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Home My WebLink About922862 6075,4 (04 ) ~i¡'i:i¡:i!:!:j::' RECEIVEd~-¡IDo06 at 1 0~23AM- RECEIVING # 922862 BOOK: 635 PAGE: 217 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY \ «g) 000217 MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That JOHNNY MILLER DESIGN, LTD., (hereinafter referred to as "Mortgagor") of Heber City, Utah, to secure the perfonnance of the tenns of the Golf Course Design Agreement of even date herewith (the "Agreement") between Mortgagor and NEXT STEP ENGINEERING, DESIGN AND CONSTRUCTION, LLC, (hereinafter referred to as "Mortgagee") hereby mortgages to Mortgagee the following described real estate, releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to wit: Unit 1-1 of The Condos at Valli-Vu Buildings 1,2, & 4 Lincoln County, Wyoming, according to that Plat filed June 8, 2006 in the office of the Lincoln County, Clerk as Plat No. 240-A. Including any buildings and improvements, and all other rights belonging thereto, or in anyway now or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof attached to or connected with the Property. (hereinafter known as the "Property.") Mortgagor covenants and agrees with the Mortgagee as follows: 1. Tenns of DesilID Agreement. The tenns of the Golf Course Design Agreement ("Agreement") between Mortgagor and Mortgagee, dated August 3, 2006, is hereby incorporated by this reference into the tenns of this Mortgage and is made a part hereof by this reference. 2. Ground Rents. Taxes and Assessments. Mortgagor will pay all ground rents, taxes, assessments, and other governmental or municipal charges or other lawful charges associated with the Property upon taking the same into Mortgagor's possession upon execution of the Agreement and this Mortgage document. Upon reasonable demand by Mortgagee, Mortgagor will promptly deliver the official receipts therefor to Mortgagee for Mortgagee's inspection. 3. Maintenance of Property. The Property shall be continuously maintained in good order by Mortgagor at Mortgagor's expense. 4. Unpaid Assessments. Should Mortgagor fail to pay any associated ground rents, taxes, assessment or other governmental or municipal or other lawful charges associated with the Property, Mortgagee may pay the same directly, and the amounts paid shall be repaid by Mortgagor, with interest thereon at the rate of 1 'l2% per month from the date of payment.. Such ,., .-.-",-.;..,_...-........-...... ... . ;,.. : "·1,' ;. .-_-.1" ':~: . ... '1-",..,..T.\I;.,.- ",' . .-..,...:õ""i.VJ'.......'.'. : ~.,,;-;-;-::-.·.c:,;.'~T·_--; . .·.1.·.1...'.'.·.·......._.....,.... ~~ ~'.o1~;~iW%]:~~ ." ...... ,... ..'" ,d~~~ .....-,. ", .'.j..-.' ~~ . t':r~~;!¡ 092~8h~~ 00021.8 repayment obligations, if any, shall be considered a lien on the Property and shall be sec';1red by this Mortgage. . 5. Termination of AJU'eement. In the event of termination of the Agreement between the parties, the termination provisions set forth in the Agreement shall control, and this Mortgage document shall be marked as "Paid" and delivered to Mortgagor upon completion of the termination as set forth in the Agreement. 6. No Waiver of Right to Enforce. Mortgagee shall not waive the right to enforce any of the remedies provided in the Agreement should Mortgagee elect to delay enforcement, grant an extension of time, take additional security or grant a partial release of security, or make future advances. 7. Binding Effect. The covenants herein shall bind and the benefit shall inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. 8. Definitions. Whenever used, the singular shall include the plural and the plural the singular. Any use of gender herein shall be deemed to include all genders. 9. Notices. All notices, demands, requests and writings required or permitted to be given hereunder shall be deemed duly given if delivered or mailed by registered or certified mail, postage prepaid, addressed as follows: If to Mortgagee: Johnny Miller 2795 W. Eiger Heber City, Utah 84032 With a Copy to: Robert Stanworth ST ANWORTH BURGESS & ASSOCIATES 310 S. Main Street, Suite 1310 Salt Lake City, Utah 84101 If to Mortgagor: 2 ----~.._---- ------. --..-'.-. -. --.- .-. ---. -.----. .--- . -- -. -_. .------ -. .-"..-.- - ._...._--~ . . - n92~8b:~ 0002~9 10. Paragraph Numbers and Headin~s. Headings and paragraph numbers have been inserted herein solely for convenience and reference and shall not be construed to affect the meanings, construction or effect of this Mortgage document. 11. . Severability. If and to the extent that any court of competent jurisdiction holds any provision or any part hereof to be invalid or unenforceable, such holding shall in no way affect the validity of the remainder of this Mortgage document. IN WITNESS WHEREOF, Mortgagor(s) have duly executed this Mortgage on the,?9' day of It«t¡lt~ ,2006. MORTGAGOR: tt.tv( COUNTY OF 51ft{- La¡(e.. ~ ss. On this ~ day of 4u?/lJ ,2006, personally appeared before me Johnny Miller, who signed the foregoing instrument on behalf of Johnny Miller Design, Ltd., and duly acknowledged to me that they executed the same as Mortgagors on behalf of said Johnny Miller Design, Ltd. Û ~ NOT~ STATE OF ) N:\20079\I\GolfCowse Agreement in Aftonlmortgage 7-18-06.wpd 3 ::!:i¿*2::~*:~ ~~ "·EJ ',... '~I'~~.tlj. ,tr, , ': ~~:.".;~~.:!:~. ;.:1:;