HomeMy WebLinkAbout934120
RECEIVED 10/17/2007 at 11 :12 AM
RECEIVING # 934120
BOOK: 675 PAGE: 772
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE DEED
000772
EXECUTED this:?1!!:.... day of September, 2007, by Wayne K. Hesson and
Karen J. Hesson, Husband and Wife, of Afton, Wyoming, hereinafter called the
MORTGAGOR, and S & K Properties, LLC, of Freedom, Wyoming, hereinafter called
the MORTGAGEE: (Whenever used herein, the tenn "MORTGAGOR" and
"MORTGAGEE" include all the Parties to this instrument and their heirs, legal
representatives, and assigns of individuals, and the successors and assigns; and the tenn
"NOTE" includes all the notes herein described if more than one.)
WITNE S SE TH:
THAT FOR GOOD and valuable considerations and also in consideration of the
aggregate swn named in the Promissory Note of even date herewith, hereinafter
described, the MORTGAGOR hereby grants, bargains, sells, aliens, remises, conveys,
and confinns unto the MORTGAGEE, all the certain land of which the MORTGAGOR
is now seized and in possession, situated in Lincoln County and State of Wyoming, more
:) Lt particularly described as follows, to-wit:
\ti
~
A portion of the. Peterson Office/Home property, as referred to in the Deed
recorded in Book 591PR on Page 234, with the Office of the Clerk of Lincoln
County, Wyoming, within the NW'/4 NW'/4 of Section 11, T34N, R119W,
6th P. M., Lincoln County, Wyoming, the metes and bounds being more
particularly described as follows:
BEGINNING at·a point in the Easterly Right-of-Way line for U. S. Highway. 89;
said POINT OF BEGINNING, being 618.33 feet South 15°19'58" East from the
Charles V. King PEILS 590, location for the SW comer of the SW'/4 of Section 2
of said T34N, R119W; thence North 59002'51" East, 59.54 feet; thence North
51 °39' IS" East, 338.50 feet; thence South 32006'35" East, 205.85 feet to a point
in the North line of the Rocky Point Business Park as shown on Plat No. 2-E with
Instrument ~o. 878471; thence South 78031 '04" West, along said North line,
426.89 feet, to a point in said Easterly Right-of-Way; thence North 22°07'35"
West, along said Easterly Right-of-Way, 20.19 feet to the POINT OF
BEGINNING, containing 1.00 acres of land more or less.
GRANTING AND RESERVING: a 60 feet wide Right-of-Way Easement, the
South Line being the North line of the above described property.
GRANTING AND RESERVING: An irrigation Access Easement, being the
South 10 feet of the East 70 feet, more or less, of the above-described property.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions,
Reservations, Restrictions, Rights-of- Way and Improvements of sight and or
record.
MORTGAGE DEED
Hesson / S & K Properties. LLC
Page 1 of5
TO HAVE AND TO HOLD the same together with the tenements, 000773
hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits
thereof, unto the MORTGAGOR in fee simple.
And the MORTGAGOR covenants with the MORTGAGEE that the
MORTGAGOR is indefeasibly seized of said land in fee simple; that the MORTGAGOR
has good right and lawful authority to convey said land as aforesaid; that the
MORTGAGOR will make such further assurances to perfect the fee simple title to said
land and the MORTGAGEE as may reasonable be required; that the MORTGAGOR
hereby warrants the title to said land and will defend the same against liens, mortgages,
and any encumbrances or claims hereafter incurred against the real property decreasing
the value of the security hereof.
PROVIDED AL WAYS that if said MORTGAGEE shall pay unto said
MORTGAGOR the certain Promissory Note in the amount of TWO HUNDRED
THIRTY-NINE THOUSAND FIVE HUNDRED($239,500QQ) DOLLARS. The
undersigned shall perform, comply with, and abide by each and every agreement,
stipulation, condition, and covenant thereof and of this Mortgage, then this Mortgage and
the estate hereby created shall cease, terminate and be null and void. See Schedule "A".
AND THE MORTGAGEE shall not destroy, damage, or substantially change
the property or allow the property to deteriorate or commit waste thereon, except they
may improve the easements, drill water wells, and place improvements on the property.
MORTGAGORS reserve the right to withhold reasonable expenses to re-establish
property boundaries if unmarked.
NOT ASSUMABLE-NON TRANSFERABLE MORTGAGE. Each Party to
this mortgage shall be bound individually and severably by the terms therein.
If all or any part of the property or any interest in it is sold or transferred without
the MORTGAGOR'S prior written consent, the MORTGAGORS may at their option
require immediate payment in full of all sums remaining owed under this Promissory
Note and/or Mortgage. The MORTGAGOR shall give the MORTGAGEE notice of
acceleration. MORTGAGEE shall be allowed thirty (30) days to complete payment
thereof; however, not to extend the payoff date of said note.
AND THE MORTGAGEE hereby further covenants and agrees to pay promptly,
when due, the principal and interest and other sums of money provided for in said note
and this mortgage, or either; to pay all and singular the taxes, assessments, levies,
liabilities, obligations, and encumbrances of every nature on said property; to permit,
commit" or suffer no waste, impairment, or deterioration of said and or, the improvements
MORTGAGE DEED
Hesson IS & K Properties, LLC
Page 2 of5
000774
thereon at any time; to pay all costs, charges, and expenses including reasonable
attorney's fees and title searches reasonably incurred or paid by the
MORTGAGOR because of the failure of the MORTGAGEE to promptly and fully
comply with and abide by each and every agreements, stipulations, conditions, and
covenants set forth in said Note and this Mortgage, or either.
In the event the MORTGAGEE fails to pay when due, and tax assessments or
other sums of money payable by virtue of said Note and this Mortgage, or either, the
MORTGAGOR may pay the same without waiving or affecting the option to foreclose or
any other right hereunder, and all such payments shall bear interest from date thereof at
the highest lawful rate allowed by law.
AND THE MORTGAGEE shall protect the MORTGAGOR'S rights and
security in the property. MORTGAGEE shall insure, with extended coverage, the
property and improvements against loss, naming the MORTGAGOR as beneficial interest
holders for any amount unpaid on said mortgage.
IF ANY SUM of money herein referred to be not promptly paid after the same
becomes due, or if each and every of the agreements, stipulations, conditions, and
covenants of said Note and this Mortgage, or either, are not fully performed, complied
with, and abided by, then the entire sum mentioned in said Note and this Mortgage, or
either, are not fully performed, complied with, and abided by, then the entire sum
mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall
forthwith and thereafter, at the option of the MORTGAGOR, become and be due and
payable, anything in said Note or herewith to the contrary notwithstanding; and
MORTGAGEE hereby grants to MORTGAGOR, their heirs and assigns a Power of Sale
over the property described above which may be exercised by MORTGAGOR or their
heirs and assigns in case of such default as described above; and pursuant to such Power
of Sale, MORTGAGOR, their heirs and assigns may foreclose on said property and sell
and dispose of or cause to be sold or disposed of the above property and all rights, title,
benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns therein, at
public auction for cash according to Title 34, Chapter 4, Wyoming Statutes as the same
presently exists or may hereafter be amended.
MORTGAGEE AGREES to deliver peaceful possession upon demand and
notice to the MORTGAGOR; said demand may be exercised upon Ten (10) days
notice. It is the intent of this Mortgage that the MORTGAGOR shall receive possession
during any foreclosure action. Failure by the MORTGAGOR to exercise any of the rights
MORTGAGE DEED
Hesson IS & K Properties, LLC
Page 3 of5
000775
or option herein provided shall not constitute a waiver of any rights or options under said
Note or Mortgage accrued or thereafter accruing.
IN WITNESS WHEREOF, the MORTGAGEES have set their hand and seal the
day and year fIrst above written hereby releasing and waiving all rights under and by
virtue of the homestead exemption laws of the State of Wyoming.
DATED thiSdStLday of September, 2007.
~.
Registered Agent
~&Ji
.
SCOTT -BECK, Member
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
BEFORE ME, a Notary Public in and for the State and County above mentioned,
did perso~Æ appear Kenny Thompson and acknowledged the foregoing Mortgage Deed
on this ~ day of September, 2007.
GIVEN under my hand and notarial seal this æ day of September, 2007.
~~~
NOTARY PUBLIC ./
My Commission Expires: 4~ 1, rfb/ I
MORTGAGE DEED
Hesson / S & K Properties, LLC
Page 4 of5
STATE OF WYOMING
)
) ss
)
000776'
COUNTY OF LINCOLN
BEFORE ME, a Notary Public in and for the State and County above mentioned,
did perso~l¥ appear Ginger Thompson and acknowledged the foregoing Mortgage Deed
on this ~day of September, 2007.
GIVEN under my hand and notarial seal this !i!.i!!: day of September, 2007.
~U-fJ ~kl4?'A '#JutØ<J
OTARY PUBLIC _.~
My Commission Expires: ~4 ~ ,9ó¡1
STATKOFWYOMlNG ),
) ss
COUNTY OF LINCOLN )
BEFORE ME, a Notary Public in and for the State and County above mentioned,
did personally appear Scott Beck and acknowledged the foregoing Mortgage Deed on this
.-";(i#li day of September, 2007.
GIVEN under my hand and notarial seal this ,::2.17'Íday of September, 2007.
HARON NIMMO WlNE.S Notary Public
County of State of
Lincoln 0 ing
My Commission Expires cßlJ
Y;/¿1-M ~~7tØ Vt~
NOTARY PUBLIC /
My Commission Expires: ~¡.. (" cPð / /
STATE OF WYOMING
)
) ss
)
COUNTY OF LINCOLN
BEFORE ME, a Notary Public in and for the State and County above mentioned,
did personally appear Christia Beck and acknowledged the foregoing Mortgage Deed on
this :;niL day of September, 2007.
GIVEN under my hand and Notarial seal this¿;l trL day of September, 2007.
N NIMMO WlNE.S Notary Public
~unty of State of
Lincoln W m g
My Commission Expires I
~ ~l-Þ?L~~Lð
NOTARY PUBLIC --I
My Commission Expires: ~~¡t.- ( ~(I
MORTGAGE DEED
Hesson / S & K Properties, LLC
Page 5 0[5
PROMISSORY NOTE
000777
$239,50022
September _, 2007
Afton, Wyoming
THE UNDERSIGNED, jointly and serverably, if more than one, promise, to pay Wayne
K. Hesson and Karen J. Hesson, Husband and Wife, of Thayne, WY 83127, the principal sum of
TWO HUNDRED THIRTY-NINE THOUSAND FIVE HUNDRED($239,50000) DOLLARS and
NO/1 00, with interest of SIX (6%) PERCENT from September 1, 2007. .The note shall be
payable to Wayne K. Hesson and Karen J. Hesson, Husband and Wife, as follows:
PAYMENT shall be due in the following manner:
1. A payment of ONE THOUSAND SEVEN HUNDRED FIFTY-SEVEN ($1,75737)
DOLLARS and 37/100, is due on or before October 1,2007, and on the fIrst of every
month thereafter for twenty (20) years: At the end of twenty years, a balloon payment of
NINETEEN THOUSAND TWO HUNDRED SEVENTY-EIGHT ($19,27875)
DOLLARS and 75/100 for the remaining amount unpaid is due, as stated in the Real
Estate Purchase Agreement, dated September ,2007.
2. Payments shall be made to a location designated by Wayne K. Hesson and Karen J.
Hesson;
3. There is a fIve (5) day grace period for late payment. After the fIve day grace period
there is a late charge of ONE HUNDRED ($1 O<>ºº) DOLLARS per day until the
payment is made on each and every payment that is more than fIve days late.
4. There is no prepay~ent penalty for early payments.
IN THE EVENT OF DEFAULT of any payment after it becomes due and payable, the
entire principal sum and interest shall, at the option of the holder, become immediately due and
payable, without notice. Failure to exercise this option shall not constitute a waiver ofrigh~ to
exercise the same in the ev~nt of any subsequent default. In the event of default, the
undersigned, jointly and severably, if more than one, agree to pay all costs of collection,
including a reasonable attorney fee to the holder's attorney, whether suit be brought or not. The
undersigned, jointly and severably, if more than one, waive all privilege of venue and agree that
in the event of suit on this Note the holder, shall select the proper venue for such suit.
PRESENTMENT, protest, notice of protest, and notice of dishonor are hereby waived.
DATED this _ day of September, 2007.
0c! Ii £j) kJ.. e .' A ..
HESSON I S & K Properties, LLC
Promissory Note
Page 1 of3
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~7 ~ T~t:ffstN / HCm (J 6(Æj
Registered Agent, S & K Properties, LLC
.:=is \,)Ü'1T b&ä<
SCOTT BECK
Member of S & K Properties, LLC
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
000778
'-
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51 (Ù¿¡6T//f .bEe!í
éHRISTIA BECK
Member of S & K Properties, 'LLC
Acknowledged before me, a Notary Public in and for the State and County above
mentioned by Kenny Thompson, as the Registered Agent of S & K Propeties, LLC, on this
_ day of September, 2007.
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
~.
WTARYPUBLIC
My Commission Expires:
Acknowledged before me, a Notary Public in and for the State and County above
mentioned by Ginger Thompson, as a member of S & K Propeties, LLC, on this _ day of
September, 2007.
~
---
..---'
NOT~Y-PÜBLIC
My Commission Expires:
HESSON I S & K Properties, ?LC
Promissory Note
Page 2 of3
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
000779
Acknowledged before me, a Notary Public in and for the State and County above
mentioned by Scott Beck, as a member of S & K Propeties, LLC, on this _ day of
September, 2007.
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
~
NO~tTIfLIC '
My Commission Expires:
Acknowledged before me, a Notary Public in and for the State and County above
mentioned by Christia Beck, as a member of S & K Propeties, LLC, on this _ day of
September, 2007.
--..__.~
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No-TARYPUBLIC
My Commission Expires:
HESSON / S & K Properties, LLC
Promissory Note
Page 3 of3