without Iimiµlt~n the Comprêheo5Î\o"e Enviroomantal RtI~ponsa,
Compeosillûan, )Sod UabilÍ1v Act of 1980, Õ;i& iir06ndau. 42 U.S·.C. Section 9601. e1 &oq. (-CEACLA-), thÞ Superfund Am..:ndment8 and
R.authorization Act of 1986, Pub. l. No. 99-499 (·SARA"I'. the Hazardous Materi.l. TranS¡AJrtäliooO Act, 49 U,S.C. S.cuor¡ 1801. ot .oq.,
the Resource COlUer\lation and Recovery Act, 42 U.S.C. Se~tion 69ql. et.seq.. or othar appü¡;able støtfJ or faJiral lawli. ru.üs, or
rcgulutions adoptud pur$uant thereto.
Evarnt of O"t-.uh. The words -Evam 01 Default"'_ mean -aoy of the tI'Ìlè:nts of,ddilutt :set forth in this Mortgage 10 Lha events of default
5ection of this Mor1gage. ~'. . .
Grantor. The wa,d "Grantor' moans ROBERT R. MEIKLE aod·CONNlER.'MfIKLE.
Guaranty. The word ·Guatanty· means thQ guaranty from guar~~toi. endorset" sUl~ty. ·,!r accommodaûon party to Lénder, including
withoLII limi1atlon a guaranty of all or pari of tho Notà. ,'. ' .
Hazardous Substancø¡. The words -Hiizördous Subs~nces" mðan fJ)at~(i~~. ~t. because ot thair quantity, concentration 01 phYfiical,
chemical or infectious characteristics. may cause òr po:;e it pref:ient oc ·potdmi41 hazard to human he-a!th or U1ø envirol1ment when
improperly wed, treatðd. litorad, dispo-¡,ed of. o&oåriittid¡ -marwfactJ.Úed, :1ram.pòit~d Of othulwiillQ handled. The words .H6lbrdous
Subs1ðnces· lUe used in their "dry bmadüt 58ßSC and iréW.å WiúWûÍ:'Ii"iiita1Jon any and aU hazardous Dr t+.)x5c tiub~tðlîCe5 ffialtSridlä or
Wéuite as defined by or lii-ted undür the Environrrnmti.l lsw:t_- J~-t~~: ~.Ha:{ärdoua Substaocða· also includes. wiU10ur I1m.Jtation, pdtrol(,JlJm
and petroleum by-products or any fraction U\ðieof and asbeStos. .
Improvem.-rlù. Thø wOld -Improvøment,- means all e)(.is1ing and .fvture improvements. bUildings. &tructure~. mobilø home.5 affi.xàd on (ha
Re.1 Proporty. facilitle.. addiUan¡¡. replacem<inw and other construction on the Real Pr0p"rly.
Indebtedne:¡¡a. The word -lndabttidneS5- mean," aÛ pi~~p~;--!~~elest:"a~ 'oÜ1er.a~ou.nt&. costs and expenses payable ulld~r the Note or
Relillted Docwnsnts, togttther with iÛl renewals of. uxtßuiion.s of4 ·n1qditjcatiqria. of, èonsolidötions of and substitutkms foc the Nate or
Rb1latad DDCUmentlit and any amauotllxpanded Qr advanced by lender to diacharQe Grön1oc's obliuatlons Of tixpell~es Incurred by lender to
enforce Grantor'a obligations under this Mortgage, togeU1ec'with inldfisl on suCh amounts ós provided in ~ Mortgage.
, . . . . -
lendor, The word "londor" means FIRST NATIONAL BANK - WES~~ itS ·aucce¥'o,. ai>d essigna.
Mortgago. Tha word "Mortgaga" means thia Mortgage batw""n Grantor and l~i1d"r.,
Note. The wDfd 'Note" mea"" the prami..ory nato d."'d ~v~mbòr 16, 2005. in the original principal amount of $2.2.5.000.00
from 8orraw~r to Lander, togottw.r with all filfHiwëllii ot; üx1.iU\6ÎOI\6 of, modific:ationlJ' of, röfinancings of, consolidations of, and substitutions
for the promissory note Qr agreement. The mótwity da!f!! ~~ tt'\i3 M~r1ga.ge i.s J~~}e 15, 2006.
Pøuonal Prop.rty. Thd wOfd¡¡ ·Pscsonal Property· Ine~1\ ·aµ :~\.IÎl?man.tl fixtur.8S, ~~. aiM; articlea. of per~QJ"\ö1 property now Of haraähttr
owned by Grantor, and now or hereifter attached Of a.tf~6d to the A~ä.I ~ròperty; tOfJetht;:r with aU acc.6ssio~ pdrts. and additions to. (611
replacoments of, and all substitutions fot, anv of auch property; ,¡md_ tOQtlthàr. with all prOCttads (including Without lΡnÎHitiOf1 all insurance
procãads and røfunda of premiulT1:i) from any sale or ol~_r dliPO$i_~km of th~ ~r~.pärtY:.,
Properlv, The word "Property" means collectively the 1laà!'Prop.erty, and't/:1e·Pe",o¡"oIP,aperty.
Real Pro,,~rtY. The words "Roal Propartv" mean tho taal ploperty, Intara.w and rights, ... further d""crib..d in tIli. Murtgaga.
R.ieted Documentl. The words -Refated Documeo(~· maim all pfomis-sOly'·nates:- credit agra9()¡ðnts. loan agreements, Iinvironmentét.1
agreoments, guar¡:¡¡ntie~, 8Ð<:UfitV IQreeruøo1s, mortgagea..dseds 0_' tr~t. 'Sðcurity deeds, COU",tI3Iiìl mortgaQtl8. öod aU other 1f)~lrurnentlii.
aglthHnalltB aod documenta. whether now Qr hereafter exit;t~, e:x.ec~~ in coonactipn \.\lith Ú~Q. Indl;tbtednass.
Renti. The word "R@nts" means all present and tuiurð UlOts: Javenuþs.. ioconie. i5$ueS: rovaltias. ·plolita. and other benufit& derived from
the P,aporly. . '. "
fACH GRANTOR ACKNOWLEDGES HAVING READ ALl THE PROVISIONS OF' THIS, MORTGAGE. AND fACII GRANTOR AGREES TO ITS
TERMS. . .
GRANTOR:
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MORTGAGE'
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INDIVIDUAL ACKNOWLEDGMENT
STATE OF _I DA \--\ Q
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On thl. day before mo, thø undør¡¡lgned Notary Public. p¡,,,,,;naUY appeared' RÖßajT R. MBKLf and CONNIE R. MEIKLE, to mo known to be the
individual9 de:icr~bed in and who executed the Mor1gBije. önd ~ck':low~dQ_ed dlat 'the'! ~iuned me Mortgage j$ U\eÎl f£tid ilfld \lOlu.ntaIY act\and
deed. fOf the U5.e j ðlld purposes therein mentioo~, .' ~ - . .... h . \. I .
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circumstance. If feasible, the offending prOVISion shall be considered modified so that it becomes legal, valid and enforceable. If the
offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the
illegality, invalidity, or unenforceability of any provision of this' Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate, created by this Mortgage with any other interest or estate in the Prop¡;rty at any
time held by or for the benefit of Lender in any capacity, witllout the written consent of Lender.
Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest. this Mortgage shall be binding
upon and inure to the benefit of the parties, their succeSsors and assigns, If ownership of the Property becomes vested in a person other
than Grantor, Lender, without notice to Grantor, may deal with Grantor's succesSors with refelence to this Mortgage and the Indebtedness
by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness,
Time is of the Essence. Time is of the essence in the performance of this Mortgage,
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
of Wyoming as to all Indebtedness secured by this Mortgage.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage, Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America, Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require, Words and terms not otherwise
defined in this Mortgage shall have the meanings attributed to such terms in the Uniform, Commercial Code:
, '
Borrower. The word "Borrower" means ROBERT R, MEIKLE and includes, all co'signers and co:makers signing the Note and all their
successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage in the sectîon titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C, Section 9601, et seq, ("CERCLA"), the Superfund ¡\II1CI1( rnents and
Reauthorization Act of 1986, Pub, L. No, 99,499 (" SARA"), the Hazardous Ma lerials Transportation Act. 49 U, S, C, Section 1 801, et seq.,
the Resource Conservation and Recovery Act, 42 U,S,C, Sectjon 6901, et seq" or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of, default set forth in this Mortgage in the events of default
section of this Mortgage.
Grantor. The word "Grantor" means ROBERT R. MEIKLE arid Co'NN!E R, MEIKLE.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender. including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or' pose a present or potential hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled, The words "Hazardous
Substances" are used in their very broadest sense and inGI\Jde' withÇ¡út'lilllitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws, The, term "Ha?ardous Substances" also includes, without limitation, petroleum
and petroleum by·products or any fraction thereof and asbestos. "
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all princip,al, 'in1erest, and otheramOunts, costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lef)der to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Mortgage, together with interest on 'such amöunt£ as provided in this Mortgage.
Lender. The word "Lender" means FIRST NATIONAL BANK -WEST, itssûcce~sorsand assigns,
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.,
Note. The word "Note" means the promissory note dated November 16, 2005, in the original principal amount of $225,000.00
from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement. The maturity dat~ of thi~ Mortgageis Jyne 15, ,2006,
Personal Property. The words "Personal Property" mean 'all 'equipment, fixtures, and,other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for. any of such property; andtogether with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property: '
Property. The word "Property" means collectively the Rean~roperty and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements. environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents,revenues, income, issues, royalties, profits, and other benefits derived from
the Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND EACH GRANTOR AGREES TO ITS
TERMS.
GRANTOR:
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Loan No: 761001074
Page 6
INDIVIDUAL ACKNOWLEDGMENT
STATE OF
WYOMING
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COUNTY OF ' "., STATE OF
LlNCOW wYm.mtG
MY ~""",,~e'5~~-',8. 2007
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COUNTY OF
Lincoln
On this day before me, the undersigned Notary Public, personally appearerl ROBERT R, MEIKLE and/gr¡r¡t'f!¥ 1"1 'fIf-Y<J-:f' to me known to bf; the
individuals described in and who executed the Mortgage. and acknowledged thiJl they signed the Mortgage as thell free and voluntary act and
deed, for the uses and purposes therein mentioned.
eal this 16th day of ~Q.yember:._____, 20.-0.5.___'
B
Residing at
Lincoln County
My commission expires _2./.11./07
LASEA PRO lendin¡¡, Ver. S_2S.00.002Caµl. HaIJiol1dfìr.¡¡I'1~i.. S~Juli;JI1~. I,,~. 19~7. 2.005 All AíÍf II~ A'¡~"'I\'cd wy D:\CFI\lPl\G03 FC 111-486
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That part of the SW1/4 of Sec, 10 & the SE1/4 of Sec. 9, Township 36 North,
Range 119 West, 6th Principal Meridian, Lincoln County, Wyoming, described as
follows:
Beginning at the Southeast corner of Section 9, Township 36 North, Range 119
West of the 6th Principal Meridian, and running thence South 89°46'52" West
along the south line of said Section 9, 131.00 feet; thence North 0°40'50" West,
436.13 feet; thence North 15° 19'25" East, 494.15 feet; thence South 89° 19' 1 0"
West, 392.78 feet to a point on a 50' offset to the East bank of the Salt River;
thence along said 50' offset, the following eleven (11) courses: 1) North
34°14'35" East, 54.96'; 2) North 23°42'59" East, 165.71'; 3) North 29°44'34"
East, 177.19'; 4) North 32°53'14" East, 153.88'; 5) North 1r08'04" East,
155.76'; 6) North 6°48'30" West, 133.54'; 7) North 11 °28'20" West, 240.07'; 8)
North 18°14'22" West, 233.58'; 9) North 35°27'58" West, 104.65'; 10) North
52°03'35" West, 215.81'; 11) North 54°15'03" West, 39.77 feet to the South RNV
line of County Road 12-104; thence South 89°23'03" East along said South RNV
line, 1490.63 feet; thence South 0°27'47" East, 116.26 feet; thence 174.11 feet
along the arc of a 200 foot radius curve to the left, whose long chord bears South
25°53'45" East, 168.67 feet; thence South 50°50'09" East, 377.72 feet; thence
75.31 feet along the arc of a 200 foot radius curve to the right, whose long chord
bears South 40°02'56" East, 74.86 feet; thence North 60°44'17" East, 30.00 feet;
thence North 89°19'10" East 595.56 feet to the Westerly RNV line of U.S.
Highway 89; thence South 4°11'24" East along said Westerly RNV line, 1759.17
feet; thence South 88°33'22" West, 2173.65 feet to the Point of Beginning
LESS all area within Salt River Cove Division NO.1 and 2nd Amended Plat Salt
River Cove Division No.1, Lincoln County, Wyoming