HomeMy WebLinkAbout901070BOOK
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State of Wyoming
Space Above This Line For Recording Data
MORTGAGE
(With Future Advance Clause)
DATE AND PARTIES. The date of this Mortgage (Security Instrument) is P.Z'.I.3.'.200~ ............................. and die
parties, their addresses and tax identification numbers, if required, are as l-ollows:
MORTGAGOR: ROBERT L. BARLOW
P.O. BOX 3065
ALPINE, WY 83128
[] If checked, refer to the attached Addendmn incorporated hereiu, for additional
acknowledgments.
LENDER:
BANK OF JACKSON HOLE
ORGANIZED ANDE'×ISTING UNDER THE LAWS OF THE STATE OF WYOMING
990 W. BROADWAY
P.O. BOX 7000 JACKSON, WY 83002
Mortgagors, their signatures and
CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure
the Secured Debt (defined below) and Mortgagor's perfomtance under this Security lnstrmnent, Mortgagor grants, bargains,
conveys, mortgages a/rd warrants to Lender, with power of sale, the following described property: SEE EXHIBII 'A' AN[3 'B' ATTACHED.
The property is located in ............................... .LJ~.q0. LN. ............................... at .8~! .S.T..E.W&R.! .C. KE.EK B.D. ........................
(Coumy)
....................................................................................... .[3~l.a. ........................ Wyoming ......... a.~. ! J~. ........
(Address) (City) (ZIP Code)
Together with all rights, easemems, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights,
ditches, and water stock and all existing and future hnprovemems, structures, fixtures, and replacements that may now, or at
any thne in the future, be part of the real estate described above (all referred to as "Property").
MAXIMUM OBLIGATION LIMIT. The total principal mnoum secured by this Security Instrument at any one thne shall not
exceed $ .3.0.o,.qo.0:Q.0 .......................................... This limitation of amount doe~ not include interest and other fees and
charges validly made pursuant to this Security Instrmnent. Also, this limitation does not apply to advances made under the
terms of this Security Instrmnent to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
SECURED DEBT AND FUTURE ADVANCES. The tem~ "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evide~me of debt described
below and all their extensmns, renewals, modifications or substitutions. (When referencing the debts below it is
suggested that you include items such as borrowers' names, note anmunts, tmerest rates, maturfly dates, etc.)
PROMISSORY NOTE DATED 7-13-2004 IN THE AMOUNT OF $300,000.00
WYOMING-MORTGAGE (NOTFORFNMA FHLMC. FHAORVAUSE) {/aag~..~)
(~)1994 Bankers Syslems. Ina., St Cloud, MN 11 800-397-2341) Form RE-MTG-WY 1111B/94 _~ -
01"
All 'futdre advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
noteye0ntract guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
Instrumem whether or not this Security Instrument is specifically referenced. If more than one person sig~s ibis Security
Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations
that are given to or incurred by any one or more Mortgagor, or auy one or more Mortgagor and others All future
advances and other future obligations are secured by this Security lns~runwnt even though all or part may not yet be
advanced. All future advances and other future obligations are secured as il' made on the date of this Security Instrument.
Nothing in this Security Instrument shall constitute a conanitment to make additional or future loans or advances in any
amount. Any such conmfitment must be agreed to in a separate writing.
All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not
limited to, liabilities for overdrafts relating to any deposit account agreentent between Mortgagor and Lender.
All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced and expenses incurred by Lender under the terms of Ihis Security
Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of resctssion.
PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security Instrument.
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.
B To promptly deliver to Lender any notices that Mortgagor receives from Ibc holder.
C Not to allow any modification or extenskm of, nor to request any future advances under any note or agreement secnred
by the lien document without I.ender's prior written consent.
CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assesstneuts, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. Lender ntay require Mortgagor to provide to Lender copies of all
notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend lille to the
Property against any clahns 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 [o
maintain or improve the Property.
>DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire biilancd of the Secured Debt to be
hmnediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the
Property. This right is subject to the restrictions hnposed by federal law (12 C.F.R 591), as applicable This covenant shall
run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security htstrument is released.
PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and
make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, hnpainnent, or deterioration, of
the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the
occupancy aml use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change
tn any license, restrictive covenant or easement without Lender's prior written consent Mortgagor will notit}, Lender of all
demands, proceedings, claims and actions against Mortgagor, and of any loss oi damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable thne for the purpose of inspecting the
Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
). AUTHORITY TO 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 perforated. Mortgagor appoints Lender as attorney iii
tact to sign Mortgagor's name or pay any amount necessary for perfomtance Lender's right to perform for Mortgagor shall
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 Instrmnent. If any construction on the Property is discontinued or not carried on m a
reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, inclmling
completion of the construction.
ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys, mortgages and warrants to
Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, 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") and rents, issues and profits (all
referred [o as "Rents"). 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 uot iii default under the terms of this Security
Instrume ut.
Mortgagor agrees tha this assignment is h~m~ediately effective between the parties to this Security Instrmnem. Mortgagor
agrees that this assigmnem is effective as to third parties when Lender takes affimm~ive action prescribed by law, and that this
assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that
Lender may take actual possession of the 'property without the necessity of commencing legal action and that actual possessiou
is deemed to occur when Lender, or its agent, notifies Mortgagor of 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 mnounts collected will be applied as provided in this Security Instrmnent. 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.
(~)1994 Bankers Systems, Inc., St. Cloud MN {~-800-397 2341) Form RE-MTG-WY 11118194
1g. LEASEHOLDS; CONDOJMINI~8~~J~I.I'IT.;0~JI~VE~.OPMENTS. Mortgagor agrees to comply with the
provisions Of any lease if ~his Se~~~ailehold~ If the Property includes a unit in a condominium or a
planned unit developnlent~' ,.?gagor~ duties under the covenants, by-laws, or regulations of
the condominium or planne~nnit de~l~~.pTg
13. DEFAULT. Mortgagor will be ii 'aafi uii i~"~{ny party obligated on the Secured Debt Pails to make payment when due.
Mortgagor will be in default it' a breach occurs under the terms of this Security Iustrmnent or any other'docmnent executed for
the purpose of creating, securing or guarnntying the Secured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or entity obligated on the Secured Debt or that the.prospect of any payment or the value of
the Property is impaired shall also constitute an event of default.
14. REMEDII?.S ON DEFAULT. In some instances, .federal and state law will require Lender to provide Mortgagor with notice
of the right to cure or other notices and may establish thne schedules for foreclosure actions, Subject to these limitations, it'
any, Lender may accelerate the Secured Debt and tbreclose this Security Instrument in a manner provided by law if Mortgagor
is in default.
At the option of Lender, all or any part 9f the agreed fees and charges, accrued interest and principal shall become immediately
due and payable, after giving notice il' '?equired by' law, upon the occurrence ora default or anythne thereafter. In addition,
Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any
related documents including, without limitation, the power to sell the Property. All remedies are distinct, cunmlative 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 Debt after the balance is due or is accelerated
or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing
default. By not exercising any remedy on Mortgagor's default, Lender does nt)t waive Lender's right to later consider the event
a default it' it continues or happens again.
15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited
by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument.
Mortgagor will also pay on demand, any anmunt incurred by Lender for insuring, inspecting, preserving or otherwise
protecting the Property and Lender's security, interest. These expenses will bear interest from the date of the payment until paid
in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amount may inclnde, but is not limited to, reasonable attorneys' fees, corot costs, and other legal expenses. This amount
does not include attorneys' fees for a salaried employee of the Lender. This Security Instrument shall remain in effect until
released. Mortgagor agrees to pay for any recordation costs of such release.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means,
without limitation, the Comprehensive Envirmanental Response, Colnpensation and Liability Act (CERCLA, 42 U.S.C. 9601
et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
interpretive letters concerning the public health, safety, welfare, enviromnent 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 enviromnent. The term
includes, without 'limitation, ari~ substances defined as "hazardous material,' toxic sUbstanCes,'. "hazardous waste" or
"hazardous 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 is or will 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 mainlemmce of the Property.
B. Except ,as previously disclosed and.acknowledged in Writing to Lender, Mortgagor and every tenant have been, are, and
shall're~ain in full compliance with any applicable Enviro~m~ental Law.
C. Mortgagor shall 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 Environmcmal Law concerning the Property. In such an event,
Mortgagor shall take all necessary remedial action in accordance with any Euviromnental Law.
D. Mortgagor shall 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 tl~reatened release of any Hazardous Substance or
the violation of any Environmental Law.
17. 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 condenmation, eniment domain, or any other means. Mortgagor
authorizes Lender to interVene in Mortgagor's nmne 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 shall 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 lien document.
18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval,
which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at
Letter's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrmnent.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where
applicable, "loss payee clause." Mortgagor shall flnmediately notify Lender of cancellation or ternfination of the insurance.
Lender shall have 'the right to hold the policies and renewals. If Lender requires, Morlgagor shall innnediately give to Lender
all receipts of paid premiums and renewal notices. Up°n loss, Mortgagor shall give ilnmediate notice to the insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the reit0ration or repair of the Property or to the
Secuked Debt, whether or not then due, at Lender's option. Any application of proceeds to priUCipal shall not extend or
(~199¢ Bankers Systems, Inc., St. Cloud, MN 1 800-397-2341) Form RE MTG-WY 11/18/94
19.
', ',019
postpone the due date of the scheduled payment nor change the vanount of any payment. Any excess will be paid to the
Mortgagor. ff the Property is acquired by Lender, Mortgager's right to any insurance policies and proceeds resulting from
dmnage to the Property before the acquisition shall pass to Lender to the eXlent of the Secured Debt hmnediately before the
acquisition
ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow. '
FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any
financial statement or information Lender may deem reasonably necessary'. 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 Lender's lien status on the Property.
JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; 'SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security Instrument are joint and individual. If Mortgagor signs this Security lnstrmnent but does not sign an evidence of debt,
Mortgagor. does so oxfly to mortgage .Mortgager's interest in the Prop{:rty to secure payment of the Secured Debt and
Mortgagor does not agree to be persona~lly liable on the Secured Debt. If this Security Instrmnent 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 lhnited to, arty
anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, morillO,
or make any change in the terms of this Security Instrmnent or any evidence of debt without Mortgager's consent. Such a
change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security
Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender.
APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is locatedl This Security Instrument is complete and fully integrated. This Security [nstrument may not be amended or
modified by oral agreement. Any .section in this Security Instrument, attaclmients, et' any agreement related to the Secured
Debt that conflicts with. applicable law will not be effective, unless that law expressly or hnpliedly permits the variations by
written agreement. If any section of this Security Instrument cannot be enforced according to its terms, thai section will be
severed and will not affect the enforceability of the remainder of this Security Instrmnent. Whenever used, the singular shall
include the'-'tSlural and the plural the singular. The captions and headiugs of tl~e sections of this Security Instrument are for
convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of lhe essence in
this Security instrument
NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to
the appropriate party's address on page 1 of this Security Instrmnent, or to auy other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
WAIVERS, Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and assets
and all homestead exemption rights relating to the Property.
OTIt'F.R TERMS. If checked, the following are applicable to riffs Security Iustrumenl:
[] Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt nlay be
reduced to a zero balance, this Security Instrument will remain in effect until released
[] Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on
the Property.
[] Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that' are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uuifom~
Commermal Code.
[] Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and
mnend the tertns of this Security Instrument. [Check all applicable boxes]
[] Condominium Rider [] Planned Unit Development Rider [] Other
[] Additional Terms. ' ......................................................
[GNATURES: By signing below, Mortgagor agrees to the terms and covenams contained in this Security Instrument and tn any
Iachrnents. Mortgagor also a~knowledges receipt of a copy of this Security Instrument on the date stated on page 1.
; .....................
CKNOWLEDGMENT:
:lividual)
STATE OF WYOMING COUNTY OF
............................................ ' ................................................. } SS
This instrument was acknowledged before me this ........ 1.3..1.H ....... day of JULY, 2004
by .R.q~.EB.!.L. BARLOW
My conmfission expires: t>~ .o7.. %o~--~ {, '
(Seal) -- ~-~-'"_ - ~/. (t } __
' [ ~ .... .'.~ .....~ .... { (N lazy Public)
] County of ~tj~ State of
(page 4 of 4)
0 )01070
0o0
DEscRIPTION FOR ~_.~xlI~IT "A"
PERI/¥ G. CLARK AND IlARilAp. A
STEWART CREgK TRACTS, TRACt ~ . AhtENDKD '
BEGINNING at Ulc ht~oo~on of ~ W~l ~n~ 0f {Ud Nf~W~ Wi~ ~c we,t- '
Cxl~aioa of ~c l~c u~un to
Ih~c%~t R~9='084 ~d :~d'-48"E'~ct 2,6110 feat, alnn~ ~d
t'hcncc continuing $~"0~'~8"E, ~09~6 feat, along t~d C~on {in~ to I ~ou~s~l
point of ~aid Tf~I 4 on iht ~ouih r~tl-of- ..... ,; ........ ~ . .
mOu~crty ~ghl-of-way {~,
~Cncc NO0%~'-I3,.W. 661.13. ~ a~d We~ linc, ~ Iha PO~ O~ B~GIN~G;
TOGHq~R M~ m ri~t of ~ .
·ach "comer" fora u ~0$cdbcd M ~$ ~ R<ord fliod of t0 bo fil~ in tho Offic~ of
tho Clclk Of LMc~ County;
a~eh "po{nd' .nd "~tu · ,,
ai'PmPn~o d.fib: ' rUIUR
BESCRYPTioN FOR "EY~IIBIT
EI.L1S ROAD
To-w/t:
Thai part of the Sb21AN.W¼ ~md'that peri of th. NE¼SW¼ of Sech on 23, T36N. R II 9W,
Lincoln County~ Wyoming, it being the h~tent to amend and nlore correctly fl~scribe Ellis
Road of th. St~w~l Creek Tra~t~ ~ ~aid Ellis Road ia depicted on m~ unfilcd plat titled
"PROPERTy P~T STEW~T C~EK ~CTS", deled July-August 1973
prepm'~d by Ivan L. Call, P~LS 274, and dc*oribod Jn that deed of record in the Office of
thc Clm'k of Lincoln County in Book I18 °fPhomotatic Records on p age 14, as follow;:
BEGINNING al the ~outhwo~l pqint of'Freer 3 of ~aid Stewm Creek Tracts;
thence N00o. 12,..Bi,,W, 1575.88 feet, along the West line of said Tract 3 and the west line
of Tract I ofsaid Stewart Crack Tracta, lo the ohginal nO~wr$t rebec of said Tract I;
thence
Tracts~48"-34'-~''W, 79.76 feet, to thc nonhoaat point of Tra~t 2 of said St~w.d Cc;ok
thence 800o_12,~31,,E, 1400.26 feet, along ~c e~t line of said ~ac[ 2 and the cant line
Tract 4 of said Stewa~ Creek Tracts, to a point;
thence S44~.48,.04,,W, 169.36 f~et, along a aouthcaaterly line of said Dact 4 to a point
rite north line of Tract 6 of said Stewart Crock Tracts;
thence S89%08L48,,E' 59.94 feet, along ~c no~h lind orsajd Trac~ 6, to thc point common
to enid Tract 6 and Tract 5 orsaid gtewm Creek'Traetsl
·cnce continuing,
POINT S890~08'-48,,E, 119.87 feet, along ~le north line of said Tract 5, to the
the BASE B~G for thi, suing7 IS the east linc of tl~c SW~ o{ Section 23, TJ6N,
RI 19W, being N00~_00,.00,,E;
"point" m~ke(l by a 5/8" '-
Inset bed "S~VEYOR x 24" steel reinforcing coo with a 2" aluminum cap
dcuils; SCH~EL LTD ~TON ~ PLS 5368", with appropriate
each "r~h~' m~ked by W' steer reinforcing rod or a 5/8" ~teel reinforcing rod;
all ia accordance witll file
Comdy titled, "PE~y ~p-- pr~ to be filed ~ the
u. CLUny ~ .... ~,nee ~Qthe Clerk of Lincoln
C~EK T~S . ~E~E.~, m~u g&~ CL~ ~LAT OF STEW~T
T36N I WITH~ THE
L]NCOLN