HomeMy WebLinkAbout936521
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RECEIVED 1/25/2008 at 4:33 PM
RECEIVING # 936521
BOOK: 685 PAGE: 45
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
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TIDS MORTGAGE is made on the ¿ day of January,,~008, by SNOW PEAK
PROPERTIES, LLC, a Wyoming Limited Liability Company, P.O. Box 3001, Alpine,
Wyoming 83128, hereinafter referred to as "Mortgagor".
Mortgagor hereby mortgages to VINCENT A. KRAMER, a married man as his sole and
separate property, P.O. Box 5281, Etna, Wyoming 83118, and to WILLIAM DALEY ill, a
single man, 476 Windemere Lane, Victor, Idaho 83455 (who together formerly did business as
Argent Holdings, LLC, a Wyoming Limited Liability Company), and their heirs and assigns,
hereinafter jointly referred to as "Mortgagee", certain real property located in Lincoln County,
Wyoming, more specifically described below, upon the terms and conditions set forth below.
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Mortgagor, for and in consideration of the sum of ONE HUNDRED NINETY-EIGHT
THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($198,750.00) lawful money of the
United States and other valuable consideration, loaned to Mortgagor by Mortgagee, evidenced by
a Promissory Note of even date herewith, the receipt of which is hereby confessed and
acknowledged, does hereby mortgage to Mortgagee forever, the following described real
property situate in the County of Lincoln, State of Wyoming:
See the property description marked "EXHIBIT 'A"', attached hereto and
incorporated herein by reference.
Together with all buildings and improvements thereon, or which may hereafter be placed
thereon; all fixtures now or hereafter attached to said premises; all water and water rights, ditches
and ditch rights, reservoirs and reservoir rights, and irrigation and .drainage rights; and all
easements, appurtenances and incidents now or hereafter belonging or appertaining there to;
subject, however, to all covenants, conditions, easements, and right-of-way, and to mineral,
mining and other exceptions, reservations and conditions of sight and/or of record.
Mortgagor covenants that at the signing and delivery of the Mortgage, said Mortgagor is
lawfully seized in fee simple of said property, or has such other estate as is stated herein; has
good and lawful right to mortgage, sell and convey all of said property; and that the same is free
from all encumbrances.
However, this Mortgage is subject to the express condition that if Mortgagor pays, or
causes to be paid, to Mortgagee the sum of ONE HUNDRED NINETY-EIGHT THOUSAND
SEVEN HUNDRED FIFTY DOLLARS ($198,750.00), together with interest at the rate of seven
percent (7%) per annum, until paid, according to the conditions of the Promissory Note of even
date, which Promissory Note was executed and delivered by Mortgagor to Mortgagee, which
sum or sums of money Mortgagor hereby covenants to pay, and until such payment, performs all
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
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of the covenants and agreements herein to be perfonned by Mortgagor, then this Mortgage and
said note shall cease and be null and void.
000046
Mortgagor further covenants and agrees as follows:
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1. Payment & Late Payments. Mortgagor shall pay the indebtedness as herein
provided, and the lien of this instrument shall remain in full force and effect during any
postponement or extension of time of payment of any part of the indebtedness secured hereby.
2. Prepayments. Mortgagor shall have the privilege of paying any principal sum or
sums plus accrued interest, in addition to the payments herein required, at any time without
premium or penalty of any kind, and it is understood and agreed that any such prepayment shall
be credited first to interest and the balance to principal in the inverse order of when due.
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3. Transfer of the Property / Due on Sale. If all or any part of the property or any
interest herein i~ sold or transferred by any means by Mortgagor without Mortgagee's prior
written consent, ¡which consent may be a partial release of this mortgage as provided herein,
excluding the crèation of a lien or encumbrance subordinate to this Mortgage or a transfer by
devise, descent or by operation of law upon the death of a joint tenant, Mortgagee may, at
Mortgagee's option, declare all the sums secured by this Mortgage to be immediately due and
payable. Any delay or failure on the part of Mortgagee to demand such payment shall not
prejudice Mortgagee's right there to. Mortgagee shall have waived such option to accelerate if,
prior to the sale or transfer, Mortgagee at Mortgagee's sole discretion, enters into a written
agreement with the person whom the property is to be sold or transferred expressly consenting to
such assumption and setting' forth any new tenns or conditions of this Mortgage as may be
requested by Mortgagee in exchange for Mortgagee agreeing to an assumption of the this
Mortgage.
4. Taxes and Assessments. Mortgagor shall pay all taxes and assessments levied or
assessed against said property.
5. Maintenance of Property. Mortgagor shall not commit or pennit waste, nor be
negligent in the care of said property, and shall maintain the same in as good condition as at
present, reasonable wear and tear excepted, and will do nothing on or in connection with said
property which may impair the security of Mortgagee hereunder. Mortgagor shall not cause or
pennit the presence of any hazardous substances, which shall include any substances so declared
under Federal or State law, on said property. Mortgagor shall not pennit said property, or any
part hereof, to be levied upon or attached in any legal or equitable proceeding, and shall not,
except with the consent in writing of Mortgagee, which c'onsent may be a partial release of this
mortgage as provided herein, or as is otherwise provided and pennitted in this Mortgage, remove
or attempt to remove said improvements, or any part thereof, from the premises on which the
same are situated.
6. Insurance. As collateral and further security for the payment of the indebtedness
hereby secured, Mortgagor shall keep the improvements now existing or hereinafter erected on
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said premises insured against loss by fire, with extended coverage provisions, to the full
insurable value thereof for the term of this Mortgage, and will pay when due all premiums on
such insurance. All insurance shall be carried in responsible insurance companies licensed in
Wyoming and the policies and renewals thereof shall have attached thereto by rider or otherwise
loss payable clauses in favor of Mortgagee. A copy of said policy or any renewal documents
pertaining thereto shall be supplied to Mortgagee within 30 (thirty) days after the date of
execution of this Mortgage and thereafter within 10 (ten) days of any renewal of or amendment
to such policy. The insurance proceeds, or any part thereof, may, at the option of Mortgagor, be
applied either to the reduction of the indebtedness hereby secured or used in reconstruction. In
the event of foreclosure of this Mortgage or other transfer of title to the said premises in
extinguishments of the indebtedness secured hereby, all right, title and interest of Mortgagor in
and to any insurance policies then in force shall pass to the purchaser or grantee.
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7. Mort !a~ee Authorized to Make Payments. If Mortgagor defaults in the payment
of the taxes, assessments or other lawful charges, including any construction loan payments or
fails to keep the improvements on said premises insured as herein provided, Mortgagee may,
without notice or demand, pay the same, and if Mortgagor fails to keep said property in good
repair, Mortgagee may make such repairs as may be necessary to protect the property, all at the
expense of Mortgagor. Mortgagor covenants and agrees that all such sums of money so
expended, together with all costs of enforcement or foreclosure, and a reasonable attorney fee,
shall be added to the debt hereby secured, and agrees to repay the same and all expenses so
incuned by Mortgagee, with interest thereon from the date of payment at the same rate as
provided in the note hereby secured, Wltil repaid, and the same shall be a lien on all of said
property and be secured by this Mortgage.
8. Default. If Mortgagor defaults in the payment of the indebtedness hereby
secured, for a period of 30 (thirty) days after written notice, or if Mortgagor removes or attempts
to remove any of said improvements contrary to the provisions of this Mortgage, or in case of
breach of any covenant or agreement herein contained, the whole of the then indebtedness
secured hereby, both principal and interest, together with all other sums payable pursuant to the
provisions hereof, shall, at the option of Mortgagee, become immediately due and payable,
anything herein or in said note to the contrary notwithstanding, and failure to exercise the same
in a default shall not preclude such exercise in the event of any subsequent default. Mortgagee
may enforce the provisions of, or foreclose, this Mortgage by any appropriate suit, action or
proceeding at law or in equity, and cause to be executed and delivered to the purchases or
purchasers at any foreclosure sale a proper deed of conveyance of the property so sold.
Mortgagor hereby grants Mortgagee the power to foreclose by advertisement and sale as
provided by statute. All remedies provided in this Mortgage are distinct and cumulative to any
other right or remedy under this Mortgage or afforded by law or equity and may' be exercised
concurrently, independently or successively. Mortgagor agrees to pay all costs of enforcement
or foreclosure, including a reasonable attorney's fee. The failure of Mortgagee to foreclose
promptly upon a default shall not prejudice any right of said Mortgagee to foreclose thereafter
during the continuance of such default or right to foreclose in case of further default or defaults.
The net proceeds from such sale shall be applied to the payment of: first, the costs and expenses
of the foreclosure and sale, including a reasonable attorney's fee, and all moneys expended or
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SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
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advanced by Mortgagee pursuant to the provisions of this Mortgage; second, all unpaid taxes,
assessments, claims and liens on said property, which are superior to the lien hereof; third, the
balance due Mortgagee on account of principal and interest on the indebtedness hereby secured;
and the surplus, if any, shall be paid to Mortgagor.
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9. Insufficiency of Foreclosure Proceeds. If the property described herein is sold
under foreclosure and the proceeds are insufficient to pay the total indebtedness hereby secured,
Mortgagor executing the note or notes for which this Mortgage is security shall be personally
bound to pay the unpaid balance, and Mortgagee shall be entitled to a deficiency judgment.
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10. Assignment of Rents. If the right of foreclosure accrues as a result of any default
hereunder, Mortgagee shall at once become entitled to exclusive possession, use and enjoyment
of all property aforesaid, and to all rents, issues and profits thereof, from the accruing of such
right and during the pendency of foreclosure proceedings and the period of redemption, and such
possession, rents, issues and profits shall be delivered immediately to Mortgagee on request. On
refusal, Mortgagee may enforce the delivery of such possession, rents, issues and profits by any
appropriate suit, action or proceeding. Mortgagee shall be entitled to a Receiver for said
property and all rents, issues and profit thereof, after any such default, including the time covered
by foreclosure proceedings and the period of redemption, and without regard to the solvency or
insolvency of Mortgagor, or the then owner of said property, and without regard to the value of
said property, or the sufficiency thereof to discharge the Mortgage debt and foreclosure costs,
fees and expenses. Such Receiver may be appointed by any court of competent jurisdiction upon
ex parte application, notice being hereby expressly waived, and the appointment of any such
Receiver on any such application without notice is hereby consented to by Mortgagor. All rents,
issues and profits, income and revenue of said property shall be applied by such Receiver
according to law and the orders and directions of the court.
11. Inspection. Mortgagee may make or cause to be made reasonable entries upon
and inspections of the property, provided that Mortgagee shall give Mortgagor notice prior to
any such inspection specifying reasonable cause therefore related to Mortgagee's interest in the
property.
12. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the property, or part
hereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Mortgagor. In the event of a partial taking of the property, unless Mortgagor and Mortgagee
otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such
proportions of the proceeds as is equal to that proportion which the amount of the sums secured
by this Mortgage immediately prior to the date of taking bears to the fair market value of the
property immediately prior to the date of taking, with the balance of the proceeds paid to
Mortgagor. If the property is abandoned by Mortgagor, or if, after notice by Mortgagee to
Mortgagor that the condemner offers to make an award or settle a claim for damages, Mortgagor
fails to respond to Mortgagee within 30 (thirty) days after the date such notice is mailed, .
Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to
restoration or repair of the property or to reduce the sums secured by the Mortgage. Unless
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
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Mortgagee and Mortgagor otherwise agree in writing, any such application of proceeds to
principal shall not extend or postpone the due date of the installments referred to above or
change the amount of such installments.
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13. Statement. Mortgagee shall, within ten (10) days upon a request made in person,
or within thirty (30) days upon request by mail, furnish a written and duly acknowledged
statement of the amount due on this Mortgage and whether any offsets or defenses exist against
the mortgage debt.
14. Notices. Any notices, demands, or requests pursuant to this Mortgage shall be in
writing and may be served either in person or by certified mail, return receipt requested. Notice
shall be deemed given when mailed and shall be addressed as follows or at such other address as
either party may from time to time designate in writing:
Mortgagor:
Mortgagee:
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Snow Peak Properties, LLC
P.O. Box 3001
Alpine, Wyoming 83128
Vincent A. Kramer
P.O. Box 5281
Etna, Wyoming 83118
William Daley 1lI
476 Windemere Lane
Victor, Idaho 83455.
15. Headin2s. The headings used in this Mortgage are for convenience only and are
not to be used in its construction.
16. Binding Effect and Construction. The covenants herein contained shall bind, and
the benefits and advantages shall inure to, the respective heirs, devisees, legatees, executors,
administrators, successors and assigns of the parties hereto. Whenever used the singular number
shall include the plural, the plural the singular, and the use of any gender shall include all
genders. The term "note" includes all notes herein described if more than one. The term
"foreclosure" and "foreclose" as used herein shall include the right of foreclosure by any suit,
action or proceeding at law of in equity, or by advertisement and sale of said premises, or in any
other manner now or hereafter provided by Wyoming statutes, including the power to sell.
17. Release. The acceptance by Mortgagee of this Mortgage and the note or notes it
secures, shall be an acceptance of the terms and conditions contained therein. Upon payment of
all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to
Mortgagor. Mortgagor shall pay all costs of recordation, if any.
18. Incorporation of Promissory Note. This Mortgage is made to secure a debt
evidenced by a Promissory Note signed concurrently herewith, and the terms of said Promissory
Note are hereby incorporated herein by reference as if stated herein in full.
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
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IN WITNESS WHEREOF, the said Mortgagor and said Mortgagee have hereunto
signed and sealed these presents the day and year first above written.
MORTGAGOR:
SNOW PEAK PROPERTIES, LLC,
a Wyoming Limited Liability Company
SNOW PEAK PROPERTIES, LLC,
a Wyoming Limited Liability Company
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RICHARD JEN¡qÞ(S, MEMBER
MORTGAGEE:
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VINCENT A. KRAMER
WILLIAM DALEY ill
STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
ACKNOWLEDGED before me on the~ day of January, 2008, by David Jenkins,
acting as a Member of Snow Peak Properties, LLC, a Wyoming Limited Liability Company, as
authorized by the Company's Board of Members.
WITNESS my hand and official seal.
[::i~Ã;'::~-~'~:;';~;::;;:::;::",~;:;;.:;;---:;:::;:;;;~..:.::ç..
,·...ENE r¡~.,HEH,.... NOrAf;~Y puèLic í(
COUNTY OF . STr-'f'" 0 :
lINCOI .,} "~\ '" F
. .f', . WYOMING
.MY..5~~
My Commission expires: I, I 0 - cR
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STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
ACKNOWLEDGED before me on th~ day of January, 2008, by Richard Jenkins,
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
PAGE 60F7
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acting as a Member of Snow Peak Properties, LLC, a Wyoming Limited Liability Company, as
authorized by the Company's Board of Members.
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WIIN~§.~~,P.tx.!!~~}pdofficial seal.
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My Commission expires: 1- )O~ pC¡
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STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me on the _ day of January, 2008, by Vincent A.
Kramer.
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WITNESS my hand and official seal.
NOTARY PUBLIC
My Commission expires:
STATE OF
COUNTY OF
)
) SS.
)
III.
ACKNOWLEDGED before me on the _ day of January, 2008, by William Daley
WITNESS my hand and official seal.
NOTARY PUBLIC
My Commission expires:
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
PAGE70F7
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IN WITNESS WHEREOF, the said Mortgagor and said Mortgagee have hereunto
signed and sealed these presents the day and year first above written.
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MORTGAGOR:
SNOW PEAK PROPERTIES, LLC,
a Wyoming Limited Liability Company
SNOW PEAK PROPERTIES, LLC,
a Wyoming Limited Liability Company
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DAVID JENKINS, MEMBER
MORTGAGEE:
RICHARD JENKINS, MEMBER
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STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me on the _ day of January, 2008, by David Jenkins,
acting as a Member of Snow Peak Properties, LLC, a Wyoming Limited Liability Company, as
authorized by the Company's Board of Members.
WITNESS my hand and official seal.
NOTARY PUBLIC
My Commission expires:
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me on the _ day of January, 2008, by Richard Jenkins,
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
PAGE60F7
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acting as a Member of Snow Peak Properties, LLC, a Wyoming Limited Liability Company, as
authorized by the Company's Board of Members.
WITNESS my hand and official seal.
000053
NOTARY PUBLIC
My Commission expires:
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STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me on th~~ay of January, 2008, by Vincent A.
Kramer.
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: . lijHí!\¥ 8'. SI4U of ~
t.ii'.6a1i\ WyomIry", }
. .r;~Y..~~ _lei Feb. 4.·ò J.
My Commission expires: "., ..-.,¡; 9\
WITNESS my hand and official seal.
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STATEOF~bX'f\\~ )
COUNTY OF J1f\(\Ar\ ~ SS.
ACKNOWLEDGED before me on the d~ay of January, 2008, by William Daley
III.
WITNESS my hand and official seal.
CHERYL A. JONES - NOTARY PUBUC
County Of. SlSte of
Lincoln WyomIng
My Commission Expires Feb. 4, 2009
My Commission expires: ;;)...l\ -cf\
MORTGAGE
SNOW PEAK PROPERTIES, LLC I KRAMER & DALEY
PAGE70F7
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COMMBNCINO AT TßB.1IfORTRW..BST COINER 9F SAD;> ~SW;
THENCE SOt.JTH 00·.07'-54" EAST; S38.08 FEET, ALONO THE WEST LllfE Oil SAID NW~SWW. TO A COTION GIN
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THENCS SOUTH 89°47'-'8" EAST, 60,4t FOT, TO THe POINT'OIl BSG!NN1Na ON THe EA,ST IUGHT.oP·WA Y LINE OF
U,S.·IDGHWAY 89;
THBNœ BOUrn 1914,.."." EAST, 3~,M FSBT,:rO A PIPE; .
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~ci SOUTH. 0011·11'-52" WB~~~ 1$9.~3.PIBT, TO A ~OINT:~1\l ¿N IXIST~O PBNCB ~¡
THBNCB SOtr11l89D-47'-2311 ØAsT, 1S1.81 FImT, ALONG BAlD l'BNCE LINS, TO A ,POINT',Á T TJm NQÎ.THWBST.
CORNBR Of :nœ ABOVE DlSCIU~BD ~C'!i ' "" " ...,....
MNCB NOATH 18°-57'_01" EAST, 41.12 pm, ÅLONG 11m NORTHLINB OP 8A1D TRACT, 1'0 APOJNT;
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1HBNCBNOJtTIH41-42'.S3" WEST, 50;63 PBBT,:rO A POINT"
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THBNCS NQRTH 891-47'.2S~' WBST, 127.53 FJmr, 1'0 A P~INTi
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THBNCB NORTH 00D.,1 1'-521 BAST, U9,93 FBBT, TO A POINT~
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T~CE NoiTH 891147·'41" WBST. 429.~5 PDT, TO Å POM ON 11m SASTlUOHT-oP-WAYLIN! OF U,S, HIGHWAY
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. . THENÇE SOµ1:H 00·..) 01-40" WJ1ST, 30100 PBET, ALOND $AlP lUGHT..oP~WA y ÙNB, 'TO '1iŒ !JOINT OF B.BqINNINO.
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000055
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ALTA ~_tmcl1t WI7/06)
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