HomeMy WebLinkAbout968186Exhibit "A"
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RETURN TO Farm Credit Services of America, PO Box 878
PREPARER: Casper, WY 82602
Farm Credit Services of America
RECEIVED 11/27/2012 at 4:23 PM
RECEIVING 968186
BOOK: 799 PAGE: 184
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: November 20, 2012
Mortgagor(s):
Darcey Grant Barrus and Tara Elizabeth Barrus, husband and wife
Mortgagor(s):
Marc Brown Barrus, A/K/A Marc Barrus and Linda Rich Barrus, husband and wife
Mailing Address: 1115 E 1100 N
American Fork, UT 84003 -3212
FORM 5014 (10 -2011)
Anderson, Tracee P
(307) 577 -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:
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 Mortgagors) 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
11/20/2012 68,000.00
App 5169605; CIF 276603; Note 201 401TA Legal Doc. Date: November 20, 2012
FORM 5014, Real Estate Mortgage Page 1
0018,
Provided, however, that the total principal indebtedness outstanding and secured hereby at any one
time will not exceed the sum of SIXTY -EIGHT THOUSAND ($68,000.00), exclusive of interest and
protective advances authorized herein or in the loan agreement(s).
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 November 1, 2027.
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
App 5169605; CIF 276603; Note 201 401TA Legal Doc. Date: November 20, 2012
FORM 5014, Real Estate Mortgage Page 2
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
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.
ce Grant a': rus
(t.A.— rvors 60m,---
Ma c Brown Barrus
SHEtLEY SANDAtL NOTARY PUBLIC
(SEAL) CaoNyof swot
Wyoming
lotus
Tara Eliza eth Barrus
L da Rich Barrus
INDIVIDUAL BORROWER ACKNOWLEDGMENT
STATE OF
)ss
COUNTY OF
On this Nay of November, 2012 before me, a Notary Public, personally appeared
Darcey Grant Barrus and Tara Elizabeth Barrus
to me known to be the person(s) named in and who executed Ile foregoing instrument, and
acknowledged that they executed the same as t it voluntary act and deed.
(Type name under signatbire) t it i t I
My commission expires a (y Notary Public in and for said County and State
App 5169605; CIF 276603; Note 201 401TA Legal Doc. Date: November 20, 2012
FORM 5014, Real Estate Mortgage
Page 3
INDIVIDUAL BORROWER ACKNOWLEDGMENT
STATE OF VA/10 h4 1
I )ss
COUNTY OFF,� ,[(A
On this/ 3r" day of November, 2012 before me, a Notary Public, personally appeared
Marc Brown Barrus and Linda Rich Barrus
to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary act and deed.
1
SHEUPt s+UUau.� NoTAt2Y PUSUC
(SEAL) of '4a s F
My commission expires b
EXHIBIT "A"
(Type name under signature)
1 ,(I ,-mil/
Notary Public in and for said County and State
Parcel '1
That part of GLO Lot. 1, GLO Lot 2 the NW' /<NE%4 and the SW'/�NEY4'of Section 27, T31NR119W; Lincoln
County, Wyoming,. being part of that tract of record in the Office ofthe Clerk of Lincoln County in Book 31.0PR
on page 377 and in Book 777PR on page 372, described as follows:
BEGINNING at the southeast corner of said NWY4NEY;
thence SO4 °23'52 "E, 43.04 feet, to a point on an existing east -west fence line;.
thence westerly along said fence line as follows:
N88 °55.'25 "W, 396.25 feet, to a point;
N8 °32'55 .94.04 feet, to a point;
N82 °35'21 "W, 36:94 feet, to a point;
N85 °53'1:9 "W ;'81.91 feet, to a point;
S82 °20'48 6 W; 143.64 feet, to a point;
S78 11'37" W, 138.19 feet, to a point;
N43 04'23 "W; 24 :94 feet, to a point, and leave said fence line;
thence NO2 3.7'40 "W, 55:27 feet;'te a point on'the south line of said NWANEY;
thence. N89 26`14 "W,.411,82 feet, along said south line to the southwest corner thereof;
thence N00 °31'16: "E, 1209.79 feet, along the west line of said NW' /4NE "l, to a point on an existing east -west
fence line, identical with the south line of that tract of record in said Office in Book 401 PR on page 65;:
thence N89 °49'32 "E, 1319.92 feet, along said fence line, to a point of the east line'of said NW' /NE%;
thence continuing, N89 °49'32 "E, 182.86 feet, along said fence line, to an intersection with an existing
north -south fence line;
thence S0 °25'05" W, 340.47 feet, along said fence line, to a point on the north right-of-way line of a Sixty (60)
foot Access Easement;
thence 345 1, 3'02 "E, 30.01 feet, to a spike on the centerline of Big Ridge Road;
thence 843 °3025 "W, 304.60 feet along said centerline to a spike on the east line of said NWY44NE'/;
thence S00 °47'23 "W 644.76 feet, along said east line, to the CORNER OF BEGINNING;
Parcel 2
Easement for ingress and egress for the benefit of Parcel 1 as created and described by Easement dated
March 1, 2010 and recorded March 9, 2010 in Book 743PR on page 458 of the records of the Lincoln County
Clerk.
001.V
App 5169605; CIF 276603; Note 201 401 TA Legal Doc. Date: November 20, 2012
FORM 5014, Real Estate Mortgage Page 4