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HomeMy WebLinkAbout875203 Space Above This Line For Recording Data MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is August 1, 2001. The parties and their addresses are'. MORTGAGOR: DAN H. NIELD 11411 HWY238 AFTON, Wyoming 83110 JOSH NIELD 11411 HWY238 AFTON, Wyoming 83110 LENDER: FIRST NATIONAL BANK - WEST Organized and existing under the laws of the United States of America 314 S Washington PO Box 1620 Afton, Wyoming 83110 83-0162601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance 'under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with ,the power ~f sale, the following described property; SEE ATTACHED SCHEDULE "C" The propertyis located in LINCOLN County at CROW CREEK ROAD, AFTON, Wyoming 83110. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and' all underlying, agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time wilt not exceed $61,584.53. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Aisc, this limitation does not apply to advan, ces made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security instrument. 3. SECURED DEBTS.. This Security Instrument will secure the following Secured Debts: ..A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note, No. 64002778, dated August 1, 2001, from Mortgagor to Lender, with a loan amount of 861,584.53 with an interest rate of 7.75 percent per year and maturing on August 7, 2006. B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument: 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. 8. To promptly deliver to Lender any notices that Mortgagor receives from the holder. DAN H. NIELD Wyoming Mortgage WY/4BrendieMOO605900003326019OSO601Y ©1996 Bankers Systems, Inc., St. Cloud, MN ~ Initial" " Page 1 C, Not to allow any modification or extenSion of, nor to request, any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 6. CLAIMS AGAINST TITLE, Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property .when. due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment, Mortgagor wilt defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property, 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject to the restrictions imposed by federal law governing the preemption of state due-omslale laws, as applicable. 8. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing. Mortgagor or to which Mortgagor is a party. 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. 'Mortgagor will not Commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property, Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHORITY T° pERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lander as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or'not carri'ed on in a,,reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion Qf the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and interest in and to any and all: A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of 'any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as Leases). B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, .parking c'harges, real estate taxes, other applicable ~axes'; insurance premium contributions, liquidat~'d damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security instrument. Mortgagor agrees that this assignment is effective as to third parties when Lender takes affirmative action prescribed by law, and that this assignment will remain in effect during any redemptibn period until the SecUred Debts are satisfied. Mortgagor agrees that Lender may take actual possession of the Property without the necessity of commencing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies Mortgagor of Mortgagor's default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 12. DEFAULT. Mortgagor will be in default if any of the following occur.: A. Payments. Mortgagor fails to makea payment in full when due. B. Insolvency. Mortgagor makes an'assignment for the benefit of creditors or becomes insolvent, either because Mortgagor's liabilities exceed Mortgagor's assets or Mortgagor is unable to pay Mortgagor's debts as they become due. O. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other transaction document. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. f/iA DAN H. NIELD Wyoming Mortgage WY/4BrandieM005059OOOO332§O19080601Y 469 Cl. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or piovided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgager's name or assumes an additional name.without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgager's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. The value of the Property declines or is impaired. M. Insecurity. Lender reasonably believes that Lender is insecure. 13. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Mortgager's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and ali insurance benefits or refunds that may be available' on M0rtgagor's default. Subject to any right to cure, required time schedules or other notice rights Mortgagor may have under federal and state law, Lender may make' all or any part of the amount owing by the terms of the Secured Debts immediately due, and foreclose this Security instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Grantor at such time and place as Trustee designates. Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon sale of the Property and to the extent not prohibited by law, Trustee will make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, will pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debts, paying the surplus, if any, to Grantor. Lender may purchase the Property. The recitals in any deed of conveyance will be prima facie evidence of the facts Set forth therein. All remedies are distinct, cumu at ve and not exclusive', and the Lender is' entitled to all remedies provided at law or equity,~ whether or not expressly Set forth.' The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing any one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender does not waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender does not waive Lender's right to later consider the event a default and to use any remedies if the default continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On Or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protect on of Lender's rights and remedies under this Security instrument. Mortgagor agrees to pay expenses for'Lender to nspect'and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees after default and referral to an attorney not a salaried employee of the Lender. These expenses are due and payable immediately.. 'If not paid immediately, these expenses will bear interest from the date of payment until paid Jn full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United States Baiq'kruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or' environment. The term includes, without limitation, 'any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance Js or wiJJ be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Prope(ty. B. Except las previously disciosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and will remain in full compliance with any applicable Environmental Law. C. Mortgagor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of/'~rA Hazardous Substance or the vio!ation of any Environmental Law. DAN H. NIELD Wyoming Mortgage tnitials'~(/ WY/4BrandieM0050590000332§O19080601Y el 996 Bankers Systems, Inc., St. Cloud, MN ~" Page 8 47O 16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or Public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgager's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject tO the terms of any prior mortgage, deed of trust, security agreement or other Hen document 17, INSURANCE. Mortgagor agrees to k~ep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance wil~ last until the Property is released from this Security Instrument. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgager's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance, 18. ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreement, Mortgagor agrees to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgager's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor,· Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. 20. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 21. APPLICABLE LAW. 'This Security Instrument is" governed by the laws of Wyoming, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. :)2. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgager's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together .with any other Mortgagor. Lender may.re~ease any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement, No ame. ndment or modification of this 'Security Instrument"is effective unless made in writing and executed by Mortgagor and Lender. ·This Security Instrument is the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 24. ]NTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 2,5. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing' it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to One party will be deemed to be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgager's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests, All financial statements and information Mortgagor gives Lender 'will be correct and complete. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgager's obligations under this Security Instrument and to confirm Lender's lien status on any Property. Time is of the essence. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security Instrument. ~..,~) S H NIELD DAN H. NIELD .I .~..-~l/ ~ Wyoming Mortgag~ ~ WY/4BrendieMO0505900003326019080601Y e1996 Bankers Systems, Inc,, St. Cloud, MN ~-.,xlb--~'r~," /nitials 0~7~5;~0:J 4 7 1 LENDER: First National Bank- Wast Ron Thomas, Afton Branch President ACKNOWLEDGMENT. {Individual) This instrument was acknowledged before me this 9-~- ' day of _~'4' ~ ~. q. ~ , 2--g)o .2 by DAN H. NIELD, and JOSH NIELD. -- My commission expires: / {Notary Public) {Lender Acknowledgment) co,,,~7 _OF /;'nC.o.~, , .5/,~/'~ OF ~'Yor~;',~ ss. This instrument was acknowledged before me this ~ day of '~J '~ , ~/ by Ron Thomas as Afton Branch President of First National Bank - West. My commission expires:/,~,~ ~, ~~. DAN H. NIELD Wyoming Mortgage WY/4BrandieMOO505900003326019080601Y ~1996 Bankers Systems, Inc., St. Cloud, MN ~" Initials ' Page 5 ALTA COMMITMENT' 1982 - WY Cormnitment No.: FA 8006 M SCHEDULE C The land referred to in this commitment is situated in the State of Wyoming, County of Lincoln, and fs described as follows: That part of the SW~NE~ of Section 33, T32N RllgW of the 6th P.M., Lincoln County, Wyoming being part of that tract of recorded in the Office of the Clerk of Lincoln County in Book 56PR on page 172, described as follows: ' COMMENCING at the Southeast corner of the said SW~NE~, found as described in the Certified Land Corner Recordation Certificate file in said Office; thence N 00o00.6,E, 160.90 feet along the East line of said sW~XNE~ to a 3/8,, ~x 12" spike; thence' S 89029.4, W, 32.77 feet to an intersection with the centerline of the Crow Creek County Road No. 12-141 the SPIKE OF BEGINNING; ' thence continuing S 89o29.4, W, 30.00 feet to a point on the West right-of-way line of said County Road No. 12-141; thence continuing S 89o29.4, .W, 336.33 feet ~long an existing fence to a point; thence N 00o00.6, E, 542.29 feet to a point on the South line of that tract of record.in the said office in Book 294PR on page 325; thence N 89046.8, E, 323.68 feet along said South line, in part, and along the South line of that 'tract of record in the said Office in Book 291PR on page 235 to a point on the West right- of-way line of said County Road No. 12-141; thence N 89046.8, E, 30.13 feet along the said South line to an intersection with the centerline of said County Road No. 12-141, marked~by 3/8" x 12" steel spike; thence Southeasterly along said cenLerline along the arc of a non- tangent circular curve to the right, · i31.36 feet through a central angel of 4050.7' with a radius of 1553.29 feet to a 3/8" x 12" steel spike; thence S 00044.5, E, 409.30 feet along said centerline to the SPIKE OF BEGINNING. 11/91