HomeMy WebLinkAbout896178Re-recorded to
Mortgagee vesting
'BOOK 5/I~'~ pRPAGE
Thl~ documen~ is being recorded
This document is betng recorded by Rocky Mountain Title Insurance
c o r r e c t . by Rocky Mountain Tiao Insurance Agency of Lincoln COuflty as a~Lc cw-]39o
Agency of Lincoln County as ac;,m~esv Od,1
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301REAL ESTAT£ MORTGA £ cou r¥ caEaK
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THIS MORTGAGE is granted by GERRE MCCLINTICK and KAREN MCCLINTICK, as,~,'l,,}~t~e'~ !~f
~INH~ T HOMEB UILDE~, ~Nff.7 ~ g~a ~~n,~v MORTGA GEE.
BOOK_.'bLC,pRP~6Em~ng L~m~ced L~ab~ty C'om~any
~TNESSETH:
'"'~'nOo~544 PRPAOE ~ 3 3
RECEIVED
~_ L!NOOLN COUNTY
) ¢' / Lot 108 i,, Nordic Ranches Didsio,, No. 8, Li,,col,, County, ~o,,,,,,g as ed on d,e officialplat
TOGET~R ~I~ any and all improvements, water and ditch rights, grazing rights, rights of ways, e~ements, privileg~, co~
ventilating, elevating, and irrigating apparatus and other equipment and fixtur~ of eve~ nature ~owever evidenced), tenements,
hereditaments and appurtenances thereunto.belonging or in atwwise appertaining, now or hereafter used on said land or belonging to
said ~ortgagor, and any reversion, remainder, rents, issu~ and profits thereof fiereinafierreferred to ~ the "Property".
This grant is intended as a Mortgage, a Fixture Filing attd Secarity Interest for the Parpose of Secttring:
1. Performance of each agreement of Mortgagor herein contained, each agreement and covenant contained in the loan documents associatedwith
this mortgage, and any extension, renewal, modification and/or amendment thereof "Loan documents"shall include the above described note, this
mortgage, and any other documents or instrumentssigned in connection with this loan.
2. Payment of the indebtedness evidenced by a promissory note of even date herewith, and any extension or renewal thereof in the principal sum
of TWO HUNDRED THOUSAND DOLLARS ($200,000.00), the final payment of principal and interest thereof,, if not sooner paid, to
be finally due and payable JANUARY 1, 2005.
3. Payment of all such further sums as may hereafter be loaned or advanced by the Mortgagee for any parpose; and any notes, drafts and/or other
instruments representingsach further loans, advances or eXPendituresshall be optional with the Mortgagee, and shall become due and payable no
later thah theft,al maturity date of said note secured hereby; and provided further, that it is the express intention of the parties to this Mortgage that
it shall stand as continuing security until all such loans, advances or expenditures together with interest thereon, are paid in full.
A. To protect the security of this Mortgage, Mortgagor warrants, covenants attd agrees:
1. The property is free from all encutnbrances, except as may be described herein, and that Mortgagor shall warrant and defend the same forever
against the lawful claims and demands of all persons whomsoever, and this covenant shall not be extinguished by foreclosure or other transfers.
2. To keep all buildings and other improvements now or hereafter existing in good condition and repair; to not remove or demolish any building
or other improvement thereon; to complete or restorepromptly and in a good workmanshiplike manner any improvement which may be constructed,
damaged or destroyed thereoti; to pay when due all claims for labor performed and materials fitrnished thereto or therefor; to comply with all laws
affecting said property or requiring any qlterations or itnprovements to be made thereon; to not comndt or permit waste thereof or thereon; to
maintain, cultivate, irrigate, fertilize, fumigate, prune, all in a good and husbandrylike manner, the land and improvements thereto; to not change or
permit change in the use of the property; to not do anything which would reduce the value of the prOperty,. and do all other acts which from the
character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
3. To provide, maintain and deliver fire insurance satisfactory and with loss payable to Mortgagee; to maintain liability insurance; to pay all
premiums and charges on all such insurance when due; and to provide Mortgagee satisfactoryevidence of such insurance upon request. The atnount
colleeted under any fire or other insurance policy may, at Mortgagee's option and determination, be applied upon any indebtedness ~ecured hereby in
Such order as Mortgagee determines; be released to Mortgagor in whole or part, or any combination thereof Such application or release shall not
cure or waive any default or notice of default hereunder or invalidate any act clone pursuant to such notice.
4. To pay before delinquency all taxes, assessments, or rents affecting said property; to pay when due all encumbrances, charges and liens, with
interest, affecting saidproperty which are or may appear to be prior or superior hereto; and to pay all costs, fees and expenses of this Mortgage and
associated loan documents.
5. To pay immediately and without demand all sums expended by Mortgagee pursuant to the provisions hereof with interest from date of
expenditure, at a rate equal to the interest rate payable under the promissory note described above or twelve percent (12%)per annum, whichever is
greater.
6. To appear in and defend any action or proceedingpurporting to affect the security hereof or the rights or powers of Mortgagee; to pay, on
demand, all costs and expenses, including without limitation, cost of title evidence, reasonable attorney's fees, advances, and/or costs, paid or
incurred by Mortgagee to protect or enforce its rights under bankruptcy, appellate proceedings or otherwise, and all such costs and expenses shall
become a part of the indebtedness secured by this mortgage.
7. Should Mortgagor fail to make any payment or to do arty act as herein provided, Mortgagee, but without obligation so to do and without notice
or demand upon Mortgagor and without releasing ?ffortgagor from any obligation hereqf, may: make or do the same in such manner and to such
extent as ll/[ortgagee may' deem necessary to protect the security hereof Mortgagee being authorized to enter upon said property for such purposes;
appear in and defend any action or proceeding parporting to affect the security hereof or the rights or powers Of Mortgagee; pay, purchase, contest
or compromise any encumbrance, charge or lien which in the judgment of Mortgagee appears to be prior or superior hereto; and in exercising any
such powers or in enforcing this Mortgage by judicial foreclosure or otherwise, pay the necessary expenses, costs and reasonable attorney's fees.
8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and its use, including without
limitation all environmental laws; not to use or permit the use of the Property for any unlawful or objectionable purpose; to remedy any
environmental contamination or violation Of environmental laws that may occur or be discovered in the future; to allow Mortgagee access to the
Property to inspect its condition and to test and monitor for contpliance with applicable laws (any inspections or tests made by Mortgagee shall be
for Mortgagee 's purposes only and shall not be construed to create any responsibilityor liability on the part of Mortgagee to Mortgagor or to any
other person); to forward cOpies of?ny notices receivedfront any environmental agencies to Mortgagee; and to Indemnify and hold Mortgagee, his
employees, agents and his successors and assigns, harmless from and against any environmental claims of any kind, and all costs and expenses
incurred in connection therewith, including, without limitation, attorney's fees.
9. To perform all terms and conditions of each ditch, water company and/or irrigation district, or other contract, if any, and to promptlypay all
sums due or to become due under any dues, assessment, or contract so that no delinquency or default will occur' thereunder; not to apply or enter
into any federal, state or local program which limits or restricts the use of the Property, in any way without prior written consent of Mortgagee; to
perform all acts necessary to perfect and maintain any Water pennit, certificate, license or other water interest, however designated, described in or
used in conjunction with the property; any assignment of any such interest, during the term of this mortgage, naming Mortgagee as an assignee shall
be for Secaritypurposes and shall not alter Mortgagor's obligatioas hereunder; and any failure of Mortgagor to perform any such obligation shall'
constitute an event of default. :
10. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned
and shall be paid to Mortgagee Who may apply or releasesuch tnonies receivedby him in the same manner and with the satne effect as above
Provided for disposition of proceeds of fire or other insurance.
11. The failure of Mortgagee to exercise any right or option provided herein at any time, shall not preclude Mortgagee from exercising any of such
rights at any other time; by accepting payment of any sum secured hereby after its clue date, Mortgagee does not waive his right either to require
prompt payment when clue of all other sums so secured or to declare default for failure so to pay; all rights conferred on Mortgagee are cumulative
and additional to any rights conferred by law; and if any provision is found to be invalid or unenforceable, such invalidity or unenforceabilityshall
not affect any other provision hereof and the mortgage shall be construed as though such provision had been omitted.
12. That the term "Grazing Rights, ' as herein u~ed refers to that portion of the Property, if any, consisting of grazing leases, permits, licenses,
privileges, and preferences, or any of them, which have or will be assigned, mortgaged or waived to Mortgagee, together with any additions,
renewals, replacements or substitutions thereof; if any portion of the Grazing Rights is a leasehold interest it shall constitute a single operating unit;
and itt the event of foreclosure, Mortgagee shall have the right to have such leasehold and the other real property sold as a unit and not in parcels;
Mortgagor has received no notice that the Grazing Rights have or are to be terminated, cancelled or modifie& and any termination or cancellation of
any of the Grazing Rights shall constitute an event of default under this mortgage.
13. To execute arty instrument deetned necessary by the Mortgagee to assign, mortgage or waive such Grazing Rights; to pay al~fees and charges,
and to perform all acts which would adversely affect the Grazing Rights; to procure renewals of the Grazing Rights upon or prior to their expiration
date; to operate the lands covered by the Grazing Rights in conjunction with the other real estate portion of the Property and not to convey or
attempt to convey either separately; to forward to Mortgagee copies of any notices receivedby Mortgagor regarding the Grazing Rights; and in the
event of foreclosure of this mortgage, 'to waive all clai,~ for preference in the Grazing Rights upon demand from the purchaser of the Property at
foreclosuresale, or from any successor to such purchaser.
J 4. As additional security, Mortgagor hereby gives to and confers upon Mortgagee the right, power and authority, during the continuance of this
mortgage, to collect the rents, issues and profits of said property as they become due and payable,· Reserving however unto Mortgagor, prior to any
default by Mortgagor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, the right to collect and retain
such rents, issues and profits. . Upon arty such default, Mortgagee may at any time without notice, either itt per~on, by agent or court appointed
receiver, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or
any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the
same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such
order as Mortgagee may determine. The entering upon 'and taking possession of said property, the collection of such rents, issues and profits and the
application thereof as aforesaid, shall not cure or waive any default hereunder or invalidate any act done pursuant to any such default notice.
15. DUE ON SALE: The indebtedness and obligations secured by this mortgage is personal to the Mortgagor and is not assignable by Mortgagor.
Mortgagee has relied upon the credit of Mortgagor, the interest of Mortgagor in the Property and the financial market conditioris then existing when
making this loan. If Mortgagor transfers or contracts to transfer, title to or passession of, all or part of the Property, or any equitable interest
therein,, whether by deed, contract for deed, a*signment, lease for a term in excess of one year, lease with att option to purchasei option to purchase,
or similar agreement; or if the ownership of any corporation or partnership, owning all or any portion of the Property shall be changed either by
voluntary or involuntary sale or transfer or by operation of law, Mortgagee may declare all sutns due under any note, security agreement, and/or
loan documents associated herewith, in,nediately due and payable. Noncompliance with this covenant shall constitute and be a default of this
obligation which shall entitle Mortgagee to effectuate any and all remedies provided.
16. Time is of the essence and a material part of this agreement. In the eveut of default, at Mortgagee's option, the entire indebtedness secured
hereby shall forthwith become due and payable and bear interest at the rate of TWELVE PERCENT (12%)per annum; Mortgagee shall have the
right to foreclose the lien of this mortgage, to have a receiver appointed in any court proceeding, to collect any rents, issues attd profits frotn the
Property and apply thent against the indebtedness hereby securec~ to sell the Property at foreclosureen masse, or as one lot or parcel at the option
of ~¥1ortgagee, and to exercise any rights and remedies available under the Uniform Commercial Code for the State in which the property is located;
and reasonable notice if required by such Code shall be fi~e (5) days.
17. The M~rtgagee may at any time~ with~ut n~tice~ releasep~rti~ns ~f said m~rtgaged premises fr~m the lien ~f this m~rtgage~ with~ut affe~ting
the personal liability of any person for the payment of the said indebtedness or the lien of this mortgage upon the remainder of the mortgaged
premises for the fidl amount of said indebtedness then remaining unpaid.
18. Mortgagor and each of them join in this instrument for the purpose of subjecting each of their right, title and interest, if any, in the Property,
whether of record or otherwise and including any right to possession, to the lien of this mortgage.
19. This mortgage, all loan documents and the note(s) secured hereby shall be governed and construed according to the laws of the State of Idaho.
20. This mortgage applies to, inures to the benefit of and binds all parties hereto, their heirs, devisees, personal representatives, successOrsand
assigns. The term Mortgagee shall mean the holder and owner of the note secured hereby; or if the note has been pledged, the pledgee thereof. In
this 3~lortgage, wherever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the
plural.
Dated: October 31, 2003
Gerre McClin tck, Tras)~e Karen McClintick, Trustee
/
STATE OF IDAHO )
) ss
court or ~.omF~q~E ), '
On /~_~¢ /~.~l //~ , before me, the undersigned, personally appeared
Get~'e Mcfflinti~k and Karen McClintick
known or identified to me to be the person whose name is subscribed to the within
instrument as Trustees of the McClintick Family T~st and acknowledged to me
~ Not¢ Publi; for the Sta,e of ~id~aho~,.~-t~lP
C~lmissio~ Exffiration Date: ~~~~~O~ ~ ~
NOTARY PUBLIC
S"!'A'r~ 'OF IDAHO