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HomeMy WebLinkAbout877777 Do not write/type above this line. For filing purposes only. FORM 5014 (6-2001} RETURN TO Farm Credit Services of America, P,O. Box 711 BradW. Wi[[ford PREPARER: Kemmerer, WY 8310!-0731 (800)697-1033 Farm Credit Services of America REAL ESTATE MORTGAGE For the State of Wyoming Open-End 'To Secure Present and Future Obligations and Advances Date: DeCember 03, 2001 Mortgagor(s): Randal J Hruska and Pamela J Hruska, husband and wife Randal J Hruska, Trustee and Pamela J Hruska, Trustee for Randa{ J Hruska Living Trust, and any amendments thereto, dated June 11,1991 Pamela J Hruska, Trustee and Randal J Hruska, Trustee for Pamela J Hruska Living Trust, and any amendments thereto, dated June 11, 1991 Mailing Address: 510 Cherry Creek Rock Springs WY 82901-0000 The above named Mortgagor(s)in consideration of the advance by Mortgagee of the principal sum specified below, the receipt of which is hereby acknowledged, and any future, additional or protective advances made at Mortgagee's option, hereby sell, convey, and mortgage to Farm Credit Services of America, FLCA, 206 S 19th Street Omaha NE 68102-1745, Mortgagee, its successors and assigns, from the date hereof until all '~biigations secured hereby are paid i~ fuji, the folloWing-described real es{ate in Lincoln County(les), Wyoming, to wit: Exhibit "A" attached hereto and made a part hereof. togetlmr with all Mortgagor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and r ghts to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests' now or at any 'time hereafter belonging to or n any way perta n ng to the property whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended, or renewed by Mortgagor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." It is understood and agreed between Mortgagor(s) and Mortgagee that this mortgage is given to secure the repayment in fult of the fol[owing described promissory note(s), and all future and additional loans or advances, protective or otherwise, which may be made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s) or other instrument(s) modifying the same. Date of Note Priocipal Amount ~ 2/03/2001 ~ 82,000.00 Provided, mwever, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of ONE HUNDRED EIGHTY-TWO THOUSAND DOLLARS (t~ 182,000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s). NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY . TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This mortgage will be due December 01, 2016. Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property, that Mortgagor(s) has good and lawful authority to mortgage the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Mortgagor(s) will warrant and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagorls) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Mortgagor(s) and each of them further covenant and agree with Mortgagee as follows: I To pay all liens judgments, or other assessments age nst the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or prv ege assigned to Mortgagee as additional security to this mortgage, nc uding those in or on public domain. 2. To insure and keep insured buildings and other improvements, including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Mortgagee. Such insurance will be approved by and deposited with Mortgagee, and endorsed with a mortgage clause with loss payable to Mortgagee. Any sums so received by Mortgagee may be applied in payment of any indebtedness matured or unmatured secured by this mortgage, or at the option of Mortgagee may be used to pay for reconstruction of the destroyed improvements. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and will et a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. I/We will obtain and keep flood insurance in force to cover losses by flood as required by Lender and by the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. I/We further agree that Lender is not and will not be liable for any failure by me/us or by any insurer, for whatever reason, to obtain and keep this insurance in force. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Mortgagee may enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s). 4. In the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Mortgagee, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) from the date of payment untilpaid. The advancement by Mor[gagce of any such amounts will in no manner limit the right of Mortgagee to declare Mortgagor(s) in default or exercise any of Mortgagee's other rights.and remedies. Ap ti: 00243870; Primary Customer ID #: 00078646; CIF //: 83406 Legal Doc. Date: December 03, 2001 ,' .... '"': ::: Page 1 FORM 5014, ~ Mortgage 5. In the event Mortgagee is a party to any litigation affecting the property or the lien of this mortgagej including any action by Mortgagee to enforce this mortgage or any suit in which Mortgagee is named a defendant (including condemnation and bankruptcy proceedings) Mortgagee may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by.law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) from the date of advance until paid. 6. Any awards made to Mortgagor(s) or their successors by the exercise of eminent domain are hereb,~ assigned to Mortgagee; and Mortgagee is hereby authorized to collect and apply the same in payment of any indebtedness, matured or unmatured, secured by this mortgage. 7. In the event of default in the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure to per(om1 or observe any covenants and conditions contained herein, in the note(s), loan agreement(s), or other instrument(s), or any proceeding is brought under .any Bankruptcy laws, Mortgagee, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable and the whole will bear interest at the default rate as provided in the note(s) and Mortgagee may immediately foreclose this mortgage or pursue any other remedy at law or equity, including foreclosure by advertisement with a power of sale in Mortgagee to the extent provided by applicable law. Delay by Mortgagee in exercising its rights upon default will not be construed as a waiver thereof and any act of Mortgagee waiving any specific default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby, Mortgagor(s) does hereby agree to be personally bound to pay the unpaid balance, and Mortgagee will be entitled to a deficiency judgment. 8. Upon default, Mortgagee will at once become entitled to exclusive possession, use, and enjoyment of the property and to all rents, issues, crops, profits, and income thereof, from the time of such default and during the pendency of foreclosure proceedings and the period'of redemption, the delivery of which may be enforced by Mortgagee by any appropriate suit, action, or proceeding. Mortgagee will be entitled to a Receiver for the property and all rents, issues, crops, profits, and income thereof, without regard to the value of the property, or the sufficiency theredf to discharge the mortgage debt and the foreclosure costs, fees, and expenses. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, .notice being hereby expressly waived. The Receiver will apply all rents, issues, crops, profits, and income of the property to keep the same in good repair and condition, pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to keep the property insured, pay the expense of the receivership and attorney fees incurred by the Receiver, and apply the net proceeds to the payment of the indebtedness secured hereby. Such Receiver will have all the other usual powers of receivers authorized by Iaw and as the court may direct.' 9. The integrity and responsibility of the Mortgagor(s) ~:onstitutes a part of the consideration for the obligations secured hereby. Should Mortgagor(s) . sell, transfer, or convey the property described herein without prior written consent of Mortgagee, Mortgagee, at its option, may declare the entire indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default. 10. Assignment of Rents including Proceeds of Mineral Leases. Mortgagor(s) hereby assignS, transfers; and conveys to Mortgagee all rents, royalties, bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil, gas, gravel, rock, or other mineral lease of any kind including geothermal resources new existing or that may hereafter come into existence, covering the property or any part thereof. All such sums so received by Mortgagee will be applied to the indebtedness secured hereby; or Mortgagee, at its option, may turn over and deliver to Mortgagor(s) or their successors in interest, any or all of such sums without prejudice to any of Mortgagee's rights to take and retain future sums, andwithout prejudice to any of its other rights under this mortgage. This assignment will be construed to be a provision for the payment or reduction of the mortgage debt, subject to the Mortgagee's option as hereinbefore provided, independent of the mbrtgage lien on the property . Upon payment in full of the mortgage debt and the release of this mortgage of record, this assignment will become inoperative and of no further force and effect. 11. This Mortgage constitutes a Security Agreement with respect to all the property ~escribed herein. 12. The covenants contained in this mortgage will be deemed to be severable; in the event that any portion of this mortgage is determined to be ~,~~vo' or unenforceable, thatdet rminadon will not affect theval[dity of the remaining portions~ofthemortgage.~ ~ Randal J Hruska ~J Pamela O Hruska Randal~J Hruska Living Trusl:, ,~t any amendments thereto, dated ,June 11,1991 flahdat _J Hruska, T/fbstde Pamela J Hruska, Trustee (/ Pamela J H~,ruska Living Trust,~nd any amendments thereto, dated June 11, 1991 Raf~dd O Hruska, Tr/~te~ INDIVIDUAL BORROWER ACKNOWLEDGMENT ) ss COUNTY OF bi~ ~olv~ ) Onthis ~ dayo, h~c',aw[~ . ~0[ ,be(oretor,. Notary Public, personally appeared ~'~d~ / ~ to me known to be the ~erson(s) named in and who executed the fore~oin~ ~nstrument, and acknowledged that ~ ~xecutod the same as ~E~ voluntary act and deed. (Type name under scnature) My commission Notary Public in and for said County and State TRUSTEE ACKNOWLEDGMENT ) ) ss / Onthis'~ day of ~~-*V , ~0/ ,before me, a Notary Public. personally appeared ~.d~/ ~ tomeknown to be the person(s) named in and who executed the foregoing instrument, and acknowledged that '~ executed the same as ~_~ voluntary att and deed as such Trustee(s) for the purposes therein mentioned, · ~. '~ ~oming ..... , ~~ctober 15, 2002 ~ B~D W~ILLFORD - NOTARY PUBLIO / Oounty of ~ State of Ap ¢: 00243870; Primary Customer ID ~: 00078645; CIF ~: 83406 ~luU~il ~ [~%~'~'~ Dat December 03, 2001 FORM 5014, Real Estate Mortgage ' ' ' ' ' M~n ~r~ Octob6r 18,-~0¢~'~ Page 2 MY commission expires /¢2/('&'-/~Z2¢2'Z--. Notary Public in and for said County and State ' TRUSTEE ACKNOWLEDGMENT · COUNTY OF ~"1Yt ('~(/h } Onthis ~ dayof~P~ , ~ ,before me, a Notary Public, personally appeared ~ ~ /~ ~ to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that ~ ~ executed the same as ~ voluntary act and deed as such Trustee(s) for the p~rposes therein mentioned. fType name under signature) My commission expires / ~/(~/'~ ~ ~ Notary Public in and for said County and State Ap//:00243870; Primary Customer ID#:00078645; CIF #:83406 Legal Doc, Date: December03,2001 FORM 5014, Real Estate Mortgage Page 3 EXHIBIT A That part of the NE¼ and the part of the S~A of Section 35, T32N Rll9W of the 6th P.M., Lincoln County, Wyoming, being part of the tract of record in the Office of the Clerk of Lincoln COUnty in Book 448PR on page 379 described as follows: Beginning at the southeast corner of the SW~A of said Section 35; thence S 89o50'05'' W, 643.99 feet, along the south line of said SW~A, identical with the centerline of Papworth County Road No. 12-145, to a spike; thence N 00°41'46" E, 30.00 feet to a point under an existing fence line and on the northerly right of way line of said Papworth County Road; thence coursing along said fence line as follows: continuing, N 00°41'46'' E, 1752.57 feet, to a point at a fence corh~r; S 88°25'39" E, 955.16 feet to a point at a fence corner; N 00046'22'' E, 897.98 feet to a point on an existing east/west irrigation pipeline and leave said fence line; thence N 89°42, 11" E, 994.87 feet, along said irrigation pipeline, in part, to a point under an existing north/south fence line; thence coursing along said fence line as follows: S 00035'28'' W, 678.66 feet to a point; S 00°15'08" W, 1129.30 feet to a point; S 00°20'16" W, 815.82 feet to a point on said northerly right of way line and leave said f6nce line; thence continuing, S 00°20'16'' W, 30.00 feet to the southeast corner of the SW¼SE¼ of said Section 35; thence S 89050'23'' W, 1322.48 feet, along the south line of said SW~ASE~A, identical with the centerline of said Papworth County Road to the Corner of Beginning.