Loading...
HomeMy WebLinkAbout922053 (J --.J -J .s~ -or:: (1)..... "E12 o 0 (j~ 2:!-~ CQ.....~ t:: 0 0 'ü E$ >., ..ce~ .~ (j 1:; r:: d3 5 <!)"ö (j 12 r:: <u fJ:;~ 0'::: -0..... ",f-' ~g ;%j ::;¿ 000573 d3 MORTGAGE , J / KNOW ALL MEN BY THESE PRESENTS, that Kevin H. Jensen and Collette J. Jensen. husband and wife. herein referred to as Mortgagor. of PO Box 1585. Thayne. WY 83127. to secure the payment of the principal sum of Two Hundred Forty Thousand and No/100 Dollars ($240.000.00). with interest as evidenced by a Promissory Note dated of even date herewith to the order of Deon F. Heiner and Cheryl V. Heiner. Trustees of the Deon F. Heiner and Cheryl V. Heiner Family Revocable Trust dated May 16. 1997. Quinn R. Heiner and Hyesoon H. Heiner, Trustees of the Quinn R. Heiner and Hyesoon H. Heiner Family Revocable Trust dated January 8. 2004, F & T Investments Limited Partnership, a Utah Limited Partnership. and L& V Investments Limited Partnership, a Utah Limited Partnership, herein referred to as Mortgagee. of c/o Continental Construction, Inc., PO Box 3210, Alpine. WY 83128, principal and interest payable as follows: /1 In equal monthly amortized installments of principal and interest in the amount of $2,664.50 with interest on the unpaid balance from August 28. 2006. until paid at the rate of six per cent (6%) per annum payable on the 28th day of each month beginning August 28. 2006, and continuing on the 28th of each succeeding month until August 28. 2008, when the entire remaining balance, including principal and accrued interest, shall be due and payable in full. All payments made shall be applied first to any applicable late charges. then to accrued interest on the unpaid principal balance and then to principal. Prepayments of principal may be made at any time in any amount without penalty. hereby mortgages to Mortgagees. the following described real estate, situated in the County of Lincoln. State of Wyoming: A portion of the property as referred to in the Deed recorded in Book 493 PRo on page 384. with the Office of the Clerk of Lincoln County, within the Northeast Quarter of Section 18. Township 33 North. Range 118 West of the 6th P.M., Lincoln County. Wyoming. more particularly described on Exhibit A attached and incorporated herein by this reference. including all buildings and improvements thereon or that may hereafter be erected thereon; together with hereditaments and appurtenances and all other rights thereunto belonging, or in anywise now or hereafter appertaining. and the reversion and reversions. remainder and RECEIVED 9/1/2006 at 3:19 PM RECEIVING # 922053 BOOK: 632 PAGE: 573 ¡ JEANNE WAGNER ! LINCOLN COUNTY CLERK, KEMMERER, WY 1 ~-~ _._._-~-,_._~ ----. --- .'" . .:¡~, / '-'. ',:.; ':'::--:-1 Ü~22053 000574 remainders. rents. issues, and profits thereof. and all plumbing, heating. and lighting fixtures and I equipment now or hereafter attached to or used in connection with the premises. Mortgagor hereby relinquishes and waives all rights under and by virtue of me homestead laws of the State of Wyoming and covenants that they are lawfully seised of the premises. that they are free from all encumbrances and hereby covenants to warrant and defend the title of the premises against the lawful claims of all persons whomsoever. And mortgagor covenants with mortgagee as follows: 1. In case of default in any of the payments stipulated in the note, mortgagor. as further security for this mortgage and the note secured thereby, hereby assigns. sets over, and conveys to mortgagee all rents. issues, and profits from the property. 2. To pay promptly. when due. the principal and interest and other sums of money provided for in said Note and this Mortgage. or either; to pay all and singular the taxes. assessments, levies, liabilities. obligations, and encumbrances of every nature on said property. 3. To perform, comply with, and abide by each and every the agreements, stipulations. conditions. and covenants, set forth in said Note and this Mortgage or either. 4. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the Mortgage accrued or thereafter accruing. 5. Nothing shall be done on or in connection with the property that may impair mortgagee's security hereunder; mortgagor will commit, permit or suffer no waste, impairment or deterioration of the property nor any part thereof, and the property shall be continuously maintained in good and sightly order. repair. and condition by mortgagor at his expense. 6. In case mortgagor defaults in the payment of ground rents, if any. taxes, assessments, water. or other governmental or municipal charges. or other lawful charges as herein provided, mortgagee may without notice or demand pay the same and in case of any failure on the part of mortgagor to comply with the covenants of Paragraph 5 hereof. mortgagee may effect such repairs as it may reasonably deem necessary to protect the property. at the expense of mortgagor. Mortgagor shall repay such sums so paid and all expenses so incurred by mortgagee. with interest 2 ~~y ~ ·...2:~:Sl'LJ ::::;~;r:::~:;¡~:;:;: Ü~2~U53 000575 thereon from the date of payment. at ten percent (10%) per annum. and the same shall bea lien on the premises and be secured by the note and by these presents; in default of making such I repayments the whole amount hereby secured if not then due shall. if mortgagee so elects, become due, and payable forthwith. anything herein contained to the contrary notwithstanding. : i I, ¡, 7. In the event the property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby. mortgagor binds themselves personally to pay the unpaid balance, and mortgagee will be entitled to a deficiency judgment. 8. In case default is made in the payment. when due. of the indebtedness hereby secured. or of any installment thereof or any part thereof. or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, inclusive of principal, interest. arrearages. ground r~nts. if any. taxes, assessments. water charges. expenditures for repairs or maintenance. together with all other sums payable pursuant to the provisions hereof, shall become immediately due and payable, at the option of mortgagee, although the period above limited for the payment thereof may not have expired, anything herein before or in the note contained to the contrary notwithstanding; any failure to exercise such option shall not constitute a waiver of the right to exercise the same at any other time; and it shall be lawful for mortgagee to proceed to enforce the provisions of this mortgage either by suit at law or in equity, as it may elect, or to foreclose this mortgage by advertisement and sale of the premises. at public auction for cash. according to Wyoming statutes governing mortgage foreclosures. and cause to be executed and delivered to the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such sale first to the payment of the costs and expenses of such foreclosure and sale. including a reasonable attorney fee, and in payment of all moneys expended or advanced by mortgagee pursuant to the provisions of Paragraph 6 hereof, and then to the payment of the balance due on account of the principal indebtedness secured hereby. together with interest thereon and the surplus if any. shall be paid by mortgagee on demand to mortgagor. In case mortgagee fails promptly to foreclose on the happening of any default. it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues. and shall not be prejudiced in its foreclosure rights in case of further default. 9. In case of any default whereby the right of foreclosure occurs hereunder. mortgagee shall at once become entitled to exclusive possession. use, and enjoyment of all property, and to all rents. issues. and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redem~tion, if there is any; and such posse~~, ~ JJ::J:¿2053 000576 issues, and profits shall at once be delivered to mortgagee on request, and on refusal. the delivery of such possession. rents. issues. and profits may be enforced by mortgagee by any appropriate civil suit or proceeding, including action or actions in ejectment, or forceable entry. or unlawful detainer; and mortgagee shall be entitled to a receiver for the property and all rents. issues, and profits thereof, after any such default. including the time covered by foreclosure proceedings and the period of redemption, if there is any, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of mortgagor or the then owner of the property, and without regard to the value of the property or the sufficiency thereof to discharge the mortgage debt and foreclosure costs. fees and expenses; and such receiver may be appointed by any court of competent jurisdiction on ex parte application and without notice (notice being hereby expressly waived, and the appointment of any such receiver on any such application without notice being hereby consented to by mortgagor on mortgagor's own behalf). and all rents. issues. profits. income, and revenue of the property shall be applied by such receiver. according to law and the orders and directions of the court. 10. Mortgagor may not conveyor transfer any interest in or encumber the described premises without the prior written consent of the mortgagee. Mortgagor must give mortgagee written notice of mortgagor's intent to conveyor transfer any interest in or to encumber the described premises at least thirty (30) days prior to the proposed conveyance or encumbrance. If all or any part of the described premises or an interest therein is sold. transferred or encumbered by mortgagor without mortgagee's prior written consent. excluding death of a joint tenant or the grant of any leasehold interest of three (3) years or Jess not containing an option to purchase. mortgagee may, at its option, declare the entire remaining balance due under this agreement to be immediately due and payable and give written notice to mortgagor thereof. After receipt of such written notice, mortgagor shall have thirty (30) days in which to pay the entire remaining balance to mortgagee. 11. The covenants herein contained shall bind, and the benefits and advantages shall inure to. the respective heirs. executors. administrators. successors. and assigns of the parties hereto. Whenever used. the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 12. Whenever used herein. the terms "mortgagor" and "mortgagee" include all the parties to this instrument and the heirs. legal representatives. and assigns of individuals, and the successors and assigns of corporations; and the term "Note" includes all the notes herein described if more than one. 4 )\-y ~¡~:~f:;:i~:¡:j~¡:;l O~220S3 000577 IN WITNESS WHEREOF. Mortgagor has executed this Mortgage as of the 28th day of August, 2006. ~~ Cð{e'tfe.. ~ STATE OF WYOMING ss. COUNTY OF LINCOLN ! The foregoing Mortgage was acknowledged before me by Kevin H. Jensen and-€ollette-J. Jenken, husband and wife, this 30 day of August. 2006. c.o L€-t--t~ Witness my hand and official seal. VALERIE PETERSON - NOTARY PUBUC County of State of Lincoln Wyoming My Commission Expires March 24,2010 ~ · NOTARY PUBLIC My commission expires: 3/d¿¡:Þ% 5 ~ .- -----...---..---. U92205:3 EXHIBIT "A" 000578 Description: wmow Creek Ranch - Lot 6 A portion of the property as referred to in the Deed recorded in Book493PR, on Page 384, with the Office of the Clerk of Lincoln County, within the NE1/4 of Section 18, T33N, R118W, of the 6th. P.M. Lincoln County, Wyoming, the Metes and Bounds being more particularly described as follows: BEGINNING at an Aluminum Cap on an Iron Pipe marking a point ¡nthe South line of said NE1/4, said Point of Beginning being 552.49 feet SBBa4~'43"E,a/ong said South line, from the B.LM. Type Monument marking the LloydB. Baker PE/LS 698, 199B location for the Southwest Comer of said NE1/4; thence NODE 1,900.28 feet to a point in the approximate Center Une of Willow Creek; thence Easterly, along said Center Line, the following: S711;155'46"E 47.42 feet, 812°40'52"E 79.16 feet, - S53°03,'5ß"E 29.69 teet; N52° 12'48"E 69.17 feet, N3"06'23'W 94.40 feet. N36°36'38"E 62.48 feet, S67D31'12"E 90.82 feet, S51 °11'39"E 273.89 feet, S77°14'31 HE 118.66 feet, S88"15'5B"E 91.54 feet, 875°42'55D£ 129.13 feet and 842"11 '51"E 48.08 feet; thence soaw 1,693.49 feet to an Aluminum Ca'p on an Iron Pipe marking:a point ¡Ii the South line of said NE1f4; thence N88"41'43"W, along said South line, 835.24 feet, to the Point of Beginning.J-containing 35.000 Acres of land. TOß.qrljj~~:\yITH: The 60 f~et wi~e. Easery1ent..as referred to in the Easement recorded in Book 493PR., on~age 386. with said OffIce.. .:.,..' " I ". '.f": . . .... .. " ~ ...! " . t: . TOGETHER WITH and SUBJECT TO: ttleäOff1Bt ~i.de.B-ight-of-Way Easement, as refeT(~d to in ihe . Affidavit Certificate of Owner, recorded in Book 460PR, on Page 738, with said Office. i . TOGqHER WITH and SUBJECT TO: A 60 feet wide Non-Exclusive Access Road and Utilit)LRigbt- of-Way Easement, being 15 feet Southerly and 45 feet Northerly of the following described line: BEGINNING at à Point in the West lineofthe SW1/4SE1/4 of Section 7. said Point of Beginning being 738.29 feet Noo42'47"E, along said West line from the B.L.M. Type Monument marking the LloydJ3,.,I?,;;ike.r PE/LS 698, 1998 location forthe Southwest Corner of said SW1/4SE1/4; thence N82°34'0·~í;'297.57 feet; thence S89"OS'2G"E 98.76 feet; thence S78°09'4S"E 122.63 feet; thence 874°09'29"E157.44 feet; thence 866°33'22"E 911.56 feet; thence S50"12'SO"E 248.47 feet; thence 857°04111 liE 198.96 feet; thence S57°33'~~"¡: ,37J.24J~et. . . .... ." ..... "."; ,.' : "-' , TOG8HER WITH and SUBJECT TO: A 40 feet wide Right-of-Way Easement, along a partion of the East line ofJhe above described Lot, the Center Line being more particularly described as 1ollows: BEGINNING at an Aluminum Cap on an Iron Pipe marking a point in the North line of the NE1/4NE1/4 of Section 18, said Point of Beginning being 238.10 feet 589"44'44"£, along said North line, from the B.L.M. Type Monument marking the Lloyd B. Baker PEìLS 698, 1998 location forthe Northwest Comer of said NE1/4NE1/4; thence soaOO'OO"E 1,151.06 feet; thence N8903T01'W 194;74' f.eßt:t.p'~ poirrt in the East line of the above described Lot. ,',' . TOGETME~ WITH and SUBJECT TO: An80.f~et wide access Easement, along Willow Creek, "through Willow Creek Ranch. . . i , TOGETtiE~ WITH and 8UBJECTTO: Atl Easements, Exceptions, Reservations, Restrictions, Rights-of-Way· and Improvements of sight and or record. . '...... ... '. ~ I ~¡;i;mm;;~¡liI~;~f