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Home My WebLink About945507 NTL-2160 When recorded mall to: BOYD R. NIELD PO BOX 695 AFTON. WY 83110 REAL ESTATE MORTGAGE, 000099' FOR VALUE RECENED, JERRY BROWN and TAMARA. BROWN, the IIMortgagors'" do hereby grant, bargain, sell and ,convey unto BOYD R. NIELD AND PAULA A, NIELD, TRUSTEES OF mE BOYD R. NIELD AND PAULA A. NIELD , REVOCABLE TRUST DATED NOVEMBER 28~ 1988 AND KAREN N. ROBERTS, TRUSTEE OF THE ROBERTS FAMILY TRUST DATED THE 28m DAY OF JUNE 1999, TALL YNIELD, AND CAL AND STACEY NIELD, HUSBAND AND WIFE and PAULA NIELD and KAREN ROBERTS, TRUSTEE and CAL NIELD and STACEY ANN NIELD and TALL Y NIELD, collectively the IIMortgageesll, the following described 'premises, in LINCOLN COUNTY, WYOMING: j See Attached Exhibit flAil , , TO HA VE AND TO HOLD the said premises, with their appurtenances, Unto the said Mortgagees, their heirs and assigns forever, This conveyance is intended as a mortgage to secure the Promissory Note dated ,in the amount of 875,000.00. plus interest payable to the Mortgagee, with final payment.due FEBRUARY 26,2009, and providing for acceleration of the due date of the principal for default in the payment of interest or any installment of principal, and providing for a reasonable attorney's fee in case of suit of action. The Mortgagors COvenant and agree with the Mòrtgagees as follows: That they are the owners in fee simple of the above described premises and that they are free trom all encwnbrances except as provided on the conveyance deed to them, and except tms Mortgage. That they will pay the, indebtedness hereby secured promptly, according to the tenns of said Promissory Note. That they will pay all taxes, liens and assessments of any nature hereafter levied Ç)r imposed, or becoming payable, upon said premises not later than the twentieth day before delinquency. If the Mortgagors shall fail to pay any such tax or Hen, the Mortgagees may pay th~ same. and all payments by the Mortgagees for any such purpose shall be added to the indebtedness hereby secured. and shall be repayable on demand, with interest at the rate ,of eighteen percent (18~) per annum until paid. for the purpose of further securing said indebtedness and performance of the convenants herein contained, the Mortgagors hereby sell and assign to the Mortgagees any and all rentals accruing, or to accrue on said premises, during the life of this Mortgage. ' RECEIVED 2/23/2009 at 4:09 PM RECEIVING # 945507 BOOK: 716 PAGE: 99 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY If the .said Mortgagors shall payor cause to be paid all moneys which may become due upon said Promissory Note and shall otherwise comply with the tenus and conditions hereof, this conveyance shall be void¡ but in case default shall be made in the payment of the. indebtness hereby herein contained, then the Mortgagees or their assigns, at their optioJ;1 may declare the entire indebtedness hereby secured immediately due and payable, and foreclosé this Mortgage and cause said mortgaged premises to be sold in the manner provided by law, and out of the moneys arising from such sale retain principal and interest together with any sums advanced as , provided herein, with interest as aforesaid, together with the costs and charges of such foreclosure suit and' sale, including such sums as,the court may adjudge reasonable as an å,ttomey's fee to be allowed the plaintiff, and the overplus, if any there be, pay over to the Mortgagors, their h~irs and assigns. úOvl,()O State of Y )" County ~) :ss On if" ~ 9 , personally appeared before me JERRY BROWN and TAMARA BROWN, signers of the wi . n instrument, who duly acknowledged to me that they executed the same. :iJ~ ;xl. ¿It''- Notary Public ' Residing: ~ 11.-".¡-.L ~ Expires: dL/".ø-? /~Q 10 ORDER NUM-.....n... £L-2160 EXHIBIT" A" ÜOv101 TRACT 1 That part of the N1I2SWII4 and that part of the SInSl12NW1I4 and that part of the NW1l4SE1I4 of Section I, T33N Rl 19W, Lincoln County, Wyoming, being part of those tracta of record in tho Office oftþe Clerk of Lincoln COW1ty in Book 615 ofPhotostatic Records on page 588, in Book 617 of Photostatic Record on page 663 and in Book 657 of Photostatic Records on page 829, described as follows: ' BEGINNING at a point on the north line of said Sl/2SJl2NWII4, SSSII.54'-Q7"E 1321.53 feet, fi'orn the northwest comer of said S1l2S1l2NWI/4; thence S88°-54'-01"E, ) 114.75 feet, along the north line of said SII2SI/2NW1I4, to a point on the westerly right-of-way tine of U.S. Highway 89, tho begi1Uling of a non-tangent cIrcular curve to the right, with the radius point bearing S5611-12'-08"W; thence southeasterly, 430.15 feet, along the arc òfsaid cW'Ve, through Ii centTa) angle of 1211-15'-47", with a radius of2009.77 feet and a chord bearing S27°..39'-58"E, 429.33 reet, to IÌ point of the east line of said S 112S112NW 1/4, and leave said right-of-wlt)' line; thenceSOlO-06'-54"W, 282,96 feot. along said eWit, to the northwest Comer of said NWl/4SEl/4; thence S88°-.54'-16~E, 108.07 feet, along the tlc,rth line of said NWl/4SE1/4, to a point on the westerly right-of-way lino of said U.S, Highway 89, the beginning o.f a non-tangent circular curyo to the right, with the radius point bearing S770..0 1 '-04t1W; thence southeasterly 338.84 feet, along the arc ofsaid curve, through a central angle of9°-3"-18", with a radius of2024.77 feet, and II. chord bearing S08°-11'..17uE. 338.45 feet, to a ppint; thence N881;!-54'-07"W, 947.97 foøt:, along a line parallel with the north line of said Sl/2SI/2NW1I4, to a point; thence S82°-0t51_06~'W, 697.56 feet, to a position on the thread of tho main charmeJ of the Salt River~ indentical with the olUterty line of that tract of record in said Office in Book 682 of Photostatic Records on pa~e 516; thenco coursing said thread and $Idd easterly line Wi follows: N05°-48'-09"B, 227.5 feet, more or less, to a position; N03°-20'-J8"W, ] 10.7 feet, more or less, to a position; N02°-47'-20"W, J66.6 feet, more or less, to a po:dtion; N31 o~22t-35W, 201.2 reet, more or ]ess, to a position; N18°-00'w40lfW, 49.2 feet, more or less, to a position on the centerline or an existing oxbow channel; thence coursing said centerHne as follows: N18"-39'-48"E, 62,S feet, moTO or less, to a position; N36°-05'-10"E, 247.9 feet, more or lass, to a position; NS711-16'-37"E, 72,2 feet, more or less, to a position; N7SQ-n'-SS"E, 96,0 foet, mote or Jess, to a position, and leave said centerlinè;. NOI t;I-17'-12"E, 26.5 feet, moro or less, to II point on the south line ora sixty (60) foot access and utility easement; thence continuIng N01°-17'-12"E, 60.00 feet, to the POINT OF BEGINNING, It is intended that the actual thread of the Salt River as it move¡ with the changes caused 'by a.ccretion and erosion ofilia river be the actual boundary of the tract for that pan of the above described tTact referenced as coursing tho thread of the river; the abovo calIs along the throad of the Salt River are an approximation of that bank for the pUrpOses of detennining the approximate acreage of the above tract;