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RECEIVED
_ll',.]60Lr'r~ C0LINTY cLERK
MORTGAGE
CHART,B$ KLRENAN, O~ P.O. BOX 2213, AF~oN~ N~' 831Z0, {~eCen collectively
called "MORTGAGOR"), to secure the payment of O~g
DO~ARB (8175,000.00), with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is the ~day
of ~, ~¢n~) and all renewals, modification and extensions thereof, do hereby ~ortgage
unto~Y' PEAVLER ~D DI~N PEAVLER of P.O. BOX 203, AFTON WY 83110 (herein
called "MORIGAGEE"), the following described real property, situate in the County of Lincoln,
Stat8 of W~oming, hereby releasing and waving all rights under and by vi~u~ of th~
homestead exemption laws of the State of Wyoming, to-wit:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION.
MORTGAGOR agrees to pay the indebtedness hereby ~ecured; to pay all taxes,
assessments and charges levied against the Property, as the same become due and payable;
to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurance
carrier or carriers acceptable to MORTGAGEE, covering the insurance improvements on the
Property against loss by fire and earthquakes, with extended coverage, in an amount not less
than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost)
of such improvements whichever is less, which insurance shall contain an appropriate loss
payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may
appear from time to time. In the event MORTGAGOR fails to pay such taxes or assessments,
or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such
taxes and assessments and may secure and pay for such insurance, and all sums so paid shall
be added to and considered a part of the indebtedness hereby secured and shall draw interest
at the same rate.
In case default shall be made in the payment of the above sums hereby secured, or in
the payment of the interest thereon, or any part of such principal or interest, when the same
shall become due; or in case of default shall be made in any of the covenants and agreements
thereof, or in the event MORTGAGOR sells or conveys the Property, or any part thereof, or
any interest therein, without the prior written consent of the MORTGAGEE first had and
obtained, then the whole indebtedness hereby secured, with interest thereon, shall become
due and payable, atthe option of MORTGAGEE, and MORTGAGEE'S legal representatives and
assigns, may proceed by advertisement and sale/or as otherwise authorized by governing law,
to foreclose on and sell the Property, and out of the proceeds of su6h sale, MORTGAGEE shall
pay all sums due hereunder, together with all costs of sale including reasonable attorney's
fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby
secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder,
MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment of the
Property, and to all rents, issues and profits from the accruing of any such rights and during
the pendency of the foreclosure proceedings, and the period of redemption, if any there be.
MORTGAGOR warrants title to the Property as to parties claiming, by through or under
the MORTGAGOR only.
Witness our hands this
, 20(../0.3, ,,/~.~~~/_ Cl~arl;~man
State of Wyoming )
)ss
County of Lincoln ) ( ....
The f})re~joing instrument was acknowledged before me by Charles Kleeman this /~--~- day
of ..=~.¢.(.~./_ . ,2003.
cial seal.
My Commission Expires: ./~//-¢/O~
· t. // / ' Notary Public
LEGAL DESCRIPTION
FOR TRACT 2
PEAVLER FAMILY EXEMPTION
A Tract of land located in the SE1/4NE1/4, Section 29, T32N, R119W, 6'~ PM, Lincoln County,
Wyoming; being more parficuJarly described as follows:
Beginning at the Northwest comer of Said SE1/4NEI/4, where is found a BLM-type brass cap
set and inscribed by PE & LS 698;
Thence N89°56'39"E, 692.12 feet along the North line of Said SEI/4NE1/4 to a point;
Thence S0°30'34"E, 734.32 feet to a point on the centerline of an existing road, which
lies on a horizontal circular curve northwesterly, having a radius of 200.00 feet, a central
angle of 33°54'44", and a radial bearing to the radius of N21 °52'06'E:
Thence along Said curve and centerline for an arc distance of 118.38 feel to a point of
tangent;
Thence continuing along Said centerlinc through the following courses and distances;
N34°13' 10'W~, 67.48 feet to a point of horizontal circular curve northwesterly
having a radius of 125.00 feet, and a central angle of 60°50'55'' and a radial
" bearing to the- radiU~ of S55°46'50"W;
Thence along Said curve for an arc distance of 132.75 feet to a point;
Thence S84°55'55"W, 19g.52 feet to a point of horizontal circular curve
northwesterly having a radius of 150.00 feet, a central angle of 54°25'34" and a
radial bearing to the radius of N05°04'05"W;
Thence along said curve for an arc distance of 142.49 feet to a point;
Thence N40°38'31"E, 85.71. feet to a poinl of horizontal circular curvo
northwesterly, having a Iadj us of 250.00 feet, a central angle of 21°44'54', and a
tad/al bearing to lhe radius ofS49°21 '29"W;
Thence along Said curve for an axc distance of 94.89 fe~t to a point on the West
Dine of Sgid SE1/4NE1/4;
]'hence depoxfing Said centerline N0°08'I I"W, 392.55 feet along Said West line to the
Point of Beginning.
Said Tract cbntains 8.93 acres, more or less, and is subject to any easements, fights-of-way,
reservations or restrictiOns of sight and/or of record.
Said Tract is also subject Io a 30.00-foot w/de access and utility easement northerly and parallel
to Said road centerlJne.
The Basis of Bearing is Geodetic North.
Michael L. Minear
Wyoming PLS 4269
Nelson Engineering
Project No. 02,197-1
June 24, 2003