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HomeMy WebLinkAbout975210RECORDED AT REQUEST OF: RETURN RECORDED DOCUMENT TO: AXA EQUITABLE AGRIFINANCE, LLC 4333 EDGEWOOD ROAD NE MAILSTOP 3223 CEDAR RAPIDS, IOWA 52499 -5223 ATTN.: STEVE TRAYNOR SLC- 6416099 -2 975210 2/7/2014 2:08 PM LINCOLN COUNTY FEES: $66.00 PAGE 1 OF 19 BOOK: 827 PAGE: 880 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 1111111 10ll111111 11 11111111111111111111111111 I 11111111111111111 WYOMING MORTGAGE, SECURITY AGREEMENT AND FINANCING STATEMENT Loan 60713311 -cj THIS MORTGAGE, SEC AGREEMENT AND FINANCING STATEMENT "Mortgage dated as of the day of February, 2014, is made between E. Ray Okelberry a /k/a Ray Okelberry and Sue Ann Okelberry, husband and wife, Eric Okelberry and Brian Okelberry, whose principal residence is P. 0. Box 415, Goshen, UT 84630, and all other persons executing this Mortgage, (the "Mortgagor and AXA Equitable Life Insurance Company, a New York corporation, whose address is Twelfth Floor, 1290 Avenue of the Americas, New York, New York 10104 (the "Mortgagee WHEREAS, the Mortgagor is justly indebted to the Mortgagee in the sum of Five Hundred Sixty Seven Thousand and No /100 Dollars ($567,000.00) with interest, all as set forth in his certain promissory note (the "Note of even date herewith maturing January 1, 2034. NOW, THEREFORE, THIS MORTGAGE WITNESSETH, that, to secure the payment of the principal of and interest on the Note and the performance of the covenants therein and herein contained, and in consideration of the premises, the Mortgagor by these presents does grant, bargain, sell, convey, transfer, assign, mortgage, pledge, warrant and confirm unto the Mortgagee with POWER OF SALE the following described real estate "Real Estate located Lincoln County, Wyoming, to wit: See attached Exhibit "A which is incorporated herein by reference. TOGETHER WITH (1) all easements, rights -of -way and rights appurtenant to said Real Estate or used in connection therewith or as a means of access thereto; (2) all tenements, hereditaments and appurtenances thereto, including all water, water rights, and drainage rights appertaining thereto; (3) Mortgagor's interest as lessor in all leases affecting said Real Estate; (4) all buildings, structures, improvements, fixtures, attachments, appliances, equipment, machinery and other articles now or hereafter erected on, affixed or attached to, or located in or on said Real Estate which are real property, and all substitutions, replacements, additions and accessions thereof or thereto; (5) all rents, issues, profits, royalties, bonuses, income and other benefits derived from or produced by said Real Estate (subject, however, to the assignment of rents and profits to Mortgagee herein); and (6) all right, title, estate, interest, and other claim or Initials C. OF ,Ada' 6-) 8(& 190 demand, including, without limitation, all claims or demands to the proceeds of all insurance now or hereafter in effect with respect to said Real Estate, which Mortgagor now has or may hereafter acquire in said Real Estate, and all awards made for the taking by condemnation or the power of eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of said Real Estate. AND ALSO, Mortgagor, as debtor, irrevocably grants and assigns to Mortgagee, as secured party, a security interest in all of the following collateral which is personal property now or hereafter owned by Mortgagor or in which Mortgagor now or hereafter has any rights and which is now or hereafter located on or at, or affixed or attached to, or produced from, or used in connection with said Real Estate, including but not limited to: All personal property described in Exhibit "B" attached hereto and made a part hereof and articles of personal or mixed property of every kind and nature whatsoever, including, without limitation, all (a) goods, including without limitation, equipment and machinery (excluding, however, automobiles, trucks, tractors, trailers, wheeled vehicles, planting and tillage equipment), watering and irrigation apparatus, pumps, motors, generators, pipes, center pivot irrigators and sprinklers, windmills, fences, fixtures, fittings, appliances, farm products, crops growing or to be grown, timber standing or to be cut, minerals or the like (including oil and gas), raw materials, inventory and work in process; (b) all water stock and water rights and, to the extent listed on the attached Exhibit "B all investment property, including without limitation, certificated and uncertificated securities, securities entitlements, securities accounts and commodities accounts, including all stock, bonds and commodities contracts; (c) all permits and licenses used in the operation of the Real Estate and, to the extent listed on the attached Exhibit "B general intangibles, including without limitation payment intangibles and software; (d) accounts, including without limitation all of Mortgagor's right to any payment arising out of the sale, lease or license of all kinds of tangible and intangible personal property, contract rights, general intangibles, instruments, documents, chattel paper, accounts receivable, deposits, fees, charges and other payments, income and cash receipts that are otherwise described in this paragraph; (e) personal property of the same general kind or class as otherwise described in this paragraph which Mortgagor may now own or hereafter acquire, wherever located, used or usable in the operation of or relating to the Real Estate; and all products and proceeds from the sale or other disposal thereof, including, without limitation, all payments under any insurance policies, substitutions and replacements, additions, accessions of or to said collateral and any indemnity, warranty or guaranty relating to any of the foregoing (all of the foregoing property shall be hereinafter collectively referred to as the "Collateral"; the Real Estate and the Collateral shall hereinafter be collectively referred to as the Property"). PROVIDED HOWEVER, that nothing in this Mortgage shall prevent Mortgagor from obtaining secured crop financing which may include the perfection of a lien by the crop lender on the crops growing or to be grown for a period not to exceed the beginning of the next crop year. If Mortgagor exercises its right to place a single crop lien on the crops grown or to be grown on the Real Estate hereunder, such crop lien shall automatically be a superior lien to the lien on such crop created hereby without the need for any consent or subordination from Mortgagee. HOWEVER, reserving, (unless otherwise provided herein or in a separate instrument of assignment), unto the Mortgagor the right, prior to any default in the payment of the Note or in performance of any agreement hereunder, to collect and retain such rents, issues, and profits as they become due and payable, and together also with all and singular the tenements, SLC- 6416099 -2 2 Initials C° CAN hereditaments, and appurtenances thereunto belonging, including irrigation, drainage, and water rights of every kind and description and watering and irrigation apparatus and fixtures. TO HAVE AND TO HOLD the same unto the Mortgagee, its successors and assigns, forever. PROVIDED, ALWAYS, that if the Mortgagor, his heirs, representatives, successors or assigns, shall pay unto the Mortgagee, its successors or assigns, the said sum of money mentioned in the Note and the interest thereon at the times and place and in the manner specified in the Note, and all other sums that may become due and owing to the Mortgagee pursuant to any of the terms, covenants and conditions hereof, and perform all the conditions and covenants contained in this Mortgage, then these presents and the estate hereby granted shall cease, determine and be void and shall be released by the Mortgagee at the expense of the Mortgagor, otherwise to remain in full force and effect. AND SUBJECT to the covenants and conditions hereinafter set forth. FIRST. The Mortgagor hereby covenants and agrees, to the extent permitted by law, as follows: (a) to pay promptly when due the principal and interest and other sums of money provided for in the Note and in this Mortgage, or either; (b) to pay all taxes, assessments and other charges (including ditch, canal, reservoir, or other water charges, taxes or assessments) imposed by law upon the Property, the Mortgagee's interest therein, or upon the Mortgage or the Note; provided however, that, in the event of the passage of any law changing the laws for the taxation of mortgages or debts secured by mortgage so as to affect this Mortgage, the entire indebtedness secured hereby shall, at the option of the Mortgagee, become due and payable; (c) to keep the Property in good condition and repair and not to commit or suffer waste thereof, and except as authorized in any schedule annexed hereto and forming a part hereof, neither to remove nor permit the removal of any timber, buildings, oil, gas, minerals, stone, rock, clay, fertilizer, gravel or top soil without the prior written consent of the Mortgagee; (d) to maintain and deliver to the Mortgagee policies of insurance against such hazards on the buildings now or hereafter located on the Property as the Mortgagee may require from time to time, in such companies and amounts and with such loss payable clauses as shall be satisfactory to the Mortgagee; in the event of loss the Mortgagee is expressly authorized to settle or compromise claims under said policies and the proceeds shall be paid to the Mortgagee who may apply same or any part thereof on the indebtedness secured hereby or towards the reconstruction or repair of said Property or release same to the Mortgagor; (e) to pay any lien, claim or charge against the Real Estate which might take precedence over the lien hereof; (f) to pay on demand all legal expenses, title searches, or attorney fees reasonably incurred or paid by the Mortgagee to collect the Note or foreclose or protect the lien of the Mortgage; (g) to do any and all acts, all in a timely and proper manner, requested by Mortgagee to protect and preserve the security interests granted hereunder pursuant to the Uniform Commercial Code "UCC as in effect from time to time in the state where the Collateral is located except to the extent the UCC provides for the application of the law of the state of location of the Mortgagor in which event the UCC as in effect from time to time, in such state shall apply, in a form satisfactory to Mortgagee, and to pay the cost of filing such statements in all public offices requested by Mortgagee; and to do any and all acts as shall hereafter be reasonably requested by Mortgagee to effectuate the intent SLC- 6416099 -2 3 Initials hereof and to render all of the Property available for the security and satisfaction of the indebtedness secured hereby and to enable Mortgagee to sell and /or convey the Property pursuant to the terms hereof; (h) in the event he shall fail to comply with the provisions of (a) through (g) above, the Mortgagee may take such action as is necessary to remedy such failure and all sums paid by the Mortgagee pursuant hereto with interest at the rate hereinafter provided shall constitute a lien upon the Property, shall be secured by this Mortgage, and shall be immediately due and repayable to the Mortgagee; (i) not to sell the Real Estate or any portion thereof, or, if the Mortgagor is a corporation, partnership, limited liability company or association, not more than 0.00% of its corporate stock partnership interests, equity or membership interests shall be sold, traded or disposed of to persons other than the present owners prior to the time the indebtedness secured hereby shall have been reduced (exclusive of prepayments not permitted by the Note) to $0.00; (j) if the Real Estate or any portion thereof shall be taken or damaged under the power of eminent domain, the award for any property so taken or damaged (including severance damages to the remaining Real Estate) shall be paid to the Mortgagee and applied in full or in part at the option of the Mortgagee in reduction of the indebtedness hereby secured; (k) the Mortgagee shall have the right to inspect the Property at such reasonable times as the Mortgagee may desire to determine the Mortgagor's compliance with the covenants contained in this Mortgage; (I) the Mortgagee may release from the lien hereof any part of the above described Property without requiring any consideration therefor, and (m) the Mortgagor is lawfully seized of said Property, that the same are free from encumbrances except as may otherwise be specifically noted herein or waived in writing by the Mortgagee, the Mortgagor will execute or procure any further necessary assurances of title and does hereby warrant generally the title to said Property and will forever defend the same against the claims and demands of all persons whomsoever, and the Mortgagor's separate estate, whether vested, contingent or in expectancy, is hereby conveyed and the Mortgagor does hereby expressly waive, release and relinquish all rights and benefits of any homestead, dower, curtesy, appraisement, exemption and stay laws of this state. It is agreed that the interest provided for in sub section (h) above shall be the rate set forth in the Note as the interest rate in effect after an event of default or the highest lawful rate permitted by contract under applicable law, whichever is lesser. SECOND. If the Mortgagor shall default in the payment of the Note or in the performance of any of the covenants or agreements herein or in the Note or in any agreement collateral hereto contained, or if the then owner of the Property shall make an assignment for the benefit of creditors or shall file a petition for relief under the United States Bankruptcy Code, as amended, or under any similar statute, or shall be adjudicated bankrupt or insolvent, or if any receiver, liquidator or trustee shall be appointed for such then owner or any of the Property, then in such event, the entire indebtedness hereby secured shall, at the option of the Mortgagee and without notice to the Mortgagor, be due and collectible at once by judicial foreclosure proceedings under the POWER OF SALE granted herein or as otherwise provided by law, or, when available under applicable statutes or rules of practice, by advertisement and sale, and in such an event this provision shall be deemed as authorizing and constituting a power of sale as mentioned in said statutes or rules; that in addition to the rights and remedies herein, the Mortgagee is hereby authorized and empowered at its option to exercise forthwith and from time to time any further rights and remedies available to the Mortgagee under the laws of the state wherein the Property is situate, such as the right to collect the rents, issues and profits, or to SLC- 6416099 -2 4 Initials L r� 69 have a receiver appointed to collect the same and /or Mortgagee may pursue every legal and equitable remedy available at law and including, without limiting the generality of the foregoing, the right, ex parte, to the appointment of a receiver of the Property without consideration of the value of the Property as security for amounts due or the solvency of any person liable for the payment of such amounts, the remedies of a grantee under the UCC (regardless of whether the UCC has been enacted in the jurisdiction where rights or remedies are asserted), the right to take possession of the Collateral and enter the Real Estate on which the Collateral or any part thereof may be situated and remove the same therefrom, the right to resell the Collateral at any place Mortgagee elects and deliver a bill of sale therefor, the right to require Mortgagor to make the Collateral available to Mortgagee at a place designated by Mortgagee and reasonably convenient to both parties, and without removal, the right to render the Collateral unusable and to dispose of the Collateral; provided that unless the Collateral is perishable or threatens to decline speedily in value Mortgagee shall send Mortgagor at least ten (10) days prior written notice of the time and place of any public sale of the Collateral or of the time after which any private sale or any other intended disposition is to be made, by United States mail, postage prepaid, to the address set forth above, and Mortgagee may bid and purchase Collateral at public or private sale. THIRD. The following schedules are annexed hereto and made a part hereof: Exhibits A, B, C and D. FOURTH. Mortgagor acknowledges that his /her current financial position is an important factor in Mortgagee's decision to advance the funds represented by the aforementioned Note. Mortgagor therefore has agreed, in order to provide assurance to Mortgagee with regard to Mortgagor's financial position, that it shall be an event of default for Mortgagor to allow any lien or encumbrance other than this Mortgage and the lien for taxes which are not yet due and payable to be placed on all or any part of the Real Estate described above and allowed to remain a lien for 30 day(s) EXCEPT a lien junior and inferior to this Mortgage may be placed on all or a part of said Real Property in favor of N/A in a principal amount not to exceed Zero Dollars ($0) to be placed of record no later than N /A. FIFTH. The covenants herein contained shall bind, and the benefits and advantages thereof shall inure to the respective heirs, executors, personal representatives, administrators, successors, and assigns of the parties hereto. In this Mortgage unless the context otherwise requires words in the singular number include the plural and in the plural include the singular, and words in the masculine gender include the feminine and the neuter. Whenever the term "Mortgagor" shall include more than one person or entity, their liability hereunder shall be joint and several. SIXTH. Mortgagor shall not suffer any waste of the Property and will not permit or conduct either the generation, treatment, storage or disposal of hazardous waste, as defined in the Resource Conservation and Recovery Act, or the disposal on the Real Estate of petroleum or any hazardous substance, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, and will perform all remedial actions reasonably necessary as the result of the presence of any such hazardous wastes, petroleum or hazardous substances on, at or near the Real Estate. Mortgagor shall be personally liable for and agrees to indemnify, st.C- 641e099-2 5 Initials 6,00 defend with counsel satisfactory to Mortgagee and hold Mortgagee harmless against any loss, damage, or liability suffered by the Mortgagee, including but not limited to attomeys fees, due to the presence of any such hazardous waste, petroleum or hazardous substance at, on or near the Real Estate, and Mortgagor shall be liable for compliance (and for costs associated therewith) with any directive or order by any governmental entity relating to the presence of any such hazardous waste, petroleum or hazardous substance on, at, or near the Real Estate. Mortgagor will deliver promptly to the Mortgagee (i) copies of any documents received from the United States Environmental Protection Agency and /or any state, county or municipal environmental or health agency concerning the Mortgagor's operations upon the Real Estate; and (ii) copies of any documents submitted by the Mortgagor to the United States Environmental Protection Agency and /or any state, county or municipal environmental or health agency concerning operations on the Real Estate. Mortgagor agrees that, notwithstanding any provision to the contrary in this Mortgage, this indemnification and hold harmless shall survive the release or reconveyance of this Mortgage, whether pursuant to payment in full of the Note, or judicial or non judicial foreclosure under this Mortgage, or otherwise. SEVENTH. Mortgagor, its successors and assigns and each of them, represent and warrant that the Property involved in this transaction does not represent the proceeds of some form of unlawful activity under any state, federal or foreign law. EIGHTH. This Mortgage constitutes a security agreement within the meaning of the UCC with respect to any part of the Property which may now or hereafter be characterized by law as personal property, and in the event of any default under this Mortgage which continues beyond the applicable notice and cure period, if any, the Mortgagee shall have all the rights and remedies of a secured party under the UCC, as well as all other rights and remedies available hereunder or under this Mortgage at law or in equity. Mortgagor authorizes Mortgagee to file one or more financing statements and continuation statements describing the Collateral and hereby rates any such financing statement or continuation statement previously filed by Mortgagee. Mortgagor will, from time to time, within ten (10) days after request by the Mortgagee, execute, acknowledge and deliver any financing statement, continuation statement or other document that the Mortgagee might request in order to perfect, protect, preserve, continue, extend or maintain the security interest created by and the priority of this Mortgage and will, on demand, pay any expenses incurred by the Mortgagee in the preparation, execution and filing of any such documents. Mortgagor represents and warrants that: (a) all Collateral is located in the state in which the Real Estate is located; (b) Mortgagor's chief executive office or principal residence is Mortgagor's address set forth in the first paragraph of this Mortgage; (c) Mortgagor's state of organization, if applicable, is as set forth in the first paragraph of this Mortgage; and (d) Mortgagor's exact legal name is as set forth in the first paragraph of this Mortgage. NINTH. This Mortgage shall be governed by and construed and interpreted in accordance with the internal laws of the State of Wyoming, except and only to the extent the UCC provides otherwise. SLC-64 16099-2 6 initials "THE TERMS OF THIS MORTGAGE ARE AMENDED BY A FEDERAL GRAZING LEASE AND PERMIT MORTGAGE RIDER ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, each of the undersigned has signed, sealed and delivered this Mortgage as of the day, month and year first above written. A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE MAY ALLOW THE MORTGAGEE TO TAKE THE PROPERTY AND SELL IT WITHOUT GOING TO COURT IN A FORECLOSURE ACTION UPON DEFAULT BY THE MORTGAGOR UNDER THIS MORTGAGE. Sue Ann Okelberry Brian Okelberry erry a /k/a Ray Oke SLC- 6416099 -2 7 InitialsC'O 4 r 4 e/j STATE OF OdS(s N COUNTY OF I a notary public in and for said county and state, certify that on this da' of February, 2014, personally appeared before me the within named E. Ray Okelberry a/k/a Ray Okelberry and nd- and -wife, to me known to be the individual described in and who executed and whose name is subscribed to the within and foregoing instrument, and duly acknowledged to me that they signed and executed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. written. (SEA SLC- 6416099 -2 GIVEN under my hand and official seal, the day and year in this certificate first above tiott W I ANGELA KAY 608255 COMMISSION EXPIRES NOVEMBER 11, 2015 STATE OF UTAH My commission expires: oa �S STATE OF COUNTY OF I, a notary public in and for said county and state, certify that on this d- of February, 2014, personally appeared before me the within named Eric Okelberry me known to be the individual described in and who executed and whose name is subscribed to the within and foregoing instrument, and duly acknowledged to me that he signed and executed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal, the day and year in this certificate first above NOTARY PUBLIC ANGELA KAY 608255 Apt (S COMMISSION EXPIRES I, NOVEMBER 11, 2015 STATE OF UTAH SS: SS: My commission expires: 1(( S 8 ary •lic Name ted V-G1 Notary Name Initials E,0 xek STATE OF COUNTY OF a notary public in and for said county and state, certify that on this 1 day of ebruary, 2014, personally appeared before me the within named €a3A. and Sue Ann Okelberry, husband and wife, to me known to be the individual described in and who executed and whose name is subscribed to the within and foregoing instrument, and duly acknowledged to me that they signed and executed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. written. STATE OF COUNTY OF SS: GIVEN under my hand and official seal, the day and year in this certificate first above AI MARLA COOMES Notary Public, State of Utah Commission #649051 My Commission Expires Nov. 1, 2015 My commission written. (SEAL) My commission expires: S LC- 6416099 -2 ublic (11 ,4 ,r l/1 Notary Name printed S S: I, a notary public in and for said co and state, certify that on this day of Februa 2014, personally appeared befo me the within named Eric Okelberry to me known to be th ndividual described in and o executed and whose name is subscribed to the within and foreg•' g instrument, and d acknowledged to me that he signed and executed the same as his free nd voluntary and deed, for the uses and purposes therein mentioned. GIVEN under my hand and off' -I aI, the day and year in this certificate first above s Notary Name print Initials STATE OF SS: COUNTY OF I, t''C a notary public in and for said county and state, certify that on this LI'f`h da of February, 2014, personally appeared before me the within named Brian Okelbeny to me known to be the individual described in and who executed and whose name is subscribed to the within and foregoing instrument, and duly acknowledged to me that he signed and executed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. written. (SEAL) GIVEN under my hand and official seal, the day and year in this certificate first above NOTARY PUBLIC ANAELA KAY 608265 COMMISSION EXPIRES NOVEMBER 11, 2016 STATE OF UTAH My commission expires: t a-V lS SLC- 6416099 -2 9 Initials />n ti'V Resurvey Township 26 North, Rauge 113 Rest of the 6th P.M., Lincoln County, Wyoming: Sections 18 19: Resurvey Lots 54, S5 56 (original Survey Lots 1, 2, 3, 4, Southeast Quarter of the Southwest Quarter, Southwest Quarter of the Southeast Quarter), and resurvey Lots 3 and 6; LESS AND EXCEPT that parcel of land deeded to Lincoln County, State of Wyoming in that certain deed recorded on October 1, 1914 lu Book 2 of Deeds on Page 200 of Lincoln County oMcial records beiug more particularly described as follows: A strip of laud twenty feet in width and extending through Lot 54 in Section 19, Township 26 North, Rauge 113 West of the 6th P.M.. Liucolu Cowity, Wyoming for the Irrigation ditch known as the "Red Cap Ditch." Section 30: Lots 4 and 5 Exhibit "A" Legal Description Township 26 North, Range 114 West of the 6th P.M., Lincoln County, Wyoming. Section 12: Southwest Quarter of the Southeast Quarter, Southeast Quarter of the Southwest Quarter EXCEPTING THEREFROM that part of the Southeast Quarter of the Southwest Quarter conveyed by Quitclaim Deed to Frank K. Bartlett, .1r. and Beverly B. Bartlett recorded October 12, 1977 in Book 140PR on page 386, more particularly described as follows: Beginning at a 3/8 "x12" steel spike on the west line of the said Southeast Quarter of the Southwest Quarter within the right -of -way of the LaBarge Creek County Road No. 12 -315, North 00 °08' West, 552.50 feet from the southwest corner of said Southeast Quarter of the Southwest Quarter where found it 2" galvanized steel pipe with brass cap inscribed "PALI. N. SCIIERBEL RLS 164 BIG PINE', WYOMING T26N R114W S12613 W 1/161976 thence continuing North 00 °08' West, 758.30 feet along said west line to a point; thence South 53 °46' East, 1349.54 feet to a point; thence South 36 °12' West, 560.07 feet to a point on the north right of -way line of said County Road; thence continuing South 36 °12' West, 50.00 feet to a 3/8 "x12" steel spike ou the centerline of said road; thence North 53 °48' West, 900 feet along a tangent of said road to the Spike of Beginning. Section 13: All Section 14: East Half Section 23: Northeast Quarter, Northeast Quarter of the Northwest Quarter, Northeast Quarter of the Southeast Quarter Section 24: North Half, Southeast Quarter, North Half of the Southwest Quarter, Southeast Quarter of the Southwest Quarter Section 25: North Half of the Northeast Quarter, Southeast Quarter of the Northeast Quarter, Northeast Quarter of the Southeast Quarter SLC- 6416099 -2 10 Initials 6 8;O. &L SLC- 6416099 2 PRIORITY 1885 1 1885 1 1886 1 1886 1 1890 3 1891 4 1891 4 1892 4 1892 4 1892 4 1893 4 1893 4 1894 5 1913 14 Exhibit "B" Personal Property WATER RIGHTS LABARGE, WYOMING. TERRITORIAL WATER RIGHTS APPROP. AMOUNT J 1MI WALL. 1 SPRING CREEK 5/15/1878 .20 McGINNIS (from Spring Creek) SPRING CREEK McGINNIS (from Spr. Cr.) ANDERSON HOWARD (from Miller, Baker MILLER 11 ANDERSON HOWARD (from Miller 11) MILLER 11 ANDERSON HOWARD (from Miller 11) DUCK POND (from Miller 11) ANDERSON O DUCK POND (from Miller 11) MILLER 12 SPRING CREEK 11 5/15/1878 1.38 5/15/1878 .23 16 184 60 5/15/1878 2.62 5/01/1879 .85 Burdick) 6/01/1880 1.14 6/01/1880 1.71 6/01/1880 1..67 6/01/1880 .19 6/01/1880 .21 6/1/1882 .85 5/01/1890 1.14 AMES 14 97 80 120 117 13 15 6/01/1880 1.67 117 6/01/1880 .04 3 60 80 Initials E. ,(,0 Initials 6.0. PERMIT i 345E 345E 370E 371E 584E 11225 15528 5655E 5655E 6369E 6370E S LC- 6416099 -2 d i/) ADJUDICATED WATER RIGHTS APPROP. AN _R L c f al DI= SPRING CREEK 5/06/1898 .27 McGINNIS 5/06/1898 .09 (from Spring Creek) ANDERSON HOWARD 10/04/1898 2.28 (enlargement) ANDERSON HOWARD 10/04/1898 2.28 (enlargement) ANDERSON HOWARD 10/10/1900 1.85 (from Miller 11) MCCLURE 10/07/1911 .23 B.C. FOX 7/19/1919 1.41 ANDERSON HOWARD 10/06/1952 .57 (enlargement) ANDERSON HOWARD 10/06/1952 2.67 (enlargement) ANDERSON HOWARD 4/22/1970 2.26 (enlargement) 4/22/1970 (e 12 .11 BEES 19 6 160 160 130 16 99 40 187 158 8 Lease No. 3 -8198 Initials &O. .Q SLC•6416099 -2 io Exhibit "C" STATE GRAZING LEASE MORTGAGE RIDER For and in consideration of the sum expressed in this mortgage and the mutual covenants and conditions herein contained, the mortgagor does by these presents grant, bargain, sell and convey to said mortgagee the grazing leases executed by the State of Wyoming as lessor, and the lands described therein, said lease being described as follows: The mortgagor does hereby further covenant and agree: 1. To be the lawful owner and holder of said leases; to have good right to self and convey the same; that said leases are free from all liens or encumbrances and have not been pledged or assigned as security for any indebtedness other than that secured by this mortgage; and to warrant and defend the title thereto against the lawful claims or demands of all persons whomsoever. 2. To pay all rents due or to become due under said leases or any renewals thereof in the manner provided therein, or by the laws of the state in which said lands are situate or the rules and regulations of properly constituted authorities. 3. To perform and observe all the covenants, conditions, and stipulations contained in said leases or the renewals thereof; to comply with the laws of the state in which said lands are situate and the rules and regulations of the properly constituted authorities applicable to said leases or renewals thereof. 4. To renew said leases from time to time as they may expire during the terms of this mortgage. 5. To execute to the mortgagee, at such times as the mortgagee may require, assignments of said leases or any renewals thereof in such forms as may be satisfactory to the mortgagee. 6. That said leases and any renewals thereof shall run with and attach to the land first hereinbefore described and owned in fee by the mortgagor, and upon any conveyance or transfer of said fee -owned land, the mortgagor, his heirs, executors, administrators, trustees, and assigns, shall assign to the grantee in such conveyance or transfer the mortgagor's or his successors' equity in said leases or the renewals thereof, subject to the lien of this mortgage and to the rights of the mortgagee as assignee or otherwise, as herein provided. 7. To reimburse the mortgagee for all costs and expenses incurred by it in any suit to foreclose any assignment of said leases and any renewals thereof, or in any suit in which the mortgagee may be obliged to defend or protect its rights or lien acquired 13 hereunder or by any assignment, including all court costs, a reasonable attorney fee, and other expenses, and such sums shall be secured hereby and included in any decree of foreclosure. 8. That in the event the mortgagor fails to pay when due any rent or rents payable under said leases or the renewals thereof the mortgagee may make such payment, and the amounts paid therefor shall become a part of the indebtedness secured by the lien of this mortgage and bear interest from the date of payment at the same rate as specified in the note secured hereby on the principal thereof after default and maturity. 9. That in the event the mortgagor, with consent of the mortgagee, substitutes any leases for the leases herein described, or the renewals thereof, such substituted leases and renewals thereof shall be subject to the provisions of this mortgage to the same extent as if said substituted leases or the renewals were described herein. 10. That in the event the mortgagor fails to keep and perform all and singular the covenants, conditions, and agreements contained in this mortgage, including this rider, or fails to comply with the terms of said leases or renewals thereof, or fails to comply with the laws of the state in which said lands are situate and the rules and regulations of the properly constituted authorities applicable to leases and the renewal thereof, then the whole of the indebtedness secured hereby, at the option of the mortgagee, shall become immediately due and payable and bear interest from such date at the same rate as specified in the note secured hereby on the principal thereof after default and maturity, and the mortgagee, at its option, may proceed to foreclose either the mortgage or the assignments, or both. 11. That in the event the mortgagor shall purchase any portion of said lands he will upon request include said lands within this mortgage or assign to the mortgagee the contract for purchase in case said lands are purchased under contract. On refusal of the mortgagor to include said lands within this mortgage or to assign said contract on demand of the mortgagee, this mortgage shall become due and payable at once without notice at the option of the mortgagee. 12. To pay any fees assessed by the state for renewals, extensions, or re- assignments of state lease assignments or collateral interest riders so long as the loan remains unpaid and to pay for the release of assignments or collateral interest riders when the loan is paid in full. 13. That this rider shall be a part of the mortgage to which it is attached, to the same extent as if it were set out therein. r 1 Initials f. O. SLC 6416099 2 2 14 The Mortgagor or Grantor (hereinafter "Mortgagor does further covenant and agree with the Lender: 1. To be the lawful owner and holder of grazing leases and permits under the provisions of the Taylor Grazing Act [Title 43 U.S.C.A. Sections 315 to 315(p)], which are described as follows: 2. To pay all rent or charges due under the terms of said leases and permits, or any renewal or extension thereof, or by the rules and regulations of the United States Department of Interior or the laws of the United States. 3. To perform and observe all the covenants, conditions, and stipulations contained in said leases and permits, or renewals or extensions thereof; to comply with the rules and regulations of the Department of Interior and the laws of the United States applicable to said leases and permits. 4. To make application and do any and all things necessary to obtain extension or renewal of said leases and permits during the term of this mortgage. 5. To execute to the Lender, at such time as the Lender may require, an assignment or assignments of said leases and permits or any renewal or extension thereof, in such form as may be satisfactory to the Lender. 6. That in the event the Mortgagor fails to pay when due any rent or charges payable under said leases and permits, or renewals or extensions thereof, or under the rules and regulations of the Department of Interior or the laws of the United States, Lender may make such payment and the amount paid therefor shall become a part of the indebtedness secured by the lien of this mortgage and bear interest from the date of payment at the same rate as specified in the note secured hereby on the principal thereof after default and maturity. 7. That in the event the Mortgagor fails to perform all and singular the covenants, conditions and agreements contained in the mortgage including this rider, or upon receipt by the Lender of notice of the Mortgagor's failure to comply with the terms of said leases and permits, the regulations of the United States Department of Interior or the laws of the United States applicable thereto, then the Lender may exercise any or all rights provided by the terms of the mortgage to which the rider is attached in case of any default on the part of the Mortgagor. Initials SLC- 6416099 -2 80 Exhibit "D" FEDERAL GRAZING LEASE AND PERMIT MORTGAGE RIDER LaBarge Creek Allotment on the Bridger -Teton National Forest allowing for the grazing of 788 cattle from July 1 to September 30 15 8. The Mortgagor does hereby assign, transfer and set over unto Lender, its successors and assigns, all the right, title and interest of the Lender in the permits and leases described above, as security for the repayment of money loaned. 9. That this rider shall be a part of the mortgage, deed of trust or security instrument to which is attached, to the same extent as if it were set out in full therein. Initials 0 10-.4 SLC- 6416099 -2 z fI a 16 Exhibit "D" FOREST PERMIT MORTGAGE RIDER The Mortgagor does further covenant and agree with the Mortgagee: 1. To be lawfully entitled to certain grazing privileges in the United States National Forest and /or United States National Grassland described in the Escrow Waiver referred to herein, said privileges to be evidenced by United States Department of Agriculture grazing permit or permits described in the Escrow Waiver or Waivers of Term Grazing Permit Privileges (Form FS- 2200 -13) executed in connection with this mortgage, and filed with the Forest Supervisor of said National Forest or Grassland. All of the terms, conditions and provisions of said Waiver are hereby made a part of this instrument to the same effect as if fully set forth herein. 2. To execute any waiver of grazing privileges, as defined by the regulations of the Department of Agriculture, and any other documents or forms which the mortgagee may require in order to protect its interest in said grazing privileges. 3. To pay all fees and charges due or to become due under the terms of the above described permit or any renewals thereof in the manner provided in said permit or renewals, or by the laws of the United States, or by the rules and regulations of the United States Department of Agriculture. 4. To so manage and operate the property included in this mortgage and any other property upon which said grazing privileges are based, and to so conduct and maintain his livestock operations that said permit or any renewal thereof will not be subject to cancellation or modification because of reduced livestock carrying capacity of the mortgagor's property, or for any other reason. 5. To make application for renewal of said grazing permit and to do any and all other things that may be necessary to prevent any impairment of the grazing rights under said permit, or any renewals thereof, throughout the term of this mortgage. 6. That in the event the mortgagor fails to pay when due any fees or sums payable by the terms of said grazing permit, or any renewal thereof, or under the laws of the United States or regulations of the United States Department of Agriculture; or in the event the aforesaid grazing privileges become subject to cancellation or modification because of the failure of the mortgagor to maintain sufficient livestock, or the necessary improvements, or for any other reason, the mortgagee, at its option, may pay such fees or sums, or provide the necessary livestock or improvements, or whatever may be necessary to maintain said grazing privilege in a status satisfactory to the mortgagee, and the amounts paid or incurred in connection therewith shall become a part of the indebtedness secured by the lien of this mortgage and bear interest from the date of payment at the same rate as specified in the note secured hereby on the principal thereof after default and maturity. Initials b' -yie SLC- 6416099 -2 "B Q 17 7. That in the event the mortgagor fails to perform all and singular the covenants, conditions, and agreements contained in this mortgage, including this rider, or upon receipt by the mortgagee of notice from the Forest Supervisor of the said National Forest or Grassland or otherwise, of the mortgagor's failure to comply with the terms of said grazing permit or renewals thereof, the laws of the United States or the regulations of the United States Department of Agriculture applicable thereto, then the mortgagee may exercise any or all rights provided for by the terms of the mortgage to which this rider is attached in case of any default on the part of the mortgagor. 8. That this rider shall be a part of the mortgage to which it is attached, to the same extent as if it were set out in full therein. Initials E. a T C� 18 SLC- 6416099 -2