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Home My WebLink About943374 AGREEMENT TO AMEND/EXTEND PETER EDINGTON & ROBERTA ROCKEFELLER, MORTGAGOR 504 E ETNA SOUTH ROAD, ETNA, WYOMING 83118, PROPERTY Prepared October 24,2008 000379 This is an Agreement to Amend/Extend that Mortgage Agreement dated October 17,2007 between Peter Edington and Roberta Rockefeller referred to as Mortgagor and Wilbert and Judith Ohlmann as Mortgagee a (copy of which is attached hereto and incorporated by this reference into the body of this document as if fully set forth herein) pertaining to the property described as: All of the North Half of the North Half of Northeast Quarter (NlI2N1I2NE1I4) of Section 13, T 35N, R119W, Lincoln County, Wyoming, It is hereby mutually understood and agreed that the dates set forth therein shall be extended as follows: Principal and Interest payable as follows: the entire principal amount together with accrued interest on the unpaid principal balance from October 17, 2008, until paid, at the rate of 7,00% per annum on or before October 17,2009. Prepayments of principal may be made at any time in any amount without penalty. C:f IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of the 24 daYOfOctober'Ñ ~ "~4/&~ p'eter 1. Edington , ;.~ , STATE OF WYOMING Roberta Rockefeller : SS. COUNTY OF LINCOLN This foregoing Mortgage was acknowledged before my by Peter J Edington and Roberta L Rockefeller, husband and wife, this 24 day. of October", 2008.. ...... ".11i UI. 1M "U". ........... II.. ... 0, -""nton . Notary Public = ~ ... ... ... Witness my hand and official seal. :: County of Slale of :: = Uncoln Wyoming = - ... ... ... : My Commission Expires 10/11/2011 : ~""""'I'I"I'I".'II.'IIIII"II'IP ..0 F¿1LÎðY1 My commission expires: NOTARY PUBLIC /O/Í / / ól[J 1/ I I RECEIVED 11/3/2008 at 12:45 PM RECEIVING # 943374 BOOK: 708 PAGE: 379 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY .s 5 f1 (J MOR.TGAGE 00041.5 KNOW All MEN BY THESE PRESENTS, that Peter J, EdIngton end Roberta L.. Rockefeller, husband and wife, herein rer~!~~s Mortgagor, of PO Box 3514', Alpine, WY 83128, to secure the P<1yment or the principal sum of $1,500,000,00, with Interest as evidenced by a Prom/$Sory Note date of even date her!!wlth to the order of Wilbert Dnd Judith Ohlmann of 360 Noble lime, Bedford, WY 83112, prlncllX1l and Intarest payable liS (allows; the entlÆ principal ~mount together With accrued Interest on the unp:lld prlnc¡:lp;]/ blllllncl! from October 17,2007, until pild, ::It the r~te of 7,OOo¡' :Ier :lnnum on or before October 17, 2.008, Prepayments of principal mey be made lit any time In any amount without penll/ty. hereby mortgages to Mortgagees, the following described, real es~tl!, slwatl!ld /n the County Of Lincoln, St<1tl! of Wyomfl)g: All of the North Hlllf of the North Hlllr of Northeast Quarter (Nl/2Nl/2NE1/4) of Section 13, T3SN, R119W, Lincoln County, Wyoming, Including 1111 buildings and Improvemonts thereon or that m:lY hÐrE!after be erected the~on; together with hereditaments and ;¡ppurt4!nances and all Qther rights thereunto belonging, or In ;¡nywlsQ now or hereafter appertaIning, and the revl¡;lon and rev/slons, remaInder and remainders, rents, ISSUBS, and profits thereor, and ell plumbing, heating, and lighting flxture.s end equipment now or hereafter attached to or used In connection with the premises. Mortgagor hereby rcllnqulshe:¡ and Wlllves 11II11ghts under IInd by virtue of the homestead laws of the State of Wyoming and covenanC¡; that It Is lawfully seIzed of the premises, that they are free from all encumbrances IInd hereby covenants to warrant and defand the title of thl! premises against the lawful claims of all persons whomsoever, And mortgagor covenllnts with mortgagee IS follows: 1. In case of dlJfllult In ðny of the payments stipulated In the note, mortgagor, as furth!!r securIty for this mortgage and the note securQd thereby, hereby assigns, sets over, and conveys to mortgagl!Ð all rents, Issues, and profits from the pro~erty, RECEIVED 10/2312007 at 10:15 AM RECEIVING' 934282 BOOK: S71 PAGE: 416 JEANNE WAGNEFI LINCOI.N COUNTY CL.ŒRK, K~MMERER, IJIfY 1. êOv3BO 10/24/2008 130787731 Ell )LN COUNTY CLERK 13/01) 000416 2. To PilY promptly, when due, the principal Dnd Interest and other sums of money provided for In silld Note and this Mortgagl!l, or elth!!/': to pay allene! singular the. taxes,. assessments, levies, IIDbllltles, obligations and em:umbrances of every nature on said property. 000381. 3, To kel!p any and alllmprovQments 10Clted on the property fully Insured with IIn Insurance c:omp\lny approved by mortgogee, ¡;tallver iI copy of the poUcy to mortgagøe, name mortgagee :Is loss payee on said policy and poy the premium therefor :1nd provide :innual pl'I)of In writing to mortgagee thilt the premium has been duly paid, 4. To perform, comply with, and abide by each and every one of the agreements, stipulations, conditions, and covenants, set forth In said Note :Jnd this Mortgage Or eIther. S, f'illlura by the mortgagee to eXertl5e any of the rights or options herein provided Sh311 not constltuta iI willver of any rl9ht$ or options under said Note or tne Mortgage accrued or therufter accruing. 6, Nothing shall be done on or In connection with thE! property th:lt may Impair mortgagee's security hereunder; mortgagor will commit, p¡¡rmlt Dr suffer no waste, Impairment or deterlorlltlon of the property .nor bny port thereof, and the property 51'11111 be continuously maintained In good and sightly order, repair, end condition by mortgagor at his expense, 7. 1n cilse mortgagor defaults In the p¡¡yment of ground rents, If any, t:lxes, assessments, water, or other governmental or munlr.lpal charges, or other lawful ehilrges as herein provided, mortgagee may wltl,out notice or demand pay the same IInd In ellse of any faIlure on the part of mortgagor to comply with the covenants of Pllraqraph 6hernof, mortgllgee may e!'feet suc;h r~palrs as It may re"sonably deem necessary to protect the property, at .the cxpÐnsB or mortgagor. Mort9õ\oor shllll repBY :such !!ums so paid and all expenses so Incurred by mortgagee, with Interest thereon from the date or psyment, at ten percent (10%) pt!r IInnum, and the ~ame shall be 8 lien on the pl'I!mlsÐS and be secured by the note and by these presents; In default of making :;uch I'I!poyments the whole ¡¡mount hereby secured Ir not the" due shall, " mortgagee 50 elects, bC!!c:ome dUI! I!nd payðble forthwith, anything herein contDlned to tne c.ontr:!ry notwIthstandIng. 2, --..,-................ 8. In the event the property Is sold under foreclosure ilnd the proceeds are Insufficient to pay the total Indebtedness secured hereby, mortgagor binds himself personally to pay the unpaid bÐIDnce, and mgrtgó1gee will be entitled to " defIciency judgment. 000382 000417 9. In case derault Is mede In the payment, when due, of the Indebtedness hereby secured, or of any Installment thereof or Ðny part thereof, or In ca!:e of breach of any coven:lnt Or agrczement herein cont:Jlned, the whole Df the then Indebtedness secured hereby, Inclusive or prlnclpel, Interest, OIrnarages, gr.ound rents, If any, taxÐs, assessments, watl1!r charges, (!xpandltures for repairs or malntenanc;e, together with all Dther sums payable pursuant to. the provisions hereof, shell become Immediately due 3nd p¡yable, at the option of mortgagee, although the period Bbove limited for tha payment thereof may not have expired, anythln¡¡ hereIn before or In the note contained to the I;ontrary notwithstanding; any rallurÐ to exercise such option shall I'\ot constitute a waIver of the rl¡¡he to exercise the some :It any other time; and It shall be laWful for mortgagee to proceed to enforce the provIsions of thIs mortgage either by suit at law or In eQuity, as It may elect, or to foroclose this mortgage by advertisement and sale of tht! premises, :It public auction for cash, according to Wyoming stetuettes governing mortgege foreclosures, :lnd c:luse to be executed and dcllve1'ecl to the purchaser or purchasers at any such 1:0111 0 good :lnr;! sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such s:lle first to the payment of the costs and expenses of such foreclosure and sale, Including a reasonebJe attorney fee, and In pllyment of ell moneys expended or advanced by mortgagee pursuant to thc provisions or P:Jrngroph G hÐreof, ¡¡nd then to the payment of the balance dUE! on Dccount of' the prJnclpDllndobtodncss secured hereby, together with Interest tl1ereon ¡nd tl1e surplus If :!Jny, shall be paid by mortgagee on demand to mortgagor, In case mortgagee falls promptly to foreclose on the happening of any default, It sh¡1I not thereby be prejudiced In Its right to foreclosure at any time thereafter during which such default continues, and shall not be þreJudlœd In Its foredosurn rights In case of further l3efault. 10. In caSÐ or any default whereby the right of foreclosure occurs hernundN, mQrtgilgee shðllat once become entltl~d to exclusIve pDss!:slon, U$e, and ervoyment of all property, and to all rents, Issues, and profits thereof, from the accruing of such right ¡¡nd durIng the pendency of forec:lo$ure proceedIngs Dnd the perlQd of redemptIon, If there Is any; and such possession, rents, IS5l1eS, ;,nd profits shall ot once be delivered to mortg3gCla 3. 1£1/24/2£10E 3 130787731 En OLN COUNTY CLERK on request, and on refusal, the delivery of such possession, rents, Issues, and profits may be enforced by mortgagee by eny appropriate cIvil suit or proceeding, Including actIon or actions In ejectment, or forcible entry, or unlawful detaIner; and mortgagee shall be entitled to a receiver I'or the property .!Ind all rents, Issues, and proms thereof, efter lIny such defõJult, Including the time Covered by foreclosure procI!edlngs ::md the period of 000418 redemptIon, If there! Is any, end shall bø entlt/ed thereto :I!I a metter of right w/thol./t fllgllrd to the. solvency or Insolvency or mortgagor or the then owner of thC! pro~erty, end without regard to the v;¡fue of the property or the sufOclency thereof to dlschorgG the mortgage debt and foreclosure costs, fees ó3nd expenses; end such reœlver may be appoInted by any COl.lrt of competent JurIsdiction on ex perte ¡¡ppllcatlon and without notice (notice being hereby expressly waived, and the QPpolntment of any suc:h receiver on any SuCh :JppJlC<lltlon without notlc:!! being hereby consented to by mortgl:lgor on mortgagor's own behalf), and all rents, Issues, profits, Income, IInd revenue of the property shðl/ be ólpplled by such receiver, ac:cordlng to IQW and the orders <'J"d dlrectlon$ of the COUrt. 11. Mqrtgagor may not conveyor transfer any Interest In or encumbl!r the described prt1mlses wlthoLlt the prIor written consent of the mortgagee, Mortgagor must gIve mortgagee written notice of mortg:lgor's Intent to convey \:Ir trensPer :lny Intcrcst In or to encumber the described premises et least thirty (3D) days prior to the proposed conveyance or cncumbrence, If all or any part or the described premises· or IIn Interest thereIn Is sold, transferred or encumbered by mortgagor without mortgagÐe's prior written consent, excluding death of a Joint tenant or the grant of any leasehold Intarest of three (3) years or less not containing an optton to purchase, mortgagee m1!Y, at Its optIon, declare the entire remaIning balance <lue under this agreement to be Immediately due "nd payable and give wrItten notIce to mortgagor thereof. Arter receipt of such written notice, mortgagor sh¡¡II have thirty (30) dllYs In whIch to pay the entire remaining balance to ",ortgagee, 12, The coven;¡nts herein contained sh;¡ bind, and ~he benefits and ¡¡dVantðQl!:s :.halllnun:: to, ~he respecttve heirs, executors, edmlnlstrators, successors, and ::Isslgns of the pertln hereto. Whenever used, the singular number shalllnclud!! the plural, the plural the singular, and the USe of any gender shall Include all genders, 13. Whenever used herein, the terms '",ortg;¡gor" and "mortgagee" Include all the parties to this Instrument and the heirs, leg.. reprQsentatlves, ~nd assigns of 4. 05/EJG OOô3S3 IndIvIduals, ;:!nd· thð successors and ~ss¡gn9 of corporatIons; end the tQrm "Note* Include!; all the notes hereIn described If more thlln one. 000419. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage 85 of the 17'h dey or October, 2007, h~ / ,\ OOv384 Peter J. Edington ~t.h ~ ~.b'", L. ."""".. STATE OF WYOMING 55, COUNTY OF I.INCOLN The foregoing Mortgage was acknowlÐdged before me by Peter), Edington and Roberta L. Rockefeller, hU!;þMd !IInd wife, this 4--. day of October, 2.007, Witness my hand ¡Jnd official seal, ~.úL1t/;; ~f,J,¿'/t'Ã.4~__ CIAUOl4 NIDI\IIDN ~MIa lfnCOn ~ ~ My Commf'IIGn'ÆIIPI'" ~ ::1 r . ~""O NOTARY PUBLIC My com",ISSlon expires: G' ';J. 'JOlt¿ 5.