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Home My WebLink About916301 , -<' RECEIVED 2127/2006 at 4:20 PM RECEIVING # 916301 ,L1Ir;-t- "/~ ~/Î ) //J (/2C) BOOK: 613 PAGE: 278 /~J-r _QU- T!:!' ð...:) L JEANNE WAGNER __, LlNCQI,.N_GOUNTY CLERK, KEMMERER, WY DEED OF TRUST " " , , t0839 = THIS DEED OF TRUST is granted by ROGER LINDE, all "IImarried mall, as GRANTOR, to AMERITITLE, INC., all Oregon Corporation, as TRUSTEE, for KRIS WRIGHT, a married mall dealillg with /tis sole alld separate property, as BENEFICIARY. WITNESSETH: Grantor does hereby irrevocably GRANT. BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, thefollowing described real property, to wit: /1 "^' ," . í/ 1}--\ Lot 3 of the Eiden Addition to the Town of LaBarge, Lincoln County, Wyoming as described Oil the official plat of the Schmid addition and the Eiden Addition to the Town of LaBarge, Lincoln County, Wyoming. TOGETHER WITH any and all improvements, water alld ditch rights. easements, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining" and any reversion, remainder, rents, issues and profits thereof. For tire Purpose of Securing: J, Performance of each agreement of Grantor herein contained. ], Payment of the indebtedness evidenced by a promissory note of even date herewith, and any extension or renewal thereof. in the principal sum of ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000.00), the final payment of principal and interest thereof. ifnot sooner paid, to be finally due alld payable February 24, 2007. 3, Payment of all such further sl/ms as may hereajler be loaned or advanced by the Beneficiary for any pl/rpose; and any notes, drajls and/or other instroments representing such fl/rther loans, advances or expenditl/res shall be optional with the Beneficiary, and shall become dl/e and payable no later than the final maturity date of said note secured hereby; and provided further, that it is the express intention of the parties to this Deed of Trost that it shall stand as continuing security until paid all such loans, advances or expenditures together with interest thereon. A, To protect tire security of tllis Deed of Tl'llst, Grantor covenallts and agrees: I, To keep said property in good condition alld repair; to lIot remove or demolish any building thereon,' to complete or restore promptly and in a good workmanshiplike manner ally'improvement wMch may be constrocted, damaged or destroyed thereon; to pay when due all claims for labor performed and materials filrnished thereto or therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; to not commit or permit waste thereof or thereon; to not commit, sl/ffer or permit any act upon said property in violation of law,' to cultivate, irrigate. fertilize, fumigate, prone and do all other acts wMch from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. ], To provide, maintain and deliver fire insurance satisfactory and with loss payable to Beneficiary. 11le amount collected under any fire or other insurance policy may, at Beneficiary's option alld determination. be applied upon any indebtedness secured hereby in such order as Beneficiary determines, be released to Grantor in whole or part, or any combination thereof. Such application or release shall not Cl/re or waive any default or notice of default hereunder or invalidate any act done pursuant to such lIotice. 3, To appear in alld defend IIIIY action or proceeding purporting to affect the secllrity hereof or the rights or powers of Beneficiary or Trosteeo' and to pay all costs and expenses, including cost of title evidence and any reasonable al/orney 's fees, in any such action or proceeding which Beneficiary or Trostee may appear. 4. To pay at1feastten days before delinql/ency all taxes and assessments affecting said property; to pay when due all encl/mbrances, charges and liens, with interest, affecting said pr~perty which are or may appear to be prior or sl/perior hereto; and to pay all costs, fees and expenses of this Trost, In addition to the payments due in accordance with the terms of the note hereby secured, the Gralltor shall, at the option and on demand of the Beneficiary, pay each month one-twelth (Jl12) of the estimated annual taxes, assessments, illsurance premiums, maintenance and other charges upon the property, nevertheless in trost for Grantor's use and benefit and for the payment by the Beneficiary of any sl/dl items when dl/e. Gralltor's faill/re to so pay shall constitute a default under this trost, 5. To pay immediately and witholll demand all sums expended by Beneficiary or Trostee pl/rsl/antto the pro'JIisions hereof. with interest from date of expenditure, at a rate eql/alto the interest rate payable under the promissory note described above or twelve percent (J ]%) per annum, whichever is greater. 6. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Trostee, but without obligation so to do and without notice or demand upon Grantor and without releasillg Gralltor from allY obligation hereof. may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee beillg authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trosteeo' pay, purchase. contest or compromise any encumbrance, charge or lien which in thejudgment of either appears to be prior or sl/perior hereto,' and in exercising any such powers or in enforcing this Deed of Trost by judicial foreclosure or otherwise, pay the necessary expenses, costs and reasonable al/o/'lley'sfees. . B. It is ",utÚally agreed: . I. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof. is hereby assigned and shall be paid to Beneficiary who may apply or release sl/ch monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. ], By accepting payment of any sl/m secl/red hereby after its due date. Beneficiary does not waive his right either to require prompt payment when due of all other sums so secllred or to declare default for failure so to pay. 3. At any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any personfor payment of the indebtedness secured hereby, Trostee may: reconvey all or any part of said property,' consent to the making of any map or plat thereof: join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. 4, Upon written request of Beneficiary stating that all sums secured hereby have been paid, surrender of the note aforedescribed and this Deed to the Trostee for cancellation and retelltion, and upon payment of the Trustee's fees, Tl'/lstee shall reconvey, without warranty, the property then held hereunder. The recitals in any reconveyance executed hereunder of any mailers or facts shall be conclusive proof of the trotlifulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto". 5, As additional security, Grantor hereby gives to and confers I/¡Jon Beneficiary the right, power and authority, during the continuance of these Trosts, to collect the rents, issues and profits of said property as they bei:ome dlle and payable; Reserving however unto Grantor, prior to any default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder. the right to collect and retain such rents. issues and profits, Upon any such default, Beneficiary may at any time without notice, either in person, byageflt 0'1' court appointed receiver, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof. in Iris OWII name sue for or otherwise collect such rents, issues and profits, incll/ding those past due alld unpaid, and apply the same, less costs alld expenses of operation and collection, inclllding reasonable al/orney 's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of sllch rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default herel/nder or invalidate allY act done pursuant to any such default notice. 6, Upon default by Grantor in paymellt of any indebtedness secured hereby or in performance of any agreement hereunder, all sums secured hereby shall immediately become dlle and payable at the option of the Beneficiary. At the option of Beneficiary, the Beneficiary may enforce the obligations of this Deed ofTnlS/, or the obligations of the Grantor secured hereby, through any and all means authorized under the laws of the State of Idaho. 7. Trostee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Beneficiary or Trostee shall be a party, 8. This Deed of Trost applies to, ÍllUres to the benefit of and binds all parties hereto, their heirs, devisees, personai representatives, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby,' or if the note has been pledged, the pledgee thereof. In this Deed of Trost, wherever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. i!i;iml;¡iliIJt ;;~ . , o n n 2 7 gl"ill¡\i~:;:~m¡¡:m 9. DUE ON SALE: This loall is persollal to Gralltor alld is IIOt assigllable. [II makillg it, Bellejiciary has relied 011 Gralltor's credit, Gralltor's interest in the trust property, alld jin all cial market cOllditiolls at the time this loall is made. If Grall tor trallsfers, or cOlltracts to trallsfer, title to or possessio II of, all or part of the property, or allY equitable illterest thereill, whether by deed, COli tract for deed, assigllment, lease for a term ill excess of olle year, lease with all optioll to pure/rase, optioll to pure/rase, or similar agreemellt, Bellejiciary may declare all sums ,mder allY ItOte(s), agreement(s) amI/or security illstrumellt(s) associated herewith immediately due alld payable. NOIrcompliallce with the terms alrd cOllditiolls of this paragraph shall cOllstitute alld be a default of this obligatioll from which there shall be 110 redemptioll or cure alld which default shall ell title Bellejiciary to effectuate allY alld all remedies provided Í/r any /lote(s), agreemellt(s) alttl/or security illstrument(s) associated herewith. ;j~::~::¡~~~1 6 301 ::::::;~:::~:;~.. ~'". . ~,. ,-.~-!.-'~, Dated: Febl1lary 24. 2005 ~,g"ff j~ STATE OF IDAHO COUNTY OF Bonneville ) ) ss ) REQUEST FOR FULL RECONVEYANCE (fo be used only when note has been paid) On Febrrmrv 24. 2005 , before me, the undersigned. personally appeared The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust, AlI sums secured have been fully paid. You are hereby requested and directed to cancel all evidences of indebtedness secured by said Deed of Trust and to reconvey. without warranty. the estate now held by you under tI,e same. THE PROMISSORY NOTE OR NOTES. AND EVIDENCES OF FUR17fER AND/OR ADDITIONAL ADVANCES MUST BE PRESENTED WITH 17fIS REQUEST. Roger Lillde or identified to me to be the person(s) whose name(s) is/are subscribed to . 'n instmment. and ac ~dged to me that he/she/they executed the same. Note Owner(s) Please deliver Reconveyance to the following: Notary Public for the State of Ida, Commission Expiration Date: NOTARY PUBUC LENORE J. KATRI STATE 0 IDAHO Residing at Idaho FaUs, Idaho My CommIssIoo ExpII8&: 01I30I09 \ '\