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Home My WebLink About916027 .·.;I~'¡~¡¡!1!:lè~ ..'., :~:¡'.,',.',", ,.,'.... ;.:", . ---,._--,----- .\ ··.·,·."\'.:.:.:1:·;·;·.< :.. ,",", ~'¡';';; ~",. ': ;, "10';" .' ·:'>:¡~·;';'Ì';,r':' ,~..:'.,::. ,;,.;o;:'J.:. RECEIVED 2/16/2006 at 10:13AM RECEIVING # 916027 BOOK: 612 PAGE: 440 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY C00440 (¡J MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that RIVER BEND MEADOWS, LLC, a Wyoming Limited Liability Company, as "Mortgagor", 190 Newport Center Drive # 100, Newport Beach, California 92660, hereby mortgages to ROLAND MAX STEADMAN and DOROTHY L. STEADMAN, as "Mortgagees, P.O. Box 905, Thayne, Wyoming 83127, the following described real property, situated in the County of Lincoln, State of Wyoming: The Northeast Quarter (NE1/4) of Section 10, Township 34 North, Range 119 West, of the 6th P.M., Lincoln County, Wyoming. Excepting therefrom Deer Run 2nd Filing, according to that plat filed July 7, 2004, in the Office of the Lincoln County Clerk, Plat No. 140-B, Instrument No. 900938. Also excepting therefrom those parcels of land conveyed to R. Max Steadman, Jr. and Diann S. Steadman, recorded January 7, 2002, in Book 480 PR at Pages 737 and 738 as Instrument No. 878382, and to SV 100, LLC, a Wyoming Limited Liability Company, [) recorded August 13, 2001, in Book 470 PR at Pages 473 and 474 as Instrument No. 875204. Reserving unto Grantors and their heirs and assigns the right to install, maintain, operate, repair, and replace a waterline within said easement area described in the attached description, titled "Description: Deer Run Run Access, Parking, and Utilities Easement" that is adequate for irrigation of Lot 4 of said Deer Run 2nd Filing. Together with all water rights, mineral rights, and improvements and appurtenances thereon situate or in anywise appertaining thereunto. Subject to all covenants, easements, exceptions, restrictions, reservations and rights of way of sight or record. including all buildings and improvements thereon or that may hereafter be erected thereon; together with hereditaments and appurtenances and all other rights thereunto belonging, or in anywise now or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all plumbing, heating, and lighting fixtures and equipment now or hereafter attached to or used in connection with the premises. This Mortgage is to secure the payment of the principal sum of Five Hundred Twenty- Five Thousand Dollars ($525,000.00), with interest thereon as evidenced by a Promissory Note dated of even date herewith to the order of Mortgagees. Mortgagor hereby relinquishes and waives all rights under and by virtue of the homestead MORTGAGE RIVER BEND MEADOWS, LLC / STEADMAN PAGE 1 OF 5 í¡jj;~¡:':·:i;"¡i:':;¡'; 1·¡·I·II..'.,..I.·4'.·.·" '~;~:~~1~;~::¡ ¡~1;;;~;:~illIii!ii .' :-7·:· :~;.:,i.-~;!:';' ';:¡,;.~, :,', ,. . ',', .."! ',,;':';·:;:·~ÿZ¡j·;·l;;·; . .' ;:',;~,:~:i\'..';:·'. ,/;c .,,,.,'......;'-.. ;!:-;j;.;,;~;>;,~, '- "'~':':~;~~.:':'.';', 091.6027 ("" \,. u[:441 laws of the State of Wyoming and covenants that it is lawfully seized of the premises, and that the premises are ITee from all encumbrances, and hereby covenants to warrant and defend the title of the premises against the lawful claims of all persons whomsoever. Mortgagor covenants with Mortgagees as follows: 1. Incase of default in any of the payments stipulated in the note, Mortgagor, as further security for this Mortgage and the Note secured thereby, hereby assigns, sets over, and conveys to Mortgagees all rents, issues, and profits from the property. 2. To pay promptly, when due, the principal and interest and other sums of money provided for in said Note and this Mortgage, and to pay the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property. 3. To perform, comply with, and abide by each and all of the agreements, stipulations, conditions, and covenants, set forth in said Note and this Mortgage. 4. Failure by the Mortgagees to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this Mortgage accrued or thereafter accruing. 5. Nothing shall be done on or in connection with the property that may impair Mortgagees' security hereunder; Mortgagor shall not commit, permit or suffer any waste, impairment or deterioration of the property, nor any part thereof, and the property shall be continuously maintained in good and sightly order, repair, and condition by Mortgagor at their expense. 6. In case Mortgagor defaults in the payment of taxes, assessments, water, or other governmental or municipal charges, or other lawful charges as herein provided, Mortgagees may (after notice and demand delivered to Mortgagor) pay the same, and in case of any failure on the part of Mortgagor to comply with the covenants of this Mortgage, Mortgagees may effect such payments or repairs as it may reasonably deem necessary to protect the property, at the expense of Mortgagor. Mortgagor shall repay such sums so paid and all expenses so incurred by Mortgagees, with interest thereon ITom the date of payment, at ten percent (10%) per annum, and the same shall be a lien on the premises and be secured by the Note and by these presents; in default of making such repayments the whole amount hereby secured if not then due shall, if Mortgagees so elect, become due and payable forthwith, anything herein contained to the contrary notwithstanding. 7. In case default is made (and not remedied by Mortgagor within thirty (30) days after delivery of written notice and demand by Mortgagees) in the payment, when due, of the indebtedness hereby secured, or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, inclusive of principal, interest, arrearages, taxes, assessments, water charges, expenditures for MORTGAGE RIVER BEND MEADOWS, LLC / STEADMAN PAGE 2 OF 5 ~~",:';'·i~·'.' '. .". . :,':.:~.,,-~':.'·i:¡;,mï~';ðt¡¡¡i:;:¡~~j,:':;:"~'¿---~ili:!:'L~-!>'Lf:';~:;;'::",:::,:,:",;:!'..., ~', '.~J",~.'.:;' .- ,~:". ,~.~.c'~:~!i:,:.:.:'.:.', . ··;j\:·-'U-l'1~;,:;~~:j!.:,~";t!~,;-,->'!,¡!t;~<e,·.)S-:'''~·' ~'\. .,~.; ~ !i';':}.; ,~':'" :'~"', ',¡ ; ~ :'..; -':'.!~';I~';': ;'. .' 091.6Ò;~7 r- t.. 0 r: 4 4 2 repairs or maintenance, together with all other sums payable pursuant to the provisions hereof, shall become immediately due and payable, at the option of Mortgagees, anything herein before or in the Note contained to the contrary notwithstanding. Any failure to exercise such option shall not constitute a waiver of the right to exercise the same at any other time; and it shall be lawful for Mortgagees to proceed to enforce the provisions of this Mortgage either by suit at law or in equity, as it may elect, or to foreclose this Mortgage by advertisement and sale of the premises, at public auction for cash, according to Wyoming statutes governing mortgage foreclosures, and cause to be executed and delivered to the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such sale first to the payment of the costs and expenses of such foreclosure and sale, including a reasonable attorney's fee, and in payment of all moneys expended or advanced by Mortgagees pursuant to the provisions of this Mortgage, and then to the payment of the balance due on account of the principal indebtedness secured hereby, together with interest thereon and the surplus if any, shall be paid by Mortgagees on demand to Mortgagor. In case Mortgagees fail promptly to foreclose on the happening of any default, it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues, and shall not be prejudiced in its foreclosure rights in case of further default. 8. ill case of any default (not remedied by Mortgagor within thirty (30) days after delivery of written notice and demand by Mortgagees) whereby the right of foreclosure occurs hereunder, Mortgagees shall become entitled to exclusive possession, use, and enjoyment of all property, and to all rents, issues, and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if there is any, and such possession, rents, issues, and profits shall at once be delivered to Mortgagees on request, and on refusal, the delivery of such possession, rents, issues, and profits may be enforced by Mortgagees by any appropriate civil suit or proceeding, including action or actions in ejectment, or forceable entry, or unlawful detainer; and Mortgagees shall be entitled to a receiver for the property and all rents, issues, and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if there is any, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Mortgagor or the then owner of the property, and without regard to the value of the property or the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and expenses; and such receiver may be appointed by any court of competent jurisdiction on ex parte application and without notice (notice being hereby expressly waived, and the appointment of any such receiver on any such application without notice being hereby consented to by Mortgagor on Mortgagor's own behalf), and all rents, issues, profits, income, and revenue of the property shall be applied by such receiver, according to law and the orders and directions of the court. 9, Notwithstanding any other provision of this Mortgage, Mortgagor shall not have any personal liability for any deficiency under this Mortgage. Mortgagees' only recourse shall be against the property encumbered by this Mortgage. ill the event the MORTGAGE RIVER BEND MEADOWS, LLC / STEADMAN PAGE 3 OF 5 Œ!¡Il~ili~rnim ':'7nQ;i;;~. ;, : :~:~:~ :;:~:;:~: ~!¡: i: '.'·::I;.;r,'l:1 ..'.... ~ .~,',' , ' ··;·;·:';':;i'.·.· ' 0916Ú27 ( . L00443 property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby, Mortgagees shall not be entitled to any deficiency judgment against Mortgagor, 10. Mortgagor may not conveyor transfer any interest in or encumber the described premises without the prior written consent of the Mortgagees. Mortgagor must give Mortgagees written notice of Mortgagor's intent to conveyor transfer any interest in or to encumber the described premises at least thirty (30) days prior to the proposed conveyance or encumbrance. If all or any part of the described premises or an interest therein is sold, transferred or encumbered by Mortgagor without Mortgagees' prior written consent, excluding death of a joint tenant or the grant of any leasehold interest of three (3) years or less not containing an option to purchase, Mortgagees may, at Mortgagees' option, declare the entire remaining balance due under this Mortgage to be immediately due and payable and give written notice to Mortgagor thereof. After receipt of such written notice, Mortgagor shall have thirty (30) days in which to pay the entire remaining balance to Mortgagees. 11. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders, 12. Whenever used herein, the terms "Mortgagor" and "Mortgagees" include all the parties to this instrument and the heirs, legal representatives, and their successors and assigns. 2006. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of February 13, RIVER BEND MEADOWS, LLC, a Wyoming Limited Liability Company BY: ~A~ DAN G. OLSEN MANAGING 1\iEl\4-BER. IV\. A-f'J ~(;.-~ STATE OF CALIFORNIA ) ) SSe COUNTY OF ORANGE ) ~ f>~ '?;J~ THE FOREGOING MO TGAGE was acknowledged before me by Dan G. Olsen, MORTGAGE RIVER BEND MOWS, LLC / STEADMAN P E 4 OF 5 ~'" ·';:C, ~,'; ..~,';:."'.' O~1.6(j;~7 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT C00444 State of California County of C)rðh~e: On 'Ç"eb . \~ \ 2C:x:>tD ,before me, Date personally appeared \)an 6-. l ~.~,~.. ~~~~~ ~-~ _ Commission # 1345189 z ~ Notary Public - California ~ z - ~ Orange County f MyCorrm. Expires Uar21, 2006 , ""___.~-4\~_____ Place Notary Seal Above }ss rob\,' c Name(s) of Signer(s) ~ personally known to me o proved to me on the basis of satisfactory evidence to be the person (.g) whose name(~) is/aJ:Q. subscribed to the within instrument and acknowledged to me that he/sAeAAey executed the same in his/hefM:teir authorized capacity(~, and that by his/herfthe+r signature(ij on the instrument the person{p.), or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. (1jal1,""" ~h)<ßWJ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: M(')rh~~e- Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed b.-Y Signer Signer's Name: Dl.m G. Olsen, M::m-9ger of Rivér Bend Me-9dows, o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator 00 Other: D-9n G. Olsen, M-9n-9ger of River Bend Me-9dows. LLC Signer Is Representing: . Top of thumb here C> 1997 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 [¡:;:~::~~i~¡:r:~<J Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 ,;i¡m¡jW;¡j~;;;l¡¡;:~ ~ I ·1 ·1 '1 ·1 ·1 í 'I I 1 1 ,I 'I ·1 ·1 'I ·1 .\ ·1 '1 , ~ 1 I ·1 J J 1 ·1 1 1 1 1