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RECEIVED
~ {~ ~ PA P.',(;F. Oed"~ ;~ MORTGAGEII~''' "~L,., L f,'~l COUNTY CLERK
KNOW ALL MEN BY THESE PRESENTS,' that aas'o~, E:J~olfley[an~Yracy H. Wolfley
husband and wife, herein referred to as moflgagors, of 2458 Thayne BedfoedRoad, Thayno, WY
83127, to secure the payment of the principal sum of Fifty-two Thousand Six Hundred and no/100
Dollars ($52,600.00) 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, ("moflgagee") of ~277 Lost Greek 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 five percent (5%) per annum. Principal and interest shall be payable in
consecutive equal monthly installments of $557.90 on the 10th day of each month,
beginning June 10, 2004, and continuing on the 10th day of each month thereafter
until June 10, 2014, 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:
A portion of the Glenn W. Heiner Trust property, as referred to in the Affidavit
recorded in Book 463PR, on Page 762, within the SE1/4SW1/4 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 B.L.M. type Monument marking the Lloyd B. Baker PE/LS 698,
1978 location for the Northwest Corner of the SW1/4SE1/4 of said Section 8; thence
S1°18'46"W, along the West line of said SW1/4SE1/4, 486.46 feet to the Iron Pipe
marking the Northeast corner of the Todd Glenn Heiner and Allison M. Heiner
property, as referred to in the Deed recorded in Book 352PR, on Page 140, with said
Office;
thence N89°39'34"W, parallel with the South line of said SE1/4SW1/4, along the
North line of said Heiner property, 261.37 feet to the Iron Pipe marking the
Northwest corner of said Heiner property;
thence S1°18'46"W, parallel with said East line, along the West line of said Heiner
property and extending along the West line of the Speth property, as referred to in
the Deed recorded in Book 504PR, on Page 103, with said Office, 422.55 feet to an
Aluminum Cap on Iron Pipe;
thence N89°39'34"W, parallel with said South line, 531.05 feet to an Aluminum Cap
on Iron Pipe;
thence N1°18'46"E, parallel with said West line, 909.18 feet to an Aluminum Cap on
Iron Pipe marking a point in the South line of the NEI/4SWI/4 of said Section 8;
thence S89°38'48"E, along said South line, 792.42 feet, to the Point of Beginning,
containing 14.000 Acres of land
TOGETHER WITH and SUBJECT TO: The Easement for Ingress, Egress, and All
Utilities as referred to in the Instrument recorded in Book 522PR, on Page 826, with
said Office.
TOGETHER WITH and SUBJECT TO: All Covenants, Easements, 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 'n 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 morzgage 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 §34-4-101 et seq., Wyo. Stat., 1977 or its
successor.
IN WITNESS WHEREOF, mortgagors have executed this Mortgage as of the 10th day of
May, 2004.
2
Wolfley \ u
STATE OF WYOMING
· SS.
COUNTY OF LINCOLN
The foregoing Mortgage was acknowledged before me by Jason E. Wolfley and Tracy H.
Wolfley, husband and wife, this _3 ./ day of May, 2004.
Witness my hand and official seal.
My commission expires:
NOTARY PUBLIC