HomeMy WebLinkAbout944416
CD
6010817301
Rev. 11/99
RECEIVED 12/30/2008 at 1 :Ub t-'M
RECEIVING # ~16 qyY c.¡}b
BOOK: 712 PAGE: 191
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
i/f ~
Loan No. B00044 LN
Mortgage
State Loan & Investment Board
/'. ./ I
THIS MORTGAGE made this 1--6 day of _Ot!Ct!I'^-,!, f' r ,2008 between
JASON JOHN THORNOCK AND TRACY THORNOCK. husband and wife of Lincoln County. Wvomin~
COû:19j.
hereinafter called "MORTGAGOR" and the STATE OF WYOMING, STATE LOAN & INVESTMENT BOARD, 122 West 25th
Street, Cheyenne, Wyoming, hereinafter called "MORTGAGEE," to secure payment of the sum of
SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS,
WITNESS: MORTGAGOR for and in consideration of the sum aforesaid paid by MORTGAGEE, receipt of which
MORTGAGOR acknowledges, mortgages, warrants, grants, bargains, and conveys to MORTGAGEE, its successors and
assigns forever, the following described real estate:
SEE ATTACHED LEGAL DESCRIPTION EXHIBIT 'A'
and including any mineral rights, estates, or interests existing on, under or in said real estate, whether now owned by
mortgagor or hereafter acquired; and further including all buildings and improvements thereon and all other privileges,
property capable of being inherited, and appurtenances to said lands and including all water and water rights, adjudicated or
unadjudicated, stored, used upon, or appropriated for the above-described lands, together with all irrigation, reservoirs,
ditches, laterals, canals, flumes, aqueducts and syphons complete, or any interest therein regardless of how owned or
represented (if by stock in an incorporated Ditch Company this instrument shall constitute an assignment thereo~ with rights of
way therefore; also all other irrigation works, drainage systems, artesian wells and water flowing therefrom, windmills, and all
other property and property rights of every kind and character, real and personal, pertaining to or used in connection with the
irrigation and drainage of the lands mortgaged herein, or which may be appurtenant to said lands, whether owned by
MORTGAGOR at the date of this mortgage or hereinafter in any manner acquired by MORTGAGOR during the term of this
mortgage, When the word "premises" is hereafter used it covers all property of every kind and character contained in this
paragraph.
This mortgage is given to secure a promissory note of even date herewith, executed by MORTGAGORS to
MORTGAGEE, in the principal sum of SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS, payable with interest
according to the terms of the note, the final payment being due and payable on the first day of December, 2038. This
mortgage shall be void upon the payment of the promissory note,
-"
MORTGAGOR covenants that MORTGAGOR is lawfully seized of the premises; that MORTGAGOR has good right to
sell or convey the same, and that the premises are free of any prior encumbrances. MORTGAGOR warrants the title to the
premises, and releases and waives all rights under the Homestead Exemption Laws of this State.
MORTGAGOR as part of the consideration hereof, further covenants as follows:
(1) That during the existence of this mortgage the MORTGAGOR will in a proper and husbandlike manner cultivate,
irrigate, and fertilize all orchards and crops now or hereafter grown on the premises, and will keep all buildings, fences,
ditches, canals and other improvements on the premises in good repair and will not do or permit any waste on the premises
and will not abandon them.
(2) That MORTGAGEE, or its duly authorized agents, shall at all times have the right to enter upon and inspect the
premises.
(3) That MORTGAGOR will preserve and protect all water rights and irrigation systems hereby conveyed, and will pay,
when due, all assessments and charges for the irrigation and drainage of the lands hereby mortgaged.
(4) That MORTGAGOR will pay, when due, all principal and installments thereof, and the interest thereon, as
hereinbefore set forth, If default be made in payment when due of any part or installment of principal or interest, then
MORTGAGOR shall pay a fee on each defaulted payment from the date the payment is due until the defaulted payment is
made, at the rate provided by law at the time collection is attempted by MORTGAGEE. MORTGAGOR will also pay all taxes,
liens, judgments, and assessments; and shall keep all buildings thereon insured, to MORTGAGEE'S satisfaction, The
insurance shall be made payable to MORTGAGEE, as its interest may appear at the time of the loss, MORTGAGOR will pay
the premiums, MORTGAGEE may pay all taxes, liens, judgments, assessments or insurance not paid by MORTGAGOR
when due. When so paid, they shall become part of the mortgage debt and shall bear interest at the rate as provided by law
in effect at that time of collection of default, and shall be payable out of the first moneys received by MORTGAGEE under the
terms of this mortgage,
(5) That MORTGAGEE shall have a lien prior and superior to all other liens upon all crops growing on lands given it as
security for such loan, and also upon such crops after they have been separated from the land for any installment or
i~: {~: f~:'~ ~j~ ;7~
000192
installments of principal, interest, or statutory fees due or delinquent on the loan, together with other amounts expended under
this mortgage with interest thereon at the same rate as hereinbefore provided, and also for all such installments becoming due
during the calendar year in which such crops are harvested, with such interest. This lien is hereby expressly reserved, Any
person purchasing or otherwise acquiring the crops, or any part thereof, takes the same subject to this lien, Any officer, agent
or person empowered to represent MORTGAGEE is hereby authorized to seize the crops, and upon giving three days' notice,
to sell either at private or public sale, enough of the crops to pay the amounts due and delinquent under the mortgage,
together with cost and expenses of sale,
(6) That in the event of the sale or transfer of the real property herein described, at MORTGAGEE'S election, the entire
balance of the note shall become due and payable,
(7) That further to secure the payment of the note, MORTGAGOR assigns to MORTGAGEE in whole, or at
MORTGAGEE'S option, in amounts or proportionate part as MORTGAGEE may from time to time designate, all the rents,
bonuses, royalties, payments, damages and delay moneys that may from time to time become due and payable on account of
any oil or gas mining leases, mineral leases or any other kind of leases or rights-of-way agreements existing or that come into
existence covering the above described lands, At MORTGAGEE'S option, MORTGAGOR agrees to allow payment directly to
MORTGAGEE by anyone obligated to MORTGAGOR for any rents, bonuses, royalties, payments, damages, and delay
moneys as hereinbefore set out. All moneys received by MORTGAGEE by reason of this assignment shall be applied: First,
to the payment of all taxes, liens, judgments, assessments, insurance or other sums advanced by MORTGAGEE under the
terms of this mortgage with interest thereon; Second, to the payment of matured installments with interest and statutory fees
thereon; Third, to the principal remaining unpaid, provided that nothing herein shall be construed as a waiver of the priority of
the lien created by this mortgage over any such lease or right-of-way agreement made after this mortgage.
(8) That MORTGAGOR, in applying for this loan, has made certain representations to MORTGAGEE as to the
purposes for which the money loaned on this mortgage was borrowed, MORTGAGOR agrees that such representations are
specifically referred to and made a part of this mortgage. If the whole or any portion of said loan is expended for purposes
other than those specified in the original application of MORTGAGOR or if MORTGAGOR is in default with respect to any
condition or covenant of this mortgage, or if MORTGAGOR abandons said land for a period of three months, or if
MORTGAGEE at any time believes that said loan is not adequately secured because of any mismanagement, waste or
neglect of said land, the whole of this loan shall, at MORTGAGEE'S option, become due and payable,
(9) That if MORTGAGOR defaults in the payment of the sum of money intended to be secured hereby, or any portion
thereof, or of any installment or any part thereof, or any interest moneys, or any part thereof, or of any taxes, liens, judgments,
assessments or insurance, or any interest thereon, then and in that event the whole of said loan shall at MORTGAGEE'S
option become due and payable. It shall be lawful for MORTGAGEE to foreclose this mortgage by advertisement and sale or
by action in Court, as by law provided in the cases of other mortgages, and to sell and dispose of the premises and all of the
right, title, interest, benefit and equity of redemption of MORTGAGOR. Out of the moneys arising from the sale under such
foreclosure, MORTGAGEE may retain the principal, interest and statutory fees thereon to the date of sale; and also any
moneys expended for taxes, liens, judgments, assessments and insurance, and any cost of abstract of title or continuation
thereof, and any cost of any foreclosure policy, and any interest thereon at the same rate as hereinbefore provided, from the
dates of such expenditures, respectively to the date of sale, together with all costs and expenses of sale, including a
reasonable attorney's fee as set out herein below. The over plus, if any, shall be paid to MORTGAGOR or into Court for
disbursement if MORTGAGEE so decides. If MORTGAGEE forecloses this mortgage and the sum derived from the sale of
the premises is insufficient to satisfy the amount of the judgment rendered in MORTGAGEE'S favor. MORTGAGEE shall be
entitled to and have a deficiency jvdgment against MORTGAGOR for the amount remaining due and unpaid after applying the
proceeds of the sale on the debt due MORTGAGEE.
(10) That further, in the event of foreclosure of this mortgage, MORTGAGEE shall be entitled, at the commencement of
such foreclosure proceedings, to the appointment of a receiver of the premises, without bond, who shall be designated by
MORTGAGEE. The receiver may take possession of the premises and of any crops, and collect the rents, profits and
bonuses therefrom pending foreclosure proceedings, and until the right of redemption expires; and that such rents, profits,
bonuses and proceeds of sale of crops shall be applied to the payment of the amount due under the terms of this mortgage.
(11) That in the event of commencement of foreclosure proceedings, either by advertisement and sale or by Court
action, MORTGAGOR agrees to pay as a part of the mortgage debt hereby secured, all costs, fees and expenses, including
an attorney's fees of ten percent (10%) of the total amount due.
(12) MORTGAGOR agrees that in the event of foreclosure of this mortgage, the purchaser or purchasers at the
foreclosure sale shall be entitled to enter upon and take possession of the premises ninety-one (91) days following foreclosure
sale, and that the purchaser is thereafter entitled to any rents and profits from the premises. MORTGAGOR also expressly
agrees that any lessee who shall be in possession by virtue of a lease from MORTGAGEE if MORTGAGEE has purchased
the premises at a foreclosure sale shall be entitled to any profits from any crops planted by lessee, and shall have access to
the premises to tend and harvest any such crops which have already been planted, regardless of any statutory redemption by
MORTGAGOR. t~i} f\J >;
(13) The terms of this mortgage shall extend to and bind the heirs, successors and assigns of the parties hereto,
This mortgage is made to MORTGAGEE, the State Loan & Investment Board, as provided under the Wyoming Farm
Loan Act, approved February 22, 1921, and as amended,
IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his (her or their) hand the day and year first above
written. ./;¿:! /
~~hor~---
.V~\\\'\~ ~~~\:- ûOû1.93
V'r~ ~~ " .
STATE OF WYOMING )
~s.
COUNTY OF
~
The for~strument was acknowledged before me by Jason John Thomock and Tracy Thomock this -<'6day of
/ ~ v~2008.
Witness my hand and official seal.
~:.~~
I; GLORIA I<. BYERS~;f", NOTAFIY PUBLlC~
County of State of ~
) Lincoln IfVyorning \jj
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My Commission Expires: 9 - /5 - / /
----------
----------
STATE OF WYOMING
COUNTY OF
)
) ss.
)
RECEPTION NO.
This instrument was filed for record at
2008, and duly recorded in Book on page
o'clock _ M., on the _ day of
A.D.,
County L;lerK or Keglster or ueeas
Photographed
Indexed
Abstracted
Checked
Fees,$
BY:
lJeputy
;L
Jason John Thornock
Loan No. B00044
- ----- - --- -- -
--_.---- - -- ---
.--..--...--.-.........---
LEGAL DESCRIPTION
..- -----~ ----- EXlJ.täÏ'Ï"A'-
Order No: 6010817301
OOö194
Parcell
Resurvey Township 24 North Ran~e 119 West ofthe 6tlt P.M., Lincoln. County
Wyoming
Section 6: That part of Lot 18 of Section 6; and that part of Resurvey Tract 109
lying
Section 7:
Westerly of the centerline of the Bear Riover; and, Lots 49 and 50;
Lots 12,23 and 24, and that part afTract 121 lying Westerly of the
centerline of the Bear River;
Resurvey Township 24 North Ran¡e 119 West and Resurvey Township 24 North
Range 120 West oCtile 6th P.M., LincobJ. County, Wyoming.
Those portions of Tracts 84, 85 and 86 lying Westerly of the centerline of the B~r
River described as follows:
BEGINNING at Tract corner 6/85 and 3/84 in Township 24 North Range 119 West of
the 6th P.M.; and, running thenc::e East, 205 feet to the center ofthe Be-'lr River;
thence North 39°30' West, 690 feet;
thence North 23°45' West, 496 feet;
thence North 27°30' West, 460 feet;
thence North 210 West, 264 feet;
thence North 14° West, 125 feet;
thence North 33°30' West, 374 feet;
thence North 46° West, 320 feet;
thence North 3611 West, 405 feet;
thence North 38°45' West, 169 feet;
thence North 4°30' West, 310 feet;
thence North 5°30' East, 723 feet;
thence North 43° East, 285 feet;
thence North 22°30' East, 484 feet;
thence North 8°30' East, 698 feet;
thence West 1653 feet;
thence South 44' East, 2674 feet;
thence East, 1320 feet;
thence South 44' East, 2799 feet;
thence East, 1320 feet to the PLACE OF BEGINNING.
Initials: 1/ :::s:s\' ~""
Date: 1/12. /26/2008
- ---~ -- .--- .-..-_....-.
Jason John Thornock
Loan No. B00044
ûOû1.95·
Resurvey Tow~1!ip_~_~N~r~R~g~J20 W est. of the 6th r.M.J LincolnCounty,-m
- -- Wyoñili'Ïg:- -- - - -
Section 1: South Half of the Southeast Quarter¡
Section 3: Lot 9, East of property line/fence line as described by Surveyor
Scherbe~
L TD on the Map recorded in the Lincoln County Clerk's Office as
Map 21C on January 5, 1994;
Section 9: Lot 7, South of the property line/fence line as described by Surveyor
Scherbel, L TD on the Map recorded in the Lincoln County Clerl,'s
Office as Map 21 C
on January 5,1994;
Section 12: Northeast Quarter;
Section 14: Northwest Quarter of the Northwest Quartel';
Resurvey Tracts 41A, 41C and 41D, and Resurvey Tract 45;
That part of Resun-ey Tract 130 lying westerly ofthe centerline of the Bear River
Resurvey Township 25 North Range 119 West of the 6th P.M., LmcoIn County,
Wyom:in:
Section 21:
Section 28:
S~ction 29:
:ction 31:
-<"scribed
Lots 30, 32 and 34;
Lots 2, 4, 5, 7, 11, 13, 16,34 and 40;
Lots 34, 36 and 37;
That part of Lot 5, lying North of the property line/fence line as
County
by Surveyor Scberbe~ L TD on the Map recorded in the Lincoln
Section 32:
Section 33;
Clerk's Office as Map 21C on January 5,1994
Lot7
Lots 8, 9, 14, 15, 25, 26, 32 and 42;
That pal"t of Resurvey Tract 61, lying West of the Oregon Shortline Railroad right of
way.
LESS AND EXCEPT the land described in Warranty Deed recorded September 28,
Z007 in Book 673 on page 792 of the records of the Lincoln County Clerk.
1 ut part of Resurvey Tract 53 lying East of the property line/fence line as described
b)' Surveyor Scherbe~ L TD on the Map recorded in the Lincoln County Clerk's Office
as Map 21 C on january 5, 1994.
Resurvey Tract 56; Resurvey Tract 57; Resurvey Tract 58; and Resurvey Tract 59
Resurvey Tract 60 and that portion of Resurvey Tract 76 lying Westerly of tbe
centedine of the Bear River.
South Half of Tract SOB and South Half of Tract 81, described as follows:
Beginning at the Southeast corner of Tract 80B and running thence North 16' West,
40.70 chains;
thence South 89°19' West, 20 chains;
thence West 20 chains;
Intitials: ~' -<.<.
Date: ./(2 /'2L"'/O~
Jason John Thornock
Loan No. B00044
thence South 16' East, 40.80 chains to the Southwest torner of Tract 81; 000196
thenCè East 20 chains tothe Southwes~ cºrner QfJ'ract80B;_ _ u__uu________~__
---thence-North 88°j8' Eäs~ 20 chãins to the point of beginning.
All that part Of Resurvey Tnct 129 lying Westerly ofthe centerline of Bear River.
LESS AND EXCEPT that part of Section 1, Township 24 North Range 120 West and
Section 6, Township 24 North Range 119 West, including part of GLO Tract 86 of said
Township
24 North Range 119 West ånd Range 120 West described as follows:
BEGINNING at a position on the West line of said Section 6 South 00°34'50" West,
400.00 feet, of the closing corner on the West line of said Section 6 and the South line of
said Tract 86;
thence North 89°25'10" West, 417.42 feet along a line perpendicular to said West line to
a
position;
thence North 00°34'50" East, 1234.84 feet, along a line parallel with said West line to a
position;
thence South 89°25'10" East 850 feet, more or less, along a line perpendicular to said
West line
to the thread of Bear River;
thence Southeasterly, 1430 feet more or less, along said thread to a position that is
South 89°25'10" East of the Point of Beginning;
thence North 89°25'10" West, 1080 feet, more or less, along a line perpendicular to said
West
line to the POINT OF BEGINNING.
Parcel 2 'Ø
That part of Tract No. 61 of Resurvey Township 25 North, Range 119 West, Lincoln
County, WyolJÛng bounded and destribed as follows:
on the North line by the North line of said Tract No. 61;
on the South by the South line of said Tract;
on the West by the thread of the channel of the Bear River and the West line ofsaid
Tract; and
on the East by the West right~of-way line of the Oregon Short Line Railroad;
EXCEPTING THEREFROM that tract of record in the Office of the Clerk of Lincoln
County in Book 25 of Deeds on page 460 as conveyed to the Union Pacific Railroad
Company.
Initials: v -m \'\
Date: \./ 121'1- ó''/2r')()B
TOGEnJER with a rJght of Ing..... alld egress and utilities alOng the rollowlng described roadway known as the Cokevllle
Gravel Pit Road:
Jason John Thornock
Loan B00044
t)Oö197
A strip of land sïxt¡. (80) feet In WIdth being part of Tract 121 and Tract 85 within Seotions 6 and 7, Lot 22 within Section 7 and
Lot 50 Wilhln said SectIon 6, T24N, R119W, the S112SE1/4 01 Section 1 and the N112NE1/4 of .aid Section 12, T24N,
R120W, Uncoln County, Wyoming with the center~line described as follows:
BEGINNING at station 5+85.45 on !he SOIIth line of said Tract 121, N88'45.5W, 48.08 feet from Comer No.2 of said Tract
121; _ . ,
thence coursing said roadway as follows:
thence N50019W, 113.92 feet, to Station 7+00.37;
thence N36°28W, 673.65 fee~ to Station 13+74,02;
thence N51°54'E, 394.90 feet, to Station 17+68.92;
thence N3so15'W. 304.30 feet, to Station 20+73.22;
thence N54 '17'W, 368.84 feet, 10 Slation 24+42.06 on the west line ofsaid Tr..ct 121. SOO'5O'E, 78 75 fee~ from Corner No,
4 of said Tract 121 and leave land of grantor,
thence continuing N54°17'W. 77.45 feet to Station 25+19,51;
thence N25'47.5W, 35.40 feet, 10 Station 25+54.91 on the SOIIth line of said Tract 85, S88'43W, 77.00 fee~ from said
Comer NO.4 identical with Comer No.6 of said Tract 85 and enter land of grantor;
thence continuing N25°47.5'W, 976,85 fee~ to Station 35+31.75;
thence N34°12.5'W, 479.23 fee~ to Station 40+10,99;
thence N14"29.5'W, 111.40 feet, to Station 41+22.39;
thence N54D07W, 128.88 feet, to Station 42+51.07;
thence N41D57'W, 220.86 feet, to Station 44+71.93;
thence N45°34.5'W, 170.35 fee~ to Station 46+42.28;
thence N55°64.5W, 254.07 feet. to Station 48+06.35;
thence N76°10.5'W, 254.07 feet, to Station 51+50.42; ,
thence N86'22,5W. 439_10 feet, 10 SlaPon 55+89.52 on the west line of said Section S, North. 562.8 fee~ from the southwest
comer of said Section 5;
eII( a strip of land sïxt¡. (SO) feet in Width being part of the SE1/4SE1/4 of soid Section 1 with tho east line described a.
follows: .
BEGINNING at a SJation 55+89.52 of .ald roadway on the easlll". of said Section 1, North, 562.8 feet, from the southeast
comer of said Section 1 found as described In the Certified Land Comer ROoordation CertJficale filed In the said Office;
,
thence NOOD34'50"E, 368 feel along said Section line to the south line of the above described tract; AND
TOGETHER with a right 01 Ingress and egress and udlltie. along the followin9 described roadway known as the Cokevllle
Gravel Pit Road: .
That part of Tract No. 71 of T24N, R 11 9W, Lincoln County, Wyoming, described as follows:
BEGINNING at Comer No.5 of said T/aCI No. 71, identical with Comer'No. '4 01 Tract No. 70 and Corner No. 2 01 Tract No.
121;
thence East, sixty (60) feet. along line 5-4 of said Tract No. 71;
thence NOoo44'W, Sixty (60) feet, along a line parallel with Line 5-6 of said Tract No. 71;
thence West. sixty (60) feet, along a line parallel with said Line 5-4 to said line 5-6;
thence SOOD44'E, sixty (50) fee~ along said line 5-6 line to the CORNER OF BEGINNING; AND
TOGETHER with a right of ingress and egress and utilities along the fOllowing described roadway known as the Coke\lille
Gravel Pit Road:
A strip of land sixty (50) feet in width being part of Tract No. 70 of T24N, R119W, Lincoln County, Wyoming with the center-
line described as follows:
BEGINNING et a point within the bounds of the Cokeville - Utah Line County ROOd No. 12-207, N171 :-23.5'E, 1039.76 feet
from Comer No. 3 of said Tract No. 70;
thence N55rJ-54'W, 179.99 feet;
thence N31 O·16'W. 335.78 feet to an intersection with the west line of said Tract No. 70, SOQC1-50'E, 48.66 feet from Comer
No.4 of said Tract No. 70;
all in accordance with the plat for the Cokeville Gravel Pit Road (not a County Road); AND;
the west sixty (60) feet of the nort" one hundred (100) feet of said Tract 70.
all in accordance with the plat to be prepared and filed In the said Office.
".. "\\1--1 --<' --<'""\_
Initials: í./-u ~_,