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MORTGAGE DEED ,CCA41
EXECUTED this 1 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
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"MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs
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legal representatives, and assigns of individuals, and the successors and assigns of corporation;
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and the term "NOTE" includes all the notes herein described if more than one.)
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WITNESSETH:
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THAT FOR GOOD and valuable considerations, and also in consideration of the
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aggregate sum named in the Promissory Note of even date herewith, hereinafter described
the
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MORTGAGOR hereby grants, bargains, sells, conveys, and confirms unto the MORTGAGEE
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all the certain land of which the MORTGAGOR is now seized, situated in Lincoln County and
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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 ($175,9302-0) DOLLARS and NO/100, 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 # 9478 3 _.r Gomm/Vinson
BOOK: 726 GE: 141 Pagel of3
EANNE WAGNER
OLN COUNTY CLERK, KEMMERER, WY
CU06266 :X142
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.
AIY,1111012 2 1
11 If 91n:1-2
MICHAEL ALLEN VINSON
TENA DARLENE GOMM VINSON
MORTGAGE DEED
GommNinson
Page 2 of 3
STATE OF WYOMING
) SS.
COUNTY OF LINCOLN
,"001.43
ACKNOWLEDGED before me, a Notary Public in and for the State and County above-
mentioned on this 194' day of June, 2009, by Michael Allen Vinson and Tena Darlene Gomm
Vinson.
WITNESS my hand and official seal.
ON NIMMO WINES Notary Public
eounty of State of NOTARY PUBLIC
Uncol Wyoming
w Commission Expires My Commission Expires:
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
000268
MICHAEL A. VINSON AND TENA G. VINSON
VINSON HOUSE TRACT x.,:)144
To-wit: - -
That part of GLO Lot 4 and GLO Lot 5 of Section 17, T3 ON 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 S89°-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 Rl 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 SO V-21'-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 NOOe-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 RI 18W LINCOLN COUNTY, WYOMING", dated
11 June 2009, as revised. .
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16 June 2009 - Revised
12 June 2009
Fir,
"Modification in any way of the foregoing description terminates liability of the surveyor"
Ind
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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"3"E
59.97'
29.99'
C41
- 557.03'
17'15'11"
1849.86'
S32'36'54"E
554.93'
280.64'
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TRACT Ar raltr7r•/aie
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S89,72 40 _W I SW272L77-
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isnv 9 $125.00' I I lt-air, ~ d aI/4'
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Tirm- SOOZ~2- ..-oo -
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Sar aceai 120
utNf fisat shared
cats a Cantu
Annette,(( Comm
298 PR 280
Indicates Caner Record filed or to be filed In the Office of the perk `-'csf'Ae
of Uncoln County.
se. ar. tastxe7 ear
0 indicates a 8' x Be ccracrote ost with brass cap inscribed; "STATE
HIGHWAY DEPT. R.O.W. MARKER', with appropriate details, found
or of record. aped stake, Od
SURVEY lotes POINT steel NOT DISTURB e'RLS 1IM, with a metal cap inscribed,
S//8~ q rod EXHIBIT TO ACCOMPANY
Insscr bed, SURVEYOR ~iER®EL,InLTD A rg WY with PLS2118 O~,mum cap
DESCRIPTION FOR
with appropriate details, found or of record. fICHAEL A. VINSON AND
X Indicates a calculated positionn, no monuments not. T VA C. VINSON
- - Indicates a right-of-way Ilnq VINSON HOUSE TRACT
- - - Indicates an easement line. XITHIN
Indicates a deed line of reco d. CLO LOT 4
X Indicates an existing fence titre. CLO LOT 5 SECTION 17
•w-vfr> -Mas'(ea►,. &)wW Indicates the chard of a line! offset to a centerline spiral curve.
The Banl~ Baring Rfor wisbsui 9 y Is the Wit line of GLO Lot 3 of T30N R118#r
Section T3ON N LINCOLN COUNTY, TYYOMING
SCAL E.' 1 200 '
REM-W..• 16 Mine 2009 Copyright Q 2009 by Surveyor Scherbel LTD. All rights reserved.
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PROMISSORY NOTE MA38
$175,930- June /1 , 2009
Afton, Wyoming
THE UNDERSIGNED, jointly and serverably, if more than one, promise to
pay Thiel Gomm and Lola Gomm, Husband and Wife, of Afton, WY 83110, the
principal sum of ONE HUNDRED SEVENTY-FIVE THOUSAND NINE
HUDNRED THIRTY ($175,930) DOLLARS and NO/100 and interest of FIVE
(5%) PERCENT from the 1" day of June, 2009. The principal and interest shall be
payable to note at such place as the holder may designate, in the following manner:
1. Interest shall commence on the 1St day of June, 2009, at FIVE (5%)
PERCENT per-annum. Payments are to be paid monthly over 15 years in
the amount of ONE THOUSAND THREE HUDNRED NINETY-ONE
($1,39124) DOLLARS and 24/100; the first payment due on July 1, 2009,
and made on the 1St of each month thereafter.
2. There shall be a five (5) day grace period for late interest payments.
Thereafter there shall be a late fee of TWENTY-FIVE ($25.. )DOLLARS
and NO/100 assessed for every five days the payment is late after the five
day grace period.
3. ONE HUNDRED SEVENTY-FIVE THOUSAND NINE HUNDRED
THRITY ($175,9300-0) DOLLARS and N01100 shall be due and payable
on or before June 1, 2024, paying the note in full at that time, to include
any unpaid late fees and/or interest.
4. Payments shall be made payable to Thiel Gomm and Lola Gomm at a
place that the holder may designate. If both Payees are deceased before
this note is paid in full, one-half of the unpaid balance shall be forgiven.
The other half of the unpaid balance is to be paid to Tena Gomm Vinson
and her siblings in equal shares. Her siblings are David Thiel Gomm,
Viann Jones, Lynette Gentile, Milinda Gomm, Tyler James Gomm, Tom
Charles Gomm, Troy Allen Gomm and Trisha Riddoch, or the deceased
siblings' children.
5. Any payments shall be applied first toward interest, late fees, and then to
principal.
6. This note shall be due immediately if the security is transferred, conveyed
or sold. Said note is non-transferable or assignable.
Purchaser may prepay this note without penalty at any time. Prepayment of
principal shall reduce the monthly interest payment to actual interest owed monthly.
IN THE EVENT OF DEFAULT in the payment of any installment of
principal or interest, and if such default is not made good within one hundred twenty
(120) days after notice the same becomes due and payable, the entire principal sum
and accrued interest shall, at the option of the holder, become immediately due and
payable, without further notice. Failure to exercise this option shall not constitute a
waiver of the right to exercise the same in the event of any subsequent default. In the
event of default, the undersigned, jointly and severally if more than one, agree.to pay
PROMISSORY NOTE
I~ Gomm/Vinson
0. we-0 `to Pagelof3
002'71
lG JL39
all costs of collection, including a reasonable attorney fee to the holder's attorney,
whether suit be brought or not.
PRESENTMENT, protest, notice or protest, and notice of dishonor are
hereby waived.
SECURITY, this note is secured by mortgage on the following described
property. See Mortgage Deed of even date.
DATED this 163 day of June, 2009.
S MI'28 - l 1-1.2,d t//'V At .4.61 6&
MICHAEL ALLEN VINSON
S T,v,~ ~r Ga~.H N
TENA DARLENE GOMM VINSON
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
On this ./jA day of June, 2009, before me a Notary Public for the State of
Wyoming, the foregoing Promissory Note was acknowledged by Michael Allen
Vinson and Tena Darlene Gomm Vinson
WITNESS my hand and official seal.
-'a "Cr 'tt 4 4,6'Ve-
Notary Public
My Commission Expires:
ACKNOWLEDGMENT OF FORGIVENESS OF DEBT
We, Thiel Gomm and Lola Gomm, acknowledge the forgiveness of debt as stated
in Section 4 of this Promissory Note, if both of us should predecease the full payment
of this Promissory Note.
DATED this 44 day of June, 2009
5 S T i c troir
L THIEL GOMM
S,LS L.p~,¢ LTOsytaf
LOLA GOMM
PROMISSORY NOTE
GonunNinson
Page 2 of 3
f ®V" 2"72
000*140
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
On this 10 day of June, 2009, before me a Notary Public for the State of
Wyoming, the foregoing Acknowledgment of Forgiveness of Debt was acknowledged
by Thiel Gomm and Lola Gomm.
WITNESS my hand and official seal.
T K. e [lG'
Notary Public
My Commission Expires:
PROMISSORY NOTE
GommNinson
Page 3 of 3