HomeMy WebLinkAbout867607AUG -14 -00 SAT 12:22 PM KENDRICK
DEED OF TRUST
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THIS DEED OF TRUST, Made this 14th day of AUGUST, 2000. HETW i i E Ft E t VI 10 NI 1 d G
HAROLD D. WHITEFOOT AND AUDREY ANN WHITEFOOT, husband and wife
herein called GRANTOR,
whose address is P.O. Box /e Thayne, Wy 83127
First American Title Insurance Company, herein called TRUSTEE, and JAMES F. HOWARD
AND GEORGENE M. HOWARD, TRUSTEES OF THE JAMES F. HOWARD AND
GEORGENE M. HOWARD REVOCABLE TRUST DATED MAY 21, 1981
herein called BENEFICIARY,
WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND
CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of
Lincoln, State of Wyoming, described as follows, either located within an incorporated city or
village at the date hereof, or containing not more than twenty acres:
Plat 6, Lot 87, Star Valley Ranch Subdivision, as platted and recorded in the Offficial Records of
Lincoln County, Wyoming. together with all and singular the improvements thereon or thereunto
appertaining.
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits, for the
purpose of securing payment of the indebtedness evidence by a promissory note of even date
herewith, executed by Grantor in the sum of TWELVE THOUSAND AND NO/100.DOLLARS., DUE
AUGUST 20, 2005,
and to secure payment of all such further sums as may hereafter be loaned or advanced by the Beneficiary herein to
the Grantor herein, or any or either of them, while record owner of present interest, for any purpose, and of any
notes, drafts or there instruments representing such further loans advances or expenditures to together with interest
on all such sums at the rate therm provided. Provided, however, that the making of such further loans, advances
of expenditures shall be optional with the Beneficiary, and provided, further, that it is the express intention of the
parties to this Deed of Trust that it shall stand an continuing security until paid for all such advances together with
interest thereon.
To protect the security of this Deed of trust, Grantor agrees:
By the execution of this Deed of Trust and the promissory note hereby secured that provision 1 to 6 inclusive of
Part A and Provisions 1 to 9 inclusive of Part B of the second page of this Deed of Trust shall be and they are
hereby incorporated and made an integral part hereof
is hereby made that a dopy of any Notice of Deduct and a copy of any Notice of Sale heretmdcr be
mail to the Grantor at bia-address hereinbefore set forth.
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STATE OF WYOMING,
On this 1 5 day of
personally appeared HAROLD D.
be the pens whose names are
03,1 Ck 1
same.
Notary P43)
Residing at n
My Commission expires: \TX.
axt
FAX NO, 20808711 4
OF LINO LN
S 2000, before me, a notary public in and for said State,
WHITEFOOT AND AUDREY ANN WHITEFOOT known or identified to me
subscribed to the within instrunrcet, and acknowledged to me that they executed
MARY GAMEY -NOTARY PUIUC
COMM a on OF
LINCOLN WOWS
NY 00111418810N MGM
FORMAN* 1
AUG -14-00 SAT 12:23 PM KENDRICK
THE FOLLOWING IS A COPY OF PROVItitONS 1 TO t: lNCLtjSIV P_OF PART K AND PROVtsIONs 1 To INCLUSIVE OF
PART B WHICH ARE INCORPORATED BY REFERENCE IN THE DEED OF TRUST APPEARING ON THE REVERSE SiDE I(EREOb
ObG i O7
A. To protect the security of this Deed et Trost, Cnaator agrees:
1. Ib keep said property in guod condition and repair; as to remove or demolish env building ammo: to complete or restore promptly wed in good and work mid property manner re bws any rl am may workmardike
be constructed. damaged or destroyed thereon and to pay' whet. due all ctahne 10 and labor performed t materials furnished dterdor; to comply
or improvement. to be made shown; not to commit or prison waste thereof; not to cononit, suffer or permit any a1 upon said tamely ly if violation of law: to cultivate, litigate. fertilize, fumigate, prune and
do all otter acts whist, from the character or use of said property may be seasonally necessary. the gm:ifie ermmetatiorts Rusin oat excluding the general.
2. To monde. maintain and deliver W Butwfciary lire insurance xatiaractrfY to and with toss payable us Beneficiary. The amount nnna,.d under any fire or other insurance policy may be applied by
Beneficiary upon any indebtadneu sawed hereby and in such order es Beneficiary may determine. or at option of Beneficiary the entire amount .so collected or any parr thereof may be released to Gramm.
Such ap o a and d e s nos curs or waive any dp ur p orting gt to af fect the sa.0 i y hereof or the rights t any eta dare Porioam to each notice.
passers of 8enencw+y or Trustee: and to pay an mos and expenses, including wv t 0 evtdencc
1. Tn auto a an defend any actib or m. io Wi a
of tine and a *1 kI t flees in a before b sum, in a soil action ra praete i g which party e ot e. a ec inn bra ces, l thencol *Aids
a. To pay; al feast ten days before delinquency aU texts and psesrcnmla affecting said protxrly when dtt., ell encumbrances, enlarges and liras, with interest, on said pruq rtY us any pu
appear to he pttx or snpploa hereto; all cost-+, kin and avenue of this Trust. la addition to the paymeuts Muhl accordance with **MOM of the note hereby sat..d the Grantor shall at the option, and one
demand of she Beaml1ciauy. pay carts month 1' 12 of the estimated annual taxes, assessments, insurance premiums, malnteMnee tend other Margot upon the property. nesenhekxs in trust for tit snot .s use
and benefit and for lha payment by Beneficiary of any such item when due. Grantor's failure so eo pay than caaihute a default under this trust.
3, To pay immediately and without demand all s aspevded by Benefielary or Tnuau merman to she provisions tweak with interest from date of tspentliture at the highest lawful r pctmtssible
undo Mains law.
d. Should ("realer fail to make any payment or to do any au as hoed provided. then Benefddary or Trustee, but withou trbhgattees so to do and without notice tow demand upon Grunter a without
rekroiog Grantor Crum any obligation hereof. mey: mate oe do the smuts such manner and to such extent as either may deem necessary to protcd the security hereof, Bcrulkiary or Try ly ep ze
such aethori
to mon upon said property (Or st purposes; appear is and defend any action or pna"eeding porporriag to efface the security hereof m the rights or powers of Hencefkiary or Trustee:
or compromise any encumbrance, charge or lien which in the judgment of dther appear) to be prior or Shpt, id' hereto; and, in exercising any such powers, or in enforcing this Uved of Tem% by judicial
fweec1dnure, Fay necoeary exµnses, employ counsel and pay his reasonable fees.
H. It Is tuuluaiIy agteod *hale prdv Of +eleose
1. Pay award of damages in eo neo-lon with any condemnation rot public axe of ur Muni to said property or any pan thereof b hereby assigned and shall be pout to Beneficiary who may a
stub moneys rearived by him in the same meaner and ask the neme effect as above provided fo disP either af lire or payment ii su gatf artier ems so seemed or to declare default for failure 2. by acsceptiag payment of any suns loured hereby after its due dale, Bestelklary thus not waive
ea to fury- *titres s[ of 1knelkisuY and ta'CSeanwtlat of This Deed and plot ,/et* Ayr endorsement, and without affecting
3. Al any tune r0 from time iodine, without liability therefor and without Duke, upon request
the personal liability of any person for payment of the tndebled:on sauged hereby. Tantee may: matinee all of any Pan of said property: consent to ehe making of any mep or peal thereof; Rah in Brenda§
any .oemcm diatom a0 join in any extensioe agrecmeie or any agraetheht atbordinalhlg the lien or diatge hereof.
4. Upon mitten request of Beneficiary stating Thai all sure secured hereby hart been paid, and sport surrender of this Deed and said note to Trustee foe cancellation and retention sod upon pay-
talent of sae fens, Trustee shall reconvey, without warranty. the emptily Mee held hereunder. The nickels iD any reeunveyance executed under this decd of trust of any matters or facts shall be con-
ducive proof of the Iniehf Winos thereat- The grange in such ..conveyance may be described as the person or persons legally entitled thcr.io."
1. Pa additional security, 4,...400 hereby gives to and confers upon beneficiary the right, power and authority, Boring the eonrinuatum of mese husk, to called the rent*. issues and profit of said
property reset vine unto titamur the tight, prior to any default by Grantor in payment of any indebtedness secured hereby or In performance of any agreement hereunder. W collect and rennin such
rents, issues and profits as they become due and payable. Upon any such default, 8anelIdary may ar any time without notice, either is person, by agent, or by a receiver to not appointed hy amine, and
without regard to the adequacy of any security for the indebtedness booby secured, cotes upon and take possession of said peoPerry err any part thereof, in his awn nu.nr nut for or ttherwise rolled
such rents, Issues and profits, including tlsose pant due std unpaid. and apply the same.1ms costs and expenses of apuatton and collection. in luting reasonable attorney's fees. upon any indebtedness
secured lurch), and in melt order ea 8enefsclaty moy datamtm. The entering upon and taking poscasfon of said property, the collection of such rents. issues and profits and the application Mom( at
aforesaid. shall slot cure or waive any default of notlo of default hereunder o e iovalldale any ad done purulent to such notice.
6, Upon defauk by Grantor in payment of any irdrbtedoess secured hereby or in performance of any agreeu e.o hoxeundce, ale sums secured hereby shall immediatek become due and payable at
arse optima of We Bo.eoficiary. In the greet of default. Beneficiary shall execute or cause the Trustee to mecum* written notice of such default and of his election W Clete to be told 1 he herein dearibed
properly to satisfy the obligations hereof. and shall cause such notice W be recorded in the office of the recorder of each county wttrrefn said real property or some pall thereof is oitusoed.
Notice of sale haysng hem given as then required by law, and not pus Mau the tune then required by taw bevies *lapsed. Trustee, without demand on Grantor, shalt sell said pr0Perty at the tint.
sod piece freed by it 111 said stoke of sale, either as a whole or in separate parcels and in such order as it may detetmlrte, et publk auction to the highest bidder for cash in lawful money of the United
States, payable at time of sale. Trtutet shall detiver to the purchase, its deed conveying the mammy so soled. but without any coveaam err warranty chafers or Moiled. The reseals in such deed of any
matters or het shad be condoned proof of the tnnhfultttas thereof. Any person. including Grantor. Theme. or Beneficiary. may purchase at such sale. aaaly the Proceed. of
Afire deducting all o003ts. fees and camases of Trunee and of this Tres,, including out of evidence of Mk and reasonable counsel fees in connection with sale. Trustee shalt
sale to payment of; all suns expended under the terms hereof. not [hers repaid. with arcrucd interest at the highest lawful rate permissible under Idaho law; all other sumo then soured hereby; std the
rematch, if any. w the person or persons legally emitted thereto. t
Nwwilketapoing any other peovisfone hereof or of any other agreement bawecn .lu parties hereto, under no circumstances stun the amount paid or agreed to be paid to Such besed1cleYy Ow the
use, forbearance or detention of money exoecd the highest lawful rate permissible. and if a short of competent jurbdodiva ahtdl doIWmine that the performance of any provision hereof., thereof shall
result in payment of amount in closes thereof, then such provision shell be deemed appropriately modified to the eaters necessary to reduce such amount to mat not in cheeses of soh rate, and any es-
cess *mould thcrcvofore received shall be deemed applied to the piirleipal amount of the debt"
7. This DvoJ applies lo. inures to the benefit of. and binds all parties berate, their heirs, legatees, devisees. administrators, executors. stscceasmra and assigns. The term Sencticfary shat mean the
holder and owner of she awe seemed hereby; or, If the note has been pledged, the Pledgee thereof. In this Deed• whenever the contest eo requires, the mascuhne gender induct t the feminine end/t0
neuve. and the singular number Includes the plural
11 Truster IS not ohligatcd to amity ion party hereto of pending sale under any other Dad of trust or of any action or proceeding in which Grantor, Beneficiary or 'IMAMS shall be a parry unless
brunette hy Trustee.
9. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a Itn0ee or trustees to execute the trust hereby created. and when any suck substitution has Oren Med for
record in the office of the Recorder u( the county in which the property herein described is situated. it shall be conclusive evidence of the appohtmenl of welt trustee or tension. and such new losses or
trustees shall 'weaved 10 ell of the powers and duties of the trustee M Iraalt I named beanie.
FAX NO. 2086871104
Idaho,
431
THE PROMISSORY NOTE OR NOTE'S, AND ANY EVIDENCES OR FURTHER AND /OR
ADDITIONAL ADVANCES 11M*JST BE PRESENTED WITH THIS REQUEST
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