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RECEIVED 8/11/2006 at 10:51 AM
RECEIVING # 921192
BOOK: 629 PAGE: 862
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
THIS MORTGAGE is given this ~.m. day of J\u:Es-~ Ç\ , 2006, by the
TOWN OF AFTON, a duly organized municipality existing under the laws of the STATE
OF WYOMING, hereinafter designated as MORTGAGOR, to the STATE OF
WYOMING, WYOMING WATER DEVELOPMENT COMMISSION, 6920 Yellowtail
Road, Cheyenne, Wyoming, 82002 hereinafter designated as MORTGAGEE, to secure
payment of the sum of EIGHTY-TWO THOUSAND FIVE HUNDRED DOLLARS
($82,500.00), together with interest thereon at the rate of four percent (4%) per annum
on the unpaid balance according to the terms of that certain promissory note bearing
even date herewith, given by said MORTGAGOR to said MORTGAGEE, which note
MORTGAGOR agrees to pay and which is hereby incorporated herein by reference and
made a part hereof;
000862 RJ072506/F
MORTGAGE
WITNESSETH: That said MORTGAGOR for and in consideration of the sum
aforesaid, the receipt whereof is hereby acknowledged and confessed, does hereby
mortgage, warrant, grant, pledge, assign, and convey unto the said MORTGAGEE, its
successors and assigns, its interest and enforceable rights presently held or hereafter
acquired in the following described property, real, personal and mixed, to wit: '
1. The water transmission pipeline and other construction financed
with Project funds as described in the Project Agreement entered into by the
parties on k,-, ~ ¥ ,~OO~ which Agreement is hereby incorporated
herein by reference and made a part hereof. Further all lands, easements,
access roads, structures, rights-of-way and all appurtenances of the Town of
Afton's water supply system, including all after-acquired property, to allow control
and operation thereof. The Afton East Alley Well which was developed with
financing from the Wyoming Water Development Commission prior to the
facilities constructed under this project is located in the SW1/4, SW1/4, Section
30,Township 32 North, Range 118 West of the 6th Prime Meridian, Lincoln
County, Wyoming, more particularly as lot 1, Block 20 of the Town of Afton;
2. The interest MORTGAGOR currently has or hereafter acquires in
the water rights recorded in the office of the Wyoming State Engineer as follows:
Permit 12154, Priority Date October 29, 1913
Transferred water rights per petition granted November12,1953, Order
Record Book 12, Pages 602-609
Territorial Proof 1802, Priority Date April 1 0,1886
Territorial Proof 1799, Priority Date April 15, 1886
Territorial Proofs
1747,1750,1751,1753,1754,1756,1757,1758,1759, 1760, 1761,
1762,1763,1764,1765,1766,1767,1768,1769,1770,1771, 1772,
1773,1774,1775,1776,1777,1778,1779,1780,1781, 1782, 1783,
1784,1785,1786,1787,1788,1789,1790, 1791,1792, 1793,1794,
1796, Priority Date May 8,1886
Territorial Proofs 1805 and 1806, Priority Date April 25,1888
Territorial Proofs 1826,1827,1828, Priority Date June 1,1888
Territorial Proofs 1835,1836,1837, Priority Date May 15, 1889
Permit 118 En!., Proofs 3302 and 3303, Priority Date June 8, 1895
Permit 2012, Proofs 11179 and 11180, Priority Date November 16,1898
Permit 872 En!., Proof 6362, Priority Date June 24, 1902
Permit 1006 En!., Proof 6369, Priority Date March 7,1903
Permit 6663, Proof 6787, Priority Date April 17, 1905
AFTON2006WELLMORTGAGE
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000863
The water rights listed above have changed the point of diversion and
means of conveyance and source as granted by the Board of Control in
Petition Docket IV-91-1-9, filed February 20,1991, granted February 27,
1991.
Permit 5676 En!., Priority Date February 27, 1991
Well Permit UW 86364
Well Permit UW 91531, and;
Well Permit UW 172886
3. The pledge and assignment of the MORTGAGOR of funds
currently held and revenues generated by the operation of the water system, in
an amount sufficient to meet loan amortization requirements, and to provide a
separate fund to meet repair and maintenance costs for the Project. The
MORTGAGOR'S Pledge and Assignment of Revenues is incorporated herein by
reference.
4. Any and all permits required for construction of this Project and
subsequent operation and maintenance of the town's water supply system. The
conditions of this mortgage are such that if the MORTGAGOR well and truly
pays the Promissory Note hereinabove referenced, according to the terms
thereof, this mortgage shall be null and void, otherwise to remain in full fdrce and
effect.
MORTGAGOR shall pay all taxes, liens, judgments, assessments or insurance
or any interest thereon, and in case default be made in payment of the principal, or any
installment thereof, or any installment of interest as provided in said Promissory Note,
then the whole sum of principal and interest shall become due and payable at the
option of MORTGAGEE, and MORTGAGEE may proceed pursuant to law, to foreclose
on said property, and out of the proceeds from such foreclosure, the MORTGAGEE
shall retain all sums due it under said Promissory Note, together with the costs and
charges of making such foreclosure, including a reasonable attorney's fee.
The provisions of this mortgage shall apply to and be binding upon the
representatives, successors and assigns of the respective parties hereto.
INTENTIONALLY LEFT BLANK
AFTON2006W ELLMORTGAG E
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000864
RJ072506/F
IN WITNESS WHEREOF, the MORTGAGOR by and through its duly authorized
representatives, has hereunto set their hands and seal on the day and year first above
written.
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'tiS ~okanson, Clerk/Treasurer
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The foregoing instrument was
c.,~~l~'ì;;'IÃ\ <t (¡'Q \-t,y.orV'()rj
lJ\G1 , 2006.
Witness my hand and official seal.
acknowledged before me
this q +11 day
by
of
NICKI ANGLESEY - NOTARY PUBLIC
County of
Uncoln
State of
Wyoming
~ -1-tn~ 0& j/
Notary Public .
My Commission Expires July 17, 2010
My commission expires
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AFTON2006WELLMORTGAGE
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