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HomeMy WebLinkAbout949400RECEIVE- "2009 at 11:28 AM RECEIVING-'# 949400 ~:,,,,«609/F BOOK: 731 PAGE: 683 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE THIS MORTGAGE is given this day of FLU , 2009, by the TOWN OF ALPINE, 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 NINETEEN THOUSAND EIGHT HUNDRED FIVE DOLLARS ($19,805.00), 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. Alpine Well No. 3 and other construction financed with Project funds as described in the Project Agreement dated 0 el. ~ -200 -1, which Agreement is hereby incorporated herein by reference and made a part hereof. Further all lands, easements, access roads, structures, rights-of-way and all appurtenances of the Town of Alpine (/0/'(- 1 system, including all after-acquired property, to allow control and opera ion thereof. The well asconstructed under the referenced Agreement is located in the NW Y4 of NW '/4 Section 33of Township 37 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. 3655 U.W. 3657 U.W. 3656 (Enl) U.W. 3658 (Enl) U.W. 184354 Priority Date 07%20/1977 06/23/1988 12/27/1985 03/27/1995 07/24/2006 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 Town of Alpine watersystem. 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. 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. ALPINE WTR. SUPPLY MORTGAGE Page 1 RJ022609/F IN WITNESS WHEREOF, the MORTGAGOR by anq through its duly authorized representatives, has hereunto set their hands and seal on the day and year first above written. TOWN OF ALPINE Attest: r, Town Clerk STATE OF WYOMING ) ss. COUNTY OF LINCOLN ) By: Victoria DeCora, Mayor The foregoing Instr ment was U"G Witness my hand and official seal. --"GAL iii`;.RY PUBLIC BRF.ND 1 r I a State Of Ccun9±r o', W a ing Campbe?I My commission expires acknowledged before me by this Z3 day of Notary ublic ALPINE WTR. SUPPLY MORTGAGE