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Home My WebLink About931548 000664 yr' 6010715322 u ~ » . ,.t:J 1oJ) ~.. "'C, .~ CJ~'" "t.1 ¡~ 6.§; . ~ ì~~ b c... d g>QO .- ?; » 4) 0 "" ~ td~ ,- '" ::s ç; ¡n 8 CD '1;1 c<:I C': ,~ ~, c,' "I r;: dJ ~ () ...~:: "0 .- t" ~ ..- Q) F§ ~ MORTGAGE Dennis O. Nate and Gregory Scott Nate, ofP,O, Box 117 Cokeville, WY 83114, (herein collectively called 'MORTGAGOR"), to secure the payment of$300,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is July 30,2007) and all renewals, modification and extensions thereof, do hereby mortgage unto Orson A. Nate and Alva N. Nate Family Trust dated Apri118, 2006 of Cokeville, WY 83114 (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 of the State of Wyoming, to-wit: See attached 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 fU11lish 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 fi:omtime 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 othelwise 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 att011ley'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. ~i p~ ~j ~:S:,~~~this~dayO~1007 ~ ~Œo.Nate d:r.~~~~ RECEIVED 7/24/2007 at 10:34 AM RECEIVING # 931548 BOOK: 666 PAGE: 664 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY OUU66S State of Wyoming ) )ss. County of Lincoln ) The foregoing instrument was acknowledged before me this 3~ay o~ by Dennis O. Nate and Gregory Scott Nate. Witn~Y hand md offici'¡ seal A ~l'l ~B Mowry blic: ~ My commission expires: DONNA BOOTH - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES SEPT. 20, 2007 "d'~pl""""~_ ~e':'<I''' 000666 Exhibit A File 6010715322 Description Parcel 1 North End! DAYTON RANCH That part of Tract 119 embracing Lots 24, 27, 41, and 42 and that part of Tract 123 embracing Lots 22 and 23, Township 25 North, Range 119 West, Lincoln County, Wyoming, lying and being situate Southwesterly of the center-line of State Highway 30 as relocated subsequent to 1979; Parcel 2 DAYTON RANCH That part of Tract No. 121, Tract No. 120, and Tract No. 110 of Township 25 North, Range 119 West, Lincoln County, Wyoming bounded and described as follows: On the East by the East line of said Tract No. 121; on the North by the North line of said Tract No. 121 and Tract No. 122; on the Northeast by the Southwesterly right-of-way line of State Highway 30; on the Southwest by the Northeasterly right-of-way line of abandoned State Highway 30 N; Excepting therefrom the following described tract: That part of Tract 120 and Tract 121 of Township 25 North, Range 119 West, Lincoln County, Wyoming described as follows: Beginning at the Northwest corner of said Tract No. 121 found as described in the Corner Record filed in the Office of the Clerk of Lincoln County; thence North 89°10' West, the Base bearing for this survey, 498.80 feet along the North line of said Tract no. 120 to a point of intersection with the North right-of-way line of abandoned State Highway 30 N.; thence Southeasterly, 155.67 feet along the arc of a circular curve to the left through a central angle of 03°06'49" with radius of 2864.58 feet; thence South 50°50' East, 527.17 feet along the said line to a point; thence North 39°10.3' East, 404.63 feet to a point on the South right-of-way line of State Highway 30; thence Northwesterly, 169.27 feet along the arc of a circular curve to the right through a central angle of 01 °15'11" with radius of 7739.44 feet along said line to a point of intersection with the North line of said Tract No. 121; thence North 89°27.3' West, 156.66 feet along the said North line to the Corner of Beginning; each point "SURVEYOR SCHERBEL L TD BIG PINE WY PLS164" all in accordance with the plat prepared titled "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION HARTT WIXOM DAYTON RANCHES, INC. PLAT OF TRACT IN TRACT 120 AND TRACT 121 T 25 N, R 119 W. LINCOLN COUNTY, WYOMING", to be filed in said Office. LESS AND EXCEPT all the lands described in deed recorded July 23, 1900 in Book K Deed Record, page 97, records of Lincoln County, Wyoming. 000667 Parcel 3 DAYTON RANCH Those parts of Tract No. 103, Tract No. 110, Tract No. 120, and Tract No. 121 of resurvey Township 25 North, Range 119 West, Lincoln County, Wyoming lying and being situate between the Southwesterly right-of-way line of abandoned and vacated State Highway 30N to its junction with the extant State Highway 30 in Tract No. 103; and the Westerly right-of-way line of said extant Highway 30 in said Tract No. 103; and the Northeasterly right-of-way line of the A Oregon Short Line Railroad Company (Union Pacific Railroad Company) right-of-way; together with an easement for ingress and egress along said abandoned and vacated State Highway 30N as the same is or loecord in the Office of the Department of Transportation of the State of Wyoming in Cheyenne, Wyoming;