HomeMy WebLinkAbout953936Iftsessoes Parcel No
Grantee's Address and
Person requesting Reconrerg:
RECEIVED 6/14/2010 at 10:12 AM
RECEIVING 953936
BOOK: 748 PAGE: 873
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
FIRST DEED OF TRUST
THIS DEED OF TRUST, made this J day of Pt Pc t k
and between Brad Pehrson, of Jackpot, Nevada and Kemmerer, Wyoming, as
GrantoriTrustor; and S C cAu as
Trustee; and Dona L. Hawk, as Beneficiary.
WITNESSETH:
000873
2010, by
WHEREAS, Grantor is indebted to Beneficiaries, as evidenced by a certain
Promissory Note of even date herewith, with interest as security for the payment of
(a) TWENTY SIX THOUSAND AND FIVE HUNDRED DOLLARS ($26,500.00), lawful
money of the United States of America, with interest thereon in like lawful money
and with expenses and counsel fees according to the terms of the Promissory Note
or Notes for said sum executed and delivered by the Grantor to the Beneficiary; (b)
such additional amounts as may be hereafter loaned by the Beneficiary or its
successors to the Grantor, or any successor in interest of the Grantor, with interest
thereon, and any other indebtedness or obligation of the Grantor, also as security
for the payment and performance of every obligation, covenant, promise or
agreement herein or in said note or notes contained.
NOW, THEREFORE, GRANTOR HEREBY GRANT, CONVEY AND CONFIRM
unto said Trustee, in trust with power of sale, for the purpose of securing the
payment of said Promissory Note, principal, interest, attorney's fees, and other
amounts set forth therein and in this instrument, real property situate in the County
of Lincoln, State of Wyoming, more fully described as follows and incorporated
herein by reference:
A tract of land located in and being a part of the NW of
Section 13, Township 21 North, Range 116 West of the 6 P.M.
Lincoln County, Wyoming, also being a part of the Foothill
Trailer Park of the City of Kemmerer, Lincoln County,
Wyoming, said tract being more particularly described by
meters and bounds as follows:
Commencing at the Northeast corner of said Foothill Trailer
Park described in Warranty Deed recorded December 30,
1992, in Book 322 PR on page 346 or records of Lincoln
County Ckrk, thence South 89 °59'03" West, 954.89 feet to the
easterly boundary of the U.S. Highway 189 right of way
boundary; thence South 04 °32' West, 534.19 feet along said
easterly right of way boundary; thence North 85 °28' West,
50.00 feet along a jog in said easterly right of way boundary;
thence along said easterly right of way boundary along a curve
to the right, the radius of which is 1502.66 feet, a distance of
101.7 feet through a central angle of 03°51'15" to the point of
tangency of said curve; thence South 04°31'15" West, a
distance of 52AS feet to the Southwest corner of the Tri- Valley
tract described in Warranty Deed and Right of Way
Easement Grant recorded March 15, 1985, in Book 224PR on
page 584 of records of the said Lincoln County Clerk at the
POINT OF BEGINNING of this description; thence South
04 °31'15" West, along said easterly right of way boundary
337.10 feet; thence South 89°56'21" East, a distance of 168.26
feet; thence North 04°31'15" East, 334.66 feet; thence North
89 °06'31" West, 10.00 feet to the southeast corner of said Tri-
Valley tract; thence North 89°06'31" West, along the southerly
boundary of said Tri-Valley tract a distance of 158.09 feet to
the point of beginning.
Together with all and singular the improvements thereon or
thereunto appertaining.
874
TOGETHER with all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and
also, all the estate, right, title and interest, homesteads, or other claims or
demands, as well in law as in equity, which Grantor now has or may hereinafter
acquire, of, in or to the said premises or any part thereof, in the appurtenances.
There is assigned to the Trustee as security, all rents, issues and profits
present and future, but which assignment Trustee agrees not to enforce, so long as
Grantor are not in default in the payment of any sum or performance of any act to
be made or performed hereunder, but in the event of default, Grantor hereby give to
and confer upon Beneficiary the right, power and authority to collect rents, issues
and profits of said property or of any personal property located thereon, with or
without taking possession of the property affected hereby, reserving to Grantor the
right, prior to any default by Grantor in payment of any indebtedness secured
hereby or in the performance of any agreement hereunder, to collect and retain
such rents, issues and profits as they may accrue and become payable.
2.
000875
Grantor grant to Beneficiary the right to record notice that this Deed of Trust
is security for additional amounts and obligations not specifically mentioned herein
but which constitute indebtedness obligations of the Grantor for which Beneficiary
may claim this Deed of Trust as security.
AND THIS INDENTURE FURTHER WITNESSETH:
FIRST: The Grantor promise to properly care for and keep the property
herein described in at least its present condition, order and repair; to care for,
protect and repair all buildings and improvements situate thereon or which may
hereafter be placed or constructed thereon; not to remove or demolish any
buildings or other improvements situate thereon or hereafter placed or constructed
thereon; and otherwise to protect and preserve the said premises and the
improvements thereon and not to commit or permit any waste or deterioration of
such buildings and improvements or of such premises.
SECOND: The Trustor shall maintain insurance at replacement value of all
buildings and improvements thereon.
THIRD: The rights and remedies hereby granted shall not exclude any other
rights or remedies granted herein or by law, and all rights or remedies granted
hereunder or permitted by law shall be concurrent and cumulative.
FOURTH: All the provisions of this instrument shall inure to, apply to, and
bind the heirs, legal representatives, successors and assigns of each party hereto
respectively as the context permits.
FIFTH: In the case of failure to perform any terms, covenants or provisions
of this Deed of Trust, or of the said Promissory Note secured hereby, or in the
event of failure to pay any installment of principal and/or interest in accordance
with the terms of said Promissory Note, or in the event that Grantor shall make a
general assignment for the benefit of creditors, or petition for bankruptcy, or be
adjudged bankrupt, then, upon the happening of such event or events, the whole
sum of the principal and interest of the said Promissory Note which shall then
remain unpaid, shall forthwith become due and payable at the option of the holders
of said Promissory Note, although the time of maturity as expressed therein shall
not have arrived.
SIXTH: If the subject premises, or any part thereof, be condemned
under any power of eminent domain, or acquired for public use in condemnation
proceedings, then considerations for such acquisition, to the extent of the full
amount of the indebtedness of the Promissory Note secured by the within Deed of
Trust remaining unpaid are hereby assigned by Grantor to Beneficiary, to be
applied on account of the maturing installments of said indebtedness.
SEVENTH: In the event of a default in the performance of any terms of or
payment under this Deed of Trust or the Promissory Note secured hereby, or for
3.
000876
aw roast" sew Poke gra" shall he gbris by regiafated or cadirmed Mar as wet
as hy nada IL& to the Gantor at P.O. Box 55, Jac!** Nevada 59525, or
pessonally served op said Candor and sab MOM shall be Nanny ease the
enotor and all successors, amalgams et grantees horn the eseeter as **Vi dede
Of plumed serdee, the dale of Of elembig the meek* di See =Med or
regiebaed mann& or tem* days boat the dale of the nudges Ike eafferd.
SPAM Ms awns* agreed tiatibe basis asaled booby*. ineeiezdzb
by*. eranter.:
mint ihs Wall pailedpel aml Intemet balance of the Prey Note
second by this Deed of Tmetshall be ameallably and automats* due mad
paabe it and who erardcw sells or irmafers any inhwest ire geopedy
encumbered hndw, or eider Into s Oviduct to do so, without the pdst wales
consent of the BeneSciary, except Oudot new assign to any nominee walk mil*
is controlled by the Grator, at the Sme eithe elocution of Ws Deed cTht, or to
the bar:bride partners of the evaer.
MOM lids property is net agaitullund poverty as defined In Wyoming
STAT.. SS 148.103.
WffNESS WHEREOF, the Grantor has execuled ihose reseed, the dw
and yew gist adloweinitton.
MATE OF
COMITY A
On this _S IA
201 paeans. sweated before
me„ a Rolm Ri ft, i 1 IA COOMMI who has proved to sas to be said
pea adb' Ag an °Mad *fame identaudion and adorer:Wedged ts nve that
he avecuted the farapiag instramentstaaly and 1 _t_ kW Ise imposes set
forth Ifseek.
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