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Home My WebLink About898109 RECEIVED LINOOLN' COUNTY CLERK MORTGAGE MARI~NE SCHMITT HELLAUER, TRUSTEE DATED SEPTEMBER 1.9, 2000, ~D L~CE MORTENSEN ~D LORf MO~TEN~EN, HUsB~D ~D WIFE, OF 117 WARWICK COURT, AL~O, CA 94507 ., (herein collectively called "MORTGAGOR"), to secure the payment of TWO HUNDRED ONE THOUSAND SIX HUNDRED DOLLARS ($201,600.00) , with interest thereon, aS provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 5th day of March, 201 4) and all renewals, modification and extensions thereof, do hereby mortgage unto SUSAN BATEMAN WORTON, TRUSTEES OF THE MARLOW AND SUSAN BATEMAN FAMILY TRUST dated December 20, 1996 of 244 Tom's Canyon Riad, Auburn, WY 83111 (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 28, T36N Rll9W of the 6th P.M., Lincoln County, Wyoming, .described on Exhibit A prepared by Marlowe A. Scherbel labeled .Mortenson Family Trust dated 19 September 2000 Wilkes Ranch Tract" dated Decentber 12, 2003 and revised January 28, :2004. 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 t° 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 to an entity other than, that which is authorized by the note, 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 atonce 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 jo/ day of March, 2003. 2000 MORTENSON FAMILY RESOURCE TRUST i~_.~~r-~ Trustee '~~~ _~ ~ L~: ance M°rtensen Lori Mortensen 08 M109 State of Maryland ) )ss The foregoing instrument was acknowledged before me by Marianne acnmitt, this of March, 2004. Witness my hand and official seal. My Comm'~ssion Expires: State of ~~_,,-z.,/~-_~ ) )ss County of The foregoing instrument was acknowledged before me by Lance Mortensen and Lori Mortensen this /~ ~'-day of March, 2004. Witness my hand and official seal. ~/Notary Public My commission Expires: COMM. # 1312663 J~ ~""~'~ NOTARY PUBLIC-CALIFORNIA '~~C:ONTRA COSTA COUNTY i~COMM. EXP. JULY 9, 2005 DESCRIPTION FOR THE 2000 MORTENSEN FAMILY RESOURCE TRUST, DATED 15 SEPTEMBER 2000 AND LANCE MORTENSEN AND LORI MORTENSEN MORTENSEN RANCH TRACT To-wit: - - Professional Land Surveyors Paul Iq. $cherbel - Wyo. Regist~'alion No. lx64 Ulah Registration No. '1670 Idaho Registration No. 3990 Nevada Registration No. 6805 $cotl A. Scharbel Wyo. Registration No. 3889 idaho Registration No. 8026 Utah Reg{stratioa No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Sun, eyor Scherbel, LTO. Allon, Wyoming Big Piney. Wyoming Jackson, Wyoming Lava Hol Springs. idaho Montpelier, Idaho All of GLO Lot 4 of Section 21, T36N R119W, Lincoln County, Wyonfing EXCEPT that tract of record in the Office of the Clerk of Lincoln County in Book 18 of Deeds on page 525, AND that part of the NV2 of Section 28, T36N R119W, Lincoln County, Wyoming, lying and being situate westerly of the thread of the Salt River, including part of that tract of record in the Office of the Clerk of Lincoln County in Book 399 of Photostatic Records on page 425 and .all of that tract of record in Book 534 of Photostatic Records on page 421, secondarily described as follows: BEGINNING at the southeast corner of said GLO Lot 4; thence N87°-47'-42"E, 213.4 feet, more or less, along the north line of the WV2NE~A of said Section 28, to. the thread of the Salt River; thence coursing said tl~read as follows: S 11°-47'-09"W, 116.8 feet, more or less, to a position; .S03°-18'-55"E, 59.8 feet, more or less, to a position; S25°-57'-51"E, 194.2 feet, more or less, to a position; S04°-56'-26"W, 182.8 feet, more or less, to a position; S16°-22'-37"W, 37.7 feet, more or less, to a position; S13°-57'-02"E, 70.6 feet, more or less, to apositiQn; S41°-03'-32"E, 394.9 feet, more or less, to a S53°-36'-29"E, 299.7 feet, more or less, to a S49°-24'-46"E, 210.4 feet, more or less, to a S37°-56'-27"E, 128.7 feet, more or less, to a position; position; position; position;. S00°-07'-31"W, 96.5 feet, more or less, to a position; S41°-26'-19"W, 123.1 feet, more or less, to a position; N84°-36'-08"W, 282.0 feet, rnore or less, to a position; N66°-04'-25"W, 155:4 feet, more or'less, to a position; N80°-36'-10"W, 179.9 feet, more or less, to a position; S67°-16'-39"W, 170.6 feet, more or less, to a position; S53°-21'-37"W, 168.8 feet, more or less, to a position; "Modification in any way of the foregoing description terminates liability of the surveyor" P~'ofesslonal Land SuP,'eyotrs Paul N, Scherbel .~- Wyo. Reglstrelion No. 164 Utah Registration No. 1670 Idaho Reglsti'ation No. 3990 , Nevada Registration No. 6805 Scott A. ScherbM Wyo. Registration No. 3889 idaho Regislralion No. 8026 Ulah Regislration No. 372111 MARLOWE A. SCHERBEL Wyo. Regislralion No. 5368 Sur,,eyor Scho~ool, L~'D. Alton, Wyoming ' Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Monl@elier. Idaho DESCRIPTION FOR THE 2000 MORTENSEN FAMILY RESOURCE TRUST, DATED 15 SEPTEMBER 2000 AND LANCE MORTENSEN AND LORI MORTENSEN MORTENSEN RANCH TRACT PAGE TWO S26°-28'-36"W, 152.8 feet, more or less, to a position; S21°-02'-57"W, 199.3 feet, more or less, to a position; S11°-03'-57"W, 94.3 feet, more or less, to a position; S27°-3~'-20"E, 90.8 feet, more or less, to a position; S72°-35'-02"E, 82.0 feet, more Or less, to a position; N85°-07'-56"E, 354.4 feet, more or less, to a position; S68°-42'-06"E, 202.8 feet, more or less, to a position; S36°-01'-12"E, 530.4 feet, more or less, to a position on the south line of said WV2NE¼ and leave said tln-ead; thence S89°-21 '-1 I"W, 121.1 feet, more or less, along said south line, to a brass cap; thence continuing, S89°-21'-11"W, 734.88 feet, along said south line, to the southwest corner of said W½NE¼; thence S89°-17'-06"W, 128.18 feet, along the south line of GLO Lot 2 of said Section 28, to a point On the east line of that tract of record in said Office in Book 399 of Photostatic Records on page 431; thence N00°-30'-38"W, 50.68 feet, along said east line, to the northeast rebar of said tract; thence S89°741'-07"W, 578.13 feet, along the north line of said tract and the westerly extension thereof to a position on the west line of said Section 28; thence N00°-01'-32"E, 329.60 feet, along said west 'line, to the northeast coiner of Section' 15, T4S R46E, B0rmeville County, Idaho; thence N00°-I 1'-54"W, 2201.54 feet, along said west line, to the northwest comer of said Section 28; thence N00°-ll'-'Ii"W, 1083.88 feet, along the west line of said GLO Lot 4, to the southwest point of that tract of record in said Office in Book 18 of Deeds on page 525; thence N89°-10'-05"E, 264.00 feet, along the south line of said tract, to the southeast position thereof; thence N00°-I 1'-11"W, 247.50 feet, along the east line of said tract, to the northeast point th. ereof, on the north line of said GLO Lot 4; thence N89°-10'-05"E, 453.33 feet, along said north line, to the northeast corner of said GLO Lot 4; · thence S00°-19'-16"E, 1338.61 feet, along the east line of said GLO Lot 4, to the CORNER OF BEGINNING; "Modification in any way' of the f(:~i:;::;:!~,:!g description terminates liability of the'.~-:-r;::7:¢r'' DEScRiPTION FOR THE 2000 MORTENSEN FAMILY RESOURCE TRUST, DATED 15 SEPTEMBER 2000 AND LANCE MORTENSEN AND LORi MORTENSEN MORTENSEN RANCH TRACT PAGE THREE OS S10 ENCOMPASSING an area of 86.1 acres, more or less; the BASE BEARING for this survey is the line between said northeast comer of Section 15, T4S R46E, Bmmeville County, Idaho and the northwest corner of Section 28, T36N R119W, Lincoln County, Wyoming being N00°-I 1 '-54"W; that the bearings and distances along the thread of the Salt River are approximate for the purpose of calculating acreage and that the actual tlu'ead of Salt River is the boundary; each "comer" found as described in a Comer Record filed or to be filed in the Office of the Clerk of Lincoln County or in the Office of the Recorder of Bmmeville 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" or "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", with appropriate details; each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed, "SCOTT A. SCHERBEL PLS 3889 BIG PINEY WYOMING", with appropriate details; each "rebar" marked by an aluminum sm-v-kap survey marker inscribed, "PE/LS 3514 PROPERTY CORNER", with appropriate details; all in accordance with. the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR MARLOW AND SUSAN BATEMAN FAMILY TRUST, DATED 20 DECEMBER 1996 AND THE 2000 MORTENSEN FAMILY RESOURCE TRUST, DATED 15 SEPTEMBER 2000 AND LANCE MORTENSEN AND LORI MORTENSEN WITHIN GLO LOT 4 SECTION 21 GLO LOT 1 GLO LOT 2 NEV~SECTION 28 T36N RllgW LINCOLN COUNTY, ]~dl2De n 0 ,asrevised.~~ Professional Lend Surveyors Paul N. Schei'bel Wyo. Registralion No. 164 Ulah Regislralion No. 1670 Idaho Regislrafion No. 3990 Nevada Regish'efion No. 6805 Scofl A. Sche,'hol Wyo. Reglstmlion No. 3889 Idaho Re§isfralion No. 8026 Utah Regislralion No. 372111 MARLOWE A. SCHERBEL Wyo. Registralion No. 5368 Su[veyo~ Sche~bel, L:rD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot SpriRgs, Idaho Monfpeliet. Idaho EXCEPTING TREREF~OH the land described in ~ar~an~¥ Deed ~ecorded Sepzembe~ 11, 2003 in Book 543PA on page 421 of ~he records of ~he L±n¢oln County Clerk. "Modification in any way of the foregoing description terminates liability of the surveyor"