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HomeMy WebLinkAbout964719MORTGAGOR: RANDALL C. PERRY Spouse of CAROL DEE PERRY 777 HIGHWAY 237 AFTON, WY 83110 CAROL DEE PERRY Spouse of RANDALL C. PERRY 777 HIGHWAY 237 AFTON, WY 83110 RANDALL C. PERRY Wyoming Mortgage WY/ 4XJNEWELL00000000000625043051712N 1111111 1 0 1 7 111111011 1 1111111111 011 0 1 7 1 11111 01113 0 6/ 1 11111111111 1 11111111 11111111111 11111111111111111111111 1110 2 0 111 11111 0111 1 2 1111 111 2 4 4 0 5 1 6 Space Above This Line For Recording Data MORTGAGE LENDER: THE BANK OF STAR VALLEY Organized and existing under the laws of Wyoming 384 Washington P.O. Box 8007 Afton, WY 83110 SEE EXHIBIT "A" ATTACHED HERETO MADE A PART HEREOF 0 0 1 '9 RECEIVED 5/24/2012 at 11:14 AM RECEIVING 964719 BOOK: 786 PAGE: 619 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DATE AND PARTIES. The date of this Mortgage (Security Instrument) is May 16, 2012. The parties and their addresses are: HUSBAND AND WIFE, SUBJECT TO LIFE ESTATE AS RESERVED IN WARRANTY DEED, RECORDED APRIL 10, 1980, BOOK 164 P.R., PAGE 544 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 does hereby grant, bargain, convey, mortgage and warrant to Lender, with the power of sale, the following described property: Wolters Kluwer Financial Services ®1996, 2012 Bankers SystemsTM Page 1 00620 The property is located in Lincoln County at 77 HIGHWAY 237, AFTON, Wyoming 83110. Together with all rights, easements, appurte ances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock, rops, timber, all diversion payments or third party payments made to crop producers and all existing and future i provements, 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. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other a reement, No. 0170017306, dated May 16, 2012, from Mortgagor to Lender, with a loan amount of $235,000. O. B. Sums Advanced. All sums advanced a d expenses incurred by Lender under the terms of this Security Instrument. II 3. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 4. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security inte est or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to p rform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or exte agreement secured by the lien document wi sion of, nor to request any future advances under any note or hout Lender's prior written consent. 5. CLAIMS AGAINST TITLE. Mortgagor will ay 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 _ender, 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. 6. DUE ON SALE OR ENCUMBRANCE. Lender to be immediately due and payable upon the c transfer or sale of all or any part of the Proper (12 C.F.R. 591), as applicable. 7. WARRANTIES AND REPRESENTATIONS. Instrument. The execution and delivery of t Mortgagor or to which Mortgagor is a party. 8. PROPERTY CONDITION, ALTERATIONS AN 1 and make all repairs that are reasonably necess deterioration of the Property. Mortgagor will agrees that the nature of the occupancy and consent. Mortgagor will not permit any chang: prior written consent. Mortgagor will notify Mortgagor, and of any loss or damage to the Pr No portion of the Property will be removed, de except that Mortgagor has the right to remove become worn or obsolete, provided that such may, at its option, declare the entire balance of the Secured Debt reation of, or contract for the creation of, any lien, encumbrance, t y. This right is subject to the restrictions imposed by federal law ortgagor has the right and authority to enter into this Security is Security Instrument will not violate any agreement governing INSPECTION. Mortgagor will keep the Property in good condition ry. Mortgagor will not commit or allow any waste, impairment, or eep the Property free of noxious weeds and grasses. Mortgagor use will not substantially change without Lender's prior written in any license, restrictive covenant or easement without Lender's ender of all demands, proceedings, claims, and actions against perty. olished or materially altered without Lender's prior written consent items of personal property comprising a part of the Property that ersonal property is replaced with other personal property 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 aartition or subdivide the Property without Lender's prior written consent. RANDALL C. PERRY Wyoming Mortgage WY/ 4 XJNEWELL00000000000625043051712N Wolters Kluwer Financial Services 1996, 2012 Bankers SystemsTM IIIIII VIII �IIII VIII VIII VIIIVIII �IIII VIII VIIIVIII I I IIIVIII2 VIII it l I I III VIIIVIII1 IIII�2 IIIII III III) Page 2 RANDALL C. PERRY Wyoming Mortgage W Y /4XJ N E W ELL00000000000625043051712 N IIII IIIII IUI I I I II II IIIII 1 11111 1 11111 IM I II I UI I III III UUI 111 IIIII I0 IIIII III 010II II0I I0II IIII 0 1 7 0 0 1 7 3 0 6/ 1 2 4 4 0 5 1 6 2 0 1 2 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. 9. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender'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 take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 10. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, 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 (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise prohibited or prescribed by state law, Mortgagor agrees that Lender may take actual possession of the Property without the necessity of commencing any legal action or proceeding. Mortgagor agrees that 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. Immediately after Lender gives Mortgagor the notice of default, Mortgagor agrees that either Lender or Mortgagor may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender Wolters Kluwer Financial Services 0 1996, 2012 Bankers SystemsTM Page 3 RANDALL C. PERRY Wyoming Mortgage WY /4XJNE W ELL00000000000625043051712N II 0 II 11111111 II11 II Il 111111111 I IIII Il 1 o I III 1IlI 1111 I II IlI0 11 114111111111111111 31111 III 017001 7 3 0 6/ 1 2 4 4 00622 harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 11. DEFAULT. Mortgagor will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments. Mortgagor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Mortgagor, Borrower, or any co- signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Mortgagor's financial condition from the conditions set forth in Mortgagor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 12. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing 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 any other notice rights Mortgagor may have under federal 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 an Event of Default or anytime thereafter. Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or limited warranty deed, Lender will covenant that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Lender. The recitals in any deed of conveyance will be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising Wolters Kluwer Financial Services 0 1996, 2012 Bankers Systeme"' Page 4 any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 13. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. 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 employee of Lender. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Mortgagor. 14. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will 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 will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor 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 the 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 tenant 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 underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude RANDALL C. PERRY Wyoming Mortgage WYl4XJ N E W ELL00000000000625043051712 N III I II 1 7 1111 0 1111 0 111111 111 1111111111 1 11111111 1 1111111 1 111 1 II 1111I 11 I 1 111111 1 0 1111110111 1 1 1111 0 2 2 Wolters Kluwer Financial Services ©1996, 2012 Bankers Systeme"' Page 5 1Illl1111111111111 III11 111111111111111 1111111111111111111111111111111 11111111111111111111111111111111111111111111 00624 of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. 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 to 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 section, (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 and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property 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 terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 15. 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, or 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 connected with a condemnation or other taking of all or any part 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 terms of any prior mortgage, deed of trust, security agreement or other lien document. 16. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss payable clause endorsement that names Lender as "mortgagee" and "loss payee If required by Lender, all insurance policies and renewals will also include an "additional insured" endorsement that names Lender as an "additional insured 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 comprehensive 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 to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Mortgagor will pay for the insurance on Lender's demand. Lender may demand that Mortgagor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance 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. Mortgagor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. RANDALL C. PERRY Wyoming Mortgage WY/ 4XJNEWELL00000000000625043051712N Wolters Kluwer Financial Services ©1996, 2012 Bankers SystemsTM Page 6 17. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 18. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 19. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 20. 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 individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 21. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 22. 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. 23. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Mortgagor will be deemed to be notice to all Mortgagors. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any other, correct and complete information Lender requests to effectively mortgage or convey the Property. Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. RANDALL C. PERRY Wyoming Mortgage WY /4XJNEW ELL000000000006 2 5 0430 5 1 7 1 2N 1111 1 1 7 1 1111111111111111111 0 1 7 3 111111111111111111110 6 1 1111111111111111111111111141 11 0 5 1 6 I I 1 1111111111111111111 11 111 1 111111111111 2 4 2 2 Wolters Kluwer Financial Services 0 1996, 2012 Bankers Systems"' Page 7 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: A DALL Individually A j 4 CAROL DEE 'ER' Individually LENDER: The Bank Of Star Valley Lance Robinson, Vice President ACKNOWLED ENT. i (Individual) j J'te OF at- 4`N 1 Cal el` OF Z VI L f. Al This instrument was acknowledged !Afore me this 1 142 day of RANDALL C. PERRY spouse of CAROL DEE PERRY, and CAROL DEE PERRY sp My commission expires: 3" I a Z-0 t, LANCE P. ROBINSON NOT Y PUBLIC COUNTY OF t STATE OF LINCOLN t WYOMING MY COMMISSION EXPIRES MARCH 18, 2016 1 0 1 7 0 0 0 1 1 1111 0 111 01 111,1111 111,111111 4 4/ 0 5 111111 6 2 0 1 1 11111111 II II I11I 2 1 1 11111 7 /0 Date '10 Y Date OJ 74 Date af6/2 G�� (Not y 'ublic) 00626 2 by NDALL C. PERRY. RANDALL C. PERRY Wyoming Mortgage WY/ 4 XJNEWELL00000000000625043051712N Wolters Kluwer Financial Services ©1996, 2012 Bankers System* Page 8 (Lender Acknowledgment) 00627 OF jjA4 !1J F 11 OA qs. This instrument was acknovidedged befbhre me this V ey. Y of a b y Lance P. Robinson as Vice President of The Bank Of S day 11.111111 11_,411 At My commission expires: JASMINE NEWELL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN {Y' WYOMING MY COMMISSION EXPIRES NOVEMBER 20, 2013 RANDALL C. PERRY Wyoming Mortgage WY/ 4XJNEWELL00000000000625043051712N 11111 DOr; 111111011111111111110111111111 111 111 1111111111111 01111111 11111111111 11111111 (Notary P Wolters Kluwer Financial Services °1996, 2012 Bankers Systeme"' Page 9 Exhibit "A" The Southwest Quarter of the Northwest Quarter (SW1 /4NW1/4) of Section One (1), and the Southeast Quarter of the Northeast Quarter (SE1 /4NE1/4) of Section Two (2), all in Township Thirty -Two (32) North, Range 119 West of the 6 P.M., Lincoln County, Wyoming, together with all water rights thereunto belonging. Beginning at a point which is Thirteen and One -third (13 -1/3) rods West and One Hundred and Twenty (120) rods South from the Northeast Corner of the Northwest Quarter Northeast Quarter (NW1 /4NE1/4) of Section Three (3), In Township Thirty -two (32) North, Range One Hundred and Nineteen (119) West of the Sixth (6 Principal Meridian, and running thence South One Hundred and Twenty (120) rods, thence West Thirteen and One -third (13 -1/3) rods, thence North One Hundred and Twenty (120) rods, thence East Thirteen and One -third (13 -1/3) rods, to the place of beginning together with improvements and water rights. Beginning at a point 1155 feet West and 528 feet South of the North Quarter Corner (N1/4 Corner) Section 1, Township 32 North, Range 119 West, 6th P.M., Wyoming and running South 792 feet, thence West 165 feet, to the point of beginning containing 3 acres more or less. TOGETHER WITH all improvements and water rights and all grazing permits. SUBJECT TO all easements, exceptions, restrictions, reservations, and rights to way of sight or record. 00628