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HomeMy WebLinkAbout972053Do not write /type above this lin For filing purposes only. RETURN TO Farm Credit Services of America, PO Bux 878 Farm Credit Servic.s of America PREPARER: Casper, WY 82602 Date: July 17, 2013 Mortgagor(s): John Sweeney Mailing Address: REAL ESTATE ORTGAGE For the State o Wyoming RECEIVED 7/17/20 3 at 10:51 AM RECEIVING 72053 BOOK: 815 "AGE: 834 JEANNE AGNER LINCOLN COUNTY CL: RK, KEMMERER, WY Open End To Secure Present and F single 514 Upper Sunset Dr Kemmerer, WY 83101 The above named Mortgagor(s) in consideration of th future, additional or protective advances made at mortgage to Farm Credit Services of America, FLC Mortgagee, its successors and assigns, from the date paid in full, the following- described real estate in Lincoln Exhibit "A" together with all Mortgagor's right, title, and interest including: all buildings, fixtures, timber, timber to be cup placed upon the property; all appurtenances, water, rents, issues, uses, income, profits, and rights to posse of whatever nature, including geothermal resources; all or hereafter become an integral part of the real estat: appurtenances and accoutrements of any structure or r rights and interests now or at any time hereafter belon• whether or not specifically described herein; all abov accessories; and all leases, permits, licenses, or pri property, now or hereafter issued, extended, or renewe or any department, bureau, instrumentality, or agency t in this document as the "property." It is understood and agreed between Mortgagor(s) and the repayment in full of the following described obligati liable thereon, and all future and additional loans or ad App 5216483; CIF 184264; Note 202 FORM 5014, Real Estate Mortgage ture Obligations and Advances FORM 5014 (1 -2013) Bicklin Cheryl L (307y 577 -4700 extension of credit identified herein and any ortgagee's option, hereby sell, convey, and 50.15 S 118th Street, Omaha, NE 68137, hereof until all obligations secured hereby are County(ies), Wyoming, to wit: in the property, now or hereafter acquired, crops, and improvements now on or hereafter ater rights, irrigation, and drainage rights; all sion; all oil, gas, gravel, rock, or other minerals personal property that may integrally belong to whether attached or detached, including any sidence secured hereby; easements and other ing to or in any way pertaining to the property, and below ground irrigation equipment and ileges, appurtenant or nonappurtenant to the by Mortgagor(s), any State, the United States, ereof. The foregoing is collectively referred to ortgagee that this mortgage is given to secure ns, regardless of whether Mortgagor(s) is(are) ances, protective or otherwise, which may be 0 1CB Legal Doc. Date: July 17, 2013 Page 1 of 4 033 made by Mortgagee, at its option, at the request of, nd 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 notes), credit agreement(s), or other instrument(s) modifying the same. Date of Note(sor Credit Agreements) Principal Amount 07/17/2013 52 000.00 Provided, however, that the total principal indebtednes outstanding and secured hereby at any one time will not exceed the sum of FIFTY -TWO THOUSAND ($52,000.00), exclusive of interest and protective advances authorized herein or in the loan ag ement(s). NOTHING CONTAINED HEREIN SHALL CONSTITU ADDITIONAL ADVANCES IN ANY AMOUNT AT A PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADV, This mortgage will be due August 1, 2033. Mortgagor(s) hereby warrants that Mortgagor(s) holds that Mortgagor(s) has good and lawful authority to mo clear of all liens and encumbrances, except encumbranc and defend the property at Mortgagor's expense again s hereby waives and relinquishes all rights of dower, horr to the above described property. Mortgagor(s) and each of them further covenant an follows: 1. To pay all liens, judgments, or other assessments assessments, taxes, rents, fees, or charges upon the privilege assigned to Mortgagee as additional security t domain. 2. To insure and keep insured buildings and other im now on or hereafter placed on the property to the sat endorsed with a loss payable clause to Mortgagee. On proof of insurance to Mortgagee. Any sums so receivs any indebtedness matured or unmatured secured by th be used to pay for reconstruction of the destroyed impr at least equal to the lesser of the loan balance, th replacement cost of the property, and will at a mini explosion, riot, aircraft, vehicles, vandalism, civil commo will obtain and keep flood insurance in force to cover lo the National Flood Insurance Act of 1968, as amende Mortgagor(s) further agrees that Mortgagee is not and any insurer, for whatever reason, to obtain and keep this 3. To keep all buildings, fixtures, attachments, and oth: the property occupied and in good repair, maintenance any acts of waste or any impairment of the value of property to inspect the same or to perform any acts auth 4. In the event Mortgagor(s) fails to pay any liens, charges or maintain any insurance on the property, bu as provided herein or in the credit agreement(s), Mortga provide insurance, maintenance, or repairs and any principal indebtedness secured hereby, be immediate default rate provided in the note(s) or credit agreeme advancement by Mortgagee of any such amounts will declare Mortgagor(s) in default or exercise any of Mortga 5. In the event Mortgagee is a party to any litigation aff including any action by Mortgagee to enforce this mort g App 5216483; CIF 184264; Note 202 FORM 5014, Real Estate Mortgage A COMMITMENT TO MAKE FURTHER OR Y TIME, WHETHER OR NOT THE TOTAL NCED. e simple title to the above described property, tgage the same, that the property is free and es of record, and that Mortgagor(s) will warrant all claimants whomsoever. Mortgagor(s) also stead, distributive share, and exemption in and agrees with, or certifies to, Mortgagee as gainst the property, and to pay when due all roperty or under any lease, permit, license, or this mortgage, including those in or on public rovements, including fixtures and attachments faction of Mortgagee. Such insurance will be demand, Mortgagor will furnish said policies or by Mortgagee may be applied in payment of mortgage, or at the option of Mortgagee may vements. Such insurance will be in an amount actual cash value of the collateral, or the um, cover losses caused by fire, lightning, ion, smoke, windstorm, and hail. Mortgagor(s) ses by flood as required by Mortgagee and by and by regulations implementing the same. iII not be liable for any failure by me /us or by insurance in force. r improvements now on or hereafter placed on and condition and to neither commit nor permit he property. Mortgagee may enter upon the •rized herein or in the credit agreement(s). dgments, assessments, taxes, rents, fees, or !dings, fixtures, attachments, or improvements ee, at its option, may make such payments or mounts paid therefor will become part of the y due and payable and bear interest at the t(s)from the date of payment until paid. The in no manner limit the right of Mortgagee to gee's other rights and remedies. -cting the property or the lien of this mortgage, :ge or any suit in which Mortgagee is named a 1CB Legal Doc. Date: July 17, 2013 Page 2 of 4 0 835 defendant (including condemnation and bankruptcy prcceedings) 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 authcrized 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 o: 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 entitled to a Receiver for the property and all rents, iss.les, 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 Miieral 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 securec 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 De construed to be a provision for the payment App 5216483; CIF 184264; Note 202 041CB Legal Doc. Date: July 17, 2013 FORM 5014, Real Estate Mortgage Page 3 of 4 0836 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 unnforceable, that determination will not affect the validity of the remaining portions of the mortgage. 70 weeney STATE OF WYOMING )ss COUNTY OF LINCOLN (SEAL) FORM 5014, Real Estate Mortgage On this 17th day of July, 2013 befcre me, a Notary Public, personally appeared John Sweeney INDIVIDUAL BORROWER ACKNOWLEDGMENT to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the same as. 1 11 111 11 1/4 M,�LA i icub e r rr It X4 C1. A., e p't A Y' °w I ...MAW +of of 11!1111 his voluntary act and deed. pe name under signature) Notary Public in and for said County and State App 5216483; CIF 184264; Note 202 C41CB Legal Doc. Date: July 17, 2013 Page 4 of 4 0837 Parcel 1 Commencing at the southeast corner of the NE1 6th Principal Meridian, Lincoln County, Wyomir southerly 2112 feet, thence easterly 2475 fee westerly 1320 feet, thence northerly 1320 feet to Parcel 2 Exhibit A Township 25 North, Range 115 West, 6 P.M., Li Section 17: SW1 /4SW1/4 Section 18: SE1 /4SE1/4 Section 19: NE1 /4NE1/4 And also: Commencing at the corner point common to Sect 6` P.M., Lincoln County, Wyoming, thence eas feet, thence westerly 2475 feet, thence northern thence southerly 3960 feet, thence easterly 1320 /4NE1/4 of Section 19, T25N, R115W, g, thence westerly 1155 feet, thence t thence northerly 792 feet, thence t point of beginning oln County, Wyoming: ns 19, 20, 29 and 30, T25N, R115W, rly 1320 feet, thence northerly 1848 2112 feet, thence westerly 165 feet, et to the point of beginning 0838