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MORTGAGE
BB & GC Enterprises, LLC, a Utah limited liability company, and E. Gregory
Higley, Trustee under a Revocable Declaration of Trust dated November 12,1992,
of 1331 N. 350 E. Kaysville, UT 84037, (herein collectively called 'MORTGAGOR"), to
secure the payment of$1,591,382.78, with interest thereon, as provided in and evidenced
by a promissory note of even date herewith (the ultimate maturity date of which is
August 7, 2016) and all renewals, modification and extensions thereof, do hereby
mortgage unto Donald G. Larson, Trustee of the Donald G. Larson Revocable Trust dated
March 4, 2003; and Bonnie R. Larson, Trustee of the Bonnie R. Larson Revocable Trust
dated March 4,2003 of P.O. Box 87, Co keville, WY 83114 (herein called
"MORTGAGEE"), the following described real property, situate in the County of
Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue
of the homestead exemption laws of the State of Wyoming, to-wit:
Resurvey
Township 27 North, Range 118 West orthe 6th P.M., Lincoln County, Wyoming
Tracts 40,51,61,62,63,66, 72, 73, 74 and 75.
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes,
assessments and charges levied against the property, as the same become due and
payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with
an insurance carrier or carriers acceptable to MORTGAGEE, covering the insurance
improvements on the Property against loss by fire and earthquakes, with extended
coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the
insurable value (replacement cost) of such improvements, whichever is less, which
insurance shall contain an appropriate loss payable provision protecting MORTGAGOR
and MORTGAGEE as their respective interests may appear from time to time. In the
event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and
maintain such insurance as herein provided, MORTGAGEE may pay such taxes and
assessments and may secure and pay for such insurance, and all sums so paid shall be
added to and considered a part of the indebtedness hereby secured and shall draw interest
at the same rate.
In case default shall be made in the payment of the above sums hereby secured, or in the
payment of the interest thereon, or any part of such principal or interest, when the same
shall become due; or in case of default shall be made in any of the covenants and
agreements thereof, or in the event MORTGAGOR sells or conveys the Property, or any
part thereof, or any interest therein, without the prior written consent of the
MORTGAGEE first had and obtained, then the whole indebtedness hereby secured,with
interest thereon, shall become due and payable, at the option of MORTGAGEE, and
MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and
sale/or as otherwise authorized by governing law, to foreclose on and sell the Property,
and out ofthe proceeds of such sale, MORTGAGEE shall pay all sums due hereunder,
together with all costs of sale including reasonable attorney's fees. If the proceeds of the
foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure
costs, MORTGAGEE shall be entitled to a deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder,
MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment
of the Property, and to all rents, issues and profits from the accruing of any such rights
and during the pendency of the foreclosure proceedings, and the period of redemption, if
any there be.
MORTGAGOR warrants title to the Property as to parties claiming, by, through or under
the MORTGAGOR only.
Witness our hands this _ day of
,2006.
RECEIVED 8/24/2006 at 4:20 PM
RECEIVING # 921684
BOOK: 631 PAGE: 485
JEANNE WAGNER wY
LINCOLN COUNTY ~~~~~~~:~~:~=~'_._.__.
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092168(\
000486
State of Wyoming )
)ss.
County of Lincoln )
The foregoing instrument was acknowledged before me this JL~ of August, 2006, by E. Gregory
Higley.
¡Witne" '1:" and official sea! ~
¡Notary Public:
My commission expires: 0 ~ («)
'State of Utah
i
County of
)
)ss.
)
SkEU.eY SMtJAI.L . NOTARY PUllUc
~oI
~
The foregoing instrument was acknowledged before me this _ day of August, 2006, by
iWitness my hand and official seal
I
I
i
Notary Public:
My commission expires:
ím::::::::i:::::;;f:;::;
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0921G8{~
000487
MORTGAGE
BB & GC Enterprises, LLC, a Utab limited liability company, and E. Gregory
Higley, Trustee under a Revocable Declaration of Trust dated November 12,1992,
of 1331 N. 350 E. KaysvilIe, UT 84037, (herein collectively called 'MORTGAGOR"), to
secure the payment 0[$1,591,382.78, with interest thereon, as provided in and evidenced
by a promissory note of even date herewith (the ultimate maturity date of which is
August 7, 2016) and all renewals, modification and extensions thereof, do hereby
mortgage unto Donald G. Larson, Trustee of the Donald G. Larson Revocable Trust dated
March 4, 2003; and Bonnie R. Larson, Trustee of the Bonnie R. Larson Revocable Trust
dated March 4, 2003 of P.O. Box 87, Cokeville, WY 83114 (herein called
"MORTGAGEE"), the following described real property, situate in the County of
Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue
of the homestead exemption laws of the State of Wyoming, to-wit:
Township 27 North, Range 118 West of the 61b P.M., Lincoln County, Wyoming
Tracts 40, 51, 61, 62, 63, 66, 72, 73,74 and 75.
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes,
assessments and charges levied against the property, as the same become due and
payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with
an insurance carrier or carriers acceptable to MORTGAGEE, covering the insurance
improvements on the Property against loss by fire and earthquakes, with extended
coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the
insurable value (replacement cost) of such improvements, whichever is less, which
insurance shall contain an appropriate loss payable provision protecting MORTGAGOR
and MORTGAGEE as their respective interests may appear iTom time to time. In the
event MORTGAGOR fails to pay such taxes or assessments, or fails to keep,and
maintain such insurance as herein provided, MORTGAGEE may pay such taxes and
assessments and may secure and pay for such insurance, and all swns so paid shall be
added to and considered a part of the indebtedness hereby secured and shall draw interest
at the same rate. '
In case default shall be made in the payment of the above sums hereby secured, or in the
payment of the interest thereon, or any part of such principal or interest, when the same
shall become due; or in case of default shall be made in any of the covenants and
agreements thereof, or in the event MORTGAGOR sells or conveys the Property, or any
part thereof, or any interest therein, without the prior written consent of the
MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with
interest thereon, shall become due and payable, at the option of MORTGAGEE, and
MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and
sale/or as otherwise authorized by governing law, to foreclose on and sell the Property,
and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder,
together with all costs of sale including reasonable attorney's fees. If the proceeds of the
foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure
costs, MORTGAGEE shall be entitled to a deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder,
MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment
of the Property, and to all rents, issues and profits from the accruing of any such rights
and during the pendency of the foreclosure proceedings, and the period of redemption, if
any there be.
MORTGAGOR warrants title to the Property as to parties claiming, by, through or under
the MORTGAGOR only.
Witness our hands this l..'L. day of A W6Jfç, T .2006.
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0921G8(t
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000488
State of Wyoming )
)S5.
County of Lincoln )
The foregoing instrument was acknowledged before me this JL~ of August, 2006, by E. Gregory
Higley.
w.....:r; "'" 0"'", ...,
Notary Public:
My commission expires:
IlEUErINÐlu. ~
ðowrol (I -.,
u.Mi . Wo¡oom¡"
State of Utah )
County of ~ \-\-k~~s.
ent was acknowledged before me this ~~y of August, 2006, by
No b:
My conunissioD expires: ~~ ~ ~~
:1::::¡:!::::~:::::~:~:
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· .!"o3<DI''''~ Notary Public .
· "'...-:; {'t., SHERRlE TRYTHALL I
: J ¡\~ 76 East 1200 North ~
· ~ Ii CerrtcNille, lIT ß.W14 I
· ~ Iii. My Commission Expires I
· '. .'~.J February 7, 2008 I
· . '00. . State of Utah .
I--------__________________J