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HomeMy WebLinkAbout919290 ~---------- -- - ----- ------ ---- ---- ~ RECEIVED 6/13/2006 at 4:03 PM RECEIVING # 919290 BOOK: 623 PAGE: 171 JEANNE WAGNER THIS DEED OF TRUST, Made this 9th day of June 2006 LINCOLN COUNTY CLERK, KEMMERER, WY BETWEEN: Jason C Inskeep and Brenda J Inskeep, husband and wife, herein called Grantor, whose address P.O. Box 961 Afton, WY 83110 and Alliance Title Herein called TRUSTEE, and BEEHIVE FEDERAL CREDIT UNION, herein called BENEFICIARY whose address is P.O. Box 40 1 65 South Center, Rexburg, ID 83440-0040. DEED Or TRUST r'f"'\ 1_luOl?1 WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of Lincoln, State of Wyoming, described as follows, and containing not more than forty acres: Lot 53 of Rockbridge Meadows First Addition to the Town of Afton, Lincoln County, Wyoming as described on the official Plat No. 360-D filed on July 14,2005, as Instrument No. 909983 of the records of the Lincoln County Clerk. TOGETLTER \1rTTH ·h ø'·' . ..1. "fi" 1,' . f <;:'",J) ("" co..,. nrr:~ t;'n , .'."~; \-.. ~~n' ~., ".d .,,,+ ,,,..·t,, \.,~..p' ,,""n . ',,~ t,", d ' ....., vv., ,... ~J. oe r",rl(S;y !,~,~ue$ :L.'1~ iJI'v .1,~!; t.....~r~,c...,. -~.~JE- ~,'... ....... .,.....:. l.......~,'"' lO, Ll1,,", .I.,.g,P,L, pv ~,;e.. 41.... ,'~.......,.....~:a..1 J .u.~,..."".1n"Lh.,J" g~, t::n 0 an conferred upön Beneficiary to collect and apply such rents, issues and profits. . For the Purpose of Securing payment of the indebtedness evider.ced by a promissory note, of even date herewith, executed by Grantor in the sum of Twenty Two Thousand One Hundred Fifty Six Dollars ($22,156.00) fmal payment due June 15, 2012 to secure payment of all such further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein, or any or either of them, while record owner of PRESENT interest, for any purpose, and of any notes, drafts or other instruments representing such further loans, advances or expenditures together with interest on all such sums at the rate therein provided. Provided, however, that the making of such further loans, advances or expenditures shall be opti¡:mal with the Beneficiary, and provided, further, that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid for all such advances together with interest thereon. A. To protect the security ofthis Deed of Trust, Grantor agrees: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner "any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alteration or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character of use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2. To provide, maintain and deliver ro Beneficiary fire insurance satisfactory to and with loss payable to beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may detennine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to 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 Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. To pay: at least ten days before delinquency all taxes and assessments affecting said property, when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior to superior hereto; all costs, fees and expenses of this Trust. In addition to the payments due in accordance with the terms of the note hereby secured the grantor shall at the option and on demand of the Beneficiary, pay each month 1/12 of the estimated annual taxes, assessments, insurance premiums, maintenance and other charges upon the property, nevertheless in trust for Grantor's use and benefit and for the payment by Beneficiary of any such items when due. Grantor's failure so to pay shall constitute a default under this trust. 5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof, with interest for date of expenditure at the rate of interest specified in the above descried promissory note. 6. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Grantor and without 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 Trustee being authorized to enter upon said property for such purposes; appear in and defend any action proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, or in enforcing this Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable fees. B. It is mutually agreed that: 1. Any awàrd of damages in connection with any condemnation for public use of or injury to SAID property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insuranc". . 2. By acct:ptillg paYII.t:fÜ uî au; "UIL: St:C';ft,;ù Ì1i:.t:0y <..ì:<.:. j.::; .::UC Ù<itt:, í.kllcf.ciary ÙJt:~ nut waive his rigllL either to require prompt payment when due of all other sums so secured or to declare for failure so to pay. 3. At any time or from time to time, without liability therefore and without notice, upon written request of Beneficiary and presentation of this Deed and SAID note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee 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 written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said not to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in any reconveyance executed under this deed of trust of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be dcscribed as "the person or persons legally entitled thereto." 5. As additional security, Grantor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Grantor the right, prior to any default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, whether in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possessi ,;¡:':;;:;:;~[©~jD property or any part and thereof, in hh:;:¡:;:¡:¡:¡:m:¡:¡::'ime sue for or otherwise collect such renG:':::C:::ii¡i:::i:i!;i:and profits, :¡Wi~J!;i!!*~:\:;;:;i;j!: :~:::::::::~:j~:::::: tililSlli~;~W 0919~90 COG172 including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6. Upon default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In the event of default, Beneficiary shall execute or cause the Trustee to execute such notice to be recorded in the office of the recorder of each county wherein said real property or some part thereof is situated. . Notice of sale having been given as then required by law, and not less than the time them required by law having elapsed, Trustee, without demand on Grantor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchase its deed conveying the property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Grantor, Trustee, or Beneficiary, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the above described promissory note; all other sums then secured hereby; and the remainder; if any, to the person or persòns legally entitled thereto. 7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors a..'1d assigns. The term B,e'.letidaiysh¡¡J1 j'nern; the: hú:d'~r ¡¡rlJ CWfe, o[ thenot~ secure hereby; 01", iÎthe note has been pledged, the pledgee thereof. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 8. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Beneficiary or Trustee shall be a party unless brought by Trustee. 9. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a trustee or trustees to execute the trust hereby created, and when any such substitution has been filed for record in the office of the Recorder of the county in which the property herein described is situated, it shall be conclusive evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall succeed to all of the powers and duties of the trustee or trustees named herein. Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to the Grantor at his address hereinbefore set forth. ~~c~ Jason C Inskeep ¿/~~ a. ~<£i/LI'''> Brenda J Inskeep C/ STATE OF IDAHO, COUNTY OF BONNEVILLE a;-r,th:,:'9~h,da)" {rr!r:~'é,2!X~£, before me a Notary Public in and for said State, personally appeared Jason C Inskeep and Brenda J Inskeep Known to me to be the person(s) whose name(s) islare subscribed to the within instrument, and acknowledged to me that he!she/iliey execur¡ame.,. í~ ~dricks Notary Public , Residing at Idaho Falls, ID ~ì q Commission Expires t'J ~ 7-u L "'''''''''1t, .........."~~ HENO "" .::::- ~<¿. """"\\1"11'. ~J.. '1" ff~ j"o "A.~/~~~\ -~=~ ~tJ~ ~ ~ ~ "- , ~ -. ~ ! ~ ~ , - , ." ~ :: .. "/ (I)';, ,~ -0 - ~ ~111,oJ_\'\v..f... z ~ ..ð I'I, ""'tS ~,.$' :"Ç.:;: II, .., ~III\I\\""""^" ,$ IJII~ /::- Of \'v ~ IIII\\\\\\""'~ REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid Idaho Falls" Idaho, Date:. The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured thereby ha,le been P.!!!y pa¡~. Y c:: are herèy r~q:ref:t::d ~nd d¡~~ct:':d tG '::::::3! c!! <;v:dc:;cc::; cf ¡hdçb~cdn~S3' SCCUi'(;d lJy sãidDce-d of Trust dIal to reconvey, without warranty, the estate now held by yoú under the same. BEEHIVE FEDERAL CREDIT UNION By: THE PROMISSARY NOTE OR NOTES, AND ANY OTHER EVIDENCES OF FURTHER AND/OR ADDITIONAL ADVANCES MUST BE PRESENTED WITH THIS REQUEST. r.,·¡,I· ·.·.~i·;· ·.· ,~ ¡' "'i4i ,I.tl¡ '."!¡';~.i;¡'. ~~:~~~::~:t:~:::~