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Home My WebLink About967910RECEIVED 11/13/2012 at 1:28 PM RECEIVING 967910 BOOK: 798 PAGE: 38 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE Deadman Ranch, LLC, a Wyoming limited liability company whose address is P.O. Box 550, Afton, Wyoming, referred to as "Mortgagor," to secure the payment of Fifty Thousand Dollars ($50,000.00) as evidenced by a Promissory Note (hereinafter the "Note of even date herewith, and all other amounts due thereunder and all extensions and renewals thereof, when and as the same shall become due and payable hereby mortgages and warrants to Mauri Ventures, LLC, "Mortgagee" and Mortgagee's successors and assigns, the real property in Lincoln County, Wyoming described as: See attached Exhibit A& B TOGETHER WITH all easements and rights of way appurtenant thereto, all buildings, structures, improvements, fixtures, appliances, equipment, and other articles of real property of every kind and nature, all water and water rights, all shrubs, trees, crops, and plants (all of the above being collectively referred to as the "Premises THE MORTGAGOR HEREBY COVENANTS AND AGREES WITH THE MORTGAGEE AS FOLLOWS: 1. This Mortgage is given to secure payment and the Mortgagor promises to pay to Mortgagee the amount of Fifty Thousand Dollars ($50,000.00) as evidenced by a Promissory Note of even date herewith, and all other amounts due thereunder and all extensions and renewals thereof, when and as the same shall become due and payable. Each such payment shall be applied first to the payment of interest and any balance remaining after the payment of interest shall be applied to the reduction of the unpaid principal balance. 2. Time is of the essence and if any amount shall not have been paid when due as provided in this Note, the entire indebtedness may become due and payable at once at the option of the holder and without notice; failure to exercise this option howsoever often shall not constitute a waiver of the right to exercise it thereafter. If any other event of default shall occur as provided in the Note or this Mortgage, and if Mortgagor after receiving written notice from Mortgagee demanding cure of such default fails to cure the same within 15 days after such notice, the entire indebtedness may become due and payable at once at the option of the Mortgagee and without notice; failure to exercise this option howsoever often shall not constitute a waiver of the right to exercise it thereafter. Mortgage Page 1 of 3 00038 3. Mortgagor shall pay or cause to be paid all taxes and assessments levied or assessed against the Premises, and shall comply with all recordation and other laws affecting the security of this Mortgage at the expense of Mortgagor. 4. Mortgagor will keep the Premises free and clear of all other liens and encumbrances which may be or become superior to the lien created hereby. 5. Mortgagor will not commit or permit waste on the Premises and will keep and maintain the Premises in good repair. 6. Mortgagor will pay all expenses and attorney's fees incurred by the Mortgagee, successors or assigns, for the protection of the lien of this Mortgage or for the collection of any amount due on the instrument which this Mortgage secures or for the preservation of the Premises mortgaged. 7. Mortgagor will comply promptly, at the expense of the Mortgagor, with all laws, statutes, ordinances and regulations affecting the Premises in any manner whatsoever. 8. In case an event of default shall occur in making payments or performing any other covenants or agreement required of Mortgagor as provided in the Note or this Mortgage, the Mortgagor hereby authorizes and empowers the Mortgagee, and Mortgagee's successors and assigns to foreclose this Mortgage by advertisement and sale as provided by the statutes of the State of Wyoming or to foreclose this Mortgage by judicial proceedings and convey the same to the purchaser in accordance with the statutes of the State of Wyoming. 9. Failure to exercise any right, power or options herein granted to the Mortgagee, howsoever often shall not constitute a waiver thereof and shall not estop the Mortgagee from exercising any such right, power or option at any time or upon any subsequent default of the Mortgagor. All rights and remedies given or reserved to the Mortgagee herein shall be cumulative and may be exercised contemporaneously but the exercise of one or more such rights or remedies shall not exclude or prevent the exercise of Mortgagee's other rights or remedies. 10. The Mortgagor specifically warrants that Mortgagor is fully authorized to enter into this Mortgage, and that the acquiescence or approval of no other person is required for Mortgagor to enter into same on the terms found herein. Mortgage Page 2 of 3 00039 11. Mortgagor agrees that all of the terms and conditions contained in the Note are incorporated into and made part of this mortgage. 12. All warranties, covenants, promises, undertakings, agreements, rights, powers, privileges, benefits, obligations and remedies imposed upon or granted or reserved unto the said parties by this instrument shall survive the execution and delivery hereof and shall respectively extend to and be binding upon the respective heirs, executors, administrators, successors and assigns of said parties. 13. This Mortgage shall be construed according to the laws of the State of Wyoming. IN WITNESS WHEREOF, the parties have signed and sealed this Mortgage this j day of November, 2012. BY: Daniel A. Schwab, nagirrgMe ber ofT out Unlimited Property Management Company LLC, M.g...Mernber of Deadman Ranch, LLC, Mortgagor STATE OF WYOMING ss. COUNTY OF LINCOLN On this %5 day of /l4tp�,I� 2012, the foregoing instrument was acknowledged before me by Daniel A. Schwab, who acknowledges to be the Managing Member of Deadman Ranch, LLC in behalf 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: SEAL KENDALL K ERICKSON NOTARY PUBLIC WYOMING Lincoln County My Commission Expires May 18, 2016 Notary Public Mortgage Page 3 of 3 00 Q 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) u004 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