HomeMy WebLinkAbout901913 RECEIVED
· ' ._ r',.IO0Lf~l (:0UNTY CLERK
B¢i,~",~, ~' 6 '~._~R P '~,('.,~ 0 6 .['.' G MORTGAGE
KNOW ALL MEN BY THESE PRESENTS; that Daniel.:,G.. I~eip:~r:-;~[id athy A. He,her
husband and wife, herein referred to as mortgagors of 185 West 200 South, Vernal, UT 84078, to
secure the payment of the principal sum of Eight Thousand Dollars ($8,000.00) with interest as
evidenced by a Promissory Note dated of even date herewith to the order of Maxine Heiner,
Trustee of the Glenn W. Heiner Family Revocable Trust dated danuary 15, 1992, ("mortgagee") of
1277 Lost Creek Road, Thayne, WY 83127, principal and interest to be payable as follows:
With interest on the unpaid principal balance from May 10, 2004, until paid, at the
rate of four percent (4%) per annum. Principal and interest shall be payable in
consecutive equal monthly installments of $50.00 on the 10th day of each month,
beginning June 10, 2004, and continuing on the 10th day of each month thereafter
until June 10, 2009, when the entire remaining balance, including principal and any
accrued unpaid interest shall be paid in full.
hereby mortgage to mortgagee, the following described real estate, situated in the County of
Lincoln, State of Wyoming:
The Daniel G Heiner and Catherine Heiner property, as referred to in the Deed
recorded in Book 543PR, on Page 514 and a portion of the Glenn W. Heiner Trust
property, as referred to in the Affidavit recorded in Book 463PR, on Page 762, with
the Office of the Clerk of Lincoln County, Wyoming, within the SW1/4SW1/4 of
Section 8, T34N, R118W, of the 6th. P.M., Lincoln County, Wyoming, the metes and
bounds being more particularly described as follows:
BEGINNING at the Cotton Gin Spike marking a point in the South line of said
SW1/4SW1/4, being the Southeast corner of the Flud property, as referred to in the
Deed recorded in Book 475PR, on Page 656, with said Office, said Point of
Beginning, being 248.95 feet S89°39'34"E, along said South line, from the B.L.M.
type Monument marking the B.L.M. type Monument found marking Baker Engineers
PE/LS 698, 1971 location for the Southwest Corner of said SW1/4SW1/4; thence
N0°41'14"E, parallel with the West line of said SW1/4SW1/4, along the East line of
said Flud property and it's Northerly prolongation, 417.40 feet to an Aluminum Cap
on Iron Pipe; thence S89°39'34"E, parallel with said South line, 419.19 feet to an
Aluminum Cap on Iron Pipe; thence SI°00'00"W, parallel with the East line of said
SWI/4SWI/4, to and along the West line of the Stacy Glenn Heiner and Tammy
Clark Heiner property, as referred to in the Deed recorded in Book 441PR, on Page
397, with said Office, 417.42 feet to the Cotton Gin Spike marking a point in the
South line of said SW1/4SW1/4, being the Southwest corner of said Stacy Glenn
Heiner and Tammy Clark Heiner property; thence N89°39'34"W, along said South
line, 416.91 feet, to the Point of Beginning, containing 4.006 Acres of land.
SUBJECT TO: A 30-feet wide Right-of-Way Easement, along the South portion of
the above described Parcel, for Lost Creek County Road 12-120 as referred to in the
Right-of-Way Easement, recorded in Book 169PR, on Page 414, with said Office.
TOGETHER WITH and SUBJECT TO: All Covenants, Easement,
Reservations, Rights-of-Way and Improvements of sight and or record.
Restrictions,
Including any and all improvements thereon, together with the tenements, hereditaments,
and appurtenances thereto belonging, and the rents, issues and profits thereof.
Mortgagors must give mortgagee thirty (30) days written notice prior to any conveyance or
encumbrance of any interest in said property. If all or any part of said property or an ~nterest
therein is conveyed or encumbered by mortgagor without mortgagee's prior written consent, the
mortgagee may, at mortgagee's option, declare all the sums secured by this mortgage to be
immediately due and payable.
Mortgagors also agree to pay all taxes and assessments on said premises, including any
assessments that may be levied on water rights or shares of stock used in connection therewith, or
held as collateral with the above note; also any tax that may be assessed by reason of this
mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the
commencement of any legal proceedings for foreclosure of the same, and said attorney's fees shall
be added to the amount due on this mortgage, and made a lien on the premises described herein.
In case of default in the payment of any sum covenanted to be paid, either the principal or
interest when the same shall become due and payable, or in case of default in the performance of
any covenant herein contained, the whole amount of this indebtedness secured herein may be
immediately declared due and payable, and to bear interest as provided in the instrument
evidencing the debt secured by this mortgage, and this mortgage foreclosed at the option of the
legal holder. In the event of default, mortgagors grant to mortgagee a Power of Sale to foreclose
on and sell said property at public auction pursuant to W.S. 34-4-101 et seq.
IN WITNESS WHEREOF, mortgagors have executed this Mortgage as of the 10th day of
May, 2004.
Daniel G. Heiner
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing Mortgage was acknowledged before me by Daniel G. Heiner and Cathy A.
Heiner, husband and wife, this I I day of May;, 2004.
Witness my hand and official seal.
My commission expires:,
NOTARY PUBLIC