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RECEIVED 1/30/2006 at 4:15 PM
RECEIVING # 915605
BOOK: 611 PAGE: 10
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Space Above This Line For Recording Data
MORTGAGE
DATE AND PARTIES. The date of this Mortgage (Security Instrument) is May 23, 2005. The parties and their
addresses are:
MORTGAGOR:
CAROL ROBERTS
As TRUSTEE
Of the CAROL ROBERTS AND CAROL N. ROBERTS, TRUSTEE OF THE CAROL N. ROBERTS TRUST DATED
JANUARY 10, 1998
Dated ,A Trust
POBOX 756
COWLEY, Wyoming 82420
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LENDER:
FIRST NATIONAL BANK - WEST
Organized and existing under the laws of the United States of America
314 S Washington
PO Box 1620
Afton, Wyoming 83110
TIN: 83-0162601
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and
to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants,
bargains, conveys, mortgages and warrants to Lender, with the power of sale, the following described property:
SEE ATTACHED SCHEDULE "C"
The property is located in LINCOLN County at NORTH HWY 89, AFTON, Wyoming 83110,
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and
riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and
replacements that may now, or at any time in the future, be part of the real estate described (all referred to as
Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements
have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at anyone time
will not exceed $10,400.00. This limitation of amount does not include interest and other fees and charges validly
made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms
of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this
Security Instrument.
3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts:
A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
replacements. A promissory note or other agreement, No. 64003226, dated May 23, 2005, from Mortgagor to
Lender, with a loan amount of $10,400.00.
B. All Debts. All present and future debts from Mortgagor to Lender, even if this Security Instrument is not
specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than
one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or
with others who may not sign this Security Instrument, Nothing in this Security Instrument constitutes a
commitment to make additional or future loans or advances. Any such commitment must be in writing, In the
event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent
security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security
Instrument will not secure any debt for which anon-possessory, non-purchase money security interest is
created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law
governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a
CAROL ROBERTS AND CAROL N. ROBERTS, TRUSTEE OF THE CAROL N. ROBERTS TRUST DATED JANUARY 10.' 1998
Wyoming Mortgage Initials é.All
WY/4brandiem00836500004670022052705Y °1996 Bankers Systems, Inc.. St. Cloud, MN ~ Page 1
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091.5605
security 'interest is created in II 'argin stock" and Lender does not obtain
and required by federal law governing securities.
C. Sums Advanced. All sums advanced and expenses incurred by Lender under the
Instrument.
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"'statement of purpose, as defined
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terms of this Security
4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in
accordance with the terms of the Secured Debts and this .Security Instrument.
5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other
lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to
provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's
payment, Mortgagor will defend title to the Property against any claims that would impair the lien of this Security
Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses
Mortgagor may have against parties who supply labor or materials to maintain or improve the Property.
7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due
and payable upon the creation of, or contract for the creation of, any transfer or sale of all or any part of the
Property, This right is subject to the restrictions imposed by federal law (12 C,F.R. 591), as applicable.
8. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such
as a corporation or other organization), Lender may demand immediate payment if:
A. A beneficial interest in Mortgagor is sold or transferred.
B. There is a change in either the identity or number of members of a partnership or similar entity,
C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity.
However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this
Security Instrument.
9. WARRANTIES AND REPRESENTATIONS. Mortgagor makes to Lender the following warranties and
representations which will continue as long as this Security Instrument is in effect:
A. Power. Mortgagor is duly organized, and validly existing and in good standing in all jurisdictions in which
Mortgagor operates. Mortgagor has the power and authority to enter into this transaction and to carryon
Mortgagor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each
jurisdiction in which Mortgagor operates.
B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced
by this Security Instrument are within Mortgagor's powers, have been duly authorized, have received all
necessary governmental approval, will not violate any provision of law, or order of court or governmental
agency, and will not violate any agreement to which Mortgagor is a party or to which Mortgagor is or any of
Mortgagor's property is subject.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good
condition and make all repairs that are reasonably necessary, Mortgagor will not commit or allow any waste,
impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses.
Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior
written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without
Lender's prior written consent, Mortgagor will notify Lender of all demands, proceedings, claims, and actions
against Mortgagor, and of any loss or damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a
reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and
Mortgagor will in no way rely on Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this
Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints
Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right
to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude
Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction
on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to
protect Lender's security interest in the Property, including completion of the construction,
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys, mortgages and
warrants to Lender as additional security all the right, title and interest in the following (Property): existing or
future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and
occupancy of the Property, including any extensions, renewals, modifications or replacements (Leases); and rents,
issues and profits (Rents). In the event any item listed as Leases or Rents is determined to be personal property,
this Assignment will also be regarded as a security agreement, Mortgagor will promptly provide Lender with copies
of the Leases and will certify these Leases are true and correct copies, The existing Leases will be provided on
execution of the Assignment, and all future Leases and any other information with respect to these Leases will be
provided immediately atter they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as
Mortgagor is not in default. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will
not commingle the Rents with any other funds. Mortgagor agrees that this Security Instrument is immediately
effective between Mortgagor and Lender. This Security Instrument will remain effective during any statutory
CAROL ROBERTS AND CAROL N. ROBERTS, TRUSTEE OF THE CAROL N. ROBERTS TRUST DATED JANUARY 10, 199B
Wyoming Mortgaga
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redemption' period until the Secur~u Debts are satisfied. As long as this;¡i~\~signment is in effect, Mortgagor
warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not
violated any applicable law on leases, licenses and landlords and tenants.
13. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Payments. Mortgagor fails to make a payment in full when due.
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf
of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the
voluntary or involuntary termination of existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or
against Mortgagor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any
other obligations Borrower has with Lender.
C. Business Termination. Mortgagor merges, dissolves, reorganizes, ends its business or existence, or a partner
or majority owner dies or is declared legally incompetent.
D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this
Security Instrument.
E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender.
G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information
that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor.
I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying
Lender before making such a change.
K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This
condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the
DUE ON SALE section.
L. Property Value. The value of the Property declines or is impaired,
M. Material Change. Without first notifying Lender, there is a material change in Mortgagor's business,
including ownership, management, and financial conditions.
N. Insecurity. Lender reasonably believes that Lender is insecure.
14. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or
in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any
amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under
the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available
on Mortgagor's default.
Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal
and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts
immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a
default or anytime thereafter.
Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the
property sold to the purchaser or purchasers. Under this special or limited warranty deed, Lender will covenant
that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will
specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims
and demand of all persons claiming by, through or under Lender. The recitals in any deed of conveyance will be
prima facie evidence of the facts set forth therein,
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not
constitute a waiver of Lender's right to require full and complete cure of any existing default, By not exercising
any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens
again,
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15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
under this Security Instrument or any other document relating to the Secured Debts. Mortgagor agrees to pay
expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property
from this Security Instrument, Expenses include, but are not limited to, reasonable attorneys' fees after default
and referral to an attorney not a salaried employee of the Lender. These expenses are due and payable
immediately, If not paid immediately, these expenses will bear interest from the date of payment until paid in full
at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent
permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees incurred
by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or
against Mortgagor.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,
42 U,S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney
general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public
health, safety, welfare or environment, The term includes, without limitation, any substances defined as
CAROL ROBERTS AND CAROL N. ROBERTS, TRUSTEE OF THE CAROL N. ROBERTS TRUST DATED JANUARY 10. 1998
Wyoming Mortgage
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"hazardous' material," "toxic subs\¡tK~e,"
undér any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be
located, stored or released on or in the Property, This ,restriction does not apply to small quantities of
Hazardous Substances that are generally recognized ~o be appropriate for the normal use and maintenance of
the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have
been, are, and will remain in full compliance with any applicable Environmental Law.
C. Mortgagor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs
on, under or about the Property or there is a violation of any Environmental Law concerning the Property, In
such an event, Mortgagor will take all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any
pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any
Hazardous Substance or the violation of any Environmental law.
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"hazardous waste," "hazardous ~'§;~tance," or "regulated substance"
17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or
public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or
claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a
condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and
will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any
prior mortgage, deed of trust, security agreement or other lien document.
18. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the
Property. Mortgagor will maintain this insurance in the amounts lender requires. This insurance will last until the
Property is released from this Security Instrument. What lender requires pursuant to the preceding two sentences
can change during the term of the Secured Debts, Mortgagor may choose the insurance company, subject to
Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a
standard "mortgage clause" and, where applicable, "loss payee clause."
Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will
be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires
the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to
the extent of the Secured Debts,
Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the
Property insured Lender may obtain insurance to protect Lender's interest in the Property, This insurance may
include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor
would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the
insurance.
19. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and
insurance in escrow.
20. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor
does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and
Mortgagor does not agree to be personally liable on the Secured Debts, If this Security Instrument secures a
guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from
bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may
include, but are not limited to, any anti-deficiency or one-action laws,
21. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating
to the Property.
22. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, except to the extent
otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America.
23. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security
Instrument are independent of the obligations of any other Mortgagor. lender may sue each Mortgagor individually
or together with any other Mortgagor. lender may release any part of the Property and Mortgagor will still be
obligated under this Security Instrument for the remaining Property. The duties and benefits of this Security
Instrument will bind and benefit the successors and assigns of lender and Mortgagor.
24. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified
by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing
and executed by Mortgagor and Lender. This Security Instrument and any other documents relating to the Secured
Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is
unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be
enforceable.
25. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
section headings are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument.
26. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's
address listed in the DATE AND PARTIES section, or to any other address designated in writing, Notice to one
Mortgagor will be deemed to be notice to all Mortgagors, Mortgagor will inform Lender in writing of any change in
Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial
statements or information Lender requests. All financial statements and information Mortgagor gives Lender will
CAROL ROBERTS AND CAROL N. ROBERTS, TRUSTEE OF THE CAROL N. ROBERTS TRUST DATED JANUARY 10, 1998
Wyoming Mortgaga
WY/4brandiem00836500004670022052705Y 01996 Bankers Systems, Inc., St. Cloud, MN ~
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be correct' and complete, Mortg&ýor agrees to pay all expenses, charge 'and taxes in connection with the
preparation and recording of this Security Instrument. Mortgagor agrees to sign, deliver, and file any additional
documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's
obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor
agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof, Time is of
the essence.
SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument,
Mortgagor also acknowledges receipt of a copy of this Security Instrument.
MORTGAGOR:
CAROL ROBERTS AND CAROL N. ROBERTS, TRUSTEE OF THE CAROL N, ROBERTS TRUST DATED
JANU~10'(11o/8) /} ~I
B t1Jol" ì<'¿Þ~ ~ ( (11/JI.ð{ ~iYJuUZi.U
CAR -ROBERTS, TRUSTEE
LENDER:
First National Bank - West
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Ron Thomas, Afton Branch President
ACKNOWLEDGMENT.
(Business or Entity)
. ,
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This instrument was acknowledged before me this .J- 3 ~ day of ~/
CAROL ROBERTS as TRUSTEE of CAROL ROBERTS AND CAROL N. ROBER S, TRUSTEE
ROBERTS TRUST DATED JANUARY 10, 1998.
My commission expires: ~ ~ (_ ¿ ~ ~__ I
(Notary Public)
:J.ot:?..:::i"' by
OF THE CAROL N.
RON THOMAS eN olary Public
County of Slate of
Lincoln Wyoming
My Commission expires June II, 20011
(Lender Acknowledgment)
5J;,1¿ OF Jvý().r>7/I1/ , COJ,/";""ty OF ,L)/Vco-Þ
This instrument was acknowle~ed before me,1his J- 3 ~,:/ day of
Ron Thomas as Afton Branch President of First National Bank - West.
My commission expires: /-:1 ?-v'ff
ROGER J. COLES. NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES JANUARY 29, 2008
ss.
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by
CAROL ROBERTS AND CAROL N. ROBERTS. TRUSTEE OF THE CAROL N. ROBERTS TRUST DATED JANUARY 10. 1998
Wyoming Mortgaga
WY/4brandiem00836500004670022052705Y c1996 Bankers Systems. Inc.. St. Cloud, MN ~
Initials~
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ALTA COMMITMENT ~ 1982 - wy
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Commitment No.: FA 13125 M
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SCHEDULE C
The land refened to in this commitment is situated in tlie State of Wyoming, County of Lincoln, and is described as
follows:
A portion of the NE%NE~ of Sèëtion 24/ T32N Rl19W of the 6th P.M.,
Lincoln County, Wyoming, more particularly described as follows:
BEGINNING at a point S 0°06' E, '893.18 feet and S 89°54/ W/ 50 feet from
the Northeast corner of said Secçion 24, said point being located on the
West right of way line of Highway u.s. 89 North and running S OQ06' E,
along said right of way line, 133.77 feet;
thence S 89°49/ W, 477.80 feet;
thence N 0°06' W, 134.47 feet;
thence N 89°54' E, 477.80 feet to the POINT OF BEGINNING.
ALSO
All lands lying East of that tr~ct of record in Book 130PR on page 286
of Lincoln County public records' and West of the East boundary line of
said NEXNE~ of Section 24, T32N R119W of the 6th P.M., Lincoln County,
Wyoming.
LESS AND·EXCEPT any land contain ,in Quit Claim Deed recorded January 11/
1994 in Book 344PR on page 21 of the records of the Lincoln County
Clerk.
11/91