The URL can be used to link to this page

Home My WebLink About907031 RECEIVED 3/14/2005 at 12:53 PM RECEIVING # 907031 BOOK: 580 PAGE: 667 JEANNE WAGNER LINCOLN cOUNTY CLERK, KEMMERER, WY ' 667 AFTER RECORDING RETURN TO: Washington Federal Savings 500 N CAPITAL AVE IDAHO FALLS, ID 83402 Attention: BRANDY HUDGINS Loan Number 044 209 3002227 Title Company ROCKY MOUNTAIN TITLE Order Number A6054 SHORT FORM MORTGAGE (WITH POWER OF SALE), SECURITY AGREEMENT AND FIXTURE FILING WITH ASSIGNMENT OF LEASES, RENTS AND ACCOUNTS THIS MORTGAGE ("Security Instrument") is made NARCH 10, 2005 BETWEEN SALT RIVER HOMES, LLC., A WYOMING LIMITED LIABILTY COMPANY as Mortgagor ("Borrower"), whose address is P.O. BOX 3698 ALPINE lq'q( 83128 . and WASHINGTON FEDERAL SAVINGS, a United States Corporation, as Mortgagee ("Lender"), whose address is 500 N CAPITAL AVE IDAHO FALLS ID 83402 Borrower hereby irrevocably mortgages,' warrants, grants, bargains, sells and conveys to Lender and its successors and assigns, with power of sale and with right of entry and possession as provided herein and by Wyoming law, all Borrower's estate, right, title, interest, claim and demand, now owned or hereafter acquired, in and to the following described property in LINCOLN County, Wyoming (the "Property", which term shall include all or any part of the Property, any improvements thereon and all the property described in Paragraph 2 of the Master Form Mortgage hereinafter referred to): LOT 195' OF NORDIC RANCHES DIVISION NO 13 LINCOLN COUNTY WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF which has the address of NNK ETNA WY 83118 TOGETHER WITH all the tenements, hereditaments and appurtenances, now or hereafter thereunto belonging or in any way appertaining, leases and other agreements for the use and occupancy pertaining thereto, and the rents, issues and profits thereof and all other property or rights of any kind or nature whatsoever further set forth in the Master Form Mortgage hereinafter referred to, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Lender to collect and apply such rents, issues and profits. This Security Instrument shall constitute a security agreement under the Uniform Commercial Code of Wyoming between Borrower as debtor and Lender as secured party. Borrower grants a security interest to Lender in any of the Property which is personal property and also grants a security interest in the property described in Paragraph 3 of the Master Form Mortgage hereinafter referred to, now owned or hereafter acquired by Borrower (the Property, as defined above, and the property described in said Paragraph 3 are hereafter collectively referred to as the "Collateral"). THIS SECURITY INSTRUMENT IS FOR THE PURPOSE OF SECURING the following: (a) Payment of the sum of ***** ONE HUNDRED EIGHTY FIVE THOUSAND, SIX' HUNDRED DOLLARS AND NO/100 ***** DOLLARS ($ 185~ 600.00 ), with interest thereon according to the terms of a promissory note of even date herewith, payable to... Lender or order and 2~ue~a~[r;nW~;~: ~oN~itt~2,a ;hni:hoJ;xr~enSsh~lnj~l:rde;;1;1 notes evidencing the indeb~~ilflr SslC~ Security Instrument, t . . , ured by th' b) Payment of any further sums advanced or loaned by Lender to Borrower, or any of its successors or assigns, if (1) the Note or other writing evidencing the future advance or loan specifically states that it is secured by this Security Instrument, or (2) the advance, including costs and expenses incurred by Lender, is made pursuant to this Security Instrument or any other documents executed by Borrower evidencing, securing, or relating to the Note and/or the Collateral, whether executed prior to, contemporaneously with, or subsequent to this Security Instrument (this Security Instrument, the Note and such other documents, including any construction loan, land loan or other loan agreement, are hereinafter collectively referred to as the "Loan Documents"), together with interest thereon at the rate set forth in the Note unless otherwise specified in the Loan Documents or agreed to in writing; c) Performance of each agreement, term and condition set forth or. incorporated by reference in the Loan Documents, including without limitation the loan agreement of even date herewith, which are incorporated herein by reference or contained herein. THE MATURITY DATE OF THESE SECURED OBLIGATIONS, AS CONTAINED IN THE LOAN DOCUMENTS, INCLUDING THE NOTE, IS MARCH 10, ~007 By executing and delivering this Security Instrument and the Note secured hereby, the parties agree that all provisions of Paragraphs 1 through 69 inclusive of the Master Form Mortgage hereinafter referred to, except such paragraphs as are specifically excluded or modified herein, are hereby incorporated herein by reference and made an integral part hereof for all purposes the same as if set forth herein at length, and the Borrower hereby makes said covenants and agrees to fully perform all of said provisions. The Master Form Mortgage above referred to was recorded on the dates below shown, in the Official Records of the offices of the County Clerks of the following counties in the State of Wyoming according to the enumerated recordation designations appearing below after the name of each county, to wit: COUNTY BOOK OR VOLUME PAGE NO. RECORDING NO. DATE OF RECORDING LINCOLN 374PR 644-655 809964 October 16, 1995 TETON 310 1174-1185 0404875 October 11, 1995 A copy of such Master Form Mortgage has been furnished to the person executing this Security Instrument, and by executing this Security Instrument the Borrower acknowledges having received such Master Form Mortgage. The Property which is the subject of this Security Instrument is not used principally or primarily for agricultural or farming purposes. The undersigned Borrower requests that a copy of any Notice of Default and of any Notice of Sale hereunder, as required by Wyoming law for the foreclosure of a mortgage with power of sale, be mailed to Borrower at Borrower's address as hereinabove set lbrth. Borrower agrees to obtain all insurance required from time to time by Lender and as elsewhere provided in the Loan Documents, including flood insurance. If Borrower fails to maintain such insurance satisfactory to the Lender, Lender may make the payment on behalf of the Borrower and any sums expended shall be added to principal and bear interest at the rate provided in the Note. If the box preceding any of the following statements contains an "X", that statement is a part of this Security Instrument. If the box is no._.~t so checked, the corresponding statement is no._St part of this Security Instrument~ Paragraph 49 of the Master Form Mortgage (which refers to the existence, if any, of an adjustable rate feature in the Note) is hereby deleted. [] The Note secured hereby evidences a construction loan or land loan but is not a combination Note. Paragraph 53 of the Master Form Mortgage is hereby deleted. [---] The Note secured hereby is a combination construction loan/permanent loan Note. Refer to paragraph 53 of the Master Form Mortgage. F-] The Property or a part thereof is a Condominium. Refer to paragraph 50 of the Master Form Mortgage. [-'] A fee owner and a leasehold owner of the Property, or a portion thereof, have executed this Security Instrument. Refer to paragraph 51 of the Master Form Mortgage [-"1 The Property or a part thereof is a leasehold estate. Refer to paragraph 52 of the Master Form Mortgage. [--] See also Schedule "A" of this Short Form Mortgage, attached hereto and incorporated herein by this reference. (Page 2 of 3) WITNESS the hand(s) and seal(s) of the Borrower, and each of them if more than one, on the day and year first above written. J~ AND MANAGING / MEMBER ~AUIi~NC~RE~NHART~ETARY AND MANAGING __~ MEMBER STATE OF ) ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that [Name(s) of person(s)] is/are the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument and acknowledged it to be (his/her/their) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (Seal or Stamp) (Signature) Notary Public in and for the State of residing at My commission expires STATE OF IDAHO ) ) SSo COUNTY OF BONNEVILLE ) I certify that I know or have satisfactory evidence that JOSEPH F BELLOFF AND LAURENCE B REINHART [Name(s) of person(s)] is/are the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he/she/they) was/were authorized to execute the instrument and acknowledged it as the PRESIDENT AND SECRETARY AND MANAGING MEMEBERS (Type of Authority, e.g., Officer, Trustee) of SALT RIVER HOMES, LLC. ~' (Name of the Party on Behalf.~fW1Tom' the-~lnst~mefitq~s~~-' to be the free ~d voluntary act of such party for the use~ad pu~oses megffon~d inj~stmment~ / _ · __~ ~ ~'7 ................ f~~ -~ ~_.~~ ~O ," "~'2 k - .... ..... ~ ,.' . ~_ x x,&'~ ~ talgnature) = f -,r :__,~= NotaW ~bhc ~n ~d for the State of IDAHO = : residing at IDAHO FALLS }~*i.. ~UBLiC ../. ~ My co~ssion expires 10/12/2006 ........... (Page 3 of 3) LO175-T {WY)