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RECEIVING # 917265
BOOK: 616 PAGE: 330
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER,
COO~~30
AMT 80-40991
WVOBED OF TRUST
THIS DEED OF TRUST is grall/ed by ROGER LINDE, all ullmarried mall, as GRANTOR,
/0 AMER'ITITLE, INC., all Oregoll Corporatioll, as TRUSTEE, for
KRI8 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 TRUS~ WITH POWER OF SALE, the following described real property,
to wit:
7., _
,i
"\
1
Lot 1 Eiden Addition to the Town of LaBarge, Lincoln COllnty, Wyoming as described on the official
plat of the Schmid Addition and Eiden Addition to the Town of LaBarge filed on 7/06/1993 as
Instrument No. 767481 of the records of the Lincoln COllnty Clerk.
TOGETHER WITH any and all improvements, water and ditch rights, easements, tenemelllS, hereditamell/s and appurtenances thereunto belonging or in
anywise appertaining. and any reversion, remainder, rents. issues and profits thereof
For the Purpose of Securing:
I. Performance of eacll agreement of Grall/or herein contained.
2. Paymelll 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 ($100,000.00), the final payment of principal and interest thereof, ifnot sooner paid, to
be finally due and payable March 24, 2007.
3. Pa)'IIlent of all sllch further slims as may hereafter be loaned or advanced by the Beneficiary for any purpose,' and any notes, drafts andlor ather instrllments
representing such fllrther loans, advances or expendill/res shall be optional with the Beneficiary, and shall become due and payable no later than the final mall/rity date
of said note secllred hereby,' and provided further, that it is the express intention of the parties to t/¡¡$ Deed of Trust that it shall stand as continuing security ull/il paid all
sllch loans, advances or expenditures together with interest thereon.
A. To protect the security of this Deed of Tl'llst, Grantor covenants and agrees:
I. To keep said property in goad condition and repair,' to not remove or demolish any bllilding thereon,' to complete or restore promptly and in a good workmmlshiplike
manner any'ïmprovement which may be constructed, damaged or destroyed thereOlI; to pay when dlle all claims for labor performed and materials furnished 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, sllffer or permit any act upon said property in violation of law,' to cultivate, irrigate, fertilize, fllmigate, prllne and do all other acts w/¡¡ch from the character
or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
2. To provide. maintain and deliver fire insllrance satisfactol)' and with loss payable to Beneficiary. 17le amount collected under any fire or othe} insurance policy may,
at Beneficiary's option and determination. be applied IIpon any indebtedness secllred hereby in such order as Beneficiary determines, be released to Grantor in whale or
part, or any combination thereof Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pllrsl/Untto such
notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trllstee; and to pay all costs and
expenses, including cost of title· evidence and any reasonable attol'lley 's fees, in any such action or proceeding w/¡¡ch Beneficiary or Tn/stee may appear.
4. To pay at least ten days before delinquency all taxes and assessments affecting said property; to pay when due all encumbrances, charges and liens, with interest,
affecting said property which are or may appear to be prior or superior hereto,' and to pay all costs, fees and expenses of t/¡¡s Tn/st. In addition to the payments due in
accordance with the terms of tile note hereby secured, the Grantor shall, at/he option and on demand of the Beneficiary, pay each month one-lWelth (1112) of the estimated
annual taxes, assessments, insurance premiums. maill/enance and ather charges upon the property, nevertheless intn/st for Grantor's use and benefit and for the payment
by the Beneficiary of any such items when cllle. Grantor's failllre to so pay shall constitute a default under this tn/st. '
5. To pay immecliately and withollt demand all SlIms expencled by Beneficiary or Tn/stee pursuant to the provjsions hereof, with interest from date of expenditure, at a
rate eqllalto the ill/erest rate payable lindeI' the promissory note described above or lWelve percent (J 2%) per ann 11m, whichever is greater.
6. Shollld Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Tn/stee, but withollt obligation so to do and without notice or demand
upon Grantor ami withollt releasing Grantor from any 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 Trllstee being authorized to enter upon said property far such purposes; appear in and defend any action or proceeding purporting
to affect the security hereof or the rights or powers of Beneficiary or T/'IIstee,' pay, purchase, contest or compromise any encumbrance, charge or lien which in the jlldgment
of either appears to be prior or superior hereto; and in exercising any such powers or in enforcing this Deed ofT/'IIst by judicial foreclosure or othenvise, pay the necessary
expenses, costs and reasonable attorlley 's fees.
B. It is m/lll/ally agreed:
I. Any award of damages in connectioll with any condemnation far ptÌblic IIse of or injury to said property or any part thereof, is hereby assigned and shall be paid to
Beneficiary who may apply or release sllch monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or
other insllrance.
2. By accepting payment of allY Sl/l/I secured hereby after its dlle date, Beneficiary does not waive his right either to reqllire prompt payment when due of all ather sums
so secured or to declare defalllt for failure so to pay.
3. At any time or from time to time, witholltliability therefor alld without notice, upon written request of Beneficiary and presentation of t/¡¡s Deed and said note for
endorsement, and without affecting the personal liability of any personfor payment of the indebtedness secured hereby, Tn/stee 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 writ/en request of Beneficiary stating that all sums secured hereby have been paid, surrender of the note aforedescribed and this Deed to the T/'IIstee for
cancellation and retention. and upon payment of the Trustee's fees, Tn/stee shall reconvey, without warranty, the property then held hereunder. The recitals in any
reconveyance execllled hereunder of any mat/ers or facts shall be conclllsive proof of the truthfulness thereof 17le Grantee in such reconveyance may be described as "the
person or persons legally entitled thereto".
5. As additional secllrity. Grantor hereby gives to and confers upon Beneficiary the right. power and authority, during the continuance of these Trusts, to collect the rents,
isslles and profits of said property as they become dlle and payable; Reserving however unto Grantor, prior to any default by Grantor in payment of any indebtedness secllred
hereby or in performance of allY agreement hereullder. the right to collect alld retain such rents, issl/es alld profits. Upon any sllch default, Beneficiary may at allY time
withoutllotice. either ill person. by agent or court appointed receiver, and without regard to the adequacy of any security for the indebtedness hereby secured, enter IIpOIl
alld take possession of said property or any part thereof, in his own name Slle for or otherwise collect such rents, iSSlles and profits, including those past due and ullpaid,
alld apply the same, less costs and expellses of operation and collection, ill eluding reasonable attorney's fees, Ilpon any indebtedness secured hereby, and in such order as
Beneficimy may determine. 17le entering upon and taking possession of said property, the collection of sllch rents, isslles and profits and the application thereof as aforesaid,
shall not cllre or waive any default hereunder or invalidate any act done pursuan! to any sllch default notice.
6. Upon default by Grantor in payment of allY indebtedness secllred hereby or in performance of any agreement herellnder, all sums secured hereby shall immediately
become due and payable at the option of the Beneficiary. At the optiOlI of Beneficiary, the Beneficiary lIIay enforce the obligations oft/¡¡s Deed of Trust, or the obligations
of the Grantor secured hereby, throllgh any and all means authorized lindeI' the laws of the State of Idaho.
7. Trllstee is not obligated to notify any party hereto of pending sale under any other Deed of T/'IIst or of any action or proceeding in which Grantor, Beneficiary or
Tn/stee shall be a party.
8. 17lis Deed of T/'IIst applies to, inllres to the benefit of and bÙlds all parties hereto, their heirs, devisees. personal representatives, successors and assigns. 17le term
Beneficiary shall mean the holder and owner of tile note secured hereby; or if the note has been pledged. the pledgee thereof 111 this Deed of Trust, wh/erever the context
so requires, the mascllline gender incllldes the feminine andlor nellter, and the singlllar IlllIIlber incllldes the plllral. '
mm§iliml~~!i:~~
0917265
C00331
9. DUE ON SALE: This loan is personal to Grantor and is ltot assignable. In making it, Beneficiary has relied OIl Grantor's cred(t,
Grantor's interest ill the trust property, and financial market conditions at the time this loan is made. If Grantor transfers, or COlltracts
to transfer, title to or possession of, all or part of the property, or any equitable interest therein, whether by deed, contract for deed,
assignment, lease for a term in excess of one year, lease with all option to purcl¡ase, option to purchase, or similar agreement,
Beneficiary may declare all slims IInder al'Y ltote(s), agreement(s) amI/or secllrity instrument(s) associated herewith immediately due
and payable. Noncompliance with the terms and conditions of tltis paragraph shall constitute and be a default of tltis obligation from
wltich there shall be no redemption or cllre alld which defalllt shall entitle Beneficiary to effectuate any and all remedies provided in
any /lote(s), agreement(s) amI/or secllrity blstrument(s) associated herewith.
STATE OF IDAHO )
) ss
COUNTY OF Bonneville )
~7
On March,ft. 2006 . before me, Ihe undersigned, personally appeared
REQUEST FOR FULL RECONVEYANCE
(To be used only when nole has been paM)
Roger Linde
The undersigned is Ihe legal owner and holder of all indebledness
secured by Ihe wi/hin Deed of TnlS/. All sums secured have been fully paid.
You are hereby requesled and direcled 10 cancel all evidences of indebledness
secured by said Deed of Trusl and 10 reconvey, wilhoul warranty, Ihe eslate
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.
~ß")t!
Please deliver Reconveyance to
the following:
Note Owner(s)
NOTARY PUBLIC
JEANNEE NANGLE
STATE OF IDAHO
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