HomeMy WebLinkAbout928493
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6010715073
000680
MORTGAGE
Melvin Dean Shoell and Angela C Shoell, Husband and Wife, of 83130 Highway 89,
Afton, Wyoming 83110, (herein collectively called 'MORTGAGOR"), to secure the
payment of $600,000.00, with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is April 1, ,
2017) and all renewals, modification and extensions thereof, do hereby mortgage unto
Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson
Family Trust dated April 10, 1997 of Box 677 Afton, WY 83110 (herein called
"MORTGAGEE"), the following described real property, situate in the County of
Lincoln, State of WY, hereby releasing and waiving all rights under and by virtue of the
homestead exemption laws ofthe State of Wyoming, to-wit:
See Exhibit "A"
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 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.
J,W# c-. JA 4l
Áfl€ela C oell
RECEIVED 4/17/2007 at 11:17 AM
RECEIVING # 928493
BOOK: 654 PAGE: 680
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
0928493
,I
-
000681
State of Wyoming )
)ss,
County of Lincoln )
The foregoing instrument was ac
Shoell and Angela C. Shoell
Witness my hand and official seal
A?ttCVU:CU M ~
Notary Public:
My commission expires: 9 - /5" -D 7
GLORIA K. BYERS· NOTARY PUBLIC
f O· State of
County 0 '" Wyoming
Lincoln
My CommIssion Expires Sept. 15, 2007
"
Professional Land Surveyors
Paul N. Scharbal
Wyo. Raglslration No, 164
Ulah ReglslraUon No. 1670
Idaho Reglslralion No, 3990
Nevada ReglstraUon No, 6805
Scoll A, Scherbel
Wyo. Registration No, 3889
Idaho Registration No. 8026
Ulah Registration No, 372111
MARLOWE A, SCHERBEL
Wyo. Reglslratlon No. 5368
Surveyor Scherbel, LTD,
Alton, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hol Springs, Idaho
Montpelier, Idaho
"wI~._- ---
000682
DESCRIPTION FOR
ALVIN L. ROBINSON AND ALICE L. ROBINSON
CAR WASH TRACT
To-wit: - -
That part of the NE!!4NE!!4 of Section 36, T32N R119W, Within the incorporated limits of
the Town of Afton, Lincoln County, Wyoming, being part of that tract of record in the
Office of the Clerk of Lincoln County in Book 413 of Photostatic Records on page 271,
described as follows:
COMMENCING at a point on the west right-of-way line of U.S. Highway 89 identical
with an intersection with the south line of Nield Avenue S77°-18'-36"W, 159.77 feet from
the northeast comer of said Section 36, as described in the Comer Record filed in said
Office;
thence SOl°-02'-54"E, 150.00 feet, along said west right-of-way line, to the POINT OF
BEGINNING, identical with the southeast point of that tract of record in said Office in
Book 587 of Photostatic Records on page 762;
thence continuing SOl 0-02'-54"E, 94.43 feet, along said west right-of-way line, to a bathey
on the south line of the Original Townsite of Afton;
thence continuing SOl 0-02'-54"E, 59.00 feet, along said west right-of-way line, to the
southeast corner of that tract of record in said Office in Book 413, marked by an "X"
etched in concrete;
thence S89°-19' -42"W, 143.70 feet, along the south line of said tract, to a bathey;
thence continuing S89°-l9'-42"W, 26.99 feet, along said south line, to a point;
thence N15°-20'-48"E, 3.46 feet, to a point;
thence NOl 0-38'-24"E, 150.03 feet, to the southwest corner of said tract of record in Book
587;
thence N89°-15'-42"E, 162.68 feet, along the south line of said tract, to the POINT OF
BEGINNING;
ENCOMPASSING an area of 0.59 acres, more or less;
the BASE BEARING for this survey is the west line of the Airport Addition to the Town
of Afton, Plat No. 313 with Instrument No. 629802, being situate between two 2" brass
markers set in concrete, inscribed "AFT ON BOUNDARY", and appropriate details, set by
Ivan L. Call, the bearing being N01 o-05'-00"W.
TOGETHER with a right of ingress and egress and utilities over, under and across a strip
ofland thirty (30) feet in width with the east right-of-way line described as follows:
BEGINNING at the southwest point of the above described tract;
thence N15°-20'-48"E, 3.36 feet, along the west line of the above described tract, to a
point;
thence NOl 0-38'-24"E, 150.03 feet, along the west line of the above described tract, to the
northwest comer thereof;
"Modification in any way of the foregoing description terminates liability of. the surveyor"
O~~8433
DESCRIPTION FOR
ALVIN L, ROBINSON AND ALICE L. ROBINSON
CAR WASH TRACT
PAGE TWO
0006B3
thence continuing NOlo-38'-24"E, 150.02 feet, along the west line of that tract of record in
said Office in Book 587 of Photostatic Record on page 762, to a point;
the westerly right-of-way line of the above described easement to be shortened or
lengthened as necessary to create a continuous easement with a minimum width of thirty
(30) feet to meet the southerly right-of-way line of Nield A venue and the westerly
extension of the south line of the above described tract;
each "corner" found as described in the Corner Record filed or to be filed in the Office of
the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate
details;
each "bathey" marked by a steel T-shaped stake 24" long with a metal cap inscribed,
"SURVEY POINT DO NOT DISTURB RLS 164" and/or "PAUL N. SCHERBEL RLS
164 SURVEY POINT";
each "X" indicates a mark chiseled into a concrete driveway;
all in accordance with the plat filed in the Office of the Clerk of Lincoln County, Wyoming
titled, "ROSS A. NIELD AND MABLE H. NIELD CHARITABLE REMAINDER
UNITRUST, DATED 20FEBRUAR Y 1998 AND ROSS A. NIELD FAMILY TRUST,
DATED 10 JANUARY 1984 PLAT OF TRACTS WITHIN BLOCK 30 LOTS 3 AND 4
ORIGINAL TOWNSITE OF AFTON AND WITHIN THE SOUTHWEST AFTON
ANNEXATION TO THE TOWN OF AFTON IN THE NEl/4NE1/4 SECTION 36 T32N
R1l9W LINCOLN, .CQUNTY, 0 ING", dated 4 March 1998, as revised, with
Ins ent o. 860t:;28.· at
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