HomeMy WebLinkAbout906608 RECEIVED 2/22/2005 at 11:17 AM U ~"~ z~
RECEIVING # 906608 ~-- 0 ~ O
BOOK: 579 PAGE: 334
JEANNE WAGNER MORTGAGE
LINCOLN COUNTY CLERK, KEMMERER, WY
KNOW ALL MEN BY' THESE PRESENTS, that JIM W. STOKER ,a single
person, ("mortgagor") of Box 820, Thayne, Wyoming 83127 to secure the payment of
twenty three thousand dollars ($23,000.00) as evidenced by a Promissory Note dated
of even date herewith to the order of Bowers Law Office P.C., John D. Bowers
President ("mortgagee")of P.O. Box 1550 Afton, Wyoming 83110, to be paid as follows:
1. This Mortgage and Note of even date are to secure present and future
advances to Jim W. Stoker by Bowers Law Office P. C. said advances are for the
services of Bowers Law Office P, C. in providing legal representation to Jim W. Stoker in
a civil matters filed in the District Court for and in the state of Wyoming.
2. The Mortgagor agrees that this mortgage covers all past and future advances
made by Bowers Law Office P.C. in the form of services and expenses related to the
above stated case until its completion for the amounts set forth herein.
3. The Mortgagor agrees and promise that all future advances in the form of
services and expenses are secured by this mortgage even though all or part may not
yet be advanced. They further agree that all future advances and other future
obligations are secured as if made on the date of this Security Instrument.
4. The Mortgagor agrees to make all payments as they are billed by Bowers
Law Office P.C. within 15 days after they are billed for the previous months services
unless agreed on by the parties. The full amount for services shaft be paid in full by
Jim W. Stoker, unless agreed on in writing by the parties.
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afton, Wyoming 83110
Page I of 8 ~...x."
$. Mortgagor may prepay the principal amount outstanding in whole or in part at
any time without penalty.
The Mortgagor, (undersigned) hereby mortgages to mortgagee, the following
described real estate, situated in the County of Lincoln, State of Wyoming:
SEE A TTA CHED "EXHIBIT A" A TTA CHED HERETO AND
MADE PART OF THIS DOCUMENT BY REFERENCE AND
INCORPORATION AS IF FULLY SET FORTH HEREIN.
Including afl buildings and improvements thereon or that may hereafter be
erected thereon; together with hereditaments and appurtenances and all other rights
thereunto belonging, or in anywise now or hereafter appertaining, and the reversion and
reversions, remainder and remainders, rents, issues, and profits thereof, and all
plumbing,' heating, and lighting fixtures and equipment now or hereafter attached to or
used in connection with the premises.
The parties agree that the above referenced description refers to the real
property owned by the Mortgagor, commonly known as the property in Thayne in the
Town of Thayne, County of Lincoln State of Wyoming. If there are any inconsistencies
in the above stated description the parties agree to execute a new mortgage to correct
said inconsistency, however, this instrument shall still be a valid security instrument.
Mortgagor hereby relinquishes and waives all rights under and by virtue of the
homestead laws of the State of Wyoming and covenants that it is lawfully seized of the
premises, that they are free from all encumbrances and hereby covenants to warrant
and defend the title of the premises against the lawful claims of afl persons
whomsoever.
And mortgagor covenants with mortgagee as follows:
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afton, Wyoming 83110 Page 2 of 8 ,~.,~,.-'
1. In case of default in any of the payments stipulated in the note, mortgagor, as
further security for this mortgage and the note secured thereby, hereby assigns, sets
over, and conveys to mortgagee afl rents, issues, and profits from the property.
2. To pay promptly, when due, the principal and interest and other sums of
money provided for in said Note and this Mortgage, or either; to pay afl and singular the
taxes, assessments, levies, fiabilities, obligations, and encumbrances of every nature
on said property.
3. To perform, comply with and abide by each and every the agreements,
stipulations, conditions, and covenants, set forth in said Note and this Mortgage or
either.
4. Failure by the mortgage to exercise any of the rights or options herein
provided shaft not constitute a waiver of any rights or options under said Note or the
Mortgage accrued or thereafter accruing.
5. Nothing shaft be done on or in connection with the property that may impair
mortgagee's security hereunder; mortgagor will commit, permit of suffer no waste,
impairment or deterioration of the property nor any part thereof, and the property shaft
be continuously maintained in good and sightly order repair, and condition by mortga~.lor
at his expense.
6. Mortgagor and mortgagee agree that there are no insurable improvements on
the property. Therefore, mortgagor is not required to carry insurance on the premises.
7. In case mortFtagor defaults in the payment of ground rents, if any,
taxes, assessments, water or other governmental or municipal charges, or other lawful
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afion, Wyonting 83110 Page 3 of 8 ..,..x."
charges as herein provided, mortgagee may without notice or demand pay the same
and in case of any failure on the part of mortgagor to comply with the covenants of
Paragraph 5 hereof, mortgagee may effect such repairs as it may reasonable deem
necessary to protect the property, at the expense of mortgagor. Mortgagor shaft repay
such sums so paid and afl expenses so incurred by mortgagee, with interest thereon
from the date of payment, at eighteen percent (18%) per annum, and the same shaft be
a lien on the premises and be secured by the note and by these presents; in default of
making such repayments the whole amount hereby secured if not then due shall, if
mortgagee so elects, become due and payable forthwith, anything herein contained to
the contrary notwithstanding.
8. In the event the property is sold under foreclosure and the proceeds are
insufficient to pay the total indebtedness secured hereby, mortgagor binds itself
personally to pay the unpaid balance, and mortgagee will be entitled to a deficiency
judgment.
9. In case default is made in the payment, when due, of the indebtedness
hereby secured, or of any installment thereof or any part thereof, or in case of breach of
any covenant or agreement herein contained, the whole of the then indebtedness
secured hereby, inclusive of principal, interest, arrearages, ground rents, if any, taxes,
assessments, water charges, expenditures for repairs or maintenance, together with all
other sums payable pursuant to the provisions hereof, shaft become immediately due
and payable, at the option of mortgagee, although the period above limited for the
payment thereof may note have expired, anything herein before or in the note
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afion, Wyoming 83110 Page 4 of 8
contained to the contrary notwithstanding; any failure to exercise such option shall not
constitute a waiver of the right to exercise the same at any other time; and it shall be
lawful for mortgagee to proceed to enforce the provisions of this mortgage either by suit
at law or in equity, as it may elect, or to foreclose this mortgage by advertisement and
sale of the premises, at public auction for cash, according to Wyoming Statutes
governing mortgage foreclosures, and cause to be executed and delivered to the
purchaser or purchasers at any such sale a good and sufficient deed or deeds of
conveyance of the property so sold, and to apply the net proceeds arising from such
sale first to the payment of the costs and expenses of such foreclosure and sale,
including reasonable attorney fee, and in payment of all money expended or advanced
by mortgagee pursuant to the provisions of Paragraph 7 hereof, and then to the
payment of the balance due on account of the principal indebtedness secured hereby,
together with interest thereon and the surplus if any, shall be paid by mortgagee on
demand to mortgagor. In case mortgagee fails promptly to foreclose on the happening
of any default, it shaft not thereby be prejudiced in its right to foreclosure at any time
thereafter during which such default continues, and shall not be prejudiced in its
foreclosure rights in case of further default.
10. In case of any default Whereby the right of foreclosure occurs hereunder,
mortgagee shall at once become entitled to exclusive possession, use, and enjoyment
of all property, ad to all rents, issues, and profits thereof, from the accruing of such fight
and during the pendency of foreclosure proceedings and the period of redemption, if
there is any; and such possession, rents, issues, and profits shall at once be delivered
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afton, Wyoming 83110 Page 5 of 8 ....'"'
to mortgagee on request, and on refusal, the defivery of such possession, rents, issues,
and profits may be enforced by mortgagee by any appropriate civil suit or proceeding,
including action or actions in ejectment, or forceable entry, or unlawful detainer; and
mortgagee shall be entitled to a receiver for the property and all rents, issues, and
profits thereof, after any such default, including the time covered by foreclosure
proceedings and the period of redemption, if there is any, and shall be entitled thereto
as a matter of right without regard to the solvency or insolvency of mortgagor or the
then owner of the property, and without regard to the value of the property of the
sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and
expenses, and such receiver may be appointed by any court of competent jurisdiction
on ex parte appfication and without notice (notice being hereby expressly waiver, and
the appointment of any such receiver on any such appfication without notice being
hereby consented to by mortgagor on mortgagor's own behalf), and afl rents, issues,
profits, income, and revenue of the property shaft be applied by such receiver,
according to law and the orders and directions of the court.
11. Mortgagor may not convey or transfer any interest in or encumber the
described premises without the prior written consent of the mortgagee. Mortgagor must
give mortgagee written notice of mortgagor's intent to convey or transfer any interest in
or to encumber the described premises at least thirty (30) days prior to the proposed
conveyance or encumbrance. If afl or any part of the described premises or an interest
therein is sold, transferred or encumbered by mortgagor without mortgagee's prior
written consent, excluding death of a joint tenant or the grant of any leasehold interest
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afton, Wyoming 83110 Page 6 of 8 .,...¥"
of three (3) years or less not containing an option to purchase, mortgagee may, at its
option, declare the entire remaining balance due under this agreement to be
immediately due and payable and give written notice to mortgagor thereof. After receipt
of such written notice, mortgagor shall have thirty (30) days in which to pay the entire
remaining balance to mortgagee.
12. The covenants herein contained shall bind, and the benefits and advantages
shall inure to, the respective heirs, executors, administrators, successors, and assigns
of the parties hereto. Whenever used, the singular number shall include the plural, the
plural the singular, and the use of any gender shall include all genders.
13. Whenever use d herein, the terms "mortgagor"and "mortgagee"include afl
the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations; and the term "Note"
includes all the notes herein described if more than one.
IN W/ITNESS IFHF~REOF, mortgagor has caused this mortgage to be executed as of the tO'X'~ day of
February, 2005.
STOKER
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afion, Wyoming 83110
Page 7 of 8
STATE OF If/YOMING )
)ss.
CO UNTY OF LJNCOLJ'4 )
Feb~m~y, 2005.
I,VITNESS m.y hand and ofldal seal.
My commission ex72i.res:
Bowers & Associates Law Offices, PC
P.O. Box 1550
Afion, Wyoming 83110
Page 8 of 8 ',,."
EXHIBIT A
"BEING 5 PAGES"
~:.~,: ~, L 0 o ~ o LINOOL~4 COI}NTY OLERI
~ o'~. ~~ 5 8 1 QUIT CLAIM DEED
8 9 5 2 5 2
~OW ALL MEN BY THESE P~SENTS, that KI~ D. LUTHI and GENELL LUTHI,
Ir" ~ ~
grantors of Freedom, Lincoln County, Wyoming, for and in consideration of TEN DO~X~ql
other valuable consideration, in hand paid, receipt of which is hereby achaowledged, have hereby remised,
released and forever quit claimed unto the said JIM W. STO~R of Thayne, Wyoming, a single man, grantee,
his heirs and assigns forever, all such right, title, interest, property, possession, claim and demand, as they may
have or ought to have; in or to all the following described property, hereby releasing and waiving all rights
under and by viaue of the homestead exemption laws of the State of Wyoming, to-wit:
Attached hereto as Exhibit "A".
Excepting therefrom the tract of land described in Exhibit B.
Excepting therefrom the tract of land described in Exhibit C.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations,
Restrictions, Right-of-Way and hnprovements of sight and or record.
WITNESS my hand this 7/'I) day of
,2003.
GENELL LUTHI
THE STATE OF WYOMING )
)
COUNTY OF LINCOLN )
SS.
Q-fa The foregoing instrument was acknowledged before me by KIRK D. LUTHI and GENELL LUTHI this
day of ["~ib~O~mbea,~ . ,2003.
Witness my hand and official seal.
My Commission Expires:
NOTARY PUBLIC
EXHIBIT ^
'1'1 /l(;I. Ihf. I : Ih]ul~i~lJ-][',/ nL il PoIIj(: 'l.J'l LOr]E I~:]l: l-J.t)ll; I:lle "':"'
[~]~]k Il J, llUllo~ ~0 ~lle Po,I,~I~ Oil b0gJ, lillJ, llg, ' '
;~ . . :. . .
' ' : ' ' ' ' ', 'cd~ 1 ZooL
,I tJ~d I. II~ll; i,l,~.(~t),l' ¢;I-~}lVeyell IloI,[~jeo.j,jI L'ot~llJ:y ~]~JlooJ ihl~l:~;.j.~;L
gdt IJuok ][l(J P.lt. , l,~ilg~ 227.
OF SCHOOL DISTRICT TRACT
TO wil:-
That part of the NEt/4 of Seclion '~'~ T~.~,~ ,~ ........ ~
I):~rl of Ihat tract 'o~ ~ecord ; I~e ~c~/'~-2~,"~v~ ?~~F°m c~um)~ Wyoming, be
~,ho~la~ ~ecords ~0 pa~e 5fl6 i ~cludin~ ',a,:l ~f Ro ..... ~unl~ in Bnok 3
?n~.?y rfir,¢ Addi ~ lo the Town o~ Tl~ne o .... ?~me~.~n~nr,se ~?nue of the
-. ** u~,u~u In ,,a~ ~orner Record (lied ill Said Office.
~nce N~9o-I~L4~,'L~ 466.0~ (eel I0 Ille IIordleast co~ner of ti}at Irac{ Bt record in said
uice in Book 370 o( P/otoslatlc Records on page 679, madced by a 1/2" iron pipe wilh
plaslic ca~ inscnbed "PELS
II~ence conlillqillg ~89%15'-~9"w 79~.41 feet along t ~e noah line of~a d t(ac in Book
370 I~ Ihe no~dlwe~[ coiner thel~'f ma~ed jy a 1/2" iron pipe wilh plaslic c~p hlscrilmd
"P~
thence ~-44'-3q"~ 2~.~3 feet. a one Ihe west Ii ~e BI sam tracl in B~ok 370 Io
point or iDlersec ol~ o~ sala we~l line wi/Il the eas erly [~ro[raction
Block 3 of said Vanl~q~y Park Addition; - of Ihe soulll line
Ihence ~ ]~0-16,LI ~"~ ]72 f~el along said easterly prolraclion Io lhe soulheas~ poinl of
said Bloc; ~ unaer a flo~h/s~uih (ence;
U~ence ~ t00-11 '.-~6"E, 514.~0 feet alopg the east I le of said Block 3, fallowing a fence,
nlore or I ss, :o lhe nordleasl po nt of ~aid Block at a [e~lce corner;
II~ence h 19'-08'-0~"~ 3~4.g7 fee along the nor Ii line of said Block 3, ~ol owing a
fence, ~ re or less, 1o tie sou I~east point of that tracl of record n said Office in Book
170 Bi PI olos[a[ic Records o~ page ~ 74 al a fence corner;
'~honce N~)2*-24L46"E, 66.02 fe~l along Ihe east line of said Irac in Book 170, following
a ~ence, ,.~ore or less, o ll~e lodheast point of said Irac~ on the noel I hn Bt Hope 51ree[
~f said A~ dillon; ' ' e
I .
d~ence S09 -08'-08"E 382.29 feel along said noah line o~ Flope Stree~ 1o a poinl ullder
said I~ort~/soulh fence;
?~ence ~000-05'-32"E 113.74 fee, Iollawing said fence n~ore or le ~,
lencecoT~er; , s lo a point a(
??ce.5~°-I 5'-49"E, 1268.17 fee a one a line parallel wil ~ he r · ' · .
~n uoo~ ~70 lo a poinl: Iodh kne of sa~d Iract
:he~ce S~0'-29L05,,~ 667,98 [eel along a ne ~arailel w h Ihe ea~
o II~e P~INT OF BEGINNING. '( line of said NE1/4
ENCOMPASSING an area ~ 20.~0 acres, more or
TOGETHER WITH a right-of-way easement ~wenty-five (25) feet wi
rese~ved,easemenl of ~e~ord i,~ s~:~ ~m.2 ....... . de, ~deflt~cal wid/fha
~ ,~ *,u ~,~ce m ~o0~ I/U o( Pho[oslah
l Za andldescribed I~ere ~ ~. "over ........ d .... '~ ReFgrd~ on pare
. . · ~.. -.~ auuas tutu alO~g Ine e~lSllll roa
~ q~uk 1~01, 1.~.~ leer each side BI lite ce ~terline Bt maia ~o*-~a~ ~h?ugt~
~e.~ .,~ I[O1~ ~e Clly street to co i i-uo ........... ~ ,uw~ /or Ingress
abov~ d~scribed trac~); ~ ~* ~,,ul~uuy un tlle east ... (wl}~ch includes
each po(al nlarked by ~ 5/8" x 24" steel fei f r ' ' · . .
"SURVE?OR SCHERBEL LTD DIG PI ~ *~v ~/~ ~c.I ~l[h ah,?lnu~ cap ,n,crlbed
the Base[Bearing being II~e soulh line of said NE 1/4 equal Io NB9'.10'-1
all i~ a~cordance with that plal dried "PLAT OF SURVEY FOR JIM ~ STOKER OF
TRACTS[FOR LINCOLN COUNTY SCHOOL DISTRICT NO 2 qOWN OF THAYNE
~lTkll~ ~NNOY PARK ADD TION TO THE ~WN OF T~AYNE AND TH~
"ModlfJcalion Iq any way BI Ihe I'ofeBoinl] de.~ci, ilTdol} (ermlnales liabilily Bt Ihe surveyor*'
I';'IFIN ~4: ~-6PI"l
F'AGE:5
i
TO-Wit;--
That part of time NE¼ of
~he In¢crpora~e~ Lt~i'+. --jun 23, T34N,
~ounty, Wyomin6 b_? .... o~ the Town of ~I partly within
Office of .~. _~Ang part of that ~nayno, Lincoln
~ho~__t_~, --~ clerk of Lincoln tract ~f record in t
~- uule Re~ord~ on page 73^ ~ounty i Boou he
~, described as ~Zllcw$~ 409 of
~EG~KRING cn the north line
a~lL'-49'IN~ 870.15 fee ost~tlc Record~ on Page 227,
¢ ~, and N~B~_31,_31,,W 1.~ uhc northeast point of
orner of maid t~E%; , ,~D.!7 feet from the southeast
thence N$9~_lBi_49,,l~ 398
northwest point of 2al-: 2-~2 fe~t, along said north lina, to
~ u erect in Book 380;
hebce $OO"-nc~ - h
{aope) $tree~j a point on the - -- ' sine of said
' nor~ line of 14rlght
}hence Ngg"-0B]-OS,,{~, 382.29 f ' ' ~ '
[Point at a f~4ce COrner; eat along ~aie north llne to
ffice ' -,,- of 9 once
1~ Book 306 of Phc ...... ~nat tract of r .... = ·
, ~u~au~c Records on page~ in
thencs SSS
!tract, comm~ to~ 26.36 ~eet to the ~OUtheas~ pipe
fOffioe in Boo~ 2~i of southwest poin~ of ~hat ~raot of said
Photostatic R~COrds on pagg 3~8; in said
thonc~ S$8,~~3!_08,,E, 673.24 feet, ~]ong tbs ~Outh line of ~ald
tract, to an ~ngl~ point;
thenoe N83"-39~-27,.E, 86.46 feet along said south lineto an
!angle point; ,
thence S00~ -411'-49h~, 181.5~
tract, to the!southerly mo~t fe~t, along an ease line of
southwest point of said tract:
thence ~ontinu~ng S00"-41'-49.¥;, 203.21 feet, along a southerly
extension of ~aid mast line, to the POI~iT OF
ENOOHPA$$iNG a~ area of 7.76 acres ~ore or less;
~ ~ a~uminum~¢ap inscrib~ ~,~. ~teel reinforcln ·
approorlate a ~I~xOR SCHERBEL LTD BIG ~[7~i?q73u ~'r~ nl~oH
~ach "corner,, found as d~crlbed ia the Corner Record filed ir,
the Offloe of ~he Clerk cf Lincoln County;
~aeh "pipe" ma~k~d by a 1" Iron pipe With a Ys.1]o~/ {~]as~c
ln~crlbed "PE/LS 698,,I
n~T~n s /%UOUST~g~O TRUST,
PAGE TWO
a~l iD accorda~ with the ple~ prepared ~o b~ file,
A~D GBNELL L ~f ' in the
T~{AYNE IN T~ELUTH~ p~lncol~ County titled, "KZ~ ~. LUTHI
,OF T~CT PARTLY {'//THIN THE TOWN
........ l~3-1._) 0:) {,{-1,:'_:,S,l,{iq°~ ~t,o
~:00~ · ~ T ' lDO