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HomeMy WebLinkAbout967909$50,000.00 LINCOLN COUNTY, WYOMING November 12, 2012 For value received the undersigned (hereinafter being referred to as the "Borrower promises to pay to the order of Mauri Ventures LLC (hereinafter "Lender at Lender's address of 2345 N. Woodruff, Idaho Falls, Idaho 83401 (or such other address as may be designated in writing by Lender), the sum of Fifty Thousand Dollars ($50,000.00) in accordance with the terms of a certain Mortgage dated November 12, 2012 (hereinafter the "Mortgage The amount owed to Lender pursuant to this Promissory Note shall be repaid according to the following terms and conditions: Maturity Date: Annual Interest Rate: Payment Schedule: PROMISSORY NOTE March 1, 2013 Twelve Percent (12 APR Lump Sum Due on Maturity Date In the event Borrower defaults or if Borrower breaches or otherwise fails to comply with the terms of the Mortgage, Lender at its option may pursue any and all remedies allowed by law, including but not limited to specific performance or foreclosure of the mortgage granted as security for this Promissory Note. Payments shall be applied first to interest upon the unpaid balance of principal and the remainder to principal until the debt shall have been paid in full. If this Note or any amount due hereunder shall not be paid when due, the undersigned Borrower agrees to pay reasonable attorney fees and all costs of collection. ADDITIONAL PROVISIONS. The undersigned Borrower agrees that the following additional provisions (which shall serve only to expand the rights of Lender and not to restrict the rights of Lender and obligations of Borrower as set forth above) shall govern this Promissory Note: DEFAULT. Borrower will be in default if Borrower or any subsequent owner of the Premises (as that term is defined in the Mortgage): 1. takes any action prohibited by the Mortgage; or 2 fails to perform any obligation secured or required by the Mortgage; or 3. files a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due. This Note shall be governed by and construed in accordance with the laws of the State of Wyoming. Promissory Note Page 1 of 2 RECEIVED 11/13/2012 at 1:27 PM RECEIVING 967909 BOOK: 798 PAGE: 34 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage on real property located in Lincoln County, all the terms and conditions of which are hereby incorporated and made a part of this Note Mortgage. THE UNDERSIGNED ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ABOVE PROVISIONS OF THIS PROMISSORY NOTE. THE UNDERSIGNED AGREES TO THE TERMS OF THIS PROMISSORY NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. STATE OF WYOMING COUNTY OF LINCOLN Deadman Ranch LLC BY Daniel A. Sch ab; 1GManaging Member of Trout Unlimited Property Management-E any, LLC )S S. On this /5 day of�°� 2012, the foregoing instrument was acknowledged before me by Daniel A. Schwab, who acknowledges to be the Managing Member of Trout Unlimited Property Management Company LLC and that said instrument was signed and sealed on behalf of said limited liability company by authority of its members for the purposes therein contained, and said signee acknowledges said instrument to be the free act and deed of said limited liability company. Witness my hand and official seal. My commission expires: i4 ua'4il SEAL Notary Public Promissory Note Paget of 2 KENDALL K ERICKSON NOTARY PUBLIC WYOMING Lincoln- County My Commission Expires May 18, 2016 00035 EXHIBIT "A" MAYFIELD 160 ACRE PARCEL DESCRIPTION (November 12, 2012) Township 25 North, Range 117 West, 6 P.M., Lincoln County, Wyoming Section 8 SW1 /4SW1/4 (40 ac) Section 17 W1 /2NW1/4 (80 ac); NW1 /4SW1 /4 (40 ac) 0003 EXHIBIT `B" DEADMAN WILLOW PARCEL DESCRIPTION (November 7, 2012) Beginning at HES 116 Corner No. 3 located in T34N R116W of Lincoln County, Wyoming S44 16'55 "E 435.85', thence N77 05'29 "E 22.24', thence S65 12'35 "E 112.40', thence N69 47'51 "E 47.98', thence N88 04'00 "E 47.81', thence N64 20' 16 "E 112.57', thence N46 06' 10 "E 38.40', thence N07 10'04 "W 20.00', thence N64 12' 12 "E 39.65', thence N89 14'06 "E 51.76', thence S66 20'37 "E 46.13', thence N84 29'57 "E 59.64', thence N45 18' 17 "E 65.30', thence N57 10'42 "E 92.94', thence N44 08' 18 "E 85.96', thence N51 42'45 "E 92.90', thence N06 13' 13 "E 107.25', thence N26 58'50 "W 114.70', thence N50 24'55 "W 68.30', thence N65 26'24 "W 102.08', thence N40 53'12 "W 41.38', thence N66 20'24 "W 71.44', thence N76 58'23 "W 153.12', thence N70 35'12 "W 77.79', thence N54 20'35 "W 64.65', thence N72 16'44 "W 64.42', thence N50 39'41 "W 61.90', thence S78 55'54 "W 78.66', thence S38 37'35 "W 125.85', thence N51 22'25 "W 22.49', thence S33 19'01 "W 469.31' to the POB Apprx 13.43 acres 00037