Loading...
HomeMy WebLinkAbout977273J 9 NTL -68100 WHEN RECORDED MAIL TO: John Granacha THIS Mortgage, made this 6/30/2014 between ENE Holdings, LLC as Mortgagors, whose mailing address is PO Box 1214 Thayne, Wyoming 83127, grants, conveys, warrants, transfers and assigns to John Granacha and Charlotte Granacha, Trustees of the John and Charlotte Granacha Living Trust dated, January 25, 2005 as Mortgagees, whose address is, PO Box 229, Freedom, WY 83120 A Mortgage and security interest in property in Lincoln County, State of Wyoming, more particularly described as follows: Exhibit "A" 977273 7/1/2014 11:11 AM LINCOLN COUNTY FEES: $24.00 PAGE 1 OF 5 BOOK: 835 PAGE: 354 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 1IIIIIII1111111111111111 Mortgage Together with all buildings, fixtures and improvements thereon and all water rights, rights of way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, now or hereafter used or enjoyed with said property, or any part thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Mortgagee to collect and apply such rents, issues, and profits; FOR THE PURPOSE OF SECURING (1) payment of the indebtedness evidenced by a promissory note of even date herewith, in the principal sum of $200,000.00 made by Mortgagor payable to the order of Mortgagee at the times in the manner and with interest as therein set forth, and any extensions and /or renewals or modifications thereof; (2) the performance of each agreement of Mortgagor herein contained; (3) the payment of such additional loans or advances as hereafter may be made to Mortgagee, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Mortgage; and (4) the payment of all sums expended or advanced by Mortagee under or pursuant to the terms hereof, together with interest thereon as herein provided. TO PROTECT THE SECURITY OF THIS MORTGAGE, MORTGAGOR AGREES: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon, to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon; to comply with all laws, covenants and restrictions affecting said property; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general; and, if the loan secured hereby or any part thereof is being obtained for the purpose of financing construction of improvements on said property, Mortgagor further agrees: (a) To commence construction promptly and to pursue same with reasonable diligence to completion in accordance with plans and specifications satisfactory to Mortgagee, and (b) To allow Mortgagee to inspect and property at all times during construction. 2. Mortgagor shall obtain, pay for and continue in forte a blanket policy in the amount of $1,000,000.00. Mortgagor shall obtain, pay for and continue in force an insurance policy on the building in an amount not less than $300,000.00 consisting of fire and casualty insurance including earthquake coverage on the building and contents, and personal injury, comprehensive liability insurance for both fire and casualty insurance and liability.. insurance during the life of this mortgage, for the mutual benefit protection of the parties. Mortgagor shall.have Mortgagee named as first loss payee on the insurance policies, shall deliver a copy of the policies to Mortgagee, shall pay all premiums for the insurance and shall provide Mortgagee with the annual proof in writing that the premiums have been paid and that the insurance is in full force and effect. In addition, the Mortgagor shall indemnify and hold Mortagee harmless from any and all liability and damages including attorney fees which may be awarded or incurred in connection with any losses or injuries suffered on or in connection with the property during the term of this Mortgage. 3. To deliver to, pay for and maintain with Mortgagee until the indebtedness secured hereby is paid in full such evidence of title as Mortgagee may require, including abstracts of title or policies of title insurance and any extensions or renewals thereof or supplements thereto. 4. To appear in and defend any action or proceeding purporting to affect the security hereof, the title to said property, or the rights or powers of Mortgagee; and should Mortgagee elect to also appear in or defend any such action or proceeding, to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum incurred by Mortgagee. 5. To pay at least 10 days before delinquency all taxes and assessments affecting said property, including all assessments upon water company stock and all rents, assessments and charges for water, appurtenant to or used in connection with said property; to pay, when due, all encumbrances, charges, and liens with interest on said property or any part thereof, which at any time appear to be prior or superior hereto; to pay all costs, fees, and expenses of this Mortgage. 6. Should Mortgagor fail to make any payment or to do any act as herein provided, then Mortgagee, but without obligation so to do and without notice to or demand upon Mortgagor, and without releasing Mortgagor from any obligation hereof, may: Make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Mortgagee being authorized to enter upon said property for such purposes; commence, appear in and defend any action or proceeding purporting to affect the security hereof or the rights of powers of Mortgagee; pay, purchase, contest, or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and in exercising any such powers, incur any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor, including cost of evidence of title, employ counsel, and pay his reasonable fees. 7. To pay immediately and without demand all sums expended hereunder by Mortgagee, with interest from date of expenditure at the rate of ten per cent (10 per annum until paid, and the repayment thereof shall be secured hereby. IT IS MUTUALLY AGREED THAT: 8. If an event of default shall occur as provided in the Note or this Mortgage, and if Mortgagor after receiving written notice from Mortgagee demanding cure of such default fails to cure the same within 10 days after such notice, the entire indebtedness may become due and payable at once at the option of the Mortgagee and without notice, and thereafter the unpaid principal shall bear interest at the rate of ten percent (10 per annum; failure to exercise this options howsoever often shall not constitute•a waiver of the right to exercise it thereafter. 9. Should said property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner. Mortgagee shall be entitled to all compensation, awards, and other payments or relief therefor, up to the amount of the outstanding balance then outstanding under the Promissory Note secured hereby, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting said property, are hereby assigned to Mortgagee, who shall, after deducting therefrom all its expenses, including attorney's fees, apply the same on any indebtedness secured hereby. Mortgagor agrees to execute such further assignments of any compensation, award, damages, and rights of action and proceeds as Mortgagee may require. 10. At any time and from time to time upon written request of Mortgagee, payment of its fees and presentation of this Mortgage and the note for endorsement (in case of full release, for cancellation and retention), without affecting the liability of any person for the payment of the indebtedness secured hereby, Mortgagee may (a) consent to the making of any map or plat of said property; (b) join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement affecting this Mortgage or the lien or charge thereof; (d) release, without warranty, all or any part of said property. The grantee in any release may be described as "the person or persons entitled thereto and the recitals therein of any matters or facts shall be conclusive proof of truthfulness thereof. Mortgagor agrees to pay reasonable Mortgagee's fees for any of the services mentioned in this paragraph. 11. As additional security, Mortgagor hereby assigns Mortgagee, during the continuance of this Mortgage, all rents, issues, royalties, and profits of the property affected by this Mortgage and any personal property located thereon. Until Mortgagor shall default in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Mortgagor shall have the right to collect all such rents, issues, royalties, any profits earned prior to default as they become due and payable. If Mortgagor shall default as aforesaid, Mortgagor's right to collect any of such moneys shall cease and Mortgagee shall have the right, with or without taking possession of the property affected hereby, to collect all rents, royalties, issues, and profits. Failure or discontinuance of Mortgagee at any time or from time to time to collect any such moneys shall not in any manner affect the subsequent I enforcement by Mortgagee of the right, power, and authority to collect the same. Nothing contained herein, nor the exercise of the right Mortgagee to collect, shall be, or be construed to be, an affirmation by Mortgagee of any tenancy, lease or option, nor an assumption of liability under, nor a subordination of the lien or charge of this Mortgage to any such tenancy, lease or option. 12. Upon any default by Mortgagor hereunder, Mortgagee may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court (Mortgagor hereby consenting to the appointment of Mortgagee as such receiver), and without regard to the'adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in its own name sue for or otherwise collect said rents, issues, and profits including those past due and unpaid, and apply the same.less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order an Mortgagee may determine. 13. The entering upon and taking possession of said property, the collection of such rents, issues, and profits, or the proceeds of fire and other insurance policies, or compensation or awards for any taking or damage of said property, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 14. The failure on the part of Mortgagee to promptly enforce any right hereunder shall not operate as a waiver of such right and the waiver by Mortgagee of any default shall not constitute a waiver of any other or subsequent default. 15. Time is of the essence hereof. Upon default by Mortgagor in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of Mortgagee. In the event of such default, Mortgagee. may execute a written notice of default and of election to cause said property to be sold to satisfythe obligations hereof, and Mortgagee shall file such notice for record in each county wherein said property or some part or parcel thereof is situated. 16. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of default and notice of sale having been given as then required by law, Mortgagee, without demand on Mortgagor shall sell said property on the date and at the time and place designated in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine (but subject to any statutory right of Mortgagor to direct the order in which such property of consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase price payable in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he deems expedient, postpone the sale from time to time until it shall be completed and in every case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Mortgagee shall execute and deliver to the purchaser its Deed conveying said property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Mortgagee, may bid at the sale. Mortgagee shall apply the proceeds of the sale to payment of (1) the costs and expenses of exercising the power of sale and of the sale, including the payment of attorney's fees; (2) cost of any evidence of title procured in connection with such sale (3) all sums expended under the terms hereof, not then repaid, with accrued interest at 10% per annum from date of expenditure; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto, or the Mortgagee, in its discretion, may deposit the balance of such proceeds with the County Clerk of the county in which the sale took place. 17. Upon the occurrence of any default hereunder, Mortgagee shall have the option to declare all sums secured hereby immediately due and payable and foreclose this Mortgage in the manner provided by law for the foreclosure of mortgages on real property and Mortgagee shall be entitled to recover in such proceeding all costs and expenses incident thereto, including a reasonable attorney's fee in such amount as shall be fixed by the court. 18. This Mortgage shall apply to, inure to the benefit of, and bind all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. All obligations of Mortgagor hereunder are joint and several. The term "Mortgagee" shall mean the owner and holder, including any pledgee, of the note secured hereby. In this Mortgage, whenever the context requires, the masculine gender includes the_ feminine and /or neuter, and the singular number includes the plural. 19. Mortgagee accepts this Agreement when this Mortgage duly executed and acknowledged, is made a public record as provided by law. Mortgagee is not obligated to notify any party hereto of pending sale under any other Mortgage or of any action or proceeding in which Mortgagor or Mortgagee shall be a party, unless brought by Mortgagee. 20. This Mortgage shall be construed according to the laws of the State of WY. 21. The undersigned Mortgagor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him and the address hereinbefore set forth. State of WY County of Lincoln Mail release to )ss. D. FE NOTARY PUBLIC COUNTY OF STATE OF LINCOLN ti WYOMING MY COM MISSION EXPIRES OCTOBER 21, 2015 Dated: Signature of Mortgagor: Eric P. Buehler, Eva Buehler, M.nager On June 30, 2014 personally appeared before me Eric P. Buehler and Eva Buehler, Managers of ENE Holdings, LLC, the signer(s) of the above instrument, who duly acknowledged to me that they executed the same. Notary Public REQUEST FOR FULL RELEASE (To be used only when indebtedness secured hereby has been paid in full.) TO: Mortgagee: The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Mortgage. Said note, together with all other indebtedness secured by said Mortgage has been fully paid and satisfied;' and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Mortgage, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Mortgage delivered to you herewith, together with the said Mortgage, and to release, without warranty, to the parties designated by the terms of said Mortgage, all the estate now held by you thereunder. Exhibit "A" A PORTION OF THE E'/2SW1/4 OF SECTION 14, TOWNSHIP 34 NORTH, RANGE 119 WEST, OF THE 6TH P.M., IN THE TOWN OF THAYNE, LINCOLN COUNTY, WYOMING, BEING PLAT 199 -C WITH INSTRUMENT NO. 870553, RECORDED JANUARY 3, 2001, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE STATE HIGHWAY TYPE MONUMENT FOUND MARKING SC1454 +56.3, 50 FEET RIGHT; THENCE ALONG A 1859.86 FEET RADIUS CURVE TO THE RIGHT (CHORD BEARS N 31°3T00" W, 268.13 FEET), THROUGH A CENTRAL ANGLE OF 8°16'02", 268.36 FEET TO AN IRON PIPE SET; THENCE N 85 °27'23" E, 459.86 FEET TO AN IRON PIPE SET; THENCE SOUTH 217.70 FEET TO AN IRON PIPE SET; THENCE S 81 °34'41" W, 321.32 FEET, TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A 60 -FEET PRIVATE ROAD FOR INGRESS, EGRESS AND UTILITIES, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING AN IRON PIPE SET AT A POINT IN THE EAST RIGHT -OF -WAY LINE OF U.S. HIGHWAY 89, SAID POINT BEING 268.36 FEET, ALONG A 1859.86 FEET RADIUS CURVE TO THE RIGHT (CHORD BEARS N 31 °37'00" W, 268.13 FEET), THROUGH A CENTRAL ANGLE OF 8 °16'02 FROM THE STATE HIGHWAY TYPE MONUMENT FOUND MARKING STATION PC1454 +56.3, 50 FEET RIGHT; THENCE, CONTINUING ALONG SAID 1859.86 FEET RADIUS CURVE TO THE RIGHT (CHORD BEARS N 26°29'12" W, 64.69 FEET), THROUGH A CENTRAL ANGLE OF 1 °59'34 64.69 FEET TO AN IRON PIPE SET; THENCE N 85 °27'23" E, 488.80 FEET TO AN IRON PIPE SET; THENCE SOUTH 60.19 FEET TO AN IRON PIPE SET; THENCE S 85 °27'23" W, 459.86 FEET, TO THE TRUE POINT OF BEGINNING. LESS AND EXCEPT THOSE LANDS CONVEYED TO ALPINE WEST, LLC, A WYOMING LIMITED LIABILITY COMPANY IN THAT WARRANTY DEED DATED NOVEMBER 21,. 2013 AND RECORDED NOVEMBER 27, 2013 AS INSTRUMENT NO. 974317 IN BOOK 824, ON PAGE.601 IN THE OFFICE OF THE LINCOLN COUNTY CLERK.