HomeMy WebLinkAbout873199873!99
RECEIVED
LINCOLN COUNTY CL- RK
G 1f'1'11 y 10 PN 12. 1
I{ESA 9 1 1"I?. WYOMIII
BOOK 464YR PAGE 1. 6 1
Space Above This Line For Recording Data
MORTGAGE
DATE AND PARTIES. The date of this Mortgage (Security Instrument) is May 10, 2001. The
addresses are:
MORTGAGOR:
MIKE RICHINS
D/B/A VALLEY HI MOTEL
a Sole Proprietorship
10716 HWY 30
COKEVILLE, Wyoming 83114
NELLIE RICHINS
10716 HWY 30
COKEVILLE, Wyoming 83114
LENDER:
FIRST NATIONAL BANK - WEST
Organized and existing under the laws of the United States of America
314 S Washington
PO Box 1620
Afton, Wyoming 83110
83-0162601
and their
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants,
bargains, conveys, mortgages and warrants to Lender, with the power of sale, the following described property:
SEE ATTACHED EXHIBIT "A"
The property is located in LINCOLN County at 10716 HWY 30, COKEVILLE, Wyoming 8.3114.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all
diversion payments or third party payments made to crop producers and all existing I and future improvements,
structures, fixtures, and replacements that may now, or at any time in the future, :be part of the real estate
described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all
underlying agreements have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at a ' one time
will not exceed $142,479.75. This limitation of amount does not include interest ahd other fees a7d charges
validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances mad under the
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in
this Security Instrument.
3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts
A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
replacements. A promissory note, No. 61009743, dated May 10, 2001, from Mortgagor to Lender,; and a loan
amount of $142,479.7 5 with an initial interest rate of 8.5 percent per year maturing on May 1 , 2016.
B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when flue and in
accordance with the terms of the Secured Debts and this Security Instrument.
5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other
lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenants.
VALLEY HI MOTEL ~
Wyoming Mortgage Initials
WYl3ERVER0796000000000000004DO000004En5 01996 Bankers Systems, Inc., St. Cloud, MN Page 1
r ~
08a3V)9
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder, 1162
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due, Lender' may require Mortgagor to
provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's
payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security
Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims Or defenses
Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. I
;
7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately
due and payable upon the creation of, or contract for the creation of, a transfer or sale,of the Property.! This right
is subject to the restrictions imposed by federal law governing the preemption of 'state due-on-salve laws, as
applicable. j
8. WARRANTIES AND REPRESENTATIONS. Mortgagor makes to Lender the following warrOnties and
representations which will continue as long as this Security Instrument is in effect:
A. Power. Mortgagor is duly organized, and validly existing and in good standing iin all jurisdictio s in which
Mortgagor operates. Mortgagor has the power and authority to enter into this transaction ando carry on
Mortgagor's business or activity as it is now being conducted and, as applicable, is qualified to dot so in each
jurisdiction in which Mortgagor operates,
B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced
by this Security Instrument are within Mortgagor's powers, have been duly authorized, have received all
necessary governmental approval, will not violate any provision of law, or order' of court or governmental
agency, and will not violate any agreement: to which Mortgagor is a party or to which Mortgagor is or any of
Mortgagor's property is subject.
C. Name and Place of Business. Other than previously disclosed in writing to Lender, Mortgaglor has not
changed Mortgagor's name or principal place of business within the last 10 years and has not used any other
trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not us' any other
name and will preserve Mortgagor's existing name, trade names and franchises.
9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in gooid condition
and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, im alrment, or
deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. I Mortgagor
agrees that the nature of the occupancy and use will not substantially change withhout Lender's pi for written
consent. Mortgagor will not permit any change in any license, restrictive covenant or ;easement without Lender's
prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against
Mortgagor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent
except that Mortgagor has the right to remove items of personal property comprising a part of the Pr perty that
become worn or obsolete, provided that such personal property is replaced with other personal prope ~ity at least
equal in value to the replaced personal property, free from any title retention device, security agreement or other
encumbrance. Such replacement of personal property will be deemed subject to the security interest! created by
this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's prior written
consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property, Lender will give Mortgagor notice at the time of or before!an inspection specifying a
reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and
Mortgagor will in no way rely on Lender's inspection.
10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants conta ned in this
Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgag r appoints
Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Leader's right
to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude
Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction
on the Property is discontinued or not carried on in a reasonable manner, Lender may stake all steps necessary to
protect Lender's security interest in the Property, including completion of the construction.
11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, conveys, rnortgages and tlvarrants to
Lender as additional security all the right, title and interest in and to any and all:
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreem nts for the
use and occupancy of any portion of the Property, including any extensions, renewals, modifications or
substitutions of such agreements (all referred to as Leases).
B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum
rent, percentage rent, additional rent, common area maintenance charges, parking;! charges, real estate taxes,
other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation
premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract
rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are
on account of the use or occupancy of the whole or any part of the Property.
In the event any item listed as Leases or Rents is determined to be personal property, this Security Insti',rument will
also be regarded as a security agreement.
Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases.; Mortgagor
may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Except for one le4e period's
rent, Mortgagor will not collect in advance any future Rents without Lender's prior written consent.
VALLEY HI MOTEL
Wyoming Mortgage Initials
WY/3ERVER0796000000000000004D0000004En5 01996 Bankers Systems, Inc., St. Cloud, MN Page / , V
6 ,3
Upon default, Mortgagor will receive Rents in trust for Lender and Mortgagor will not commingle the Rents with
any other funds. Amounts collected will be applied at Lender's discretion to payments on the Secured Debts as
therein provided, to costs of managing, protecting and preserving the Property and to any other neces ary related
expenses including Lender's attorneys' fees and court costs.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security Inst ument and
effective as to third parties on Mortgagor's default when Lender takes an affirmative action as prescribed by the
law of the state where the Property is located. This assignment will remain effective during an period of
redemption until the Secured Debts are satisfied. Unless otherwise provided by state law, Mortgagor grees that
Lender may take actual possession of the Property without commencing any legal action or proceeding. Actual
possession of the Property is deemed to occur when Lender notifies Mortgagor of Mortgagor's default and
demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On
receiving the notice of default, Mortgagor will endorse and deliver to Lender any payments of Rents.
Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor ISO agrees
to maintain, and to require the tenants to comply with, the Leases and any applicable law. Mortgagor will
promptly notify Lender of any noncompliance. If Mortgagor neglects or refuses to enforce compliance with the
terms of the Leases, then Lender may opt to enforce compliance. Mortgagor will obtain Lender's written
authorization before Mortgagor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the
surrender of the Property covered by such Leases (unless the Leases so require), or to assign, co promise or
encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender
does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those due
to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will hold Lender harmless an indemnify
Lender for any and all liability, loss or damage: that Lender may incur as a consequence of the assignment under
this section.
12. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Payments. Mortgagor fails to make a payment in full when due.
B. Insolvency. Mortgagor makes an assignment for the benefit of creditors or becomes insol ent, either
because Mortgagor's liabilities exceed Mortgagor's assets or Mortgagor is unable to pay Mortgagor s debts as
they become due.
C. Death or Incompetency. Mortgagor dies or is declared legally incompetent.
D. Business Termination. Mortgagor merges, dissolves, reorganizes, ends its business or existence, ~r a partner
or majority owner dies or is declared legally incompetent.
E. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or coverjant of this
Security Instrument.
F. Other Documents. A default occurs under the terms of any other transaction document. j
G. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with L nder.
H. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial nformation
that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
1. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor.
J. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
K. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name withoolt notifying
Lender before making such a change.
L. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or pro erty. This
condition of default, as it relates to the transfer of the Property, is subject to the restrictions cont fined in the
DUE ON SALE section.
M. Property Value. The value of the Property declines or is impaired.
N. Material Change. Without first notifying Lender, there is a material change in Mortgagor'$ business,
including ownership, management, and financial conditions. Ili
0. Insecurity. Lender reasonably believes that Lender is insecure.
I
13. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in anyiinstrument
evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Proteing rty. Any
amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance under
the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available
on Mortgagor's default.
Subject to any right to cure, required time schedules or other notice rights Mortgagor may have under ederal and
state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately
due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or
anytime thereafter.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provideid at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or part ii t payment
on the Secured Debts after the balance is due: or is accelerated or after foreclosure proceedings are fi ed will not
constitute a waiver of Lender's right to require complete cure of any existing default. By choosing any c~ne or more
of these remedies Lender does not give up Lender's right to use any other remedy. Lender does not waive a
default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender does not wai~e Lender's
right to later consider the event a default and to use any remedies if the default continues or happens agiain.
14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitt6d by law,
Mortgagor agrees to pay all expenses of collection, enforcement or protection of Le'nder's rights an'~ remedies
under this Security Instrument. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property
and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are
not limited to, reasonable attorneys' fees after default and referral to an attorney not a salaried empl yee of the
VALLEY HI MOTEL
Wyoming Mortgage
WY/3ERVER0796000000000000004D0000004En5
01996 Bankers Systems, Inc., St. Cloud, MN
Initials
Page 3 I
3
Lender. These expenses are due and payable immediately. If not paid immediately, these expens
s will bear
interest from the date of payment until paid in full at the highest interest rate in effect as provided for
n the terms
of the Secured Debts. To the extent permitted by the United States Bankruptcy Code, Mortgagor ag
rees to pay
the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any cour
t exercising
jurisdiction under the Bankruptcy Code. t
15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environ
mental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Ac
(CERCLA),
all other federal, state and local laws, regulations, ordinances, court orders, attorney general
pinions or
interpretive letters concerning the public health, safety, welfare, environment or a hazardous substan
ce; and (2)
Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contam
nant which
has characteristics which render the substance dangerous or potentially dangerous to the public hea
lth, safety,
welfare or environment. The term includes, without limitation, any substances defined as "hazardou
material
"
"toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any En
,
vironmental
Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance h~
s been, is,
or will be located, transported, manufactured, treated, refined, or handled by any person on, under
r about the
Property, except in the ordinary course of business and in strict compliance with all applicable En
ironmental
Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor, has not and wil
not cause,
contribute to, or permit the release of any Hazardous Substance on the Property.
C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous
Substance
occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or
(2) there is
a violation of any Environmental Law concerning the Property, In such an event, Mortgagor
ill take all
necessary remedial action in accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no know
ledge of or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kin
relating to
(1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortg
Oor or any
tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as
Mortgagor
has reason to believe there is any such pending or threatened investigation, claim, or proceeding.
In such an
event, Lender has the right, but not the obligation, to participate in any such proceeding including
he right to
receive copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every t
nant have
been, are and will remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no undergro
nd storage
tanks, private dumps or open wells located on or under the Property and no such tank, dump c
ell will be
added unless Lender first consents in writing.
G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Pr
perty, and
confirm that all permits, licenses or approvals required by any applicable Environmental Law are o~
tained and
complied with.
H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and i
nspect the
Property and review all records at any reasonable time to determine (1) the existence, location an
nature of
any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and m
agnitude of
any Hazardous Substance that has been released on, under or about the Property; or (3) whet
her or not
Mortgagor and any tenant are in compliance with applicable Environmental Law.
1. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified
environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
to Lender. The choice of the environmental engineer who will perform such audit is subject tp Lender's
approval.
J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this! section at
Mortgagor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this s~ction, (1)
Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all
losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties ands expenses,
including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's su 'cessors or
assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument ani in return
Mortgagor will provide Lender with collateral of at least equal value to the Property secured by th~s Security
Instrument without prejudice to any of Lender's rights under this Security Instrument.'
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the to ms of this
section will survive any foreclosure or satisfaction of this Security Instrument regardless of any pass ge of title
to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses tot a contrary
are hereby waived.
16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or
public entities to purchase or take any or all of the Property through condemnation, eminent domain, orl any other
means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described !actions or
claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connectO with a
condemnation or other taking of all or any pars: of the Property. Such proceeds will be considered payments and
will be applied as provided in this Security Instrument. This assignment of proceeds is Subject to the te~ms of any
prior mortgage, deed of trust, security agreement or other lien document.
17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associate with the
Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will la$t until the
Wyoming Mortgage
WY/3ERVER0796000000000000004D0000004En5
°1996 Bankers Systems, Inc., St. Cloud, MN
Initials
Page 4 4 \
Property is released from this Security Instrument. Mortgagor may choose the insurance company, subject to
Lender's approval, which will not be unreasonably withheld.
All insurance policies and renewals will include; a standard "mortgage clause" and, where applicable, " oss payee
clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental
loss or business interruption insurance in amounts and under policies acceptable to Lender. The com rehensive
general liability insurance must name Lender as an additional insured. The rental loss or business interruption
insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account
deposits (if agreed to separately in writing.)
Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will
be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires
the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass t Lender to
the extent of the Secured Debts.
Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails t keep the
Property insured Lender may obtain insurance to protect Lender's interest in the Property, This insu ance may
include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor
would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the
insurance.
18. ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreement, Mortgagor agree to pay to
Lender funds for taxes and insurance in escrow„
19. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor
does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and
Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a
guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent L nder from
bringing any action or claim against Mortgagor or any party indebted under the obligation. These ights may
include, but are not limited to, any anti-deficiency or one-action laws.
20. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating
to the Property.
21. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, except to ~he extent
otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America.
22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security
Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor i4vidually
or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor ill still be
obligated under this Security Instrument for the remaining Property. The duties and benefits of thus Security
Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. i
23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended c r modified
by oral agreement. No amendment or modification of this Security Instrument is effective unless madq in writing
and executed by Mortgagor and Lender. This Security Instrument is the complete and final express. ion of the
agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provis~on will be
severed and the remaining provisions will still be enforceable.
24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
section headings are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument.
i
25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required byj law, any
notice will be given by delivering it or mailing it by first class mail to the appropriate party's address Ii ted in the
DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to
be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgagor's name, . ddress or
other application information. Mortgagor will provide Lender any financial statements or information Lender
requests. All financial statements and information Mortgagor gives Lender will be correct and pomplete.
Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender mar consider
necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and !to confirm
Lender's lien status on any Property. Time is of the essence.
I
SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument.
Mortgagor also acknowledges receipt of a copy of this Security Instrument.
MORTGAGOR:
_2?zl u
ZE &ZN
S
LIE RICH IN
LENDER:
VALLEY HI MOTEL
Wyoming Mortgage
WY/3ERVER0796000000000000004D0000004En5
First National Bank - West
Don Staley, Afton Loan Officer
01996 Bankers Systems, Inc,, St. Cloud, MN
Initialst~ ~nQ
Page 5
ACKNOWLEDGMENT9873 00 )
.166
(Individual)
OF /10CflGU ST,Q..I-o=- OF 6C,4y0 I'L 6-- ss.
This ins rument was acknowledged before me this of WAY / by
MIKE RICHINS, and NELLIE RICHINS.
per NOTARY PUB !]2H
(Notary P Iic)
BARFntY G. WILLIA11iCOUNTY OF NATRO(Lender Ackno o STATE OF WYOMIN~ouuc Y,1 t i l t [xFir^; t OF (NV This instr ment was acknowledged before me this _f/,7/- Ad of by
Don Staley as Afton Loan Officer of First National Bank - West
My commission expires:
1
VALLEY HI MOTEL
Wyoming Mortgage
WYI3ERVER0795000000000000002A0000002BnF
(Notary
NOTARY PUBIAC
BARRY G. WILIJAMS
Ul , m COUNTY OF NATRO?fA
(c STATE OF WYOMING
My Comr uuslon Explmo S#,,pt, 3, 2uQ,3
®1996 Bankers Systems, Inc., St. Cloud, MN
Initials J-
Page 6 r~
I
«-ir-vr roa wvi
i
3"j"*300;* 4
I
EXHIBIT "A"
16'71
TRACT T: That
Part of Tract 90 of T24N, R119W, within the incor-
porated limits of the Town of Cokeville, Lincoln County,
being Part of that tract of record in the Office of the leek of
Lincoln County in Book 4 of Photostatic Records o p ge llof
described as follows; n
Commencing at'a corner on the west right-of-wa
Flighway 30N, N82"15.51 W Y line f State
Tract 90 where found s, 21655.11 feet from Corner No. 2 -of said
type) with brass ca galvanized steel pipe 28" long (BLM
WYOMING T24N R119W P inscribed PAUL N. SC}1BI2I31;L IZL5164 BIG PINKY
TR90 TR91 15166
1 6
TR74 TT
n76
identical with the northeast corner of that tract of Iand of
record in the said Office in Book 72 of Photostatic Rec rds on
page 389;
thence N11"3611q, 92.00 feet along the said right-of-way li e t
corner; o a
thence continuing N11"351W
way line to ' 137.95 feet along the said riht-oi'-
the Corner of Beginning;
thence continuing N11"351W, 205.5 feet along the said -
way line to a corner; t'iht-of
thence S78"25'W, 206.68 feet to a corner;
thence S10"141B, 197.19 feet to a corner;
thence N80"411B, 211.49 feet to the Corner of Beginning;
each corner being marked by a Z"
(BLN type) with brass. cap inscribeda "PAUL N. s CF(tRBELpRLS1041BIG
PINEY WYOMING"-and apPropriate.details;
the base bearing for this survey is the line betwo:en corner'
1 and 2 of Tract No, 90 with a record of North;, Nos,
all in accordance with the map prepared and filed in the! said
Office.
TRACT U: That part of Tract 90 of T24N, R119W, within -
porated limits of the Town of Colteville, the i;ncor
being part of that tract of record in the LOffice of lithe Clerk of
Lincoln County in Book 4 of Photostatic Records ge 115,
described as follows; on pa
Commencing at a corner on the west right-of-way; line o e
30N, N82"15.5'W i' State
6~ ~5'll reel from Corner No, 2 of'isaid
. Tract 90 where found a,21
1 gaaniz steel Pie:,
type) with brass cap ins,cr'ibedl"PAULeN. CHhRBCLR n 2LS18" long ; (BLM
WYOMING T24N, R11911 64 DIG YNCY
TR90 TR91 1965
2 ~ 1 6
TR74 TR76
.08 7:31
16 8
identical with the northeast cornor of that tract; of land of
record in the said Offi
i
ce
n (look
rage 389;
72 of Pho•,ottatic Records on
thence N11' 35' 1J, 92.00 feet along t
cor
j
he said right':-of--way 1 it a to a
ner;
thence continuing N11'351W, 137.95
line to
feet along; said right-Hof-Way
a corner;
thence continuing N11'35'W, 205.5
line to 'the Corner of Beginning;
feet along said right--iof-way
thence continuing N11'35'1q, 318.05
way line to
feet along th;e said right-of=
a corner;
thence N78'251B, 25,0 feet along
corner;
said right-of-way linel to a
thence continuing N78'251E, 3.0 feet along said right-of-way line
to a corner;
thence Nil'3511?, 131.2 feet along the said right-iof-way line' to a
corner identical with th
e southeast corner of that tract o~ land
of record in said Office in Bo
k 98
o
page 559;
of Photast4tic Records on
thence SW241W, 197,27 feet; along
to a corner;
the south line of said .'t'ract
thence S71'5611q, 43.76 feet along the south lire of said tract to
a corner;
thence SIO'14'.E, 371.01 feet to a ,corner-,
thence N78' 251E, ' 206, 6'8 feet to the Corner of Beginning;
each corner being marked by a 2"
(n~,M t galvanized steel; pipe 28" ;long
ype) with 'brass cap inscribed PAUL N. SCNIE4DLL RLS164 BIG
PINny WyoHING" and appropriate details;
the base bearing for this survey is the line botwoen corner 'Nos.
1 and 2 of Tract No, 90 with a record of North;
all in accordance with the map prepared and filod in the said
Office