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HomeMy WebLinkAbout917264 "I::\,I::IVI::U "t/;J/¿UUO ë::U'+.U'+ t"'IVI RECEIVING # 917264 BOOK: 616 PAGE: 328 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~.üED OF TRUST O n n ("'\ f' 8 . \ . .J' ~ .J \;.. ¡;..., AMT 80-4099.2 THIS DEED OF TRUST is granted by ROGER LINDE, all ullmarried mall, as GRANTOR, to AMEmTITLE, INC., an Oregon Corporation, as TRUSTEE, for KRIö WRIGHT, a married mall dealillg with his sole alld separate property, as BENEFICIARY. WITNESSETH: Gran/or does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUSTL WITH POWER OF SALE, tire fof{owing described real property, to wit: Lot 17 of Eiden Addition to tlte Town of LaBarge, Lincoln County, Wyoming as described on tlte official plat of tlte Scltmid Addition and tlte Eiden Addition to tlte TOWIl of LaBarge filed on 7/06/1993 as [¡tstrument No. 767481 of tlte records of tlte Lbtcol1t County Clerk. TOGETHER WITH any and af{ improvements, water and ditclr rights, easements, tenements, Irereditaments and appurtenances tlrereunto belonging or in anywise appertainil'g, and any reversion, remainder, rents, issues and profits tlrereof For tire Purpose of Securing: I. Performance of eaclr agreement of Grantor Irerein contained. 2. Payment of tire indebtedness evidenced by a promissory note of even date Irerewitlr, and IIIIY extension or renewaltlrereof, In the principal sum of ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000.00), thefinal payment of principal and interest tlrereof, ifnot sooner paid. to be finally due and payable March 24, 2007. 3. Parment of all suclr furtlrer sums as may Irereafter be loaned or advanced by tire Beneficiary for any purpose; and any notes, drafts and/or otlrer instrumellls representing suclr jimlrer loans. advances or expenditures slraf{ be optional witlr tire Beneficiary, and sir all become due and payable no later tlran the final maturity date of said note secured Irereby; and provided jimlrer, tlrat it is tire express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid all suclr loans. advances or expenditures togetlrer witlr interesttlrereon. A. To protect the security of tlris Deed of Trust, Grantor covenants and agrees: /. To keep said property in good condition and repair,' to not remove or demolislr any building tlrereon; to complete or restore promptly and in /I good workmllllslriplike manner any 'rmprovement whiclr may be constructed. dam/lged or destroyed tlrereon; to pay wlren dlle 011 cI/lims for l/lbor perfomled and m/lterials furnislred thereto or tlrerefor,' to co;"ply witlr alll/lws affecting said property or requiring any alterations or improvements to be made tlrereon; to not cOlI/mit or permit waste tlrereof or thereon,' to not commit, suffer or permit any act upon said property in violation of I/lw; to cultivate, irrigate, fertilize, fumigate, prune /lnd do all otlrer acts which from the clraracter or; use of said property may be re/lson/lbly necessary, tire specific enumerations herein not excluding tire general. 2. To provide, maintain and deliver fire insurance satisfactor)' and witlr loss payable to Beneficiary. 17le amount collected under any fire or otlre: insurance policy may. at Beneficiary's option and determination, be applied upon any indebtedness secured Irereby in such order as Beneficiary determines, be released to Grantor in wlrole or part, or any combination tlrereof Such application or release slrall not cure or waive any default or notice of default Irereunder or invalidate any act done p'lrsuant to suclr notice. 3. To appear in and defend any action or proceeding purporting to affect the security Irereof or tire riglrts or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of title evidence and any reasonable at/orney 's fees, in any suclr action or proceeding wlriclr Beneficiary or Trustee may appear. 4. To pay at least ten days before delinquency af{ taxes and assessments affecting s/lid property; to pay when due af{ encumbmnces. clrarges and liens" witlr int/trest. affecting said property whiclr are or may appear to be prior or superior Irereto; and to pay af{ costs. fees and expenses of tlris Trust. In addition to tire payments due in accordance witlr tire terms of tire note Irereby secured, tire Grantor slraf{, attire option IIIld 0/; demand of tire Beneficiary, payeaclr month one-tweltlr (///2) of the estimated anlllllllt(lJ(es, assessments, insurance premiums. maintenance and otlrer charges upon tire property. nevertlreless in trust for Grantor's use and benefit and for the payment by the Beneficiary of any suclr items when due. Grantor's failure to so pay slrall constitute a default under this trust. ' 5. To pay immediately and witlrout demand af{ SlIms expended by Beneficiary or Trustee pllrsllllnt to the prov{.uons hereof, with interest from date of expenditure, at a rate equal to tire interest rate payable IlIIder the promissory note described above or twelve percent (/2%) per annum, whiclrever is greater. 6. Should Grantor fail to make any p/lymenl or to do /lny act as Irerein provided, then Benefici/lry or Trustee, but witlrout obligation so to do and without notice or dem/lnd upon Grantor /lnd witlrom releasing Grantor from /lny oblig/ltion hereof, m/lY: m/lke or do tire s/lme in suclr m/lnner /lnd to such extent os eitlrer may deem necessary to protect tire security hereof, Benefici/lry or TnlS/ee being autlrorized to enter upon said property for suclr purposes; appear in and defend any action or proceeding purpol'ling to affect the security hereof or the riglrts or powers of Beneficiary or Trustee; P/lY, purch/lse, contest or compromise any encumbrance, charge or lien which in thejlldgment of eitlrer appears to be prior or superior hereto; and in exercising any suclr powers or in enforcing this Deed of Tn/st by judicialforeclosure or otherwise, pay tire necessary expenses, costs and reasonable at/orney 's fees. B. It is ",utually agreed: ¡, Any award of damages in connection witlr /lny condemnation for public use of or injury to s/lid property or any parttlrereof, is hereby assigned /lnd sholl be paid to Beneficiary wlro may apply or rele/lse such monies received by lrim in tire s/lme manner and with tire sall/e effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting p/lyment of any sum secured Irereby after its due date, Beneficiary does not waive Iris riglrt either to require prompt payment when due of af{ other SlIms so secured or to declare default for failure so to pay. 3. At any time or from time to time, witlrout liability tlrerefor and witlrout notice. upon writ/en request of Beneficiary and presentation of this Deed IIIld said note for endorsement, and witlrout affectillg tire personal liability of any personfor payment of tire indebtedness secured Irereby, Tnlstee may: reconvey all or any part of said property; consent to tire making of any map or plattlrereof,' join in granting any easement thereon; or join in any extension agreement or any agreement subordinating tire lien or charge hereof 4. Upon writ/en request of Beneficiary stating tlrat all SlIms secured Irereby Irave been paid, surrender of the note aforedescribed and this Deed to tire Tn/stee for cancellation IIIld re/ention, and upon payment of tire Tn/stee's fees, Tn/stee shall reconvey, without warranty, the property tlren held hereunder. 17,e recitals in any reconveyance executed hereunder of any mailers or facts shall be conclusive proof of the trlltlrfulness thereof 17le Grantee in such reconveyance may be described as "the person or persons legally entitled thereto ". 5. As additional security. Grantor Irereby gives to and confers upon Beneficiary the right, power and authority, during the continuance oftlrese Trusts, to collect the rents. issues and profits of said propel'ly as tlrey become due and payable,' Reserving Irowever unto Grantor, prior to any default by Grantor in p/lyment of any indebtedness secured hereby or in performance of any agreement hereunder. the right to collect and retain such relllS, issues and profits. Upon any such default, Beneficiary may at any time witlrout notice, eitlrer in person. by agent or court appointed receiver. and without regard to tire adequacy of any security for the ;"debtedness hereby secured, enter upon /lnd take possession of said property or any parttlrereof, in his own n/lme sue for or othenvise collect such rents. issues and profits, includi/'g those past due and unpaid, and apply tire same, less costs and expenses of operation and collection. including reasonable at/orney 's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. 17le entering upon and taking possession of said property, tire collection of such rents, issues and profits and the applicatiO/I thereof as aforesaid. shall not cure or wah'e any default Irereunder or invalidate any act done pursulIIl~ to any such default notice. 6. Upon default by Grantor in payment of any indebtedness secured hereby or in performllllce of any agreement Irereunder, all sums secured Irereby slrall immediately become due a/ld payable at the optio/l of the Be/leficiary. At the optio/l of Beneficiary, ,he Beneficiary may enforce tire obligations of this Deed of Tn/st. or the obligations of the Grantor secured hereby, through any and all means authorized under tire laws of the State of ldallO. 7. Trustee is /lot obligated to /lotify any party Irereto of pendillg sale under any other Deed of Tmst or of allY action or proceeding in which Grantor, Beneficiary or Tn/stee slrall be a party. 8. 17lis Deed of Trust applies to. i/lures to the benefit of a/ld binds all parties hereto, their heirs, devisees, personal representatives, successors and assigns. 17le term Beneficiary shall mean the holder and owner of the /lote secured hereby,' or if tire note Iras been pledged, the pledgee tlrereof In this Deed of Tn/st, wherever tire context so requires. tire masculine gender includes the feminine and/or /lelller, a/ld tire singular number includes the plural, ~¡m~~~~~~~i~;l ' o~:¡0::j?r6t~ Iflffiillm P:Jl~.~ 9 9. DUE ON SALE: This loall is persollal to Gralltor alld is IlOt assigllable. IlImakillg it, Belleficiary has relied 011 Gralltor's cred(t, Gralltor's illterest ill the trust property, alld fillallcialmarket cOllditiolls at the time this loall is made. If Gralltor trallsfers, or cOlltracts to trallsfer, title to or possessioll oj, all or part of the property, or allY equitable illterest thereill, whether by deed, cOlltract for deed, assigllmellt, lease for a term ill excess of olle year, lease with all OptiOIl to pure/!ase, optioll to pure/lase, or similar agreemellt, Belleficiary may declare all slims IIlIder allY IlDte(s), agreemellt(s) amI/or security illstrumellt(s) associated herewith immediately due alld payable. NOllcompliallce with the terms alld cOllditiolls of this paragraph shall cOllstitute alld be a default of this obligatioll from which there shall be IlO redemptioll or cure alld which default shall elltitle Belleficiary to effectuate allY alld all remedies provided ill allY 1I0te(s), agreemellt(s} amI/or security illstrumellt(s) associated herewith. Dated: MardI 24. 2006 ,~;b4 Roger . de STATE OF IDAHO ) ) ss COUNTY OF Bonneville ) ~7 On March}1/¡. 2006 . before me, the undersigned, personally appeared REQUEST FOR FULL RECONVEYANCE (To be used only when note has been paid) Roger Linde TIle undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured have been fully paid. You are hereby requested and directed to cancel all evidences of indebtedness secured by said Deed of TnlSl and to reconvey. without warranty, the estate now held by you under the same. THE PROMISSORY NOTE OR NOTES, AND EVIDENCES OF FURTHER AND/OR ADDITIONAL ADVANCES MUST BE PRESENTED WITH THIS REQUEST. Please deliver Reconveyance to the following: Nole Owner(s) NOTARY PUBLIC JEANNEE NANGLE STATE OF IDAHO