HomeMy WebLinkAbout978992See Exhibit "A"
MORTGAGE
Irby Haydon and Jolea Haydon, of 231 River Rock Road, Afton, WY 83110 (herein collectively
called "MORTGAGOR TO SECURE THE PAYMENT OF $180,000 together with any interest, as
provided in and evidenced by a promissory note of even date herewith (the ultimate maturity
date of which is 3/5/2019) and all renewals, modification and extensions thereof, do hereby
mortgage unto Kendall G. Brough and Corrie H. Brough of Klawock, AK 99925 (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:
978992 10/24/2014 10:03 AM
LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4
BOOK: 842 PAGE: 84 MORTGAGE
JEANNE WAGNER, LINCOLN 101 llll� I IIIIIIII
11111111 111111 1111 111111 1111111 111111 IN 1111111111
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. In the event MORTGAGOR fails to pay such taxes or
assessments, MORTGAGEE may pay such taxes and assessment, 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 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 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.
Witness our hands this I U day of D C'` 2014.
/,�2
I-43,x H ydon
"Jole9(HHay n
State of Wyoming
County of Lincoln
Notary Public:
ss.
The foregoing instrument was acknowledged before me this day of (0 Qr 2014
by Irby Haydon and Jolea Haydon.
Witness my hand and official seal.
My commission expires:
HEATHER WARREN NOTAR;,1?
Stae;of
Wyo'fning
My Commission Expires becember 15, 2014
3tesslonal Land Surveyors
.UL N. SCHERBEL
to. Registration No. 164
3h Registration No. 1670
iho Registration No. 3990
vada Registration No. 6805
:OTT A. SCHERBEL
Q. Registration No. 3889
3h Registration No. 372111
iho Registration No. 8026
RLOWE A. SCHERBEL
o. Registration No. 5368
3RL F. SCHERBEL
to. Registration No. 11810
iho Registration No. 13493
:EDS No. 1223
rveyor Scherbel, LTD.
on, Wyoming
Piney, Wyoming
:kson, Wyoming
va Hot Springs, Idaho
mtpelier, Idaho
DESCRIPTION FOR
KENDALL G. BROUGH AND CORRIE H. BROUGH
TRACT A
To -wit:
That part of the N' /2NE' /4 of Section 23, T31N R119W, Lincoln County, Wyoming, being part of
those tracts of record in the Office of the Clerk of Lincoln County in Book 99 of Photostatic
Records on page 29, in Book 100 of Photostatic Records on page 482, and in Book 283 Photostatic
Records on page 80, described as follows:
BEGINNING at the northeast corner of said N'' /2NE'/4;
thence S00 36' -27 "W, 1294.49 feet, along the east line of said N1/4NE1/4, to a point;
thence S88 52' -00 "W, 1652.44 feet, along an existing fence line, to a point;
thence N09 11' -27 "W, 1328.41 feet, to a point on the north line of said N %2NE1/4;
thence N89 31' -10 "E, 1878.08 feet, along said north line, to the CORNER OF BEGINNING;
ENCOMPASSING an area of 52.85 acres, more or less;
the BASE BEARING for this survey is the west line of the SW'/ of Section 23, T3 1N R119W,
being N00 03' -48 "E;
TOGETHER WITH that right of ingress and egress and public utilities over, under and across the
south thirty -two (32) feet of the SW'/ of Section 14 T31N R119W, Lying and being situate easterly
of the Bitter Creek County Road No. 12 -140, of record in the said Office in Book 397 of
Photostatic Records on page 750; AND
TOGETHER WITH a right of ingress, egress and public utilities over, under and across a strip of
land thirty -two (32) feet in width, with the southerly line described as follows:
BEGINNING at the southwest corner of the SE1/4 of said Section 14;
thence N89 31' -10"E, 1941 feet, more or less, along the south line of said SE'/4 of Section 14,
to the thread of the Salt River;
the northerly right -of -way line of the above described easement to be shortened or lengthened
as necessary to create a continuous and contiguous easement with a minimum width of thirty
two (32) feet; AND
TOGETHER WITH a right of ingress, egress and public utilities over, under and across the land as
described on the attached Exhibit B;
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;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County
titled, "PLAT OF TRACTS AND BOUNDARY ADJUSTMENT FOR KENDALL G. BROUGH
AND CORRIE H. BROUGH AND E ROYCE NIELD AND LYNDI NIELD WITHIN THE
NY2 SEC)I1 231'31N R119�V 1' C ,L,N COUNTY, WYOMING dated 30 September 2014,
as revised. it �•x a„
r ate
ember 2014 1
Sv
tk to
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lifyowgzeP
"Modification in any way of the foregoing description terminates liability of the surveyor"
ufessional Land Surveyors
'UL N. SCHERBEL
yo. Registration No. 164
tah Registration No. 1670
aho Registration No. 3990
avada Registration No. 6805
COTTA. SCHERBEL
'yo. Registration No. 3889
tah Registration No. 372111
aho Registration No. 8026
ARLOWE A. SCHERBEL
'yo. Registration No. 5368
ARL F. SCHERBEL
yo. Registration No. 11810'
aho Registration No. 13493
FEDS No. 1223
urveyor Scherbel, LTD.
Son, Wyoming
ig Piney, Wyoming
3ckson, Wyoming
ova Hot Springs, Idaho
lontpelier, Idaho
DESCRIPTION FOR
KENDALL G. BROUGH AND CORRIE II. BROUGH
SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT
To -wit:
A strip of land, sixty (60) feet in width, for ingress, egress and utilities over, under and across
the NE'% and the NW' /4 of Section 23, T3 IN R119W, Lincoln County, Wyoming, being thirty
(30) feet each side of the following described centerline:
BEGINNING at the southeast point of that tract of record in the Office of the Clerk of Lincoln
County in Book 634 of Photostatic Records on page 752 on the easterly right -of -way line of
Bitter Creek County Road No. 12 -140, S20 10' -55 "E, from the northwest corner of the
SE'/4NW
thence N84 41' -38 "E, 1551.21 feet, along the south line of said tract in Book 634, to the
southeast position thereof, identical with the northeast position of Lot 1 of Scenic View
Subdivision, of record in the Office of the Clerk of Lincoln County with Accession No.
975172;
thence continuing N84 41' -38 "E, 5.46 feet, to a spike;
thence N55 05' -50 "E, 172.52 feet, to a spike;
thence S89 49' -55 "E, 591.38 feet, to a spike;
thence N88 52' -00 "E, 655.20 feet, to a spike;
EXHIBIT B
thence S01°-56'-36"E, 30.85 feet, to a spike, the terminus of this easement and the center of a
sixty (60) foot radius cul -de -sac, as depicted on the below referenced plat;
the BASE BEARING for this survey is the west line of the SW' /4 of Section 23, T31N RI 19W,
being N00 03' -48 "E;
the northerly and southerly right-of-way lines of the above described easement to be shortened
or lengthened as necessary to create a continuous and contiguous easement with a minimum
width of sixty (60) feet;
each "corner" found as described in the Corner Record filed or to be filed in the Office of the
Clerk of Lincoln County;
each "intersection" marked 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 a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS
5368 or 11810 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 TRACTS AND BOUNDARY ADJUSTMENT FOR KENDALL G.
BROUGH AND CORRIE H. BROUGH AND JOE ROYCE NIELD AND LYNDI NIELD
WITHIN THE SECTION 31N R119W LINCOLN COUNTY, WYOMING dated
.m�. t
30 S- .t= 2014, as re se• t.P 4 rxr S r 36 8 FP s
4: f trii
eptember 2 1 cl3
"Modification in any way of the it, •0 ';jescription terminates liability of the surveyor"
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