HomeMy WebLinkAbout889341 MORTGAGE
'8893 .; 1
RECEIVED
LINCOLN COUNTY CLERK
KNOW ALL MEN BY THESE PRESENTS, that Leisure Livi'rig. LLC' a':Wyom ng
limited liability company, herein referred to as mortgagor, of PO Box 1036, Afton, WY
83110, to secure the payment of the principal sum of Ninety-five Thousand and No/100
Dollars ($95,000.00), with interest as evidenced by a Promissory Note dated of even date
herewith to the order of Gale L. Haderlie and Shirley R. Haderlie, Trustees of the Gale L.
and Shirley R. Haderlie Family Trust dated December 28, 1999, of PO Box 1218, Alton,
WY 83110 ("mortgagee'') principal and interest to be payable as follows:
With interest on the unpaid principal balance from the date hereof, until
paid, at the rate of 6% per annum. Principal and interest shall be payable
in equal annual installments of principal in the amount of $19,000.00
together with interest on the unpaid principal balance at the rate stated
above on the 14th day of April of each year beginning April 14, 2004, and
continuing on the same day of each succeeding year until April 14, 2008,
when the debt shall be paid in full. Prepayments of principal may be made
in any amount at any time without penalty.
hereby mortgages to mortgagee, the following described real estate, situated in the County
of Lincoln, State of Wyoming ("the property"):
Lot 7 of the Haderlie Third Addition to the Town of Afton, Lincoln County,
Wyoming, as described on the official plat thereof. '
TOGETHER WITH a 10-foot wide perpetual, non-exclusive easement for the
benefit of grantee and his heirs, successors and assigns, for the sole purpose
of installing and maintaining an irrigation water 'pipeline not greater than 1 1/2
inches in diameter over, across and along the following described tract of
land: a portion of the South 10 feet of the NW1/4SW1/4 of Section 31, T32N,
R118W of the 6th P.M., Lincoln County, Wyoming, beginning at the SE
corner of said Lot 7 and running thence East along the South boundary of
said NW1/4SWl/4 547 feet, more or less, to a buried irrigation main pipeline.
The use of irrigation water pursuant to this easement is subject to those
provisions contained on page 1 of that certain Counter Offer between the
parties dated January 15, 2003, a copy of which is attached as Exhibit A and
incorporated herein by this reference.
SUBJECT TO all covenants, easements,
reservations and rights of way of sight or record.
exceptions, restrictions,
including all buildings and improvements thereon or that may hereafter be erected thereon;
together with hereditaments and appurtenances and all other rights thereunto belonging, or
in anywise now or hereafter appertaining, and the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof, and all plumbing, heating, and lighting
fixtures and equipment now or hereafter attached to or used in connection with the
premises.
Mortgagor hereby relinquishes and waives all rights under and by virtue of the
homestead laws of the State of Wyoming and covenants that it is lawfully seised of the
premises, that they are free from all encumbrances and hereby covenants to warrant and
defend the title of the premises against the lawful claims of all persons whomsoever.
And mortgagor covenants with mortgagee as follows:
1. In case .of default in any of the payments stipulated in the note, mortgagor, as
further security for this mortgage and the note secured thereby, hereby assigns, sets over,
and conveys to mortgagee all rents, issues, and profits from the property.
2. 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.
3. To perform, comply with, and abide by each and every the agreements,
stipulations, conditions, and covenants, set forth in said Note and this Mortgage or either.
4. Failure by the mortgagee to exercise any of the rights or options h'erein
provided shall not constitute a waiver of any rights or options under said Note or the
Mortgage accrued or thereafter accruing.
5. Nothing shall be done on or in connection with the property that may impair
mortgagee's security hereunder; mortgagor will commit, permit or suffer no waste,
impairment or deterioration of the property nor any part thereof, and the property shall be
continuously maintained in good and sightly order, repair, and condition by mortgagor at
his expense.
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6. In case mortDa§or defaults in the payment of ground rents, if any, taxes,
assessments, water, or other governmental or municipal charges, or other lawful charges
as herein provided, mortgagee may without notice or demand pay the same and in case of
any failure on the part of mortgagor to comply with the covenants of Paragraph 5 hereof,
mortgagee may effect such repairs as it may reasonably deem necessary to protect the
prOperty, at the expense of mortgagor. Mortgagor shall repay such sums so paid and all
expenses so incurred by mortgagee, with interest thereon from the date of payment, at
eighteen percent (18%) per annum, and the same shall be a lien on the premises and be
secured' by the note and by these presents; in default of making such repayments the
whole amount hereby secured if not then due shall, if mortgagee so elects, become due
and payable forthwith, anything' herein contained to the contrary notwithstanding.
7. In the event the property, is sold under foreclosure and the proceeds are
insufficient to pay the total indebtedness secured hereby, mortgagor binds himself
personally to pay the unpaid balance, and mortgagee will be entitled to a deficiency
judgment.
8. In case default is made in the payment, when due, of the indebtedness
hereby secured, or of any installment thereof or any part thereof, or in case of breach of
any covenant or agreement herein contained, the whole of the then indebtedness secured
hereby, inclusive of principal, intereSt, arrearages, ground rents, if any, taxes,
assessments, water charges, expenditures for repairs or maintenance, together with all
other sums payable pursuant to the provisions hereof, shall becOme immediately due and
payable, at the option of mortgagee, although the period above limited for the payment
thereof may not have expired, anything herein before or in the note contained to the
contrary notwithstanding; any failure to exercise such option shall not constitute a waiver of
the right to exercise the same at any other time; and it shall be lawful for mortgagee to
proceed to enforce the provisions of this mortgage either by suit at law or in equity, as it
may elect, or to foreclose this mortgage by advertisement and sale of the premises, at
public auction for cash, according to Wyoming statutes governing mortgage foreclosures,
and cause to be executed and delivered to the purchaser or purchasers at any such sale a
good and sufficient deed or deeds of conveyance of the property so sold, and to apply the
net proceeds arising frOm such sale first to the payment of the costs and expenses of such
foreclosure and sale, including a reasonable attorney fee, and in payment of all moneys
expended or advanced by mortgagee pursuant to the provisions of Paragraph 7 hereof,
and then to the payment of the balance due on account of the principal indebtedness
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secured hereby, together with interest thereon and the surplus if any, shall be paid by
mortgagee on demand to mortgagor. In case mortgagee fails promptly to foreclose on the
happening of any default, it' shall not thereby be prejudiced in its right to foreclosure at any
time thereafter during which such default continues, and shall not be prejudiced in its
foreclosure rights in case of further default.
9. In case of any default whereby the right of foreclosure occurs hereunder,
mortgagee shall at once become entitled to exclusive possession, use, and enjoyment of
all property, 'and to all rents, issues, and profits thereof, from the accruing of such right and
during the pendency of foreclosure proceedings and the period of redemption, if there is
any; and such possession, rents, issues, and profits shall at once be delivered to
mortgagee on request, and on refusal, the delivery of such possession, rents, issues, and
profits may be enforced by mortgagee by any appropriate civil suit or proceeding, including
action or actions in ejectment, or forceable entry, or unlawful detainer; and mortgagee shall
be entitled to a receiver for the property and all rents, issues, and profits thereof, after any
such default; including the time covered by foreclosure proceedings and the period of
redemption, if there is any, and shall be entitled thereto as a matter of right without regard
to the solvency or insolvency of mortgagor or the then owner of the property, and Without
regard to the value of the property or the sufficiency thereOf to discharge the mortgage
debt and foreclosure costs, fees and expenses; and such receiver may be appointed by
any court of competent jurisdiction on ex parte application and without notice (notice being
hereby expressly waived, and the appointment of any such receiver on any such
application without notice being hereby consented to by mortgagor on mortgagor's own
behalf), and all rents, issues, profits, income, and revenue of the property shall be applied
by such receiver, according to law and the orders and directions of the court.
10. Mortgagor may not convey or transfer any interest in or encumber the
described premises without the prior written consent of the mortgagee. Mortgagor must
give mortgagee written notice of mortgagor's intent to convey or transfer any interest in or
to encumber the described premises at least thirty (30) days prior to the proposed
conveyance or encumbrance. If all or any part of the described premises or an interest
therein is sold, transferred or encumbered by mortgagor without mortgagee's prior written
consent, excluding death of a joint tenant or the grant of any leasehold interest of three (3)
years or less not containing an option to purchase, mortgagee may, at its option, declare
the entire remaining balance due under this agreement to be immediately due and payable
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and give written notice to mortgagor thereof. After receipt of Such written notice, mo.rtgagor
shall have' thirty (30) days .in which to pay the entire remaining balance to mortgagee.
11: The covenants herein contained shall bind, and the benefits and advantages
shall inure to, the respective heirs, eXecutors, administrators, successors, and assigns of
theparties hereto. Whenever used, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
12. Whenever used herein, the terms "mortgagor" and "mortgagee" include all
the parties to this instrument and the heirs, legal repreSentatives, and assigns of
individuals, and the successors and assigns of corporations; and the term "Note" includes
all the notes herein described if more than one.
IN WITNESS WHEREOF, mortgagor has executed this Mortgage as of the 14th day
of April, 2003.
Leisure Living LLC
By
Noel N. Nelson, Its Manager or
other Authorized Officer
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing Mortgage was acknowledged before me by Noel N. Nelson as the
manager or other authorized officer of Leisure Living LLC this /x/z~_ day of April, 2003.
Witness my hand and official seal.
$oundro J. J~errilt Nolory Public ;~
Ch..tv gl ~':~'~ ~ Slate of ~
Lincoln ~;~ Wyoming_ ~
My commission expires:
NOTARY P U BCE'I C ~