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HomeMy WebLinkAbout9536446010817301 Rev. 11/99 STATE OF WYOMING State Loan Investment Board THIS MORTGAGE made this S of L 2010 between JASON JOHN THORNOCK AND TRACY THORNOCK, husband and wife of Lincoln County, Wyoming hereinafter called "MORTGAGOR" and the STATE OF WYOMING, STATE LOAN INVESTMENT BOARD, 122 West 25th Street, Cheyenne, Wyoming, hereinafter called "MORTGAGEE," to secure payment of the sum of SEVEN HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS, Loan No. B00044 LN 006769 WITNESS: MORTGAGOR for and in consideration of the sum aforesaid paid by MORTGAGEE, receipt of which MORTGAGOR acknowledges, and in consideration for the release of land as set forth and described in Exhibit 'A', mortgages, warrants, grants, bargains, and conveys to MORTGAGEE, its successors and assigns forever, the following described real estate: That part of Tract No. 48 of Township 25 North, Range 119 West, Lincoln County, Wyoming Tying and being situate westerly of the thread of the channel of the Bear River and including any mineral rights, estates, or interests existing on, under or in said real estate, whether now owned by mortgagor or hereafter acquired; and further including all buildings and improvements thereon and all other privileges, property capable of being inherited, and appurtenances to said lands and including all water and water rights, adjudicated or unadjudicated, stored, used upon, or appropriated for the above described lands, together with all irrigation, reservoirs, ditches, laterals, canals, flumes, aqueducts and syphons complete, or any interest therein regardless of how owned or represented (if by stock in an incorporated Ditch Company this instrument shall constitute an assignment thereof) with rights of way therefore; also all other irrigation works, drainage systems, artesian wells and water flowing therefrom, windmills, and all other property and property rights of every kind and character, real and personal, pertaining to or used in connection with the irrigation and drainage of the lands mortgaged herein, or which may be appurtenant to said lands, whether owned by MORTGAGOR at the date of this mortgage or hereinafter in any manner acquired by MORTGAGOR during the term of this mortgage. When the word "premises" is hereafter used it covers all property of every kind and character contained in this paragraph. This mortgage is given to secure a promissory note of even date herewith, executed by MORTGAGORS to MORTGAGEE, in the principal sum of SEVEN HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS, payable with interest according to the terms of the note, the final payment being due and payable on the first day of December, 2038. This mortgage shall be void upon the payment of the promissory note. MORTGAGOR covenants that MORTGAGOR is lawfully seized of the premises; that MORTGAGOR has good right to sell or convey the same, and that the premises are free of any prior encumbrances. MORTGAGOR warrants the title to the premises, and releases and waives all rights under the Homestead Exemption Laws of this State. MORTGAGOR as part of the consideration hereof, further covenants as follows: (1) That during the existence of this mortgage the MORTGAGOR will in a proper and husbandlike manner cultivate, irrigate, and fertilize all orchards and crops now or hereafter grown on the premises, and will keep all buildings, fences, ditches, canals and other improvements on the premises in good repair and will not do or permit any waste on the premises and will not abandon them. (2) That MORTGAGEE, or its duly authorized agents, shall at all times have the right to enter upon and inspect the premises. (3) That MORTGAGOR will preserve and protect all water rights and irrigation systems hereby conveyed, and will pay, when due, all assessments and charges for the irrigation and drainage of the lands hereby mortgaged. (4) That MORTGAGOR will pay, when due, all principal and installments thereof, and the interest thereon, as hereinbefore set forth. If default be made in payment when due of any part or installment of principal or interest, then MORTGAGOR shall pay a fee on each defaulted payment from the date the payment is due until the defaulted payment is made, at the rate provided by law at the time collection is attempted by MORTGAGEE. MORTGAGOR will also pay all taxes, liens, judgments, and assessments; and shall keep all buildings thereon insured, to MORTGAGEE'S satisfaction. The insurance shall be made payable to MORTGAGEE, as its interest may appear at the time of the loss. MORTGAGOR will pay the premiums. MORTGAGEE may pay all taxes, liens, judgments, assessments or insurance not paid by MORTGAGOR when due. When so paid, they shall become part of the mortgage debt and shall bear interest at the rate as provided by law in effect at that time of collection of default, and shall be payable out of the first moneys received by MORTGAGEE under the terms of this mortgage. RECEIVED 5/25/2010 at 3:01 PM RECEIVING 953644 BOOK: 747 PAGE: 769 JEANNE V R LINCOLN COUNTY CLERK KFMMFRPR WY 000771 IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his (here r t eir) hand the day and year first above written. STATE OF WYOMING ss. COUNTY OF (;t R(V3) The foregoing instrument was acknowledged before me by Jason John Thornock and Tracy Thornock thi�zfay of 2010. Witness my hand and official seal. My Commission Expires: WORM A. BOW .N 1 PUBLIC COUNTY OF STATE OF LINCOLN a s WYOMING Photographed Indexed Abstracted Checked STATE OF WYOMING ss. COUNTY OF 1 racy norno '\m 1eo•Icer RECEPTION NO. This instrument was filed for record at o'clock M., on the day of 2010, and duly recorded in Book on page BY: Fees, Deputy county uteri or Register of needs A.D., LEGAL DESCRIPTION EXHIBIT 'A' Jason John Thornock Loan No. B00044 That part of Tract No. 61 of Resurvey Township 25 North, Range 119 West, Lincoln County Wyoming bounded and described as follows: On the North line by the North line of said Tract No. 61; On the South by the South line of said Tract; On the West by the thread of the channel of the Bear River and the West line of said Tract; and on the East by the West right -of -way line of the Oregon Short Line Railroad; EXCEPTING THEREFROM that tract of record in the Office of the Clerk of Lincoln County in Book 25 of Deeds on page 460 as conveyed to the Union Pacific Railroad Company. Total 30.00 acres, more or less :.011772