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Home My WebLink About917107 RECÊIVED 3/30/2006 at 10:28 AM RECEIVING # 917107 BOOK: 615 PAGE: 590 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY ~Y -----~-- -----~------ -----+- ---,--~-- MORTGAGE ~e:B , ct-µ.M Harold Alexander McFarland II and Jennifer M atland, husband and wife, Mortgagors, to secure the payment of One Hundred Twenty Thousand Dollars ($120,000.00) due with interest thereon at the rate of zero percent (0%) per year, six (6) years, of the term of the promissory note dated March 1. 4 ~2006, payable in accordance with the provisions of that certain promissory note, dated March '2.-4 ~2006 hereby mortgage and warrant to Robert L. McFarland and Cecilia G. McFarland, and their successors or assigns, Mortgagee, of Lincoln County, Wyoming to-wit: Etna, Lincoln County, Wyoming SEE ATTACHED DESCRIPTIONS marked as "EXHIBIT 'A'. If default occurs in the payment of the indebtedness or in the payment of any installment thereof, or if default occurs in any of the covenants and agreements hereof, then the whole indebtedness shall, at mortgagee's option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by advertisement and sale of the premises as provided by statute, or by an action in equity. Out of the proceeds of any foreclosure sale, mortgagee shall retain or receive all sums due to it hereunder, and costs of foreclosure and sale including attorney fees in an amount equal to ten percent of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in J any equitable action brought to foreclose this mortgage. To fully assure mortgagee the benefit of the security interests in.-the premises - granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy of the premises by any person in possession thereof with mortgagors' consent. If default occurs in any of the covenants and agreements herein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof, mortgagee shall at once be entitled, and is hereby authorized, to collect the rents from the premises and to apply the same to the payment of the indebtedness secured hereby until such default is remedied. In the event of foreclosure of this mortgage upon default, mortgagee shall be entitled to the possession and enjoyment of the premises and the incident rents, issues, Mortgage Alex McFarland and Jennifer McFarland Page) of3 ~~fim~m~~r:m;j f~to;¡i';~!!j;t;:.,;;~~ l¡fj·.Ù!jf!·~~i·.'···~. ~!L!mtOO;'H~ ~; ;:«r::j.,õ¡¡:,:,;, "''í';';~11 ~ò,~,: ~¡¡¡¡¡¡œ~; ;t¡l~ :~;¡i~i~~;},~!k..·¡'¡j b¡~:¡¡'~~ \ 091..7'107 ...._.;....~ and profits thereof from the time of such default and for and during the pendency of foreclosure proceedings and the period of redemption, if any. If mortgagors should fail to surrender such possession to mortgagee promptly upon its request therefore, mortgagee may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. Furthermore and in addition to the remedies otherwise provided for in this mortgage and by law, and as a matter of right, without regard to the solvency or insolvency of mortgagors, the value of the premises, or the sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the expiration of any redemptive period provided by law. Such receiver may be appointed by any court of competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application being hereby consented to by mortgagors. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. This Mortgage shall be subordinate only to the Mortgagors' existing first mortgage that encumbers the above property. , 5f WITNESS our hands this t3t / 'day of -L2J a,('Uk ,2006. J+MJ1ill~~~1f Harold Alexander McFarland M~Y çter ~ LEE Mortgage Alex McFarland and Jennifer McFarland Page 2 of3 , 091..71.07 Of592 STATE OF WYOMING ) ) SS. ) COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this a/ [f day of March, 2006, by Harold Alexander McFarland and Jennifer McFarlaftd, husband and wife. LeG" ?Z)I)1 My Commission Expires: 1/5/03 , ~d1~~~ NARY PU LIC --. NANC IL . ~... My Comml..lon Y PUBU 8Weof WyomIng .... Jan 5/08 Mortgage Alex McFarland and Jennifer McFarland Page 3 of3 ~~:·:;:¡$:?;~1~~;::~ ~:~~it~~:;~ . , Prolesslonal land Surveyors Paul N, Scharbol Wyo, Registration No, 164 Utah Regislratlon No, 1670 Idaho RegistratIon No, 3990 Nevada Registrallon No, 6805 Sea" A. Scherbel Wyo, Regislrallon No, 3889 Idaho Reglslratlon No, 8026 Utah Regislratlon No, 37211\ MARLOWE A. SCHERBEL Wyo, Raglstratlon No. 5366 Surveyor Scherbol, lTO, Anon, Wyoming Big Piney, Wyoming Jackson, Wyoming lava HOI Springs, Idaho Montpelier, Idaho ·¡]~ilimml~~[ C00593 '...,:i:\.3;,~~~,I:~JI;;·s';p,·:' .» ,'...',(.\'.."..".........' 1·;i;~~~!~~G!~i\\¡ DESCRIPTION FOR ROBERT L. McFARLAND AND CECILIA G. McFARLAND ,F AWL Y EXEMPTION TRACT To-wit: - - That part of the S~NWY4 of Section 14, T35N R119W,LincolriCounty, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 134 of Photostatic Records on page 600 and in Book 319 of Photostatic Records on page 574, described as follows: BEGINNING at a brass cap on the easterly right-of-way line of U.S. Highway 89, S89°57'43"E, 50.15 feet, from the southwest comer of the N~SWY4NWY4 of said Section 14; 'thence NOoo-09' -43"W, 231.55 feet, along said easterly right-of-way line, to a point;. thence N89°-58'~53"E, 101.37 feet, along a line parallel with'the north line of said N~SWY4NWY4, to a point; thence NOoo-09'-43"W, 20.03 feet, along a line parallel with said easterly right-of-way line, to a point; , . ' thence N89°-58'-53"E, 136.85 feet, along a line parallel with said north line, to a point; , ' thence NOoo..09'-43"W, 145.41 feet, along a line parallel with said easterly right-of-way line, to a point; " thence N89°-58-53"E, 503.78 feet, along a line parallel with said north line, to a point; ,thence NOoo-09'-41"W, 234.89 feet, to a poiIit on a line that is parallel with and offset southerly thirty (30) feet of said north line; thence N89°-58' -53"E, 559.03 feet, along said 'parallel offset line, to a point; thence SOoo-46'-16"W, 633.22 feet, to the northeast point of Lot 1 of Windy Acres Subdivision of record in said Office as Plat No. 122-:-B; thence N89°-57'-43"W, 1290.73 feet, along the south line of said N~SWY4NWY4, to the BRASS CAP OF BEGINNING; ENCOMP AS SING an area of 13.97 acres, more or less; the BASE BEARING for this survey is the east line of the NEY4 of Section 14, T35N R1l9W, being NORTH; 'SUBJECT to a right of ingress, egress and utilities over, unde~' and across a strip of land descfibed as follows; BEGINNING at the intersection of the easterly right-or.way line of U.S. Highway 89 ÌU1d the westerly most northwest point of the above described tract; thence N89°-58'-53"E, 101.37 feet, along a north line of said tract, to·a point; thence NOOO-09' -43"W, 20.03 feet, along a west line of said tract, to a point; "Modification in any way of the foregoing description terminates liability of the surveyor" ProfessionalL~nd Surveyor. Paul N, Scherbal Wyo, Ragislratlon No, 164 Ulah Registralion No, 1670 Idaho Registration No, 3990 Nevada Registration No, 6805 Sco" A, Scherbel Wyo, Registration No, 3889 Idaho Reglslralion No, 8026 Utah Reglslrallon No; 372111 MARLOWE A, SCHERBEL Wyo, Reglstrallon No, 5368 Surveyor Scherbel, LTD. Anon, Wyoming Big Piney, Wyoming Jackson, Wyoming , Lava Hol Springs, Idaho Montpelier, idaho .' , . .\ . 091. 7~,,,07 COO~94 , ' DESCRIPTION FOR ROBERT L. McFARLAND AND CECILIA G~McFARLAND FAMILY EXEMPTION TRACT PAGE TWO thence N89°-58'-53"E, 20.00 feet, along a north line of said tract, to a position; thence SOoo-09'-43"E, 50.03 feet, along a line paràllel with said easterly right-of-way lirie, to a position; . thence S89°-58'-53"W, 115.00 feet, along a line paraIIel with said north line, to a position on said easterly right-of-way line; thence NOoo-09'-43"W, 30.00 feet, along said easterly right-of-way line, to the POINT OF BEGINNING; each "comer" found as described in the Comer Record filed' or to be filed in the Office of the Clerk of Lincoln County; ,each "point" and "intersection" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribèd, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed, "MARLOWE A. SCHERBEL PLS 5368 AFTON WYOMING", with appropriate details found; each "position" is a calculated position with no monument found, or set; .. . " ~~,','I~ ·.·'·t'I·I·I~'·1 "Modification in any way of the~~¡¡:ili~¡m~:3ng.description terminates liability of Professional Land Surveyors Paul N, Scherbel Wyo, Registration No, 164 Ulah Regislralion No, 1670 Idaho Regislralion No, 3990 Nevada Reglslretion No, 680S Scoll A, Scherbel Wyo, Regislration No, 3889 Idaho Registration No, 8026 Utah Registralion No, 372111 MARLOWE A, SCHERBEL Wyo, Regislralion No, 5368 Surveyor Scherbel. LTD, Ahon. Wyoming Big Piney, Wyoming Jackson. Wyoming Lava Hol Springs, Idaho Monlpelier, Idaho ¡:!:~G0D~17" 1">.7 ~.,':;':'!';':';:¿?J .. ~h '...J DESCRIPTION FOR ¡~ili~f~mr~~~~~J¡¡~~~ ~ ~~; ;·;¡~~¡~;¡~~~~~t~~ t.00595 ~ ~ fP'S:\.n (5 .~ 0 0' Yf ., ,.' U ROBERT L. McFARLAND AND CECILIA G. McFARLAND HOUSE TRACT To-wit: - - That part of the SWYiNWYi of Section 14, T35N Rl19W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln COlmty in Book 134 of Photostatic Records on page 600 and in Book 319 of Photostatic Records on page 574, described as follows: BEGINNING at the southwest point of that tract of record in said office in Book 392 of Photostatic Record on Page 474, on the easterly right-of-way line of U.S. Highway 89, SI0052'02"E, 269.71 feet from the northwest corner of said SW'I4NW'I4; thence N89°-58' -53"E, 238.22 feet, along the south line of said tract in Book 392 to a point; thence SOoo-09'-43"E, 145.41 feet, along a line parallel with said easterly right-of-way line, to a point; thence S89°-58'-53"W, 136.85 feet, along a line parallel with said north line, to a point; thence SOoo-09' -43"E, 20.03 feet, along a line parallel with said easterly right-of-way line, to a point; thence S89°-58'-53"W, 101.37 feet, along a line parallel with said north line, to a point on said easterly right-of-way line; thence NOoo-09'-43"W, 165.45 feet, along said easterly right-of-way line, to the POINT OF BEGINNING; ENCOMP AS SING an area of 0.84 acre, more or less; the BASE BEARING for this survey is the east line of the NEYi of Section 14, T35N R119W, being NORTH; TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land described as follows: BEGINNING at the southwest point of the above described tract on the easterly right- of-way line of U.S. Highway 89; thence N89°-58'-53"E, 101.37 feet, along a south line of said tract, to a point; thence NOoo-09'-43"W, 20.03 feet, along an east line of said tract, to a point; thence N89°-58'-53"E, 20.00 feet, along a south line of said tract, to a position; thence SOoo-09'-43"E, 50.03 feet, along a line parallel with said easterly right-of-way line, to a position; thence S89°-58'-53"W, 115.00 feet, along a line parallel with said north line, to a position on said easterly right-of-way line; thence NOoo-09'-43"W, 30.00 feet, along said easterly right-of-way line, to the POINT OF BEGINNING; each "comer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; , "Modification in any way of the foregoing description terminates liability of the surveyor" · , , n917~,.O - .. Prolesslonal Land Surveyors Paul N, Scherbel Wyo, Reglslratlon No, 164 Uteh Re'JÏstralion No, 1670 Idaho Registration No, 3990 Nevade Reglst,alion No, 6805 Scon A, Scheibel Wyo, Regislration No, 3889 Idaho RegJslration No, 8026 Utah Registration No, 372111 MARLOWE A, SCHERBEL Wyo, Regislretion No, 5368 Surveyor Scherbel, LTD, Ahon, Wyo'¡'¡ng Big Piney. Wyoming Jackson, Wyoming Lava Hol Springs. Idaho Montpelie" Idaho DESCRIPTION FOR ROBERT L. McFARLAND AND CECILIA G. McFARLAND HOUSE TRACT PAGE TWO ~ 000596 ...... . each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROBERT 1. MCFARLAND AND CECILIA G. MCFARLAND PLAT OF TRACTS WITHIN THE NWv..SECTION 14 T35N R119W LINCOLN COUNTY, WYO G", dated 12 Nov 004, as revised. "Modification in any way of the f~:!!1¡¡:¡*¡¡¡¡¡¡¡¡¡::t, description terminates liability of thi:,;:!iMi1illi[WJ¡i~¡or" \,J,~.UOO:iæl..~.;:::I