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RETURN TO Farm Credit Services of America, PO Box 878
PREPARER: Casper, WY 82602
Mailing Address: 4837 Hwy 30
Cokeville, WY 83114
RECEIVED 1 0/7/2013 at 3:22 PM
RECEIVING 973627
BOOK: 822 PAGE: 144
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Farm Credit Services of America
FORM 5014 (1 -2013)
Bicklin Cheryl L
(307y 577 -4700
REAL ESTATE MORTGAGE
For the State of Wyoming
Open End To Secure Present and Future Obligations and Advances
Date: October 7, 2013
Mortgagor(s):
Scotty Jay Nieslanik, A/K/A Scott Jay Nieslanik and Diane Marie Nieslanik, A/K/A Diane M.
Nieslanik, husband and wife
Mortgagor(s):
Scott Jay Nieslanik, as Custodian for Jessica May Nieslanik under the Colorado Uniform Transfers
to Minors Act,
Mortgagor(s):
Scott Jay Nieslanik, as Custodian for Hannah Grace Nieslanik under the Colorado Uniform
Transfers to Minors Act.
Mortgagor(s):
Scott Jay Nieslanik, as Custodian for Luke Sawyer Nieslanik under the Colorado Uniform Transfers
to Minors Act
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:
EXHIBIT "A"
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
App 5228182; CIF 75278; Note 202 041 CB Legal Doc. Date: October 7, 2013
FORM 5014, Real Estate Mortgage Page 1 of 6
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 Mortgagor(s) 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 Agreements) Principal Amount
10/07/2013 60,000.00
Provided, however, that the total principal indebtedness outstanding and secured hereby at any one
time will not exceed the sum of SIXTY THOUSAND ($60,000.00), 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 April 1, 2029.
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. Such insurance will be
endorsed with a loss payable clause to Mortgagee. On demand, Mortgagor will furnish said policies or
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
App 5228182; CIF 75278; Note 202 041 CB Legal Doc. Date: October 7, 2013
FORM 5014, Real Estate Mortgage Page 2 of 6
0 1 4 5
0 146
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
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.
App 5228182; CIF 75278; Note 202 041CB Legal Doc. Date: October 7, 2013
FORM 5014, Real Estate Mortgage Page 3 of 6
By
11. That if Mortgagor(s), or anyone signing this Mortgage, is a limited liability company, that those 1 4 7
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.
Sco ty Jay Ni- anik Diane Marie Nieslanik
By
Scott Jay Niesla
Scott Jay Nieslani
Scott Jay Nieslan
Scott Jay Nieslanik, as Custodian for Jessica May Nieslanik under the Colorado Uniform Transfers to Minors Act
Scott Jay Nieslanik, as Custodian for Hannah Grace Nieslanik under the Colorado Uniform Transfers to Minors Act
Scott Jay Nieslanik, as Custodian for Luke Sawyer Nieslanik under the Colorado Uniform Transfers to Minors Act
App 5228182; CIF 75278; Note 202 041 CB Legal Doc. Date: October 7, 2013
FORM 5014, Real Estate Mortgage Page 4 of 6
(SEAL)
STATE OF WYOMING
COUNTY OF LINCOLN
On this 7th day of October, 2013 before me, a Notary Public, personally appeared
Scotty Jay Nieslanik A/K/A Scott Jay Nieslanik and Diane Marie Nieslanik A/K/A Diane M. Nieslanik
to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that executed the same as ■1 voluntary act and deed.
(SEAL)
STATE OF WYOMING
COUNTY OF LINCOLN
Brad W. Willford Notary Public
County of State ing
Lincoln
My Commission EXpifeS 10115/2014
My commission expires Oct. 15, 2014 Notary Public in and for said County and State
On this 7 day of October, 2013, before me, a Notary Public, personally appears Scott Jay Nieslanik, as
custodian for Jessica May Nieslanik under the Colorado Uniform Transfers to Minors Act to me known to
be the person(s) named in and who executed the foregoing instrument, and acknowledged that he
executed the same as his voluntar t nd deed as such Custodian for the purposes therein mentioned.
Brad W. Willford Notary Public
County of I State of
Lincoln .1r_, WYomin9
My Camnissioii Expires 10115/2014
My commission expires Oct. 15, 2014
INDIVIDUAL BORROWER ACKNOWLEDGMENT
)ss
CUSTODIAL ACKNOWLEDGMENT
ti
Brad W. Willford
(Type name under signature)
Brad W. Willford
Notary Public in and for said County and State
App 5228182; CIF 75278; Note 202 041 CB Legal Doc. Date: October 7, 2013
FORM 5014, Real Estate Mortgage Page 5 of 6
01
STATE OF WYOMING
COUNTY OF LINCOLN
On this 7 day of October, 2013, before me, a Notary Public, personally appears Scott Jay Nieslanik, as
custodian for Hannah Grace Nieslanik under the Colorado Uniform Transfers to Minors Act to me known
to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he
executed the s. Bra y 1,N .S ,I or t. deed as such Custodian for the purposes therein mentioned.
County of State of
Lincoln 1.'7 Wyoming
M Commission Expires 10/1512014
(SEAL)
My commission expires Oct. 15, 2014
STATE OF WYOMING
COUNTY OF LINCOLN
CUSTODIAL ACKNOWLEDGMENT
Brad W. Willford
Notary Public in and for said County and State
CUSTODIAL ACKNOWLEDGMENT
On this 7 day of October, 2013, before me, a Notary Public, personally appears Scott Jay Nieslanik, as
custodian for Luke Sawyer Nieslanik under the Colorado Uniform Transfers to Minors Act to me known
to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he
executed the same as his voluntary act and deed as such Custodian for the purposes therein mentioned.
LA)
Brad W. Willford
Brad W. Willford Notary Public
(SEAL) County of State of
Lincoln r P,t7IN Wyoming
My Commissioi Expires 10/1512014
My commissi Notary Public in and for said County and State
01
EXHIBIT "A"
A Portion of Tract 89 of Township 25 North Range 119 West of the 6th P.M., Lincoln
County, Wyoming being more particularly described as follows:
BEGINNING at Corner No. 1 of said Tract 89 and running thence South 02 °16'55" West,
428.31 feet along the East line of said Tract 89 to a point;
Thence coursing an extant fence line;
Thence South 84 °52'47" West, 380.72 feet to a point;
Thence South 46 °19'52" West, 793.63 feet to a point;
Thence South 23 °23'28" West, 954.51 feet to a point;
Thence South 23 °34'02" East, 1738.12 feet to a point and leave said fence line;
Thence South 64 °35'24" West, 1053.24 feet to a point on the Easterly right -of -way line of
State Highway 30;
Thence coursing said right -of -way line;
Thence South 25 °24'47" East, 1185.88 feet to a marker;
Thence North 64 °36'45" East, 10.02 feet to a marker;
Thence South 25 °24'16" East, 486.77 feet to a point on the South line of said Tract No. 89,
North 89 °12'59" West, 661.89 feet from Corner No. 2 of said Tract No. 89 and leave said
right -of -way line;
Thence North 89 °12'59" West, 1404.88 feet along said South line to a point on the
Easterly right -of -way line of said railroad;
Thence North 41 °08'36" West, 4340.23 feet along said right -of -way line to an intersection
with an extant fence line;
Thence coursing said fence line;
Thence North 08 °53'02" West, 1336.58 feet to a point;
Thence North 07 °05'36" West, 572.57 feet to a point;
Thence North 01 °41'39" West, 263.91 feet to Corner No. 4 of said Tract No. 89;
Thence South 89 °49'16" East, 2715.73 feet along the North line of said Tract No. 89 to
Corner No. 3 of said Tract 97;
Thence North 89 °52'33" East, 2708.46 feet along the said North line to the CORNER OF
BEGINNING.
LESS AND EXCEPT the right -of -way conveyed to Oregon Short Line Railway Company
by Deed recorded November 25, 1881 in Book 3 of Transcribed Deeds Records on page
12 of the records of the Lincoln County Clerk
LESS AND EXCEPT that parcel conveyed to the State Highway Commission of Wyoming
recorded January 3, 1978 in Book 142PR on pages 618 and 619 of the records of the
Lincoln County Clerk.
LESS AND EXCEPT land described in Quit Claim Deed recorded June 24, 2002 in Book
492PR on page 784 of the records of the Lincoln County Clerk
0