HomeMy WebLinkAbout898506Samuel R VanSickle
1231 Trap Run ,Rd
Accident, MD 21520
"I" Includes each morlgagor above.
AgChoice Farm Credit, ACA
5000 Rit~(~uite 101
MORTGAGEE
· Vo.
· .!thc
m'ortgagecT. Its succex~rs ~nd assigns.
REAL~A~ MORTGAGE~For value received. I, Samuel R VanS&ckle, of Oarre[e County, ~aryland
mortgage, grant and convey Io you, wllb power of sale onAp~&~ 14, 2~ fl~e real estate ~rlbed below and nil
r~gllts, ennemeuLq, appurtenances, rent~, leases and hnprovemenls and ~xnlte~ Ibnt mny now .r at any lime In Ibc furore' be part o¢
U~e property (nil cnllcdthe 'property"),
PROPERTY ADDRESS: Lincoln County, Wyoming
LEGALDESCRIPTION: Se~ attached description
noo _552 . 391
Inhaled in Lincoln County, Slat~' of W~OMING.
TITLE: land assessmentsC°venantnotandyetWarrantduc and'tile The'° thc propertY,attachedCxccp:.~._.p_a r c e 1 sf°r encumbrances of record, municipal and zoning ordinances, current taxes
SECURED DEBT: This mortgage secures repayment of the secured debt and the performance of the covemann and agreements
contained in this mortgage and in any other document incorporated herein. Secured debt, as used in this mortgage, includes any
amounu 1' may at any time owe you under this mortgage, the instrument or agreement described below, any renewal, refinancing,
extension or modification of such Instrument or agreement, and, il' applicable, the future advances described below.
The secured debt is evidenced by (describe the instrument ar agreement secured by this mortgage
~~OS;l~)r(~ and and thc dam
Note o
Thc above obligation is duc and payable on ~ if not paid carlicr.
Tile ,.l~tal ~nuai4 balance secured by [his mortgage at any one lime shall not exceed a maximum principal a~ounl of Three
LlZon, '.rwo~ttunareqznousana Dollars$3,200,000 plus interest, and all other amounts, plus interest, advanced un~r [he terms of this
mortgage to protect the security or this mortgage or to perform any of thc covenants and agreements contained in [his mortgage.
[] Future Advances: The above amount Is secured 'even though all nr part of it may not yet be advanced Furore advance:! arc
contenlplated anti will be made in accordance with thc ~cnns of the note or loan agree,neat evldcncing [he secured debt and will havc
priority, to the sa,ne exlen! as if made on the date fills ,nongagc is executed.
[] Variable Rate: The Interest rate on the obligation secured by this mortgage may vary according lo the term of flint obligation.
[]andAmadeC°PYa°fpartthehereof.l°an agreement containing the terms under which rite interest rate may vary is attached In this mortgage
RIDERS: [] Commcmial [] Construction []
SIGNATURES: By signing below, ! agree to [he terms and covenants comained on pages I and 2 ol. this mortgage. In any insuument~
evidencin,g the secured debt and in any riders described above and signed by me. I acknowlecige receipt of a cop,/of this mortgage.
Samuel R VanSickle
ACKNOWLEDGEMENTS: STATE OF ~*~90~i:, County of]OSnv~ ss:
__ Pennsylvania Blair
Individual
or Corporation
with Seal
Corpor~don
wim no
.Seal
The fnreonin., instrument was acknowledged before me by.
__l_4.J:]:l.~ day of
The foregoing instrument was acknowledged before me by
day of
Witness my hand and official seal.
Samuel R VanSickle
this
My Commission Expires: _August 18, 2007
Ibis
_ . a corporation has no corpo.ralc seal.
'COMMONWEALTH OF PENNSYLVANIA
Notadal Seal
.Janlne A. Teeter, Notary Public
North Wcx:x:~bury Twp., Blair Courtly
My Commission Expires Aug. 18, 2007
Pennsylvania ~a6on Of Nolades
- -. 08.D8501i
1. Poymeul~. I a~r~ Io make *11 p~/men~ on ~ secured d~bt when du~. Dnl~s~ we agree o~erwis~, any payment~ you r~ive from m~ or for
my benefit willbe applied first to any zmount~ [ owe you on ~e secured debt exclusive of inlertst or principal, second. Io interest and ~tn Io principal.
If pa~ial prepayment of ~t secured debt occura for any rtason, it will not reduce ar txcu;e any substquemly scheduled payment until ~ secured
debt h paid in ~tl. .
1. Ctnlms n~aIMt Tine. I wilt pay ill ~xts, izseszmefl~, liens, e]mumbrances, leas~ paymtnH, ground ron~. aM othcf chargts relatifl~ to ~o
proptrty when due. You m.y require mo ~ provido Ia you eoplcs of all nolie~s ~at such imounH ara due and the receipts ~Vidcncing my pay ~cms.
I will defend lille lo ~,t proptr~ ata~st any claims that would impair ~e Ilea of ~is moorage. You may require me in assitfl any fichu, claims of
defenses which ~ may bart against parties who supply l~bof or m~lerials to improve ut maiutain ~ property.
3. lnsurnnet. I wilt keep ~t pra~r~ insured under lerms arceplable to you al my expense and for your benefit. ~ii Jnsu~nc~ wig include
standard moll~age claaso in your f~vot. Yo~ wil[b~ named as loss payee or as ~m insured on any such inlurance policy. Any insurance prnceeds m~y
be applied, wi~ your discttfion, to ci~tr ~c t~smration or repair of~t damaged prop~ or m the secured debt if you require mortgage msura~t.
I artec ~o maintain such iflsuraflct for as Inet as you
4. Pro~rty. I willkt=p ~ pfoptr~ in Rood condhlon and mzk~ alt repairs r~sonably necessary. [ willaivt you pfmnpt nmi~ of ~ny I~s~ or dam~8~
Io tim propt~.
5. expends. I a~r~ to pay all of ~t ~xpeM~s you in.r, including reasonable aRotneys' fees, if I breach lay covenanH ~ ~is ~n~aBt of in any
obligation secured by ;ht~ mortgage, I will pay these amoun~ to you aS provided in Coveflan~ l0 of this mop,aBe.
6. Default and Acceleration. If I h~ to ~kt any payment when du~ of breich any covtnln~ undor ~is montage. any pf~f mo~Bigt or any
obligation }~ured by this morlBaBt, you ~y, at your oplion, accclcra~ Ih~ 'matud~ of th~ secured debt and demand immediate piyment, and txtrcist
~ny o~er remedy available lo you. You m~y tnfDrc~ this mof[BaBc by txercisiflB any remedy provided by law, including, but not I~ited to, ~ power
of sale. You will bt emi;ltd to a judgment for any dtficitncy as provided by l!w.
If you niece to oxtrciso you power of ~1o, you will tivt nmi~ of your n~nt to foreclose by adve~isemenl and sale as provid~ by law. You will publish
notice of the salt and sell ~t p~pt~ according Ia applicable law. ~e proceeds of ~e sal~ will bo applied first m the costs and expenses of thc sa Jr
including, but not lima[cd to, reasonablo atlorntys' ft~s, ~en to payment of~e secured debt. and finally.if ~ore ~s any lucius, Io flit person(s)
emided to
T. AsslB~ent of Rtn~ and ~o~ and ~fldtr In Potion. [ ~ssiBn m you ~t rcn~ and profi~s of ~t properS. UnI~ we haw
mhtrwist in wri6nt, l may collect and train ~t rents as long as I am not in default. If you icceleratt thin mon~a~t as provid~ iff paaBraph 6 or
ill abandon ~ proptr~, you ~ft cn~tlcd to ~ntr upon, akt possession and manafe ~t property, ina collect Ih~ [ChH and p[ofi~ of the propers,
eider iff person, by agent or by eou~ ap~int~ rteeivtr,until ~e expiration of any perl~ of r~cmption followintjudicial zola. ~xccpl when mherwisa
dirtcled by ~e courl, any rtms and profi[I you collect willbe applied first to ~ costs of minutiae ~ prope[~ and eoHec;lnB the ttnH and profits,
includln~, but not flmhcd Ia, receivers fe~, coda cosls, and reasonable lltofneys' fees. and ~tn Io paymcms of ~ s~urcd debt as provided
Covenant I.
8. Prier ~curity Interest. I will ~kt paymtnts whta due and pcffo~ all o~tr coveMna undtr any mo~Bage, deed of [~st. ar mher securt~
agreement ~at has priority over ~ monBag~. I w~llnot make or pcrmit uny modification or cx~nsion of any moorage, dted of t~ or mhcr stcufi~
imtrest ~at has priori~ ove~ ~is moa~att or any flute or aBreemtnl secured thtrtby walnut your wtitltn coflsenL [ will prompUy deliver m you
' ~ny aoticts [ receive from any person whose righ~ in ~ proptrly haw pdori~ over your rights.
9. ~aseholds; Cendomln'lums; Harmed Unll ~velopmtn~. l agree Io comply with ~t provisions of any lease if~is mo~att lion a leasehold.
[f thi~ moaBaBt is Dn i unit in I ~ominium or ~ planned unit dewlopmem, I wt[I perform all of my duties undcf ~ core.nH, by-laws, of
- regulations of ~ condominium or planned unit dtvelopmtnt.
10. Authority of MortEa~tt to P~[orm far Mo~aRor. If [ fail to perform any of my duties under ~is moabite, of any mher moulage, deed
of t~st. lieu or outer secudly interne ~at has priority over ~is mott~a~e, you may perform Iht dutitz or ciu;e ~em lo be perfumed. You may si~fl
my name or pay any amoufll if nec~sa~ for performance. [f any conslruefiofl on fl~e pfopt~ is diseoatlnued of not carried on m i reasonable
manner,, you may do whittvef is n~ssa~ Io protect.your securi~ interest in ~e property. ~is may include complelin~ ~e const~clion.
Your failure lo ~orm will not prelude you flora txtrcisinE any of your o~er rlthH under ~e law of ~i~
Any amoun~ pa~ by your m prol~t your s~uri~ interest .will be s~urtd by ~is mo~aBe. Such amoun~ willb~ due off ~c~nd and will bear
~nttrtst from ~ dlle of fl~e payment until paid in ~11 at tile inlerdst fate in effecl from time la time on Iht secured debt.
II. Ins~etlon. You may enter Ih~ prope~ to inspect it if you Bivc me notice beforthnnd. ~e nolie~ mull s~ ~e reasonablt ~ust for yout
inspection.
12. Condemnn~on. [ ~ssign ~ you ~t pr~tdz of iny award or cllim far damasei ~flntcttd with ~o condemnation or othtr ~king of ali or any
pan of the pro~. ~uch proceeds wiilbe applied as ptovidtd iff Covtnam I. This nssiBnmem is iubjccl ~o ~ terms of any prior s~fi~ iBrtemcnt.
13. Waiver. By exercising any rtm~y oval[obit ~ you, you do not give up your rithH to later usc ~ny o~er remedy. By ~ txetc~ing any rtmtdy,
if I dtfauit, you do not waiw your ri8hl to ]al~r consider ~t ovtnt a dtfzuh if il happens atnin.
14. Joint· and ~veral Liability; C~IBnt~; ~uec~ and ~Bns Bound. All dullts under ~is monBaft art jolt and ~veral. If 1 sign
mortgage bul do not sign ~t secu~ debt I do so only to montage my interest in the propc~ to securc payment of ~c s~ur~ debt and by doJa
so. [ do nol artec :o bt personally I~blt on ~t secured dcbl. I also agree ~at you and any par~ ~ ~i; mor~ga~c may tatted, modi~ of make any
o~er changes in Ute lerml of ~tis mo~aRe or ~c scented debt walnut my tomcat. Such a change will not ftltast mc f~om ~c ~rms of
Tilt duties and bentfils of d~is moni;it shall b~d an ben,fit ~ /uccts~rs a~ assigns of eider or bo~ of us.
1~. Nollee. Unless o~trwise requi~ by law, any notice ~ m~ shaJI ~ ~ivtn by deiivtrint it of by mailing it by certified ~il addr~std [o gee ~ ~t
Prope~ Addftss or any other addr~s ~at I lell you. I will giw any notice to you by ctnificd ~i[ to your addrtss on p~gt I of ~is moUgaE~, of
lo any o~tr addr~s which you h~v~ designed.
Any notict shall ~ deemed Io have ~tn given to ~t~tr of us when tiwn in ~e maflntr ]ta~d a~ve.
16. Transfer of the Pro~ or a Btutflc~l Intt~. in the blOa~alor.lf ~[I or any pa~ of ~ pro~ of any imetcst ~ it ~ sold or
walnut you prior wriacn coMenL you may demand immediate payment of ~e secured debt. You may also demand imm~m paymcm if ~o
morlSaBof [Z not a natural p~rson a~ a beneficial n crest in ~e mortgagor 1~ s~ld or Iransfeff~. Ilowtver. you may nfll dcmzfld paym=m In ~t
above situations if it is prohibited by f~eral law as of ~t dale of ;h~s morttnBe.
17. RtleaR. ~nt to hw, when I hay0 paid lbo s~ur~d dtbt in ~ll. all underlyin~ affeemen~ have be~n le~Jnat~, and I have m;iled Io you
a wrintfl request for ~to release, you will release ~1~ mortgage wi~ou~ charge Io mo whhln 30 days of your receipt of my rtqu~; for ~e
I aBrce lo pay all cos~ ia rcco~d die rcica~.
16. ~everablll~. Any provis~n or ~hu~e of ~is mooKage of any s8r~mcnt ev~eficifl8 ~e scco~ debt which conflico wi~ appi~blo law will nm
bc c~ccfivc unless Iltal law cxp[c~ly or impficdly pcrmiO variations by acrccmcnl. I~ any provisioo or clause of this moorage or an aRrccmcm
cvidcnc]n8 ~e secured debt cannot ~ enforced accotGin~ lo io Icrms, ~is fact will not affect ~ enfo[ccabiJily of ~e balance o[ ~c moO8a~c and
ibc agreement evidencing thc secured debt.
1~ Waiver of Hom~end Kxe~ptJon. [ hereby release and waive all riRh~ under and by virtue of ~e homestead exemption laws of
20. J'ln2ordo~ ~uhstallees. ~orrow~r sh~] not ~ousc or p~mTJt th~ ~rcsen~e, usc, disposol, storn~, or r~l~n~e of
Hazardous ~ub~t~nc~s on or if~ thc Properly. Borrow~ sh~l not do, nor ollow ~nyone ~l~e to do, .nythin~ ai'i~th~ th~
Properly lhal is in violation of auy Environmental Law. The preceding two Senlences shall not apply to the presence, use,
storage on ~l~e Property of small quantities of H~rdous Subsi~ces that are generally recognized to be appr~priale ~o normal
residential uses aad Io maintenance of the Prope~y.
Borrower shnll promplly give Lender writlen notice of any investigation, cluim, demand, lawsuil or olher aclion by any
governmcmal or regulatory agency or private pa~y involving the Prope~y and any Hazardous Subslancc or Environmcnlal Law.
of which Borrower bas actual kaowledge. If Borrower learns, or is nolilied by any governmeul;d or regulatory auflmrily, Ihil[
any removal or oll~er remediation of uny tta~rdous Substance affecliug the Property is necessa~, Borrower shall promplly lake
all necessary remcd/al actions in accordance wilh ~nvironm~nlal Law.
As used in Ihis paragraph 20, "H~ardous Substances" are ibose substances delined as Ioxic or hazardous subslanccs by
Environmenlal Law and ~he following substances: gasoline, kerosene, other flammable or toxic petroleum produc~s, ~oxic
peslicides and herbicides, volalile solvenls, malerials containing asbestos or lo.aldehyde, ~d radioactive mutcrials. As used in
Ibis paragraph 20, "Envlronmenlal Law" means I~deral laws and laws of the jurisdicl on wbcrc II~e Property is located that
rclale 16 health, safely ~r environnmnlal Droteclion.
All that certain tract, lot, piece, and parcel of land situated in the County of Lincoln, State
of Wyoming, and described as follows to-wit:
T28N RllgW of the 6th P.M., Lincoln County, Wyoming
Section 4.: Lots 3 and 4 and w%SW~,4;
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
LoB 1, 2, 3 and 4 and.S~A;
Lots 1, 2, 3 and 4, W~SW~A, SE~A and E~ASWtfi;
Ail.
All.
SW~NWtA.
T28N R120W of the 6th P.M., Lincoln CoUnty, Wyoming
Section 1: Lots 1, 2 ~nrl 3, NEgSE~, SE~SEt,4 and WVzSE~,4.
T29N RllgW ot; the 6th P.M,, Lincoln County, Wyoming
Section 31: S I/2SE ~A.
Excepting and reserving from the above property:
1
;hip:
tsemem:
hip:
sement:
~ement:
SE1/4SE1/4, ~on 7, T28N RI19W of the 6m P.M., Uncoln County, ~oming.
30 foot easement thru the S1/2SWl/4; SW1/4SE1/4, S~-'tion 7, T28N l~119W of the 6~,
P.M., Lincoln County, Wyoming.
NWl/4NW1/4, Section 7, T28N R119W ~ the 6TM P.M., LJncnln CourrtT, Wyomir~.
30 foot easement thru the W'~/2SWl/4; SW1/4NWI/4, Section 7, T28N R119W of the 6m
P.M., Uncoln Ccunty, Wyoming.
SWJ/4NWl/4, Section 7, T28N R119W of the 6m P.M., Lincoln County, Wyoming.
30 foo~ easement thru the Wl/25W1/4, Sectbn 7, T28N R119W of the 6m P.M., Uncoin
County, Wyoming. '
Cross Default Clause
394
It is understood and agreed that a default under the terms of either this
present mortgage or a certain mortgage to PennWest Farm Credit, ACA, and
recorded at Record Book Volume 1416, Page 805, in the Land Records of
Somerset County, Pennsylvania; and a certain mortgage to AgChoice Farm
Credit, ACA and recorded in Record Book Volume 1447, Page 272, in the
Land Records of Somerset County, Pennsylvania; and a certain credit line
deed of trust to AgChoice Farm Credit, ACA and recorded at Book 0983,
Page 085, in the Land Records of Monongalia County, West Virginia; and a
certain mortgage to AgChoice Farm Credit, ACA and recorded at Book
2552, Page 142, in the Land Records of Fayette County, Pennsylvania; and a
certain credit line deed of trust to AgChoice Farm Credit, ACA, and
recorded at Book 334, Page 36, in the Land Records of Preston County,
West Virginia; and a certain credit line deed of trust to AgChoice Farm
Credit, ACA, and recorded at Book 332, Page 963, in the Land Records of
Preston County, West Virginia; and a certain mortgage to AgChoice Farm
Credit, ACA, and recorded in Book 2808, Page 816, in the Land Records of
Fayette County, Pennsylvania; and a certain deed of trust to AgChoice Farm
Credit, ACA, and recorded in Liber No. 929, folio 332, among the Land
Records of Garrett County, Maryland; and a certain deed of trust to
AgChoice Farm Credit, ACA and recorded in Liber No. 934, folio 810,
among the Land Records of Garrett County, Maryland; and a certain deed of
trust to AgChoice Farm Credit, ACA and recorded in Liber No. 993, folio
302, among the Land Records of Garrett CoUnty, Maryland; shall constitute
a default under the terms of all. AgChoice Farm Credit, ACA, for itself
and/or as agent/nominee for AgChoice Farm Credit, FLCA, is the legal
holder of the obligation, bond or other evidence of debt secured by said
mortgage.
' ue R.~e, Borrower