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HomeMy WebLinkAbout978081Ryan Alan Merritt and Inger Faylene Merritt, husband and wife, whose address is P.O. Box 55, Auburn, WY 83111 as (herein collectively called "Mortgagor to secure the payment of$143,416.08 with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is July 20, 2018) and all renewals, modification and extensions thereof, do hereby mortgage unto David A. Bender, Jr. and Cammie Bender, husband and wife, of P.O. Box 2152, Lebanon, OR 97355 (herein called "Mortgagee their successors and /or assigns the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to -wit: only. The for on the That part of Section 5, T32N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for Obed L. and Theresa A. Wogerman Family Trust dated 20 May 1999 dated 19 June 2014. Mortgagor agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and charges levied against the Property, as the same become due and payable; to secure, maintain and furnish Mortgagee evidence thereof, insurance with an insurance carrier or carriers acceptable to Mortgagee, covering the improvements on the Property against loss by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost) of such improvements whichever is less, which insurance shall contain an appropriate loss payable provision protecting Mortgagor and Mortgagee as their respective interests may appear from time to time. In the event Mortgagor fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided Mortgagee may pay such taxes and assessments and may secure and pay for such insurance, and all sums paid shall be added to and considered a part of the indebtedness hereby secured and shall draw interest at the same rate. In case default shall be made in the payment of the above sums hereby secured, or in the payment of the interest thereon, or any part of such principal or interest, when the same shall become due; or in case of default shall be made in any of the covenants and agreements thereof, or in the event Mortgagor sells or conveys the Property, or any part thereof, or any interest therein, without the prior written consent of the Mortgagee first had and obtained, then the whole indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of Mortgagee, and Mortgagee's legal representatives and assigns, may proceed by advertisement and sale /or as otherwise authorized by governing law, to foreclose on and sell the Property, and out of the proceeds of such sale Mortgagee shall pay all sums due hereunder, together with all costs of sale including reasonable attorney's fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs. Mortgagee shall be entitled to a deficiency judgment. In the event of any default whereby the right of foreclosure occurs hereunder, Mortgagee shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues and profits from the accruing of any such rights and during the pendency of the foreclosure proceeding, and the period of redemption, if any there be. Mortgagor warrants title to the Property as to parties claiming by through or under the Mortgagor Witness our hands this STATE OF WYOMING )ss. COUNTY OF LINCOLN instrument was acknowledged before me by Ryan Alan Merritt and Inger Faylene Merritt, day of August, 2014. Witness my hand and official seal. My Commission Expires: 978081 8/21/2014 2:08 PM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 838 PAGE: 219 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK II III I IIII IIII II 1 I I II 11111 1111111111111111 1111 1111111111 II 11 MORTGAGE of August, 2014. Rya ;VLi 1�i! A. A/ j �1 Inger Fllene Merritt Notary Public .C-A.(LP mai Land Surveyors SCHERBEL gistration No. 164 gistration No. 1670 egistrat on No. 3990 Registration No. 6805 A. SCHERBEL igistration No. 3889 gistration No. 372111 egistration No. 8026 WE A. SCHERBEL ?gistration No. 5368 SCHERBEL egistra8on No. 11810 :egistra8on No. 13493 No. 1223 r Scherbel, LTD. Vyoming ;y, Wyoming 1, Wyoming DI Springs, Idaho lier, Idaho DESCRIPTION FOR OBED L. AND THERESA A. WOGERMAN FAMILY TRUST, DATED 20 MAY 1999 To -wit: That part of GLO Lot 4 and that part of the SW' /4NW of Section 5, T32N R119W, Lincoln County, lying and being situate southerly of the centerline of Stump Creek County Road No. 12 -133 LESS and EXCEPT: The Wogerman House Tract as described on the attached exhibit titled, "DESCRIPTION FOR OBED L. AND THERESA A. WOGERMAN FAMILY TRUST, DATED 20 MAY 1999 WOGERMAN HOUSE TRACT dated 19 June 2014; AND That tract of record in the Office of the Clerk of Lincoln County in Book 796 of Photostatic Records on page 487; AND Double JC Ranchettes II of record in said Office with Accession No. 891826; AND Stump Creek Acres, A Subdivision of record is said Office with Accession No. 933077; ENCOMPASSING a total area of 39.88 acres, more or less; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS FOR OBED L. AND THERESA A. WOGERMAN FAMILY TRUST, DATED 20 MAY 1999 WITHIN GLO LOT 3 (NE1/4NW GLO LOT 4 (NW /4NW S A 1 CTION 5 T32N R119W S1/4SW /4 SECTION 34 T33N R119W LINCOL► .G ''Y OMING dated 19 June 2014. 19 June 2014 SCH "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTTA. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 6026 MARLOWEA. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEPS 14o. 1223 Surveyor Scherbel. LTD. Afton, Wyoming Big Piney, Wyoming Jackson. Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR OBED L. AND THERESA A. WOGERMAN FAMILY TRUST, DATED 20 MAY 1999 WOGERMAN HOUSE TRACT To -wit: That part of GLO Lots 3 and 4 of Section 5, T32N R119W, Lincoln County, Wyoming and that part of the S1/2SW1/4 of Section 34, T33N R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 116 of Photostatic Records on page 100, Book 527 of Photostatic Records on page 526 and in Book 814 of Photostatic Records on page 789, described as follows: BEGINNING at a spike on the centerline of Stump Creek County Road No. 12 -133, N06 10'-56"W, 59.05 feet, from the southeast corner of said SW1/4SW1/4; thence S01 45' -16 "E, 356.05 feet, along an existing fence line, to a point; thence S89 59 -47 "W, 414.00 feet, to a point; thence N00 12' -16 "E, 60.00 feet, to a point on the southerly right -of -way line of said Stump Creek County Road at right -of -way Station PC 49 +73.57 30'RT; thence N20 09' -19 "W, 30.00 feet, to a spike at Station PC 49 -73.57 on said centerline at the beginning of a non tangent circular curve to the left whose radius bears N20 09' -19 "W; thence northeasterly, 264.51 feet, along the arc of said curve, through a central angle of 18 51'-00", with a radius of 804.00 feet, and a chord bearing N60°-25'-11"E, 263.32 feet, to a spike at Station PT 52 +38.09; thence N50°-59'-41"E, 142.45 feet, along said centerline, to a spike at Station PC 53 +80.53, the beginning of a circular curve to the right; thence northeasterly, 88.02 feet, along the arc of said curve, through a central angle of 11°-37'- 11", with a radius of 434.00 feet, and a chord bearing N56 48' -16 "E, 87.86 feet, to the POINT OF BEGINNING; ENCOMPASSING an area of 2.02 acres, more or less; the BASE BEARING for this survey is the west line of the NW1/4 of Section 5, T32N R119W, being N00 32' -34 "E; it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lines; SUBJECT to an easement for Stump Creek Road No. 12 -133; each "corner" found as described in the Comer Record filed or to be filed in the Office of' the Clerk of Lincoln County; each "point" ,.narked 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; each "spike" marked by a 3/8" x 12" steel spike [referenced by a 5/8" x 24" steel reinforcing rod with 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, "PLAT OF TRACTS FOR OBED L. AND THERESA A. WOGERMAN FAMILY TRUST, DATED 20 '99 WITHIN GLO LOT 3 (NE1/4NW GLO LOT 4 (NW' /4NW1/4) S' /z► '''I� T32N R119W S1/2SW1/4 SECTION 34 T33N R119W LINCOLN CO ed 19 June 2014, as revised. 19 June 2014 "Modification(,_ the egoing description terminates liability of the surveyor"