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000336
MORTGAGE
THIS MORTGAGE, made as of the /2 day of hß , 20 Dal,
HICKMAN INVESTMENTS, LLC, a Wyoming limited liability company, hereinafter referred
to as "Mortgagor", to MAX BLAINE THOMAN, hereinafter referred to as "Mortgagee".
The Mortgagor, for and in consideration of the sum Two Hundred Thirty-Three Thousand
One Hundred Fifty-Nine and 391100 ($233,159.39) Dollars in lawful money of the United States, to
secure certain indebtedness, evidenced by a Promissory Note of even date herewith, does hereby
grant, bargain, mortgage and convey to the Mortgagee, the real property situated in Lincoln County,
Wyoming, described as follows:
Resurvey Township 20 North, Range 113 West of the 6th P.M., Lincoln.County,
Wyoming;
Section 1:
Section 2:
Section 11:
Lots 1,2,3 and 4, SI/2;
Lots 2, 3 and 4, SWl/4, Wl/2SEl/4, SEl/4SEl/4;
Nl/2NEl/4 and a tract of land within the NWl/4NWl/4,
NEl/4NWl/4, SEl/4NWl/4, SWl/4NEl/4, SE l/4NE 1/4,
NWl/4SEl/4 lying East and North of the centerline of the
Union Pacific Railroad Company's (Oregon Short Line
Railroad Company) right of way, said tract being particularly
described as follows:
Beginning on the East line of said Section 11 where the
centerline of the Union Pacific Railroad Company right of
way intersects the East line of Section 11, which place is
N.00006'W., 1526.0 feet from the Southeast comer of said
Section 11;
thence N.50031 ;W., 5937.9 feet along the centerline of the
said right of way to a point on the North line of said Section
11;
thence S.89°58'E., 4581.3 feet along the North line of said
Section 11 to the Northeast comer of Section 11;
thence S.00006'E., 3793.6 feet along the East line of Section
11 to the place of beginning;
All;
RECEIVED 2/12/2009 at 3:43 PM
RECEIVING # 945243
BOOK: 715 PAGE: 336
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Section 12:
Resurvey Township 21 North, Range 112 West of the 6th P.M., Lincoln County,
Wyoming;
Section:iQl: Wl/2SWl/4, SEl/4SWl/4;
32
LESS AND EXCEPT the land described in Warranty Deed to the State Highway
Commission of Wyoming recorded October 11,1966 in Book 76 PR on Page 82 of
the records of the Lincoln County Clerk.
AND, EXCEPTING therefrom, any portion of Land granted under an Act of
Congress for railroad purposes.
TOGETHER WITH all improvements,. appurtenances, water and water rights, ditch
and ditch rights, reservoir and reservoir rights, thereunto appertaining;
SUBJECT TO reservations and restrictions contained in the United States patents or
otherwise of record, to easements and rights of way of record or in use, to prior
mineral reservations of record and to all other matters of public record;
The indebtedness secured hereby is described as:
A. The principal balance of Two Hundred Thirty-Three Thousand One Hundred
Fifty-Nine and 39/100 ($233,159.39) Dollars together with interest at the rate of
2.85% per annum thereon shall be paid in Four (4) equal annual installments of
interest and principal of$62,500.00 each. Payments of said annual installments shall
begin on 2/12/1 0 and continue in like amount on or before the same day of each and
every month thereafter until paid in full. Interest shall accrue on the principal
MORTGAGE
Thoman I Hickman Investments, LLC
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IL
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ú0033t'd'
amount from 2/12/09. All payments shall first be applied to accrued interest and
then to principal as of the date received.
B. Mortgagor shall have the right to make additional cash payments at any time
and may pay the entire balance due, with any interest to date of such payment, at any
time without penalty. A partial payrÏ1ent shall not act to reduce the amount or
change the date of the next annual payment due but shall act by reduction of
principal owed to reduce the total term ofthe Mortgage and thus the total amount of
interest paid. Mortgagor may pay an amount equal to an annual payment and specify
that it is an advance annual payment and not a prepayment and thus have said
payment act to satisfy the next respective annual payment obligation.
C. It is specifically agreed that late payments accepted by Holder will not operate
to change or modify any of the due dates or other payments due hereunder.
TO HAVE AND TO HOLD such property forever (any of such property which is subject to
the lien of this Mortgage from time to time is referred to as the "property"), the Mortgagor hereby
relinquishing and waiving all rights under and by virtue of the homestead exemption laws of the
State of Wyoming.
This Mortgage is subject to the express condition that, if the Mortgagor pays or causes to be
paid, to the Mortgagee the sums set out above and all extensions and renewals thereof and all other
amounts due hereunder, then this Mortgage and such note shall cease and be null and void. The
Mortgagor hereby covenants to pay all such amounts.
1. The Mortgagor further covenants and agrees as follows:
(a) The lien of this Mortgage shall remain in full force and effect during any
postponement or extension of the time of payment of any part of the indebtedness secured hereby.
(b) The Mortgagor shall payor cause to be paid all taxes and assessments levied
or assessed against the property, and shall comply with all recordation and other laws affecting the
security of this Mortgage, at the expense of the Mortgagor.
(c) The Mortgagor shall not permit the interest of the Mortgagor in the property
or any part thereof to be levied upon or attached in any legal or equitable proceeding, except to the
extent such proceeding is being contested in good faith by appropriate proceedings.
2. If the Mortgagor defaults in the payment of such taxes, assessments or other lawful
charges, the Mortgagee may, without notice or demand, pay the same. The Mortgagor covenants
and agrees that all such sums of money so expended, shall be added to the debt hereby secured, and
agrees to repay the same and all expenses so incurre4 by the Mortgagee, with interest thereon from
the date of payment at the interest rate provided in the note secured hereby until repaid, and the
same shall be a lien on the property and be secured by this Mortgage. The Mortgagee is not required
by this provision to advance such funds. A failure by Mortgagor to timely pay such taxes,
assessments or other lawful charges shall constitute a default under this mortgage the same as non-
payment of the sums secured by this mortgage even if such funds are advanced by Mortgagee.
3. The Mortgagee may enforce the provisions of, or foreclose this Mortgage by any
appropriate suit, action or proceeding at law or in equity or by advertisement and sale as provided by
Wyoming Statutes. At any foreclosure sale, the Mortgagee may cause to be executed and delivered
to the purchaser or purchasers a proper deed or conveyance of the property so sold. The Mortgagor
agrees to pay all costs of enforcement and offoreclosure, including reasonable attorney's fees. The
failure of the Mortgagee to promptly foreclose following a default shall not prejudice any right of
MORTGAGE
Thoman I Hickman Investments, LLC
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000338
the Mortgagee to foreclose thereafter during the continuance of such default or any right to foreclose
in case of further default or defaults. The proceeds from such sale shall be applied to the payment of
(1st) the costs and expenses ofthe foreclosure and sale, including reasonable attorney's fees, and all
money expended or advanced by the Mortgagee pursuant to the provisions of this Mortgage; (2nd)
all unpaid taxes, assessments, claims and liens on the property, which are superior to the lien hereof;
(3rd) the balance due to the Mortgagee on account of principal and interest on the indebtedness
hereby secured; and (4th) the surplus, if any, shall be paid to the Mortgagor (subject to the rights of
any junior lienholder).
4. If the property described herein is sold under foreclosure or otherwise and the
proceeds are insufficient to pay the total indebtedness hereby secured, the Mortgagor shall be
personally bound to pay the unpaid balance of the note secured hereby and any other indebtedness
secured hereby, and the Mortgagee shall be entitled to a deficiency judgment.
5. The acceptance of this Mortgage, and the Promissory Note it secures, by the
Mortgagee shall be an acceptance of the terms and conditions contained herein.
6. The covenants and agreements herein contained shall bind, and inure to the benefit
of, the respective heirs, devisees, legatees, executors, administrators, successors and assigns ofthe
Mortgagor and the Mortgagee. Whenever used the singular number shall include the plural, the
plural the singular, and the use of any gender shall include all genders.
7. The Mortgagor shall not create, incur or suffer to exist any other mortgage or lien on
the property, which is not junior to the lien of this Mortgage.
IN WITNESS WHEREOF, this Mortgage has been executed by the Mortgagor as of the date
first above written.
BY:
HICKMAN INVESTMENTS, LLC, a
WYOminglinut~
Æ
·STUART HICKMAN, Managing Member
STATE OF ~~V'(\ \h:J
COUNTY OF L\ n( 0 ¡ v~v
)
) ss.
)
The foregoing MORTGAGE was acknowledged before me by HICKMAN
INVESTMENTS, LLC, a Wyoming limited liability company, by STUART HICKMAN, its
Managing Member, this ~1,. day of £e1 ~ \ilvl) j , 20~.
Witness my hand and official seal.
My Commission Expires: PfV~'/O 10) 2D { \
t':réo~;.rï.;;-.eYC[:.:i;è.~~.9.¡;.r.}.'r..:.·~. N-;t;Y'P~JC
County of :r~~;-;E:~~~i":"'~\'i State ,of '
Lincoln '~J'i(i~i0}J Wyoming
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MORTGAGE
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Page 3 of3
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