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RECEIVED 5/23/2013 at 11:05 AM
RECEIVING 971132
BOOK: 812 PAGE: 262
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
KNOW ALL MEN BY THESE PRESENTS, that CHRIS AND DEBRA BARTON,
husband and wife, 15 Friendship Lane, Colorado Springs, Colorado 80904, (hereafter
"Mortgagor to secure the payment of the principal sum of ONE HUNDRED SEVENTY
THOUSAND DOLLARS AND NO CENTS ($170,000.00), as evidenced by a Promissory Note
dated of even date herewith, to the order of Kristi G. Heiner, Trustee, 3549 County Road 123,
Bedford, Wyoming 83112,(hereafter "Mortgagee to be paid as follows:
A. Upon the execution of this Mortgage and Promissory Note "Note of even date,
the Mortgagor agrees and states that the Mortgagor owes the Mortgagee the amount of ONE
HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($170,000.00), and will
pay the Mortgagee this amount plus an interest rate of zero (0 percent, and any additional late
charges and penalties, pursuant to the terms of this Mortgage and Note of even date.
B. At closing, on or before May 17, 2013, the Borrower will pay to the Noteholder,
one half of the entire amount of principal which shall be EIGHTY FIVE THOUSAND
DOLLARS AND NO CENTS ($85,000.00). On January 5, 2014, a final payment of EIGHTY
FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00), will be due and payable in full.
C. The Mortgagor may prepay the principal amount in whole or in part at any time
without penalty. Any partial prepayment shall be applied against the principal amount
outstanding and shall not postpone the due date of any subsequent installments or change the
amounts of such installments, unless the Mortgagee shall agree in writing.
MORTGAGOR hereby mortgages to Mortgagee, the following described real estate,
situated in the County of Lincoln, State of Wyoming:
See attached Exhibit A made a part of this document by reference and
incorporation.
Together with all water rights, mineral rights, improvements
and appurtenances thereon situate or in anywise appertaining
thereunto. Subject, however, to all reservations, restrictions,
exceptions, easements and rights -of -way of record or in use.
MORTGAGOR COVENANTS that Mortgagor is lawfully seized of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Mortgagor warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances of
record and additionally covenants and promises:
1. Payment of Principal, Interest, and Late Charges. Mortgagor shall pay when due the
principal of, and interest on, the debt evidenced by the Note of even date "Note and any late
charges due under the Note. Payments due under the Note and this Mortgage shall be made in
U.S. currency. However, if any check or other instrument received by Mortgagee as payment
under the Note or this Mortgage is returned to Mortgagee unpaid, Mortgagee may require that
any or all subsequent payments due under the Note and this Mortgage be made in one or more of
the following forms, as selected by Mortgagee: (a) cash; (b) money order; (c) certified check,
bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d)
Electronic Funds Transfer.
Payments are deemed received by Mortgagee when received at the location designated in
the Note or at such other location as may be designated by Mortgagee in accordance with the
notice provisions in this document and Note. Mortgagee may return any payment or partial
payment if the payment or partial payments are insufficient to bring the Mortgage current.
Mortgagee may accept any payment or partial payment insufficient to bring the Mortgage
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment
or partial payments in the future, but Mortgagee is not obligated to apply such payments at the
time such payments are accepted. If each Periodic Payment is applied as of its scheduled due
date, then Mortgagee need not pay interest on unapplied funds. Mortgagee may hold such
unapplied funds until Mortgagor makes payment to bring the Mortgage current. If Mortgagor
does not do so within a reasonable period of time, Mortgagee shall either apply such funds or
return them to Mortgagor. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which
Mortgagor might have now or in the future against Mortgagee shall relieve Mortgagor from
making payments due under the Note and this Mortgage or performing the covenants and
agreements secured by this Mortgage.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Mortgagee shall be applied to any amounts due under
Section 3. Any remaining amounts shall be applied first to late charges, second to accrued
interest due under this Mortgage, and then to reduce the principal balance of the Note.
If Mortgagee receives a payment from Mortgagor for a delinquent Periodic Payment
which includes a sufficient amount to pay any late charge due, the payment may be applied to
the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Mortgagee may apply any payment received from Mortgagor to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid in full. To the extent that any
excess exists after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied to
the principal of the Note if all other charges are current.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Note shall not extend or postpone the due date, or change the amount of the
Periodic Payments.
3. Charges; Liens. Mortgagor shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Mortgage, leasehold
payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments, if any. Mortgagee may pay any tax assessment or other costs associated with the
property, if delinquent. The amount paid shall accrue interest in the amount of 21% until paid by
the Mortgagor. Any delinquent tax, assessment or charge paid by the Mortgagee shall constitute
default under this security agreement. Mortgagor shall promptly discharge any lien which has
priority over this Mortgage unless Mortgagor: (a) agrees in writing to the payment of the
obligation secured by the lien in a manner acceptable to Mortgagee, but only so long as
Mortgagor is performing such agreement; (b) contests the lien in good faith by, or defends
against enforcement of the lien in, legal proceedings which in Mortgagee's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such
proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to
Mortgagee subordinating the lien to this Mortgage. If Mortgagee determines that any part of the
Property is subject to a lien which can attain priority over this Mortgage, Mortgagee may give
Mortgagor a notice identifying the lien.
Within 10 days of the date on which that notice is given, Mortgagor shall satisfy the lien
or take one or more of the actions set forth above in this Section 3.
4. Property Insurance. Mortgagor shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage," and any other hazards including, but not limited to, earthquakes and floods, for
which Mortgagee requires insurance. This insurance shall be maintained in the amounts of a
minimum of one hundred thousand dollars ($100,000.00). The insurance carrier providing the
insurance shall be chosen by Mortgagor subject to Mortgagee's right to disapprove Mortgagor's
choice, which right shall not be exercised unreasonably.
If Mortgagor fails to maintain any of the coverage's described above, Mortgagee may
obtain insurance coverage, at Mortgagee's option and Mortgagor's expense. Mortgagee is under
no obligation to purchase any particular type or amount of coverage. Therefore, such coverage
shall cover Mortgagee, but might or might not protect Mortgagor, Mortgagor's equity in the
Property, or the contents of the Property, against any risk, hazard or liability and might provide
greater or lesser coverage than was previously in effect. Mortgagor acknowledges that the cost
of the insurance coverage so obtained might significantly exceed the cost of insurance that
Mortgagor could have obtained. Any amounts disbursed by Mortgagee under this section shall
become additional debt of Mortgagor secured by this Mortgage. These amounts shall bear
interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Mortgagee to Mortgagor requesting payment.
All insurance policies required by Mortgagee and renewals of such policies shall be
subject to Mortgagee's right to disapprove such policies, shall include a standard mortgage
clause, and shall name Mortgagee as mortgagee and /or as an additional loss payee. Mortgagee
shall have the right to hold the policies and renewal certificates. If Mortgagee requires,
Mortgagor shall promptly give to Mortgagee all receipts of paid premiums and renewal notices.
If Mortgagor obtains any form of insurance coverage, not otherwise required by Mortgagee, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause
and shall name Mortgagee as mortgagee and /or as an additional loss payee.
In the event of loss, Mortgagor shall give prompt notice to the insurance carrier and
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Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor. Unless
Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds, whether or not
the underlying insurance was required by Mortgagee, shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Mortgagee's security is not
lessened. During such repair and restoration period, Mortgagee shall have the right to hold such
insurance proceeds until Mortgagee has had an opportunity to inspect such Property to ensure
the work has been completed to Mortgagee's satisfaction, provided that such inspection shall be
undertaken promptly. Mortgagee may disburse proceeds for the repairs and restoration in a
single payment or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such insurance
proceeds, Mortgagee shall not be required to pay Mortgagor any interest or earnings on such
proceeds. Fees for public adjusters, or other third parties, retained by Mortgagor shall not be
paid out of the insurance proceeds and shall be the sole obligation of Mortgagor. If the
restoration or repair is not economically feasible or Mortgagee's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then
due, with the excess, if any, paid to Mortgagor. Such insurance proceeds shall be applied in the
order provided for in Section 2.
If Mortgagor abandons the Property, Mortgagee may file, negotiate and settle any
available insurance claim and related matters. If Mortgagor does not respond within 30 days to
a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee
may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In
either event, or if Mortgagee acquires the Property under Section 18 or otherwise, Mortgagor
hereby assigns to Mortgagee (a) Mortgagor's rights to any insurance proceeds in an amount not
to exceed the amounts unpaid under the Note or this Mortgage, and (b) any other of Mortgagor's
rights (other than the right to any refund of unearned premiums paid by Mortgagor) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of
the Property. Mortgagee may use the insurance proceeds either to repair or restore the Property
or to pay amounts unpaid under the Note or this Mortgage, whether or not then due.
5. Preservation, Maintenance and Protection of the Property; Inspections. Mortgagor
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property. Mortgagor shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant
to Section 4 that repair or restoration is not economically feasible, Mortgagor shall promptly
repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property,
Mortgagor shall be responsible for repairing or restoring the Property only if Mortgagee has
released proceeds for such purposes. Mortgagee may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If
the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Mortgagor is not relieved of Mortgagor's obligation for the completion of such repair or
restoration.
Mortgagee or its agent may make reasonable entries upon and inspections of the
Property. If it has reasonable cause, Mortgagee may inspect the interior of the improvements on
the Property. Mortgagee shall give Mortgagor notice at the time of or prior to such an interior
inspection specifying such reasonable cause.
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6. Protection of Mortgagee's Interest in the Property and Rights Under this Mortgage. If
(a) Mortgagor fails to perform the covenants and agreements contained in this Mortgage, (b)
there is a legal proceeding that might significantly affect Mortgagee's interest in the Property
and /or rights under this Mortgage (such as a proceeding in bankruptcy, for condemnation or
forfeiture, for enforcement of a lien which may attain priority over this Mortgage or to enforce
laws or regulations), or (c) Mortgagor has abandoned the Property, then Mortgagee may do and
pay for whatever is reasonable or appropriate to protect Mortgagee's interest in the Property and
rights under this Mortgage, including protecting and /or assessing the value of the Property, and
securing and /or repairing the Property. Mortgagee's actions can include, but are not limited to:
(a) paying any sums secured by a lien which has priority over this Mortgage; (b) appearing in
court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or
rights under this Mortgage, including its secured position in a bankruptcy proceeding. Securing
the Property includes, but is not limited to, entering the Property to make repairs, change locks,
replace or board up doors and windows, drain water from pipes, eliminate building or other
code violations or dangerous conditions, and have utilities turned on or off. Although
Mortgagee may take action under this Section 6, Mortgagee does not have to do so and is not
under any duty or obligation to do so. It is agreed that Mortgagee incurs no liability for not
taking any or all actions authorized under this Section.
Any amounts disbursed by Mortgagee under this Section shall become additional debt of
Mortgagor secured by this Mortgage. These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notice from Mortgagee to
Mortgagor requesting payment.
7. Assignment of Miscellaneous Proceeds; Forfeiture. "Miscellaneous Proceeds" as used
in this section shall include any and all proceeds, awards, payments for restitution, or
judgments derived from claims arising out of any civil or criminal proceeding involving the
property.
All Miscellaneous Proceeds are hereby assigned to and shall be paid to Mortgagee. If
the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, if the restoration or repair is economically feasible and Mortgagee's security is
not lessened. During such repair and restoration period, Mortgagee shall have the right to hold
such Miscellaneous Proceeds until Mortgagee has had an opportunity to inspect such Property
to ensure the work has been completed to Mortgagee's satisfaction, provided that such
inspection shall be undertaken promptly. Mortgagee may pay for the repairs and restoration in
a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Mortgagee shall not be required to pay Mortgagor any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically
feasible or Mortgagee's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Mortgage, whether or not then due, with the excess, if any,
paid to Mortgagor. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Mortgage, whether or not
then due, with the excess, if any, paid to Mortgagor.
In the event of a partial taking, destruction, or loss in value of the Property in which the
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fair market value of the Property immediately before the partial taking, destruction, or loss in
value is equal to or greater than the amount of the sums secured by this Mortgage immediately
before the partial taking, destruction, or loss in value, unless Mortgagor and Mortgagee
otherwise agree in writing, the sums secured by this Mortgage shall be reduced by the amount
of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the
sums secured immediately before the partial taking, destruction, or loss in value divided by (b)
the fair market value of the Property immediately before the partial taking, destruction, or loss
in value. Any balance shall be paid to Mortgagor.
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in
value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Mortgagor and Mortgagee otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Mortgage whether or not
the sums are then due.
If the Property is abandoned by Mortgagor, or if, after notice by Mortgagee to Mortgagor
that the Opposing Party (as defined in the next sentence) offers to make an award to settle a
claim for damages, Mortgagor fails to respond to Mortgagee within 30 days after the date the
notice is given, Mortgagee is authorized to collect and apply the Miscellaneous Proceeds either
to restoration or repair of the Property or to the sums secured by this Mortgage, whether or not
then due. "Opposing Party" means the third party that owes Mortgagor Miscellaneous Proceeds
or the party against whom Mortgagor has a right of action in regard to Miscellaneous Proceeds.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
Mortgagor shall be in default if any action or proceeding, whether civil or criminal, is
begun that, in Mortgagee's judgment, could result in forfeiture of the Property or other material
impairment of Mortgagee's interest in the Property or rights under this Mortgage. Mortgagor
can cure such a default and, if acceleration has occurred, reinstate as provided in Section 18, by
causing the action or proceeding to be dismissed with a ruling that, in Mortgagee's judgment,
precludes forfeiture of the Property or other material impairment of Mortgagee's interest in the
Property or rights under this Mortgage. The proceeds of any award or claim for damages that
are attributable to the impairment of Mortgagee's interest in the Property are hereby assigned
and shall be paid to Mortgagee. Proceeds attributable to any award or claim for damages as
defined in the preceding sentence shall be applied in the order provided for in Section 2.
8. Mortgagor Not Released; Forbearance By Mortgagee Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Mortgage granted
by Mortgagee to Mortgagor or any Successor in Interest of Mortgagor shall not operate to
release the liability of Mortgagor or any Successors in Interest of Mortgagor. Mortgagee shall
not be required to commence proceedings against any Successor in Interest of Mortgagor or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Mortgage by reason of any demand made by the original Mortgagor or any Successors in
Interest of Mortgagor. Any forbearance by Mortgagee in exercising any right or remedy
including, without limitation, Mortgagee's acceptance of payments from third persons, entities
or Successors in Interest of Mortgagor or in amounts less than the amount then due, shall not be
a waiver of or preclude the exercise of any right or remedy.
9. Subject to the provisions of Section 14, any Successor in Interest of Mortgagor who
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assumes Mortgagor's obligations under this Mortgage in writing, and is approved by
Mortgagee, shall obtain all of Mortgagor's rights and benefits under this Mortgage. Mortgagor
shall not be released from Mortgagor's obligations and liability under this Mortgage unless
Mortgagee agrees to such release in writing. The covenants and agreements of this Mortgage
shall bind and benefit the successors and assigns of Mortgagee.
10. Mortgage Charges. Mortgagee may charge Mortgagor fees for services performed in
connection with Mortgagor's default, for the purpose of protecting Mortgagee's interest in the
Property and rights under this Mortgage, including, but not limited to, attorneys' fees, property
inspection and valuation fees. In regard to any other fees, the absence of express authority in
this Mortgage to charge a specific fee to Mortgagor shall not be construed as a prohibition on
the charging of such fee. Mortgagee may not charge fees that are expressly prohibited by this
Mortgage or by Applicable Law.
If the Mortgage is subject to a law which sets maximum mortgage charges, and that law
is finally interpreted so that the interest or other mortgage charges collected or to be collected
in connection with the Mortgage exceed the permitted limits, then: (a) any such mortgage
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Mortgagor which exceeded permitted limits will be
refunded to Mortgagor. Mortgagee may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Mortgagor. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Mortgagor's acceptance
of any such refund made by direct payment to Mortgagor will constitute a waiver of any right
of action Mortgagor might have arising out of such overcharge.
11. Notices. All notices given by Mortgagor or Mortgagee in connection with this
Mortgage must be in writing. Any notice to Mortgagor in connection with this Mortgage shall
be deemed to have been given to Mortgagor when mailed by first class mail or when actually
delivered to Mortgagor's notice address if sent by other means. The notice address shall be the
address stated herein unless Mortgagor has designated a substitute notice address by notice to
Mortgagee. Mortgagor shall promptly notify Mortgagee of Mortgagor's change of address.
There may be only one designated notice address for Mortgagor and only one designated
address for Mortgagee under this Mortgage at any one time. Any notice to Mortgagee shall be
given by delivering it or by mailing it by first class mail to Mortgagee's address stated herein
unless Mortgagee has designated another address by notice to Mortgagor. Any notice in
connection with this Mortgage shall not be deemed to have been given to Mortgagee until
actually received by Mortgagee. If any notice required by this Mortgage is also required under
Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement
under this Mortgage.
12. Governing Law; Severability; Rules of Construction. This Mortgage shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Mortgage are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by
contract or it might be silent, but such silence shall not be construed as a prohibition against
agreement by contract. In the event that any provision or clause of this Mortgage or the Note
conflicts with Applicable Law, such conflict shall not affect other provisions of this Mortgage or
the Note which can be given effect without the conflicting provision. Whenever used, the
singular number shall include the plural, the plural the singular.
As used in this Mortgage: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall
mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
13. Mortgagor's Copy. Mortgagor shall be given one copy of the Note and of this
Mortgage.
14. Transfer of the Property or a Beneficial Interest in Mortgagor. As used in this Section
14, "Interest in the Property" means any legal or beneficial interest in the Property, including,
but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Mortgagor at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Mortgagor is not a natural person and a beneficial interest in Mortgagor is sold or transferred)
without Mortgagee's prior written consent, Mortgagee may require immediate payment in full
of all sums secured by this Mortgage. However, this option shall not be exercised by
Mortgagee if such exercise is prohibited by Applicable Law.
If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice
is given in accordance with Section 11 within which Mortgagor must pay all sums secured by
this Mortgage. If Mortgagor fails to pay these sums prior to the expiration of this period,
Mortgagee may invoke any remedies permitted by this Mortgage without further notice or
demand on Mortgagor.
15. Mortgagor's Right to Reinstate After Acceleration. If Mortgagor meets certain
conditions, Mortgagor shall have the right to have enforcement of this Mortgage discontinued
at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any
power of sale contained in this Mortgage; (b) such other period as applicable law might specify
for the termination of Mortgagor's right to reinstate; or (c) entry of a judgment enforcing this
Mortgage. Those conditions are that Mortgagor: (a) pays Mortgagee all sums which then would
be due under this Mortgage and the Note as if no acceleration had occurred; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Mortgage, including, but not limited to, reasonable attorneys' fees, property inspection and
valuation fees, and other fees incurred for the purpose of protecting Mortgagee's interest in the
Property and rights under this Mortgage; and (d) takes such action as Mortgagee may
reasonably require to assure that Mortgagee's interest in the Property and rights under this
Mortgage, and Mortgagor's obligation to pay the sums secured by this Mortgage, shall continue
unchanged. Mortgagee may require that Mortgagor pay such reinstatement sums and expenses
in one or more of the following forms, as selected by Mortgagee: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Mortgagor, this Mortgage and
obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 14.
16. Sale of Note; Change of Mortgage Servicer. The Note or a partial interest in the Note
(together with this Mortgage) can be sold one or more times without prior notice to Mortgagor.
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A sale might result in a change in the entity (known as the "Mortgage Servicer that collects
Periodic Payments due under the Note and this Mortgage and performs other mortgage loan
servicing obligations under the Note and this Mortgage.
17. Hazardous Substances. As used in this Section 17: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Mortgagor shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Mortgagor shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal maintenance of the Property (including, but not
limited to, hazardous substances in consumer products).
Mortgagor shall promptly give Mortgagee written notice of (a) any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party
involving the Property and any Hazardous Substance or Environmental Law of which Mortgagor
has actual knowledge, (b) any Environmental Condition, including but not limited to, any
spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely
affects the value of the Property. If Mortgagor learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Mortgagor shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
any obligation on Mortgagee for an Environmental Cleanup.
18. Acceleration; Remedies. Mortgagee shall give notice to Mortgagor prior to
acceleration following Mortgagor's breach of any covenant or agreement in this Mortgage (but
not prior to acceleration under Section 14 unless Applicable Law provides otherwise). The
notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less
than 30 days from the date the notice is given to Mortgagor, by which the default must be cured;
and (d) that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Mortgage and sale of the Property. The notice shall
further inform Mortgagor of the right to reinstate after acceleration and the right to bring a court
action to assert the non existence of a default or any other defense of Mortgagor to acceleration
and sale. If the default is not cured on or before the date specified in the notice, Mortgagee at its
option may require immediate payment in full of all sums secured by this Mortgage without
further demand and may invoke the power of sale and any other remedies permitted by
Applicable Law. Mortgagee shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 18, including, but not limited to, reasonable attorney's fees
and costs of title evidence.
If Mortgagee invokes the power of sale, Mortgagee shall give notice of intent to foreclose
to Mortgagor and to the person in possession of the Property, if different, in accordance with
Applicable Law. Mortgagee shall give notice of the sale to Mortgagor in the manner provided in
Section 11. Mortgagee shall publish the notice of sale, and the Property shall be sold in the
manner prescribed by Applicable Law. Mortgagee or its designee may purchase the Property at
any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of
the sale, including, but not limited to, reasonable attorney's fees; (b) to all sums secured by this
Mortgage; and (c) any excess to the person or persons legally entitled to it.
19. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall release
this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a
fee for releasing this Mortgage, but only if the fee is paid to a third party for services rendered
and the charging of the fee is permitted under Applicable Law.
20. Waivers. Mortgagor releases and waives all rights under and by virtue of the
homestead exemption laws of Wyoming.
21. The covenants herein contained shall bind, and the benefits and advantages shall inure
to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto.
22. Whenever used herein, the terms "mortgagor" and "mortgagee" include all the parties
to this instrument and the heirs, legal representatives, and assigns of individuals, and the
successors and assigns of corporations; and the term "Note" includes all the notes herein
described if more than one.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
gb02 "1
BY SIGNING BELOW, MORTGAGOR ACCEPTS AND AGREES TO THE TERMS AND
COVENANTS CONTAINED IN THIS MORTGAGE AND IN ANY RIDER EXECUTED BY MORTGAGOR
AND RECORDED WITH IT.
IN WITNESS WHEREOF, this document executed the 7 of May, 2013.
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing was acknowledged before me by CHRIS BARTON, who personally
appeared and was personally known to me, and after being dully sworn and upon his oath
represented that this instrument was the free act and deed of CHRIS BARTON, this day of
May, 2013.
WITNESS my hand and official seal.
My commission expires: O l_
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
WITNESS my hand and official seal.
My commission expires:
CHRIS BARTON, Borrower
DE
BART N, Borrower
i'... @Ei6)i BRCE.;'::,' aOTWN PUBLIC
F r
County �i�a State of
Lincoir Wyoming
My omrnis August 5, 2013
The foregoing was acknowledged before me by DEBRA BARTON, who personally
appeared and was personally known to me, and after being dully sworn and upon his oath
represented that this instrument was the free act and deed of DEBRA BARTON, this /7 day
of May, 2013.
r r£ L d
NO`fAR PUBLIC
HEiDI i3'ROWN
40 My �sC�rF {4.i si.i
County o
9_incoiol
q 't4Rv PuBi y s
:state of
Wyoming
sE. Bqust 5, 2013
a 0J 2pI �J
Professional Land Snveyols
PRA N. Scheibe:
Wyo. R.disOr tine No. 164
Utah RegI* Bon Na 1670
raaM Repaba8on 110.3880
Nende Rphtrallon 110.13806
Scott A. &barbel
W yo. RagNb,0on No. 3869
Idaho Reghtre8en No. 8026
Lteh Reg,6,8o, No. 371111
MARLOWEA. BCNFABEL
Wyo. Regislrefica No. 5368
6NVeyor.BNerbel, LTD.
M. WP
B ig Y. Wyon
Jackson, Wyman',
lava Nol wads. Idaho
9bnlpelkr. Idaho
DESCRIPTION FOR
GAYLON HEINER AND KRJSTI HEi INER
TRACT C
To -wit:
EXHIBIT A
00244.
00748
That part of the SW' /NE'44 of Section 10, T33N R118W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of L County in Book 183 of
Photostatic Records on page 529, described as follows:
BEGINNING at the northwest comer of said SW1/4NE1/4;
thence N89 34' -46"E, 1264.00 feet, along the north line of said SW1/4NE1/4, to a point;
thence S00 18' -12 "E, 88.80 feet, to a point;
thence S54 05' -48 "W, 813.60 feet, to apoint;
thence N87 49' -22 "W, 544.77 feet, to a. point;
thence S00°-06'-39"E, 127.08 feet, to a spike on the centerline of Bedford- Turnerville
County Road No.. 12 -123, at the beginning of a non tangent circular curve to the left,
whose radius bears S18 -09' -51 "W;
thence northwesterly, 62.55 feet, along said centerline and along the are of said curve,
through a central angle of 03 46' -21 having a radius of 950.00 and a chord bearing
N73 43' -20 "W, 62.54 feet, to a spike on the west line of said SW %NE
thence N00 06' -39 "W, 645.49 feet, along said west line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 12.68 acres, more or less;
the BASE BEARING for this survey is the east line of Section 10, T33N R118W, being
N00 09' -37"E;
RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of
ingress and egress and utilities over, under, and across that part of the above described
Tract C, being a strip of land sixty (60) feet in width, with the westerly and northerly lines
described as follows:
BEGINNING at the southwest spike of said Tract C;
thence N00 06' -39 "W, 171.88 feet, along said west line, to a point;
thence S87 49' -22'B, 683.79 feet, to apoint on the southeasterly line of said Tract C;
the southerly and easterly lines of said easement to be shortened or lengthened as necessary
to create a continuous easement with a minimum width of sixty (60) feet to meet the
easterly line of the above described Tract C and the centerline of said Bedford Tumerville
County Road No. 12 -123;
SUBJECT to an easement for the Bedford- Tumerville County Road No. 12 -123;
i
each "comer" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
\TR.\33- 118- 101Gaylon Heiner FE\East Traci FE
Modification in any way of the foregoing.` description terminates liability of the surveyor'
P.deeeionel Land Simms
Paid N. Sehedae.
leyo. Registration No. 164
Utah Regkbaron No 1670
Idaho Registration No. 3960
Nevado Regbae4on No 6606
3oat8A. Scheibe'
Wyo. Ragk4e0m No. 3669
1005, Registration No 6026
Utah Regb5e6oi No. 372111
MARLOWE& SCNERBEL
Wyo. Reg'sba*ce No. 5366
&70.S48567, LTD.
Afton, Wyoming
65 Plney, Wy°nai9
.5,53674 WyenW9
Lose Not SHWA MM.
Mordpelletidaho
EXIT A
To -wit:
DESCRIPTION FOR
GAYLON HEINER AND KRISTI HEINER 00748 4 8
TRACT C
That part of the SW'rSNEy of Section 10, T33N R118W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 183 of
Photostatic Records on page 529, described as follows:
BEGINNING at the northwest corner of said SW1/4NE1/4;
thence N89 34' -46"E, 1264.00 feet, along the north line of said SW1/4NE'A, to a point;
thence S00 18' -12"E, 88.80 feet, to a point;
thence S54 05'-48 "W, 813.60 feet, to apoint;
thence N87 49' -22 "W, 544.77 feet, to apoint;
thence S00 -06' -39"E, 127.08 feet, to a spike on the centerline of Bedford- Tumerville
County Road No. 12-123, at the beginning of a non-tangent circular curve to the left,
whose radius bears S18 -09' -51 "W;
thence northwesterly, 62.55 feet, along said centerline and along the arc of said curve,
through a central angle of 03 46' -21 having a radius of 950.00 and a chord bearing
N73 43' -20 "W, 62.54 feet, to a splice on the west line of said SW1/4NE1/4;
thence N00 06' -39 "W, 645.49 feet, along said west line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 12.68 acres, more or less;
the BASE BEARING for this survey is the east line of Section 10, T33N R118W, being
N00 09' -37E;
RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of
ingress and egress and utilities over, under, and across that part of the above described
Tract C, being a strip of land sixty (60) feet in width, with the westerly and northerly lines
described as follows:
BEGINNING at the southwest spike of said Tract C;
thence N00 06' -39 "W, 171.88 feet, along said west line, to a point;
thence S87 49' -22 "E 683.79 feet, to apoint on the southeasterly line of said Tract C;
the southerly and easterly lines of said easement to be shortened or lengthened as necessary
to create a continuous easement with a minimum width of sixty (60) feet to meet the
easterly line of the above described Tract C and the centerline of said Bedford- Turnerville
County Road No. 12 -123;
SUBJECT to an easement for the Bedford- Turnerville County Road No. 12 -123;
each "comet" found as described in the Corner Record filed or to be filed in the Office of
the Clerk of Lincoln County;
1 TH\33- 118- 10∎fayton Heiner FE1East Tract FE
'Modification in any way of the foregoing 'description terminates liability of the surveyor'
0 74