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Home My WebLink About916075 '~;at:$V:\'~:t.:!;¡;;.:;;~c~~ ': "';':-'¡ì::ij~Ío~ill.!f';~~"~~~~''--2i:.'~:",,;·, '."~'~.':: ,·.':;'<:!,;,'r··;"'~B.·" -,' . ,'. '.'0",. ·'~".:;t~i:~;.:Ú~~~W :·t~·~~;'';!'';;;;:J-l··i~~'7;!r.,~':.:1.;'¿,'-.....', '''; ,T:":;"';'~'-'-':"-"~'L!'";''''' ;,' -':;-'¡.!~:~:"','.'. ' ____ Friday, January 27,200612;26 PM "1~\ 1 /ì !/ Kelly Thoman (307) 657-7372 p.Og ~o- C00581 MORTGAGE DEED .' 1. The undersi¡ned. HORIZON PROPERTY GROUP LLC, a Utah Limited Liability Company, and MARC FLETCHER. individually. a Arizona resident, herein dC!iignated as Mortgagors, to secure the payment of Mortgagors' indebtedncss to PETERNAL RANCH LLC, a Wyoming Limitcd Liability Company, herein designated Lender, according to the tenns hereof and the tenor of Mortgagors' promissory note of even date to the order ofthe Lender in the pdncipal sum ofS21 ~.OOO.OO. together with interest, payable at Lender's office, hereby mortgages and warrant9to the Lender the property situate in Lincoln County, State of Wyoming and more particularly described as follows: AU f, ~) .~,. SEE ATTACHED EXHIBIT A Together with all privileges, hereditaments, tenements and appurtenances thereunto belonging, or in anywise appertaining, together with all buildings and improvements and fixtures now thereon or which may hereafter be erected thcrcol1, together with all rents, issuctl, re'\'enue, income and profits itom and of said property, Mortgagor expressly agrees that all items now and hereafter attached Or connected in or with each building on said premises shnll be considered fixtures and subject to the force nnd effect of this mortgage. /. 1() \.J I ¿</ , . 2. Mortgagors expressly covenant that: nothing ¡¡hall be done on or in COlUlection with said property which may impair Lender's seculity hereunder; all said property shall be continuously maintained in good order, repair, and condition by Mortgagors at Mortgagors' expense; said property shall at aU times be kept so occupied as to keep effective the insurance policies below mentioned, and devoted to lawful use only; Mortgagors wîll pay as due all principal and interest secured hereby seasonably, ø.nd until so fully paid Mortgagor¡ ¡¡hall pay as due all taxes, M~essments. and other legal burdens levied, assessQ(i, or ilnposed against said property anù will keep all thereof insured against loss or damage by fire or other casualty as specified by Lender, in insurance: companies and amounts acceptable by Lender. but in any event in an amount not tess than the full a.rnOUnt of the indebtedness secured hereby, all loss under such policies to be payable to LeI1der as its interest appears, and aU ~uch policies to be cwrently kept with Lender as further security for payment of said indebtedness until said premises are ftee from a11liens and encumbrances. f " 3. Mortgagors expressly agree to pay all fndebtednè55 s~curcd hereby tlccording to tho tcnna hereof, and that, in the event of any default by Mortgagors under the requirements hereof, Lender may pay any or all taxes. assessments, and other legal burdens before or after delinquency, expense of needed repairs, insurance, or other advancements required for the protection ofit9 security under any such default, and all moneys thus expended, with interest thereon at the same rate per annum as stated in the aforesaid promi!isory notc, sbaU, at the option of the Lender, become part of the interest-bearing principal indebtedness secured hereby unless and until othelwÏ!ie paid by Mortgagors. " 1 RECEIVED 2/17/2006 at 3:51 PM RECEIVING # 916075 BOOK: 612 PAGE: 581 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I "'i(,' mlm!~iliiliffi!!~m; n~Ilfiim~m~r;:: c -, C'~' A'...i&t".:o¡...', '.',' L'a.;.;.¡.¡...> cIi'J"<,', ~".- ", i_,'",,;,~ ~.~.:.: . ¡j,g:~;,~¡I,''!i:ih' ,'" '~. '.. '.:.:.:; ,; ',:( .'~ :', , '.' ",.,::.; lii$, ": ':' '.;. ~..;. ,"';"'~'''''.,...'.O¡'~...!,','.'' .';~,'" ~.-: , ' " ':'_\1n:::,!'.:.!;~~·;,¡t;·,~·;~.W;"·~ï!;!,r, ;,Utl:-J;;' ;,:"/'~"":'¡..;., ':·,!,;·;I,:, ·~L''''I~.~i~¡~,:.:n~:t:r.'">.:; ""::"~,,, ,r,:;"" .'.:_~t'. :.~!,. -: ,', ',''¡ . 091.6075 000582 " ,. 4; In the event default shnll be made in the payment as due on the original note or any subsequent note evidencing additional a.dva.nces, or otherwise, or any part hereof, or in the event of the breach of any covenant or agreement herein contained. Lender may immediately and without notice declare the whole of the then indebtedness secured hereby immediately due and payable, and it shalt be lawful for Lender to enforce the provisions of this mortgage eithC1' by suit at law or in equity, as it may elect, or to forec1ose: this mortgage by advertisement and sale of the above-described property at public vendue for cash, according to Wyoming statutes governing mortgage foreclosures, and cause to be executed and delivered to the purchaser 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 and in payment of all moneys expended for taxes. assessments, repairs. insurance, or other advancements, together with stipulated inter¢st thereon from respective advancement dates to the date of such sale, and then to the payment of the balance due on account ofthc: principal and interest indebtedness secured hereby, together with interest at the same rate thereon up to the time of lJuc;h sale, and the surplus, if any, shall be paid to said Mortgagors, their successors or assigns, and there shall be included a.~ due ttom Mortgagors in any or all court proceedings aU related costs, inclusive of abstract extension 01' title insurance and such attorneys fees and costs as may be ct~c:cd by the court, and, in any statutory foreclosure by advertisement, all costs and a teasonable attorney's fee. Mortgagors consent to entry ofpersona1 judgment for and upon any deficiency of said indebtedness remaining unliquidated following foreclosure or other sale proceedings of the relll and collateral security as aforesaid. In the event of any default whereby the right offoreclosure occurs hereunder, Lender. or the holder of said note, shall at once become entitled to exclusive possession, use, and enjoyment of all property aforesaid, and to all rents, issues, and profits thereof, from the accruing of such right and during tho pendency of forectosure proceedings ßnd the period of redemption, if any there be, and such posBes~ion, tents, issues, and profits shall at once be delivered to Lender, and Lender, its successors or assigns, or the bolder of said no to, or any thereof, shall be entitled to the relief provided under Sections 1 ~18-104 and 1-33-101 through 1-33-110, both inclusive, W,S. 1977, together with any subsequently enacted statutes relating to said property, and all rents, iSSÙC8, and profits thereof after any such default, includins the time expended in foreclosure proœedings and the period of redemption. if any there be, and shall be entitled thereto as a matter of right, without regard to the solvency of Mortgagors or the then owna' of said property and without regard to the value ofsaid property of the sufficiency thereof to discharge the mortgage debt and foreclosure: costs, fees, and expenses, and such relief may be granted by any court of competent jurisdiction upon ex parte app1ication and without notice (notice being hereby expresAly waived and such relief on any such application without notice being hereby consented to by Mortgagors on Mortgagors' behalf and on behalf of Mortgagors' successors and assigns, and all persons clainùng by, through, or under Mortgagors) and all rents, issues, profits, income, and revtn.ue of said property shall be applied according to law and the orders and directions of the court. -:, 5. Mortgagors shall pay as due all items the nonpayment of which as due might subject Lender or said property to claim of lien or other actionable liability. Mortgagors shall make no alterations or additions to said propenywíthout prior written consent of Lender and will not pennit said property, or any part thereof. to be used in an improper manner or contrary to any law or ordinance. In the event of Mortgagors' dctàult under any existing prior mortgage bet\veen the parties 2 O~'d ~L't-L- Lsa (LO't-) UI!WOYl. Á8)t Wd 9~:~~ 900~ 'a ÁJl!nul!r 'ÁI!P!1'; >, :;··:i:1:.r4~:~;': :;:.', ':'>.;'," . ~,~},:E~~·,','; :;.:-.'.'." :';:"-:'!::''::2y"i,' '.;', ''·'·;··"'·í!i~,~.!I.!.!.'.·.'.' ;;é;:~~~;;il1;,':'~:Li:<!l,'.i,';~~ . ~.:.'-'"' " ' , . ... t; I:"; ; .'" .. ¡ . ;: . ~ ¡' ;" ; ¡ , .: ' . .',. '; ~.:.'. , Friday, January 27,200612:26 PM Kelly Thcman (307) 857-7372 p.11 091(~075 ('An58 I-'Ul' 3 h~reto upon said premises, the note or notes secured by this mortgage shall become immediately due. No delay or election of remedy on the part of Lender under any default by Mort¡8¡OrS shall be in pr~iudice of Lender's right to t11ereaftcr proceed in any manner above authorized on account of such or each subsequent default by Mortgagors. 6. Mortgagors hereby indemnify find Ilgree to protect, save, and keep hannless the Lender and their successors and assi¡ns from any and allliabilitic::s, obligations, taxes, liens, charges, losses, damages, penattieR, claims, actions, suits, costs, expenses, and disbursements, including legal fees and expenses (all of which are hereinafter referred to as "expenses"), of whatsoever kind and nature, impo;:scd on,incun cd by, or assorted against tho Londor, in any way relating to this mortgage, except as caused by the gross negligence or willful misconduct of the Lender. Mortgagors agree to pay all out-of-pocket costs, expenses, ûnd disbursements, including legal tees and expenses, of whatsoever nature incurred by Lender. . , 7. This mortgage shan become due QIld payable in full forthwith at the option of the Lender if the Mortgagors, their executors, administrators or assigns convey away said premises or if title thereto shall become vested in any other person or persons in any manner whatsoever. The acceptance of any monthly payl1'\.ent by the Lender shall not constitute a waiver of the option herein contained. 8, Time and the manner ofperfom1ance are ofthe essence hereof, and all covenants of the Mortgagors run with the: land, and all provisions hereof shall be respective1y for the benefit of and binding upon the successors and assigns of the Mortgagors and Lender. IN WITNESS WHEREOF, Mortgagors have: caused this mortgage to be executed and . deUyered this 30 day of T eo. 1/\\...1,..,- ¡--, 2006. i; ~ ',"I By: HORIZON PROPERTY GROUP LLC ~~Q~ MARC FLETCHER, " Agent for HORIZON PROPERTY GROUP LLC, and individually " - 3 mII~I~lml~Wmj r:~~~~~;~¡f:¡t:: r ·_};IC.r:'~:'a;f;j:'¡:;:L',!,o,a.!i.E';'--'·:,L:o..o2J.;i.',:'< :".. '!'~, ':'~'~..', :",;:.",_ ·~Oo:...ô..' ''--''--'-, ":~.r~': "',i.£".,'.~.',,; t3.'~X, ,;' . '..,' 'Ï',:.·..'i!.~i!.l·iT~~:Ù '; .,,', r", '",:L~:~l~,'¿;::"-::", -- ' . ,',,~.:.,' --""',, ' Friday, January 27,200612:26 PM Kelly Thoman (307) 857-7372 p.12 0916075 .' 0 r 584 STATE OF UTAH SMff¿h- COUNTY OF~ ) ) ss. ) The foregoing Mortgage Deed was acknowledged before me by MARC FLETCHER 8S êgent for HORIZON PROPERTY GROUP LLC and individually this gd day of 'd/MJt44. ,2006. My commission expires: 7' ¥Þ- ;!::õÿ;..·..þ /~~..~.;:~;:;, DANNY 0 ¡'i~" ;\';,) NOTARYPUBL EASTBURN \; ..... )!¡ 13742 s HO~;· STATE.Of UTAH '\: .--: __/.,.~~l HERRIMAN EUBACK LANE ~!.!-'.., COI T 84065 ~MISS/ON EXPIRES' __ . 07-25-2007 The foregoing instrument was prepared by Tho Winter Law Fiml. P.C.. P.O. Box 633, Riverton, WY 82501, (307) 8~6-l929. mE LEGAL DESCRIPTION AND STATED TITLE OWNER(S) CONTA{NED HEREIN WERE SUPPLIED BY THE PARTY(IES) AND THE DRAFTSMAN ASSUJ\.ŒS NO RESPONSIBILITY FOR THE CORREClNESS THEREOF. 4 ··;0:':1:':':':':':'-.:1:" ',", :.!:..:c!,~.'.;;..:ti:AoatI""""-¿J1::L¡'\!:.!:;d,'J..':",~,::,~', ~::'i~.1I ' . '~'.~.-'..:J"'~~'::-~:">:.....:.~ .. '. :::~~''''!.:''''.'; p.13 Friday, January 27,200612:26 PM Kelly Thcman (307) 857-7372 09:1.6075 'or585 DESCRIPTION: The Propcrty i5 located in Lincoln County, Wyoming, and is located at 00 Hams Fork Road 305, Kemmerer, Wyoming, and is legally descnòed as follows: Pare" 1 All of Lot 15 of Section 2, T24N, Rl17W, Lincoln County, Wyoming, in accordance with the V,S. General Land Office plat of said T24N, Rl17W, dated 8 September 1911; ENCOMPASSING a nominal area of40 acres, more or less. ParcelZ All of the NEl/4SWl/4 of Section 2, T24N, R117W, Lincoln County, Wyoming in accordance with the U.S. General Land Office plat of said T24N, R117W, dat~d 8 September 1911; ENCOMPASSING a nominal area of40 acres, more orlesB. Parcel 3 That pl1rt ofLat 20 and the SEl/4SWl/4 of Se'-1ion 2, T24N, R117W, Lincoln County, Wyoming lying and being situate easterly of the westerly right.of·way line oftbe Hams Fork County Road No. 12-305 as depicted upon the official plat for said County Road of record in the Office ofthe Clerk of Lincoln County and dated 9 May 1984; ENCOMPASSING an area of35.1 acres, more or less. [i;iillilllli~;I~m ,," '. ,