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RETURN TO Farm Credit Services of America, PO Box 878
PREPARER: Casper, WY 82602
Farm Credit Services of America
RECEIVED 3/16/2012 at 4:36 PM
RECEIVING 963711
BOOK: 783 PAGE: 264
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
REAL ESTATE MORTGAGE
For the State of Wyoming
Open End To Secure Present and Future Obligations and Advances
Date: March 16, 2012
Mortgagor(s):
Steven L Peternal and Laurie R Peternal, husband and wife
Mailing Address: 4182 Secondary Hwy 233 PO Box 843
Kemmerer, WY 83101 -0843
00264
FORM 5014 (10 -2011)
Bicklin Cheryl L
(307) -4700
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 Agreement(s) Principal Amount
03/16/2012 210,000.00
Provided, however, that the total principal indebtedness outstanding and secured hereby at any one
time will not exceed the sum of TWO HUNDRED TEN THOUSAND ($210,000.00), exclusive of interest
and protective advances authorized herein or in the loan agreement(s).
App 5097986; CIF 127897; Note 201 041 CB Legal Doc. Date: March 16, 2012
FORM 5014, Real Estate Mortgage Page 1
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 January 1, 2032.
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 agrees with, or certifies to, 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
App 5097986; CIF 127897; Note 201 041 CB Legal Doc. Date: March 16, 2012
FORM 5014, Real Estate Mortgage Page 2
q11)265
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. That Mortgagor(s) are, and shall continue to be, duly organized, validly existing and legally
qualified to do business under the laws of the states in which Mortgagor(s) operate, in compliance with
federal, state and local laws or regulations, and have legal authority in such states to conduct
Mortgagor(s) business operations and to own agricultural real estate. No change has been made in the
name, ownership, control, relationship, legal status or organizational and formation documents of any
undersigned since the time any such information was last provided to Mortgagee.
11. That if Mortgagor(s), or anyone signing this Mortgage, is a limited liability company, that those
signing on behalf of said limited liability company constitute a majority of the managers or members
thereof, and that the execution of this Mortgage is in the ordinary course of the limited liability
company's business and has been authorized by its members.
12. 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.
13. This Mortgage constitutes a Security Agreement with respect to all the property described herein.
14. 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.
14
Steven L Peternal
STATE OF WYOMING
)ss
COUNTY OF LINCOLN
(SEAL)
On this 16th day of March, 2012
Steven L Peternal and Laurie R Peternal
INDIVIDUAL BORROWER ACKNOWLEDGMENT
to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that they executed e same as their voluntary act and deed.
Brad W. Willford Notary Pubic
County of r Stale f
Lincoln
M Commission Expires 10115!2014
My commission expires Oct. 15, 2014
Laurie R Peternal
before me, a Notary Public, personally appeared
Brad W Willford
(Type name under signature)
Notary Public in and for said County and State
J
App 5097986; CIF 127897; Note 201 041 CB Legal Doc. Date: March 16, 2012
FORM 5014, Real Estate Mortgage Page 3
00266
EXHIBIT "A" (page 1 of 2)
A parcel of land being lots 9, 10, 18, 20, 21,22,23,24 and part of lots 8, 27, 28 and 29 of Section
35 and lots 22 and 23 and part of lots 12, 20 and 21 of Section 36 of the resurvey of T. 22N., R.
116W., 6 P.M., Lincoln County, Wyoming and being part of Tracts 75, 76 and 77 of the
resurvey of T.21 N., R.116W,, 6th P.M., Lincoln County, Wyoming and being more particularly
described as follows.
Beginning at Corner #1 of Tract 77 of the resurvey of T.21 N., R.116W., of the 6th P.M., Lincoln
County, Wyoming where is found a stone monument appropriately inscribed; Thence S
2 °37'57 "E, 1196.46 feet to Corner #2 of Tract 77 where is found a U.S.G.L.O. brass cap;
Thence S 10 °36'17 "W., 204.88 feet to the easterly most corner of the Gail R. Dawson Meacham
Trust parcel as described and recorded in book 705 on page 379 on file in the Lincoln County
Clerk's Office. The following four (4) courses being along the northeasterly boundary of said
Meacham Trust parcel;
Thence N 53 °09'04 "W, 176.22 feet;
Thence N 36 °21'50 "W, 222.87 feet;
Thence N 51°23'42"W, 289.54 feet;
Thence N 35 °40'50 "W, 569.76 feet to the northerly most corner of said Meacham Trust parcel,
Said point also being the easterly most corner of the Cowboy Estates Subdivision, the plat of
which is on file in the Lincoln County Clerk's Office.
The following four (4) courses being along the northerly boundary of said Cowboy Estate
Subdivision;
Thence N 78 °36'40 "W, 304.81 feet;
Thence N 40 °59'54" W, 317.84 feet;
Thence N 3°02'51"W, 92.06 feet along the common boundary line between said Tracts 76 and
77 to a point from which corner #1 of said Tract 76 common with corner #4 of said Tract 77
bears
N 3 °02'51 "W, 65.91 feet and is monumented by a standard U.S.G.L.O. brass cap.
Thence N 48°14'09"W, 526.81 feet to the northerly most corner of said Cowboy Estates
Subdivision and being common with the easterly most corner of the Pronghorn Estates
Subdivision the plat of which is on file in the Lincoln County Clerk's Office. The following three
(3) courses being along the northerly boundary of said Pronghorn Estates Subdivision.
Thence N 48 °12'57 "W, 512.04 feet;
Thence N 71°00'57"W, 140.37 feet;
Thence N 47 °48'12 "W, 502.24 feet to the northerly most corner of said Pronghorn Estates
Subdivision and being the easterly most corner of the Frontier North -4 Subdivision the plat of
which is on file in the Lincoln County Clerk's Office. The following four (4) courses being along
the northerly boundary of said Frontier North -4 Subdivision.
Thence N 81 °25'46 "W, 258.40 feet;
Thence N 63 °20'50 "W, 297.50 feet;
Thence N 76° 40'46 "W, 706.20 feet;
Thence N 85 °50'38 "W, 265.40 feet to a point on the line between corners #8 and #9 of Lot 38 of
the resurvey of T.22N., R.116W., 6 P.M., Lincoln County, Wyoming
Thence S 89 °41'20 "E, 1053.68 feet along the southerly lot line of said Lot 38 to Corner #8 of
said Lot 38. The following three (3) courses being along the common boundary line of said Lot
37 and Lot 38 of the resurvey of T.22N., R.116W.
Thence N 1°06'39"E, 1366.10 feet to corner #7 of said Lot 38 and being also a corner of said
Lot 37;
Thence S 89 °18'11 "E, 1234.61 feet to corner #4 of said Lot 37 and being a corner of said Lot
38;
Thence N 1 °35'59 "W, 1360.15 feet to corner #4 of said Lot 38 and being a corner of said Lot 37;
Thence S 89 °01'35 "E, 1069.20 feet to corner #5 of said Lot 37 being monumented by a stone;
EXHIBIT "A" (page 2 of 2)
Thence S 1°55'55"W, 1344.33 feet to corner #6 of Lot 37 being monumented by a 3" aluminum
cap on a 2' /z" diameter aluminum pipe stamped "CCI, PELS 5465, 2011" with other appropriate
markings;
Thence S 89 °52'38 "E, 486.51 feet to a closing corner of said Lot 37 and the common boundary
line between said Sections 35 and 36 from which corner #1 of said Lot 37 bears S 89 °52'38 "E,
499.24 feet where is found a 3" aluminum cap on a 2 1 /2" diameter aluminum pipe stamped "CCI,
PELS 5465, 2011" with other appropriate markings.
Thence S 0 °12'46 "E, along the monument boundary line of said Sections 35 and 36, 10.62 feet
to a corner being the southerly most point of the west boundary line of the Kemmerer Gun Club
Parcel as described and recorded in book 455 on page 42 on file in the Lincoln County Clerk's
Office. Said point being monumented by a 3" brass cap on a 2 1 /2' steel pipe, stamped "LS
2616, T22N, R116W, CC Lot 37, S35/S36, 1984," The following seven (7) courses being along
the southerly boundary of said Kemmerer Gun Club Parcel;
Thence S 89 °24'48 "E, 39.80 feet;
Thence S 47 °22'27 "E, 265.35 feet;
Thence S 63 °10'19 "E, 269.26 feet to a point being the intersection of said Kemmerer Gun Club
Parcel and the common boundary line of said Lot 37 and Lot 41 of said T. 22N., R.116W;
Thence continuing S 63 °10'19 "E, 181.49 feet;
Thence S 40 °36'32 "E, 378.60 feet;
Thence S 29 °54'11 "E, 30.64 feet;
Thence N 89 44' 28 "E, 416.45 feet to the C -N -SW 1/64 corner of said Section 36 where is found
a rebar with a 1 1 /2" aluminum cap stamped "Cloey Wall, RLS 482" with no other markings. Said
point being a point on the west boundary line of the Michael Sims parcel (also known as West
Willow Creek Ranches as per map of survey filed and on record in the Lincoln County Clerk's
Office as receiving #940192), Said Michael Sims parcel being described and recorded in book
580 on page 123.
Thence S 0 °01'57" W, along said vvest boundary line of the Michael Sims Parcel and the
Douglas Parcels as described and recorded in book 650 on page 272 on file in the Lincoln
County Clerk's Office, 1982.00 feet to the W 1/16 corner of said Section 36 and being a point on
the township line being T.22N. and T.21 N. Said point being monumented by a 3" dia. Aluminum
cap on a rebar stamped "Uinta Engineering Surveying Inc., T22N, R116W, W 1/16, S36, RLS
482, 2006" with other appropriate markings.
Thence S 89° 37'26 "W along said township line, 1021.71 feet to the point of beginning.
00268