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MORTGAGE
JULIUS MARTIN NICELY, III, a married man
Mortgagors of Gaitlinburg, County of' S evier , State of Tennessee, hereby mortgatze to
MORITZ BERGMEYER, a single man
Mortgagee of 229 N. Highway 33, Driggs Idaho 83422
for the sum of Thirteen thousand seven hundred fifty dollars ($13,750.00)
the following described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving.
all rights under and by virtue of the homestead' exemption laws of the State, to wit:
SEE ATTACHED EXHIBIT "A"
The subject property is not occupied by Mortgagors as a Homestead and is not subject to the Homestead
Laws of the State of Wyoming.
This mortgage is given to secure the following indebtedness:
One note of even date herewitti for $13',750.00 made payable at the 'times and place and at the rate of
interest specified in the note.
This mortgage is intended to cover the rents and profits of said property, and consent is hereby given after default, for the appointment of
a receiver by any competent court and the receiver is bereby authorized to rent the said property and apply the proceeds on this obligation.
The Mortgagors agree to keep the buildings now on said premises or hereafter erected thereon fully insured against loss by fire in some
fire insurance company approved by the mortgagee, with loss, if any payable to mortgagee, during the life of this mm'tgage.
The Mortgagors also agree'to pay all taxes and assessments on said premises, including any assessments that may be levied on water
rights or shm'es of stock used in connection herewith, or held as collateral with the above note; also any tax that may be assessed by reason
of this mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the commencement of any legal
proceedings for foreclosure of the same, and said attorney's fees shall be added to the ammmt due on this mortgage, and made a lien on the
premises described herein, In case of default in the payment of any sum covenanted to be paid, either the principal or interest when the
same shall become due and payable, or in case of default in the performance of any covenant herein contained, the whole ammmt of this
indebtedness secured herein may be immediately declared due and payable, and to bear interest at the rate of i0 percent per annum from
the date of such default, and this, mortgage foreclosed at the option of the legal holder. In the event of default, Mortgagors grant to
Mortgagees a Power of Sale to fbreclosc on and sell said property as public auction pursuant to 34-4-101 et seq. Wyo. Stat., 1977, or its
successor, r'
WITNESS the hand of said mortgagor, this 26t'.h day of July, A.D. 2001
Signed in the presence of, J~s.~.~ ~_~:~Martin~'~Nic/ely,;b~:~ '~4"{~r'-~/~-'III ~
State of Tennessee }
County of S~vze~., }
On the Z~/~:? day of July, A.D. 2001, personally appeared~ before me, Julius Martin 'Nicely,
and the signer of the within instrument, who duly acknowledged to me that he executed the same.
Commission expires:
Description - Ber me. er Adjusted - 35.000 Acres
,.? .The ~roperf~ referred fo in ~h~ Deed recorded in Book J74PR, on Page 2~P and a
port~on of the property referred fo ~b fhe Deed recorded in Book J74PR, on
~ ' e
Page 250, b ing vithin the SE1/4S 1/ of Sect on J4, TJ6 RlI9 of fh 6th.
P.M, bcated Norfhwest from Etna, Lincoln County, Nyoming, the boundary being
more particularly described as fo/lows:
BEGINNING at an iron Pipe marking a poi~,{ in ftie Sou~h i/ne of sam Sect~bn
said poini being 2,779.~6 feet NB9'07'12 ~ abng saM, South line from the
B.L.~ type Monument marking the Lbyd B. Baker PE/LS 698 1979, bca~bn for
the Southeast Comer of sam Secfbn J4 (SJ4-5'~5 TJ6~ R119W / Sd-S2 TJ5A
R1'I9W~, thence N89 0712 ~ along sam South line, 1,076.,~1 feet,to a P.~ Nail
marking the Intersection of sam South line and the Ceg~er Lin~ of Roberts -
~olfle~ County Road 12-109, sam point being 1J6. B2 feet fro~ the B.L.~ type
Monumen~ marMng the Marlowe A. Scherbel 1994, bcaiion for the Southwest
Comer of sam SEI/fSW~/4 (W1/16 S~4, TJ6N, R119W / ~J, TJ5N, R119W)
a point in '~ 6JO. O0 foot Radius Curve to the Right' thence Norfher~, along
~aM Center tine the 'fo#owinq: ~bng sam 6.~0 O0 foot Radius Ourve to the
Right through o central angb of 13 ~0 ~ (chord bears NT~ 08~1 ~ .40.91~
fee0 on arc d/s'~o, qce of 141.211 feet fo ~ P. ,K Noi~ NS'4J'14"W 320.05 feet
to o P~ No# markinq the beg/nh/rig of o 2,'058.00 foot Rod/us Curve to the
'R~qht, alan sa~d z, OuS. 00 foot Radzus curve ~o the R~gh(. througfl ~ cenfr 1
cnob of 12 ~0~0 (chord beors ~2 J2 59 W 442,44 fe~ U on otc d~stonce, of
4~3,299 feet fo o P,~ No/~ N3'J7'16'~- 152.22 feet fo o P.~, Nail marking
the beg~bn/ng of a 1~50~.00 foot Curve to lhe Left, obng sam ~7,50~,00
foot Curve to the Left through a central ong/~ of 0 5J5~ (chord beers
~J'10'19'~~) on arc distance of 274..J71 feet to the P.K. ~ail morMng the
IntersectiOn of the Center L/ne o~ ~oberts - Wo/fley County ~oad 12-109 and
the North line of sam SE1/4SW1/4, SaM P.t( ~off be/ng 14.~5 feqt S88'54'01"E
from the Referenced 'Spike morMng the Morbw~ A. S~he~bel P~S 5J6~ 1994,
bca{bn ~ fhe Northwest Cart, er of sam SE1/4~1/4 (gW1/16 ~34); thence
~88 ~4'01 ~ continuing along sum North tine 1,15Z21 feet to on' iron P~e; ' '"
fhence South ~'J14.56 feet, to ~he Point of Beg/nn/ng,. ca-~tai:nina 35.000 AcheS-
of Land .... .
"' A 60 foof R/gh~-of-Wsy Easement for ]ngress, Egress qnd U~/li~bs,
qlong ~he Sou~h. I/ne of tbs ~bove descrbed proper~y.
SUBJECT 70: Thq~ porffon of o 60 foot R/gh~-of-Nqy Essement wf~h~b ~he Roberts
- Wo/f/ev. Cous? RouJ !2-10~, ss referred ~o b the ~ighf-of-Di'~y Essemes~
recorded in Book 2z6PR, on 7~5 ~/~/ onu t.he Affidsw~ recorded ~n Book 21JPR,
on Psge
TOOETH~TR W/TH snd SUBJECT TO: All Eusemen~, Exceptions, Resfr/ctbns;
~eservqt/ons, ~/ghts-of-Nuy end/mprovemen'ts of s/gh~ ond or