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HomeMy WebLinkAbout978132MORTGAGE DEED WITH RELEASE OF HOMESTEAD 978132 8/26/2014 11:37 AM LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4 BOOK: 838 PAGE: 430 MORTGAGE JEANNE WAGNER LINCOLN COUNTY CLERK Stewart Landon Petersen and Devyn A. Petersen, husband and wife, of P.O. Box 188, Cokeville, WY 83114 to secure the payment of Seven Hundred Thousand Dollars and 00 /100 ($700,000.00), with interest from May 20, 2014, at the rate of Three and one -half Percent (3.5 per annum, payable yearly in accordance with the terms of a certain Promissory Note of even date herewith, evidencing said indebtedness, do hereby mortgage to Raymond S. Petersen Sons, Inc, a Wyoming Corporation, of P.O. Box 294, Cokeville, WY 83114 the following described real estate, situated in the County of Lincoln, in the State of Wyoming, to -wit: That property as more fully described on Exhibit "A" a copy of which is attached hereto and by this reference made a part hereof. TOGETHER WITH all improvements, appurtenances, hereditaments and all other things thereunto belonging or in anywise appertaining. SUBJECT, HOWEVER, to all easements, rights -of -ways, reservations, restrictions, conditions of record. The Mortgagor agrees to pay the indebtedness hereby secured, and to pay all taxes and assessments on said premises and to keep the buildings thereon insured in a sum not less than the unpaid balance due hereunder during the life of this Mortgage, in favor of and payable to the Mortgagee, and in case the Mortgagor shall fail to pay such taxes and assessments and to keep the premises insured, as aforesaid, the Mortgagee may insure said buildings and pay said taxes and assessments, and all sums so paid shall be added to and considered as a part of the above indebtedness hereby secured, and shall draw interest at the same rate. In case default shall be made in the payment of the above sum 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 default shall be made in any of the covenants and agreements hereof, then the whole indebtedness hereby secured with the interest thereon shall become due and, payable, and the Mortgagee, their legal representatives or assigns may proceed to foreclose this Mortgage by advertisement and sale of the above described premises, at public vendue, for cash, according to Wyoming Statutes governing mortgage foreclosures, and out of the proceeds of such sale he shall 1111 1111V 111111111111D 011111111111111111111111H1111111111111 1, pay all sums due hereunder, together with all costs of sale and foreclosure, including reasonable attorneys' fees. HEREBY relinquishing and waiving all rights under and by virtue of the homestead exemption laws of said state. IN WITNESS WHEREOF, the Mortgagors have caused these presents to be signed this Avy A- day of Stewart Landon Petersen Dvyn A. Petersen STATE OF WYOMING COUNTY OF LINCOLN )ss. The foregoing instrument was acknowledged before me by Stewart Landon Petersen and Devyn A. Petersen, this day of xiy; 2014. WITNESS my hand and official seal. CELESTE JACKMAN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN E WYOMING MY COMMISSION EXPIRES AUG. 12, 2017 J Notary ublic P nk:swat Land 0on9r1a PAUL It SCHEREEL Wry Reps 0,0on No. tes U3h Reyuvnhm No. 1670 Wales Re700000 t N. 3690 16000, i eysOatcn Na. 6025 SCDR.. SCI6ERBEL Riga Registration Na 3960 ilan RegWaano 100. 32211t Caro Reps0014, No 6026 606.C' 0E h SCHERBE_ ;u. R ,vu,Uerlm 5 KARL SCHERBEL Wyo. Reg0ua6at No. 11010 !OenO Reostrmusn No. 13493 CFEDS No. 1223 Suno or S&.athst. LID 9 9 Paaa 9WorteoC Jackson. Wyonung Lora lice 050030. Idaho 16000 s. won DESCRIPTION FOR LANDON PETERSEN FT OF THE RAYMOND PETERS.EN LAND LN T25N R118W To- wit: Tract 41 (160.02 acres); The following described land within T25N, R118W, Lincoln County, Wyoming: Note that unless otherwise noted. the references herein to Sections, Tracts and Lots .refer to the General Land Office Resurvey Plat ofsaid T25N'RII1SW dated 1909; The note "(1913)" following a Tract or Lot refers to the General Land Office Resurvey Plat ofsaid T25N R118W dated 1913; Tract 42 EXCEPT that part lying and being situate northwesterly of the northwesterly right -of- way line of State Highway 232 (72.55 acres); Tract 46 EXCEPT that part lying and being situate northwesterly of the northwesterly right -of- way line of State Highway 232 (158.45 acres); those two (2) parts of Tract 78 lying and being situate easterly of the centerline of Smith's Fork County Road which is now State Highway 232, EXCEPT Lot 1 of the Smith's Fork Subdivision and Lot 2 of the Smith's Fork II Subdivision (109.10 acres); that part of Tract 79 lying and being situate westerly of an existing north/south fence line with said fence described as tbllows: commencing at Corner No. 1 of said Tract No. 79; thence West, 60 feet, more or less, along the north line ofsaid Tract No. 79 to a comer fence post and POINT OF BEGINNING; thence South, 2640 feet, more or less, along said existing fence line to an intersection with the south line of said Tract No. 79 (155.94 acres); those parts of Lot 7, Lot 18 (1913) and the NEI /SW1 /4 of Section 28 lying and being situate westerly of the tbllowing described lute: BEGINNING at Corner No. 3 (southwest) of Tract No. 54 (1913) found as described in the certified land comer recordation certificate on file in the Office of the Clerk of Lincoln County; thence South, 2632 feet, more or less, protracting the west line of said Tract No. 54. to an intersection with the north line of Tract 39 (26.15 acres); Lot 8, Lot 17 (1913), the NWI /4NW1 /4, the SW1 /4NW1/4 and the NWI /4SW1!4 of said Section 28 (155.93 acres); Lot 1, Lot 4, Lot 5, Lot 8. Lot 11, Lot 14, Lot 15, Lot 22, Lot 23, Lot 24, the SWI /4NE1/4, the SE1 /4NE1 /4, the NW 1 /4SE1 /4 and the NEI /4SE1/4 of Section 29 EXCEPT that part lying and being situate northwesterly of the northwesterly right -of -way line of State Highway 232 (387.59 acres); those parts of Lot 4 and Lot 15 of Section 32 lying and being situate westerly of an existing north/south fence line with said fence line described as follows: BEGINNING at a cedar post fence corner on the north line of Tract No. 40, West, 676 feet, more or Less, from Comer No. 1 of said Tract No. 40 found as described in the Certified Land Corner Recordation Certificate tiled in the Office of the Clerk of Lincoln; 'Modification in any way of the foregoing description terminates liability of the surveyor' EX T ItQa f'rolosonal Lard Sorve.ws 0AU4 N. SCHERBEL Wm. Regmoraka No. 164 Wsn Regkea6on Na. 1676 Idea 96369pgon No. 3996 hoo60 Rogaoeem No 69115 SCOTT SCHERBEL Wya Re(.,la4Ion No. 3865 Ue16 Reptrolhr No. 372111 Wane RopRlpion No. 3026 IA RLOWE:. SCHERBEL 6Pc Rcas0awn No. 6308 KARL F SCHEREEL Wyo. Rnglsoafavl N0. 11616 Idaho R_g5141an No. 13 CF1SD5 No 6223 Son'eya Scheme,. LTD Man. Y)ymng 84 Pe 4. Ryemn9 Jecesnn sryommg •4 1001 So ong, 41a^c Idonre9m 19900 DESCRIPTION FOR LANDON PETERSEN DRAFT OF THE RAYMOND PETERSEN LAND IN T2SN R11SW PAGE TWO OF TWO thence North, 1320 feet to an intersection with Line 2 -3 of Tract N. 41 (20 acres); that part of Tract No. 99 (said Tract No. 99 being mostly in T24N, R119W), being a narrow strip of land extending along the northern boundary ofsaid Tract No. 99 and within said T25N, R1181 described as follows: BEGINNING at Comer No. 4 of said Tract No. 99; thence South, 0.80 chains (52.8 feet), along the western boundary of said Tract No. 99; thence East, 40.00 chains (2640 feet), along the centerline of Pine Creek County Road to the eastern boundary of said Tract No. 99; thence North. 0.08 chains (52.8 'feet) along said eastern boundary to Conner No. 1 of said Tract No. 99: thence West. 40 chains (2640 feet), along the northern boundary of said Tract No. 99 to the place ofbeginning (3,2 acres); ENCOMPASSING a total area of 1248.93 acres, more or less; SUBJECT to Pine Creek County Road No. 12 -204 and State Highway 232; that the acreages shown hereon are nominal acreages taken from the original government survey plats, previous deeds or calculated from those records and no warranty is either expressed or implied as the accuracy of any of these acreages; that no additional surveys were made nor monuments set to mark any of the above described lands. 30 May 2014 File: Landon Petersen Des. "Modification in any way of the foregoing description terminates liability of the surveyor"