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HomeMy WebLinkAbout9527426011018837 Alliance Title Escrow, PO. Box 1367 Kemmerer WY 83101 RETURN TO Farm Credit Services of America, PO Box 878 Bickling, Cheryl L 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: March 31, 2010 Mortgagor(s): Scott Jay Nieslanik and Diane M Nieslanik, husband and wife Mortgagor(s): Scott Jay Nieslanik as Custodian for Hannah Grace Nieslanik under the Colorado Uniform Act. Transfers to Minors Mortgagor(s): Scott Jay Nieslanik to Minors Act. Mortgagor(s): Scott Jay Nieslanik to Minors Act Mailing Address: 4837 Hwy 30 Cokeville, WY 83114 Do not write/type above this line. For filing purposes only. RECEIVED 3/31/2010 at 2:29 PM RECEIVING 952742 BOOK: 744 PAGE: 765 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY eO'i• 65 FORM 5014 (6 -2009) as Custodian for Jessica May Nieslanik under the Colorado Uniform Transfers as Custodian for Luke Sawyer Nieslanik under the Colorado Uniform Transfers 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, FLCA, 5015 S 118th Street, Omaha, NE 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), Wyoming, 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, water rights, 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 Agreements) Principal Amount 03/31 301,400.00 App 472644; CIF 75278; Note 201 041CB Legal Doc. Date: March 31, 2010 FORM 5014, Real Estate Mortgage Page 1 1 Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of THREE HUNDRED ONE THOUSAND FOUR HUNDRED ($301,400.00), 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 April 1, 2030. 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 the note(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, App 472644; CIF 75278; Note 201 041CB Legal Doc. Date: March 31, 2010 FORM 5014, Real Estate Mortgage Page 2 O)767 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. 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. Scott Jay Nies BYE mot Scott Jay Nicslan (SEAL) By Scott Jay Niesld"ni STATE OF WYOMING COUNTY OF L t J t BRAD W. WILLFORD NOTARY PUBLIC COUNTY OF LINCOLN 1 (1 y STATE OF WYOMING My Commission Expires 10/15/2010 My commission expires Oct. 15, 2010 )ss ''''Scott Jay Nieslan Diane M Nieslanik Scott Jay Nieslanik, as Custodian for Hannah Grace Nieslanik under the Colorado Uniform Transfers to Minors Act Scott Jay Nieslanik, as Custodian for Jessica May Nieslanik under the Colorado Uniform Transfers to Minors Act Scott Jay Nieslanik, as Custodian for Luke Sawyer Nieslanik under the Colorado Uniform Transfers to Minors Act INDIVIDUAL BORROWER ACKNOWLEDGMENT On this 31st day of March, 2010 before me, a Notary Public, personally appeared Scott Jay Nieslanik and Diane M Nieslanik to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. L� 1 Z4 L Brad W Willford (Type name under signature) Notary Public in and for said County and State App 472644; CIF 75278; Note 201 041 CB Legal Doc. Date: March 31, 2010 FORM 5014, Real Estate Mortgage Page 3 STATE OF WYOMING COUNTY OF LINCOLN (SEAL) (SEAL) (SEAL) ss On this 31st day of March, 2010, before me, a Notary Public, personally appeared Scott Jay Nieslanik as Custodian for Hannah Grace Nieslanik under the Colorado Uniform Transfers to Minors Act 'o me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed as such Custodian for the purposes therein mentioned. 61/ Brad W Willford Notary Public in and for said CoCrnty and State My commission expires October 15, 2010. BRAD W. WILLF0R0 NOTARY PUBLIC r rti^ CNT COUNTY OF a STATE OF LINCOLN `�A WYOMING My Commission Wires 10 //1 2010 STATE OF WYOMING COUNTY OF LINCOLN ss On this 31st day of March, 2010, before me, a Notary Public, personally appeared Scott Jay Nieslanik as Custodian for Jessica May Nieslanik under the Colorado Uniform Transfers to Minors Act to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed as such Custodian for the purposes therein mentioned. My commission expires October 15, 2010. BRAD W. WILLFORD NOTARY PUBLIC COUNTY OF LINCOLN My Corrrnmiisssion Expires STATE OF WYOMING COUNTY OF LINCOLN STATE OF WYOMING ss My commission expires October 15, 2010. BRAD W. WILLFORD NOTARY PUBLIC COUNTY OF 1 STATE OF LINCOLN ,.f WYOMING My Commission Expires 10/5/2010 CUSTODIAL ACKNOWLEDGMENT CUSTODIAL ACKNOWLEDGMENT CUSTODIAL ACKNOWLEDGMENT OOO768 Brad W Willford Notary Public in and for said County and State On this 31st day of March, 2010, before me, a Notary Public, personally appeared Scott Jay Nieslanik as Custodian for Luke Sawyer Nieslanik under the Colorado Uniform Transfers to Minors Act to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed as such Custodian for the purposes therein mentioned. Brad W Willford Notary Public in and for said County and State EXHIBIT "A" f A portion of Tract 89 of Township 25 North Range 119 West of the 6 P.M., Lincoln County, Wyoming being more particularly described as follows; BEGINNING at Corner No. 1 of said Tract 89 and running thence South 02 °16'55" West, 428.31 feet along the East line of said Tract 89 to a point; thence coursing an extant fence line; thence South 84 °52'47 West, 380.72 feet to a point; thence South 46 °19'52" West, 793.63 feet to a point; thence South 23 °23'28" West, 954.51 feet to a point; thence South 23 °34'02" East, 1738.12 feet to a point and leave said fence line; thence South 64 °35'24" West, 1053.24 feet to a point on the Easterly right -of -way line of State Highway 30; thence coursing said right -of -way line; thence South 25 °24'47" East, 1185.88 feet to a marker; thence North 64 °36'45" East, 10.02 feet to a marker; thence. South 25 °24'16" East, 486.77 feet to a point on the South line of said Tract No. 89, North 89 °12'59" West, 661.89 feet from Corner No. 2 of said Tract No. 89 and leave said right -of -way line; thence North 89 °12'59" West, 1404.88 feet along said South line to a point on the Easterly right -of -way line of said railroad; thence North 41 °08'36" West, 4340.23 feet along said right -of -way Tine to an intersection with an extant fence line; thence coursing said fence line; thence North 08 °53'02" West, 1336.58 feet to a point; thence North 07 °05'36" West, 572.57 feet to a point; thence North 01 °41'39" West, 263.91 feet to Corner No. 4 of said Tract No. 89; thence South 89 °49'16" East, 2715.73 feet along the North line of said Tract No. 89 to Corner No. 3 of said Tract 97; thence North 89 °52'33" East, 2708.46 feet along the said North line to the CORNER OF BEGINNING. LESS AND EXCEPT the right -of -way conveyed to Oregon Short Line Railway Company by Deed recorded November 25, 1881 in Book 3 of Transcribed Deeds Records on page 12 of the records of the Lincoln County Clerk. LESS AND EXCEPT that parcel conveyed to the State Highway Commission of Wyoming recorded January 3, 1978 in Book 142PR on pages 618 and 619 of the records of the Lincoln County Clerk. LESS AND EXCEPT land described in Quit Claim Deed recorded June 24, 2002 in Book 492PR on page 784 of the records of the Lincoln County Clerk.