The URL can be used to link to this page

Home My WebLink About888747515 BOO PR PAGE 9 3 2 EXECUTED this l ay of February, 2003, by Sharon Hatfield, of Afton, Wyoming 83110, hereinafter called the MORTGAGOR, to the Newel Leavitt and Virginia Leavitt Family Trust, Dated February 20, 1996, Newel Leavitt and Virginia Leavitt, Trustees, of Afton, WY 83110, hereinafter called the MORTGAGEE: (Whenever used herein, the term "MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs, legal representatives, and assigns of individu uccessors and assigns of corporation; and the term "NOTE" includes all t e 1% X e nb'�e� �-'s ore than o WITNESSETH: THAT FOR GOOD and va 8887 MORTGAGE DEED MORTGAGE DEED Leavitt/Hatfield Page 1 of 4 LINCOLN COUNTY CLERK MAR 26 AN TO: ;2 All of the SW/4SE /4 and all of GLO Lot 4 of Section 17, and that part of the W' /2SW' /4 of Section 16, T32N, R119W, Lincoln County, Wyoming, it being the intent to more correctly describe a part of that tract of record in the Office of the Clerk of Lincoln County in Book 391 of Photostatic Records on page 552, as follows: BEGINNING at the southwest corner of said Section 16; thence N62 °46'35 "E, 1204.04 feet, along the northwesterly line of that part of "Parcel No. 5" lying within the SW1/4 of said Section 16 of record in said Office in Book 459 of Photostatic Records on page 601, identical with a line connecting the southwest corner of said Section 16 and the northeast corner of the S1/2SW of said Section 16, to a point; thence N05 °20'43 "W, 417.66 feet, along a line parallel with and offset westerly twelve (12) feet from an existing east fence line of that existing twenty -four (24) foot access easement to a point; thence N11 °58'54 "W, 34.56 feet, to a point at a fence corner; thence N05 °12'09 "W, 333.06 feet, along an existing fence line, to a point; thence NO3 °51'45 "W, 504.23 feet, along said existing fence line, to a point on the southeasterly line of that "Dry Farm #2" tract of record in said Office in Book 246 of Photostatic Records on page 119; thence S63 °03' 15 "W, 1091.83 feet, along said southeasterly line, to the northwest corner of said S /2SW /4;thence S00 °33'02 "E, 1340.53 feet, along the west line of said Section 16, to the CORNER OF BEGINNING, encompassing a total area of 105.41 acres, more or less; the BASE BEARING for this survey is the east line of the SE1/4 of Section 16, T32N, R119W, being N00 °06'58 "W; 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 title, "NEWEL LEAVITT AND VIRGINIA LEAVITT FAMILY TRUST, DATED 20 FEBRUARY 1996, AND HAROLD GARDNER PLAT OF TRACTS AND EASEMENTS WITHIN THE NW /4SE /4SW /4 SECTION 16 S /2SE SECTION 17 T32N R119W LINCOLN RELEAse op his gage dt a' 6 6f 1 ORTGAgEF erat aggregate sum named in the Promissory Note of even date herewith, hereina MORTGAGOR hereby grants, bargains, sells, conveys, and confirms unto the MORTGAGEE, all the certain land of which the MORTGAGOR is now seized, situated in Lincoln County and State of Wyoming, more particularly described as follows, to -wit: 088747 COUNTY, WYOMING Dated 16 July 2002, and also access and easement rights to Grantees and reserving unto the Grantors rights to said easement for ingress and egress with utilities as follows: 933 A strip of land twenty -four (24) feet in width within the NW1 /4SE1 /4 and within the SW1 /4of Section 16 and within GLO Lot 4 of Section 17 and within the N1 /2NE1 /4 of Section 20 and within the N1 /2NW1 /4 of Section 21, T32N, R119W, Lincoln County, Wyoming, it being the intent to more correctly describe the southerly and easterly lines of that easement of record in the Office of the Clerk of Lincoln County in book 90 of Photostatic Records on Page 537, as it is presently occupied and fenced, as follows: BEGINNING at a point on the east line of said NW1 /4SE1 /4, N00 °03'34 "W, 509.52 feet from the southeast corner of said NW1 /4SE1 /4, said point being identical to the northeast point of that tract of record in said office in Book 488 of Photostatic Recrods on Page 830; thence S85 °16'50 "W, 507.92 feet, along the north line of said tract in Book 488, to the Northwest point of said tract; thence S85 °09'43 "W, 754.36 feet, along said southerly fence line, to an angle point; thence S63 °53'58 "W, 1863.02 feet, along said southerly fence line to an angle point; thence S05 °20'43 "E, 417.49 feet, along said easterly fence line, to an angle point; thence S62 °46'35 "W, 1188.09 feet, along said southerly fence line, to a point on the south line of said Section 16; thence continuing S62 °46'35 "W, 53.33 feet, to an angle point which is offset southerly 24.00 feet from the north line of said Section 20; thence S89 °50'24 "W, 2431 feet, more or less, along a line parallel with and offset southerly twenty -four (24) feet from said north line, to a point on the west line of said N1 /2NE1 /4; The BASE BEARING for this survey is the east line of the SE1 /4 of Section 16, T32N, R119W, being N00 °06'58 "W; 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 "NEWEL LEAVITT AND VIRGINIA LEAVITT FAMILY TRUST, DATED 20 FEBRUARY 1996 AND HAROLD GARDNER PLAT OF TRACTS AND EASEMENTS WITHIN THE NW1 /4SE1 /4SW1 /4 SECTION 16 S1 /2SE1 /4 SECTION 17 T32N R119W LINCOLN COUNTY, WYOMING dated 16 July 2002. TO HAVE AND TO HOLD the same together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the MORTGAGEE in fee simple. And, the MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR indefeasibly seized of said land in fee simple; that the MORTGAGOR has,good right and lawful authority to convey said land as aforesaid; that the MORTGAGOR will make such further assurances to perfect the fee simple title to said land and the MORTGAGEE as may reasonably be required; that the MORTGAGOR hereby warrants the title to said land and will defend the same against the lawful claims for all persons whosoever; and that the said land is free and'clear of all encumbrances, except as to the obligations of these Parties. PROVIDED, ALWAYS, that if said MORTGAGOR shall pay unto said MORTGAGEE, the certain Promissory Note in the amount of TWO HUNDRED TWENTY TWO THOUSAND ($222,000 DOLLARS and NO /100, of even date, attached hereto as Schedule "A and shall perform, comply with, and abide by each and every of the agreements, stipulations, conditions, MORTGAGE DEED Leavitt/Hatfield Page 2 of 4 0886717 934 and covenants thereof, and of this Mortgage, then this Mortgage and the estate hereby created shall cease, determine and be null and void. AND THE MORTGAGOR hereby further covenants and agrees to pay promptly, when due, the principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit, or suffer no waste, impairment, or deterioration of said and or the improvements thereon at any time; to pay all costs, charges and expenses including reasonable attorney's fees and title searches, reasonably incurred or paid by the MORTGAGEE because of the failure of the MORTGAGOR to promptly and fully comply with, and abide by each and every agreements, stipulations, conditions, and covenants set forth in said Note and this Mortgage, or either. In the event the MORTGAGOR fails to pay, when due, and tax assessment, or insurance premium, or other sum of money payable by virtue of said Note and this Mortgage, or either, the MORTGAGEE may pay the same without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate allowed by law. IF ANY SUM of money herein referred to be not promptly paid within thirty (30) days next after the same becomes due, or if each and every of the agreements, stipulations, conditions, and covenants of said Note and this Mortgage, or either, are not fully performed, complied with, and abided by, then the entire sum mentioned in said Note and this mortgage, or either, balance unpaid thereon, shall forthwith and thereafter, at the option of the MORTGAGEE, become and be due and payable, anything in said Note or herewith to the contrary notwithstanding. MORTGAGOR hereby grants to MORTGAGEE, their heirs, and assigns, a Power of Sale over the property described above which may be exercised by MORTGAGEE or their heirs and assigns in case of such default as described above, and pursuant to such Power of Sale, MORTGAGEE, their heirs and assigns may foreclose on said property and sell and dispose of or cause to be sold or disposed of the above property and all rights, title, benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns, therein, at public auction, for cash according to Title 34, Chapter 4, Wyoming Statutes as the same presently exists or may hereafter be amended. Failure by the MORTGAGEE to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the Mortgage accrued or thereafter accruing. AND THE MORTGAGOR shall not destroy, damage, or substantially change the property or allow the property to deteriorate or commit waste. AND THE'MORTGAGOR shall protect the MORTGAGEE'S rights and security in the property. MORTGAGOR shall insure, with extended coverage, the property and improvements against loss, naming the MORTGAGEE as beneficial interest holders. IN WITNESS WHEREOF, the MORTGAGOR have set their hands and seals the day and year first above written, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. MORTGAGE DEED Leavitt/Hatfield Page 3 of 4 O88841./ STATE OF WYOMING SS. COUNTY OF LINCOLN BEFORE ME, the undersigned authority, on this day of February, 2003, personally appeared, Sharon Hatfield, to be the person described in and who executed the foregoing MORTGAGE DEED, and after being duly sworn acknowledged that she executed the same as her own free act and deed. r DATED this it day of February, 2003. WITNESS my hand and official seal. 0. DAVID GARDNER NOTARY PUBLIC County of 43Ni State of Lincoln M Warp ing LCo __isston Expires ar `d.5 j My Commission Expires lr t0d 3 MORTGAGE DEED Leavitt/Hatfield Page 4 of 4 935 088 PROMISSORY NOTE 222,000 February gtr 2003 Afton, Wyoming THE UNDERSIGNED, jointly and serverably, if more than one, promise to pay the NEWEL LEAVITT AND VIRGINIA LEAVITT FAMILY TRUST, Dated February 20, 1996, Newel Leavitt and Virginia Leavitt, Trustees, of Afton, Wyoming, the principal sum of TWO HUNDRED TWENTY TWO THOUSAND ($222,0009 DOLLARS and interest of EIGHT (8 PERCENT from the 15th day of June, 2002. The Note shall be payable to the NEWEL LEAVITT AND VIRGINIA LEAVITT FAMILY TRUST, Dated February 20, 1996, at P.O. Box 534, Afton, WY 83110. PAYMENT shall be due in the following manner: 1. A partial down payment shall be payable in the amount of TEN THOUSAND ($10,000" DOLLARS and NO /100 to Gardner Law Office Trust Account for the payment of Court Fees, Postage and other related expenses for a Quiet Title concerning the said property. An additional payment of EIGHTY THOUSAND ($80,000Q) DOLLARS and NO /100, has been made to the Newel Leavitt and Virginia Leavitt Family Trust, Dated February 20, 1996, completing the down payment, not part of this note 2. A payment of SEVENTY -FIVE THOUSAND ($75,000 DOLLARS and NO /100 with interest at EIGHT (8 PERCENT shall be due on June 15, 2003, to the Newel Leavitt and Virginia Leavitt Family Trust, Dated February 20, 1996. 3. The balance of ONE HUNDRED FORTY -SEVEN THOUSAND ($147,000 DOLLARS and NO /100 with the remaining interest shall be due and payable on June 15, 2004, to the Newel Leavitt and Virginia Leavitt Family Trust, Dated February 20, 1996. 4. There shall be no pre payment penalty. IN THE EVENT OF DEFAULT of any payment after it becomes due and payable, the entire principal sum and interest shall, at the option of the holder, become immediately due and payable, without notice. Failure to exercise this option shall not constitute a waiver of right to exercise the same in the event of any subsequent default. In the event of default, the undersigned, jointly and severably, if more than one, agree to pay all costs of collection, including a reasonable attorney fee to the holder's attorney, whether suit be brought or not. The undersigned, jointly and severably, if more than one, waive all privilege of venue and agree that in the event of suit on this Note the holder, shall select the proper venue for such suit. THE UNDERSIGNED shall have the right to prepay any portion of this Note at any time prior to maturity without penalty. PROMISSORY NOTE Leavitt/Hatfield Page 1 of 2 ,s /1E0 s 936 U SS?'~? PRESENTMENT, protest, notice of protest, and notice of dishonor are hereby waived. THIS NOTE is secured by mortgage deed of same date between the parties. DATED this day of February, 2003. STATE OF WYOMING 1 1 SS COUNTY OF LINCOLN The foregoing Promissory Note was acknowledged before me by Sharon Hatfield on this iT day of February, 2003. WITNESS my hand and official seal. 5'e e'd My Commission Expires: PROMISSORY NOTE Leavitt/Hatfield Page 2 of 2 s /47r,:_& SHARON HATFIELD 937 Return To: PFF Bank Trust 2825 Bechelli Lane Redding, CA 96002 Prepared By: Doc Pro Signing Services, Inc. 4 Golden Star, Irvine, CA 92604 (949) 551 -2623 Loan No.: PF -03107 DEFINITIONS AEL This Ma gage SE/ B DK .JF MUM vaa RED krn ais SEE on1.6 PhOL 88878 [Space Above This Line For Recording Data] MORTGAGE BOOK 515pR PAGE 3 RECEIVED LINCOLN COUNTY CLERK 03 1-1fAT? r 8 T., D:1 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 18, 2003 with all Riders to this document (B) "Borrower" is Jeffrey G. Nishi and Jo Linn Nishi husband and wife Borrower is the mortgagor under this Security Instrument (C) "Lender" is PFF Bank Trust Lender is a organized and existing under the laws of WYOMING Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WY3001 C1 03/01 Page 1 of 15 Initials: e�� 1 together Form 3051 1/01