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RECEIVED 7/18/2007 at 2:53 PM
RECEIVING # 931383
BOOK: 666 PAGE: 156
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Do not writeltype above this line. For filing purposes only.
FORM 5014 (3-2007)
RETURN TO
PREPARER:
Farm Credit Services of America, PO Box 878 IIg Jan L
Casper, WY 82602 (367) 577-4700
Farm Credit Services of America
REAL ESTATE MORTGAGE
For the State of Wyoming
Open-End To Secure Present and Future Obligations and Advances
Date: June 27, 2007
Mortgagor(s):
Randal J Hruska, Trustee and Pamela J Hruska, Trustee for Randal J Hruska Living Trust and any
amendments thereto dated June 11 1991
Mortgagor(s):
Pamela JHruska, Trustee and Randal J Hruska, Trustee for Pamela J Hruska Living Trust and any
amendments thereto dated June 11 1991
Mailing Address: 510 Cherry Creek Dr
Rock Springs WY 82901-4399
The above named Mortgagor(s) in consideration of the extension of credit identified herein and any
future, additional or protective advances made at Mortgagee's option, hereby sell, convey, and
mortgage to Farm Credit Services of America, PCA, 5015 S 118th Street, Omaha. Nebraska 68137,
Mortgagee, its successors and assigns, from the date hereof until all obligations secured hereby are
paid in full, the following-described real estate in Lincoln County(ies), WvominQ, to wit:
Exhibit "A"
together with all Mortgagor's right, title, and interest in the property, now or hereafter acquired,
including: 'all buildings, fixtures, crops, and improvements now on or hereafter placed upon the
property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income,
profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature,
including geothermal resources; all personal property that may integrally belong to or hereafter become
an integral part of the real estate whether attached or detached, including any appurtenances and
accoutrements of any structure or residence secured hereby; easements and other rights and interests
now or at any time hereafter belonging to or in any way pertaining to the property, whether or not
specifically described herein; all above and below ground irrigation equipment and accessories; and all
leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter
issued, extended, or renewed by Mortgagor(s), any State, the United States, or any department,
bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as
the "property."
It is understood and agreed between Mortgagor(s) and Mortgagee that this mortgage is given to secure
the repayment in full of the following described obligations, regardless of whether Mortgagor(s) is(are)
liable thereon, and all future and additional loans or advances, protective or otherwise, which may be
made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), the
parties liable under the note(s) or credit agreement(s) or any of them, for any purpose, plus interest
thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s)
modifying the same.
Date of NoteCs) or Credit AareementCs)
06/27/2007
Principal Amount
200,000.00
Provided, however, that the total principal indebtedness outstanding and secured hereby at anyone
time will not exceed the sum of TWO HUNDRED THOUSAND ($200,000.00), exclusive of interest and
protective advances authorized herein or in the loan agreement(s).
App #: 119006; CIF #: 83406; Note #: 101
FORM 5014, Real Estate Mortgage
40108
Legal Doc. Date: June 27. 2007
Page 1
0001.57
NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR
ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
This mortgage will be due June 1. 2028.
Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property,
that Mortgagor(s) has good and lawful authority to mortgage the same, that the property is free and
clear of all liens and encumbrances, except encumbrances of record, and that Mortgagor(s) will warrant
and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagor(s) also
hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and
to the above described property. e
Mortgagor(s) and each of them further covenant and agree with Mortgagee as follows:
·1. To pay all liens, judgments, or other assessments against the property, and to pay when due all
assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or
privilege assigned to Mortgagee as additional security to this mortgage, including those in or on public
domain.
2. To insure and keep insured buildings and other improvements, including fixtures and attachments
now on or hereafter placed on the property to the satisfaction of Mortgagee. Such insurance will be
approved by and deposited with Mortgagee, and endorsed with a mortgage clause with loss payable to
Mortgagee. Any sums so received by Mortgagee may be applied in payment of any indebtedness
matured or unmatured secured by this mortgage, or at the option of Mortgagee may be used to pay for
reconstruction of the destroyed improvements. Such insurance will be in an amount at least equal to the
lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the
property, and will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles,
vandalism, civil commotion, smoke, windstorm, and hail. Mortgagor(s) will obtain and keep flood
insurance in force to cover losses by flood as required by Mortgagee and by the National Flood
Insurance Act of 1968, as amended, and by regulations implementing the same. Mortgagor(s) further
agrees that Mortgagee is not and will not be liable for any failure by me/us or by any insurer, for
whatever reason, to obtain and keep this insurance in force.
3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on
the property occupied and in good repair, maintenance, and condition and to neither commit nor permit
any acts of waste or any impairment of the value of the property. Mortgagee may enter upon the
property to inspect the same or to perform any acts authorized herein or in the credit agreement(s).
4. In the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or
charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements
as provided herein or in the credit agreement(s), Mortgagee, at its option, may make such payments or
provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the
principal indebtedness secured hereby, be immediately due and payable and bear interest at the
default rate provided in the note(s) or credit agreement(s)from the date of payment until paid. The
advancement by Mortgagee of any such amounts will in no manner limit the right of Mortgagee to
declare Mortgagor(s) in default or exercise any of Mortgagee's other rights and remedies.
5. In the event Mortgagee is a party to any litigation affecting the property or the lien of this mortgage,
including any action by Mortgagee to enforce this mortgage or any suit in which Mortgagee is named a
defendant (including condemnation and bankruptcy proceedings) Mortgagee may incur expenses and
advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses,
appraisal fees, and other charges and any amounts so advanced will become part of the principal
indebtedness secured hereby, be immediately due and payable and bear interest at the default rate
provided in the note(s) or credit agreement(s) from the date of advance until paid.
6. Any awards made to Mortgagor(s) or their successors by the exercise of eminent domain are hereby
assigned to Mortgagee; and Mortgagee is hereby authorized to collect and apply the same in payment
of any indebtedness, matured or unmatured, secured by this mortgage.
7. In the event of default in the payment when due of any sums secured hereby (principal, interest,
advancements, or protective advances), or failure to perform or observe any covenants and conditions
contained herein, in the note(s), credit agreement(s), or other instrument(s), or any proceeding is
brought under any Bankruptcy laws, Mortgagee, at its option, may declare the entire indebtedness
secured hereby to be immediately due and payable and the whole will bear interest at the default rate
as provided in the note(s) or credit agreement(s) and Mortgagee may immediately foreclose this
mortgage or pursue any other remedy at law or equity, including foreclosure by advertisement with a
power of sale in Mortgagee to the extent provided by applicable law. Delay by Mortgagee in exercising
its rights upon default will not be construed as a waiver thereof and any act of Mortgagee waiving any
specific default will not be construed as a waiver of any future default. If the proceeds under such sale
or foreclosure are insufficient to pay the total indebtedness secured hereby, Mortgagor(s) does hereby
agree to be personally bound to pay the unpaid balance, and Mortgagee will be entitled to a deficiency
judgment.
8. Upon default, Mortgagee will at once become entitled to exclusive possession, use, and enjoyment
of the property and to all rents, issues, crops, profits, and income thereof, from the time of such default
and during the pendency of foreclosure proceedings and the period of redemption, the delivery of which
may be enforced by Mortgagee by any appropriate suit, action, or proceeding. Mortgagee will be
entitled to a Receiver for the property and all rents, issues, crops, profits, and income thereof, without
regard to the value of the property, or the sufficiency thereof to discharge the mortgage debt and the
foreclosure costs, fees, and expenses. Such Receiver may be appointed by any court of competent
jurisdiction upon ex parte application, notice being hereby expressly waived. The Receiver will apply all
rents, issues, crops, profits, and income of the property to keep the same in good repair and condition,
pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to keep the
property insured, pay the expense of the receivership and attorney fees incurred by the Receiver, and
apply the net proceeds to the payment of the indebtedness secured hereby. Such Receiver will have
all the other usual powers of receivers authorized by law and as the court may direct.
App #: 119006; CIF #: 83406; Note #: 101
FORM 5014, Real Estate Mortgage
401DS
Legal Doc. Date: June 27, 2007
Page 2
000158
9. The integrity and responsibility of the Mortgagor(s) constitutes a part of the consideration for the
obligations secured hereby. Should Mortgagor(s) sell, transfer, or convey the property described herein
without prior written consent of Mortgagee, Mortgagee, at its option, may declare the entire
indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any
other default.
10. Assignment of Rents including Proceeds of Mineral Leases. Mortgagor(s) hereby assigns,
transfers, and conveys to Mortgagee all rents, royalties, bonuses, and delay moneys or other proceeds
that may from time to time become due and payable under any real estate lease or under any oil, gas,
gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may
hereafter come into existence, covering the property or any part thereof. All such sums so received by
Mortgagee will be applied to the indebtedness secured hereby; or Mortgagee, at its option, may turn
over and deliver to Mortgagor(s) or their successors in interest, any or all of such sums without
prejudice to any of Mortgagee's rights to take and retain future sums, and without prejudice to any of its
other rights under this mortgage. This assignment will be construed to be a provision for the payment
or reduction of the mortgage debt, subject to the Mortgagee's option as hereinbefore provided,
independent of the mortgage lien on the property. Upon payment in full of the mortgage debt and the
release of this mortgage of record, this assignment will become inoperative and of no further force and
effect.
11. This Mortgage constitutes a Security Agreement with respect to all the property described herein.
12. The covenants contained in this mortgage will be deemed to be severable; in the event that any
portion of this mortgage is determined to be void or unenforceable, that determination will not affect the
validity of the remaining portions of the mortgage.
By
Pamela Hruska Living Trust and any amendments thereto dated June
.-
By
By
TRUSTEE ACKNOWLEDGMENT
STATE OF
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COUNTY OF
On thislD~ day of~
before me, a Notary Public, personally appeared ,".
Trustee(s) for ~" "- ,~~~
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to me known to be the person(s) named in and who executed the foregoing instrument,
acknowledged that ~ executed the same as ..t.h.cJ.tVoluntary act and deed as such Trustee(s) for
the purposes therein mentioned.
(SEAL)
(Type name under signature)
My commission expires
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LegaIOoc.Oate: June 27, 2007
Page 3
App #: 119006; CIF #: 83406; Note #: 101
FORM 5014, Real Estate Mortgage
4010S
000159
STATE OF
COUNTY OF
TRUSTEE ACKNOWLEDGMENT
to \£) t'.~ O\eO
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ry before me, a Notary Public, personally appeared
Trustee(s) for , e ' : T~g-
to me known to be the person(s) named in an who executed the foregoing instrument,
acknowledged that _ executed the same as _ voluntary act and deed as such Trustee(s) for
the purposes therein mentioned.
My commission expires
c:¡j¡eX/Jo
AÁ~¥
(TYP~ name under signat e)
Notary Public in and for said County and State
(SEAL)
App #: 119006; CIF #: 83406; Note #: 101
FORM 5014, Real Estate Mortgage
401 DS
Legal Doc. Date: June 27,2007
Page 4
,
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-_ee_________ee_e______e___e___ ! Exhibit A
. ! FUe 601071~ch DescripUon
The land referred to in J document is Situatcd:;~ the State of Wyoming, COtmty of Uncoln, and is
descnòed as follows: ,~ '
Parcell
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Tract 1 ' :
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Parcel A;: I
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Southwest Quarter of the Northeast Quarter qfSection 9, Township 31 North Range 119 West
of the 61h P.M., Linco," County, Wyoming, EXCEPTING THEREFROM the followÌlI2
described land; !
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CDnunencång at the Northwest corner ofthe.Southwest Quarter of the Northeast Quarter of
saìd Section 9 and ruhning thence South :!oO· f~et;
thence East 500 feet; I . . :
thence Nòrth 11 oJ 9' ~ast, 202 feet, more o~ ~eS5, to the quarter section line;
thenC:è West 540 feet ~o the point of beginning.
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Parcel B: i
North Half of tbe Nofth Half of the Southeåit Quarter of Section 9, Townsbip 31 North Range
119 West of the 6111 P.~., Lincoln County WÝ~mlng.
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ParceJ C:: . i
Commencing at a poiht 40 rods Soutb and,:iÔ rods West frorn the Southeast corner of the
Northwt Quarter of: Section 9, Township 3j North Range) 19 West of the 6th .P.M., Lincoln
County, Wyoming, a~d running thence West 140 rods;
thence South 47 rods! .' ,
thence East 19 rods, ~re or less to the intenection of George Campbell Irrigation Ditch with
Crow Crèek Can.l; . .
thence meanderiqg a~ong the South bank oftbe said Crow Creek Canal to the point of
beginning.! .
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T~ct2 I .
Part of Section )0, T~1Vl1Shtp 31 North Range ~19 West of the ~b P.M., Lincoln County,
Wyoming, described as folJows:
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Commencing at the ~orthwest CDrner ofthé:Simthwest Quarter ofthe Northwest Quarter of
said Section 10 and r~nníng thence South 80'rbds;
thence East 6 rods; ¡ , :
tbeace North 40 rods?
tbenœ West 2 rods; ¡
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thence North 40 rods? '.
tbence West 4 rods t9 the point ofbeginnin~: :
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EXCEPTING THE_FROM the folloma¡, des c:ribed land;
That part of the Sout)¡east Quarte.- of the Northeast Quarter of Section 9 and tIlat part of the
Southwest Quarter of the Northwest Quarter pfSection 10 QfTownship 31 North Range 119
West of Lim:oln County, WyoßÙng, being piri of that tract of record in the DUke of the Clerk
of Lincoln County in¡Book323PR 00 page 3~ described as follows: .
Beginning aUhe NOrÞeast corner of said Sòutheast Quarter of the Northeast Quarter, found
as described in the Cþrner Record tiled In laid Office;
tbenœ South 89°38.Zr West, 435.00 feet, aIoÍl~ the North line of said Southeast Quarter of the
Northeast Quarter to a spike;
thence South OO"2S.0~ West, 1.58.04 feet to á point;
tbence South 89°34.0~ East, 500.98 feet to a p~nt on tÞe East line of said tract of record;
thence North OOIõl26.oi' East, 264.48 feet, along ~aid East line, to a spike em the North line of said
Southwest Quarter ofthe Northweat Quarter1
thence North 89°S4.3f West, 66.10 feet, along said North line, to the point ofbeginninR.
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Parcel z! .
The North Half of the South Half of the Southwest Quarter of tbe Northwest Quarter of
Settion 8) Township 30 North Range 118 Wèst ofthe 6'/0 P.M., Lincoln County, Wyoming.
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Parcel 3 " .
Township 31 North ~ange 119 West oftbe ~:P.M., Lincoln County, Wyoming
Section 7; NortbeastiQuarter, West Half oflttie Southeast Quarter, Lots 2 and 3;
Section 18: Lot 2; ;
Section 5: Lots 1, Z_nd 3; '. .
Section 6: Commen~lJ.g at a point whiclì is ith~ Northeast corner of the Southeast Quarter of
the Southeast Quart,. of Section 6 and runnlqg tbence South 80 rods;
thence West 80 rods;:
thence in a Northeas~erly direction to the pOt~t of beRinnioR.
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