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Home My WebLink About978156 978156 8/28/2014 10:48 AM LINCOLN COUNTY FEES: $15.00 PAGE 1OF 2 BOOK: 838 PAGE: 516 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK Order No.: ATEC-239740 I11111111111111111111111111111111IIII111111111111111III1111111111111IIII11111111 MORTGAGE Stephen W. Hotbehner and Judith L Holbeimer, Trustees of the Stephen and Judith Holheiomer 1996 Trust of 1687 Grand Ave Astoria, OR 97103, (herein collectively called MORTGAGOR"), to secure the payment of 8573,525.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is September 4, 2024) and all renewals, modification and extensions thereof, do hereby mortgage unto WIN 4, LLC, a Louisiana limited liability company of New Orleans, LA 70130 (herein called "MORTGAGEE"), 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: The Southeast Quarter Southwest Quarter of Section 30 and the Northeast Quarter Northwest Quarter, Northwest Quarter Northeast Quarter and portions of the Southeast Quarter Northwest Quarter, the Southwest Quarter Northeast Quarter and the Northeast Quarter Northeast Quarter of Section 31, Township 34 North, Range 118 West, 6th P.M., located West of Bedford, Lincoln County, Wyoming and being more particularly described as follows: BEGINNING at the Northeast comer of said Section 31, being a BLM type monument found located at or near the Southeast corner of the Bedford Cemetery; thence running South 0°13' West, along the East line of said Section 31, 741.81 feet to its intersection with the centerline of the Strawberry Creek County Road No. 12 -126, said intersection being in a non tangent 2 Degree curve to the right having a radius of 2864.789 feet, a tangent to said curve at said point bearing South 2719'11" West; thence running Southwesterly, along said curve and said centerline through a central angle of 14 °16'13" an arc distance of 713.514 feet to the South line of said Northeast Quarter Northeast Quarter, a tangent to said curve at said point bearing South 41°3574" West thence North 89°5172" West 915.73 feet to the Northeast 1/16 corner of said Section 31; thence South 0°0234" West 709.76 feet to the centerline of said County Road 12- 126, also located on a non tangent 2 Degree curve to the left, having a radius of 2864.789 feet, a tangent to said curve at said point bearing South 62°00'29" West thence running Southwesterly, along last said curve through a central angle of 9°28'34" an arc distance of 473.806 feet to its point of tangency with a line; thence South 52°31'55" West, along last said line, 145.46 feet to a tangent 19 Degree curve to the right having a radius of 301.557 feet; thence running Westerly along said curve and said centerline through a central angle of63 °43'00" an arc distance of' 33531 feet to a tangent line; thence North 63 °45'55" West, along last said line, 202.64 feet to a tangent 3 Degree curve to the left having a radius of 1909.859 feet; thence running Westerly along last said curve through a central angle of 20°26'00° an arc distance of 681.111 feet to a tangent line; thence North 84 °11'05" West, along last said curve, 10732 feet to a tangent 4 Degree curve to the left having a radius of 1432394 feet; thence running Westerly along last said curve through a central angle of 1 °54'12" an arc distance of 47.583 feet to a point in said curve and said centerline; thence leaving said curve and said centerline and running North 3 °55'06" West 29.68 feet to an Iron Pipe found marking the Southeast comer of a 4.923 acre tract of land described as the EXCEPTION from Deed No. 585174 and more particularly surveyed, described and the corners marked by Iron Pipes near to existing fence lines by Lloyd B. Baker in 1983; thence Northerly, Westerly and Southerly along the existing marked boundary of last said tract the following courses and distances: North 3°22'36" West 19836 feet North 62 °59'19" West 322.36 feet, South 64°30'48" West 329.88 feet, North 87°10'34" West 17035 feet; thence running North 0°35'12" East along a fence line, 559.72 feet to the South line of the Northeast Quarter Northwest Quarter of said Section 31; thence North 89°50'36" West along last said South line 36.00 feet to the Northwest 1/16 corner of said Section 31; thence continuing, North 0 °08'30" East, along the West line of the Northeast Quarter Northwest Quarter of said Section 31, 1321.50 feet to the Southwest corner of first said Southeast Quarter Southwest quarter of Section 30; thence running North 0°0T01" West, along the West line of last said Southeast Quarter Southwest Quarter, 131532 feet to the Southwest 1/16 comer of said Section 30; thence running North 89°53'50" East, along the North line of last said Southeast Quarter Southwest Quarter, 1295.485 feet, more or less, to the Center South 1/16 corner of said Section 30; thence running South 0°0477" West along the East line of last said Southeast Quarter Southwest Quarter, 1318.796 feet to the Quarter Comer common to said Sections 30 and 31; thence running South 89°58'42 East, along the line common to said Sections 30 and 31, 1319.67 feet thence South 89°58'42" East, continuing along last said common line, 1320.17 feet to the Point of Beginning. 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 insurance 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 so 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 defauh 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 proceedings, 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 only. Q A A i. t 1 Witness our hands this l day of 2014 The hen and did) Ho eirnyr Trust i W Stephen W. Hofheimer, Trustee ith I4c9 uner, State of o e SS. County of ly u The foregoing instrument was acknowledged before me this LI day of A 1.A. G U S r 2014, by Stephen W. Hofheimer and Judith 1. Hofheimer, Trustees of the Stephen and Judith Hofheimer 1996 Trust. Witness my d and official seal a '4,2-4CiA-A-- No Pu lic 2 My commission expires: L B 17 2 C t OFFICIAL REAL LISA A HAU5R NOTARY PU ®610.OREGON x COMMISSION Na MOON MY MMISSIS N SWIMS OCITOUR iii, 2014