HomeMy WebLinkAbout898672 RECEIVED
LINCOLN COUNTY CLERK
898612
RETURN TO
PREPARER:
Do not write~type abow this Iln~., For filing purposes only.
Farm Credit Services of America, 1401 Wilkins Circle, PO Box 878 Jan HolmquJst
Casper, WY 8.2602-0878 (800)359-0235
Farm Credit Services of America
REAL ESTATE MORTGAGE
For the State of Wyoming
Open-End To Secure Present and Future Obligations and Advances
Date: April 16, 2004
Mortgagor(s):
E Karen Buck, single
Mailing Address: PO Box 308
Labarge V~/Y 831 23-0308
FORM 5014 13-2004)
The above named Mortgagor(s) in consideration of the extension of credit identified herein and any future, additional or protective advances made
· at Mortgagee's option, hereby sell, convey, and mortgage to Farm Credit Services of Americaf FLCA, 5015 S 118th St; PO Box 2409, Omahaf NE
68103-2409, Mortgagee, its successors and assigns, from the date hereof until all obligations secured hereby are paid in full, the following-described
real estate in Lincoln County(les), Wyoming, to wit: - ·
See Exhibit "A"
together with all Mortgagor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and
improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income,
profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property
that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and
accoutrements of any structure or residence secured hereby; easements and other rights and interests now of at any time hereafter belonging to
or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and
accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappu[tenant to the property, now or hereafter issued, extended, or
renewed by Mortgagor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively
.referred to in this document as the "property."
It is understood and agreed between Mortgagor(s) and Mortgagee that this mortgage is given to secure the repayment in Jull of the following
described Obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances., protective or
otherwise, which may be made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), the parties liable under the
note(s) or credit agreement(s) or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit
agreement(s) or other instrument(s) modifying the same.
Date of Note(s) or Credit Agreement(s) PrinciPal Amount(s)
04/16~2004 120,000.00
Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of ONE HUNDRED
TWENTY THOUSAND DOLLARS ($ 120f000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s).
NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY
TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
This mortgage will be due December 01~ 2023.
Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property, that Mortgagor(s) has good and lawful
authority to mortgage the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that
Mortgagor(s).will warrant and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagor(s) also hereby waives and
relinquishes all rights of dower, homestead, distributive share, and exemption, in and to the above described property.
Mortgagor(S) and each of them further covenant and agree with Mortgagee es follows:
1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon
the property or under any lease, permit, license, or privilege assigned to Mortgagee as additional security to this mortgage, including those in or on
public domain. ·
2. To insure and keep insured buildings and other improvements, including fixtures and attachments now on or hereafter placed on the property
to the satisfaction of Mortgagee. Such insurance will be approved by and deposited with Mortgagee, and endorsed with a mortgage clause with
loss payable to Mortgagee. Any sums so received by Mortgagee may be applied in payment of any indebtedness matured or unmatured secured
by this mortgage, or at the option of Mortgagee may be used to pay for reconstruction of the destroyed improvements. Such insurance will be in
an amount at least equal to the lesser of the loan balance, the actual cash value of the Collateral, or the replacement cost of the property, add will
at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft; vehicles, vandalism, civil commotion, smoke, windstorm, and hail.
Mortgagor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Mortgagee and by the National Flood Insurance
Act of 1968, as amended, and by regulations implementing the same. Mortgagor(s) further agrees that Mortgagee is not and will not be liable for
any failure by me/us Or by any insurer, for whatever reason, to obtain and keep this insurance in force.
3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair,
maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Mortgagee may
enter upon the property to inspect the same or to perform any acts authorized herein or in the credit agreement(s).
4. In the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property,
buildings, fixtures, attachments, or improvements as provided herein or in the credit agreement(s), Mortgagee, at its option, may make such
payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby,
be immediately due and payable and bear interest at the default rate provided in the note(s) or credit agreement(s)from the date of payment until
paid. The advancement by Mortgagee of any such amounts will in no manner limit the right of Mortgagee to declare Mortgagor(s) in default or
exercise any of Mortgagee's other rights and remedies.
Ap #:00334860; Primary Customer ID #:00020616; CIF #:2126
FORM 5014, Real Estate Mortgage
Legal Doc. Date: APril 16, 2004
Page 1
5. In the event Mortgagee is a party to any litigation affectin the
this mortgage or any suit in which Mortgagee is named a ~gefen~r°perty or the lien of this mort a
expenses and advance payments for ant (incl ' g ge incl ' .
aa~?h~n~e~amu~tUrnattSe S~°roavdHVa_n~c. ed will b~bcSot2eCtpfaer~S(~ fa~°ern_e.ys .fee? {,o the exUtd~r~? a~onwd~n~n.a?°n.and bankrluUpd~cn~ ~)rnoYc~..°_n b.y .M. ortgagee ,c
~- ~uua in the note/si ..... ~:. ~ pnnc~pal indebtedne _ u¥ la. wh costs, ex e !.gsl MOrtgagee m
....... u,[ agreement{s} from the d~StSe s..e~c~u?d hereby, be imme~lP-;tne~es' appr_a'sal fees., and other
6. Any awards made to Mortgagor{s) or their successors b the ~ ~,, ~uvance until paid y due a.d payable and bear
hereby author zed to collect and -
.7_. In the event of default in *~'~ - apply the same in paymentY~, __exe. rc!s.e of eminent domai
..[_o ~perror. m or observe am, ~ep-a-y?ent .when due of any aum~'-~y m.a.ebtedness, matured ~ra.'.~--ne-r?Oy .assigned to Mortr~a
~ Drought undo- -~ , x. ~.dn[s and condiHnn .... oucureo hereby Inrin,-;--, * u-matured, Secu ~H . o u~, o,,u ivlort¢
payable and th;'~v~noYl,~,.a...n,,~,ruptcy laws, Morto;;;~.'o.c.°..n. ta'ne,d herein, in the 6d[~i;'~"~J..n.retest, advancement~r~,~.tY._t.h's_.m°rtg, age. '
~ ~ vw, gear Jnteres at th,=~ ~, -[.at ~ts option, may de .-., ~.,.uu[[ agreement s ' TM P~utec[ive advances
t .... ue,au~t rate as Provid,~.~ :'- .~C/are the entire.male { )' or othe. r instrument }, o
...... ,- the note{si or ~-~-~:- btedness secured r~eroh .... {~;}, or any pro~
· ~-~u~t agreementto~ ._.4 ~, . ~u¥ tu De Immediately c
-,o, o.u ,v~ortgagee may ~mmediate/y'fo
this mortgage or pursue any othe
~p,rov. ided by app cable law~ De,~r,r.~m..e?.y a.t law or equity· inclu ' _ .
~worr..g.a.gee waiving any spe'cifi- ~?,_u..y,.~wo.,,rtgagee in exerc sin ~mg.foreclosur_e Dy ad. vertisemen . . .
;'Js~.u.~L'~c'ent to p.ay the total ind;l~t;~u~~_ w,,, not be construed ~gs ~ts,*.rL:g--h-ts upon default will not ~teW~?--a- pow. er uf sale n Mort-a
'_',~,~jdgee will be e-t;*~-.~ - -~u,,c~s secured he,,~.. ·, ,~a,vur ol any futnr~, .4.~ , -u-~trueo as a Waiv^-
I~. Upon default ~....:,_,,cu rD .a ,deficiency judoment ,~uy, ,v]ortgagor{s} does h~re ~-.=~.~,a.u_lt. If the proceeds u ~, ~nereof and any
profits and ~_L' ~_,~,~gagee w~ll at once bacon.. ,~;; ..... b, -u,~ ~u be personall b nder such sale or foreclos
delivery of w'l~c°hmu me. reof, from the time ~,,"~'.=.~,,,~,u.u [.o exclusive posseso~ .... Y Ound to pay the Unpaid balanc
.... ,~ may De enfor ~- ou~. Default and dur* o,~,-, use, and eniD me '
.p~roperty and all rents issu¢_~ ~c~e_d_ by M..ortgagee by any a ....... ~.ng th.e. Pendency of fore ~Y,..~nt of the. property and to
~ne mortgane deb. ~., .. -.-, ~,up~, pror~ts and ~ ..... % ,-~-~,-~e su~t, action ..... c[you,~ proceed n~s a,,,4 .~.~ .all.rents, ~SSUes,
ev ..... %. y- ~,,u [ne torec/o ,,, .... : . ,,,~-u~,e thereof without ,~= , ~, i~uceeolng. Mort o . .~ ,.~ period of redem '
,.~ ~o,? application not ce ~-~:-- ~s_.~. ,u~s, tees, and exo~.n~'.-~ ~ : -~u,rd to the va u,~ ~ +~-- gagee wdl be ent tie,4 · .... ptlo
,~uep the same n g~)'od re~ai~'~ hereby expressly wa vedr-+'~ ~ucn Receiver may be~'.~u. Pr.°pert~, or the surf cie-~..'.~~ r~e.ce,ver f.
pro err ~ · ~,~u cond t on · H~e ~eceiver w - uPpuln[eo b an ,,~-¥ ~nereot to dis
i,,,~._Y~ ~nsured, pay the exneno~ ^~ .,- , p. ay all taxes, rents _ dl apply al/rents is Y__ y court of corn ate .... c
[[,~_y~u.uness secured h-,-~X ~" ~.' ?e r~ce~vershin anH ..... . fees, c. herges and ass,,o~,'._,s,ues' cr. op~, profits, and in~P~--nt J.ur!sdlct~on
a. ~ne ~ntegritv and .._'~'?~-..y.... OUCh Heceiver will h~,.- ~,,~.~u~ney tees ~ncurred b~, t~,~ ~,--_--,,.,~.~s. pay ~nsurance ~r.~:7..-~u.~e or the prope
~ned/bl~;eac~nS~r~ i~e~i}~P~hneS~/~Yer~fythdeesMc r~teg~°errfeSi!;:n~'ti't~?e~t~ra~S~:~(~2! ;e~ :~¢~ rV~ r~' uat'~do r?zPePdlYbtyh?a~a~n'~};i:~dSs r~ctehSeS~ tm°ekn~~
10..Assignment of t~te~ltYs c~nUcela~.~ Pa._yable and may p~ol;he~jt._pr.l,°r written COnsent oia~°o?/~°; the o. blJgations Secured haerSet~e c~o~urt may dJrec
royalt.,es, bonuses, and dele- ~uo,ng ~'roceeds of Mineral Lo.~--~ne.e. nf°rcement of its riah~ ~g.ee_, Mortgagee, at its option Y~.~.no~uJd. Mort. gag
~e~n~ o!l, gas, gravel, rock or ~)*hm~°-n-e-e 'ys or.o. ther proceeds tha~".~.~.~.', ,vlort.gagor(s} hereby ~aS's-?2. un.?nY.°ther default. , .... ¥ ueclare the e
~.uverlng the nrO .... ' ~H~ mineral lease of =-- ~- ~. ,.~o.y /rom time to t ~_ h~ u,~, transfers, and
at its ont;~-"--~'~W°ranYpartthereof,- .... , m All ..... ""Y~nUmClud~nggeotherm m .... ome due and pa obi conveys to Mortgagee all
Mortclanee'° .,~.Y_ .[urn .over and delivb'r 'i,~ ~.sums ,so. received by Mort..~l-res.°..u.rces now existinn ~ .he~.u_nder.any r.eal estate lease
construed t~, '~.~"[_s [o tal(e and retain futur; .~'iu~r?a?-°~rial .,or their succes~)'~~%u w.m be applied to the rndel~'t~' ,,,ay hereafter come into ex~'~te,
independen~0~i~.a~ p_rov!slon for the paymen~-~'r'°:.:t'.u_..w"no.ut prejudice ,o ~vm,?~.e~re--s. tJ any .or all of suc~tSmS ~se,.c.~u. r2~..h, ereby; or Mortga
assignment will ~c~m--°r-~gage lien on the propert,,'~",u,u_u°n of the mortgage db'b(.';%YJ2,er. ngpts under this mo~a~"~""~,ur. preju, dice to an;
11. This ~ ..... ~,,,e ~.noperative and of ,~ f...~,Z_ u. pon payment in full of th ' -~,j~ut [o the Mortga ee's u.-~. /his .assignment wi(
12 Th- ,~'..,.¥~_~dg.e Consbtutes a Securih. ^.%_,~,u,er force and effect e mortgage debt and t g opbon as hereinbefore ·
. .". ~ ~uvunan[s contai---~ :- -~. "~ '~M,uement with re_~n¢ .... . .. _ he release of this mort provlc
vo~o or unenforceable ~ha¢'~.'_u t~.ls m. ortgage wil be de,~;~.~-~'~ to a, the property descrih .... gage of record,
-.~-" .... termination will no, -,,--- 2T"""" ~u Be Severable. n th~ ~. -¥--~-u ~erem.
. ..... ..ne va,,d,ty' ....... of the ,ema,n,;g mcr.gage ,s date,re,ned to
INDIVIDUAL BORROWER ACKNOWLEDGMENT
SS
My commission expires~~,
On.~this_ (.~L._._._._._._._.~_~ -j~ day_ of ~ ,-~.,,- '. , __, I
-, ~'&)O ¢'_, before me, a Notary Public, personally appeared
to me kno~l./,/wn to be the personfs) named in and who executed the
voluntary act and deed. foregoing instrument, and acknowledged that
executed
the
Same
(SEAL}
fType name under signature)
Notary Public in and for said 'County and State
- N ~'~,~ STATE OF
, r,lmary L;ustomer ID //: 00020616; CfF //.'2126 -
FORM 5014, Real Estate Mortgage
.. ,:.;,?.,..;,;
Legal Doc. Date: April 16, 200~--"-----
EXHIBIT "A"
Attached to Real Estate Mortgage dated 04/16/2004
for E Karen Buck
T23N RllTW of the 6th P-M., Lincoln County, Wyoming
Section 9:
Section 10:
Section 14:
Section 15:
Section 16:
Section
Section 22;
Section 23:
Section 27:
Section 28:
E~SE~;
W~SW~;
Lot 10;
E~NW~, SW~NE~, E~SW~, Lots 1, 2, 5, 6, 7, 8 and 9;
Lot 1;
Lots 1 and 2, S~NE~, SEW;
Lot 1, NEW, NE~W~, Sh/qWK, NE~SE~, S~SE~,_NW~SWW;
Lots l, 2, 3 and
NE~E~, S~NE~;
T23N Rl17W of the 6th P.M., L£n'~oln County, W~oming
W~NWK of Resurvey Tract 41;
E~fNE~ of Resurvey Tract 41;
S~ of Resurvey Tract 41;
RmsUrvey Tract 43, EXCEPTING ~HEREFROM the land contained in Warranty
Deed recorded March 10, 1958 in Book 26PR on page 321 of the records of
the Lincoln County Clerk.
Resurvey Tract 47, EXCEPTING T~EREFROM the land contained in Warranty
Deed recorded March 10, 1958 in.Book 26PR on page 321 of the records o~
the Lincoln County Clerk.