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HomeMy WebLinkAbout916923 RÈ=~J~~~;;'~~~" .. BOOK: 612"" PAGE: 440 '1 JEANÑ~GNER l.INCOLN COUNTY CŒRK;-.KEJ\"MERER, WY 51~ 05 !I;;::~:::~::::::~::::;: I¡:~:;:::j:;~!:;::*t::: ¡m:!,ijl~~¡W~i~Iill t~~!i.·"'·¡·'t:..· '.' ; ::",.: 1·',~:··:;:i'·'.i, . ;. ""-, -' ,I}",-"',",-, ,;.-~; ·'·'i·~'i.;~'~'· ~I:¡·:~"·'·'·" . .-.,........... C11MA1l- ~ MORTGAGE C0016Q KNOW ALL MEN BY THESE PRESENTS, thatIDVERBEND MEADOWS, LLC, A WyomiÌ1gLimited liability Company, liS "Mortgagor", 190 Newport Center Drive :# 100, Newport Bea.ch, C1ÙÍÍomia 92660, .hereby.mortgages to ROLAND MAX STEADMAN IDld DOROTHY L. STEADMAN, liS ~'Mortgagees, P.O. Box 905, Thayne, Wyoming 83127, the following described real property, situated in 1he County of Lincoln, State of Wyoming: ~ .0:: ill .0:: ~ ill <C c 2 ('t) Uln=2 ~ t") ~ ill ill .åiN'·ZY -- Q) ill l') - ~~~~R o Q) 1l. ::> ill o ill-J ~ * Z Ü ~ l') z?: '('t) ~ .It)'~ z O>1Ø~=Õ cW>~ ~ 0 -illO Z cW.rr: 0 -J o .m 0 cW 0 .a: Z -J 7 £/ The Northeast Quarter (NEl/4) of Section 10, Township 34 North, Range 119 West, of1he 6th P.M., Lincoln County, Wyoming. Excepting thererrom Deer Run 2nd Filing, .according fo íhat plat :filed July 7, 2004, in the Office of the Lincoln County Clerk, Plat No. 140-B, Instrument No. 900938. .Also excepting thererrom those parcels ofland conveyed 10 R. Max Ste:!nman, Jr. .andDiannS. Ste:!nm:!n, Iecorded January 7, 2002, inBook480.PRAtP.ages 737.and 738 liS Instrument No. 878382,.and to SV 100, liC, A Wyoming Limited 1.i:!hl1ity CompIDlY, Iecorded.August 13,2001, in Book 470 PR At P.ages 473 .and 474 liS Instrument No. 875204. Reserving unto Grantors .and their heirs .andllSSigns the.right 10 install, maintain, operate, Iepair, .and Iep1ace A wAterline within .said easement .area liescribed in the ll1tached description, titled ~'Description: Deer Run Run Access, Parking, .and Utilities Easement" that is .adequate for irrigation ofLot4 of .said Deer Run 2nd Filing. Together with lIll wAter rights, minerlli rights, .and improvements .and llppurten:!n~esthereon .situate or in IDlywise llppertaining thereunto. .subject 10 lIll cov~n:!ntf;, easements, exceptions, restrictions, Ieserv.atÏons .and rights of WAY of sight or record. including lIll bnililinzs .and improvements thereon or that may hereafter be erected 1hereon; together with hereditaments and Appurtenances IDld .all other rights thereunto belonging, or in .anywise now or hereafter Appertaining, .and the reversion .and Ieversions, I-em:!inner .and Iema1nders, Ients, i.ssues, .and profits thereof: .and .all plumbing, .heating, .and lighting iixtures IDld :equipment now or .hereafter llttached to or used jn connection with the premises. This Mortgage is to secnre1he payment of the principlli sum of:pjve Hundred Twenty- Five Thousand Dollars ($525,000.00), with interest thereon liS evidenced by A J>IOmÏssory Note dated of even date herewith to the order of Mortgagees. Mortgagor hereby Ielinquishes .and wmves .all.ri,ghts under.and by virtue of the homestead MORTGAGE JUVERBEND MEADOWS,LLC I.sTEADMAN :PAGE10F5 · .' '.' ~1~i~I·¡!i~iti~i:i~I~¡~jt;!I;!¡S!.i!Ó: :~i::~_ ',1··:~i~l.i::'Ii1n''¡·M!'~'!~:' ¡':;~·;-;:P.;' ,'';:!,~'; ':' :;~':'~\¡;;:::?.fì:~H:::;W,;·'·; .' J.t,:. ': ~'; ,::, ¡~':¡J:' ,;",' ;.,;g ~''''ì'i(·''';~ .:. :·:"et, ':= . .,'., ',·.·.oÌ..I,.~-af':»'\:;t~!\-!, ¡'-,~~,;(:-}I ¡'.1.:-:~!t;1.~:: .....;.¡" >~,;, ,:>;i';t;~~!h~;~~!;!i"~~.i:Ú;lf.I\;:':":' ,':'_:I;T.;. .:::;'!, ,~i¡';~!.Vb~; . 0916027 0916923 C00161 ('1"\ \.·\)0441 laws of the State of Wyoming and covenants that it is lawfully seized of the premises, and that the premises are ttee ttom 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. In case of default in any ofthe payments stípulated 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 ttom 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 ttom 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 I STEADMAN PAGE 2 OF 5 f:;~:m~::*~*¡~~;, ~~~~~~~~ ~,I,~~, þ':~j ~; :~~ ii*.~ ~m;¡f¥.~m!I~¡¡~i¡~~ 1;'.';I.·¡r.þ'~·l.·.·.·, :;~::::¡:::::,:;:~:::~ ._.....,\.I..S~........ ~f:;tfJ~t~~;?ª~i ~-f,;,;..: ,:"',: ';,'; ",. /" - . ,~:",:~"'~;f,~",:,a.:t:ln~..;¡;¡·.ð;I·!;,)¡I·\._fi'.,,""';':¡:i(-'::.·:c;-=~~"'<:,\""'1<::~'~':~:'.'~"~.: ,-.j"..>:'.';'~':~';:'1I.~i,;',. "".~. ~ ','. '.·.·,~.~,....·JI!L..·...:;~iJ·¿·~·, .,C""'~""'·.~'·t(,:'~'.<f#··~;.:tr.'<;·..,,<,¡-;r:I.·~_-;·;·í');:'~"'.'-.-·"· . . ..... '~'-';' ~',:':j.I-;'~.;. ,·-;,.·.· ~'. ,""I' ,;", ::; . 'ò ..4;;¡;";.".t;..:-.,. - .' " 091.6Ú;~7 OS16SZ3 C00162 C00442 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. In 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, an,d 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, ifthere 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. In the event the MORTGAGE RIVER BEND MEADOWS, LLC I STEADMAN PAGE 3 OF 5 ·..<.... . 't-":¡~!'t~,~~1:1t;~·-~O=~·;!""""::;~f~¡,ft'?'iI:;-i'-¡;':;~:·\';~;'.if:."i:"· ~.:,P...;.:.;,!..~~~,;:.. . r.~::'l'~.:.,...¡;..".'! .I.~~r."..I...;..... ~, .; i~\.~!!:i$,.Cf. _~~~W.4i,·'.It...· .J:.;';"'...". J..~ ,'. ¡· :~."':;· ;.:1:'t:t~o/N~r.-;I;':f." ,'.,.,:,....;..;!., .);;.I¡:';;;."~~'""::!if."~;':',.'.-~._. .' o 91.6ÚZ7 O~1.f:}9Z3 COG163 ,. :"'OQ443 property is: sold under foreclosure and the proceeds are Ín5IIfficÏenf 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 rrmst 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 preIIIÍ5es 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 purchas<; Mortgagees may, at Mortgagees' optio~ declare the entire remaining balance due urrder 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. I L 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 temIS' "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, RlVERBEND l\1EADOWS, LLC, a Wyoming Limited Liability Company BY, ~4~ DAN G. OLSEN MANAGING lItEl\mm. IV\. I+f'.l ~1<- STATE OF CALIFORNIA) . .1., ) S5. ~\ ) ð~ ~ THE FOREGOING MO TGAGE was acknowledged before me by Dan G. Olsen. MO~T.ÇðßE 'bWS, LLC I STEADMAN 5 ~r~~~;~mi!~!m~~ ·..:,..~.:..,_I;,.._~·~!, . , . .- -'-.,.."-:.).~ . ......-~.,...- "-.·..'!f·::'~~:';.u;;r.-;,·I.~;. .:.'-",'<":'.'," .',', ,,- ,.... . . . '.:'_:.!~'; :. .:r. ....,...,.""..... .,.... .~ .;:.::... ".' ..,.....,_.. . . . 091J.;(j;~7 09~tf;923 r'!'\r'~64 ' U l: J. C00444 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California County of Oròn<1e. } ss On CÇ"e.'o . \~ ,2a:>c.ø ,before me, Date personally appeared \")at") 6-. Name(s) of Signe;(s) :ðf personally known to me o proved to me, on the basis of satisfactory evidence ) ~ .....--~~~. ;lLJ _6) Commission # 1345189 z i' Notary Public - California ~ i:: Orange County I My Corrm. Expires Mar 21 , 2006 ../ìir-.~-.-.-__""_.____ to be the person(.$) whose name(~) is/a¡:Q. subscribed to the within instrument and acknowledged to me that he/sheAAey executed the same in his/h&f.4l:teir authorized capacity(i~, and that by his/hel/tl,eil signature(~ on the instrument the person!), or the entity upon behalf of which the person(.s) acted, executed the instrument. Piace Notary Seal Above WITNESS my hand and official seal. CD(}ll~. ::mh)<~ 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 Documept Title or Type of Document: M~~e... Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Dan G. Olsen, Manager of Ri vér Bend Meadows, o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservato'r 00 Other: Dan G. Olsen, Manager of River Bend Meadows. LLC Top 01 thumb here Signer Is Representing: C> 1997 National Notary Association' 9350 De Soto Ave" P.Q, Box 2402· Chatsworth. CA 91313·2402 Prod. No. 5907 Reorder: Call TolI·Free 1-800·876·6827 '. ·'·¡!I~':.í:í:i!j: ,,~ ~"I ~;~,~i!I~': ¡.,: ,r.:'¡;;':?:'ì?!I'li: ¡J.~~~;t~{":.';'¡'· :,;!·.;I "> ~ ~ .": . . . ",'- ,::r;:;_:~¡:J'~' " '.".... .!.' , ',' ·"':'~.·'!.·n~~!".';~, :.' ::~; \.:·:.¡LS#'"Jr.:(ß!N':~~:'.~:::.·(,'o~-t."!1:-:: 'ì::,'i'!" ~:',.' ',,¡;. ·"~'~~;¡·.·"~·::'¡:.:í:~'~'·>' ':',:' ',' :. .,;W..;....:.:'.~.~_-;.:.; 0916923 00165 Description: Deer Run Run, Access, Parking and Utilities Easement A portion of the Steadman property, as referred to in the Deed recorded in Book 277PR, on Page 190 with the Office of the Clerk of Lincoln County, Wyoming, within the NE1/4 of Section 10, T34N, Rl19W, of the 6th. P.M., Lincoln County, Wyoming, for Ingress, Egress, Parking and Utilities, the metes and bounds being more particularly described as follows: BEGINNING at the Northwest corner of the Jepperson Subdivision, also being a point in the West line of the NW1/4 of Section 11, of said T34N, R119W, said Point being 561. 21 feet SO ° 32' 44 "E, along said West line from the Charles V. King PE/LS 590 location for the Northwest Corner of said NW1/4; thence S0032144"£, continuing along said West line, 751.87 feet; thence N89°06'52"W, parallel with the North line of said NE1/4, 320.00 feet; thence N0032'44"W, parallel with said West line, 20.01 feet to the Southwest corner of Lot 4 of the Deer Run Second Filing, recorded with Instrument No. 900838, Plat No. 140-B; thence S89°06'52"E, along the South line of said Lot 4, 259.98 feet; , thence N0032'44"W, parallel with said West line, 781.58 feet; thence N80029'02''E, parallel with the Northwest line of Deer Run Run, as shown on said Plat, 73.60 feet to Point in the Westerly Right-of-Way for U.S. Highway 89; thenceS20000'11"E, along said Westerly Right-of-Way, 60.96 feet to the Northeast corner of said Jepperson Subdivision; thence S80029'02"W, along the North line of said Jepperson Subdivision, 33.42 feet, to the Point of Beginning, containing 1.26± Acres of land. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Restrictions, Reservations, Rights-of-Way and Improvements of sight and/or record. e:~:::~::::~::::::!::¡ ~~:~~;:!:;~:.:~~ ~!~!m~mm~if: .. ·,,,;,,,,:~,,:·"':·,~;o,4,"'~;~~~~~"""'~'¿,~~";'_L'~-··:··'·_".'<'·~'I';).:;~.',I': ¡o.-".,.~", .':';;' 1;;'-:iIU:C.::.:.:g:~.._ ,..' ~,. . !_-Il;;,~J:':~"1"KJ:it'!p.a;¡t;; -I¡'¡;i¡:r,¡.¡,¡~¡"~'¡"'i'R""!:J.;.'.";f!~:'!i'" _ '., '.', .,' :.:,. _,. ·.·;....i.;·~¡iIo,.;fI:~'~'...·. ..':~. t.;_' ..,.:..11':..... '_-. "~;';~;'.'~~.'. '.' 0:',. 09:1.6923 C00166 RE-RECORDING APPROVAL TYPE OF DOCUMENT: Mortgage DOCUMENT DATE: February 13,2006 RECORDING DATE: February 16, 2006 PURPOSE OF RE-RECORDING: To attach the Deer Run, Access, Parking and Utilities Easement to Mortgage ACKNOWLEDGEMENT: BY SIGNING BELOW, Borrower(s) accepts and agrees to the teImS and conditions contained in the CORRECTED Mortgage executed by Borrower(s) attached hereto and made a part hereof and recorded with it. BORROWER(S) endMeadOW~ . Olsen, Manager ·~.:~i!V~.';li' ·_·-:·.t,"·Ù.-·;':'~ '~. ·.:~':i .J~J·¡(;~_ctJ:..~,-"r!.-_*'~:!". ~j' ~..' ·:~-;'·3"":i~.· '. ....; -.;t:¡:.,.:o:.;:.)."" , -- .:'_it,!::,·£t.W:'fi.i;ft' ~ 'Jii'~~·.£t"l."~¡¡d.:.!~"/:,:,"Iti"¡.:'~: .', ,~'.' ,:' '~·:;·;'i(j" :';+ ,"'~'}~il·;';t¡,:.i;:' ·!.i':';;;'~'~':;':;I:,,'i.'~.1';o !. .,.....; .::' .. , t" r 091J)923 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C00.167 State of California County of () \éiDge }ss. On Marcn f..a 12öCxo ,before me, Date personally appeared ~h Name(s) of Slgner(s} M personally known to me o proved to me on the basis of satisfactory evidence .. :=:r-=~.- J ~ 'Notary Public - Califomia ~ ~ Orange County f My Conm. ExpiI'8l Mar21, 2008 -----------,.,.----- to be the person(~) whose name(s)' is/are- subscribed to the within instrument and acknowledged to me that he/she1they executed the same in his/he#their authorized capacity(ies-), and that by his/herftl1eir signature(&} on the instrument the person(s), or the entity upon behalf of which the person(-s)" acted, executed the instrument. WITNESS my hand and official seal. (1J(ì~ig~~) 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. Place Notary Seal Above Description of Attached Document \ Title or Type of Document: ~ -:f<t-1'" 1'Ií¿\~ I\p p rO"\Ja.1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by"Signer Signer's Name: t)qn. ~, O\seYì, ~ Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 Genèral o Attorney in Fact o Trustee o Guardian or Conservator ŒQXOther: Ban G. Olsen, Manager of Ri Vf>r Bend Mf>adows, LLC Manager of River Bend Meadows, LLC . Top of Ihumb here "1'·~:'''-~,,~:~':-' .. Signer Is Representing: © 1997 National Notary Association' 9350 De Solo Ave., P,O, Box 2402' Chatsworth. CA 91313·2402 Prod. No, 5907 Reorder: Call TolI·Free 1·800·876-6827 '::::::;::::::::::;:(.:1 tili~!:!:jt'til~:'~!M