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HomeMy WebLinkAbout928493 (...1), ::i ;>, . .&:J /).Q, "... 13 '8 -0 (.:~ .... (.) 0;>-, u "- . ~:::..þ l,.,~ c::: OJ) 0 0 .S ?> À 15 e ~ ",ot ___ (/) '::I 'fj~8 JJ' \'.01 _ Ie: ,,~ ,~ "'~. l~ ( ) B ~ C':t 0..... "';;;~ ..,. J ) ~ u ~¡::: ,~ ~ ?ì '7 J ,~ (4 ~_ f " (, -..t} I¡f? ;7 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 ~ . .~. , ~. o'!\le · .,~ arch 2007 -'1 ., rV1 .~ oay!V "", ~OMIHG ~,.,/