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RECEIVED 12/29/2008 at 4:22 PM
RECEIVING # 944383
BOOK: 712 PAGE: 17
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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[Space Above This Line For Recording Data]
MORTGAGE
This Mortgage is given by John Sweeney, an unmarried resident of the State of
Wyoming, hereinafter called Borrower, having an address of 514 Upper Sunset Dr.,
Kemmerer, Wyoming 83101 to KowPiCo, LLC, a Kansas limited liability company,
having an address of 8009 West 144th Place, Overland Park, Kansas 66223, hereinafter
called Lender, which term includes any holder of this Mortgage, to secure the payment
of the PRINCIPAL SUM of $85,000.00 together with interest thereon computed on the
outstanding balance, all as provided in a Note having the same date as this Mortgage,
and also to secure the performance of all the terms, covenants, agreements, conditions
and extensions of the Note and this Mortgage.
In consideration of the loan made by Lender to Borrower and for the purpose
expressed above, the Borrower does hereby grant and convey to Lender, with
MORTGAGE COVENANTS, the land and all the improvements and fixtures now and
hereafter a part thereof, and being more particularly described as follows:
Beginning at a Brass Cap marking the corner common to Sections 7,8, 17
and 18 ofT25N, R115W, 6th P.M., Lincoln County, Wyoming and running
thence west 1320 feet, more or less; thence south 2640 feet, more or less;
thence east 1980 feet more or less; thence north, 1320 feet, more or less;
thence west 660 feet, more or less; thence north 1320 feet, more or less,
to a Brass Cap marking the corner common to Sections, 7, 8, 17 and 18,
the point of beginning, encompassing Lots 1, 4 and the West % of Lot 5 as
shown on the attached Exhibit A, and totaling 100 acres, more or less.
Borrower further covenants and agrees that:
1. Borrower will make each periodic payment due under the Note secured by this
Mortgage in a timely manner.
2. In the event that Borrower fails to carry out the covenants and agreements set
forth herein, the Lender may do and pay for whatever is necessary to protect the value
of and the Lender's rights in the mortgaged property and any amounts so paid shall be
added to the Principal Sum due the Lender hereunder.
3. In the event that any condition of this Mortgage shall be in default for fifteen (15)
days, the entire debt shall become immediately due and payable at the option of the
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Lender. Lender shall be entitled to collect all costs and expenses, including reasonable
attorney's fees incurred.
4. In the event that the Borrower transfers ownership (either legal or equitable) or
any security interest in the mortgaged property, whether voluntarily or involuntarily, the
Lender may at its option declare the entire debt due and payable.
5. This Mortgage is also security for all other direct and contingent liabilities of the
Borrower to Lender which are due or become due and whether now existing or
hereafter contracted.
6. Borrower shall pay all real estate taxes, betterment assessments and other
municipal charges which can become a lien against the mortgaged premises when due.
7. Borrower shall not commit waste or permit others to commit actual, permissive or
constructive waste on the property.
8. Borrower further covenants and warrants to Lender that Borrower is indefeasibly
seized of said land in fee simple; that Borrower has lawful authority to mortgage said
land and that said land is free and clear of all encumbrances except as may be
expressly contained herein.
This Mortgage is upon the STATUTORY CONDITION and the other conditions set forth
herein, for breach of which Lender shall have the STATUTORY POWER OF SALE to
the extent existing under State law.
Executed under seal this
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day of J)/3C¿.Jr;t3 61<
,2008.
BORROWER:
JOHN SWEENEY
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ACKNOWLEDGMENT:
STATEOF~I&..v..-"
COUNTY OF LI ~~/f)1 .. '\
On .;:)q~ day of December, 2008 before me, a notary public, personally appeared John Sweeney,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same.
WITNESS my hand and official seal.
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