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HomeMy WebLinkAbout947943MORTGAGE DEED w: oCd4l EXECUTED this „u day of June, 2009, by Michael Allen Vinson and Tena Darlene Gomm Vinson, Husband and Wife, of Afton, Wyoming 83110, hereinafter called the MORTGAGOR, to Thiel Gomm and Lola Gomm, Husband and Wife of Afton, Wyoming 83110, hereinafter called the MORTGAGEE: (Whenever used herein, the term "MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation; and the term "NOTE" includes all the notes herein described if more than one.) WITNESSETH: THAT FOR GOOD and valuable considerations, and also in consideration of the aggregate sum named in the Promissory Note of even date herewith, hereinafter described, the MORTGAGOR hereby grants, bargains, sells, conveys, and confirms unto the MORTGAGEE, all the certain land of which the MORTGAGOR is now seized, situated in Lincoln County and State of Wyoming, more particularly described as follows, to-wit: See Exhbit "A" TO HAVE AND TO HOLD the same together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the MORTGAGEE in fee simple. And, the MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR is indefeasibly seized of said land in fee simple; that the MORTGAGOR has good right and lawful authority to convey said land as aforesaid; that the MORTGAGOR will make such further assurances to perfect the fee simple title to said land and the MORTGAGEE as may reasonably be required; that the MORTGAGOR hereby warrants the title to said land and will defend the same against the lawful claims for all persons whosoever; and that the said land is free and clear of all encumbrances, except as to the obligations of these Parties. PROVIDED, ALWAYS, that if said MORTGAGOR shall pay unto said MORTGAGEE, the certain Promissory Note in the amount of ONE HUNDRED SEVENTY- FIVE THOUSAND NINE HUNDRED THIRTY ($175,930°°-°) DOLLARS and N011 00, attached hereto as Schedule "A", and shall perform, comply with, and abide by each and every of the agreements, stipulations, conditions, and covenants thereof, and of this Mortgage, then this Mortgage and the estate hereby created shall cease, determine and be null and void. AND THE MORTGAGOR hereby further covenants and agrees to pay promptly, when due, the principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit, or suffer no waste, impairment, or deterioration of said and or the improvements thereon at any time; to pay all costs, charges and expenses including reasonable attorney's fees and title searches, reasonably incurred or paid by the MORTGAGEE because of the failure of the MORTGAGOR to promptly and fully comply with, and abide by each and every agreements, stipulations, conditions, and covenants set forth in said Note and this Mortgage, or either. RECEIVED 6/24/2009 at 10:10 AM MORTGAGE DEED RECEIVING # 947943 Gomm/Vinson BOOK: 726 PAGE: 141 Page 1 of3 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY In the event the MORTGAGOR fails to pay, when due, and tax assessment, or insurance premium, or other sum of money payable by virtue of said Note and this Mortgage, or either, the MORTGAGEE may pay the same without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate allowed by law. IF ANY SUM of money herein referred to be not promptly paid within one hundred twenty (120) days next after the same becomes due, or if each and every of the agreements, stipulations, conditions, and covenants of said Note and this Mortgage, or either, are not fully performed, complied with, and abided by, then the entire sum mentioned in said Note and this mortgage, or either, balance unpaid thereon, shall forthwith and thereafter, at the option of the MORTGAGEE, become and be due and payable, anything in said Note or herewith to the contrary notwithstanding. MORTGAGOR hereby grants to MORTGAGEE, their heirs, and assigns, a Power of Sale over the property described above which may be exercised by MORTGAGEE or their heirs and assigns in case of such default as described above, and pursuant to such Power of Sale, MORTGAGEE, their heirs and assigns may foreclose on said property and sell and dispose of or cause to be sold or disposed of, the above property and all rights, title, benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns, therein, at public auction, for cash according to Title 34, Chapter 4, Wyoming Statutes as the same presently exists or may hereafter be amended. Failure by the MORTGAGEE to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the Mortgage accrued or thereafter accruing. AND THE MORTGAGOR shall not destroy, damage, or substantially change the property or allow the property to deteriorate or commit waste. AND THE MORTGAGOR shall protect the MORTGAGEE'S rights and security in the property. MORTGAGOR shall insure, with extended coverage, the property and improvements against loss, naming the MORTGAGEE as beneficial interest holders, if and when improvements are located on the premises. IN WITNESS WHEREOF, the MORTGAGOR have set their hands and seals the day and year first above written, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. DATED this day of June, 2009. A j j1*4 MICHAEL ALLEN VINSON TENA DARLENE GOMM VINSON MORTGAGE DEED GommNinson Page 2 of 3 STATE OF WYOMING ) SS. 000.43 COUNTY OF LINCOLN ACKNOWLEDGED before me, a Notary Public in and for the State and County above- mentioned on this 19k day of June, 2009, by Michael Allen Vinson and Tena Darlene Gomm Vinson. WITNESS my hand and official seal. N NIMMO WINES Notary Public eounty of state of Lincoln Wyoming My commission Exptres n NOTARY PUBLIC My Commission Expires:~l/-' MORTGAGE DEED GommNinson Page 3 of 3 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR MICHAEL A. VINSON AND TENA G. VINSON VINSON HOUSE TRACT " CHIC X44 To-wit: - - That part of GLO Lot 4 and GLO Lot 5 of Section 17, T30N R118W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 624 of Photostatic Records on page 27, described as follows: BEGINNING at a position N73°-14'-28"E, 274.95 feet, from the southwest corner of said GLO Lot 4; thence NO0°-27'-20"W, 295.16 feet, to a position; thence N89°-32'-40"E, 295.16 feet, to a position; thence S00°-27'-20"E, 295.16 feet, to a position; thence S89e-32'-40"W, 295.16 feet, to the POSITION OF BEGINNING; ENCOMPASSING an area of 2.00 acres, more or less; the BASE BEARING for this survey is the west line of GLO Lot 3 of Section 17, T30N R1 18W, being NO0°-00'-09"W; TOGETHER WITH a right of ingress, egress and utilities over, under and across a strip of land twenty (20) feet in width, with the southerly and westerly line described as follows: COMMENCING at the northeast corner of said GLO Lot 5; thence SO1°-2P-37"W, 48.02 feet, along the east line of said GLO Lot 5, to a position; thence S89°-32'-40"W, 85.42 feet, to the POINT OF BEGINNING on the westerly right-of-way line of U.S. Highway 89; thence S89°-32'-40"W, 689.33 feet, to ,a position; thence NO0°-27'-20"W, 125.00 feet, to a position on the south line of the above described tract; the northerly and easterly right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of twenty (20) feet to meet the westerly right-of-way line of said U.S. Highway 89 and the southerly boundary line of the above described tract; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WYOMING PLS 11810", with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR MICHAEL A. VINSON AND TENA G. VINSON VINSON HOUSE TRACT WITHIN GLO LOT 4 GLO LOT 5 SECTION 17 T30N R1 18W LINCOLN COUNTY, WYOMING", dated 11 June 2009, as revised. - gir 16 June 2009 - Revised 12 June 2009 SC, l~ I'1810 C(~O W YO ~.jl '1 5a qE! my 5 . 4 `1Q, "Modification in any way of the foregoing description terminates liability of the surveyor" r CMVETARM OWN" 7V irr Fl.. and CURVE LENGTH DELTA RADIUS CHORD BEARING CHORD TANGENT C1 1238.46' 24'08'15" 2939.78' S37'46'03"E 1229.32' 628.55' C2 617.00' 19'06'38" 1849.86' N33'32'38" W 614.15' 311.39' C3 59.97' 1'51'27" 1849.86' S42'1 0"1 59.97' 29.99' C41 - 557.03' 17'15'11" 1849.86' S32'36'54"E 554.93' 280.64' I 46 91a Pr 907+90M 7d RT I ` ~73- 1 474. TA ,ow+W Rr 7s• \ d, sxv a ,a wrrrt PR 9 (~sld aiadJ , ~t Na 1002+00 As 111' 7Y~` \1002100 A@ m W :arm ecasr. ~ 11. 3t oWAS ,~~k 821 r t 2 0!e, ec tow#4 .Oe w Rr ' 'r7f n>< ~yd! east 1. VINSON HOUSE 11~ 2.0-Mcres POINT OF BEGINNING VINSON HOUSE TRACT PIN50N TRACT 024 PR 27 27516' 20.290' M71t N00'27'20"W-J 1..'10500' 5125.O~T ins.n' 0001,45 C 7 P,OOel so\ POINT OF OF BEGINNING vlMch Mt QT.!{~x+A4 Cr' ca ,m,1eg e7 a eT \ J"-14 Mip, .Ar77enC! 1A4r3' ,miFeo',po ert er Oa 1msleo +oo es' Rr al/4' \ Tenty 12e roet snored ~ ,teen and utilty eoswmnt Lys B. Comm Annette Q'I Comm 4 A 298 PR 2M A Lamm Indicates a Corner Record filed or to be filed In the Offfos of the perk ~ El of Lincoln County. SIL aT. 10'"Mw err 0 Indicates a 8' x 8' concrete boat with brass cap Inscribed: 'STATE HIGHWAY DEPT. R.O.W. MARKER', with appropriate details, found or of record. 0 jpdicates a steel T-shaped stake, 24' lord, with a metal cup Inscribed, SURVEY POINT DO NOT DISTURB RLS 184 , found. Q Indicates 5 x 24' steel reinforcingQ~rod with a 2' olurjrinum cap Msaibed, RVEYOR SCHERBEL, LTD AFTON WY PLS 11810, with appropriate details, found or of record. X indicates a calculated position, no monuments set. - - Indicates a right-of-way line. - - - indicates an easement line. Indicates a deed line of record. Indicates an existing fence line, sm +Y7a ~ ( J indicates the chord of a line offset to a centerilne spiral curve, The Base Bearing for this survey is the rZest line of GLO Lot 3 of Section 17, T30N R118W, being NO0*00'09 W. EXHIBIT TO ACCOMPANY .DESCRIPTION FOR .MICHAEL A. VINSON AND TEYVA C. VINSON VINSON HOUSE TRACT WITHIN CLO LOT 4 CLO LOT 5 SECTION >7 T30N R»8TY LINCOLN COUNTY, xroffINC SCALE.' 1 " = 200 ' REYISEO.• 16 .fine 2009 Copyright Q 2009 by Surveyor Scherbel LTD. All rights reserved. 10141 11 "w 009 CZV BY C& F1 Slw VEYOR ~'"u R )4 CALCULA7F0 BY ~ FLT L TIC. CA7F"GGWY/1eORT.• ,EEO Boas-• ~~IR~~f.X'~7Y~L LiNfJ ~~%Plt7gP.S' COMPUTER f7LE ~ns»nMe7r eTrocf. BOX 96 B/C P/NEY-MARBLElA1; lYY 1FZ27d-47, BOX 72507M, N'Y If1. BBS-93/9, BOX .1 " ALP/NC !YY TEL. f5f 9,119,• -MOV5M #Y ;ZZ.7M 59GLt• A/GWMA71AW m 11 av-.