HomeMy WebLinkAbout975257MORTGAGE
KNOW ALL MEN BY THESE PRESENTS, that Troy David Stark and Anna Rose Stark,
husband and wife, herein referred to as Mortgagors, of 455 Twin Ridge Avenue, Evanston, WY
82930, to secure the payment of the principal sum of Sixteen Thousand and no /100 Dollars
($16,000.00), with interest as evidenced by a Promissory Note dated of even date herewith to the
order of Robert Blair Allen and Carolyne Jo Allen, Trustees of the R. Blair Carolyne Allen Family
Trust dated September 3, 1997, herein referred to as Mortgagees, of PO Box 87, Grover, WY
83122, principal and interest payable as follows:
together with interest on the unpaid principal balance at the rate of 3% per annum from
March 1, 2014, until paid, in equal, monthly amortized installments of principal and
interest in the amount of $287.50 beginning April 1, 2014, and continuing on the same
day of every month thereafter until March 1, 2019, when the entire remaining balance,
including principal and accrued interest, shall be due and payable in full. This
represents an amortization of $16,000.00 over a period of 5 years at 3.00% interest
payable in monthly installments. Monthly installments may be made in two installments
in Mortgagors' sole discretion. All payments made shall be applied first to any
applicable late charges, then to accrued interest on the unpaid principal balance and
then to principal. Prepayments of principal may be made in any amount at any time
without penalty.
hereby mortgages to Mortgagees, the following described real estate, situated in the County of
Lincoln, State of Wyoming:
That part of the SE1 /4NE1/4 of Section 32, T33N, R118W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Lincoln County Clerk in Book
491 PR, page 701, as more particularly described on the attached "Description for R.
Blair Carolyne Alien Family Trust, dated 3 September 1997 Allen Family Exempt
Tract which is incorporated herein by this reference.
TOGETHER WITH a 60 -foot wide, perpetual, nonexclusive right of way easement for
ingress and egress and all underground utilities, for the benefit of grantees and their
heirs, successors and assigns, to the above described land, as more particularly
described on the attachment described above, including the right to improve, maintain,
975257 2/13/2014 2:16 PM
LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4
BOOK: 828 PAGE: 98 MORTGAGE
JEANNE WAGNER LINCOLN COUNTY CLERK
1111111111111111111111111111111111111111111111111111111111111[1111111111111
improve, maintain, and inspect said easement at grantees' expense, the use of which
easement is exclusively at grantees' election and liability.
SUBJECT TO all covenants, easements, exceptions, restrictions, reservations and
rights of way of sight or record.
Including any and all improvements thereon, together with the tenements, hereditaments,
and appurtenances thereto belonging, and the rents, issues and profits thereof.
Mortgagors must give Mortgagees thirty (30) days written notice prior to any conveyance or
encumbrance of any interest in said property. If all or any part of said property or an interest
therein is conveyed or encumbered by Mortgagors without Mortgagees' prior written consent, the
Mortgagees may, at Mortgagees' option, declare all the sums secured by this mortgage to be
immediately due and payable.
Mortgagors also agree to pay all taxes and assessments on said premises, including any
assessments that may be levied on water rights or shares of stock used in connection therewith, or
held as collateral with the above note; also any tax that may be assessed by reason of this
mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or
the commencement of any legal proceedings for foreclosure of the same, and said attorney's fees
shall be added to the amount due on this mortgage, and made a lien on the premises described
herein.
In case of default in the payment of any sum covenanted to be paid, either the principal or
interest when the same shall become due and payable, or in case of default in the performance of
any covenant herein contained, the whole amount of this indebtedness secured herein may be
immediately declared due and payable, and to bear interest as provided in the instrument
evidencing the debt secured by this mortgage, and this mortgage foreclosed at the option of the
legal holder. In the event of default, Mortgagors grant to Mortgagees a Power of Sale to foreclose
on and sell said property at public auction pursuant to §34 -4 -101 et seq., Wyo. Stat., 1977, or its
successor.
IN WITNESS WHEREOF, Mortgagors have executed this Mortgage as of the 11th day of
February, 2014.
2
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
Witness my hand and official seal.
GERALD L. GOULDING NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires May 2, 2015
My commission expires: May 2, 2015.
The foregoing Mortgage was acknowledged before me by Troy David Stark and Anna Rose
Stark, husband and wife, this 11th day of February, 2014.
3
roy David Stark
Anna Ros'- Stark
NOTARY PUBLIC
rofessional Land Surveyors
AUL N. SCHERBEL
/yo. Registration No. 164
lah Registration No. 1670
Iatw Registration No. 3990
evade Re91593600 No. 8805
COTTA. SCHERBEL
/yo. Registration No. 3889
3h Registration No, 372111
Mho Reglstraliun No. 8026
ARLOWE A. SCHERBEL
lyo. Registration No. 5368
ARL F. SCHERBEL
'yo. Registration No. 11810
aho Registration No. 13493
FEDS No. 1223
aveyor Scherbel, LTD.
Ion, Wyoming
g Piney, Wyoming
meson. Wyoming
Iva Hol Springs. Idaho
weal*, Idaho
DESCRIPTION FOR
R. BLAIR CAROLYNE ALLEN FAMILY TRUST, DATED 3 SEPTEMBER 1997
ALLEN FAMILY EXEMPT TRACT
To -wit:
That part of the SE1/4NEV of Section 32, T33N R118W, Lincoln County, Wyoming, being part of
that tract of record in the Office of' the Clerk of Lincoln County in Book 491 of Photostatic Records
on page 701, described as follows:'
BEGINNING at the northeast point of said tract of record in Book 491 of Photostatic Records on
page 701, identical with the northwest point of that tract of record in said Office in Book 491 of
Photostatic Records on page 707, S39 03' -32 "W, 477.34 feet, from the northeast corner of said
SE'VINE'Y4;
thence N89 52' -47 "W, 300.00 feet, along the north line of said tract, to a point;
thence S00 07' -13 "W, 290.00 feet, along a line parallel with the east line of said SE' NE'Y4, to a
point;
thence S89 52' -47 "E, 300.00 feet, to the southwest point of said tract in Book 491 of Photostatic
Records on page 707;
thence N00 07' -13 "E, 290.00 feet, along the west line of said tract in Book 491 of Photostatic
Records on page 707, to the POINT OF BEGINNING;
ENCOMPASSING an area of 2.00 acres, more or less;
the BASE BEARING for this survey is the east line of the SE1/4 of Section 32, T33N, RI 18W, being
N00 08' -00 "W;
TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land sixty
(60) feet in width, described as follows:
BEGINNING at the southeast spike of said tract in Book 491 of Photostatic Records on page
707, on the east line of said SE'V4NE'Vi;
thence N89 52' -47 "W, 300.00 feet, along the south line of said tract in Book 491 of
Photostatic Records on page 707, to the southwest point thereof, identical with the southeast
point of the above described Allen Family Exempt Tract;
thence continuing, N89 52' -47 "W, 60.00 feet, along the south line of said Allen Family
Exempt Tract, to a point;
thence S00 07' -l3 "W, 60.00 feet, to a point;
thence S89 52' -47 "E, 360.00 feet, to a spike on the east line of said SE1/4NE1/4;
thence N00 07' -13 "E, 60.00 feet, along said east line, to the SPIKE OF BEGINNING;
each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk
of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed.
"SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County
titled, "R. BLAIR CAR LLEN FAMILY TRUST, DATED 3 SEPTEMBER 1997
PLAT OF FAMILY EX 1 &1614 WITHIN THE SE'/NE'/ SECTION 32 T33N RI I 8
LINCOLN,COUNTY f. tAllS(' January 2014, as revised.
23 January 2014
"Modification in an
egoing description terminates liability of the surveyor'