HomeMy WebLinkAbout936715
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6010816376
MORTGAGE
000637
Melvin Dean Shoell and Angela Colleen Shoell, Husband and Wife, of 83130 US
Hwy 89 Afton, WY 83110, (herein collectively called 'MORTGAGOR"), to secure the
payment of $200,000.00, with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is January 1,
2010 ) and all renewals, modification and extensions thereof, do hereby mortgage unto
Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson
Family Trust dated April 10, 1997 of PO Box 677 Afton, WY 83110 (herein called
"MORTGAGEE"), the following described real property, situate in the County of
Lincoln, State of WY, hereby releasing and waiving all rights under and by virtue of the
homestead exemption laws of the State of Wyoming, to-wit:
See Exhibit "A"
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 ofthe 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 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 3L day
7
~·Co(~ rW
Aitgela Co een Shoell
RECEIVED 2/4/2008 at 4:00 PM
RECEIVING # 936715
BOOK: 685 PAGE: 637
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State of Wyoming
)
)ss.
OOQ638
County of Lincoln
The foregoing instrument was acknowledged before me this ~I day of January, 2008, by Melvin
Dean Shoell and Angela Colleen Shoell.
Witness my hand and official seal
~ /~.ßy~
My commission expires: 9 - /5'- / /
County of'
Lincoln
.'~.~-.I
NOTARY PUBLIC
State of
Wyoming
M Commission Expir!:"';!. ';"/,Hnber 15, 2011
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EXHIBIT A
000639
Z5 ACRE TRAC:r
LEGAL DESCRIPTION
A tract ofJand in the N!4 S Yz SW Y. of Section 6, T31N. R1 laW, 6U1 P.M., Lincoln County,
Wyoming, said tract being !pore particularly' described as follows; 'I.
..
BEGINNING at a point on the North line of said N Y2 S Y2 SW ~ , said point of beginning
lying N 89~43'30" E, 481.57 feet from thè Northwest corner thereof (South one-sixteenth comer),
said Northwest comer being a MAG nail in asphalt with reference monuments S 88°22'05" W, 59.13
feet and N 77°02'35" E, 40.51 feet. each reference monUment being a 3W' brass cap inscribed
'"PAUL N. SCHERBEL RLS 164" and appropriåte details;
thence N 89°43'30" E, 1653.68 fe'et a1óng said North line;
thence S 00°02'23" W, 656.80 feet to a point on the South line of said N VI S Yz SW ~;
thence S 89°36'i4" W, í653.70 feet along said South line; ,
..then~ N 00°02'23" E, 660.29 feet to tlie POINT OF BEGINNING.
Said tract containing 25.000 ,acres, mote or less.
TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITIES across part of
the NW ~ SW V. and the N !4 S Y2 SW !4 of said Section 6, said easement being more particularly
described as follows:
BEGINNING at a point on the No~ line of the said N rí S y¡ SW v.. said point of
beginning lying N 89°43'30" ~·39.39 feet ftom the Northwest Comer thereof(South one-sixteenth
comer)t said Northwest comer being . MAG nail in asphalt with reference monuments S 88022'05"
. .
W, 59.13 feet ~d N 77°02'35" E, 40.51 feet,. each reference monument being a 3W' brass cap
inscribed cop AUt N. SCHERBEL RLS 164" and appropriate details, said point of beginning also
lying on the Easterly right-of-way line of US Highway No. 89;
thence Northerly I 1.14 feet along said right-oC-way, 50.00 feet Easterly from the c~tetline of
a )°00 spiraled curve concave to the Northeast, having a spiral length of 450.00 feet, a spiral angle of
06°45', and a beginning tangent of S 00°05'02" W, said spiral curve beginning at a point lying
, ,
Page 1 of 2
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N 03 °25'56" W, 197.44 feet :fÌ'om said South one:-sixteenth comer, with the last stated course along
said right-of-way having a long chord which bèars N 01008'12" W, 11,14 feet;
thence S 89°57'37" E, 104.72 feet; 000640
thence N 89°30'45" E, 101.17 feet;
thence S 89°56122" E, 131.48 feet;
thence N 89°12'44" E, 44.73 feet to a fence which bears North;
thence S 00° 1613 A" E, J 0.57 feet along the prolongation of said fence to the North line of said
N y~ S Yz SW~;
thence N 89043'30" E, 60.25 feet along said North line to the Northwest comer of the tract of
land described above;
thence S 00°02'23" W, 40.00 feet along the West line thereof;
thence S 89°43'30" W, 100.03 feet;
thence N 00°16130" W, 10.21 feet;
thence S 89°12144" W, 4.67 feet;
thence N 89°56'22" W, 131.59 feet;
thence S 89°30'49" W, 101.35 feet to a point on the North boundary of that tract of land
described in the Warranty Deed recorded in Book 74PR, Page 412, of the Lincoln County Records;
thence N 89°57'37" W, 103.76 feet along the North boundary thereof to a point on said
. Easterly right-Qf-way line, Easter1y 50.00 feet ftom the centerline of said spiral curve;
thence Northerly 28.87 feet a.long said right-of-way line, 50.00 feet Easterly nom the
centerline or'said spiral curve, the long chord of which bears N 01 Q25'08" W, 28.87 feet, to the
POINT OF BEGINNING.
Said easement covering 0.415 acres, more or less.
03-59Lega125Acre.wpd
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Pa.¡O 2 of 2
.ßII..tlHH'l' A
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EAST 5.8 ACRE 'tRACT
LEGAL DESCRIPTION
000641
000409
A tract ofla.nd in tl).e N ~ S ~ SW Y4 of Section 6, T3 ¡N, R118W~ 6r~~ P.M., Lincoln County,
Wyoming, said tract being more þârtícu1~ly described' as follows~
BEGINNING at a point on the North line of said N Yí S }So sw 'l4 , said point ofbegimnng
lying N 89°43'30" E, 2135.25 feet fi'om the Northwest comer thereof (S outh one-sixteenth comer),
said Northwest COrnel' being a MAG nail in. asphalt with reference monuments,S 88°22'0511 W, 59.13
feet and N 77902'35" E, 40.51 feet) each refel;ence monument beiAJ,g a 3~n brw:¡s cap inscribéd
"PAUL N. SCHEMEL RLS 164" ,and app.r:opnale details;
thCJ,),QC N 89°43':10" E, 352.06 flget a.long ;;laid North lino;
th.enceS 05°17'14" E, 173.78 feet;
thence S 05°34129" E, 121.75 feet;
thence S 05°59'17" E~ 189.36 feot;
thence S O(iD50'JS" E, 174.28 feet to a point on tb.e South line ofthè N %. S ŸÍ SW Y.4 ofsaìd
Section 6;
thence S 8,9°36'14" W, 420,89 feet along said South line;
thence N 00°02'23" E, 656.80 f-eet to {Àe'J?OINT OF BEGINNING.
Said tract contaiIring 5.795 acres. more or less.
TOGETHER WITH AN EASEMENT FOR ACCESS ,AND UTILITIES a.cross part of
tho NW ~ Sw y.. and the N Ÿ2 S ~ SW Y4 of said Section 6. saId easement being mo;¡:e particularly
describ~d as follows:
BEGINNING at a point on the North line of the said N ~ S ~ SW Y4, said point of
begixuJing lying N B9Q 43'3 Q" E, 39.39 fe¡;:t fwm the Northwest corner tlJ.ereof (South one~sixteenth
oom«:Jr). said Northwest Oom~r bcwg a:MAG nail in asphalt w:itb. X'öfc.rence monwn~.ut~ B 88D22'05"
W, 59.13 feet and N 77°02135" E, 40.51 feet, each 'J:'<:ference monument be:ing a 3Yt" brass oap
inscribed "PAUL N. SCHERBEL RLS 164" and appropriate detaHs. said póint ofbegino.ing wao
lying Qn the Easterly right*of-way line afUS Highway No. 89;
thence, Northerly 11.14 feet along said right-of-way> 50,00 feet Easterly ftom the cente,dine of
a 3°00 spiraled curve concave to theNortheast,havingaspira11éngthof450.00 feet, a spiral angle of
06°45', and a.begirm.ìUg tangent of S 00Q05'02" W, said spiral curve,begínrring at a point lying
N 03°25'56" W, 197.44 feet ftom said'Southoneusrxteellthco.rner. with the last stated course along
sa;i,d rlght-of~Way having a long. chord which bears N 01008'12" W, 11.14 feet;
tb.e~oe S ~9°57'3711 E, 104.72 feet;
Page 1 of 2
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thence N 89°30'45" E1 101.17 feet; -000642
tbance S 89°56'22" E~ 131.48 feet;
thence N 89g12'44" E, 44.73- feet to a fence which beiU'$ North;
thence S 00°16130" E.10.57 feet along the prolongation of said fence to the North line of said,
N rí S %. SW!4;
thence N 89°43'30" E, 1713.92 feet along said North line to the Northwest coroe~ of the tract
of land described a.bove~
thence S 00002T23" W. 40.00 feet along the West Hne thereof,
thence S 89ð43'30" W, 1753,70 feet;
then¡:;e N.OoolG'30" W, 10.21 fCQt;
thmlce S 89°12'44" W, 4,67 feet;
thence N 89°56'22" W, 131.59 feet;
thence S 89°30'49" W. 101.35 :teet to a point oX), the North bOWJ.dary of that tx'act öf land
described ip, the Warranty Deed recorded in Book 74PRr Page 412, ofllie Lincoln COWlty Reoords;
thence N 89°57'37" W, 103.76 feet alo.o.g the North boundaxy thereof to a point on said
Easterly right-of~way line, Easterly 50.00 feet fÌom tbe centerline of said spiral curve;
thence Northerly 28.87 feet along 'Said right-of-way line, 50.00 foet Ea5tcrly from the
centerUne 'Of said spira.!. curve, the long chord of whioh bears N OlOZ5'08"- W, 28.87 fee~ to tha
PÖINT OF nEGINNING.
Said easement covering 1.934 ac,(es, more or less.
0,3-S9East6Acre.wpd
.PagQ 2 of-.2