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D]¡;ED OF TRUST
000008
TInS DEED OF TURST, made this August 23, 2007 between Roger Linde
herein called GRANTOR, whose address is 44 North 3700 East, Rigby Idaho, 83446
an Idaho Corporation. herein called TRUSTEE, and Clee or Abbie Stokes herein called BENEFICIARY
WlTNESSE1H: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL and CONVEY TO
TRUSTEE IN TRUST, WIlli POWER OF SALE, that property in the County of Lincoln, Stale ofWyomiog.
consisting of not more than FORTY acres in area, described as follows:
Lot 1 of the Eiden AdditioD to the town of LaBarge, Linco1n County, Wyoming as described on the official plat
thereot:
TOGETIIER. WInI all the tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in
anywise appertaining, and the rents, issues and profits thereof: SUBJECT, HOWEVER, to the right, power and
authority hereinafter given to and confelI'ed upon Beneficiary to collect and apply such rents, issues and profits;
For the Purpose of Securing:
1. Períonnance of each agreement of grantor herein contained.
2. Payment of the indebtedness evidenced by a promissory note, of even date herewith, and any extension
or renewal thereot:, in the principal sum of90,OOO payable to Beneficiary or order and made by
Grantor, of the final payment of principal and interest thereof, if not sooner paid, to be finally due and
payable on February 23, 2008.
3. To secure payment of all such further sums as may hereafter be loaned or advanced by the Beneficiary
herein to the Grantor herein or any or either of them while record owner of present Ùlterest, for any
purpose, and any notes, drafts or other instruments representing such further loans, advances or
expenditures together with interest on all such sums at the rate therem provided. Provided, however,
that the making of such further loans, advances or expenditures shall be optional with the Beneficiary,
and that the total of all such further loans, advances or expenditures to be secured hereby shall in no
event exceed the total sum of90,OOO, and shall become due and payable no later than the final maturity
date of said note secured hereby, and provided, further, that it is the express intention of the parties to
this Deed of Trust that it shall stand as continuing security until paid for all such loans, advances or
expenditures together with interest thereon.
A. To protect the security ofthb Deed of Trust, Graotor agrees:
1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to
complete or restore promptly and in good and workmanlike manner any building which may be
cons1ructed, damaged or destroyed thereon and to pay when due all cJaims for labor perfonned and
materials furnished therefor; to comply with all laws affecting said property or requiring any
alterations or improvements to be made thereon; not to commit or pemrit waste thereoJ; not to commit,
suffer or permit any act upon said property in violation oflaw; to cultivate, Ïnigate, fertilize, tùmi~tp...
pnme and do aU other acts which from the character or use of said property may be reasonably
necessary, the specific enumerations herein not excludiog the general.
2. To provide. maintain and deliver to Beneficiary fire insunncc satisfàctory to and with 1055 payable to
Beoeficiary. The amount collected under any fire or other insurance policy maybe applied by
Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may.determine. or
at option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor.
Such application or release shall not cure or waive any defàuJt or DOtiœ of defàuJt .beøundel' 01'
invalidate any act done pursuant to such notice. '
3. To appear in and defjmd any 3cti )ß or proceeding purporting to affect the ~ bereofl o~=sIf
or powers of Beneficiary or Trustee; and to pay all costs and expenses, in~U!. c~ 0 eVl! . 0
title and attorney's fees in a reasonable sum. in any such action or proceeding m which BenefiCJ81}' or
Trustee may appear.. affectin . d perty, when
4. To pay: at least ten days before delinquency all taxes and ~ments g :r .J::eof. ~ch
due, all encumbrances, charges and liens, with interest, on S31d p~ or any p addition ~ the
to be prior or superior hereto; all costs, rees and expenses of thIS Trust. In .. .
==nts due in accordance with the terms of the note hereby secured the Grantor shall at the option.
and on demand of the Beneficiary, pay each month 1112 of the estimated anne: ~e~ =::;015,
insurance premiums, maintenance and other charges upon the property, nc:" e ess m
Grantor's use and benefit and for the payment by Beneficiary of any such Items when due. Grantor's
1àílure so to pay shall constitute a deWt under this trust. .
5. To pay immediately and without demand all sums expendeGrantord by BenandeficiZ: =~ b=O~m
obligation so to do and without notice to or demand upon w .
any obligation hereo~ may· make or do the same in such manner and to such extent as either may
. . h ç B fi· or Trustee being authorized to enter upon
deem. necessary to protect the securIty ereo... ene CIary . . rtin to aftèct the
said property for such purposed; appear in and defend any action or proceeding pmpo g .
security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, ~ntest or co~p:=
any encumbrance, charge or lien which in the judgment or either appears ~ ~ .poor or supenor ,
and, in exercising any such powers, or in enforcing this Deed of Trust by Judicial foreclosure, pay
necessary expenses, employ counsel and pay his reasonable fees.
B. It is mutually agreed that: . f·· t . d property or
1 Any ward of damages in connection with any condemnation for public use 0 or mJury 0 sæ
. any:m thereof is hereby assigned and shall be paid to Beneficiary who ma~ apply o~ rel~ suc: =
received by him in the same manner and with the same effect as above proVIded for disposition 0 p
of:fire or other incidence. .4':..;...... d t waive his right
2. By accepting payment of any sum secured hereby after its due date, Bene............,7 oes no t for wllD'e so
either to require prompt payment when due of all other sums so secured or to declare defàul
to pay. fo d with ut ti upon written request of
3. At any time or from time to time without liability there for an d 0 ~oanced' without affecting the personal
Beneficiary and presentation of this Deed and said note r en. orsemen., all
liability of any person for payment of the indebtedness secured hereby, !~ ~ reconvey m:~ any
part of said property; consent to the making of any map or plat the~f; J.om m ~bng any ~ereof.
thereon or join in any extension agreement or any agreement subordinating the lien or.~
4 U !1l written request of Beneficiary stating that all sums secured hereby have been pal! upon. fi
. s~nder of this Deed and said note to Trustee for cancellation and retention and upon payment of its ees.
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-- _;tee shall reconvey, withoutwammty, the f.Jlupenythenheldhereunder. The recitals in any
reconveyance executed under this Deed of Trust of any matters 01' filets shall be conclusive proof of the
truthfulness thereot: The grantee in such reconveyance may be descnòed as "the pelSon or pelSons legally
entitled thereto. II
5. As additional security, Grantor hereby gives to and confurs upon Beneficiary the right, power and
authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property,
reserving Wlto Grantor the right, prior to any defàult by Grantor in payment of any indebtedness any such
defàult, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be
appointed by a court, and without regard to the adequacy of any security fur the indebtedness hereby
. secured, enter upon and take possession of said property or any part thereo( in his own name sue for or
otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same,
less costs and expenses of operation entering upon and taking possession of said property, the collection of
such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default 01'
notice of de1àuJt hereunder or invalidate any act done pursuant to such notice.
6. Upon de1àuJt by Grantor in payment of any indebtedness secured hereby OI'in peñonnance ofany
agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of
the Beneficiary. IN the event of de1àu1t, Beneficiary shall execute or cause the Trustee to execute a written
notice of such defuuIt and orhis election to cause to be sold the herein described property to satisfY the
obligations hereof: and shall cause such notice to be recorded in the office of the recorder of each county
wherein said real property or some part thereof is situated.
Notice of sale baving been given as then required by law, and not less than the time then required by law
baving elapsed, Trustee, without demand on Grantor, shall sell said property at the time and place fixed by
it in said notice of sale, either as a whole or in separate parcels and in such ordec as it may detennine, at
public auction to the highest bidder for cash in lawful money of the United States. payable at time of sale.
Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenant 01'
warranty express or implied. The recitals in such deed of any matters 01' 1ãcts shall be conclusive proof of
the truthfulness thereot: Any person, including the Beneficiary under the Deed of Trust, may purchase at
such sale.
After deducting all costs, fees and expense ofTmstee and of this Trust, including cost of evidence of title
and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payments
of: all sums expended WIder the terms hereo( not then repaid, with accrued interest at 11% per annum; all
other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
7. This Deed. applies to, insures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees,
administrators. executors, successors and assjgns. the teem Beneficiary sbaJ1 mean the holder and owøer of
the note secured hereby; or, if the note has been pledged, the pledgee thereof. 10 this Deed, whenever the
context so requires, the masculine gender includes the feminine and/or neuter, and the singular number
includes the plural
8. Trustee is not ob1igated to notifY any party hereto of pending sale under any other Deed ofTlUSt or of any
action or proceeding in which Grantor, Beneficiary or Trustee shall be a party unless brought by Tmstee.
9. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a ~ or 1I'UStCCS
to execute the trust hereby created, and when any such substitution has been filed fur record m ~e Office of
the Recorder of the county in which the property herein described is situated, it shall be conclusIVe
evidence of the appoinbnent of such trustee or trustees, and such new trustee or trustees shall succeed to all
of the powers and duties of the trustee or trustees named herein. . . .
Request is hereby made that a copy of any Notice ofDe1àu1t and copy of any Notice of Sale hereunder be
mailed to the Grantor at his address hereinbefore set forth.
11-'
1~ L
Rog Lind ~
000009
STATE OF IDAHO
)
:ss
COUNTY OF
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On This \'L CJ\ 'Se\?k\'f\'ot.1,' in the year 0, , before me, a Notary PUblic in and fur said State,
personally appeared ~~e( L\ I"'\<ÍL , known or identified to me to be the persoo(s) whose name(s)
are subscribed to the within Instrument, and acknowledged to me that they executed the same.
§>Q.oo;\~c::j. r\~_l)
Notary PUblic ofIdaho
Residing at
Commission Expires