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Home My WebLink About893169 RECEIVED 6 9 7 8 9 3 ! 6 9 o3 _ MORTGAGE P & R L.L.C., A WYOMING LIMITED LIABILITY COMPANY, OF 510 Cherry Creek Drive, Rock Springs, WY 82901, (herein collectively called "MORIGAGOR"), to secure the payment of FORTY EIGHT THOUSAND ONE HUNDRED FIFTY DOLLARS ($48,150. 00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 1ST day of NOVEMBER, 2006) and all renewals, modification and extensions thereof, do hereby mortgage unto HARY NIELD, TRUSTEE OF THE LYNN M. NIELD FAMILY REVOCABLE TRUST DATED JANUARY 15, 1996 of 10996 Highway 238, Afton, WY 83D10 (herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: That part of Section 35, T32N RllgW of the 6th P.M., Lincoln County, Wyoming described on Exhibit A prepared by Marlowe Au Scherbel labeled !'Lynn M. Nield Family Revocable Trust, Dated 15 January 1996" Nield South Tract-Revised dated 10 July 2003; 23 July 2003- Revised'. MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and charges levied against the Property, as the same become due and payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers acceptable to MORTGAGEE, covering the insurance improvements on the Property against loss by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost) of such improvements whichever is less, which insurance shall contain an appropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from'time to time. In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such taxes and assessments and may secure and pay for such insurance, and all sums so paid shall be added to and considered a part of the indebtedness hereby secured and shall draw interest at the same rate. In case default shall be made in the payment of the above sums hereby secured, or in the payment of the interest thereon, or any part of such principal or interest, when the same shall become due; or in case of default shall be made in any of the covenants and agreements thereof; or in the event MORTGAGOR sells or conveys the Property, or any part thereof, or any interest therein, without the prior written consent of the MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale/or as otherwise authorized by governing law, to foreclose on and sell the Property, and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder, together with all costs of sale including reasonable attorney's fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues and profits from the accruing of any such rights and during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. MORTGAGOR warrants title to the Property as to parties claiming, by through or under the MORTGAGOR only. Witness Our hands this /"~-day of August, 2003. 698 State of Wyoming County of Lincoln The foregoing instrument Was acknowledged before me by Randy J. Hruska this / c~-day of August, 2003. Witness my hand and official ~HEI. LEY ~. NOTARY PUBLIC My Commission Expires: seal. Notary Public State of Wyoming County of Lincoln The foregoing instrument was acknoWledged before me by Pamela of August, 2003. Witness_ my~hand and official seal. I ~~.o~uc My Commission Expires' Notary Public THE SOUTH 10 ACRES OF THE FOLLOWING DESCRIBED LAND: DESCRIPTION FOR LYNN M. NIELD FAMILY REVOCABLE TRUST, DATED 15"JANUARY 1996 NIELD SOUTH TRACT - REVISED 699 To-wit: - - Profassfonal Land Surveyors Paul N. Scherbel ' ' Wyo. Regislration No. 1J~4 Ulah Regislrallon No..1670 Idaho Regisiration No. 3990 Nevada Regtslmtion No. 6805 Scoll A. $cherbel Wyo. Ragislralion No. 388g Idaho Regislralion No. 8026 Utah Reglslrafion No. 372111 MARLOWE A. SCHERBEL Wyo. Regislratlon No. 5368 Surveyor Scharbel, LTD. Align, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Monlpelier, Idaho That part of the EV2SE¼ and that part of the SE¼NE¼ of Section 35, T32N, Rll9W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 381 of Photostatic Records on page 72, described as follows: BEGINNING at the northeast point of that tract of record in said Office in Book 424 of Photostatic Records on page 417 on the east line of said Section 35, N00°-21'-30"E, 264.00 feet from the southeast comer of said Section 35; thence N00°-21'-30"E, 1055.90 feet, along said east line, to the northeast comer of the SE¼SE¼ of said Section 35; thence cOntinuing N00°-21 '-30"E, 8.89 feet, along said east line, to the southeast point of Sunset Subdivision, of record in said Office on Plat No. 188-C; thence N89°-57'-54"W, 666.36 feet, along the south line of said Subdivision, to the southwest point of said Subdivision; thence N00°-18'-4Y'W, 1309.21 feet, along the west line of said Subdivision, to.the northwest point of said Subdivision; thence N88°-57'-27"W, 640.45 feet, to the southeast point of Lot 2 of the Bovinian Estates of record in said Office on Plat No. 6-A, identical with the northeast point of that tract of record in said Office in Book 478 of Photostatic Records on page 655; thence S00°-35'-28"W, 678.66 feet, along the east line of said tract, to a point; ) then.ce S00°-15'-08"W, 1129.30 feet, along said east line, to a point; thence S00°-20'-16"W, 845.82 feet, along said east line, to the southwest comer of said SE¼SE¼; thence N89°-50'-2Y'E, 1157.49 feet, along the south line of said SE¼SE¼, to the southwest pOint of said tract in Book 424; thence N00°-21 '-30"E, 264.00 feet, along the west line of said tract, to the northwest point of said tract; thence N89°-50"-23"E,. 165.00 feet, along the north line of said tract, to the POINT OF BEGINNING; ENCOMPASSING an area of 59.03 acres, more or less; the BASE BEARING for this survey is the east line of the NE¼ of Section 35, T32N, R119W, being N00°-21 '-30"E; " SUBJECT to an easement for Papworth County Road No. 12-145; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; T/R 32-119-35/Lynn N/eld "Modification in any way of the foregoing description terminates liability of the surveyor" DESCRIPTION FOR LYNN M. NIELD FAMILY REVOCABLE TRUST, DATED 15 JANUARY 1996 NIELD SOUTH TRACT - REVISED PAGE TWO 700 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 Linco}n County titled, "LYNN M. NIELD FAMILY REVOCABLE TRUST, DATED 15 JANUARY 1996 PLAT OF TRA~T WITHIN THE SE¼NE¼ E½SE¼ SECTION 35 ~R1/?~(V L//I~COLN/~?OU~?/~,/~OMING", dated 2 July 2003. July 2003 - Rev_j~d 10 July 2003 J ' t~~~' ~.~~~~~~o~~~-.~'// Professional Land Surveyors Paul N. Scharbel' Wyo. Reglslrelion No. t~4 Ulah Regislralion No.. 1670 Idaho Ragistrsllon No. 3990 Nevada Regislralion No. 6805 Scoll A. Scherbel Wyo. Regialralion No. 3889 Idaho Regislralion No. 8026 Ulah Regislration No. 372111 MARLOWE A. SCHERBEL Wyo. Regislralion No. 5368 Surveyor Schsrbel, LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Montpeller, Idaho "Modification TlR 32-119-35/Lynn Nield ~n any way of the fort.:i::i;,~iii!i!!:.; descriPtion terminates liability of the s