HomeMy WebLinkAbout916006
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RECORDATION REQUESTED BY:
FIRST NATIONAL BANK - WEST
Alpine
100 Greys River Rd.
P.O, Box 3110
Alpine, WY 83128
RECEIVED 2/15/2006 at 12:50 PM
RECEIVING # 916006
BOOK: 612 PAGE: 377
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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WHEN RECORDED .MA4~TQ: ':A1Hj':"'i'n,~'; 01 ~;'IÇ:'~¡ ,);:,.,;, ,',,~-;-:~.------- ------ ---- ----;-~-' _--;-__________
FIRST NATIONAL BANK ~.WJ:ST- '''~''.'-j: ". ,i, "Ui"J;;,,_':'f'.'·::· ",!... ¡ :.' " "::i;l!r" . :.) IIJ'.W" Jl':l"I" ;),::: ,.,,: .,~.~ ... ': I',
Alpine "01 -",:-:--.~ ~:"1-'.y: ;':~-."·;:·,i;'\~':!.''':'!= î'"J~ ;.,... "\: "!I "c-,Il.IGUfî?p.¿'I; J.!·;c ~'(;q! ,~~I.:';.J¡:;.!.r¡\ l.-~,!fPení¡-i.ìiif1":t.:" "In\!,
1 00 Greys River Rd. , '. , ,
P.O. Box 3110
Alpine, WY 83128
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SEND TAX NOTICES TO:
FIRST NATIONAL BANK - WESt
Alpine
100 Greys River Rd.
P,O. Box 3110
Alpine, WY 83128
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SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
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MORTGAGE:. .,~~...,. (;i.'.; ··.,1 ~
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MAXIMUM LIEN. The lien of this·Mortgageshall not exceedat"~~~·~.ne time $28,385.00.
THIS MORTGAGE dated February 8, 2006, is made and executed'betiNêen WARREN WEBB and DORETTA WEBB,
whose address is PO BOX 402, THAYNE, WY 83127 (réferre(r;toC\b~low as "Grantor") and FIRST NATIONAL
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BANK - WEST, whose address is 100 Greys River Rd., P.O. .Box 311Q" Alpine, WY 83128 (referred to below as
"lender"). '.' ". ',' ;, . ,"
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GRANT OF MORTGAGE. For valu~blec~nsideration, Gra.r,itor:in.o~gag~s,and ;cpn.veY~' to .Le~der allp(qrantor,'s·right.)itle, 'and interest in and to
the following described real property,~oge,tt1er wit!1ral! ~xist¡l1gorsubseq4e!1tl'úerrC\ed.:or affi~e(b~uildings,,iIJlPr9y,ements and fixtures; all
easements, rights of way, and.appurt!3r\arces;all),IN"tß.r;~, w"terßg,h~slc:vitat~f.cp.ur!>es,' "n~ßitcr .rigNsdinëluc!¡(lg,stO,~~jn,utilities with ditch or
irrigation rights); and all other rights:. royal~ies, ~.nq:p~,ofit!ij· r,el¡¡.!in¡:¡.!o ,t,h.e: real, Rf.gpérty.incll/di~g l ,\'Vithqytbl,i.\!<\itatiRri> ¡¡II, mineral!:!" oil,.. gas,
geothermal and similar matters, (the Real Property) located In LINCOLN County, State of Wyoming:
STAR VALLEY RANqliiþNI1;,.q1, lPT :4,~.;,~I~CQI,.N[GQI)NTY:;,;~XIQ:MI,~G·:cl'U (Ii' .' ':"~l?' .r';¡'!:'!!J':Uí" .'
The Real Propert~ ori!~,:a~.q,r~,~s. j~poryllponly ~nown a!>,:, ~P3,YI$J,A WEST DRIVE, THAYNE, WY 83127. The
Real Property tax Identlfwa,!~o,ru~u,lJ1b~r,ls,.J ~~3q1.~T~0-,':I--Q~;:.Q~.f).()J>.. ¡.' . ;:;, , : I .Y'·'· ." ,;,' ¡ ::Jl;¡ ':; ,_.;
REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including. without limitation, a revolving line of credit, which obligates
lender to make advances to Grantor so.long as Grantor cOl)1plies with all ,the terms ,of. the·Credit Jl,gr,eeJ:T\ent,-r.S¡¡chadvances may be made,
repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time, not Including finance
charges on such balance at a fixed or variable 'rate or sum as provided in' the' Credit· Agreement, 'any temporary overages, other charges, and any
amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided
In the Credit Agreement. It is the Intention of Grantor and lender that this Mortgage secures the balance outstanding under the Credit
Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance.
Grantor presently assigns to lender all of Grantor's right, title, and interest in arid. to afl'þresent arid 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 ASSIGNMENTOF RENTS AND THE SECURity INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF: THE INDEBTEDNESS AND (B) P-ERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND
OBLIGATIONS UNDER THE CREDIT AGREEMENT. THE. RELATED DOCUMENTS, AND ,THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOllOWING TERMS:
PAYMENT AND PERFORMANCE; Except as' otherwise provided in this Mortgage, Grantor shall pay to lender all amounts secured by this
Mortgage as they become due and shall strictly 'þerforr'!fall òf Grantor'soo1igatiôns: LiridiÚ')fiís' 'Mórtgage. " ¡, '; "'¡'L' .
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POSSESSION AND MAINTENANC:E. OF ;n¡i;p¡ROPERTY. ~ Gr~ntc¡r agrees that Gr!lnt(),r;~.pos.$·e~si9n ;and use of theProÍ;>erty shall be governed by
the following provisions: ,¡ !:~.: '."_'::·\<'i:"~ Î_ ; ~ .. :;;- ;' ..<·:I~<., .:,:.~. r~.~·;'·· ".i:\I~"" ¡'--'~;i':"·; .'-:. ..! ,..,,' -'1 -·I!,<:·;!'~:,t.:.- ~.!. ;~'.:-í~'" ,
Possession and Use. Until th~ occurrenc~.of .an Event pf, De,fault, Gra,:tor,lTIay. (1) remain in possession and control of the Property; (2)
use, operate or manage the, ~r?,pert~; ~Pd,J3); ..c~!I,~~t, t~e, Be,"!!s !!~m ~~~ fro~~r.tr'... ,'", ¡.; ;. D U11'..';' .!.!-'.; d t,:' N\I.. u.. :' ,
Duty, to Maintain. ßrantor .shall maiNainthe ~~opertYi¡n.. gpo,a ¡¡Qr~i1iQn and.pror:nptly,perform all repairs, replacements, and maintenance
necessary to preserve its vålue. .... '-' I ". ..., '. .... . "". .... "'. "",-'
Compliance With E~vir~n~e'rÙaf;La~~;:}, g'r~'nt67 Wp'r;s~~i~~~'~d W~r~~~:t~ ç'~ þ~tÌ,~'/.'th~~·:~ W)~:, rJu?ïAg',~tí~í!)~~!;l6J ~Of, Grantor's ownership of
the Property, there has been ;no use"generati0'1, 'lTJ~nuf~ctl¡re,; s~orage; tréé!\r;pent, ßispp!!al, releé!:;e ,qr)hreate.r&ed ',re,lease,of any Hazardou$
Substance by any person on" under ,abpli! or, ,from, the. p;roperty;;.. (2) _, C3r~!'tQ.r¡ ,ry.as, ':10 ,I<nowl~dg~: pf,: ojJeaso[1. ~o· believe that there has,
been. except as previously disclosed to 'and a~klJo~ledged by . lender in writing, ,,(a)' . any breach. o~ vi~lation. of any Environmental laws,
(b) any use, generation, manufacture, storag,e, freatment, di~posal, release or, threatened.reh~ase of any I-j~~ardous Substance on, under,
about or from the Property by any prior owners oroccupànts of· the' Property, or Ic) any actual or threatened· litigation or claims of any
kind by any person relating to suc;hmartèr$; and. (3) 'Excep.t';as~prevjol,J$ly' d.isclQsedto andacknòwledged,þy l~nder in writing, (a) neither
Grantor nor any tenant. contractor,age.nt or qther authorizeq user;o(theF'roperty shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on; under, about or from the, Property; and" (b)' 'a'ny' such activity shall be 'conductedin compliance
with all applicable federal, state, and local laws, regulations ànrj ordinances,including withQut limitation all Environmental laws. Grantor
authorizes lender and its agents to enter. upon the Property tOlTJake ,sucl;1 inspections CIne! tests, at Grantor'.s expense, as lender may deem
appropriate to determine compliance of the Property with this'sëction of'thé' 'Mod:gage: Any inspections 'o'r tests m.ade by Lender shall be
for lender's purposes only and shall not be construed .to create any responsibility or liability. Qn the' partof lender to Grantor or to any other
person. The representations arid warranties contained herein àre.ba~ed on Grantor's due diligence in)nvestigating .the Pròpertyfor
Hazardous Substances. Grantor hereby (1) re.lE!ases anp wfli,ye~ ~Ì)y ~ture cIairns again~t l~nperfò.r if")~emnity or contribution in the
event Grantor becomes liable for cleanup .or other costs under any such law~; and (2) agrees to indemnify and hold harmless lender
against any and all claims, losses,liabilities, damages, . penalties,' ¡¡'rid .expenses whíctllender may directly or indirectly sustain or suffer
resulting from a breach of thiSl¡ection, of ,the Mortgage or as.a co,"!.sequence .of ¡my, use,: gener.ati9n( [TIanufflctlJrei,~toraQe, disposal, release
or threatened release occurring prior.to·Grantor'.s o~n,ership,or intl1rest in the' Property, whether or not the same W¡:lS or should have been
known to Grantor. The provisions ~(this 'section of the Mortgage,including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyanee of the lien of 'this Mortgage' and shall not be affected· by t.ender's 'acquisition of any
interest in the Property, whether by foreclosure or otherwise; .. . ._'.' . . '. '.', . .' . ,. ,
Nuisance. Waste. Grantor shâll not cause, conduct 'ç¡r permit ¡¡n.y nuisan«:=e nor commit, p~rrT1it:~.r suffer, any strip~'in'g of or waste on or to
the Property or any portion of the Prope(ty. Without limiting the gener~lity of the foregoing. Grantor will nqt remove, or grant to any other
party the right to remove, any timber, minerals (including oil an~ "gas), coal, c(av, scoria, :soil. ,gra~ei or ròc;k pr.odL¡cts,w¡Üioùtlender's prior
written consent.
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Removal of Improvements. Grantor shall not demolish or remove any. Improvements fro.m the Real. Property without .lender's prior written
c.onsent, As a condition tQ..th~. removal of any ImprovelT!el1t$" lender may require Grantor,to make 'i!r'rangements satisfactory to lender to
repla'è~ such'lmproVemln~s'i3~'lmprovemen~s of at least equ~1 value, . ,'.. " .... .. .'. '. ..,.. . . ,.' ,..'
lender; s Right t~ ì:nt~r: le~der ~ndLeri~e~'s 'agentsand rép':esent:ati~~s maY~nter. upon' thë'Re'~1 P¡o:p~rty .~t aÍl r~ås·bnab¡ë. till1es to attend
to lender'sinterests andt~ in~'peçi the' Real Property tor purpòsEi"s of.Gr~ntor's compj¡a~pewith the terms 'alid ~Q~~iil(JnS of this Mortga~ge... '
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Loan No: 764003400
ü31Sü06
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MORTGAGE
(Continued,)
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Compliance with Governmental Requirements, Grantar shall pramptly camply with all laws,' ordinances; and regulations, naw ar hereafter
in effect, af all gavernmental autharities' applicable to. the use or accupancy at" the Praperty" mantor may c6nte~t in gaod faith any such
law, ordinance, or regulatiah and withhald compliance during any proceeding, including appropriate'appeals, so. long as Grantor has notified
lender in writing priar to doing so and SQ long liS, in lender's sole opinion,. le'nder's interests in the Property. ar,e not jeopardized, lender
may require Grantar to past adequate security or a surety bond,.reasOn¡l~ly satísfactory to ~eii!1er, to.p¡ote~t lend~r's inter,est.
Duty to Pretect. Grantor agrees neither to abandon or ¡eaVe unattended the·PrQpèrty.· Grantor shall 'do all otheràcts, in additian to. thase
acts set forth abave in this sectian, whièh from the charac,ter and use af the Praperty are reasonably necessary to. pretect and preserve the
Property, . . . .
DUE ON SALE - CONSENT BY lENDER. lender may, at Lender's aptian: deClare immediately due'ànd payablir airsuin~ secured by this
Martgage upon the sale or transfer, with'outlende'r's prior written c~nsènt, of all ar any part of the. Real Property, or any interest in the Real
Property. A "sale or transfer" means, the conyeyanceof Real, Property. or any right, title or interest in the Real Property; .whether legal, beneficial
or equitable; whether voluntary. or involuntary; whether by autright sa!e, , deed, . installment sale contraét, .Iand contract,' contract for deed,
leasehald interest with a term greater than three (3) years', lease-option éantract, or by sale, "'assignment, ar transfer af an'y beneficial interest in
or to any land trust holding title to. the Real Praperty, or by any other methad of conveyance of an interest in the Real Property. However, this
optian shall not be exercised by lender if such exercise is prohibited by federal law or by Wyoming law,
TAXES AND LIENS. The fallowing provisians relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantar shall pay when due (and in all events prior to' delinquency) all taxes, payroll tax'es, special taxes, assessments, water
charges and sewer service charges levied against or an accaunt o.f the Praperty, and shall pay when due all claims for wark dane an ar far
services rendered ar material furnished to. the Property. Grantor shall maintain the Property free of any liens having priarity aver ar equal to.
the interest of lender under this Mortgagè, except fer the Existing Indebtedness referred to. in this Mortgage or these liens specifically
agreed to. in writing by Lender, and exçept fer the lien of taxes and assessments not due as further specified in the Right to. Cantest
paragraph. '. .'
Right to. Centest. Granter may withhold payment af any tax, assessment, ar claim in. connectien with. a goed. faith dispute ever the
abligatien to pay, so long as lender's interest in the Pro'perty is. not jeepardized. If a lien arises or is filed as ,a result ef nanpayment,
Grantor shall within fifteen (15) days after the Hen arises or; if a lien is filed, within fifteen (15) days after Granter has netice of the filing,
secure the discharge of the Ii,en, or if requested by lender, deposit,with le'1der cash er a sufficient çorperatesurety bond or other security
satisfactory to. lender in an amount suffiçient tQ discharge the lien' plus any c9sts and reasonable attorneys' fee:;;, or ether charges that
cauld accrue as a result ef á forec.losure or sale, under the lien. .In/mY èentest, Grantor shall defend. itself andLenderand shall satisfy any
adverse judgment befere enferceme'nt' against thePraperty. Granter shall ,name lender as an additional 'ebligee Under any surety bend
furnished in the contest proceedings. . ,.." .' "..,'"
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Evidence ef Payment. Granter shall upen demand furnish to. lender 'satisfaètery evidence of paymentofthè taxes er assessments and shall
autharize the appropriate gavernmental ófficial to. deliver to. lender· at any time ¡j written statement of the taxes and assessments against
the Property.,. ' !
Notice of Censtruction. Grantar shall natify l~nder at least fï'ftE!en(1 ~)days befare any work iscomtneiìced:anY.selvices are furnished, or
any materials are supplied to. the Property, .if any mechanic's lien, materialmen's lien, or other lien could. be asser~ed, an accaunt af the
wark, services, or materials. Grantor will upon request of lender furnish to. lender advance assurancessatisfactery to. lender that Grantor
can and will pay the cast of such impravements. ',. .
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PROPERTY DAMAGE INSURANCE. The following provisions relating ,tp, ins,u~if1gthe Property are apart of this Mortgage:
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Maintenance ef Insurance, Grantar shallprecure and maintain palicìes of firØ insurance. ÌlVi~h standiud extèlÌdßdtaverage' endersements en
a replacement basis far the full insurable value covering all Improvements on the Real Property in an amoÚnt sufficientta avaid applicatian
of any cainsurance clause,andwith a standard mortgagee clause in favarof Lender. Policies shall be written by. .sùchinsurance companies
and in such farm as may be reasonably' acce'ptable to. len,der. Grantarshall deliver ta'lendercertificates af,coveragefrom each insurer
containing a stipulatian that caverage' will'nat be ca'ncelled or diminished without a minimum of thirty. (30) days' priar' written notice to.
lender and net containing any disclaimer of the insurer's liability farfailùre to give such .natice, ,Each insurance policy .alsoshall include an
endor~ement praviding that coverage in favor af lender will not· be impaired in any way by'any 'act, .amissiohardèfault afGranter ar any
other persan. Shauld the ~eal Property bí!loGated in an area p~signated bnhe Direc.tar :of theF1!der,aJ(Emergel)cy Management Agency as
a special flead hazard area, Granterågrees to obtain and maintain Federal Flaod Insurance, ifava~able;fOrthe maximum ameunt af yaur
credit line and the full unpaid principal balance of any priar liens on the property securing the' loan,' up' to the maxÌl"ùm policy limits set
under the National Flaad Insurance Program,or as otherwise required by lender, and to maintain such insiJrancefor the term af the laan.
Appllcatien of Proceeds. . Gra:ntor~hall promptly 'natifylender 'of any lass or . dam~g~to the Propeit~.ii the. ~stimä~e~cest af repair ar
replacement exceeds $1,000.00, lend!!r may make praaf Qflass if Granw fails ,to do. so vvithi'1fifteen (15) d<\ys of 'the 'c¡¡'sualty, Whether
or nat lender's security is impai,red,lendérmay, at lender's election, receive and re'tain the 'þroi:ëëdS of any insurance 'and apply the
proceeds to the reductian ()fthe IridebteçJness, payment of any. lien affecting the' Property, or the restoratian and repair af the Property. If
lender elects to apply thepraceedsta restoration and repair, Grantor shall repair or.replac·e tl\e damaged or destroyed Impravements in a
manner satisfactory to lender. lender. shall, 'upan satisfactary praof af suèh expenditure, pay or reimburse Grantor from the praceeds for
the reasanable cost of repair ar restaratien "it Grantar is nat in default under this Mertgage. Any proceeds which have nat been disbursed
within 180 days after their 'receipt and which L.:ender hasnat committed to. the repair arrestaratienof the Praperty shall be used first to. pay
any amaunt awing to. lender under this Martgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal
balance af the Indebtedness. If lender halds any proceedsaftér payment in full of the Indebtedness, such proceeds shall be paid to Grantar
as Grantar's interests mayappe,ar. . .
Compliance with Existing Indebtedness~ During the 'period in which any Existing Indebtedness described below. is in effect,' cempliance with
the insurance provisians contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance
provisions under this Mortgage, to the extent compliance with the terms of this Martgage would constitute a duplicatian of insurance
requirement. If any proceeds from the insurance became payable an loss, the provisians in this Mortgage .far divisien of proceeds shall
apply only to that partian of the proceeds natpayable to the. halder of the' Existing Indebtedness. '. , .'
LENDER'S EXPENDITURES. If Grantor fails (Ai" to keep'the Property free of all taxes, liens, security i~terésts, encumbrances, and other claims,
(8) to provide any required insurance on the Praperty, (C) to. ma!<e repairs to. the Property ar to comply with any obligation to. maintain Existing
Indebtedness in goad standing a,s required be law, then lender' may do so.. If any actian ar proceeding is .cammenced that would materially
affect lender's interests in the Property, then lender bn Grantar's b('¡half'may;·but is nat required to, take any actian that lender believes to be
apprapriate to pratect lender's interests" All expenses incurred ar paid by lender for such purpases will then, þear interest at the rate charged
under the Credit Agreement fram the date incurred or paid by lender to the date of repaymentby Grantar" All such expenses will became a part
of the Indebtedness and, at lender's aptian, will (A) be payable on demand; (8) be addèd to the balance of the Credit Agreement and be
appartianed amang and be payable with anyinstallment payments to becQme dlje during either " (1), the term af ~ny applicable insurance policy;
or (2) the remaining term o.f the Credit Agreement¡ or (C) 'be treated as' a hallaon payment'which will be'duelll\d payable at the Credit
Agreement's maturity. The Mortgage also will secure payment af theséamounts. The rights pro.v,i,ged-far in this paragraph shall be in additian
to any other rights ar any remedies to whicn lender may be entitled an accaunt of any defa'u!t. '. Any such . actian by lender shall nat be
canstrued as curing the default so. as to. bar lender from any remedy that it atherwise wauld ~ave had,;:.
WARRANTY; DEFENSE OF TITLE. Tþe ~allawing provisions relating to, a~nership of the Prope'rtyáre âp¡¡rt ~fthis Martgage: .
Title. Grantar warrants that: (a) Grantar helds gaod ançJ marketable title of recard to the Property in .fee simple, free and clear of all liens
and encumbrances other than those set forth' in the Real Property description or in ttièExìstinglndebtednes~sectianbelaw or in any title
insurance palicy, title repart, or final title apinian issued ih favar af, and aC'cepted by; Lender in cannectian with this'Martgage, and (b)
Grantar has the full right, power, and authority to. execUte and deliver this Mortgage to Lender., .. ," .
Defense of Title. Subject to. the ~XCE!Pt¡q~ in the paragr~phal;Ja~e,Grantor warrants and'winfo~~:Îte;d~ieåd1~.e,titi~tþ.t~e;property against
the lawful claims of all persons. In the event anyactian Or proceeding is corpmenced thaJ questions Grant9r's titlear the)r,¡terl[!st of lender
under this Mortgage, Grantor shall defend; the actian at GrantQr's expense. Grantar may be the nominal,parw' in'.such proceeding, but
lender shall be entitled to., participate in the prQceeding and to. be. represented in the praces'ding bycoun':;elof Lender's own chaice, and
Grantar will deliver, or cause to. be delivered, tò lender such. instruments a& lende'r may request from 'time to time, to permit such
participatian. . . .. '" ',,' .. ..,.
Compliance With laws, Grantar warrants that,the Property and Grantar's 'use a,f the Property complies with all e~isting applicable laws,
ordinances, and regulations of gavernmental authorities.'
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Loan No: 764003400
,; 'll~..q Co"~O' C'
,J<..Jl.A.'O . U
M'ORTGAGE,
(Continued),
Survival of Promises. All promises, agreements, and statements Grantor has mad/! in this Mortgage shall survive the execution and delivery
of this Mortgage, shall be continuing in nature and shall·remain in full fo~ce ilnd affect until such time as (,1rantor'slndebtedness is paid in
full. ' . . ,. . .
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EXISTING INDEBTEDNESS. The following provi'sionsconcernin'gExlsting Indebtedn:ess'are a part of this Mortgage:, . "
Existing Lien. The lien of this Mortg'age se6uring tHe Indebtedness ':m'a'yba secondary and inferior to the fian sacuring ; paym"ent of an
existing obligation to COUNTRYWIDE HOME LOANS, INC.' The 'existing obligat10nha's a currantþrincipal balance of approximately
$96,331,00 and is in the original principal amount of$1 00,000,00. The obligation has'the follo~ing' payment terms: $185 :00 per Month,
Grantor expressly covenants and agrees to på.y," or see ,to"'the piiyment at; the' Exis.ting' Indebtedness and to prevent any default on such
indebtedness, any default under" the instruments evidenCing s'uch indebtedness, or' any default under any security documents for such
indebtedness. . ,"
No Modification. Grantor shall nOt enter into any ~g'reément with the holdelof 'any mortgage, deed of trust, or other secUrity agreement
which has priority over this Mortg'age by which"tlht agreement is modified;'ame'nded, extended, or renewed without the prior written
consent of lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior
written consent of lender;
CONDEMNATION. The following pròvision~ relating to condemnation proceeding~'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 may be the nominal partyin such proceeding, but
lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its öwn choice, and Grantor
will deliver or cause to be 'delivered to 'lender' such histruments and'documentation 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 condem~ed by eminent'd'omåin 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 ï11ean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by lender in connection with the condemnation. .
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL ÄUTHO~ITlES. The following þrovision~ reli:lting 'to governmental taxes,
fees and charges are a part of this Mortgage:' . '.
Current Taxes, Fees and Charges. Upon reques,t by lender, Grantor shall ~~ecute such documents in addition to, this Mortgage and take
whatever other action is requested by lender to perfect and co"ntinue lender's lien on the Real Property. Granto(shall reimburse lender for
all taxes, as described below, together with all eXpe!lSeS incurred in recording, 'perfecting or continuing this Mortgage, including without
limitation all taxes, fees, docul11entår,Ý st.ao;¡ps, .andother charges .for recor<;lingor'registering this, tv1o~t~åge....'·· '.
Taxes. The following shall constitute taxes to which this section applies: (lIaspecific tax upon this type of Mortgage or upon all or any
part of the Indebtedness secured by this Mortgage; (2)'a specific tax on Granto( which Grantor is authorized Qr required to deduct from
payments on the Indebtedness secured by this type of Mortgage; . (3) a tax '01'1 this type of Mortgage chargeable against the lender or the
holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments ot principal and interest
made by Grantor.
Subsequent Taxes. If any tax to which this section applie~is:~{ii¡cted$Ùb~equent to the date oHhis Mo-~tgáge; ,thiseìtent shall have the
same effect as an Event of Default, and lender may exercise.a.ny 9r. ¡¡II pf its ,!vailable remedies for an Event of Default' as provided below
unless Grantor either (1) pays the tax betore it becomes'definquerit;'or (2) contests the tax as prolÌideq above in the Taxes and Liens
section and deposits with lender cash or a sufficient corporate surety bond Or other security satisfàctOry to lender,
SECURITY AGREEMENT; FINANCING STATEMENTS., 'The following provisions relating to this· Mortgage asa·security agreement are a part of
this Mortgage: . , " '-, I '-,. ,,~i..,. ;.. :.. " " '
Security Agreement. This. instrument shail constitute a Security Agreement to the extent any of thePrdpertyconstitutes fixtures, and
lender shall have all of the rights of a secured þartyunder theUnifórm Commercial C?de as amende'd from time t~ time. ,
Security Interest. Upon request byténder, Grantor shall take whatever action is requ-ested byLend~r to perfect and cohtihue Lender's
security interest in the Personal Property.lnadditiori to reGording this tv10rtgagé in the real propertyredids, Leridérmay;at any-tirÍ1e and
without further authorization from Grantor, file executed counterparts, copitis or reproductions of this Mortgàge as'afinan'cing statement.
Grantor shall reimburse lender for all expenses incurred i[1 perfecting or continuing this security interest, Upon defàult, Grantor shall not
remove, sever or detach the Personal Property from the Property. Upon âefault, Grantor shall 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 available to lender within three (3)
days after receipt of written demand from lender ~o 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, Grantor. '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 suchtirries and in such offices and places as lender may deem appropríate, any and'all such mortgages,
deeds of trust, security deeds, security agreements, financirig statements, continuation statements, instruments of further assurance,
certificates, and other documents as rriay, in the sole opinion of lender, be riecessary or desirable in orderto effectuate, complete, perfect,
continue, or preserve (1)" Grantor's 'obligations under the Greçlit 'Agreement, this Mortgage, and the. Related Documents, and (2) the
liens and security interests created by this Mortgage on the Property, whether 'now owned or hereafter acquired by Grantor, Unless
prohibited by law or lender~.agrees tOJhe contr!lry. inwriting,Grantor shall reimburse. leridec,forall costs and expenses incurred in
connection with the matters referred' to in this parag'raph.. . . .
, . , . ,> . . , ..,. . . ~
Attorney·ln-Fact. If Grantor fails to doariy of the things-r~ferr~d to ¡nthe preceding"paragráph, 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 ali other things as may be necessary or desirable, in lender's, sole
opinion, to accomplish the matters referredtoin the preceding paragraph. .' . . ,
FUll PERFORMANCE. If Grantor pays all the In:debtedness when due, ter~jnates th~credit line acçóunt, and otherwise performs all the
obligations imposed upon Grantor under this Mortgage, lender shall execute and:deliver to Grantor asúitable satisfaction 'of this Mortgage and
suitable statements of termination of any financing statement on file evidericiriglender's security interest in the Rents and the Personal
Property. Grantor will pay, if permitted by áppli~able law, any reasomìble termin~tion fee as determined by lende~ from ti~e .to ti.me,
EVENTS OF DEFAULT. Grantor will be in default under this Mortgage if any Qf~h~ fOllowing ~appen:' (AI Gra.ntor commits fraud or makes a
material misrepresentation at any time in connection' with the Credit'Agreement, This canincluae, 'fo"r. example, a false statement about
Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of
the Credit Agreement. (C) Grantor's action or ina'ction adversely affec'ts: the collateral or lender's rights in the: collateral.' This can include, for
example, failure to maintain required insurance, waste or destructive µse of the dwelling, failure to pay taxes,death òfall persons liable on the
account, transfer of title or sale of the dwelling, creation of a senior 'lien on the dwelling without lender's permission, foreclosure by the holder
of another lien, or the use of funds Or the dwelling forþrohibited purposes.
RIGHTS AND REMEDIES ON DEFAULT. Upoh the'occurrence of an Evèntofbefault and at any time thereafter:but $Ùbjecttoany limitation in
the Credit Agreement or any limitation in this Mortgage, lender, at lender's' option, may"exercise any'on'e or more Of th'e following rights and
remedies, in addition to any other rights or remedies provided by law: ' '. . .
Accelerate Indebtedness, lender shall have the right at its option \I\Iithout notice t.o Grantor tò declarethe'ehtire Indebtedness immediately
due and payable, including any prepaym~ntpenalty whic~ Grantor would be required to pay.,:: , ' .' .; ..>, .'. .', '.,
UCC Remedies. With respect to all Or any part of the.persOriai Property" lender shall have all -the' rights' and' remedièsof' a' secUred party
under the Uniform Commercial Code. ,;,' ' . !' " '" . ,_ ' .
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.Loan No: 764003400
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ioreclosure. whether judicial or non-judicial, and collect the Rents, including amounts past dûe and unpaid, and apply the net proceeds, over
.Bnd 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
Bnd collect the proceeds. Payments by tenants .or other users to Lender in response t9 Lender's demand shall satisfy the obligations for
which the payments are made, whether or not any proper grounds for,the de(TIand existed, lender may exercise its rights under this
subparagraph either in person. by agent. oLthrough 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 :th¡;¡ Property pr~ceding foreclosure or sale. and to collect the Rents from the
Property and apply the proceeds. over and above the cost of the receiver§hip, against the Indebtedness. . The receiver may serve without
.bond if permitted by law. Lender's right to the appointment of a reCeiV8fllhall exist whether or not-the .apparent value of the Property
-exceedll the Indebtednells by a substantial amount. Employment by lender IIhall not dillqualify a perllon from lIervingas a receiver.
.Judicial ForeclDsure. Lender may obtain a judicial decree foreclolling Grantor'lI interellt in all or any part of the Property.
NDnjudicial Sale. Lender may foreclose Grantor's interest in all or in any part of the Property by non-judicial sale, and IIpecifically by "power
.of lIale" or "advertillement and lIale" 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. 1f..Grantor remainsin 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 Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall. at Lender's option, either (1) pay & reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of lender.
Dther Remedies. Lender shall haye all .other rights aM remedies provided in this Mortgage or the Credit Agr~ement or available at law or in
squity.
Sale of the Property. To the extent perr:oitted by applicable law. Grantor hereby waives any and 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 Property together, or separately, in one sale or by
separate sales. Lender shall be entitled to bid: at any public sale on all or any portion of the Property.
Notice of Sale. Lender will 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. All of Lender's' 'rights " ånd remedies will be' cumulative :and may be exercised alone or' together. An election by
lender to choose anyone remedy will not bar Lender from using any Other remedy, If Lender decides to spend money or to perform any of
Grantor's obligations under this Mortgage. after Grantor's failure to do so. that decision by Lender will not affect Lender's right to declare
Grantor in default and to exercise lender'sremedies.
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 attprh~v~' fee~ at trial and upon any appeal. Whether or not any court action is
involved. and to the extent not prohibited by law. all reasonable exp,enseslender incurs that in Lender's opinion,are necessary at any time
for the protection of its interest or the enforcement of its righfs 'shilli' become a part of the Indebtedness payable on demand and shall bear
interest at the Credit Agreement 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. lE!nder's reasonable attorneys' fe.esand Lender's legal expenses whether or
not there is a lawsuit, including ,reasonablE! attorn¡~ys' .1ees after 'default arid referral to 1In .attorney '¡'ottBndér'ssal.aried employee and
expenses for bankruptcy proceedings linclüding ,efforts to modify or vacate, i:\ny automatic.stay o.r injuncti.on); appeåls.and any anticipated
post-judgment collection services, the cost of searcl)ing records. qbtaining title reports (including,Joreclosure reports). surveyors' reports,
.and appraisal fees and title insurançe. to t~e extent permitted by. applicé\b!~ 'law. Grantor also. will pay any ·cÒurt.cosfs, ,in addition to all
other sums provided by law..' , . , ....
NOTICES. Any notice required to b~ given und~r this Mortgage, including without limitation any notice of default and any notice of sale shall be
given in writing, and shall be effective vyhen actual,ly delivered, when actually received by "telefacsimilelunless othervvise r~quired by law). when
deposited with a nationally recognized overnight courier. or, if mailed, when deposited .in the Un"ïted States,nail. as, first class. certified or
registered mail postage prepaid. directed to the addresses shown near the beginning .of this Mortgage, All copiesòf ,noticesòf foreclosure from
the holder of any lien which has priority over this Mortgage shall be .sent to Lender's address, as shown neat the beginning of this Mortgage.
Any person may change his or her address for notices under this Mo'rtgage by giving formal written notice "to the other' person or persons,
specifying that the purpose of the notice is to change the person'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, It will be Grantor's responsibility.1o tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are.a part of this Mortgage:
Amendments. What is written in this Mortgage .and in the Related Documents is Grantor's entire -agreement with lender concerning the
matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by
whoever will be bound or. obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for' convenience purposes 'only and arè not to be used to interpret or define the
provillions of this Mortgage. .
Governing taw. This Mortgage will be g'ov'erned by federal law applicable to lender and. to the extent not preempted by federal law. "the
laws af the State af Wyoming iNithout regard to its conflicts of Jaw provisions. This Mortgage hils been accepted by lender in the State Df
Wyoming.'
Chaice of Venue. If there isa lawsuit. Grantor agrees upon Lender's request to submit to·1he jurisdiction 'of the courts of linco.ln County,
State of Wyoming.
Joint and Several liability. . All oblig~iions of Grantor under this Mortgage shall be joint ~~d s~ver~l.· and all references to Grantor shall mean
each and every GrantoL This means that each Grantor signing:below is resp~nsible for all obligations inthis Mortgage.
No Waiver by Lender. Grantor understands Lender w"¡¡l.notgive up any 'of Lender's rights under this Mortgage unlesll lender does so in
writing. The fact that Lender delays or omits to exercise any right 'will not mean that Lender tias given up that right. If lender does agree
in writing to give up one of Lender's rights,that does not mean Grantor will (\ot have to comply with the other provisions of this Mortgage.
Grantor .also understands that if Lender does consent to a request, that'does not mean that Grantor will not have to get Lender's consent
.again if the situation happens again. Granto(further understands that just because Lender consents to one or more of Grantor's requests,
that do.es not mean Lender will be required to consent to any of Grantor's future requests. Grantlj)r waivell presentment, demand for
payment. protest, and notice of dishonor. Grantor waives all rights of exemption from execution or similar law .in the Property, and Grantor
agrees "that the rights of lender, in the Property under this Mortgage are prior to Grantor's, rights while this Mortgage remains in effect.
Severability. If a court finds that any provision of this Mortgage is· not valid or should not be enforced. that fact by' itself will not mean that
the rest Df this Mortgage will not be' valid or enforced. Therefore, a court will enforce the'rest of the provisions of this Mortgage even if a
provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest pr estate, ,in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of lender.
Successors and Assigns. Subject to any limitations stated in ,this Mortgage .on transfer 'of Granto'r'sinterest~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 reference to this Mortgage. and the Indebtedness
by way of forbearance or extension w¡:thout releasing Gramor from the obligations of this Mortgage or liability under the Indebtedness.
Time is af 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 'ofthe homestead exemPtion laws of the State
of Wyoming as to all Indebtedness secured by this Mongaga. ' . . .
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Loan No: 764003400
DEFINITIONS. The following words shall have the 'follòwing meaning.s when' used in this Mortg~ge: '. . ,
Borrower. The word "Borrower" meim!! WAFlREN WEBB 'arid rjoRETTAWEBB and incl~deÅ¡ all ¿o-sigrier~ and c"o:m~kers signing the Credit,
Agreement and all their successors and assigns. ." . ~. '. , .
. ,... ." .' .
Credit Agreement. The words "Credit Agreement" mean the credit agreement dated February' 8, 2'006; with credit limit of
$28,385.00 from Grantor to Lender, together with all re·newals.oCextensions·of, modifications of, refinancings: of, consolidations of,
and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE CREDIT AGREEMENT .CONTAINS A VARIABLE
INTEREST RATE. . .
. - ~
Environmental Laws. The words "Envirónmèntal Laws" h,~an 'any'~nd~'å1i state,f¡¡deral ·a~dlo.Cal statiJtès;'regUlatíÒns a'nd ordinances
relating to the protection of human health or the environment; including with'out limitation the ècimprehenslvè Environmental Response,
Compensation, and Liability Act of 1980,as' amended, 42 U,S.C. Section ·9601-, et seq. ("CERCLA "I, the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARAM), the Hazardous Materials TranSP()rtatiol} Act,49U.S.C. ,SectiQ.n 1801.. et seq.,
the Resource Conservation and Recovery Act, 4-2 U.S.C. Section 6901; et seq., or' other applicable state or 'fe'derallaws, 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.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness des"cribed in the Existing Liens provision of this
Mortgage.
Grantor. The word "Grantor" meims WARREN WEBB and DORETTA- WEBB.
Hazardous Substances. The words "Hazardous ·Substances" mean materials that: 'because of their qu~ntity, conte"ntratiön or physical,
chemical or infectious characteristics, may 'caùseor pose a present Or potential hàzard 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 include without lim,itation any and .all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws, The term "Hazardous Substances" also includes, without limitation, petroleum
and petroleum by-¡>roductsQr any fraction thereof an~ as?6stoS. .. ..
.' . ~ '. I . .' ,
Improvements, The word "'l11provement:s" ,means. all existing and fuwre improv~mentsJ.buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Próperty;' . '.
Indebtedness. The word "Indeb~eqness~ means all principal, interest, and other amounts, costs .and expenses payable under the Credit
Agreement or Related Documehts,.together With all. renewals of, extensions of, modifications of, consolidations of and substitutions for the
Credit Agreement or Related DoCuments and any.amounts expended or advanced by Lender to discharge Grantor's obligations or expenses
incurred by Lender to enforce Grantor'.sobligations under this Mortgage, together with interest on sUCh. amounts as próvided in this
Mortgage. . ,
Lender. The word "Lender" means FIRSTNATIONAL BANK - .WEST, its s.uccessors and assigns. The words "succèssors or assigns" mean
any person or company that acquires any ·interest in the Credit Agreement.
Mortgage. The word "Mortgage" means. this Mortgage between Grantor and' Lender. .
Personal Property. The words "Personal Property" mean all eq·4ipm~flt,. fi?itures, and other articles of p'ersonalproperty now or hereafter
owned by Grantor, and now or hereaftera~tached or affixe~ to. ,t,he Re.al. Property; together with all accessions, parts; and additions to, all
replacements of, and all substitutions for, ahy Of such pro'perty;' im¿r-togetlier with all proceeds (inclüdinglivithout limitation all insurance
proceeds and refunds of premiums) from'any sale or other disposition of the Property"
Property. The word "Property" meansàjlfectively the Real Propérty and the Personal Prdpetty.
Real Property. The words "Real Prðperty'" mean the real property; ÎntereStÅ¡and rights. as further,déstdbecfij'j)'this 'Mdrtg~ge.
Related Documents, The words "Related Documents" mean all promissory notes, credit agreements, loan agreeménts. environmental
agreements, guaranties, security agréements~ mortgages, deeds"of trust, security deeds, ~o¡laterar mortgages; and' all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with thelndebtedhess; '" , ; .
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Rents. The word "Rents" means all present and future rents, revenues, Income, Issues; royalties, profits, arid other benefits derivedrrom
the Property. . . .' .
. ,"
. ,,' . ..
EACH GRANTOR ACKNOWLEDGES HAVING READ :AlL 'THE PROVISIONS OFTHISÍVlÒR'rÒAGi:;' AND EAC~GRANTÒR AGREES TO ITS
TERMS. . .' . ' '.1 . . -. ,-, .
GRANTOR:
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DtlRETTA WEBB
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WARREN WEBB
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INDIVIDUAL AÇì<NOWLEDGMËNT
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On this day before me, the undèisisned:Notary Publië, personally appeared WARREN WEBB and PORETT Ä WEBB, to me known to be the
individuals described in and who executeqthe Mortgage, and acknowledged that they signed the Mcirtgage as their free and voluntary act and
deed, for the uses and purposes therein mentIoned. ',,:-.(...1 '/. . ..... . '. ....
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