HomeMy WebLinkAbout901915 RECEIVED
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MORTGAGE ,_INCuLN COUNTY CLERK
KNOW ALL MEN BY THESE PRESENTS, 'that Stacey ,~i Irleingr,,pS¢---T¢mmy C. Heiner,
Trustees of the Stacey G. and Tammy C. Heiner Family :Tru~t_;;d¢~c,d March::15, 2004, herein
referred to as mortgagors, of 1255 LCR No. 120, Thayne, WY 83127, to secure the payment of
the principal sum of One Hundred Thirty-one Thousand Two Hundred Twenty Dollars
($131,220.00) 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 January
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 June 15, 2004, until paid, at the
rate of four percent (4%) per annum. Principal and interest shall be payable in
consecutive equal monthly installments of $1,500.00 on the 15th day of each
month, beginning July 15, 2004, and continuing on the 15th day of each month
thereafter until the entire remaining balance, including principal and any accrued
unpaid interest has been paid in full..
hereby mortgage to mortgagee, the following described real estate, situated in the County of
Lincoln, State of Wyoming:
A portion of the Maxine Heiner 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 S1/2SW1/4 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 Northeast corner of the Stacey and Tammy Heiner property, as
referred to in the Deed recorded in Book 441 PR, on Page 397, with said Office, said
Point of Beginning being 208.71 feet NI°00'00"E, along the East line of the
SW1/4SW1/4 of said Section 8, from the B.L.M. type Monument marking the Baker
Engineers PE/LS 698, 1989 location for the Northeast Corner of the NW1/4NW1/4
of Section17 of said T34N, R118W; thence N89°39'34"W, along the North line of
said property, parallel with the North line of said NW1/4NW1/4, 626.16 feet to the
Iron Pipe marking the Nodheast corner of the Daniel and Catherine Heiner properly,
as referred to in the Deed recorded in Book 543PR, on Page 514, with said Office;
thence NI°00'00"E, parallel with said East line of said SW1/4SW1/4, 208.71 feet to
an Aluminum Cap on Iron Pipe; thence N89°39'34"W, parallel with said North line,
247.06 feet to an Aluminum Cap on Iron Pipe; thence N0°41'14"E, parallel with the
West line of said S1/2SW1/4, 909.38 feet to an Aluminum Cap on Iron Pipe marking
a point in the North line of said S1/2SW1/4; thence S89°38'48"E, along said North
line, 1,385.03 feet to an Aluminum Cap on Iron Pipe; thence S1°18'46"W parallel
with the East line of said S1/2SW1/4, 909.18 feet to an Aluminum Cap on Iron Pipe;
thence N89°39'34"W, parallel with said North line of said NW1/4NW1/4, 293.16 feet
to an Aluminum Cap on Iron Pipe; thence SI°00'00"W, parallel with said East line of
said SW1/4SW1/4, 208.71 feet to the Iron Pipe marking the Northeast corner of the
Stacey and Tammy Heiner property, as referred to in the Deed recorded in Book
348PR, on Page 616, with said Office; thence N89°39'34"W, along the North line of
last said property, parallel with said North line, 208.72 feet to the. Point of Beginning,
containing 32.805 Acres of land.
TOGETHER WITH and SUBJECT TO: The Easement, as referred to in the
Easement for Ingress and Egress and Utilities, recorded in Book 552PR, on Page
826, with said Office.
TOGETHER WITH and SUBJECT TO: All Covenants, Easement, Restrictions,
Reservations, Rights-of-Way and Improvements of sight and or record.
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 interest
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 15th day of
July, 2004.
STATE OF WYOMING
Tammy C.(~einer, Trustee
SS.
COUNTY OF LINCOLN
On this c~ day of ~ ~.~1..~ , 2004, before me personally appeared Stacey G. Heine r
and Tammy C. Hein'er, to me~e~so~l)y known, who, being by me duly sworn and upon their oath,
did say that they are the Trustees of the Stacey G. and Tammy C. Heiner Family Trust dated March
15, 2004, described in and which executed the foregoing instrument; that said instrument was
signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the
written trust instrument to execute the instrument on behalf of the trust; and said trustees
acknowledged said instrument to be the free act and deed of said trust.
Given under my hand and notarial seal the day and year first above written in this certificate
My commission expires:
,. .... NOTARY"P'OI~L lC - -'
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