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NEBO II, LC
64 East 6400 South, Suite 100
Salt Lake City, UT 84107
Thl' Doeumtn' Is be" ~Id ~'
~øcky Moun..in Tld.,nlUranee Agency
of LinColn County I' I COURTESY only
RECEIVED 7/30/2008 at 2:41 PM
RECEIVING # 940906
BOOK: 101 PAGE: 202
MORTGAGE DEED JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MTC File No. 130260
KSR 1217, LC mortgagor, of Tooele County, State of Utah, to secure the payment of
$500,500.00, due December 31, 2019, with interest thereon (said sum, and the interest thereon, being
referred to as the "indebtedness"), payable in accordance with the provisions of that certain promissory
note, dated June 12, 2008, hereby mortgage and warrant to mortgagee, NEBO II, LC, A UTAH
LIMITED LIABILrfY COMPANY, of 64 'Ea:;t'6400South, Suite 100, Salt Lake City, UT 84107, the
following described real estate, situated in the County of Lincoln, in the State of Wyoming, to wit:
Beginning at a point which is 47 rods West of the East Quarter Corner of Section 10, Township 35
North, Range 119 West, 6th P.M., Wyoming and running thence West 33 rods; thence North50 rods;
thence East 33 rods; thence South 50 rods to the point of beginning.
3 5" Together with all water rights, improvements and appurtenances belonging thereunto.
I C1
Lincoln County Geo Pin Nos.:
3519-10-1~00-138-00;
3519-10-1-00-138-01; and
3519-10-1-00-138-80.
o
Mortgagor agrees to pay the indebtedness according to the terms of said promissory note, and,
during the life of this mortgage, to pay all taxes and assessments on the premises and to keep the
improvements thereon insured against fire and other hazards by such insurance as mortgagee may
approve, with the proceeds thereof made payable to mortgagee. If mortgagors fail to pay such taxes or
assessments or fail to keep the premises insured, mortgagee may pay the same and may insure the
premises, and all sums paid by mortgagee for such purposes shall be added to and considered as a part
of the indebtedness and shall draw interest at the same rate.
If default occurs in the payment of the indebtedness or in the payment of any installment
thereof, or if default occurs in any of the covenants and agreements hereof, then the whole
indebtedness shall, at mortgagee's option, become due and payable forthwith, and mortgagee may
foreclose this mortgage either by advertisement and sale of the premises as provided by statute, or by
an action in equity. Out of the proceeds of any foreclosure sale, mortgagee shall retain or receive all
sums due to it hereunder, and costs of foreclosure and sale, including attorney fees in an amount equal
to ten percent of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as
costs in any equitable action brought to foreclose this mortgage.
To fully assure mortgagee the benefit of the security interest in the premises granted to it
hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and
occupancy of the premises by any person in possession thereof with mortgagors I consent. If default
occurs in any of the covenants and agreements herein contained, whether or not' mortgagee elects to
foreclose this mortgage on account thereof, mortgagee shall at once be entitled, and is hereby
authorized, to collect the rents from the premises and to apply the same to the payment of the
indebtedness secured hereby until such default is remedied.
(;00203
In the event of foreclosures of this mortgage upon default, mortgagee shall be entitled to the
possession and enjoyment of the premises and the incident rents, issues, and profits thereof from the
time of such default and for and during the pendency of foreclosure proceedings and the period of
redemption, if any. If mortgagors should fail to surrender such possession to mortgagee promptly upon
its request therefor, mortgagee may compel delivery thereof by an ejectment action or other civil
proceeding appropriate to that purpose. Furthermore, and in addition to the remedies otherwise
provided for in this mortgage and by law, and as a matter of right, without regard to the solvency or
insolvency of mortgagors, the value of the premises, or the sufficiency thereof to discharge the
indebtedness and costs of foreclosure and sale, mortgagee shall be entitled to a receiver for the
premises and the rents, issues and profits thereof from the time of default to the expiry of any
redemptive period provided by law. Such receiver may be appointed by any court of competent
jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment
of a receiver upon such application being hereby consented to by mortgagors.
Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws
of the State of Wyoming.
Executed on June 12, 2008
KS.R. 12.1 ?..._LC 'J ~,^/'~.' .,/
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~By.., '{t' (.?-:!{_~,
Ronál Mattinson, Manager
STATE OF
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COUNTY OF
The foregoing instrument was acknowledged before me on May ; ~, 2007 by Ronald
Mattinson, Manager of KSR 1217, LC who duly acknowledged to me that said instrument was
executed by authority.
Witness my hand and official seal.
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NOTARY PUBLIC
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