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RECEIVED 7/12/_ .4:34 PM
RECEIVING # 931228
BOOK: 665 PAGE: 565
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
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GORDON D. GUNTER, a married man, herein referred to as Mortgagor, whose address is
105 Willow Avenue, Kemmerer, WY 83101, to secure the payment of the principal sum of One
Hundred Fifty Thousand Dollars ($150,000.00), together with interest, as evidenced by a promissory
note dated as of January 3, 2007 (the "Note"), to the order of HELEN R. SNEDDEN, as Trustee of
the HELEN R. SNEDDEN REVOCABLE TRUST dated January 21,2003, whose address is 111
Willow, Kemmerer, WY 83101, herein referred to as Mortgagee, hereby mortgages to Mortgagee, all
of Mortgagor's undivided one-half (l/2) interest in and to the following described real estate, situate
in the County of Lincoln, State of Wyoming, to-wit:
A parcel ofland lying within Tract 59 of the Resurvey of Township 21 North,
Range 116 West of the 6th Principal Meridian, Lincoln County, Wyoming, and
more particularly described as follows:
Commencing at the Southwesterly Corner of the Willow Addition to the Town of
Kemmerer, thence South 4°38' West, 55.70 feet;
thence South 52°52'30" East, 48.80 feet to the point of beginning;
thence South 82°56' East, 168.22 feet;
thence South 42°52' East, 150.02 feet;
thence North 64°06' West, 299.06 feet to the point of beginning, and containing
0.186 acres, more or less.
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Commencing at the Northeasterly Corner of Lot Twelve (12) of Block Five
(5) of the Willow Addition to the Town of Kemmerer, Lincoln County, Wyoming,
thence South 85°22' East, 50.00 feet to the point of beginning;
thence South 85°22' East, 207.03 feet;
thence South 5°19' West, 160.02 feet;
thence North 85°22' West, 205.15 feet;
thence North 4°38' East, 160.00 feet to the point of beginning, and containing
0.754 acres, more or less.
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A Parcel ofland within the Town limits of the Town of Kemmerer, Lincoln
County, Wyoming adjacent to the Southerly boundary of the Willow Addition to
the Town of Kemmerer, Wyoming, lying in Tract 59, Section 13, Township 21
North, Range 116 West of the 6th Principal Meridian, and more particularly
described as follows:
Beginning at a point in said Tract 59 which is N. 19°47' E., 1780.92 feet from
Corner number 4 of Tract 49, Section 13, T. 21 N., R. 116 W., 6th P.M.,
Wyoming, which point is identical with the Southwesterly corner of the Willow
Addition to the Town of Kemmerer, Wyoming, as surveyed, platted and recorded;
thence S. 85°22' E., 350.00 feet;
thence N. 4°38' E, 190.00 feet;
thence S 85°22' E., 150.00 feet;
thence S. 4°38' W., 485.63 feet;
thence N. 85°22" W., 29.60 feet;
thence N. 37°04'30" W., 130.67 feet;
thence N. 78°32' W., 64.02 feet;
thence N. 42°17'30" W., 152.66 feet;
thence N. 80°24' W., 107.64 feet;
thence S. 89°46'30" W., 60.15 feet;
thence N. 52°52'30" W., 48.80 feet;
thence N. 4°38' E., 55.70 feet to the point of beginning, and containing 2.36 acres,
more or less.
A parcel ofland lying with Tract 59 and Tract 60 of the resurvey of Township 21
North, Range 116 West of the 6th Principal Meridian, Lincoln County, Wyoming,
and more particularly described as follows:
Commencing at Comer No.1 of Tract 51 of the Resurvey;
thence North 19°47'00" East, 1780.92 feet to the Southwesterly Comer of the
Willow Addition to the Town of Kemmerer, Wyoming;
thence South 85°22'00" East, 350.00 feet;
thence North 4°38'00" East, 190.00 feet;
thence South 85°22'00" East, 150.00 feet to the point of beginning;
thence South 4°38'00" West, 485.63 feet;
thence North 85°22'00" West, 29.60 feet;
thence South 1 °51 '30" East, 156.00 feet;
thence South 37°30'00" East, 102.42 feet;
thence South 64°17'30" East, 232.34 feet;
thence North 3°18'30" East, 800.80 feet;
thence North 85°22'00" West, 255.15 feet to the point of beginning, and
containing 4.586 acres, more or less.
ALSO, three parcels ofland lying with Tract 59 of Resurvey of Township 21
North, Range 116 West of the 6th Principal Meridian, Lincoln County, Wyoming,
and more particularly described as follows:
Commencing at the Southwesterly Comer of the Willow Addition to the Town of
Kemmerer, Wyoming, thence South 4°38' West, 55.70 feet to the point of
beginning;
thence South 4°38'00" West, 11.30 feet;
thence South 65°27'00" East, 43.78 feet;
thence North 52°52'30" West, 48.80 feet to the point of beginning, and containing
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232.55 square feet, more or less, AND
Commencing at the Southwesterly Corner of the Willow Addition to the Town of
Kemmerer, Wyoming, thence South 4°38' West, 55.70 feet;
thence South 52°52'30" East, 48.80 feet to the point of beginning;
thence South 82°56'00" East, 168.22 feet;
thence South 42°52'00" East, 150.02 feet;
thence North 42°17'30" West, 152.66 feet;
thence North 80°24'00" West, 107.64 feet;
thence South 89°46'30" West, 60.15 feet to the point of beginning, and containing
911.33 square feet, more or less, AND
Beginning at the Southeasterly Corner of Lot Two (2) in Block Five (5) ofthe
Willow Addition to the Town of Kemmerer, Wyoming, thence South 85°22' East,
50.00 feet;
thence North 4°38' East, 140.00 feet;
thence North 85°22' West, 50.00 feet;
thence South 4°38' West, 140.00 feet to the point of beginning, and containing
7,000 square feet, more or less.
A portion of the above-described land now being known as the Riverside Addition
to the City of Kemmerer, Lincoln County, Wyoming.
LESS AND EXCEPT the following parcels:
Exception Parcell:
Lands lying within the Riverside Addition to the City of Kemmerer, Lincoln
County, Wyoming as described on the official plat thereof.
Exception Parcel 2:
A parcel ofland lying within Tract 59 of the Resurvey ofT21N R116W of the 6th
P.M., Lincoln County, Wyoming more particularly described as follows:
COMMENCING at Corner No.1 of Tract 51 of the Resurvey ofT21N R116W of
the 6th P.M., thence N 35°12' 14" E, 1996.54 feet to the TRUE POINT OF
BEGINNING of this description;
thence S 4°38' W, a distance of248.39 feet;
thence S 63°57'43" W, a distance of92.52 feet;
thence S 1 °51 '30" E, a distance of 156.50 feet;
thence S 37°30'00" E, a distance of 102.42 feet;
thence S 64°17'30" E, a distance of232.34 feet;
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thence N 3°18'30" E, a distance of610.75 feet;
thence N 85°22' W, a distance of209.54 feet to the TRUE POINT OF
BEGINNING.
EXCEPTING THE FOLLOWING THEREFROM a parcel of land lying within
Tract 59 and Tract 60 of the Resurvey ofT21N R116W of the 6th P.M., Lincoln
County, Wyoming more particularly described as follows:
COMMENCING at Comer No.1 of Tract 51 of the Resurvey ofT21N R116W of
the 6th P.M., Lincoln County, Wyoming;
thence N 35°12'14" E, a distance of 1996.54 feet to the POINT OF BEGINNING;
thence S 4°38' W, a distance of 160.00 feet;
thence S 85°22' E, a distance of212.24 feet;
thence N 3°18'30" E, a distance of 160.04 feet;
thence N 85°22' W, a distance of208.54 feet to the POINT OF BEGINNING.
including all buildings and improvements thereon or that may hereafter be erected thereon; together
with hereditaments and appurtenances and all other rights thereunto belonging, or in any manner now
or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues,
and profits thereof, and all fixture and equipment now or hereafter attached to or used in connection
with the premises.
Mortgagor hereby covenants that Mortgagor is lawfully seized of the premises, that they are
free from all encumbrances, and hereby covenants to warrant and defend the title of the premises
against the lawful claims of all persons whomsoever.
And Mortgagor covenants with Mortgagee as follows:
SECTION ONE
RENTS. ISSUES. AND PROFITS
In case of default in any of the payments stipulated in the note, Mortgagor as further security
for this mortgage and the Note secured thereby, hereby assigns, sets over, and conveys to Mortgagee
all Mortgagor's interest in and to all rents, issues, and profits from the property.
SECTION TWO
ASSIGNMENT
The Mortgagor shall not transfer the property, nor assign, pledge or otherwise alienate any of
the rents, issues and profits from the property, without prior written consent of the Mortgagee.
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SECTION THREE
PAYMENT OF INDEBTEDNESS
Mortgagor will pay the indebtedness as provided in the Note. Mortgagor may prepay said
indebtedness, either in whole or in part, at any time, provided that early payments will not, unless
agreed by the Mortgagee in writing, relieve the Mortgagor of his obligation to continue to make the
monthly payments provided for in the Note.
SECTION FOUR
GROUND RENTS; TAXES AND ASSESSMENTS
Mortgagor will pay all ground rents, taxes, assessments, water rents, and other governmental
or municipal charges, or other lawful charges, and will promptly deliver the official receipts therefor
to Mortgagee upon request. In default thereof, Mortgagee may pay the same.
SECTION FIVE
MAINTENANCE OF PROPERTY
Nothing shall be done on or in connection with the property that may impair Mortgagee's
security hereunder; Mortgagor will commit, pennit or suffer no waste, impairment or deterioration of
the property or any part thereof, and the property shall be continuously maintained in good and
sightly order, repair and condition by Mortgagor at Mortgagor's expense.
SECTION SIX
HAZARD INSURANCE
Mortgagor will keep the improvements now existing or hereinafter erected on the premises,
insured for fire and extended coverage in such amount at least equal to the outstanding balance of the
note. All insurance shall be carried in reputable companies, and the policies and renewals thereof
shall have attached thereto loss payable clauses in favor of and in fonn acceptable to Mortgagee. In
the event ofloss, Mortgagor will give immediate notice by mail to Mortgagee, who may make proof
of loss if not made promptly by Mortgagor, and each insurance company concerned is hereby
authorized and directed to make payment for such loss to Mortgagor and Mortgagee jointly; the
insurance proceeds or any part thereof may be applied by Mortgagee at Mortgagee's option either to
the reduction of the indebtedness hereby secured or to the restoration or repair of the property
damage. In event of foreclosure of this mortgage or other transfer of title to the premises in
extinguishment of the indebtedness secured hereby, all right, title and interest of Mortgagor in and to
any insurance policies then in force shall pass to the purchaser or grantee.
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SECTION SEVEN
CHARGES: LIENS
In case Mortgagor defaults in the payment of ground rents, if any, taxes, assessments, water
or other governmental or municipal charges, or other lawful charges as herein provided, Mortgagee
may without notice or demand pay the same and in case of any failure on the part of Mortgagor to
comply with the covenants of Section Five hereof, Mortgagee may effect such repairs as they may
reasonably deem necessary to protect the property, at the expense of Mortgagor. Mortgagor shall
repay such sums to paid and all expenses so incurred by Mortgagee, with interest thereon from the
date of payment, at ten percent (10%) per annum, and the same shall be a lien on the premises and be
secured by the Note and by these presents; in default of making such repayments the whole amount
hereby secured if not then due shall, if Mortgagee so elect, become due and payable forthwith,
anything therein contained to the contrary notwithstanding.
SECTION EIGHT
ACCELERATION
In case default is made in the payment, when due and for thirty (30) days thereafter, of the
indebtedness hereby secured, or of any installment thereof or any part thereof, or in case of breach of
any covenant or agreement contained in the purchase agreement, note or this Mortgage, and such
default or breach is not cured within thirty (30) days after written notice and demand, the whole of
the then indebtedness secured hereby, inclusive of principal, interest, arrearage, ground rents, if any,
taxes, assessments, water charges, expenditures for repairs or maintenance, together with all other
sums payable pursuant to the provisions thereof, shall become immediately due and payable, at the
option of Mortgagee, although the period above limited for the payment thereof may not have
expired, anything herein before or in the note contained to the contrary notwithstanding; any failure
to exercise such option shall not constitute a waiver of the right to exercise the same at any other
time; and it shall be lawful for Mortgagee to proceed to enforce the provisions of this mortgage
either by suit at law or in equity, as Mortgagee may elect, or to foreclose this mortgage by
advertisement and sale of the premises, at public auction for cash, according to Wyoming Statutes
governing mortgage foreclosures, and cause to be executed and delivered to the purchaser or
purchasers at any such sale and good and sufficient deed or deeds of conveyance of the property so
sold, and to apply the net proceeds arising from such sale first to the payment of the costs and
expenses of such foreclosure and sale and in payment of all monies expended or advanced by
Mortgagee pursuant to the provisions of Section Seven hereof, and then to the payment of the
balance due on account of the principal indebtedness secure hereby, together with interest thereon,
and the surplus if any, shall be paid by Mortgagee on demand to Mortgagor. There shall be included
in any or all such proceedings a reasonable attorney's fee. In case Mortgagee fails promptly to
foreclose on the happening of any default, Mortgagee shall not thereby be prejudiced in Mortgagee's
right to foreclosure at any time thereafter during which such default continues, and shall not be
prejudiced in Mortgagee's foreclosure rights in case of further default.
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SECTION NINE
MORTGAGEE'S RIGHT OF POSSESSION
In case of any default whereby the right of foreclosure occurs hereunder, Mortgagee shall at
once become entitled to exclusive possession, use and enjoyment of Mortgagor's interest in all
property, and to all rents, issues and profits thereof, from the accruing of such right and during the
pendency of foreclosure proceedings and the period of redemption, if there is any; and such
possession, rents, issues and profits shall at once be delivered to Mortgagee on request, and on
refusal, the delivery of such possession, rents, issues and profits may be enforced by Mortgagee by
any appropriate civil suit or proceeding, including action or actions in ejectment or forcible entry, or
unlawful detainer; and Mortgagee shall be entitled to a receiver for the property and the rents, issues
and profits thereof, after any such default, including the time covered by foreclosure proceedings and
the period of redemption, if there is any, and shall be entitled thereto as a matter of right without
regard to the solvency or insolvency of Mortgagor or the then owner of the property, and without
regard to the value of the property or the sufficiency thereof to discharge the mortgage debt and
foreclosure costs, fees and expenses; and such receiver may be appointed by any court of competent
jurisdiction on ex parte application and without notice (notice being hereby expressly waived, and
the appointment of any such receiver of any such application without notice being hereby consented
to by Mortgagor on Mortgagor's own behalf), and all rents, issues, profits, income and revenue of the
property shall be applied by such receiver, according to law and the orders and directions of the
court.
SECTION TEN
BINDING EFFECT
The covenants herein contained shall bind, and the benefits and advantages shall inure to, the
respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever
used, the singular number shall include the plural, the plural the singular, and the use of any gender
shall include all genders.
IN WI1NESS WHEREOF, Mortgagor duly executed this Mortgage on this 8-~day of
dU-U.-j , 2007.
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GORDON D. GUNTER
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THE STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The forgoing instrument was subscribed and sworn to before me by GORDON D. GUNTER,
this _l~ day of. c:-..1u~ ' 2007.
Witness my hand and official seal.
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My commission expires:
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