The URL can be used to link to this page

Home My WebLink About905541 RECEIVED-~I2/28/2004 at 4:12 PM RECEIVING # 905541 BOOK: 576 PAGE: 154 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY .\ l ORTGAGE 0!54 Executed this 25th day of April. 2000 by Robert Valentine and Amy Valentine of Fairview, Wyoming. h,:reinafter referred to as Mortgagor, to Kendall G. and Corrie H. Brou,eh..f Fairview, Wyoming, hereinafter referred to as the Mortgagee. Witnesseth, that in consider;tl ion of tile aggregate sum named in the Promissory Note of even date hercxx il h, hereinafter described, the Mortgagor hereby mortgages unto the 5l(,'le:~_,ce, the following described land situate in Lincoln County, Wyoming to xvit: See attached Exhil~i~ .', -Description for Kendall G. Brough and Corrie H. Brouut~. Parcel E-~ and attached Access Easement- Parcel Ii And the Mortgagor covena.~s and agrees to pay tile Mortgagee, the certain Promissory Note in the amoun! of fil'~.v-five thousand seven hundred twenty-three and 49/100 dollars ($55,723.49) of' cxcn date, attached hereto as Schedule B, and shall perform, comply with and al~itlc by the stipulations and conditions thereof and of this Mortgage. Mortgagor and x lm-tgagee agree that this Mortgage shall be subordinate to any easements granlcd by Mortgagor. And the Mortgagor hereby t'~r~her covenants and agrees as follows: To pay promptly, when d~c, tile principal, interest and other sums of mouey provided for in s,i~l Note and this Mortgage; to pay all and singular tile taxes, asscssuscnts, levies, liabilities, obligations and encumbrances of every .:~lure on said property. To pay all costs, charges ',~.d expenses, including attorney's fees and title searches, reasonabh' i.c~,'rcd or paid by tile Mortgagee becanse of the failnre of tile Morlgagor !,~ promptly and fully comply with, and abide by each and every stil)ulati~r~ and condition of said Note. That in the eveut the ,\l.,'~,.,agor fails to pay, when dne, auy tax, assessment or other su.~ ,,r money payable by virtue of said Note, the Mortgagee may pay Sal.,. ~ ithont waiving or affecting the option to foreclose, or any other ri.~:h~ hereunder, and all such payments shall be secured by this ~lortgaEc. :~nd shall bear interest from tile date thereof of seven and one half (7 'A" ,, ) interest. That if any sum of mo,~c~ herein referred to be not promptly paid within thirty (30) days after Iht ',:lnle becomes due, then the entire interest anti principal balance of said ",,}re shall become due and payable, at tile option of tile Mortgagee. That in tile event the I~r~,I~crty is sold under foreclosure and the proceeds are insufficient to pay thc I.tal indebtedness secnred hereby, tile Mortgagor binds himsclI' i~crsonally to pay the unpaid balauce and the Mortgagee will be enlillc,I ~o a deficiency judgment. Failure by the Mortgagee t~t exercise auy of the rights or options herein provided shall not constitute a ;~:~i~cr of any rights or optious uuder said Note of the Mortgage accrued or there:tRot In Witness Whereof, the 51~,r~agor has set its hand and seal the day and year first above written. Robert Valentine, Guarautor Am:~ ~n-[ine, Guarantor STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) On this ~3(/~ day of ApriI~ 2000, appeared Robert Valeutiue and Amy Valentine, husband and wife, who ~i~ned the foregoing instrument. Witness my hand and seal. MARIE BEHLING Notary Public - State of Wyomir',q Lincoln County, Wyoming Commission Expires, May 9, 2002 My commission expires: DESCRIPTION FOR KENDALL G. BROUGH A/qD CORRIE H. t~ROUGH PARCEL E-1 MORTGAGE TRACT Wyo. Re~sbmtion No. 1~ I~ Registrat~n No. ~o. Re~st~atm~ No. 53~ Suwey~ ~he~l. LTD. A~. ~oming Big P~ey, ~oming To-wit:-- That part of the S~ of Section i1.I, T31N, Rll9W, Lincoln County, Wyoming, being part of that t]:~ct of record in the Office of the Clerk of Lincoln County in fly,ok of Photostatic Records on page __, described as follow~: BEGINNING Nll°-14'-32"W, 273.79 Ieet from the southwest corner of the SE~ of said Section 14; thence Nll°-14'-32"W 1084 86 existing east/west fence line; feet, to a point Under an thence N89°-38'-35"E, 263.61 fe~ ! , along said fence line, to a point at a fence corner; thence N89°-40'-01"E, 788 . 91 line, to a point at a fence co~,:~'; along an existing fence thence S00°-12'-ll"W, 1065.10 f [ , along said fence line; thence S89°-38'-44"W, 837.24 f+:~..t , along a ~ine parallel with the south line of said SE~, to t t~e BEGINNING; ENCOMPASSING an area of 23.11 a<'~'+~s, more or less; TOGETHER WITH the right of .i~,~l-ess and egress and public utilities over, under and acros:, [he south thirty-two (32) feet of the SW~ of said Section 14, ]5'it]g and being situate easterly of the Bitter Creek County Roa~i I~o. 12-140, of record in said Office in Book 397 of Photostat~' Records on page 750; AND TOGETHER WITH a right of i~,!~ess and egress and public utilities over, under and acros~ ~ he land described in attached Exhibit "B" titled, "DESCRIPT]~,Ii FOR KENDALL G. BROUGH AND CORRIE H. BROUGH ACCESS EASEME~iT - PARCEL E", dated 30 June 1998; the BASE BEARING for this surve'/ is the north line of the NW~ of Section 14, T31N, RllgW, bei~: S89°-43'-00"W; each "corner" found as described ii~ that Corner Record filed in the Office of the Clerk of Linccli] County; each "point" marked by a 5/8" x ~I,~" steel reinforcing rod with a 2" aluminum cap inscribed, "SI~}{¥EYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate detai Is; all in accordance with the attacl~ed Exhibit titled, "EXHIBIT TO ACCOMPANY MORTGAGE DESCRIPTION F'~[~ KENDALL G. BROUGH AND CORRIE H. BROUGH OF A PORTION OF PARCFi], E-1 WITHIN THE S~ SECTION 14 T31N Rll9W LINCOLN COUN/~Y, WYOM]~ <J", dated 30 June 1998. ~0 June 1998 1/5: kenl4mor.des ~ "Modification in any way of the fb,~'~l~Sfiig d~:~,:;,':r !,ti,)iq terminates liability of the survev6r" Piney. Wyoming ~on, Wyoming DESCRIPTION FOR KENDALL G. BROUGH AND CORRIE H. BkOUGH ACCESS EASEMENT - PARCEL E EXHIBIT "B" To-wit:-- A strip of land thirty (30) fe~ in width within the S~ of Section 14, T31N, Rll9W, Lincoln '~>unty, Wyoming, described as follows: BEGINNING at the southeast corn~: 14; of the SWW of said Section thence Nll°-14'-32,,W, 1281.40 fe~l , to a point; thence N72°-41'-56,,E, 260.32 fe,~ , to a point at a fence corner; thence N89°-40'-01,'E, 30.00 feet l,~ a point; thence S00°-07'-12.E, 22.24 feet I,~ a point; thence S72°-41,-56,,W, 225.46 feet Lo a point; thence S30°-43 -42"W, 44.61 feet ~'~ a point; thence Sl1°-14 -32"E, 1148.72 fe~i Lo a point; thence S29°-37 -26"E, 91.71 feet ~o a point on the south line of the SE~ of said Section 14; thence S89°-38 -44"W, 60.00 feet i~ the CORNER OF BEGINNING; the BASE BEARING for this survey is the north line of the NWW of Section 14, T31N, RllgW, bein%~ t~{9°-43,-00,,W; each "corner" found as described i~ that Corner Record filed in the Office of the Clerk of Linco]~ County; each "point" marked by a 5/8" x ~!,~' steel reinforcing rod with a 2" aluminum cap inscribed, "S[!I:VEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate detaii~; all in accordance with the plat i~'epared to be filed in the Office of the Clerk of Linco~ i~ County titled, "PLAT TO ACCOMPANY PARCEL DIVISION APPLICA'!'I:)N FOR KENDALL G. BROUGH AND CORRIE H. BROUGH PARCEL E WITHIN THE S~ SECTION 14 T31N RllgW LINCOLN COUNTY, WYOMING dated . "~, 2'(~ Jt]D.e 1998 "Modification in any way of the foregoing descni:,tio¢~ terminates liability of the surveyor" 0 05541 See plat prepared by Surveyor Sc,, . ,itd, titled. 'PLAT l'O ACCObtPANY PARCEL D! '. -~'PL:(iA rlON FOR KENOAL G. BROUGH AND caR,,': ', t¢;:OUOH PARCEL E-1 WI~IN THE 51/2 5E~ ; ~4 T31N Rl19W LINCOLN COUNTY. WYOMING". dat~,: , ,L,r~ 1998. N89"38'35'E 263 ~x%___ S30'43'42"W Nsg'40'O1"E /88.91' E 22.24' Thirty (30) foot Access and Public Utility Easement .~.' I~. Pepsi E-I Yortgag~ T~wt, N11'14'32"W 273.79' from the southwest corner of the 5E1/4 of Section 14, T31N, RllgW Parce~ E-I Mortytz. ge Tract 23.11_+ S89'38'44W 837.24' 5. OOd: Acres 1 S.14 4 S.23 __ s2g'37'26"E 55.03' _$29'3T26"£ 36.68' S89'3,.:": ;",', 782.91' LEGEND 0 ' ~00 ' dO0 ' SCAL ~.' ./" = Bill Here ~q June lgg8 ~7 ,k~ly 1~9~ .o~ [] Indh.<d,.~ u Comer Record filed or to be filed In the Office o! the Cle~$; bi Lincoln County. Indlc;~t,.:~ a 5/8" x 24' ~te~ relnf~clng r~ ~1~ ~acr~J, "~R~YOR ~B~ L~ A~ WY P~ 5368', ~i~ opprul,r I~to d~tolie, net ~11 ~y. Indlc,~t~ (~ calculated point, no m~um~t f~nd ~dlcut~u un ~xlatlng f~ce I~e. ~dlcut.;~ on easement line. . . . ~dic~t~, (]pproxJmote honk of ~e Bo~ Beefing f~ thta ~u,,,oy I~ the n~ line of ~e NWl/4 of S~tl~ 14, ~IN, RllgW, belnq HXtf~IT TO ACCOMPANY MORTGAGE DES~ON FOR ~Ar.~'. G. iikO/)-gH AND CORRWf H. BROUGH O? A PORTION OF PARC~. B-1 S1/2 S~'~ON 14 T31N RlIgW