The URL can be used to link to this page

Home My WebLink About922555 ~ >.. .rJbII "0.5 G) E "Eo o » ~~~ bO "- c coo ]~~ "'§~ -- '" :::I ......~ 0 ~"Ou E c '" B:~ oo¡:¡ "0 .- "'~ .- u ~.~ ~ ~ Ii w ~ ffi 0.. ~ r- NQ::~ :.1t)....WW .q-1t)..Z~ _ It) ~ 11\ . ~Nvv~ 8N«~Q:: oØ)o..>W ~.... wd 00- Z :!:C) Z~ Ø)~...,.L5z C~:2"::> WW 0 >O:;¿ ° -wo Z WQ::o ...J o m 0 W ° ~ Z ::¡ ·.·,III~. Sep. 7, 2006 11 :53AU SothebYB International Realty 0000·72 No. U611 ~ p. UIU MORTGAGE KHCIN ALL MEN BY THESE PRESENTS, that Thunder c.yon Ranch LLC, a Utah IImMad üabiUty compaOy, herein referred to as rnorlgagor. of 2561 Barce10na Drive, Sandy, UT 84093, to øaue &hè payment of the principal sum of Two Hundred Seventy-fIVe Thousand Md NoI100 Dollars ($275,000.00), with interest as evidenced by a Promillory Note dated of even date herewith, to the order of Dean F. Heiner and Cheryl V. Heiner, Trwtees of the Deon F. Heiner and Cheryl V. Heiner FamUy Revocable Trust dated May 16. 1997. Quinn R. Heiner and Hyesoon H. Heiner, Trwt8M of the Quinn R. Heiner and Hvesoon H. Heiner Family Revocable Truet dated January 8, 2004. F & T Inveltments Linùted Partnership, a utah Limited Partnership, and L & V Investmenta Limited Partner&hip, a Utah Umited Partnership. herein referred to _ Mortgagee, of clo Continental ConstrucUon, Inc., PO Box 3210, Alpine, WY 83128, principal and Interest payable as fOllowl; In equal annual amortized InstaIImenta of principal and Interest in the amount of $39.153.81 with interest on the unpaid balance from September 7. 2006. until paid at the .... of I8\II8n per c.nt (7%) per InI'K.tm payIbIe on September 7 of each year begiMing September 7. 2007. and continuing on September 7 of each lueçtedlng Y" untiI5eptember 7,2011. when the entire remaining balance. induding principal and accrued Interest, shall be due and payable in fuft. This represents an amortization of $275.000.00 over a period of 10 years at 7.00% interest Plyable in annuaJ in&tallments with the entire remaining balance due in 5 years. All payments made ahaII be applied flNt to any appliClble late charg... then to accrued interest on the unpaid prinàpaI balance and then to principal. Prepayment. of principal mtly be made at any time in any amount wIhout penBlty. hereby mortgages to Uortgagees. the following de.crlbed real eltate, situated in the County of Lincoln. State of Wyoming: DelCl"lption: Willow C,..ek Ranch -lot 7 A portion of the property as referred to in the Deed recorded in Book 493PR, on Page 384, with the Office of the Clerk of lineoln County. within the NE V~ of section 18. T33N. R118W, of the 6th. P.M. Lincoln County, Wyoming, the ~etes and Bounds being more particularly descnbed as follows: ~7 7 . I I (I I 'OAI ~11'P~\I IIHO'\ ~h,{\ IAIJJr.:7 0/1/17 'J 'd~{\ - ··j>·,þ£:::s-r- 09Ñ¡(",.::} .1 000073 Sell. 7. 2006 11 :54At.I Sothebvs International Realty NO·Utill y. ;/IU BEGINNING at an AluminUm Cap on an Iron Pipe fMlking a point in the South ~ne of saJd NE1/4, said Point of Beginning being 1,387.73 feet S88841'43"E, a~ said SGuIb hi from the B.LM, Type Monument marking the Uoyd B. Baker PEIlS 688, 1998 location for the Southwest Comer of &aid NE1/.; thence NO-E 1,693.49 feet to . a paint in the approximate Center line of Willow Crøk; thence Easterly, along said Cent8r Ü't., the following: S42811'51"E 103.80 fe.t, S89·3T01"E 113.11 feet and N81-49'51"E 12.03 ,..t: thenc:e MrE 1,089.27"'t to an M.mlnum Cap on an Iron Pipe maoong a point in the Nonh Une of said NE1/4; thence S89·44'44"E, along said North line, 448.29 feet to an Aluminum Cap on an Iron Pipe: thence SOOW 2.719.47 feet to an Aluminum Cap on an Iron Pipe marking a point In said South line; thence N88841'43"W, along said South line, tw3.18 feet, to the Point of BegiMÏI1g, containing 35.241 Acres of land. TOGEn-ER WITH: The 80 feet wide Easement, .. referred to in the Easement recoru-d In Book 493PR, on Page 388. with said Dmce. TOGETHER WITH and SUBJECT TO: The 30 feet wide Right-of-Way Easement. as referred to in the Affidavit Cer1iflclte of Owner. recorded in Book 460PR. on Page 738. with said QffIœ. GRANTING and RESERVING: A 60 feet wide Non-Exclusive Accell Road and Utility Rjght-of-Way Easement, being 15 feet Southerty Ind 45 feet Northerly of the following deecribed line: BEGINNING at 8 Point In the West line of the SW1J4SE1/4 of Seàion 7, said Point ÐI BeginnIng being 138.29 feet NO·42'47"E. along said West line from tha B.L.M. Type Monument marking the Uoyd B. Baker PEIlS 698, 1998 loca,ion for the Southwest Comer of said SW1J4SE1/4; thence N82834'Q5HE 297.57 feet: thence S88·06'20·~ 98,76 feet; thence S788Q&'AS"e 122.63 'eet; thence S74'09'2g"e 167.44 feet; thence S66·33'228E 9t 1.56 feet; thence SSO-12'50"E 248.47 feet: thence 657804't 1"E 198.&8 feet; thence 957-33'19"E 371.24 feet. TOGETHER WITH and SUBJECT TO: An 80 feet wide access Easement, 4I\long WiDow Creek. through Willow creek Ranch. . GRANTING and RESERVING: A 40 feet wide Right-of-Way Easement, ttle Center Une being mort particularly d..cribed as follows: BEGINNING .t a Point in the Center Line of tht 30 feet wide Right-of-Way Easement, as referred to in the Affidavit Certificate of Owner, recorded in Book ~ ir:;:¡::::~:hi¡:::~ ~··:·~j~-N;H~?tj\ 2 ( . J 1(,11 'OM 1.11 1'~\J 11:11'0'\ ~ci!'P H' IAIJ / r' 7 01\1\7 '/ 'rI~(I ..:.::..;.,....~,.;" ;,~"¡f.f' . ...,..........~....". ?'!.;.;,;.::,:·;!;:~¡lt~j[i:;::. . ).. ~....;.") (:'. C' c~ .. J,..~....IJ....¡Ì¡ OOOO~74 SaP. 7. 2006 11:54AM SothebYs International Realty NO· Ubi I r· 4/ I \J ~R, on Page 738, with said Office, uId Point of Beginning, said Point of BegiMing, being 461.45 feet N69"47'25"'E from the LIo~d B. Baker PEILS~. 1998 location for the Southwest Comer 01 said SE1I4SE1U, and said Point of BeginnIng, eIIo being 900.08 feet N79·25'12'W from the U.S. Department of the Interior - Bureau of land Uanagement, 1918 location for the Southeast COmer of Slid SE1I4SE1J4; thence S1S·59'41ltE 122.83 feet to the beglnntng of a 116.00 feet RadIus tuNe \0 the ~ thence Southø8lterty, along said Curve to the Right through a cenlraA angle of 29· 39' 55", an arc length of 60.06 feet. and a chord of ST09'44"e 59.39 feet; thence S12·40'14'W 82.43 feet to the beginning of 828.00 feet Radiul Curve to the Right; thence Southwesterly, along &aid Curve to the Right, through a central angle of 74.05132", arc Leonard Rgth of 36.21 feet, and a chord of S4Q·...3'OO"W 33.74 feet; thence S86·45'.6"W 154.89 feet to the beginning of a 27.00 feet Radiua Curve to the Left; thence SOUIhwesteriy, along said Curve to the Left, tlvough a central angle of 86·14'14", an .re Leonard R.gth of 40.64 feet, and 8 chord of S43·38'39"W 36.91 feet; thence SO·31'32'W 997.06 feet; thence' N89·37'01'W 194.74:t feet to a Point In thl East line of Lot 6 of the Willow Creek Ranch. TOGETHER WITH and SUBJECT TO: All Enements, Exceptions. Reservations. RHttlctions, Rights-of-Way and Improvements of light and or record. inducing aU buildings and ïmprovementt thereon or that mty hereafter be erected thereon; together with hereditaments and appurtenances and all other rights thereunto belonging, or In an~ now or hereafter appertaining, and the reverUm and reversions, ,..mainder Ind remllnders, rent., issues, and profits thereof, and aU pAumbing. heating, and l1ghtlng fixtures Ind equipment now or hereafter abached to or used In connection with the premises. Mortgagor hereby reJinquJ&hes and waives all rights under and by virtue of the homestead laws ~ &he State of Wyoming and covenants that it It lawfuRy leiaed of the premises, that they .. free from all encumbranœa and hereby covenant. to warrant and defend the tit1e of the premr... against the lawful claims of all persons whomsoev.r. And mortgagor covenants with mortgage. as followa: 1. In case of defaua in any of the paymenta stlputated WI the note, mortgagor, It further MCUrity for chis mortgage and thø note secured thereby, hereby assigns, sets over, and conveys to mortgagee aU rents, illues, and profits from the property. /¡l 3 ~ . I (I I 'n11 ¡11'Ø~\J 11'1'110'1 ~¡¡'Ø1(\ 111JO('7 0(\(\7 ./ 'ri~(\ J~j~~5S5 SothebYs International Kealty .,u. uuQ.OOrOt5, Sept 7. 2006 11:54AM 2. To pay promptly. when due, the principal and interest and other sum. of money provided fOl in sajd Note and this Mortgage. or either; to pay all and .Inglllar the taxel, ........... ....) lebålities, obIig8tiont. and encumbrances of every nature on said property. 3. To petfotm, çampIy with, and abide by each and every the agreement', stipulations, c;onditions, and œvenants, let forth in uid Nota and thiI Mortgage or either. ". F,Uure by the mortgagee to .vercise any of the rights or options herein provided shaD not constitUte a waiver of fillY rights or options under said Note or the Mortgage accrued or thereafter accruing. 5. Nothing shall be done on or In connection with the pmpetty that IMY impØ mortgagee'. security hereunder; mortgagor wi. commit. permit or auffer no waste, impaitment or d~-""""'" of the property nor any part thereof, end the property ahall be continuoUlly maintained ín good and sightty order, r.pair, and condition by mortgagor at his expen... 8. In case mortgagor defaults in 1he payment of ground rent., if any, taxe&, aase8llMßts, water, or oU1er governmental or munidpaJ charges, or other lawful charges a. herein prcRIÏd8d, ßIOIIGaOee IUV wiIhout notice or demand pay the same and In case of 8ffi faihJre on the pari of mOltglGor to comply with the covenants of Paragraph 5 hereof, mortgagee may effect such repIIÌIB as it may reaeonabIy deem necelaary to protect the property, at the .~ of mortgagor. Mortgagor .. repay such suma ao paid and aU expensea &0 inculTed by mortgagee, with interest theMDn from the d8Ie of payment. at ten pergent (10%) per annum. and the same thai be alien on the premises and be secured by the not. and by these presents: In default of making such r~ the whole amount hereby secured If not then due ahaI. if mortgage. so eleda, become due III1d payablt forthwith, anything herein contained to the contrary notwithstanding. 7. In the event the property Is sold under fotecloaure n the proceeds are insufficient to pay the totel indebtedneal secured hereby, mortgagor binds itself personally to pay the unpaid balance, and mortgagee will be entit1ed 10 a dØciency judgment. 8. In case default Ñi made in the payment, when due, of the indebtedness hereby secured. or of any instaI1ment ther&of or any pan. thereof, or in ca.. of breach of any covenant or agreement herú\ contained, the whole of the then indebtedness secured hereby, inclulive of principal, Intereat, arrearagø&. ground rents, if any, t&xeB. asseasments, water charges. expenditures for repairs or maintenance, together with all other sums payable pursuant to the ( . I 1(' I '011 4 lVi f:lt':':':I:i:':i:~::~ ':¡:f'jN'~:':'::':' ¡ II 'P~\I 111'Pn'l ~C¡¡'P1{\ IAllor'7 001\7 ./ .~~{\ (õ>.>["-...-~ J~Ñ~....)J...l S e p. 7. 2006 II: 54 AM Sothebvs International Realty 000076 NO, U b II 1'. 011 U prØIÏliiOi1l tMnaf. thai become immediaIeIy due and payable, at the option of mortgagee. although the period above Umited for the payment thereof may not have expired, an~hing her.eln before or In the note ~ to U1e contnuy notwithItInding; any failure to exercite such option shaH not COßItiIute a waiver of the right to exerciM the aame at any other time; and it shaft be JawM for mortaaøee to proceed 10 enforœ the provisions of this mortgøge either by suit . I8w or In equity. .. it may elect, or to foreclole this mortgage by advertisement and .ale of the premieel. at public adion for calla. according to Wyoming 5tatute8 goverßng rnortg. foreclo.we&. 8I'Id cause to be executed and delvered to the purchal8l' or purchasers at any such sa/e a good and sufficient deed or deeda of conweyance of the property so 1OId, and to apply the net proceeds ariaIng from such &aJe rKat to the payment of the costs and expenses of such foreclolure and aale. including a reuonabIe dOmey fee, and Ú\ payment of all moneys expended or advanced by mottgagee pursuant to the provisions of Paragraph 6 hereof, and then to the payment of the balance due on iII:GØLd of the prtncipat indeI*dMø seand hereby. together with inteA)st thereon and tM sur'" if any, shall be paid by mortgagee on demand to mortgagor. In case mortgagee f.11s pr~ to førecIose on the happening of any default, it ahan not thereby be prejudiced in Irs right to foredosure at any time thereafter during which .uch def.ult continues, and shall not be prejudiced In Its forecloaure rights in case of further default. 9. In Clse of any default whereQy the right of foredosure occurs hereunder, mortgagee shill .. ðI1C8 becOme entitled to ",vrJ~1ve pallee.ion. use. Md enjoyment of aft property, .nd to all rents, Uues. and profite thereof, from the accruing of such right and during the pendency of 1orec:bM.. pmceedingI Met the pMtod d redemption. if there is any; and &UCh pol""". Nnt., åuUe&. and profits IhaII at once be delivered to mortgllg88 on request, and on refusal, the delivery of auch pou..... .... is&ue&, and profitt may be enforced by mortgagee by any &ppq)priat. ci",jJ suit or proceeding, including action or actions in ejectment, or forceahle entry. or unlawful detainer, and mDItgIQ88 shad be entiIJed to a reœiIIer for h property and aU renta, ÌSStJeI, 8nd prof". thereof, after any such default, Ineluding· the time covered by foreclosure proceedings and lie period øI redemption, if there Is any, and shan be entitled thereto as a mater of right without regard to the aoIvency or insolvency of mortgagor or the then own.r of the property. and without regard to the IIaIue of the property 01 the tufficiency thereof to discharge the mortgage debt and fotttdoaure colts, fees and expenses; and such receiver may be appointed by any court of conapøt8nt jurtldidion on ex partll application and without notice (notice being hereby exprøsJy waived, and the appointment of any suçh receiver on any tuch application without notice being hereby conMnted to by mortgegor on moltgago"6 own behalf), and all renta. Issues, profits, income, and revenue of the property ,hall be applied by luch receiver, according to law and the orders and directions of the court. 5 IL'\ o . J I f. II 'OM AIIl1a\l UHO" a'illl1(\ IAIJOf.: 7 0/1/17 ./ 'rI~(' J. (JO"°-Þr-r- t::- , . ......-.J.:).::J Sep. 7. 2006 II :S.AW So1habYs International Kealty 000077 NO·VOlt r· /flU 10. Mot1gegor may not convey 01 trantfer any interest in or encumber. the described preI'IÙIIeI without the prior written consent of the mortgagee, Mortgagor must give mortgagee tMÎIIIIn Ntice 01 mottQagor's intent to convey or tranafer any interest in or to encumber the de8cIibed prenWaas at leut thirty (30) days prior to the proposed conveyance or encumbranc.. If all 01 any part of the deIcribed preI'IÙIIeI or an intereat therein Ì8 &DId. trlnsferred or encumbered by rnoltgagor Without mortgagee'. prior written consent, excluding death of a joint tenant or the gNnt of M'1easehoId ..... of three (3) years or less not containing an option to purchase. mortgagee may, at ita option. declare Iha entire remaining balance due under this agreement to be 1rnmedJ.,.tJj due and payab&e and give written notice to mortgagor thereof. After receipt of such written noöce, mortgagor sl').1I have thirty (30) days In which to pay the entire remaining balance to mortglgM. 11. The covenants her.in contained shaH bind, and the benefit' and advantage. ,hall in.... to, the respecüve heir&, exealtors, 8dministrators, successors, and assign. of the parties hereto. Whenever uaed, the singular number shall Indude the plural. the plural the slngul.r, and the use of any gender shall indude aU g.nders. 12. Whenever ~ he,..ln. the tarms "mortgagor" and "mortgagee" include an the pertiet to this instrument and the heirs, legal representaüves, .nd assign. of Individuals, and the SUCOltlor. and assigns of corporations: .nd the terr:n "Note" includes all the notes herein described If more than one. IN WITNESS WHEREOF, Mortgagor hat executed this Mortgage as Qf the 7th day or September, 2006. Thunder Canyon Ranch LLC, a Utah Limited Uablity Company lfJO Iffi[ill"::..:':.' ",. .. '.J \'··'¡<~~~SJ~ IS tijim~m~~ ., I' I I '0&1 ¡11 II~\J 11'1101\ ~'iI'P1{\ IAIJOr:7 01\1\7 '} 'rl~{\ "," "" , \):1~2S55 Sep. 7. 2006 11 :54AM SothebYs International Realty 000078 NO·Ubll 1'. allu get' STATE OF UTAH : IS. \. .. k1 ) coutlrY OF - ~ ';;' \JJ~~\\""-,, On IhIt ~ day of S.ptember. 2006. before me personallv appeared Leonard R. ElfeNig and M'R8cia EIfeMg, to me person.øy known, who. being by me duly sworn, dkS say that they are the Manag.... 0' Thunder Canyon Ranch LLC, a Utah Dmited liability comp.ny, described in and which exeeuted the foregoing inltrument; and that said instrument was signed and sealed In behalf of said limlt.d liability company by authority of ita memberl. Given under my hand and notarial seal the day .nd year first above written In this certificate. q~~ NOTARY PUBLIC My commlasion expires: lD~{(ry-01=-. - NOTARY PUBLIC DAVID B TURNER 40 East St. George 61 :...J. 51. George, UT 84790 My Commission Expires October 16, 2007 STATE OF UTAH 1]\ 7 ^ . I 1('" °ni. l11~\J 11"0'1 ~'i!,,(\ IAIJOr.: 7 1\1\1\7 'J ·rt~(I