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Home My WebLink About934714 J7 j () 11 J MODIFICATION OF MORTGAGE ORIGINALLY RECORDED AT BOOK 587 PAGE 205 DOCUMENT NUMBER 908944 000159 MODIFIED TO INCLUDE ADDITIONAL ACREAGE FIELDS OF GOLD, LLC, A WYOMING LIMITED LIABILITY COMPANY, OF ____ 2142 County road 123, Beford, WY 83112 , (herein collectively called "MORTGAGOR"), to secure the payment of ONE MILLION FIVE HUNDRED NINETY SIX THOUSAND DOLLARS ($1,596.000.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 2nd day of June, 2010) and all renewals, modification and extensions thereof, do hereby mortgage unto DERRELL SUTER AND JEANNE SUTER, HUSBAND AND WIFE OF 12845 Tumbleweed Drive, Sterling, CO 80751 (herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION. 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 furnish 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 J appear from time 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 otherwise 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 attorney'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. Witness our hands this ~ day of \.0(:)\1. 2.Ob--.r- RECEIVED 11/8/2007 at 8:43 AM RECEIVING # 934714 BOOK: 678 PAGE: 159 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ,FIELDS OF GOLD, LLC ~~- - William .shar e, Member 'Tfioma ~.~ ~!~::::;.::,::~::'j .....:..a........ ':fll:':~ :.Þ..':':. ~:~:I:t:'. ~*!~!:; -'>,,"î] I. ....: ..;.;';......J State of Wyoming ) )ss ) 0001.60 County of Lincoln The foregoing instrument was acknowledged before me by Lynette Sharp, this ~ day of Úb" . ?t::> b -:r- Witness my hand and official seal. CHERYL A. JONES - NorAm' PUS County 01 .. 918100.'.. Lincoln WyomINg My Commission Expires Feb. 4. 2~__. , My Commission Expires: "2..--4-0'1 State of Wyoming ) )ss County of Lincoln I ~fOregOin!illnstrument was acknowledged before me by William Thomas Sharpe, this _ day of 'Nt>'-J. 2cb'T- .'" * ,. Witness m hand and official seal. CHERYL A JONES - NOTARY PUBUC County 01 SlBIo 01 Lincoln Wyomll1 My Commission Ex~s.!'.eb. 4. 2(;09 My Commission Expires: '2....\{ -o~ EXHmIT A 0001.61. SJhNE~, NE~SE~, Lots 1 and 2 of Section 3, T33N R1l8W of the 6th P.M., Lincoln County, Wyoming. LESS AND EXCEPT any land contained in Quit Claim Deed recorded November 13, 1985 in Book 233PR on page 105 of the records of the Lincoln County Clerk. LESS AND EXCEPT the following described land: A portion of the Suter property, as referred to in the Deed recorded in Book 186PR on Page 430, with the Office of the Clerk of Lincoln County, Wyoming, within the SWJANEJA of Section 3, T33N R1l8W of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Northwest corner of the Jerry Suter property, as referred to in the Deed recorded in Book 146PR on Page 670, with said Office,said Point of Beginning being 327.50 feet N 0 ° 18' 40" E, along the East line of the NW JA of said Section 3, from the Marlowe A Scherbel PLS 5368, 1999 location for the Southeast Corner of said NW ~ ; thence N 0°18'40" E, continuing along said East line, 300.83 feet; thence S 89°28'43" E, parallel with the South line of said SWJANEJA, 446.06 feet; thence S 0°18'40" W, parallel with said East line, 568.33 feet; thence N 89°28'43" W, parallel with said South line, 313.06 feet to Point in the East line of said Jerry Suter property; thence N 0°18'40" E, along said East line, parallel with said East line of said NW~, 267.50 feet to the Northeast corner thereof; thence N 89°28'43" W, along the North line of said Jerry Suter property parallel with said South line, 133.00 feet, to the POINT OF BEGINNING. LESS AND EXCEPT the following described land: A portion of the Suter property, as referred to in the Deed recorded in Book 186PR on Page 430, with the Office of the Clerk of Lincoln County, Wyoming, within the NEJA of Section 3, T33N R1l8W of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the U.S. General Land Office 1908, location for the Southwest Corner of the SE~ of Section 34, T34N R118W; thence S 89°36'36" E, along the South line of said SE~, 2660.61 feet to the U.S. General Land Office 1923, location for the Northwest Corner of the NW~ of Section 2 of said T33N R118W; thence S 0°20'05" W,'along the West line of said NWJ,4, 818.75 feet; thence N 89°36'36" W, parallel with said South line, 2660.28 feet to a Point in the East line of the NW JA of said Section 3; thence N 0°18'40" E, along said East line, 818.75 feet, to the POINT OF BEGINNING. TOGETHER with a 60 feet wide ~ight-of-Way Easement to Heiner Suter County Road No. 12- 127, the center line being more particularly described as follows: BEGINNING at a Point in the East line of the Jerry Sutter property, as referred to in the Deed recorded in Book 146PR, on Page 670, with said Office lying within the bounds of the Right of Way for said County Road recorded in Book 181PR on Page 407, with said Office; said POINT OF BEGINNING being 133.00 feet S 89°28'43" E, along the North line of the SEJA of said Section 3, from the Marlowe A. Scherbel PLS 5368, 1999 location for the Northwest Corner of said SEI,4, to the Southeast corner of said Jerry Suter property and 30.00 feet N 0°18'40" E, along said East line to the POINT OF BEGINNING; thence S 89 °28' 43" E, parallel with said North line, 343.06 feet; thence N 0°18'40" E, parallel with said East line, 628.33 feet; thence N 89°28'43" W, parallel with said North line, 446.06 feet; thence N 0°18'40" E, parallel with said East line, 1263.48 feet to a Point in the South line of the above described property. CONTINUED ,~:~;./.:~:.~.;!:, ;I:,¡~ ~Ht$ilH;t~!~;:j §~ft·~t~1&J I EXH~BIT A CONTINUED TOGETHER WITH: - Wl/2 SW1/4NEl/4 OP SECI'ION 3 T33N R118W OF THE 6 P.M.. lNCOLN COUNTY. WYOMING. LESS AND EXCEPT; OOOj.62, BEGINNING AT THE SOUTHWEST CORNER Of THE NBI/4 Q SEcnON 3 T33N kl18W, 6TH P.M.. LINCOLN COUNTY, WYOMING, AND R'UNMNG THBNCB NORTH 327.5 PERT, ma CB EAST 133.0PBRT; TJÎlUIlœ SOI.JTH327..s PEET, THENCE WEST 133.0 FEET TO THE POINTOP BEGINNING I