HomeMy WebLinkAbout978949Beau Erickson and Jennifer Erickson, husband and wife whose address is P.O. Box 1323,
Afton, WY 83110 as (herein collectively called "Mortgagor to secure the payment of
$80,000.00 with interest thereon, as provided in and evidenced by a promissory note of even
date herewith (the ultimate maturity date of which is September 20, 2024) and all renewals,
modification and extensions thereof, do hereby mortgage unto
Allen D Carter, Trustee of the Allen Carter Family Trust dated November 8, 1999, of 88724
Highway 89 Afton, WY 83110 (herein called "Mortgagee its 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:
That part of Section 14, T31 N R119W, Lincoln County, Wyoming described on the
attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for Allen D.
Carter Parcel B Adjusted dated August 26, 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.
In the event Mortgagor fails to pay such taxes or assessments, as herein provided Mortgagee
may pay such taxes and assessments, 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 only.
9 -IV y y Witness our hands this of Octob
78949 10/21/2014 4:40 PM
:NCOLN COUNTY FEES: $21.00 PAGE 1 OF 4
OOK: 841 PAGE: 836 MORTGAGE
:ANNE WAGNER, LINCOLN COUNTY CLERK
1111111111111111111111IIIII1111111111010111011101110111I111111IIIIIIIIIII
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
MORTGAGE
The foregoing in trurpent was acknowledged before me by Beau Erickson and Jennifer
Erickson, on the day of October, 2014.
Witness my hand and official seal.
My Commission Expires: 03%2)
Notary Public
sional Land Surveyors
N. SCHERBEL
Registration No. 164
tegistration No. 1670
Registration No. 3990
a Registration No. 6805
TA. SCHERBEL
Registration No. 3889
Registration No. 372111
Registration No. 8026
OWE A. SCHERBEL
Registration No. 5368
.F.SCHERBEL
Registration No. 11810
Registration No. 13493
)S No. 1223
yor Scherbel, LTD.
Wyoming
ney, Wyoming
Wyoming
-lot Springs, Idaho
idler, Idaho
DESCRIPTION FOR
ALLEN D. CARTER
PARCEL B ADJUSTED
To -wit:
That part of the S' /ZNEI /a of Section 14, T31N R119W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 497 of
Photostatic Records on page 430, and in accordance with that unrecorded agreement dated
19 May 1997 between Mont Harmon and Allen D. Carter, described as follows:
BEGINNING at the southeast corner of said S' /zNE' /4;
thence S89 43' -38 "W, 840.66 feet, along said south line, to a point;
thence continuing S89 43' -38 "W, 142.7 feet, more or less, to the thread of the Salt River;
thence along said thread as follows:
N08 48' -36 "W, 185.7 feet, more or less, to a position;
N16 18' -53 "E, 130.3 feet, more or less, to a position;
N48 14' -48 "E, 122.6 feet, more or less, to a position;
N06 37' -28 "W, 104.6 feet, more or less, to a position;
N20 25' -13 "W, 166.0 feet, more or less, to a position on the north line of said
tract and said unrecorded agreement;
thence N88 22' -15 "E, 50.0 feet, along said north line, to a point;
thence continuing N88 22' -15 "E, 229.12 feet, along said north line, to a point;
thence N89 07' -00 "E, 246.46 feet, along said north line, to a point;
thence S89 58' -01 "E, 441.11 feet, along said north line, to a point on the east line of said
S' /zNE' /4;
thence S01 07' -04 "W, 656.82 feet, along said east line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 14.47 acres, more or less;
the BASE BEARING for this survey is the north line of the NW1/4 of Section 14, T31N
R119W, being S89 43' -00 "W;
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;
TOGETHER with a right of ingress and egress and utilities over, under and across the
south thirty -two (32) feet of the that part of the SW1/4 of Section 14 lying and being situate
easterly of Bitter Creek County Road No. 12 -140 of record in said Office in Book 397 of
Photostatic Records on page 750; AND
TOGETHER with that right of ingress, egress and utilities over, under and across a strip of
land described on attached exhibit `B" titled, "DESCRIPTION FOR ACCESS
EASEMENT WITHIN SECTION 14, T31N, R119W dated 24 September 1997;
RESERVING unto the grantor a right to construct, maintain and replace utilities under and
across the northerly ten (10) feet of the above described Parcel B- Adjusted;
"Modification in any way of the foregoing description terminates liabiT 5 if; G egriisi e LtoD° carter
i
ssional Land Surveyors
N. SCHERBEL
Registration No. 164
Registration No. 1670
Registration No. 3990
da Registration No. 6805
TT A. SCHERBEL
Registration No. 3889
Registration No. 372111
Registration No. 8026
:LOWE A. SCHERBEL
Registration No. 5368
IL F. SCHERBEL
Registration No. 11810
o Registration No. 13493
DS No. 1223
eyor Scherbel, LTD.
1, Wyoming
'iney, Wyoming
son. Wyoming
r Hot Springs, Idaho
tpelier, Idaho
DESCRIPTION FOR
ALLEN D. CARTER
PARCEL B ADJUSTED
PAGE TWO
it is intended that the actual thread of Salt River, as it moves with changes caused by
accretion and erosion of the river, be the actual boundary of the tract for that part of the
above described tract referenced as coursing the thread of the river; the above calls along
the thread of the Salt River are an approximation of the thread for the purposes of
determining the approximate acreage of the above described tract;
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 with appropriate
details;
each "position" is a calculated position with no monument found or set;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "PLAT OF PARCEL A ADJUSTED AND PARCEL B ADJUSTED
AND EASEMENTS FOR ALLEN D. CARTER WITHIN SECTION 14 T31N R119W
LINCOLN CO TY, WYOMING ate ..1 August 2014, as revised.
ust 2014
'M1W7T�y�J�
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"Modification in any way of the foregoing description terminates liar liV bf ktWg191\g `yadVin caner
wont Land Surveyors
N. Soheroei
RepsBelton No. 164
Registration No. 3990
Registration No. 1670
0a Registration No. 6805
A. ScherWI
Registration No. 3669
Registration No. 9026
owe A. Scho 0ol
Regoslrolwn No. 5368
woe Schorhel, LTD.
Wyoming
mey. Wyoming
■on. Wyoming
Hot SOrinos. Idar.o
pelier. Idaho
DESCRIPTION FOR ACCESS EASEMENT
WITHIN
SECTION 14 T31N R119W
To wit:
EXHIBIT "B'
The south thirty -two (32) feet of the SW', of said Section 14,
lying and being situate easterly of the Bitter Creek County
Road No. 12 -140, of record in the Office of the Clerk of
Lincoln County in Book 397 of Photostatic Records on page 750;
AND
A strip of land thirty (30) feet in width within Section 14,
T31N, R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at the southeast corner of the SWIX of said Section
14;
thence N11 14'- 32'iW, 1281.40 feet, to a point;
thence N72 41' -56 "E, 260.32 feet, to a point at
corner;
thence N00 07' -12 "W, 1300.30 feet, along an existing fence
line, to a point at a fence corner;
thence N89 37' -13 "E, 1805.25 feet to a point;
thence S00 22' -47 "E, 30.00 feet to a point;
thence S89 37 -13 "W, 1745.38 feet to a point;
thence S44 45' -01 "W, 42.52 feet to a point;
thence S00 07' -12 "E, 1262.56 feet to a point;
thence S72 41' -56 "W, 225.46 feet to a point;
thence S30 43' -42 "W, 44.61 feet to a point;
thence S11 14' -32 "E, 1148.72 feet to a point;
thence S29 37' -26 "E, 91.71 feet to a point on the south line
of the SE',, of said Section 14;
thence S89 38' -44 "W, 60.00 feet to the CORNER OF BEGINNING;
a fence
the BASE BEARING for this survey is the north line of the NW;
of Section 14, T31N, R119W, being S89 43' -00 "W;
each "corner" found as described in that Corner Record 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 with appropriate details;
all in accordance with the plat prepared to be filed in the
Office of the Clerk of Lincoln County titled, "PLAT TO
ACCOMPANY PARCEL DIVISION APPLICATION FOR LAZY K BAR SPEAR LAND
AND LIVESTOCK, INC. PARCELS A, B AND C WITHIN SECTION 14 T31N
R119W LINCOLN COUNTY, WYOMING dated 14 July 1997 and revised
22 September 1997.
1 eJs1rJV C��� it:
L
September 1997 i Y
r
kenl4 eas -,atosd
ni•.11h�v i�
"Modification in any way of the forep.ninn description terminates liability of the syn