HomeMy WebLinkAbout948525RECEIVE! 2009 at 12:11 PM
RECEIVING # 948525
BOOK: 728 PAGE: 289
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
RJ060109/F
0400289
THIS MORTGAGE is given this day of 1v rye , 2009, by the
TOWN OF STAR VALLLEY RANCH, a duly organized municipality existing under the
laws of the STATE OF WYOMING, hereinafter designated as MORTGAGOR, to the
STATE OF WYOMING, WYOMING WATER DEVELOPMENT COMMISSION, 6920
Yellowtail Road, Cheyenne, Wyoming, 82002 hereinafter designated as MORTGAGEE,
to secure payment of the sum of NINE HUNDRED FIFTEEN THOUSAND ONE
HUNDRED TWENTY-SEVEN DOLLARS ($915,127.00), together with interest thereon
at the rate of four percent (4%) per annum on the unpaid balance according to the
terms of that certain promissory note bearing even date herewith, given by said
MORTGAGOR to said MORTGAGEE, which note MORTGAGOR agrees to pay and
which is hereby incorporated herein by reference and made a part hereof;
WITNESSETH: That said MORTGAGOR for and in consideration of the sum
aforesaid, the receipt whereof is hereby acknowledged and confessed, does hereby
mortgage, warrant, grant, pledge, assign, and convey unto the said MORTGAGEE, its
successors and assigns, its interest and enforceable rights presently held or hereafter
acquired in the following described property, real, personal and mixed, to wit:
1. Storage tank, well connection, pipelines and other construction
financed with Project funds as described in the Project Agreement dated
_Tt j1/ 8 Zzxjq , which Agreement is hereby incorporated herein by
referen e arid made a part hereof. Further all lands, easements, access roads,
structures, rights-of-way and all appurtenances of the municipal and rural
domestic water system, including all after-acquired property, to allow control and
operation thereof. The storage tank to be constructed under the referenced
Agreement is located in the NW '/4 of NE % of Section 30 of Township 35 North,
Range 118 West of the 6th Prime Meridian, Lincoln County, Wyoming. The well
and connection to be constructed under the referenced Agreement is located in
the SE '/4 of NE % Section 6 of Township 34 North, Range 118 West of the 6th
Prime Meridian, Lincoln County, Wyoming;
2. The interest MORTGAGOR currently has or hereafter acquires in
the water rights recorded in the office of the Wyoming State Engineer as follows:
Permit Number
U.W. 13319
U.W. 82826 (enlargement)
U.W. 82827 (enlargement)
U.W. 112130 (enlargement)
U.W. 90328
U.W. 112131 (enlargement)
Priority Date
April 16, 1971
July 29, 1985
July 16, 1987
September 30, 1998
November 30, 1992
September 30, 1998 and;
3. The pledge and assignment of the [MORTGAGOR of funds
currently held and revenues generated by the operation of the water system, in
an amount sufficient to meet loan amortization requirements, and to provide a
separate fund to meet repair and maintenance costs for the Project. The
MORTGAGOR'S Pledge and Assignment of Revenues is incorporated herein by
reference.
4. Any and all permits required for construction of this Project and
subsequent operation and maintenance of the municipal and rural domestic
water system.
The conditions of this mortgage are such that if the MORTGAGOR well and truly
pays the Promissory Note hereinabove referenced, according to the terms thereof, this
mortgage shall be null and void, otherwise to remain in full force and effect.
STAR VALLEY RANCH WTR. SUPPLY MORTGAGE
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RJ060109/F
MORTGAGOR shall pay all taxes, liens, judgments, assessments or insurance
or any interest thereon, and in case default be made in payment of the principal, or any
installment thereof, or any installment of interest as provided in said Promissory Note,
then the whole sum of principal and interest shall become due and payable at the
option of MORTGAGEE, and MORTGAGEE may proceed pursuant to law, to foreclose
on said property, and out of the proceeds from such foreclosure, the MORTGAGEE
shall retain all sums due it under said Promissory Note, together with the costs and
charges of making such foreclosure, including a reasonable attorney's fee.
The provisions of this mortgage shall apply to and be binding upon the
representatives, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the MORTGAGOR by and through its duly authorized
representatives, has hereunto set their hands and seal on the day and year first above
written.
TOWN OF STAR VALLEY RANCH
Attest:
By:
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
Siddoway, Mayor
foregoing, instrument was acknowledged
2009.
Witness my hand and official seal.
My commission expires
ZY"-
(f /7 ~
before me by
this day of
14-1
1 L
Notary Public
0" 04,
BRENDA L. BAUER - NOTARY PUBLIC
County of State of
Lincoln Wyoming
My commission Expires December 14, 2011
STAR VALLEY RANCH WTR. SUPPLY MORTGAGE
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