HomeMy WebLinkAbout946538
RECEIVED 4/14/2009 at 9:51 AM
RECEIVING # 946538
BOOK: 720 PAGE: 462
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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Do not write/type above this line. For filing purposes only.
FORM 5014 (10-2008)
RETURN TO Farm Credit Services of America, PO Box 878 Anderson, Tracee P
PREPARER: Casper, WY 82602 (307) 577-4700
Farm Credit Services of America
REAL ESTATE MORTGAGE
For the State of Wyoming
Open-End To Secure Present and Future Obligations and Advances
Date: April 13, 2009
Mortgagor(s ):
Teichert Brothers LLC, a Limited Liability Company
Mailing Address: PO Box 164
Cokeville, WY 83114-0164
The above named Mortgagor(s) in consideration of the extension of credit identified herein and any
future, additional or protective advances made at Mortgagee's option, hereby sell, convey, and
mortgage to Farm Credit Services of America. PCA, 5015 S 118th Street, Omaha. Nebraska 68137,
Mortgagee, its successors and assigns, from the date hereof until all obligations secured hereby are
paid in full, the following-described real estate in Lincoln County(ies), Wvomina, to wit:
Exhibit "A"
together with all Mortgagor's right, title, and interest in the property, now or hereafter acquired,
including: all buildings, fixtures, timber, timber to be cut, crops, and improvements now on or hereafter
placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues,
uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever
nature, including geothermal resources; all personal property that may integrally belong to or hereafter
become an integral part of the real estate whether attached or detached, including any appurtenances
and accoutrements of any structure or residence secured hereby; easements and other rights and
interests now or at any time hereafter belonging to or in any way pertaining to the property, whether or
not specifically described herein; all above and below ground irrigation equipment and accessories; and
all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or
hereafter issued, extended, or renewed by Mortgagor(s), any State, the United States, or any
department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this
document as the "property."
It is understood and agreed between Mortgagor(s) and Mortgagee that this mortgage is given to secure
the repayment in full of the following described obligations, regardless of whether Mortgagor(s) is(are)
liable thereon, and all future and additional loans or advances, protective or otherwise, which may be
made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), the
parties liable under the note(s) or credit agreement(s) or any of them, for any purpose, plus interest
thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s)
modifying the same.
Date of Note~s) or Credit Agreement(s)
04/ 3/2009
Principal Amount
1,200,000.00
Provided, however, that the total principal indebtedness outstanding and secured hereby at anyone
time will not exceed the sum of ONE MILLION TWO HUNDRED THOUSAND ($1,200,000.00),
exclusive of interest and protective advances authorized herein or in the loan agreement(s).
NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR
ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
This mortgage will be due Januarv 1. 2019.
App #: 391484; CIF #: 183690; Note #: 101
FORM 5014, Real Estate Mortgage
401TA
Legal Doc. Date: Apri/13, 2009
Page 1
000463
Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property,
that Mortgagor(s) has good and lawful authority to mortgage the same, that the property is free and
clear of all liens and encumbrances, except encumbrances of record, and that Mortgagor(s) will warrant
and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagor(s) also
hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and
to the above described property.
Mortgagor(s) and each of them further covenant and agree with Mortgagee as follows:
1. To pay all liens, judgments, or other assessments against the property, and to pay when due all
assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or
privilege assigned to Mortgagee as additional security to this mortgage, including those in or on public
domain.
2. To insure and keep insured buildings and other improvements, including fixtures and attachments
now on or hereafter placed on the property to the satisfaction of Mortgagee, will on demand furnish said
policies or furnish proof of insurance to Mortgagee. Any sums so received by Mortgagee may be
applied in payment of any indebtedness matured or unmatured secured by this mortgage, or at the
option of Mortgagee may be used to pay for reconstruction of the destroyed improvements. Such
insurance will be in an amount at least equal to the lesser of the loan balance, the actual cash value of
the collateral, or the replacement cost of the property, and will at a minimum, cover losses caused by
fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail.
Mortgagor(s) will obtain and keep flood insurance in force to cover losses by flood as required by
Mortgagee and by the National Flood Insurance Act of 1968, as amended, and by regulations
implementing the same. Mortgagor(s) further agrees that Mortgagee is not and will not be liable for any
failure by me/us or by any insurer, for whatever reason, to obtain and keep this insurance in force.
3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on
the property occupied and in good repair, maintenance, and condition and to neither commit nor permit
any acts of waste or any impairment of the value of the property. Mortgagee may enter upon the
property to inspect the same or to perform any acts authorized herein or in the credit agreement(s).
4. In the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or
charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements
as provided herein or in the credit agreement(s), Mortgagee, at its option, may make such payments or
provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the
principal indebtedness secured hereby, be immediately due and payable and bear interest at the
default rate provided in thenote(s) or credit agreement(s)from the date of payment until paid. The
advancement by Mortgagee of any such amounts will in no manner limit the right of Mortgagee to
declare Mortgagor(s) in default or exercise any of Mortgagee's other rights and remedies.
5. In the event Mortgagee is a party to any litigation affecting the property or the lien of this mortgage,
including any action by Mortgagee to enforce this mortgage or any suit in which Mortgagee is named a
defendant (including condemnation and bankruptcy proceedings) Mortgagee may incur expenses and
advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs,expenses,
appraisal fees, and other charges and any amounts so advanced will become part of the principal
indebtedness secured hereby, be immediately due and payable and bear interest at the default rate
provided in the note(s) or credit agreement(s) from the date of advance until paid.
6. Any awards made to Mortgagor(s) or their successors by the exercise of eminent domain are hereby
assigned to Mortgagee; and Mortgagee is hereby authorized to collect and apply the same in payment
of any indebtedness, matured or unmatured, secured by this mortgage.
7. In the event of default in the payment when due of any sums secured hereby (principal, interest,
advancements, or protective advances), or failure to perform or observe any covenants and conditions
contained herein, in the note(s), credit agreement(s), or other instrument(s), or any proceeding is
brought under any Bankruptcy laws, Mortgagee, at its option, may declare the entire indebtedness
secured hereby to be immediately due and payable and the whole will bear interest at the default rate
as provided in the note(s) or credit agreement(s) and Mortgagee may immediately foreclose this
mortgage or pursue any other remedy at law or equity, including foreclosure by advertisement with a
power of sale in Mortgagee to the extent provided by applicable law. Delay by Mortgagee in exercising
its rights upon default will not be construed as a waiver thereof and any act of Mortgagee waiving any
specific default will not be construed as a waiver of any future default. If the proceeds under such sale
or foreclosure are insufficient to pay the total indebtedness secured hereby, Mortgagor(s) does hereby
agree to be personally bound to pay the unpaid balance, and Mortgagee will be entitled to a deficiency
judgment.
8. Upon default, Mortgagee will at once become entitled to exclusive possession, use, and enjoyment
of the property and to all rents, issues, crops, profits, and income thereof, from the time of such default
and during the pendency of foreclosure proceedings and the period of redemption, the delivery of which
may be enforced by Mortgagee by any appropriate suit, action, or proceeding. Mortgagee will be
entitled to a Receiver for the property and all rents, issues, crops, profits, and income thereof, without
regard to the value of the property, or the sufficiency thereof to discharge the mortgage debt and the
foreclosure costs, fees, and expenses. Such Receiver may be appointed by any court of competent
jurisdiction upon ex parte application, notice being hereby expressly waived. The Receiver will apply all
rents, issues, crops, profits, and income of the property to keep the same in good repair and condition,
pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to keep the
property insured, pay the expense of the receivership and attorney fees incurred by the Receiver, and
apply the net proceeds to the payment of the indebtedness secured hereby. Such Receiver will have
all the other usual powers of receivers authorized by law and as the court may direct.
9. The integrity and responsibility of the Mortgagor(s) constitutes a part of the consideration for the
obligations secured hereby. Should Mortgagor(s) sell, transfer, or convey the property described herein
without prior written consent of Mortgagee, Mortgagee, at its option, may declare the entire
indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any
other default.
App #: 391484; CIF #: 183690; Note #: 101
FORM 5014, Real Estate Mortgage
40HA
Legal Doc. Date: Apri/13, 2009
Page 2
l'
'·0'" 464
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10. Assignment of Rents including Proceeds of Mineral Leases. Mortgagor(s) hereby assigns,
transfers, and conveys to Mortgagee all rents, royalties, bonuses, and delay moneys or other proceeds
that may from time to time become due and payable under any real estate lease or under any oil, gas,
gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may
hereafter come into existence, covering the property or any part thereof. All such sums so received by
Mortgagee will be applied to the indebtedness secured hereby; or Mortgagee, at its option, may turn
over and deliver to Mortgagor(s) or their successors in interest, any or all of such sums without
prejudice to any of Mortgagee's rights to take and retain future sums, and without prejudice to any of its
other rights under this mortgage. This assignment will be construed to be a provision for the payment
or reduction of the mortgage debt, subject to the Mortgagee's option as hereinbefore provided,
independent of the mortgage lien on the property. Upon payment in full of the mortgage debt and the
release of this mortgage of record, this assignment will become inoperative and of no further force and
effect.
11. This Mortgage constitutes a Security Agreement with respect to all the property described herein.
12. The covenants contained in this mortgage will be deemed to be severable; in the event that any
portion of this mortgage is determined to be void or unenforceable, that determination will not affect the
validity of the remaining portions of the mortgage.
Teichert Brothers LLC, A Limited Liability Company
BY~~~ By
at ew Jo n chert, Membe' .
LLC ACKNOWLEDGMENT - MEMBER(S)
STATE OF Wyoming
COUNTY OF Lincoln
)
)ss
)
On this _ day of April, 2009 before me, a Notary Public, personally appeared
Matthew John Teichert
to me known to be the person(s) named in and who executed the foregoing instrument, who did say that
he/she/they is/are member(s) of Teichert Brothers LLC,
a limited liability company; that the instrument was signed on behalf of the limited liability company by
authority of its members and the member(s) acknowledged the execution of the instrument to be the
voluntary act and deed of the limited liability company by it and by him/her/them voluntarily executed.
(SEAL)
.....
BRAD W. WILLFORD - NOTARY PUBLIC
STATE OF
WYOMING
COUNTY OF
LINCOLN
My Commission Expires 10/15/2010
My commission expires Oct 15, 2010
Notary Public in and for said County and State
LLC ACKNOWLEDGMENT - MEMBER(S)
STATE OF Wyoming
COUNTY OF Lincoln
)
)ss
)
On this _ day of April, 2009
Timothy Monte Teichert
to me known to be the person(s) named in and who executed the foregoing instrument, who did say that
he/she/they is/are member(s) of Teichert Brothers LLC,
a limited liability company; that the instrument was signed on behalf of the limited liability company by
authority of its members and the member(s) acknowledged the execution of the instrument to be the
voluntary act and deed of the limited liability company by it and by him/her/them voluntarily executed.
C" .'. ',e, '"~ \MLI.F.~~.~.~ ....~.o. i...ARYP.UBLIC
(SEAL ,"'::I\';~ STATE OF
U,,_. "v WYOMING
. ~.... _";', . . . :In'!2010
. .' _".,....,. ,.....,.J..
My commission expires Oct 15, 2010
before me, a Notary Public, personally appeared
t'
Notary Public in and for said County and State
BRAD W. WILLFORD - NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
. Date: Apri/13, 2009
Page 3
App #: 391484; CIF #: 183690; Note #: 101
FORM 5014, Real Estate Mortgage
40HA
EXHIBIT "A"
(;Oû465
(WEST PARCEL)
A TRACT OF LAND LOCATED IN TRACTS 57, 66,67,68,69,70,71, AND 72, TOWNSHIP 24
NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO.4 OF SAID TRACT 70, THE ORIGINAL STONE MONUMENT,
AND RUNNING THENCE SOUTH 89°55'06" EAST, 466.71 FEET ALONG THE NORTH LINE
THEREOF TO THE CENTERLINE OF THE UTAH LINE - COKEVILLE COUNTY ROAD NO. 12-
207, AS SAID ROAD IS DESCRIBED IN THAT GRANT OF EASEMENT FILED IN BOOK 120PR
ON PAGE 509 OF THE LINCOLN COUNTY RECORDS;
THENCE NORTH 27°58'04" EAST, 258.62 FEET ALONG SAID CENTERLINE TO THE POINT
OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 13,749.95 FEET;
THENCE 927.93 FEET ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE
THROUGH A CENTRAL ANGLE OF 03°52'00", THE LONG CHORD OF WHICH BEARS
NORTH 29°54'04" EAST, 927.75 FEET TO A POINT TANGENT;
THENCE NORTH 31°50'04" EAST, 123.82 FEET ALONG SAID CENTERLINE TO THE POINT
OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 954.94 FEET;
THENCE 276.58 FEET ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE
THROUGH A CENTRAL ANGLE OF 16°35'40", THE LONG CHORD OF WHICH BEARS
NORTH 23°32'14" EAST, 275.61 FEET, TO A POINT LYING ON THE NORTH LINE OF SAID
TRACT 71;
THENCE SOUTH 89°47'40" EAST, 78.67 FEET ALONG SAID NORTH LINE OF TRACT 71 TO
CORNER NO.3 OF TRACT 83, A 2-%" ALUMINUM PIPE WITH A 3-}'4" ALUMINUM CAP
INSCRIBED "LS 2500" AND APPROPRIATE DETAILS;
THENCE CONTINUING ALONG SAID NORTH LINE OF TRACT 71, SOUTH 89°50'53" EAST,
1323.01 FEET TO CORNER NO.1 THEREOF (ALSO CORNER NO.4 OF SAID TRACT 68) A 2-
W' ALUMINUM PIPE WITH A 3-}'4" ALUMINUM CAP INSCRIBED "LS 2500" AND
APPROPRIATE DETAILS;
THENCE NORTH 89°19'02" EAST, 1096.19 FEET ALONG THE NORTH LINE OF SAID TRACT
68 TO THEWESTERL Y RIGHT-OF-WAY LINE OF THE OREGON SHORT LINE RAILROAD AS
SAID RIGHT-OF-WAY WAS ESTABLISHED FROM RAILROAD ALIGNMENT PLANS AT 100'
WESTERLY OF THE CENTERLINE OF THE MAIN TRACK;
THENCE SOUTH 18°36'49" EAST, 2897.34 FEET, MORE OR LESS, ALONG SAID RIGHT-OF-
WAY LINE TO THE NORTH LINE OF TRACT 67;
THENCE NORTH 88°20'03" EAST, 44.16 FEET ALONG SAID RIGHT-OF-WAY LINE AND THE
NORTH LINE OF SAID TRACT 67 TO AN EXISTING FENCE LINE;
THENCE SOUTH 18°37'42" EAST, 2076.95 FEET ALONG SAID RIGHT-OF-WAY LINE AS
EVIDENCED BY THE EXISTING FENCE LINE;
THENCE SOUTH 72°43'16" WEST, 38.81 FEET ALONG SAID EXISTING FENCE AND RIGHT-
OF-WAY LINE;
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EXHIBIT "A" (continued)
(;,00466
THENCE SOUTH 18°33'49" EAST, 3384.79 FEET ALONG SAID EXISTING FENCE LINE AND
RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF TRACT 66, SAID POINT LYING
SOUTH 88°51'36" WEST, 192.88 FEET FROM CORNER NO.6 OF SAID TRACT 66;
THENCE SOUTH 88°51'36" WEST, 1102.66 FEET ALONG THE SOUTH LINE OF SAID TRACT
66 TO THE SOUTHWEST CORNER THEREOF (CORNER NO.7 OF TRACT 66), A 3/4" STEEL
BAR WITH A 3-Y4" ALUMINUM CAP INSCRIBED "STANTON G. TAGGART PLS 6386" AND
APPROPRATE DETAILS; SAID CORNER LYING ON THE EAST LINE OF SAID TRACT 57;
THENCE NORTH 00°05'17" EAST, 1312.72 FEET ALONG THE EAST LINE OF SAID TRACT 57
TO A 5/8" STEEL BAR WITH A 1-%" ALUMINUM CAP INSCRIBED "STAN TAGGART PLS
6386";
THENCE, LEAVING SAID EAST LINE OF TRACT 57, SOUTH 89°32'51" WEST, 1318.87 FEET
TO CORNER NO.4 OF SAID TRACT 57, A 3/4" STEEL BAR WITH A 3-W ALUMINUM CAP
INSCRIBED "STANTON G. TAGGART PLS 6386" AND APPROPRIATE DETAILS;
THENCE CONTINUING SOUTH 89°32'51" WEST, 1319.65 FEET ALONG THE SOUTH LINE
OF SAID TRACT 57 TO CORNER NO.5 OF SAID TRACT 57 ( ALSO CORNER NO.4 OF
TRACT 69), THE ORIGINAL STONE MONUMENT;
THENCE NORTH a9°54'40" WEST, 949.59 FEET ALONG THE SOUTH LINE OF SAID TRACT
69 TO THE POINT OF INTERSECTION WITH THE EAST LINE OF SECTION 18, SAID POINT
MARKED WITH THE ORIGINAL STONE MONUMENT;
THENCE, CONTINUING ALONG THE SOUTH LINE OF SAID TRACT 69, NORTH 89049'17"
WEST, 376.56 FEET TO CORNER NO.5 THEREOF, THE ORIGINAL STONE MONUMENT;
THENCE NORTH 00°04'44" EAST 181.15 FEET ALONG THE WEST LINE OF SAID TRACT 69
TO THE SOUTHEAST CORNER OF THE TAYLOR SUBDIVISION, AS SAID SUBDIVISION IS
PLATTED AND OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY CLERK;
THENCE NORTH 00°05'21" EAST, 1105.45 FEET ALONG THE WEST LINE OF SAID TRACT
69 AND THE EAST LINE OF SAID SUBDIVISION TO CORNER NO.6 OF SAID TRACT 69 AND
THE NORTHEAST CORNER OF SAID SUBDIVISION, A STEEL PIPE WITH A BRASS CAP
INSCRIBED "PAUL N. SCHERBEL LS 164" AND APPROPRIATE DETAILS;
THENCE NORTH 89°52'10" WEST, 254.46 FEET ALONG THE NORTH LINE OF SAID
SUBDIVISION TO THE CENTERLINE OF SAID COUNTY ROAD NO. 12-207 AND THE
SOUTHEAST CORNER OF THE LAVOY TAYLOR TRACT AS DESCRIBED IN BOOK 207PR
ON PAGE 489 OF SAID RECORDS;
THENCE NORTH 00°55'54" EAST, 450.39 FEET ALONG SAID CENTERLINE AND THE EAST
LINE OF SAID LAVOY TAYLOR TRACT TO THE NORTHEAST CORNER THEREOF:
THENCE NORTH 89°52'34" WEST, 100.01 FEET ALONG THE NORTH LINE OF SAID LAVOY
TAYLOR TRACT TO THE SOUTHEAST CORNER OF THE JRT SUBDIVISION, AS SAID
SUBDIVISION IS PLATTED AND OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY
CLERK, SAID CORNER BEING MARKED BY A STEEL BAR WITH A 2: ALUMINUM CAP
INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 1642002";
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EXHIBIT "A" (continued)
THENCE NORTH 00°55'54" EAST, 285.21 FEET ALONG THE EAST LINE OF SAID JRT
SUBDIVISION TO THE NORTHEAST CORNER THEREOF, A STEEL BAR WITH A 2"
ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 1642002";
THENCE NORTH 89°52'30" WEST, 295.19 FEET ALONG THE NORTH LINE OF SAID JRT
SUBDIVISION TO THE NORTHWEST CORNER THEREOF, A STEEL BAR WITH A 2"
ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 1642002";
THENCE SOUTH 00°53'58" WEST, 295.21 FEET ALONG THE WEST LINE OF SAID JRT
SUBDIVISION TO THE SOUTHWEST CORNER THEREOF AND THE NORTH LINE OF SAID
LAVOY TAYLOR TRACT, A STEEL BAR WITH A 2" ALUMINUM CAP INSCRIBED "SURVEYOR
SCHERBEL BIG PINEY WY PLS 1642002";
THENCE NORTH 89°52'35" WEST, 675.73 FEET ALONG THE NORTH LINE OF SAID LAVOY
TAYLOR TRACT TO THE WEST LINE OF SAID TRACT 69;
THENCE NORTH 00°03'57" EAST, 1080.54 FEET ALONG THE WEST LINE OF SAID TRACT
69 TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, SAID
POINT BEING MARKED BY A STEEL PIPE WITH A BRASS CAP INSCRIBED "PAUL N.
SCHERBEL LS 164" AND APPROPRIATE DETAILS;
THENCE, CONTINUING ALONG THE WEST LINE OF SAID TRACT 69, NORTH 00°03'29"
EAST, 1042.93 FEET TO THE NORTHWEST CORNER THEREOF (CORNER NO.8 TRACT 69
AND CORNER NO.3 OF TRACT 70);
THENCE NORTH 00°44'01" WEST, 1397.94 FEET ALONG THE WEST LINE OF SAID TRACT
70 TO THE POINT OF BEGINNING.
LESS AND EXCEPT ANY LANDS LYING EAST OF HIGHWAY 12-207.
ALSO LESS AND EXCEPT LOT (2) TWO OF THE CLAYTON SUBDIVISION RECORDED
DECEMBER 10,2008 AT DOCUMENT NUMBER 944089, IN THE OFFICE OF THE CLERK,
LINCOLN COUNTY, WYOMING.
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