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NTL-1439
When recorded mail to:
Pioneer Builders of Nevada
225 South Cordova Ave.
LeCenter, MN 56057
RECEIVED 8/24/2007 at 2: 1 0 I-IVI
RECEIVING # 9.32460
BOOK: 669 PAGE: 879
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
REAL ESTATE MORTGAGE
000879
FOR VALUE RECEIVED,
DANIEL ALLPHIN and BRUCE DA VIS,
the "Mortgagors", do hereby grant, bargain, sell and convey unto
PIONEER BUILDERS OF NEV ADA
collectively the "Mortgagees", the following described premises, in Lincoln County, Wyoming:
,
tV
7
':S~ Attached Exhibit flA"
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Mortgagees, their heirs
and assigns forever.
This conveyance is intended as a mortgage to secure the Promissory Note dated August 23,2007, in the amount
of$I,OOOOOO.OO., plus interest payable to the Mortgagee, with final payment due AUGUST 23,2008, and
providing for acceleration of the due date of the principal for default in the payment of interest or any
installment of principal, and providing for a reasonable attorney's fee in case of suit of action.
The Mortgagors covenant and agree with the Mortgagees as follows: That they are the owners in fee simple of
the above described premises and that they are free from all encumbrances except as provided on the
conveyance deed to them, and except this Mortgage.
That they will pay the indebtedness hereby secured promptly, according to the terms of said Promissory Note.
That they will pay all taxes, liens and assessments of any nature hereafter levied or imposed, or becoming
payable, upon said premises not later than the twentieth day before delinquency.
If the Mortgagors shall fail to pay any such tax or lien, the Mortgagees may pay the same, and all payments by
the Mortgagees for any such purpose shall be added to the indebtedness hereby secured, and shall be repayable
on demand, with interest at the rate of eighteen percent (18%) per annum until paid.
For the purpose of further securing said indebtedness and performance of the convenants herein contained, the
Mortgagors hereby sell and assign to the Mortgagees any and all rentals accruing, or to accrue on said premises,
during the life of this Mortgage.
If the said Mortgagors shall payor cause to be paid all moneys which may become due upon said Promissory
Note and shall otherwise comply with the terms and conditions hereof, this conveyance shall be void; but in
-".........,- -
case default shall be made in the payment of the indebtness hereby herein contained, then the Mortgagees or
their assigns, at their option may declare the entire indebtedness hereby secured immediately due and payable,
and foreclose this Mortgage and cause said mortgaged premises to be sold in the manner provided by law, and
out of the moneys arising from such sale retain principal and interest together with any sums advanced as
provided herein, with interest as aforesaid, together with the costs and charges of such foreclosure suit and sale,
including such sums as the court may adjudge reasonable as an attorney's fee to be allowed the plaintiff, and the
overplus, if any there be, pay over to the Mortgagors, their heirs and assigns.
Dated this August 23,2007.
~~~
D IEL ALLPHIN
~0~
BRUCE DA VIS
\
State of WG~\"6 )
County of N\'D\_ ) :ss
On 8·a.~.. ,2007, personally appeared before me DANIEL ALLPHIN and BRUCE DAVIS, sIgners
of the within instrument, who duly acknowledged to me that they executed the same.
Notary Public
Residing: L\(\ V\.
Expires: 2-~-0'\
CHERYL A. JONES - NOTARY PUBUC
County ot 1.& Slale ot
Unco/n . WyomIng
My Commission Expires Feb. 4, 2009
ORDER NUMBER: NTL-1439
EXHIBIT "A"
AS TO PARCEL #1A:
000881.
ALL OF THE SWY-i NEY-i AND S~ NWY-i NEY-i OF SECTION 32, T34N, R118W, OF THE 6TH P.M., LOCATED SOUTH OF
BEDFORD, LINCOLN COUNTY, WYOMING AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 32 AND RUNNINGNooll'34"E 1326.47 FEET TO
THE NORTHWEST CORNER OF SAID SWY-i NEY-i;
THENCE CONTINUING Nooll'24"E 662.81 FEET TO THE NORTHWEST CORNER OF THE S~ NWY-i NEY-i;
THENCE S89° 50'49"E 1318.51 FEET TO THE NORTHEAST CORNER OF SAID S~ NWY-iNEY-i;
THENCE Soo05'30"W 662.49 FEET TO THE SOUTHEAST CORNER OF SAID S~ NWY-i NEY-i;
THENCE CONTINUING Soo05'30"W 1324.98 FEET TO THE SOUTHEAST CORNER OF SAID SWY-i NEY-i;
THENCE N89°57'43"W, ALONG THE SOUTH LINE OF LAST SAID SWY-i NEY-i 1322.06 FEET TO THE POINT OF
BEGINNING.
PARCEL IB:
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND THROUGH A 60.00
FOOT WIDE STRIP OF LAND THE SOUTH AND EAST LINES THEREOF BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL OF LAND AND RUNNING
S89°57'09"E 991.75 FEET;
THENCE NORTH 660.00 FEET;
THENCE S89°57'09"E 330.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 32.
PARCEL 1 C:
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND
THROUGH A 60.00 FOOT WIDE EASEMENT LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE FROM THE
LINCOLN COUNTY ROAD NO. 12-126 (STRAWBERRY ROAD) TO THE WESTERLY LINE OF THE PARCEL OF LAND
ABOVE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN T~ NORTH LINE OF THE NWY-i OF SAID SECTION 32 SAID POINTBEING 988.07 FEET,
MEASURED DISTANCE (60 ROrbS OF RECORD), N89°49'52"W FROM THE NORTHEAST CORNER OF SAID NWY-i;
THENCE RUNNING So020'13"W"kLONG THE WEST LINE OF THE ELNO FLUCKIGER PARCEL, 663.86 FEET TO THE
SOUTHWEST CORNER OF SAId FLUCKIGER PROPERTY AND THE NORTHWEST CORNER OF THE BEDFORD WATER
AND SEWER DISTRICT EASEM~NT;
THENCE CONTINUING ALONG THE BOUNDARY LINES 0 SAID BEDFORD WATER AND SEWER DISTRICT
EASEMENT, THE FOLLOWING OURSES AND DISTANCE: So020'13"W 200.00 FEET; S89°53'lO"E 200.00 FEET; AND
No020'13"E 200.00 FEET TO THE SOUTH LINE OF SAID EL 0 FLUCKIGER PROPERTY;
THENCE S89°53'lO"E ALONG T 'E SOUTH LINE OF SAID E NO FLUCKIGER PROPERTY 789.77 FEET TO THE
SOUTHEAST CORNER OF THE LNO FLUCKIGER PROPE TY AND THE NORTHWEST CORNER OF SAID PARCEL.
PARCEL 1 D:
ALSO TOGETHER WITH AN EA EMENT FOR UTILITIES 1 .00 FEET WIDE LYING SOUTH OF THE LINE DESCRIBED
AS FOLLOWS: ~
BEGINNING AT A POINT 1414.0 FEET SOUTH FROM THE ORTHEAST CORNER OF SAID SECTION 32, TO THE
SOUTHEAST CORNER OF THE USTIN J. DAY PROPERTY
THENCE WEST, ALONG THE S UTH BOUNDARY OF SAI DAY PROPERTY 260.84 FEET TO THE SOUTHWEST
CORNER THEREOF;
THENCE N88°13'49"W 1059.56 F ET TO A POINT IN THE E ST LINE OF SAID PARCEL.
AS TO PARCEL #2A:
A PORTION OF THE NWY-i OF S CTION 32, T34N, R118W, 6 H P.M., LOCATED SOUTHWEST OF BEDFORD, LINCOLN
COUNTY, WYOMING AND BEl G MORE PARTICULARLY ESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEA T CORNER OF SAID NWY-i AND RUNNING N89°56'10"W, ALONG THE SOUTH LINE OF
SAID NWY-i, 1325.43 FEET TO T E SOUTHWEST CORNER OF THE SEY-i NWY-i;
THENCE RUNNING No022'19"E, ALONG THE WEST LINE OF SAID SEY-iNWY-i, 1327.56 FEET TO THE NORTWEST
CORNER OF SAID SEY-iNWY-i;
THENCE RUNNING S89°55'33"E, ALONG THE NORTH LINE OF SAID SEY-iNWY-i, 269.88 FEET;
THENCE No020'13"E 1327.59 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 32;
THENCE S89°49'52"E, ALONG LAST SAID NORTH LINE, 60.00 FEET TO A POINT 988.07 FEET, MEASURED DISTANCE
(60 RODS OF RECORD), N89°49'52"W FROM THE NORTHEAST CORNER OF SAID NWY-i;
THENCE RUNNING So020'13"W ALONG THE WEST LINE OF THE ELNO FLUCKIGER PARCEL, 663.86 FEET TO THE
SOUTHWEST CORNER OF SAID FLUCKIGER PROPERTY; S 89°53'10"E ALONG THE SOUTH LINE OF SAID FLUCKIGER
PROPERTY, 989.77 FEET TO THE NORTH EAST CORNER OF THE S~NEY-iNWY-i OF SECTION 32;
THENCE Sool 1'24"W, ALONG THE EAST LINE OF SAID S~NEY-iNWY-i, 662.81 FEET TO THE NORTH EAST CORNER OF
SAID SEY-iNWY-i;
THENCE Sool 1'34"W, ALONG THE EAST LINE OF SAID SEY-iNWY-i, 1326.47 FEET TO THE POINT OF BEGINNING.
PARCEL 2B:
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND THROUGH A 60.00
FEET WIDE EASEMENT LYING TO THE RIGHT OF THE LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SEY-iNWY-i OF SECTION 32;
THENCE RUNNING S89°56'IO"E, ALONG THE SOUTH LINE OF LAST SAID SEY-iNWY-i, 1325.43 FEET TO THE
SOUTHWEST CORNER OF THE SWY-iNEY-i OF SECTION 32;
THENCE S89°57'43"E, ALONG THE SOUTH LINE OF LAST SAID SWY-iNEY-i, 1322.06 FEET TO THE SOUTHEAST CORNER
OF SAID SWY-iNEY-i;
THENCE Noo05'30"E, ALONG THE EAST LINE OF SAID SWY-iNEY-i, 1324.98 FEET TO THE NORTHEAST CORNER OF
SAID SWY-iNEK