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RECEIVED 4/26/2006 at 4:20 PM
RECEIVING # 917803
BOOK: 617 PAGE: 892
JEANNE WAGNER
CLERK KEMMERER. WY
LINCOLN COUNTY Pn,'. . ..__.n _. ......n..· .-'
Space Above This Line For Recording Data
MORTGAGE
DATE AND PARTIES. The date of this Mortgage (Security Instrument) is April 4, 2006. The parties and their
addresses are:
MORTGAGOR:
DENNIS HACKLlN
an unmarried person
P.O. Box 74
laBarge, Wyoming 83123
LENDER:
FIRST NATIONAL BANK OF PINEDALE
Organized and existing under the laws of Wyoming
P.O. Box 519
61 E. Pine Street
Pinedale, Wyoming 82941
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and
to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants,
bargains, conveys, mortgages and warrants to lender, with the power of sale, the following described property:
Lots 1 and 2 of Block 7 of Alleman Second Addition to the Town of laBarge, Lincoln County, Wyoming as
described on the official plat No. 332B filed November 29,1989 as Instrument No. 711017 of the records Lincoln
County Clerk.
The pr,operty is located in Lincoln County at , LaBarge, Wyoinin9 .
Together with all rights, easements, appurtenances¡ royalties, mineràl rights, oil and gas rights, crops, timber, all
diversion payments or" third party payments made to crop producers and all exis'ting and future improvements,
structures, fixtures, and replacements that may now, or at any time. in the future, be part of the real estate
described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all
underlying agreements have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at anyone time
will not exceed $29,187.00. This limitation of amount does not include interest and other fees and charges validly
made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms
of this Security Instrument to protect lender's security and to perform any of the covenants contained in this
Security Instrument.
3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the
following:
A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
replacements. A promissory note or other agreement, No. 11 0065588, dated April 4, 2006, from Hack's
Construction, Inc. (Borrower) to Lender, with a loan amount of $29,187.00 and maturing on April 4, 2011.
B. Sums Advanced. All sums advanced and expenses incurred by lender under the terms of this Security
Instrument.
4. PAYMENTS. . Mortgagor agr'eesthat ,all payments under the Secured Debts will be paid when due and in
accòrdance with the terms of the Secured Debts and this Security Instrument.
5.. PRIOR SECURITY INTERESTS. With. regard to any other mortgage, deed of trust, security agreement or other
lien document that c.reateda prior security interest or encumbrance ôn the Property, Mortgagor agrees:'
A. To mak~ all payments when due and to perform or comply with all covenants.
B. To promptly deliver to lender any notices that Mortgagor receives from the holder.
Hack's Construction. Inc.
Wyoming Mortgage
WY /4sgulbran009371 00005188048040406Y
C1996 8ankers Systems, Inc., St. Cloud, MN ~.
Initi~
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0917803
COOS93
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without lender's prior written consent.
6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to
provide to lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's
payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security
Instrument. Mortgagor agrees to assign to lender, as requested by lender, any rights, claims or defenses
Mortgagor may have against parties who supply labor or materials to maintain or improve the Property.
7. DUE ON SALE OR ENCUMBRANCE. lender may, at its option, declare' the entire balance of the Secured Debt
to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance,
transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law
(12 C.F.R. 591), as applicable.
8. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security
Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing
Mortgagor or to which Mortgagor is a party.
9. PROPERTY CONDITION, ALTERATIONS AND INSPECTIQN. Mortgagor Will ~eep the Property in g()od condition
and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or
deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor
agrees that the nature of the occupancy and use will not substantially change without lender's prior written
consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without lender's
prior written consent. Mortgagor will notify lender of all demands, proceedings, claims, and actions against
Mortgagor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without lender's prior written conSent
except that Mortgagor has the right to remove items of personal property comprising a part of the Property that
become worn or obsolete, provided that such personal property is replaced with other personal property at least
equal in value .to the replaced personal property, free from any title retention device, security agreement or other
encumbrance. Such replacemênt of personal property will be deemed subject to the security interest created by
this Security Instrument. Mortgagor will not partition or subdivide the Property without lender's prior written
consent. .
lender or lender's agents may, at lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property. lender will give Mortgagor notice at the time of or before an inspection specifying a
reasonable purpose for the inspection. Any inspection of the Property will be entirely for lender's benefit and
Mortgagor will in no way rely on lender's inspection.
10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this
Security Instrument, lender may, without notice, perform or cause them to be performed. Mortgagor appoints
lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. lender's right
to perform for Mortgagor will not create an obligation to perform, and lender's failure to perform will not preclude
lender from exercising any of lender's other rights under the law or this Security Instrument. If any construction
on the Property is discontinued or not carried on in a reasonable manner, lender may take all steps necessary to
protect lender's security interest in the Property, including completion of the construction.
11. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Payments. Mortgagor or Borrower fail to make a payment in full when due.
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf
of, application of any debtor relief law, the assignment for the benefit of creditors by' or on behalf of, the
voluntary or involuntary termination of. existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief láiN by or
against Mortgagor, Borrower, or any co·signer, endorser, surety or guarantor of this Security Instrument or any
other obligations Borrower has with lender.
C. Death or Incompetency. Mortgagor dies or is declared legally incompetent.
D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this
Security Instrument.
E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender.
G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information
that is untrue, inaccurate" or conceals a material fact at the time it is made or provided.
H. Judgment. Mortgagorfails to satisfy or appeal any judgment against Mortgagor.
I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying
lender before making such a change.
K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This
condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the
DUE ON SALE section.
L. Property Value. lender determines in good faith that the value of the Property has declined or is impaired.
'. .
M. Insecurity. Lender determines in good fait 1 that a material adverse change has occurred in Borrower's
financial condition from the conditions se.t forth in Borrower's most recent financial státelTlent before the date of
this Security Instrument or that the prospect for payment or perform"ance of theS~cured Debts is impiiÏred for
any reason.
Hack's Construction, Inc.
Wyoming Mortgage
WY 14sgulbran009 7100005188048040406Y
C1996 Bankers S stems, Inc., St. Cloud, MN ~
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12. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or
in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any
amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under
the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available
on Mortgagor's default.
- ~.' . . .' -, . ~ '. '
Subject to any right to cure, required time schedules or any othernoti.c~ rights Mortgagor may have under federal
and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts
immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a
default or anytime thereafter.
Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the
property sold to the purchaser or purchasers. Under this special or limited warranty deed, Lender will covenant
that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will
specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims
and demand of all persons claiming by, through or under Lender. The recitals in any deed of conveyance will be
prima facie evidence of the facts set forth therein.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not
constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising
any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens
again.
13. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
under this Security Instrument or any other document relating to the Secured Debts. Mortgagor agrees to pay
expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property
from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees after default
and referral to an attorney not· a salaried employee of the Lender.. These expenses are due and payable
immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full
at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent
permitted by the United States Bankrúptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees incurred
by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or
against Mortgagor.
14. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,
42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney
general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public
health, safety, welfare or environment. The term includes, without limitation, any substances defined as
"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is,
or will be located, transported, manufäctured, treated, refined, or handled by any person on, under or about the
Property, except in the ordinary course of business and in strict compliance with all applicable Environmental
Law.
B. Except as previously .disclosed andacknowiedged in writing to Lender~ Mortgagor has not and will not cause,
contribute to, or permit the release of any Hazardous Substance on the Property.
C. Mortgagor will immediately 'notify Lender if (1) a release or threatened release of Hazardous Substance
occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is
a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all
necessary remedial action in accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
(1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any
tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor
has reason to believe the.re is any such pending or threatened investigation, claim, or proceeding. In such an
event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to
receive copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have
been, are and will remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
added unless Lender first consents in writing.
G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and
confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and
complied with.
H. MortgagÓfwill permit, or-cause ànytenant to permit, Lender or Lender's agent to enter and inspect the
Property and 'reviewall records at any reasohable time to determine- (1) the existence, location and nature of
any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of
Hack's Construction, Inc.
Wyoming Mortgage
WY/4sgulbran00937100005188048040406Y
C1996 Bankers Systems, Inc., St. Cloud, MN ~
Init
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whether or not
any Hazardous Substance that has been released on; under or about the Property; or (3)
Mortgagor and any tenant are in compliance with applicable Environmental Law.
I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified
environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
approval.
J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at
Mortgagor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all
losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses,
including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or
assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return
Mortgagor will provide Lender with collateral of at least equal value to the Property without prejudice to any of
Lender's rights under this Security Instrument.
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this
section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title
to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary
are hereby waived.
15. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or
public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or
claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a
condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and
will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any
prior mortgage, deed of trust, security agreement or other lien document.
16. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and
insurance in escrow.
17. CO-SIGNERS. If Mortgagor signs this Security Instrument but is not otherwise obligated to pay the Secured
Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured
Debts and Mortgagor does not agree by signing this Security Instrument to be personally liable on the Secured
Debts. If this Security Instrument secures a guaranty betWeen Lender and Mortgagor, Mortgagor agrees to waive
any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted
under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws.
18. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating
to the Property.
19. FIXTURE FILING. Mortgagor gives to Lender a security interest in all goods that Mortgagor owns now or in the
future and that are or will become fixtures related to the Property.
20. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, the United States of
America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the
extent such state laws are preempted by federal law.
21. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security
Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually
or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be
obligated under this Security Instrument for the remaining Property. Mortgagor agrees that Lender and any party
to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any
evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this
Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and
assigns of Lender and Mortgagor.
22. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified
by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing
and executed by Mortgagor and Lender. This Security Instrument and any other documents relating to the Secured
Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is
unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be
enforceable.
23. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
section headings are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument.
24. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's
address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one
Mortgagor will be deemed to be notice to all Mortgagors. Mortgagor will inform Lender in writing of any change in
Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial
statements or information Lender requests. All financial statements and information Mortgagor gives Lender will
be correct and complete. Mortgagor agrees to pay all expenses, charges and taxes in connection with the
preparation and recording òf this Security Instrument. Mortgagor agrees to sign, deliver, and file any additional
documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's
obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor
agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of
the essence.
Hack's Construction, Inc.
Wyoming Mortgage
WY/4sgulbranOO 0 05188048040406Y
@1996 8anke(~.S.xst!,ms, Inc., St. Cloud, MN ~
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SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument.
Mortgagor also acknowledges receipt of a copy of this Security Instrument.
LENDER:
~
(A ttest)
ACKNOWLEDGMENT.
_(~al) 0
This instrument was ack wledg d before me this
Dennis Hacklin, an unmarried person.
My commission expires:
OF~
.y¥J1 day of
;?ðÒ ¿,
by
My Commission Expires Oct 6. 2008
KA'RÊN -;m~~ARY PUBLIC
COllN1Y OF .~ "T."T
SUBLEDr: i" ,... E OF
WYOMING
MY COMMI~O~: EX~~t¡E~R 6, 2008
(l.~CknOWI.~~m.ntl OF ~~
This instrument was ack wledg d before me this ¿1'#1 day of
Kenneth E. Transtrum as Vice President of First National Bank of Pinedale.
My commission expires:
(Notary Public)
:2oò j by
:(
My COmmission Expires Oct. 6, 2008
KAREN HINES
COUNTY OF
SUBLETTE
NOTARY PUBLIC
STATE OF
WYOMING
Hack's Construction, Inc.
Wyoming Mortgage
WY 14sgulbran009371 00005188048040406Y
C1996 Bankers Systems, Inc., St. Cloud, MN ~
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