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HomeMy WebLinkAbout87627002015222 35191240042800 'rB'(5OK_z~?_~ PR PAGE g '~' '~/' (,'<,~ ,~"~ ,' CLERK MORTGAG~ OF ~AL ESTATE THIS ~D~NTU~, Made this /~ day'of ~ ~. ,200], between aoseph W. ~ressler, of Lincoln County, State of Wyoming of the first pan, and ~ames Patrick O'Bannon, Trustee of The Trust of James Patrick O'Bannon Dated 28 September, 2000, of Lincoln 0otlnty, State of Wyo~ng of the second pa~. WITNESSETH, That said pa~y of the first pa~ in consideration of the sum of Ttfi~y Thousand~ and no/100 dollars, ($30,000.00), the receipt 0fwhich is hereby acknowledged, does by these presents, grant, bargain, sell and convey unto said pa~y of the second pa~, his heirs and assigns all t~e following described real estate, situated in Lincoln County, State of Wyoming, to-wit: , TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements, hereditaments and appmlenances thereunto belonging, or in an~ise appe~aiNng forever. THIS CONVEYANCE is intended as a mo~gage to secure the payment of Promisso~ Note of even date herewith: '~ Made to James Patrick O'Bannon, Trustee of The Trust of James ~ Patrick O'Ba~on Dated 28 September, 2000 with no interest accruing or payable, payable in one lump sum tNee years from the sigNng 'hereof, and signed by first pa~y. Said first party hereby covenants that be is the owner in fee simple of said premises and that they are fi-ee and clear of all incumbrances. That he has good right and authority to convey and encumber the same and he warrants and will defend the same against the [awful claims of all persons whomsoever. Said first party agrees to insure the buildings On said premises against Fire, Tornado and Hail in the sum of $30,000.00 for the benefit ofthemortgagee and maintain such insurance during the existence of this Mortgage, and to pay all taxes and assessments lawfully assessed on said premises before delinquent. Said first party further expressly agrees that in case of foreclosure of this Mortgage, and as often as any proceedings shall be taken to foreclose the same as herein provided, the mortgagor will pay to the said mortgagee $2,000.00 as attorney's or solicitor's fees therefor, in addition to all other statutory fees, said fee to be due and payable upon the filing of the petition for foreclosure and the same shall be a further charge and lien upon said premises deScribed in this Mort:gage, and the amount thereof shall be recovered in said foreclosure suit and included in any judgment or decree rendered in any action as aforesaid, and collected, and the lien thereof enforced in the same manner as the principal debt hereby secured. NOW, if said first party shall pay or cause to be paid to said second party, heirs and assigns said sum of money in the above described notes mentioned, together with interest thereon according to the terms and tenor of said note and shall make and maintain such insurance and pay such taxes and assessments, then these presents shall be wholly discharged and void, otherwise remain in full force and effect. If such insurance is not effected and maintained, or if any and all taxes are not paid before delinquent, the mortgagee may effect such insurance or pay such taxes and assessments and shall be allowed interest thereon at lhe rae of 10% per annum until paid, and this Mortgage shall stand as security for all such paymems. Ahd if said sum or sums of money or any part thereof is not paid when due or if such insurance is not effected and maintained, or any taxes or assessments are not paid before delinquent, the l~older of said note and this Mortgage may elect to declare the whole sum or sums and interest due and payable at once and proceed to collect said debt., including attorney's fees, .and to foreclose this Mortgage, and shall be entitled to possession. Said first party waives notice of election to declare the whole debt due as above stated and also the benefit of stay, valuation and appraisement laws. IN WITNESS WHEREOF, The said first party has hereunto set his hand the day and year first above written. /f,,~ JCl, [2/ ,~t .LMc/  ];eph'~. Bressler' ACKNOWLEDGMENT STATE OF WYOMING, ) COUNTY OF LINCOLN. ) Before me, the undersigned, a Notary Public in and for Said County and State on this / day of ~.p~- ,2001, personally appeared Joseph W. Bressler to me known to be the. identical persons ~who executed the within and foregoing instrument and acknowledged to me tliat he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. Notary Public My commission expires: ~E1;-21-01 FRI 11 ,a5 AM WYOMING HOME & RANCH ~?<::.?AX:307 654 7403 PAGE DESCRIPTION FOR TRUST OF JAMES PATRICK O'BA~NON, PATEP 28 SEPTEMBER 200 PARCEL A All of the north 450.00 fcct of the S~V¼$E¼ of Section I2, T3~N, RI 19W, Linco~ Coumy, Wyoming, ~ing p~ of that tract of r%o~d ~n the O[fice of the Clerk of Lincoln County in Book 4~3 of Photo~afic Records on page 319; ENCOMPASSING au. area of 13.78 acms~ morc or [css; TOGETHER with a right of ingress ~d egress and public utilities over, under ~d across a strip of land sixty (60) feet in width as described on the attached exhibit titled, "DESCRIPTION FOR HENRY'S MO~TAIH I.AND TRUST, HENRY'S MOUNTMN ROAD PIERCE DESCRIPTION"; AND, ' TOGETI.~R with a right of ingress and egress and public utilities over, under and across the north sixty (60) l~et of the NW~ of Section 13, T35N R119W; AND, TOGETHER with a right of ingress and egress and public utilities over, under ~d ~ross the north sixty (60) feet of the west one htmdred (100) feet of the N~N~NE% of said Section 13~ AND, TOGE'I'HER with a right of ingress and egress and public utilities over, under and across a strip of land si~y (60) feet in width ~ing thirty (30) feet each side of the ibllo~ng described centerline: BEGINNING at a ~int m~ked by a spike on the uorth line of the S~N~NE% of ~aid Section 13, N89°-28'_13-W, 1012.94 feet. Ii'om the northeast ~mer of said thence (L20) NS0 -49 -16 E, 71.28 ~et to n spike; thence (L21) N08%48'-38"E, 229.18 feet to a spike; thence (L22) N03%I9'=lS"E, 246.81 fcct to a spike at thc PC cfa circular Cumc to thc leR; thence (CI 3) northwesterly, ~69.06 t~et, along the ~c o[ ~id curve, t~ough a central m~gle of 95%39'-38", with a radius of 101.26 feet ~d a chord ~ing N44%30'- 34"W, 150.10 feet~ ~o the PT Ihereog thence (I..23) S87 -39 -37 W, 293.29 feet, to a spike at the PC cfa ckcul~ c~e t0 :the right; thence (C14) northwesterly, 136.47 feet, along the ~c of said c~ve, t~ough a central ~gle of 59%57'-32', with a radius of 130.4i i~et ~d a chord ~g N62%21'- 37"W, 130.33 feet to thc ~~S of Henry's Mountain Road mark~ by a ~ike on the no~h line of the ~ of said Section 13; with thc side lines of the a~ve de~fibed strip lengthen~g or sho~cn~g to create a continuous and contiguous e~ement ~th a minimum width of sixty ('60) feet; ~D, TOGET~R ~th a right of ingress and egress and utilities over, under and across a parcel "Modific~tiofl in any w~y of the foregoing description terminates liability of the su~oyor" SEP-21-01~..:,, . AM WYOMING HOME & RANCH ::..:F.:%X:307. 654 7403 PAGE EXHIBIT "A" ~r' , · ~j-. '. DESCRIPTION FOR TRUST OF JAMES PATRICK O'BANNON, DATED ~8 SEPTEMBER 2000 PARCEL A PAGE TWO BEGINNING at the southeast comer of said SW¼SE¼; thence N00°-10'.53'q,.', 838.22 feet, ,along the east linc of said SW¼SE¼, to the southeast poi.ut o£Parcel A described above; thence S89°. 12'. 12"E, 30.00 ibet, along the south line of said Parcel A, to a point; thence S00°-10'.53'W, 543.03 feet, parallel with said cas! line, to a point; thcllCC · o , ,, ' ,"318 -34 -36 W, 310.49 to au intersection with thc south linc of said SW¼SE¼ on the westerly right-of-way line ofsald Henry's Mountain Road; thence S89°-25'-24"E, 127.98 feet to the CORNER OF BEGINNING; AND TOGETHER with a right of ingress and egress over and across the north ten (10) i~et of the east 1392.00 feet of said N½N¥~NE¼ for a non-motorized pedestrian and equestrian easement; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; '. each "intersection" and "point" marked by a' 5/8" x 24" steel reinfbrcJng rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368" or "S J ' S , I RVEYOR, CHERBEI., LTD BIG PINEY WY PLS 5368" with appropriate details; each "spike", "PC" and "PT" marked by a 3/8" x 12" steel spike referenced by two (2) 5/8" x 24" steel reintbrcing rods witl~ 2" aluminum cap inscribed, "SURVEYOR SCHERBEI, LTD BIG PINEY WY PLS 5368", with appropriate &tails: all in accordm~ce with the plal prepared to be filed in the ()ffice of the Clerk of Lincoln County titled, "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION FOR TRUSl: OF JAMES PATI.~.CK O'BANNON, DATED 28 sEpTEMBER 2000 WITHIN THE SW¼SE¼ S'~CTION 12 T35,,N3R1,).gw LINCOI,N COUNIY, WYOMING", dated 25 J'tm 200 as r vised.: · ~, ~i~a No. 16. ld~ ~ls~on No. N~ R~iavadoa No. ~o. ~ia~u~on Nv, A~o~. ~mir~g ~,~,,.,~ "Mo~lficalion in any way o[ I~e toreOoing description terminates liability Of tBa ~u~egor"