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HomeMy WebLinkAbout890953Recorded at the request of, and after recording return to: F. Michael and Carla S. Kibbie I I 1 t South 3200 West SaLt Lake City, Utah 84104 890953 'BOOK?~'''~1' PR PAGE 506 RECEIVED LINCOL?I COUNTY CLERK. 03 19 Pt'I l,?: 00 REAL ESTATE MORTGAGE THIS MORTGAGE (the %k/(;rtga.ge") is made this j-"J:fi-day of June 2003 by R()I~I-:R I' R. MI~IKI I.i. an Idaho ~'esident whose address is 1462 Blue Jay Place, Eagle, Idaho 83616 ("ll.h,';&,agor"). in t~qvor of F. MICII,,\F[. l'~lBBll'i and CARl,/\ S. KIBBLE, Utah residents whose address is I lll South 3200 \VesL Salt Lake City. Utah 84104, as joint tenants with rights of survivorship (collectively I. GRANTING CLAUSES 1.1 Genera/. Mortgagor IRREVOCABLY GRANTS, BARGAINS, SELLS, MOP, TGAGES, CONVEYS, WARRANTS AND ASSIGNS unto Mortgagee, with the power of sale and together with right of entry and possession, the following described real property situated in tile County of Lincoln, State of Wyoming: [A tract] that [is] part of the E;SSE% of Section 9 and the S\¥% of Section 10. T36N, RI 19W, Lincoln County, Wyoming, it being tine intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 397 of Photostatic Records on pages 836 identical with that tract of record in said Office in Book 398 of Photostatic Records on pages 79. as fbllows: BEGINNING at tile southeast corner of said Section 97 thence S89°-46'-52"W, 754.35 feet, along tile south line of said Section 9 to a point on a rift>.' (50) foot easterly offset line to the right (easterly) bank of the Salt River: thence coursing said easterly offset line as follo~vs: N68°-32'-38"E, 57.56 feet, to a position; NI3°~58'-39"E, 141.78 feel to a position: N06°-57'-48"W, 199.64 feet, to a position: N 15°-54'-44"W, 129.66 feet, to a position: N27°-42'219"W, 7.07 feet, to a posit~on: N53°-50'-15"E, 94.74 feet, to a posit~on: N59°-44'-25"E, 71.40 feet, to a posit~om N 17°-21 '-49"E, 91.35 feet, to a posit~on: N34°- 14'-35"E, 349.61 feet, to a pos~tion: N23°-42'-59"E, 165.71 feet, to a position; N29°-44'-34"E, 177.19 feet, to a position: 507 N32°-53'-I4"E, 153.88 feet, to a position; N 17°-08'-04"E, } 55.76 feet, to a posiUon; N06°-48'-30"W, 133.54 feet, to a position; N 11 °-28'-20"W, 240.07 feet, to a position: N I8°-I 4'-27W, 233.58 feet, to a position; N35°-27'-58"W, 104.65 feet, to a position; N52°-03'-35"W, 215.81 feet, to a position; thence N54°- 15'-03"W, 39.77 feet, to a point on tile soutln riglmof'-way line of tile McNeel Power Plant County Road No. 12-104, and leav[ing] said easterly ot't~et line; thence S89°-23'-04"E, 486.56 feet, along said soutln right-of-way line, to a point on tile east line of said Section 9; tlnence continuing S89°-23'-04"E, 1673.38 feet, along said south riglnt-of-way line to a point on a fence line which is accepted to be the boundary line of that tract of record in said OflSce in Book 481 of Photostatic Records on page 263; thence coursing said fence line as follows: S00°-20'-0 I"E, 385.46 feet, to a point at a fence corner; N89°-17'-1 I'vE, 354.57 feet, to a point on tile westerly Hght-of-way line of tLS. Higlnxxay 89. and · leave said fence; thence S04°- 11 '-25"E, 1927.46 feet, along said westerly i'iglnt-of-way line, to a point on the soutln lille of said Section I0; thence S88°-55'-20'W, 2174.51 feet, along said south lille to tile CORNER OF BEGINNING: [PROVIDED, HO\¥EVER,] tlmt the above described "fifty (50) tool easterly oflLset line to tile right (easterly) bank of the Salt River" is an indefinite line intended to follow the meanders/flucttmtions of said easterly bank: tile above courses of said oft,set lille are approximations only and do not, nor are they intended to, establish a fixed boundary: the BASE BEARING for [tile foregoing description] is tine east lille of' tile SE'.5 of Section 9, T36N, RI 19W, being'N00°-04'-42"g; all ill accordance with the plat prepared to b9 filed ill the Oftlce of line Clerk of Lincoln County titled, "PLAT OF SURVEY FOR F. MICHAEL KIBBLE AND CARLA S. KtBBIE OF TRACT WITHIN THE EPSSE'A SECTION 9 SW'A SECTION 10 T36N RII9W LINCOLN COUNTY, WYOMING", dated 25 January 2003, as revised. [The following data is for inforlnation only and does not limit in any way tile tbregoing legal description: each '=com'ner" found as described ill tile Corner Record filed or to be filect in tile Office of the Clerk of Lincoln County; 5O8 each "point" marked by a 5/8" x 24" steel reinf`orcing i-od with a 2" alulninunl cap hlscribed, "SURVEYOR SCIIERBEL LTD AFTON WY PLS $368", ~vith appropriate details: each "position" is a calculated position with no monument set or fbuncl.] TOGETHER WITH any and all improvements, easements, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all), reversion, reminder, rems, issue, and profits thereof: AND TOGETHER WITH: all buildings, structtu'es, equipment, fixtures (including trees, vines and shrubs) and improvements of every kind and description now or hereafter constructed or placed thereon; all standing timber' and timber to be cut located thereon: all existing and futnre water rights, however evidenced, including irrigation and watering equipment and systems, ditches, laterals, concluits, and rights-of-way used to convey such water or to drain tile above-described property, all of which rights are hereby made appurtenant to the prope~l'), and all pumping plants, electrical generators, wind machines, and f'encing and storage tanks, now or he~-eai-'~er used itl connection with the property, all of which are hereby declared to be fixtures: all existing and flmu-e grazing rights, leases, permits ancl licenses; all oil, gas, and mineral leases, pem~its and rights used with tile property: all tenements, hereditaments, easements, rights-of-way and appurtenances to the property: and all right, title, and interest at any time of b,'lorlgagor (or any of its bailees, agents, or instrumentalities), whether now existing or hereafter arising or acquired, whether direct or indirect, whether owned legally, of record, equitably or beneficially, whether constituting real or personal property (or subject to any other characterizations), whether created or authorized under existing or f`utLwe laws or regulations, and however arising in, including without limitation, the water, water rights and other assets nnd items described below in sections 1.1.1 through 1.1.8 below, which shall collectively be cnlled-II"ater ,4s,$'ez,¥' (.all of the foregoing hereafter collectively referred to as the "ProperO"'). References to "water" and "water rights" are used herein in tile broadest and most comprehensive sense of the tema(s). The tema '~water" includes writer rights and right to water or whatever rights to money, proceeds, property or other benefits al'e exchanged or received f`or or on account of` any Water Assets or an), conservation or other nonuse of water, including whatever rights are achieved by depositing one's shares of' any Water Assets in any water bank or with any water authority, or any Other water reallocation rights: 1.1.1. All water (including any water inventory in storage), water rights and entitlements, other rights to water and other rights to receive water or water rights of every kind or nature whatsoever including: (a) the groundwater on, under, or pumped fi'om the Property, whether as the result of groundwater rights, contractual rights or otherwise, (b) Mo~tEagor's~ right to remove and extract any. such ,d~roundx,~ater incluclin~ any permits, i'i~hts~ or licenses granted by any governmental authority or agency or any rights granted or created by any use. easements, covenant, agreement or contract with any person or entity. (c) any rights to which the Property is entided witli respect to surfhce water, whether such right is appropriative, riparian, prescriptive, decreed or otherwise and whether or not pursuant to permit or other ~overnmental authorization, or the right to store any such water, and (d) any water, water right, water allocation, distribution right, delivery right, water storage right, or other water-related entitlement appm2enant or otherwise applicable to the Property by virtue of the Prope~'ty being situatecl within the boundaries of any district, agency, or other governmental entity or within the boundaries of any private water company, mutual water company, or other non-governmental entity: I.I.2. All stock, interest or rights (including any water allocations, voting or decision :'~ghts) in any entity, together with any and all rights fi-om any entity or other person to acquire, receive, exchange, sell. lease, or otherwise transfer any water or olher Water Assets, to store, deposit or otherwise create water credits in a water bank or similar or other arrangement for allocating water, to transport or deliver water, or othem, ise to deal with any Water Asset; I. 1.3. All licenses, permits, approvals, contracts decrees, rights and interest to acquire or app~'opriate any water or other Water Assets, water bank or other credits evidencing any right to water or other Water Assets, to store, can'y, transport or deliver water or other Water Assets, to sell, lease, exchange, or otherwise transl"er any xvater or other Water Asset, or to change tile point f`or diversion of water, tile location of' any water or Water Asset, tile place of use of any water or Water Asset, or tile purpose of the use of an) water or Water' Asset: 1.1.4. All rights, claims, causes of action, judgments, awards, and otlner judicial, arbiter or administrative relief in any way relating to any water or Water Asset; 1.1.5. All storage and treatment rights tbr any water or any other Water Asset, whether on or off the Property or other property of Mortgagor, together with all storage tanks, and other equipment used or usable itl connection with such storage and any water bank deposit credits, deposit accounts of other rights arising on account of the storage or nonuse o~'any water or any water or any other Water Asset: 1.1.6. All rights to transport, carry, allocate or otherwise deliver water or other Water Assets b3 any means wherever located; 1.1.7. All guaranties, warranties, marketing, management or service contracts, indemnity agreements, aud water riglnt agreements, other water related contracts and water reallocation rights, all insut-ance policies regarding or relating to any Water Asset; and I. 1.8. All rents, issues, profits? proceeds and other accounts, instt-uments, chattel paper, contract rights, general intangibles, deposit accotmts, and other rights to payment m'ising fi'om or on account o1' any use, nonuse, sale, lease, transfer or other disposition of any Water Asset. 1.2. Ahso/ule Assignmen[ q/',41/Re'venue From fl/o/er ,4.s'se/s. Mortgagor hereby absolutely and unconditionally assigns to Mortgagee all proceeds, rents, issues and profits fi-om any use (apart fi-om watering plants on the Property or other ordinary use on the Property), nonuse, sale, lease, transtar or disposition of any kind of any xYater or anv other Water Asset sul~ject to a lien in favor of Mortgagee. That assignment shall be pert~cted autonnatically without appointment of a receiver or Mortgagee beconling a mortgagee in possession and Mortgagee shall have the right, 'betbre or after the occurrence of any delkault or event or' default, to noti[~,' any account debtor to pay all amounts owing with respect to those proceeds, rents, issues and profits directly to Mortgagee. Except as otherwise agreed in writing by Mortgagee, Mortgagee may apply any such collection (and any rents, issues, profits and proceeds) to any indebtedness owed to Mortgagee in the priority set [brth in the Note. 1.3. ..4,s'signmen! q/' Re,~s. Mortgagor ABSOLUTELY AND UNCONDITIONAI_LY ,ASSIGNS. trans/krs, conveys and sets over to Mortgagee all the rents, royalties, issues, profits, revenue, income and other benefits of the Property arising fi-om the use or enjoyment of all or any portion thereof or Ih-om any lease, mineral lease, or agreement pertaining thereto (collectively tile "Rents"): SUB,IECT, HOWEVER, to the right, power and authority given to and conIkrred upon Mortgagor by Section 3.3 hereof. 1.4. Persona/ProperO' Sec'utiO, ,4greeme,/. All of the Property ~vill be considered to the fi~llest extent of the law to be real property tbr purposes of this Mol'tgage. To the extent that any of tile Property (hlcluding without limitation any Water Assets or fixtures) is deemed to constitute, is adjudicated to be. or declared to be personal p~'operty, this Mortgage shall also be deemed to be a security agreement. Mortgagor does hereby create and grant lo Mortgagee a security interest in all such personal propel'ty described herein; and fin'tiler, grants to Mortgagee all of tile rights and remedies of a secured party under tine Unifot'm Commercial Code and other applicable state law. which rights are cumulative. 1.5. FLWure F/ling. This Mortgage shall also be deemed to be a fixture tiling under tile Unifornl Commercial Code and is to be recorded in tile county real estate records. 1.6~ ALL OF THE FOREGOING GRANTS ARE FOR THE PURPOSE OF SECURING THE FOLLOWING (collectively tile "lndebtedne.¥s"): (a) payment of tile indebtedness or obligations evidenced by a promissory note (tile "Note") that ii in tile original principal amount of 5390,000.00, that is dated on or about tile date of this Mortgage, that was made by Maker, as borrower, in IM,'o~- of Mortgagee. as lender and holder-, and that [las a stated maturity date of five years after tile date of this Mortgage (tile maturity date may be extended bv tile joint, written consent of lVlortgagor and Mortgagee: tlne maturity clare may be accelerated as p~'ovided in tile Note and this Mortgage), at the times, itl the manner and with interest (the initial interest rate tmdel- tile Note is 6% pe~' annum, with defkault interest at tile rate of 12% per annLml) and extension fees as therein set forth: (b) tile payment of such additional loans or advances, including advances under a revolving line of credit, with interest thereon, as hereafter Real Eslale Mortgage 4 \lvildc-h~-Kihhic 510 may be made to one or more of Mortgagor, or Mortgagor's successors or assigns, al]d.r"or tO parties whose obligation MoItgagor is guaranteeing, evidenced by a promissory note or otherwise and any obligations evidenced by any guaranties executed by Mortgagor in favor of Mortgagee: PROVIDED FIOWEVER. TItAT, such additional loans advances guaranty obligations shall be secured by this Mortgage only if the promissory note, guaranty, or other document evidencing such loans or advances shall recite that it is to be secured by this Mortgage: (c) the payment of any substitute notes, renewals, reamortizations;, and extensions of all indebtedness secured by this Mortgage; (d) the performance of every obligation and agreement of one or more of Mortgagor whether contained or incorporated by reference in this Mortgage, or contained in any loan document or guaranty executed b)' Mortgagor in favor of Mo~gagee, with respect to any loan, advance, or guaranty secured by this Mortgage: (e) the performance of all obligations of Mortgagor nnder that certain "Real Estate Sale Agreement and First Amendment to Sale A,,reement" that is dated on or about the date of this Mortgage and that was entered into among Mo~lgagor, Mortgagee and Hi Line Equipment Company; and (0 the payment of all sums expended or advanced by Mortgagee under or pursuant to the terms of this Mortgage, including attorney's ~es incurred by Mortgagee in lhe enfbrcement of this Mortgage, together with interest thereon as herein provided. The continuing validity anti priority of this Mortgage as security for future loans advances, or guaranties shall not be impaired by the fiqct that at certain times hereafter there may exist no outstanding indebtedness fi'om Mortgag6r to Mortgagee of no commim~ent to make Ionns or advances. 2. Mortgagor Cm,emm/,s'. TO PROTECT THE SECURITY OF THIS MORTGAGE. MORTGAGOR AGREES: 2.1. [Deliberately left blank] 2.2. Care q/'Proper(v. To keep the Property in good condition, working order and repair: ftlle Property is used for agricultural purposes, then to care for the Propert3 in accordance with standards of good husbandr) and to keep all trees, vines and crops on said land properly cultivated, irrigated, fertilized, sprayed, and Rm~igated: not to remove, destroy or std%r the removal or destruction of any useable building, I~nce, canal, well or other improvelnents or fixtures thereon without the prior wl-itten consent of Mortgagee: if the Property is used [bt agricultural purposes, then not [o remove, replace or alter any horticultural or viticultural tree, vine or shrub tqanted thereon without the prior written consent of Mortgagee, except in the ord :a-y course of business; to complete or restore promptly and in good and workmanlike manner any building whicln may be constructed, damagecl or destroyed thereon: to comply with all laws, covenants and restrictions affecting the Property: not to commit or permit waste thereof; not to commit, suffer or permit any act upon the Property in violation of law; to do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general; to observe and perfbrm all obligations of Mortgagor under any lease of the Property. 2.3. /nsurance. To provide, maintain and deliver to Mortgagee fire anti all oti~er types of insurance oflhe type and in amounts as Mortgagee may reasonably require, with loss payable clauses solely in favor of Mortgagee. In the event of loss, the insurance proceeds, or any part thereof, may be applied by Mortgagee. at its option, to the reduction of the Indebtedness or to the restoration or repair of the property damaged. In tile event that the Mo~-tgagor shall fail to provide satisfactory hazard insurance. Mortgagee may procure, on Mortgagor's behalf, insurance in favor of Mortgagee alone. If insurance cannot be secured by Mo~tgagor to provide the recluircd coverage, such inability shall constitute an event oFdefault hereunder. 2.4. Proceeding, s'. To appear in and litigate any action or proceeding purporting to affect the security hereol: the title to tile Prope~-ty, or the rights or powers of Mortgagee: Mortgagee may appear in and litigate any such action or proceedings, including any bankruptcy, partition or condemnation proceeding, affecting the Propert3. or Mortgagee's interest therein, in which event Mo~tgagor agrees to pay all costs anti expenses thereof, inclucling attorney's fees and costs of securing evidence of title. 2.5. Taxes and .4xxe~s'xment~5. To pay on or betbre tile due date all taxes and assessments affecting tile Property, including all assessments upon water company stock and all rents, assessments and charges tbr water, appurtenant to or used in connection with the Prope~gy: to pay, when clue, all encumbrances, charges, and liens, on the Property or any part thereol; which at any time appear to be prior or superior hereto. 2.6. Foreclosure. In case of any suit to foreclose tlnis MoFtgage oF to collect ail).' clnaFge aFising out of the debt IneFeby secuFed, OF of any stilt which the Mortgagee may deem necessaFy to pFosecute or defend to effect or pFotect the lien beFein, including any proceeding in bankFuptcy, oF if MoFtgagee Fetains an attorney to advise MoFtgagee in connection with tlnis MoFtgage OF any otbeF agreement Felated to tine Indebtedness. to pay a Feasonable sum as attoFney's fees and all costs and legal expenses in connection witln said suit. and fuFtheF agFees to pay tile Feasonable costs of seaFching tile FecoFds and abstFacting oF insuFing tile title, and such sums, costs anti expenses sllail be secuFed Inereby and slmll be included in any decFee of fbFeclosuFe. Tile Fees and costs descFibed IleFein and elsexYhere in this Mortgage slnall be in addition to those set f'omh in tile Note or any other wFitten agFeement between MoFtgagoF and MoFtgagee. 2.7. Protect/o, 9/'Pro/2erO,. Should MortgagoF thil to make any payment or to cio any act as pFovided foF in this MoFtgage, then MoFtgagee, but without obligation to do so and without notice to or' demand upon MoFtgagoF anti without Feleasing MoFtgagoF FFOm ally obligation heFeot~ may: make oF do the same in such manneF and to such extent as eitheF may deem necessaFy to pFotect the PFoperty. Mortgagee being authorized to enteF upon the PropeFty fOF such puFposes; commence, appeaF in and litigate any action OF proceeding puq3oFting to aft~ct the secuFity heFeof or the rights OF poweFs of Mol-tgagee, including any bankFuptcy pFoceeding affecting the PFopeFty; pay. puFchase, contest, or compromise any encumbFance, chaFge oF lien which in tine judgment of eitlner appeaFs to be pFioF OF supeFior heFeto; and in exeFcising any such powers, inet,' any liability, expend whateveF amounts in its absolute discretion it may deem necessaFy theFeFore, including attorney's, accountant's, and appFaisal [~es. enviFomuental t~es, and costs of secuFing evidence of title, and all amounts so expended shall beaF inteFest at the highest Fate as is pFovided For in the note or notes secured by this Mortgage, shall be obligations oF MoFtgagoF secuFed by tlnis Mo~Xgage and on demand by Mortgagee shall be immediately Fepaid by Mortgagor Io MoFtgagee. Nothing contained herein shall pFohibit Mo~Xgagee fi'om entering the PFopeFty. at a Feasonable lime and upon Feasonable notice to MoFtgagoF, without incurring OF assuming any obligations oF liabilities whatsoever. [bF tile sole puFpose of inspecting the PFoperty. 2.8. Pco,me~?ts. To pay immediately and without demand all sums expended by MoFtgagee pLH'Suant to tile pFovisions heFeot-; with interest fi'om date of expendituFe at tile highest Fate as is pFovided tbl' in tile note oF notes secuFed by tlnis MoFtgage. In tile event that such sums are not immediately paid. tine,,,.' shall be added, to the pFincipal balance of the Indebtedness and shall accFue interest as IneFein set l'omln. All such sums slnall be secured heFeby. 2.9. E/~vi/'omue~lo/ Re/~res'et~lalio~.5', I,'l"~,v'(o?lie.5' a~N/("ovet~,~Lv. 2.9.1. Fol' ease in dFafting, this Mol'tgage [las been pFepaFed using a standaFd FoFm mo~ggage, with ceFtain adaptations. By its liteFal terms, the obligations oF MoFtgagoF in this section 2.9 woulcl apply to past, pFesent and futuFe acts upon tine PFopeFty. Given that MoFtgagoF has pul'chased tine Pl-opeFty fi-om MoFtgagee. tile application oF tile following pFovisions OF this section 2.9 to activities on tile PFopeFty pFioF tO tile date of tl~is MoFtgage would be inappropFiate, except as such activities Inave been caFFied out by MoFtgagoF or lhose claiming undeF Mortgagor. Hence, tile following obligations by MoFtgagoF undeF this section 2.9 shall be deemed to apply only to acts OF Om}ssiolns to act fi-om and afteF tile date of this MoFtgage and to acts o~' omissions to act of MortgagoF, its agents, contFactoFs and representatives pFioF to tile date of tlnis MoFtgage. Subject to tile ~bregoing limitation. MoFtgagoF hereby fuFtheF FepFesents, waFFants and covenants as follows: 2.9.1.1. No pollutants, contaminants (including oil OF other petFoleum pFoducts), toxic OF hazaFdous substances, or solid OF hazaFdous wastes, as such terms aFe defined undeF any FcdeFal, state OF local EnviFonmental Law, regulation oF oFdinance (heFeinafter "Co,l,m/,o,l.$"') }lave been. aFe being oF will be geneFated. manufactuFed, pFoduced, stoFed, disposed of; dischaFged, Feleased threatened to be Feleased. oF otlnerwise allowed to migrate OF escape on, undeF OF from tine PFopeFty in such quantities oF concentFations as would violate any FedeFal, state oF local Environmental Law, Fegulation oF oFdinance oF as would FequiFe MortgagoF to FepoFt such condition to any governmental authoFity OF to undeFtake Femoral oF remedial action to clean up such contaminants: 2.9.1.2. No Contaminants aFe located on, in OF under any propeFty located adjacent to tile PFopeFty in sucln quantities or concentFations as would constitute a violation oF any ~nvironmental Law oF as woulcl FequiFe the owneF of the adjacent pFoperty to FepoFt such condition to any goveFnmental authority oF to Lmclel-take Femoral OF remedial action to clean Lip snch Contaminants; 2.9.1.3. Neither the Property, [nor any portion thereol: nor any ad, iacent property o~'. portion thereof; has been or is proposed to be Listed under tile Comprehensive Envi~'onmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et seq.'), or any analogous state laxv. Mortgagor shall immediately notil\, Mortgagee if Mortgagor acquires any intbnnation concerning tile listing or proposed listing of tile Property or any adjacent property and shall provide Mortgagee witln any documents in Mortgagor's possession relative thereto; 2.9.1.4. No hazardous wastes, as defined under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.), or any analogous state law ("/~l~lZtll'L[Oll,¥ ll'usle.¥"), lnave been. are being or will be stored or treated itl surface impoundments or other structures or Facilities located on tile Property that are partially or entirely below tile ground surface; 2.9.1.5. No litigation, investigation, administrative order, consent order, agreements, or other action, proceeding or settlement (hereinafter ",4c','io,") has previously been brought, is now pending, or to tile best knowledge of Mortgagor threatened against or anticipated by Mortgagor. with respect to Mortgagor's use or management of Hnzardous Materials or Hazardous Wastes or tile environmental condition of tile Property. including any underlying groundwnter. Upon learning thereot; Mortgagor shall immediately notify Mortgagee of any such Action or threatened Action and provide Mortgagee with copies of all documentation relative thereto: and 2.9.1.6. Except as disclosed in writing to Mortgagee. no underground tanks, wells (except domestic water wells), septic tanks, ponds, pits or any other storage tanks ("Tonkx") (whether currently in use or abandoned) are or were located on or under the Property and ilo Tanks are or were serving tile Property described lnerein. With respect to any Tanks disclosed in writing to Mortgagee. Mortgagor shall comply with all t-ederal, slate and local laws, regulations and ordinances and any requir'ements of city or county fire departments, applicable to the maintenance and use of such Tanks, including, without limitation, Title 40 o( tile Code of Federal Regulations Part 112. 2.9.2. Nothing Inerein shall be deemed to prohibit Mortgagor fi'om: (a) using, handling or storing hazardous materials or substances, as defined under any federal, state or local lax~. regulation or ordinance (~Wa_-ardous Maleria/s") or (b) storing or treating non-hazardous wastes, so long as such activities are carried ou.t (y) in a good and husbandlike manner in the orclinm-y COLlrse of business, and (z) in compliance with all applicable environmental laws, regulations, permits, orders or other requirements. 2.9.3. In the event that Mortgagor is in breach of anv of its representations, warranties or covenants as set folXln above, Mortgagor, at its sole expense, shall take all action required, including environmental cleanup of the Property, to comply with tile representations, wnrranties and covenants herein or applicable legal requirements and. inany event, slnall take all action deemed necessary by appropriate governmental authorities. Mortgagee shall have tyne right, but not tine obligation, to advise appropriate governmental at~lhorities of any environmental condition on or nffecting tile Property that constitutes or may constitute a breach of MoI-Igagor's obligations hereunder. 2.9.4. Mo~xgagor and its successors and assigns shall indemni(v, defend, protect, and hold hm-mless Mo~lgagee, its directors, officers, employees, agents, shareholders, successors and assigns and their officers, employees or agents, fi'om and against any and all claims, suits, damages, liens, losses, liabilities, interest, judgments, response and cleanup costs, demands, actions, causes of action, injuries, administrative proceeclings and orders. consent agreements and orders, penalties, costs and expenses (including anx fees and expenses incurred ill enforcing finis indenmity, any out-of-pocket litigation costs and tile reasonable fees and expenses of counsel) or' any kind whatsoever ("C'/aims") paid, incurrect or suffered by, or asserted against Mortgagee_ including but not limited to Claims arising out of loss of life, injury to persons, trespass or damages to or contamination of property or natural resources, or injury to business, in connection witln or arising out of the activities of Mortgagor on tile Property. Molggagor's predecessors in interest, third parties wino }nave been invited, pemnittecl or trespassed on the Property. or parties in a contractual relationship with Mortgagor, or any of them, or which directly or inclirectl3. arise out of-or result fi-om or in any way connected with tile Property, whether or not caused by Mortgagor or within tile conlrol of' Mortgagor, incklding without limitation: (a) the presence, use, generation, treatment, storage, disposal, release. tlweatened release, or discharge of any Hazardous Material or Contaminant at or fi'om the Prope~-ty and/or the cleanup of Hazardous Materials or Contaminants witlnin, on or under the Prope~'ty: (b) Mo~tgagor's breach oFanv of Real Es tine representations, warranties and covenants contained herein; and (c) Ivlo~tga~or's violation or alleged violation any at?licable Environmental Law, regLIlation or ordinance. 2.9.5. Mortgagor's representations, warranties, covenants and indemnities contained herein slnall survive tile occurrence of any event whatsoever, including witlnout limitation tile payoff' of any Indebtedness, tile release or fbreclosure of this Mortgage, tine acceptance by Mortgagee of a deed in lieu of i'breclosure, or any transfer or abandonment of the Property. 2.9.6. Tine term "E~n,ironme~lal Law" shall mean any federal, state or local law. statute, ordinance, or regulation, now in effect or hereinafter enacted, pertaining to health, industrial hygiene, or tile environmental conditions on, under or about tile ?roperty, including bat not limited to enactments requiring tile removal or containment of asbestos-containing materials in private buildings. 2.9.7. Mortgagor shal'l permit, or cause any tenant of Mortgagor to permit. Mortgagee or its agents, or independent contractors to enter and inspect fine ?roperty at any reasonable time for purposes of detemlining, as Mortgagee deems necessary or desirable: (a) tile existence, location and nature of' an,~ Hazardous Materials or Hazardous Wastes on, under or about tine Property, (b.) tine e×istence, location, nature, magnitude and gpread of any Hazardous Materials or Hazardous Waste that has been spilled, disposed o1: discharged or released on, under or about the Prope~1y, or ('c) whether or not Mortgagor and any tenant of Mortgagor is ill compliance with applicable Environmental Law. If Mortgagor or its tenants fail to compl,v ['ullx with tile terms of this section 2.9.7. then Mortgagee may obtain af'iSrmative injunctive relief to compel such compliance. 2.10. Grazi,,g Ri,ght.¥. If any portion of tile Proped. y described in this 1Mortgage is usecl b)' Mortgagor as the basis for obtaining grazing permits or other grazing riglnts issued by any goYernmental agency, including without limitations the Forest Service, U.S. Department of Agriculture or tile Bnreau of Lancl Management. U.$. Department of Interior, Mortgagor covenants and agrees as fbllows: 2.10.1. Said grazing permits or other rights are in good standing and have not been moditSed, reduced or limited in any other respect, except as fully disclosecl in writing to Mortgagee: 2.10.2. Mortgagor will perlbrm all obligations imposed as a requirement of exercise of said grazing permits or other rights and will comply with all laws, rules and regulations applicable thereto: 2.10.3. Mortgagor will take such timely action as may be required to cause tile renewal or reissuance of said grazing permits or Other riglnts fi'om time to time as tine.,/' expire during tine term thereofi Mortgagor agrees and acknowledges that the failure to renew or canse the reissuance of any said permits ~br any reason, whether tile result of an act or omission of' Mortgagor or for reasons beyond Mortgagor's control, is an event of det:au[t hereunder and Mortgagee shall have tine right to exercise tile rights hereinafter set fbrth in this Mortgage: and 2.10.4. Mortgagor agrees to pay all fees, charges, rents or other payments accruing under said permits or any renewals thereof prior to delinquency. In tile event Mortgagor Fails to pay any such pa3ment, the amount unpaid slmll become a pad of tine Indebtedness and shall be immediately due and payable. 3. Co~,e~u~?L~' ,,~/./i'cli~zg I~.lorl,gagor a~d /~h,'/gagee. IT IS MUTUALLY AGREED THAT: 3.1. Co,demrtalion. Any award of damages in connection with all) taking or condemnation or in. iury to tile Property by reason of public use, or for damages resulting fi'om private trespass or injnr,v to tile PropertY. is absolutely and unconditionally assigned and shall be paid to Mortgagee, under tile terms and conditions of this Mortgage pertaining to Rents. Upon receipt of such money Mortgagee shall apply the same on fine Indebtedness. Mortgagor agrees to execute such further documents as may be required to ei'Tect the assignments herein made as Mortgagee may require. 3.2. Acfionx/{ffeclil~,g Propert},.. At any time, without affecting,= the liability~ ofanv~ person for tile payment o1: the Indebtedness, and without otherwise affecting the security hereof, Mortgagee ~a~.'. but shall not be obligated to: (a) consent to or join in the making ofiany map or plat of tile Property; (b) grant any easement or create any restriction Real [~slate MorLuage 8 Mcikl¢-m-l,,ibhie 514 thereof~ (c) subordinate this Mortgage: (d) extend o,' modify the term of the loan or loans secured herebv:, and (e) release without wa,*,'anty, all o,' any part of' the P,'ope,ty (but Mortgagee shall be obligated to p,'ovide releases in accordance with tile provisions of section 3.1 I). 3.3. Colleclion ~?/' Renls. Prior to any default by Mortgagor in the payment, observance, pedbrmance and discharge of any condition, obligation, covenant, or agreement of Mortgagor contained herein. Mortgagor_ ~ may. collection and distribution purposes only, collect anti receive the Rents as they come due and pa3~able: the Rents are to be applied by Mortgagor to the payment of the principal and inlerest and all other sums due or payable on any promissory note or gum'anty secuFed by this Mortgage and to the payment of all other sums payable under this Mmggage and, therea~er, so long as the Mbresaid has occun'ed, the balance shall be distributed to the account of Mo~ggagor. Upon any such default, Mortgagee may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adeqt,acy of any security lkw tl~e Indebtedness. enter upon and take possession of the Property or any part thereof, in his own name. sue [br or otherwise collect Rems. including those past due and unpaid, and apply the same. less costs and expenses of operation and collectiom including reasonable a~orney's Ikes, upon any Indebtedness. and in such order as Monaa~ee may cletem~ine: also perform such acts of repair, cultivation, irrigation or protection, as may be necessary o~-proper to conse,'ve the value of the Property: also lease the same or any part the~,eof Ibr such rental, term. and upon such conditions as its judgment may dictate; also prepare tbr harvest, remove, and sell any crops thai may be m-owina upon the Property. and apply the proceeds thereof upon the Indebtedness. Without limiting the ~ene,'alitv of the Ibregoing. in case of any default whereby the ri~ht~ of fb,'eclosure occurs hereunder. Mortgagee sha~[ at once' become entitled to exclusive possession, use, and enjoyment of all Property. and to all Rents thereo[ fi'om the accruing of such dghl and during the pendency of tbreclostn-e proceedings and the period of redemption, if there is any:. and such possesskm. Rents shall at once be delivered to Mortgagee on request, and on refl~sal, the delivery of such possession, rents, issues, anti profits may be enforced by Mortgagee by any appropriate civil suh o,' proceeding, includh~g action or actions in Kjectment, or tbrcible elqll-y, Of unlawh~l detainer or other prope~' legal action: nnd Mortgagee shall be entitled to a receiver for the Property and all Rents the,'eo[ rifler any such del~mh, includhqg the lime covered by ~breclost,re proceedings and the period of redemption, if there is any, and shall be entitled the~'eto as a matter of right wid~ot,t regard to the solvency, o~-insolvency of Mortgagor or the then owne~' of the Property. and without regard to the value of the Property or the sufficiency thereof to discharge the Indebtedness. including fb~'eclosure costs, fbes 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 an5 such receiver on any such application without notice being hereby consented to by Mortgagor on Mortgagor's own behalO and all Rents shall be applied by such receiver, according to law and the orders and direction of the court. 3.4. No Cure. The entering upon and taking possession of the Property. the collection of such rents, issues, and profits, or the proceeds of fire and other insurance policies, o~' compensation o,' awards fbi' any takin~ of o,' damage to the Propelly, and the application or release thereof as afbresaid, shall not cure or waive any defauh or notice of default hereunder or invalidate any act done pursuant to such notice. 3.5. Eq/'orcemenl. Upon det:ault by Mortgagor in payment of any Indebtedness or in pertbrmance of any agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of the Mortgagee and in accordance with applicable state law. In the evenl of default. Mortgagee: (a) ma3 employ counsel to enIbrce payment of the obligations secured hereby: (b) may enfbt'ce the provisions of this Mortgage either by suit at law or in equity, as Mo,ggagee may elect, or by foreclostn'e of this Mo,-tgage by advertisement and sale of premises, at public auction for cash. according to Wyoming Statutes governing ,no~'tgage foreclosures: (c) may cause to be executed and delivered to the ptn'chaset' or purchasers at any such sale a good and sufficient deed or dbeds of conveyanc.e of the Property so sold, and to apply the net proceeds arising fi'om such sale first to the pa3 merit of the costs and expenses of such tbreclosure and sale and in payment of all moneys expended or advanced b)' Mortgagee pursuant to the provisions of Section 2.7 hereo[ or other appropriate sections hereo[ and then to the payment of the balance due on account of the principal Indebtedness. together with interest thereon and the sm'plus if any. shall be paid by Mortgagee on demand to Mortgagor: and (d) may exercise any other' available remedy in accordance with other applicable state law, and may exercise such other rights and ~-emedies granted bv law and equity, which rights and remedies shall be cumulative and not exclusive. There shall be included in any or all such p~'oceedings a reasonable attorney's fee. If Mortgagee f~ils promptly to tbreclose on the happening of any defM~It, then Mortgagee shall not thereby be pre. judiced in its right to fbreclosure at any time thereafter during which such dethult continues. Real E~' ' ': CI '<il,hie and shall not be prejudiced in its foreclosure rights in case of fin-tiler del~qult. Mortgagee may resort to and realize upon tile security hereunder and any other real or persona} prope~-ty security now or hereafter-held by Mortgagee for tile obligations secured hereby in sucln order and manner as Mortgagee may. in its sole disc~'etion, determine. Resort to any or all Such security may be tal,:en concurrently or successively and in one or several consolidated or independent judicial actions or lawful nonjudicial proceedings, or both. If the obligation secured by this Mortgage is also secured by personal property, fixtures or crops, Mortgagee may' enfbrce its security interest in tile personal property, fixtures and crops and its lien under this Mortgage in any manner and in any order or sequence permitted by applicable law. All remedies are cumulative and none are exclusive: no election by Mo~'tgagee to pt~rsue one remedy or item of collateral shall be deemed to be a release or waiver' of any other item of collateral or a release or modification ofti~e liability of Mortgagor or any guarantor to pay and perform in full all obligations to Mortgagee. Tile procedures governing the enforcement by' Mo~tgagee of its ['breclosure and provisional remedies a,.z, ainst Mortgagor slmll be governed by tile laws of Wyonling. In tile event tile property is sold under foreclosure and tile proceeds are insufficient to pay tile total Indebtedness, Mortgagor shall personally pa),' the unpaid balance, and Mortgagee will be entitled to a deficiency judgnlent. 3.6. No I.Vaiver. Tine failure on tile part of tile Mortgagee to promptly enlbrce any right hereunder shall not operate as a waiver of such right and the waiver by' Mortgagee of any default shall not constitute a waiver of any other subseqt, ent defaults. Subsequent acceptance of any payment by tile holder hereof shall not be deemed a waiver of any default by Mm~Egagor, or of Mortgagee's riglnts Inereunder as tile result of any sale. agreement to sell. conveyance, or alienation, regardless of holder's knowledge of such default, sale. agreement to sell. conveyance, or alienation at tile time of acceptance of such payment. 3.7. Succe,s'.$'or,s'. This Mortgage applies to, inures to tile benefit of: and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. Tile term Mortgagee shall mean tile holder and owner of any note secured hereby; or, if the note has been pledged, tile pledgee thereof. In this Mortgage. whenever fine context so requires, the masculine gender includes tile feminine and'or neulel', and the singular number includes tile plural. All obligations of Mortgagor hereunder are joint and several. 3.8.1. Genera/. In tile event tile Property, or any part thereof(other !hah "Release Property" t'eleased from tile lien of' this Mortgage pursuant to section 3.1 I below), or any interest therein, is sold. agreed to be solcl, conveyed, alienated or transferred, including any water transfer as defined in section 3.8.2 below, contract for deed or installment land contract, by Mortgagor, or by operation of' law or otherwise, except by inheritance, without Mortgagee's prior xwitten consent, all obligations secured hereby, irrespective of tile maturity dates, at tile option of tile holder hereof, and without demand or notice, slnall immediately become due and payable. Failure to exercise such option shall not constitute a waiver of tile right to exe~-cise this option in tile event of subsequent sale. agreement to sell, conveyance or alienation. 3.8.2. l'Valer Tran.~fers'. A water transfer is any transfer, assignment, sale, exchange, gift, encumbrance, pledge. hypothecation, alienation, grant of option to purchase, or other disposition of, directly, indirectly or in Irust, voluntarily or involuntarily, by operation of law or otherwise, or the entry into a binding ag~-eement to do any of the lbregoing with respect to all or a~y part of: (a) the groundwater on, under, pumped fi'om or otherwise available to the Prope~%,, (b) Mortgagor's right to remove and extract any such groundwater including any peru]its, rights or licenses granted by any governmental authority or agency and any rights granted or created b3 any easement, covenant, agreement or contract with any person or entity (c) any rights to which the Property is entitled with t'espect to surface water, whether such right is appropriative, riparian, prescriptive or otherwise and whether or nol pursuant to permit or other governmenlal authorization, or the right to store any such waler, (d) any waler, xYater right, water allocation, distribution right, delivery righL water storage right, water allocation, or other water-related entitlement appurtenant or otherwise applicable to the Property by virtue of the Property's being situatect within the bounclaries of any district, agency, or other governmental entity or within the boundaries of any private water compa%, mutual water company, or other non-governmental entity, or (e) any shares (or any rights under such shares) of any private water company, mutual water company, or other non-governmental entitx pursuant to which Mortgagor or the Prope~W may receive any rights. Real bslnte Mo~lgage I 0 X,~clklc h~ Kibl,ie 3.9. Severobi/iO'. In the event any one or l]lore of the provisions contained in this Mortgage or in ally promissory note(s) hereby secured sllall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenForceability shall not affect any other provision of this Mortgage o~' said promissory note(s), but this Mortgage and said promissory note(s) shall be construed as it' such invalid, illegal or unenforceable provision had never been contained herein or therein. 3.10. Receiver. Following the occurrence of an event of default undel' this Mortgage. Mortgagee may apply' to a court of competent jurisdiction for tile appointment of a receiver of the N'operly'. upon ,zivin,_, notice to Mortgagor. whether or not the value of file Property exceeds tile unpaid balance of tile Indebtedness. whether or not waste or deterioration of the Property has occurred, and whether or not other arguments based on equity would ustit*.' the appointme~t. Mortgagor irrevocably, with knowledge and for valuable conside~-ation, consents to such all appointment. Any such receiver shall have all the rights and powers customarily given to receivers in Idaho, including tile rights and powers granted to Mor{gagee by this Mortgage, tile prover to maintain, lease and operate the Property on terms approved by the court, and the power to collect the rents and apply them to the lndebteclness or otherwise as tile cotwt may direct. Once appointed, a receiver may at Mortgagee's option remain in place until tile Indebtedness has been paid in full. 3.1 I. Parlial Re/eases. For $100,000.00 of the down pa,vment that Mortgagor paid to Mortgagee as pa~-t of tile purchase price for tile Property, MO~"tgngee shall release twenty (20) acres of lhe Proper~y from the lien of this Mo~gage. Mortgagee shall release one (I) acre of the Property fi'om the lien of this Mortgage lbr each $5,000.00 principal that Mortgagor pays on the Note; provided, hoxve~er, that an> such release musl contain five (5) or more acres, except for: (A) a release of Property fbra well parcel, which may contain only one (I) acre, as described below; and (B) the last release. All releases are subject to the tbllowing terms and conditions: (a) Mortgagor must deliver a written request to Mortgagee For the release, x.xhich shall contain a legal description oFthal portion of the Property (the "Release P/'operO?') that Mortgagor proposes to have released alld a i~qap showing the location of the Release Propm%, and that portion of the Property (the '~Remainin,g P/'ope/'o-") that remains sut2iect to the Mortgage: (b) after Mortgagor obtains an initial release of Release Property fi'om the Mot-tgage. all [iff'ute parcels of Release Property must be contiguous to Release Property ah'eadv released: provided, however, that Mortgagor may obtain a release of one (1) acre of Property that is not contiguous to Release Propert> ah'eacly releasecl fbr the purpose of installing a well and related iml0rovements that p~'ovide water to the Property: (c) prior to 30 June 2005. Mortgagor shall obtain a release fi'om the Mortgage of at least sixteen (16) act'es within lhe bottom land / flood plain portion (using the applicable, then-current FEMA gimq Flood Insurance Rate Mai> to identitY' Ihe flood plain portion) of the Property, using either part or all of the $100,000.00 clox~n payment available tbr releases or by making sufficient' principal payments or prepaynmnts on the Note: (d) at all times the Remaining Prope~'ty: (i) must be accessible by public roadways or by enl~rceable easements that sat stb public roadway requirements fbr the purloose of provkling ingress and egress and utilities to the Release Property. (ii) may not comprise more than two separate (2) pm-cels: (e) Mo~¢gagor may not be in material del~ult under this Mortgage or any Indebtedness at the time oFmaking tl~e request for ~elease or the actual release itself; and (f) no release shall be provided by Mortgagee tbr the down payment paid by Mot'tgagor to Mortgagee for the purchase of the Property. excepl for $100.000.00 of the down payment as described above. 3.13. Waiver c?fCerlain S/alu/or), Righl,s'. MORTGAGOR HEREBY RELINQUISttES AND WAIVES, AND RELEASE AND FOREVER QUITCLAIM TO MORTGAGEE, ,ALL RI(ilfFS UNDER AND BY VIRTUE OF THE HOMES~FEAD LAWS OF THE STATE OF WYOMING AND RELINQUISHES ALL RIGHTS OF CURTESY AND DOWER IN THE PROPERTY. TO TIqE FUI,LEST EXTENT PERMITTED BY LAW, MORTGAGOR HEREBY WAIVES ANY RIGHT TO A TRIAL BY JLIRY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS: (A) UNDER THIS MORTGAGE. THE INDEBTEDNESS OR ANY OTHER LOAN DOCUMENT OR (B) ARISING FROIVl ANY LENDING RELATIONSHIP EXISTING [N CONNECTION WITH THIS MORTGAGE. THE INDEBTEDNESS OR ANY OTI-IER LOAN DOCUMENT. AND MORTGAGOR AGREES THAT ANY SUCH ACTION OR PROCEEDING StlALL BE TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. Sent 8, y: Steothee L~w Office; 101; Jun-12-03 11:21AM; P a .c.1 e t2/i3 Mor(gagee for the down payment paid by Mor[gagor to Morlgag~ for Ibc pumhasc of ~c. Pro~y, except for $1(~,~.~ of the down payment a~ described above, 3.13. Weir. er of Certain Stoluto~ Rig/tls. MORTGAGOR HEILEB¥ RELINQUISHES AND WAWES, AND RELEASE ANI) FOREVER QUITCLAIM TO MORTGAGEE, ALL RIGHTS UNDER AND BY YTRTI. IE OF THE HOIVLESTEAD LAWS OF THeE STATE OF WYOMING AND RELINQUIS}iFS ALL RIGHTS OF CURTESY AND DOWER IN TH~ PROPERTY. TO THE FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR I[EREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ,~ty ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS: (A) UNDER THIS MORTGAGE, THE INDEBTEDNESS OR ANY OTHER LOAN DOCUMENT OR (B) ARISING FROM ANY LENDING RELATIONSHIP EXISTING IN CONNECTION WITH THIS MORTGAGE, THE INDEBTEDNESS OR Ally OTHER LOAN DOCUMENT, AND MORTGAGOR AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. ~ I ) ss. Thc tbregoing i~tmment wa~ acknowledged ~(or¢ mc by Roan S. Mc~ this v_of June W[~S my h~d and official seal. . Commission e~ir~: 11-17-~6 -- ~ ~ My Con~ission Expire~: = U (All capkaliz~d te~ u~d in ~is p~r~gr~ph ~h~l h~vr ~ m~ for ~h~ t~rms ~hat forego~ R~[ Es~re Mo~gag~.)In order ~o ~duc~ Mo~age~ to sell ~ Pro.fly to Morlgagor and ~o accept Ibc Mortg~g~ as collateral ~z~ty tot t~pay~m vf ~h~ Indebtedness, ~ ~dcrsign~d, ~ ~ spom~ of Mo~lgagoL ~reby co~nt~ m lhz Mo~g~gr ~ sub~cls ~y ~r~rcs~ ff~al ~hc m~l haw ~ ptov~ion~ of the Mo~g~ge, W~l~g, ~'i~oul I~ltal~u, ho~ad ri~ts in ~ ~o~ny, it ~ly; provide, however, ~at th~ ~oind~r: (1) ~1 ~o~ ci~ate n~ts ot lhe undersigned in ~ Prop~wL tha~ nol ~re~dy h~ve; ~d (2) sh~ll nol hnpl~ ~t ~ ~r~ig~d hold~ ~ interest in ~ Pro~, Undersigned's mt~n~ ~ ~ Pro~ is ~p~raI~ pro~r~ of Mo~gagor. COtlN~ MERLE ) coU, T¥ OF Ok/cc ~c fore. goi~ Nstmmem was acknowledged ~[ore me by Comd~ Moire ~is / / (~y of lunc '2~3. ~SS my h~d ~d officiM seal. .~CKNO~r~LEDGEMENT -- Individual in the year of ..... P:~ ~ '. '. '. '. '. '. '. '. '. ', 'b;~;r;'m;,' t~;' ~i~e;;i;&;~,':  lic in an~ for said State personally appeared .......................... n~.,.6..~.e.,i.K/:6 .... ...., ........... known or idcorified to me to be the person .... whose name ..... /. % subscribed to the w;thln instrumcnt and acknowledged to me that. . 5 ~ Residing at'. Re~ng a~ ~[~ I~o ~ ~ ~ "~" :'; My commission expires: ..... Q~m~s.s~°.n.~Rire~. ~'~7:~6 ................