HomeMy WebLinkAbout952924RECEIVED 4/14/2010 at 2:46 PM
RECEIVING 952924
BOOK: 745 PAGE: 520
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
This mortgage will be due May 1st, 2030
Return to:
Farm Credit Services of America, PO Box 878 Casper WY 82602
Preparer: Country Home Loans, P 0 Box 2409, Omaha NE 68103 OPS Name: Laura L Fisher
Farm Credit Services of America
REAL ESTATE MORTGAGE
For the State of Wyoming
Open -End To Secure Present and Future Obligations and Advances
Date: April 14th, 2010
Do not write above this line. For filing purposes only. Form 5014 WY CHL (8 2004)
Mortgagor(s)Cerimiah S Ellis and McKenzee L Ellis, Husband and Wife
Date of Note(s) Principal Amount
April 14, 2010 64,000.00
N
800 538 -8144
Mailing Address:lo41 Beech Ave
Kemmerer, WY 83101
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 Post Office Box 2409, Omaha, NE
68103 -2409, 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 State of W ominq to wit:
PLEASE SEE ATTACH LEG DESCRIPTION.
together with all Mortgagor's right, title, and interest in the property, now or hereafter acquired, including:
all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all
appurtenances, water, 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 below obligations, Note(s), 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 any of them, for any purpose, plus interest thereon, all payable according to the
terms of the Note(s) or other instrument(s) modifying the same. Mortgagee is the Lender under the
Note(s).
Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time
will not exceed the sum of Sixty Four Thousand and no /100
64,000.00
and protective advances authorized herein or in the credit 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.
exclusive of interest
C O 0521.
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. Such insurance will be approved
by and deposited with Mortgagee, and endorsed with a mortgage clause with loss payable 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. I /We will obtain and keep flood insurance in force to cover
losses by flood as required by Lender and by the National Flood Insurance Act of 1968, as amended, and
by regulations implementing the same. I /We further agree that Lender 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 loan 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) 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) 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) 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) 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, 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.
13. Any Mortgagor who co -signs this Mortgage but does not execute the Note(s) "co- signer (a) is
co- signing this Mortgage only to mortgage, grant and convey co- signer's interest in the property under the
terms of this Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; and (c)
agrees that Mortgagee and any other borrower under the Note(s) can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Mortgage or the Note(s) without co- signer's
consent.
rimiah S Ellis
STATE OF Wyoming
COUNTY OF Lincoln
On this f day of /lei; 1 ZOl d before me, a Notary Public, personally appeared
Jerimiah S Ellis and McKenzee L Ellis, Husband and Wife
to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that they executed the foregoing instrument as their voluntary act and deed.
(SEAL)
My commission expires:
004 aoc D
)SS
Notary Public in and for sal my and State
f:. O 522
■Ii», i u
BRAD W. WILLatiivll NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN `:e WYOMING
c4niv.35 j005/2010_
Description for Parcel KO-4
A parcel of land within an unplatted portion of the City of Kemmerer, Wyoming and being
part of Tracts 38 K, 38 L, and 107 and within the SE SE 1 /4 of Section 35 and the SW
1/4 of Section 36 all of the resurvey of T. 21 N., R. 116 W. of the 6 P.M., City of
Kemmerer, Lincoln County, Wyoming and being more particularly described as follows;
Beginning at the common south comer of Sections 35 and 36 of the resurvey of T, 21 N.,
R. 116 W. of the 6 P.M., Lincoln County, Wyoming where is found as standard
U.S.G.L,O. brass cap; Thence N 89 °57'30 "W, 500.00 feet to a point on the south
boundary line of said Section 35. Said point being monumented by a 2" diameter
aluminum cap on a 5/8" rebar with the cap being stamped 'CCI, PELS 5465, 2006' with
other appropriate markings (said monument herein after referred to as 'a 2" CCI cap') set
this survey,
Thence N47 °53'22 "E, 1977.61 feet to a point on a curve to the left on the west or south
right of way boundary of U.S. Highway 30. Said point being monumented by a 2" CCI
cap set this survey;
Thence 338.70 feet along the arc of said curve to the left of said west or south highway
right of way boundary to the PC of said curve where is found a 2" CCI cap set this
survey. Said curve to the left having a central angle of 7 °52'06 a radius of 2466.35 feet
and a chord of 338.43 feet which bears S43 °18'26 "E;
Thence continuing along said west or south highway right of way boundary S47 °14'29 "E,
576.68 feet to the point of jog in said highway right of way boundary where is found a 2"
CCI cap set this survey;
Thence along jog in said west or south highway right of way boundary N42 °45'31 "E,
25.00 feet to a point where is found a 2" CCI cap set this survey;
Thence continuing along said west or south highway right of way boundary S47 °14'29 "E,
58.59 feet to the intersection of said highway right of way boundary and the west right of
way boundary of the Oregon Short Line Railroad. Said point being a point on a curve to
the left of said railroad right of way boundary;
Thence 359.22 feet along the arc of said curve to the left of said railroad right of way
boundary to the SC of a spiral curve to the left. Said common curve to the left having a
central angle of 16 °29'54 a radius of 1247.51 feet and a chord of 357,96 feet which
bears S15 °08'54 "E;
Thence 144.73 feet along the arc of said spiral curve to the left of said railroad right of
way boundary to the TS of said spiral curve to the left. Said spiral curve to the left
having a central angle of 3 °30'39" and a chord of 144.71 feet which bears S25 °09'10 "E;
Thence continuing along said west railroad right of way boundary $27 °23'51 "E, 217.54
feet to a point on the south boundary line of said Section 36;
Thence N89 °54'23 "W, 1627.83 feet to corner number 3 of said Tract 38. Said point
being monumented with a stone marked appropriately;
000523 X523
CO 052 4
Thence S89 °57'13°W, 309.96 feet to the point of beginning.
Together with an Access Road and Utility Easement over Parcels KO -2 and KD -3 as
shown on the Record of Survey Receiving Number 922290 of the Lincoln County Clerk
and Recorders Office and described as follows:
KD -2
An easement for ingress and egress through an unplatted portion of the City of
Kemmerer, Wyoming and being part of Tracts 38 J, 39 and 107 and within the E Yz E 1 /2
of Section 35 and the W W 1/2 of Section 36 all of the resurvey of T. 21 N., R. 116 W.
of the 6' P.M., City of Kemmerer, Lincoln County, Wyoming. Said easement being
100.0 feet wide and being 100,0 feet offset west and parallel to the following described
west right of way boundary of U,S. Highway 30. Said 100.0 feet offset west and parallel
boundary line of said easement extending to or truncating at the north and south
boundary lines of a parcel of land to be known as Parcel KD 2 of The Pittsburg and
Midway Coal Mining Co, 2006 record of survey of the KD Parcels, Said survey line also
being the east boundary line of said Parcel KD -2 and being more particularly described
as follows;
Commencing at the common comer of Sections 25, 26, 35 and 36 of the resurvey of T,
21 N., R. 116 W. of the 6 P.M., Lincoln County, Wyoming where is found as standard
U.S.G.L.O. brass cap; Thence N 89 °56'46 "W, 500.00 feet to a point monumented by a
2" diameter aluminum cap on a 518" rebar with the cap being stamped 'CCI, PELS 5465,
2006' with other appropriate markings (said monument herein after referred to as 'a 2"
CCI cap') set this survey.
Thence S0 °04'00"W, 1642.38 feet to a point being monumented by a 2" CCI cap set this
survey;
Thence S89 °58'03 "E 994.85 feet to the Point of Beginning of this description and a point
on the west right of way boundary of U.S. Highway 30 where is found a 2" CCI cap set
this survey:
Thence S6 °12'31 "W, 484.95 feet to the PT of a curve to the left of said west highway
right of way where is found a 2" CCI cap set this survey;
Thence 949.82 feet along the arc of said curve to the left of said west highway right of
way boundary to the point of terminus of this description. Said point of terminus being a
point on the curve where is found a 2" CCI cap set this survey. Said curve to the left
having a central angle of 22 °17'29" a radius of 2441.35 feet and a chord of 943.84 feet
which bears S4 °56'14 "E;
Said easement being 1434.8 feet in length along its east boundary more or less.
KD -3
An easement for ingress and egress through an unplatted portion of the City of
Kemmerer, Wyoming and being part of Tracts 38 J and 38 K and within the SW 1 /4 of
Section 36 all of the resurvey of T. 21 N., R. 116 W. of the 6 P.M,, City of Kemmerer,
Lincoln County, Wyoming. Said easement being 100,0 feet wide and being 100.0 feet
offset west and parallel to the following described west right of way boundary of U.S.
Highway 30. The boundary of said easement extending to or truncating at the north and
(t`it
south boundary lines of a parcel of land to be known as Parcel KD 3 of The Pittsburg
and Midway Coal Mining Co, 2006 record of survey of the KD Parcels. Said survey line
being the east boundary line of said Parcel KD 3 and being more particularly described
as follows;
Commencing at the common corner of Sections 25, 26, 35 and 36 of the resurvey of T.
21 N., R. 116 W. of the 6 P.M., Lincoln County, Wyoming where is found as standard
U.S.G.L.O. brass cap; Thence N 89 °56'46'W, 500.00 feet to a point monumented by a
2" diameter aluminum cap on a 518" rebar with the cap being stamped 'CCI, PELS 5465,
2006' with other appropriate markings (said monument herein after referred to as 'a 2"
CCI cap') set this survey.
Thence S0 °04'00 "W, 1642,38 feet to a point being monumented by a 2" CCI cap set this
survey;
Thence S0 °04'00 "W, 1833.30 feet to a point being monumented by a 2" CCI cap set this
survey;
Thence N66 °11'58 "E, 1104.77 feet to the Point of Beginning and being a point on a
curve to the left on the west right of way boundary of U.S. Highway 30 and the northeast
comer of said Parcel KD 3 where is found a 2" CCI cap set this survey:
Thence 796.96 feet along the arc of said curve to the left of said west highway right of
way boundary a point on the curve where is found a 2" CCI cap set this survey. Said
curve to the left having a central angle of 18 °42'13" a radius of 2441.35 feet and a chord
of 793.42 feet which bears S25 °26'05 "E;
Thence S55 °12'49 "W, 25.00 feet along a jog in said west highway right of way to a point
on a curve to the left of said west highway right of way where is found a 2" CCI cap set
this survey;
Thence 197.44 feet along the arc of said curve to the left of said west highway right of
way boundary a point on the curve where is found a 2" CCI cap set this survey. Said
point being the southeast corner of said Parcel KD 3 and being the point of terminus of
this description, Said curve to the left having a central angle of 4 °35'12" a radius of
2466.35 feet and a chord of 197.38 feet which bears S37 °04'47 "E;
Said easement being 1019.4 feet in length along its eastern boundary more or less.
Excepting and reserving the following Access and Utility Easement designated as
KD 4.B for the benefit of lands owned by The Pittsburg Midway Coal Mining Co. to
the south generally described as follows (the "P &M Lands
Lots 3 and 4 and the SW of Section 4, T. 20 N., R. 116 W.
The Easement is described as follows:
30.Q' Wide Access Road 'B' Parcel KD 4
An easement for ingress and egress through part of Tract 107 and within the SE SE Y4
of Section 35 and the SW SW of Section 36 all of the resurvey of T, 21 N., R. 116
Os. X525
6 300526
W. of the 6' P.M., City of Kemmerer, Lincoln County, Wyoming Said easement being
30.0 feet wide, 15,0 feet each side the following described centerline. The boundary
lines of said easement extending to or truncating at the boundary lines of a parcel to be
known as The Pittsburg and Midway Coal Mining Co. Parcel KD 4. The centerline of
said easement being more particularly described as follows;
Commencing at the common south corner of Sections 35 and 36 of the resurvey of T. 21
N., R. 116 W. of the 6` P.M., Lincoln County, Wyoming where is found as standard
U.S.G.L.O. brass cap; Thence N 89 °57'30 "W, 500.00 feet to a point on the south
boundary line of said Section 35. Said point being monumented by a 2" diameter
aluminum cap on a 518" rebar with the cap being stamped 'CCI, PELS 5465, 2006' with
other appropriate markings set this survey. Said point being the southwest corner of a
parcel to be known as The Pittsburg and Midway Coal Mining Co. Parcel KD 4.
Thence N 47 °53'22 "E, 463.77 feet to the Point of Beginning of this description. Said
point being on the common boundary line of The Pittsburg and Midway Coal Mining
Co.'s Parcels KD 3 and KD 4.
Thence S 38° 58' 33 "E, 244.12 feet to a point;
Thence S 59° 33' 25 "E, 239.61 feet to the point of terminus of this description. Said
point being a point on the south boundary of said Section 36 and the south boundary line
of said Parcel KD 4. The southwest corner of said section 36 bears S 89 °57'13 "W,
204.18 feet.
Said easement being 483.7 feet in length along its centerline more or less.
And further reserving an Access and Utility Easement designated as KD 4 -C, for
the benefit of the land in the lease between The Pittsburg Midway Coal Mining Co. and
PacifiCorp dated January 14, 2003 and recorded in Book 629 and Page 603 in the
Lincoln County Clerk and Recorders Office known as Parcel "A" Pumping Site.
An easement for ingress and egress through part of Tract 38 K and within the SW SW
of Section 36 all of the resurvey of T. 21 N., R. 116 W. of the 6' P.M., City of
Kemmerer, Lincoln County, Wyoming. Said easement being 30.0 feet wide, 15.0 feet
each side the following described centerline. The boundary lines of said easement
extending to or truncating at the boundary lines of a parcel shown as Parcel KD 4 on the
Record of Survey Receiving Number 922290 of the Lincoln County Clerk and Recorders
Office. The centerline of said easement being more particularly described as follows;
Commencing at the common south comer of Sections 35 and 36 of the resurvey of T. 21
N., R. 116 W. of the 6 P.M., Lincoln County, Wyoming where is found as standard
U.S.G.L.O. brass cap; Thence N 89 °57'30 "W, 500.00 feet to a point on the south
boundary line of said Section 35. Said point being monumented by a 2" diameter
aluminum cap on a 5/8" rebar with the cap being stamped 'CCI, PELS 5465, 2006' with
other appropriate markings set this survey. Said point being the southwest corner of
Parcel KD 4.
Thence N 47 °53'22 "E, 1676.67 feet to the Point of Beginning of this description. Said
point being on the common boundary line of The Pittsburg and Midway Coal Mining
3-6
Co.'s Parcels KD 3 and KD 4. Said point also being a point on a curve to the left of this
description. The northeast corner of said Parcel KD 4 bears N 47 °53'22 "E, 300.94 feet;
Thence 80.55 feet along the arc of said curve to the left. Said curve to the left having a
central angle of 23 °04'35 a radius of 200,00 feet and a chord of 80.01 feet which bears
S 35 °26'36 "E to the PT of said curve to the left;
Thence S 23° 54' 19 "E, 37.44 feet to a point;
Thence S 36° 33' 39 "E, 48.23 feet to a point;
Thence S 37° 29' 41 "E, 41,48 feet to the PC of a curve to the left;
Thence 108.09 feet along the arc of said curve to the left to the PT of said curve. Said
curve to the left having a central angle of 68° 48' 47" and a radius of 90.00 feet;
Thence N 73° 41' 33 "E, 190.47 feet to the PC of a curve to the right;
Thence 182.77 feet along the arc of said curve to the right to the PT of said curve. Said
curve to the right having a central angle of 56° 36' 16" and a radius of 185.00 feet;
Thence S 49° 42' 11 "E, 273.80 feet to a point;
Thence S 48° 05' 05 "E, 231.85 feet to the point of terminus. Said point being a point on
the east boundary line of said Parcel KO
Said easement being 1194.68 feet in length along its centerline more or less.
kt)
SE
f�O4J 527