HomeMy WebLinkAbout968585Order No.: ATEC- 167074
RECEIVED 12/19/2012 at 2:04 PM
RECEIVING 968585
BOOK: 801 PAGE: 61
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
North Forty Properties, LLC of P.O. Box 651 Thayne, WY 83127, (herein collectively called
`MORTGAGOR to secure the payment of $250,000.00, with interest thereon, as provided in
and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is
December 7, 2017) and all renewals, modification and extensions thereof, do hereby mortgage
unto Dee W. Call of 88500 N. Hwy 89, Afton, WY 83110 (herein called "MORTGAGEE
the following described real property, situate in the County of Lincoln, State of Wyoming, hereby
releasing and waiving all rights under and by virtue of the homestead exemption laws of the State
of Wyoming, to -wit:
Parcel 1: GLO Lot 1 of Section 19, Township 34 North, Range 118 West of the 6th P.M.,
Lincoln County, Wyoming.
Less and except the land described in Quitclaim Deed recorded October 4, 2004 in Book 569PR
on page 17 of the records of the Lincoln County Clerk.
Also less and except the land described in Quitclaim Deed recorded October 4, 2004 in Book.
569PR on page 19 of the records of the Lincoln County Clerk.
Parcel 2: Lots 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 17, 20, 21, 22, 26, 27, 28, 29, 30, 31 and Park Lot
and all private roadways of the North Forty Phase One, Lincoln County, Wyoming, as shown on
the official plat thereof filed July 6, 2007, as Receiving No. 930990 in the office of the Clerk of
Lincoln County, Wyoming, as Plat No. 930990.
Parcel 2 -A: Together with a right of ingress, egress and utilities over, under and across the West
30 feet of the land in Section 19, Township 34 North and Range 118 West of the 6th P.M.,
Lincoln County, Wyoming reserved in Quitclaim Deed recorded October 4, 2004 in Book 569PR
on Page 15 of the records of the Lincoln County Clerk.
Also a right of ingress, egress and utilities over, under and across the West 30 feet of the land in
Section 19, Township 34 North and Range 118 West of the 6th P.M., Lincoln County, Wyoming,
reserved in Quitclaim Deed recorded November 15, 2004 in Book 572PR on page 527 of the
records of the Lincoln County Clerk.
Parcel 2 -B: Also together with a 60 foot wide right of way, easement as described in that certain
Easement, recorded as Receiving No. 944452 in Book 712, page 312, with the Office of the
Lincoln County Clerk.
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and
charges levied against the property, as the same become due and payable; to secure, maintain and
furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers
acceptable to MORTGAGEE, covering the insurance improvements on the Property against loss
by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of
the debt hereby secured, or the insurable value (replacement cost) of such improvements,
whichever is less, which insurance shall contain an appropriate loss payable provision protecting
MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time.
In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain
such insurance as herein provided, MORTGAGEE may pay such taxes and assessments and may
secure and pay for such insurance, and all sums so paid shall be added to and considered a part of
the indebtedness hereby secured and shall draw interest at the same rate.
In case default shall be made in the payment of the above sums hereby secured, or in the payment
of the interest thereon, or any part of such principal or interest, when the same shall become due;
or in case of default shall be made in any of the covenants and agreements thereof, or in the event
MORTGAGOR sells or conveys the Property, or any part thereof, or any interest therein, without
the prior written consent of the MORTGAGEE first had and obtained, then the whole
indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of
MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by
advertisement and sale /or as otherwise authorized by governing law, to foreclose on and sell the
Property, and out of the proceeds of such sale,
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MORTGAGEE shall pay all sums due hereunder, together with all costs of sale including
reasonable attorney's fees. If the proceeds of the foreclosure sale are insufficient to pay the
indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a
deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE
shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to
all rents, issues and profits from the accruing of any such rights and during the pendency of the
foreclosure proceedings, and the period of redemption, if any there be.
If all or any part of the subject real property, or an interest therein is sold, conveyed or contracted
to be sold or transferred in the future by agreement without the Beneficiary's prior written
consent excluding transfer by devise, descent or operation of law, the Beneficiary may, at
Beneficiary's option, declare all sums secured by this Mortgage to be immediately due and
payable. If the Beneficiary shall waive the option to accelerate as provided by acception in
writing an assumption agreement of the successor in interest, Beneficiary shall then release
Grantor under this Mortgage and Note.
MORTGAGOR warrants title to the Property as to parties claiming, by, through or under the
MORTGAGOR only.
Witness our hands this t 2 day of December, 2012
North Forty Properties, LLC
e1 Merritt, Member
S erry Merritt f embe
Aaron Brown, Member
Shanna Brown, Member
State of Wror,►-?-u/i79
County of
This Instrument was acknowledge before me on J day of December, 2012 by
Members of North
Fo 'y Properties, LLC.
Witness my hand and official seal.
My commission expires:
GLORIA K. BYERS NOTARY PUBLIC
County of State of i��T=
Lincoln Wyoming
My Commisson Expires Septemher 15, 2015
/1 /dye 2-4
Notary Public
MORTGAGEE shall pay all sums due hereunder, together with all costs of sale including
reasonable attorney's fees. If the proceeds of the foreclosure sale are insufficient to pay the
indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a
deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE
shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to
all rents, issues and profits from the accruing of any such rights and during the pendency of the
foreclosure proceedings, and the period of redemption, if any there be.
If all or any part of the subject real property, or an interest therein is sold, conveyed or contracted
to be sold or transferred in the future by agreement without the Beneficiary's prior written
consent excluding transfer by devise, descent or operation of law, the Beneficiary may, at
Beneficiary's option, declare all sums secured by this Mortgage to be immediately due and
payable. If the Beneficiary shall waive the option to accelerate as provided by acception in
writing an assumption agreement of the successor in interest, Beneficiary shall then release
Grantor under this Mortgage and Note.
MORTGAGOR warrants title to the Property as to parties claiming, by, through or under the
MORTGAGOR only.
Witness our hands this 2 day of December, 2012
North Forty Properties, LLC
Merritt, Member
S erry Merrit* mbe
Sh nna Brown Member
State of (Aid J ovni./ y�
County of
This Instrument was acknowledge before me on 1 day of December, 2012 by
Members of North
e..
o Properties, LLC.
Witness my hand and official seal.
My commission expires:
GLORIA K. BYERS NOTARY PUBLIC
County of C State of
Lincoln ��a Wyoming
My Commisson Expires September 15. 201S
State of a L)
County of
rown, Member
Tr's Instrumen
Forty Properties, LLC.
Witness my hand and official seal.
,41Pa -,Za.
Notary Public
as acknowledge before me on t 2 day of December, 2012 by
00063
PATRICIA MAHONEY
Notary, Public
STATE OF TEXAS
My Comm. Exp. 06 -10 -16
My commission expires: 1.4 0
No ry Public