HomeMy WebLinkAbout907913 RECEIVED 4/26/2005 at 2:09 PM
RECEIVING # 907913
BOOK: $83 PAGE: 7'06
JEANNE WAGNER
L,NCOCN COUN CLERK. XTA TE MOR TGA GE
(Wyomin~
'-0070 E-2680
THIS MORTGAGE is granted by ALPEN HAUS INVESTMENTS II, LLC, a Wyoming Limited Liability Company, as
MORTGAGOR, to
THE BANK OF C03~IMERCE, as Trustee for the benefit of the WENDY K. NELSON IRA, an undivided 25% interest:
THE BANK OF COMMERCE, as Trustee for the benefit of the LENORE J. KATRI IRA, an undivided 75% interest, as
MOR TGA GEE.
}VI TNESSE TH:
Mortgagor, for good and valuable considerations, the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN,, SELL, CONVEY
AND DrARRAN~, and further releases and waives all rights under and by virtue of the homestead exemption laws of F/yoming, unto the Mortgagee,
his successors and assigns, all of the following described real property, to wit:
Beginning at the Southeasterly Conter of Lot 1 of Alpendorf Subdivision, Phase 1 recorded as Instrument
#700391 Lincoht County, }Vyonthtg said pohtt being N6'48'38"W 930.11 feet from the South 1/4 Corner of
Section 20, Township 37 North, Range 118 West of the 6th P.M., and runnbtg thence N15'18'57"W12.50
feet; thence N74 '32 '3 6"E & 71 feet; thence N15 '2 7'24"W 23. 81 feet; thence S74 '32 '36"W & 65 feet; thence N
15'18'57"~V 19.52 feet; thence S74'51 '28"W 31.57feet; thence N15'OS'32"W 12. 88 feet; thence S74 '51 '28"W
31.90 feet; thence S15 '08 '32 "E 12. 88 feet; thence S74 '51 '28"W 32. 42 feet; thence S15'20'04"E 19. 53 Jbet;
thence S74 '39'56"W & 80 feet; thence S15 '20 '04 "E 23. 81 feet; thence N74 '39 '56"E & 80 feet; thence
S15'20'04"E 12. 52 feet; thence N74 '50'54"E 95. 86feet to the Point of Beginnhtg.
TOGETHER WITH any and all improvements, water and ditch rights, rights of ways, easements, privileges, ventilating, tenements,
hereditaments and appurtenances thereunto belonging or in anywise appertaining, now or hereafter used on said land or belonging to
said Mortgagor, and any reversion, remainder, rents, issues and proftts thereof, hereinafterreferred to as the "Property".
This grant is intended as a Mortgage, a Fixture Filing attd Security Interest for the Purpose of Securing:
1. Performance of each agreement of Mortgagor herein contained, each agreement and covenant contained in the loan documents associatedwith
this mortgage, and any extension, renewal, modification and/or amendment thereof "Loan documents"shall include the above described note, this
mortgage, and any other documents or instruments signed in connection with this loan.
2. Payment of the indebtedness evidenced by a promissory note of even date herewith, and any extension or renewal thereof, in the principal sum
of ONE HUNDRED SIXTY FOUR THOUSAND AND TWO HUNDRED THIRTY TWO AND 11/100 DOLLARS
($164,232.11), the final payment of principal and interest thereof, if not sooner paid, to be finally due and payable April ~2006.
3. Payment of all such further sums as may hereafter be loaned or advanced by the Mortgagee for any purpose; and any notes, drafts and/or other
instruments representingsuch fitrther loans, advances or expenditures shall be optional with the Mortgagee, and shall become due and payable no
later than the final maturity date of said note secured hereby; and provided further, that it is the express intention of the parties to this 3/[ortgage that
it shall stand as continuing security until all such loans, advances or expenditures together with interest thereon, are paid in fidl.
A. To protect the security of this Mortgage, ~lortgagor warrants, covenants attd agrees:
]. The property is free from all encumbrances, except as may be described herein, and that 3/[ortgagor shall warrant and defend the same forever
against the lawful claims and demands of all persons whomsoever, and this covenant shall not be extinguished by foreclosure or other transfers.
2. To keep all buildings and other improvements now or hereafter existing in good condition and repair; to not remove or demolish any building
or other improvement thereon; to complete or restorepromptly and in a good workmanshiplike manner any intprovement which may be constructed,
damaged or destroyed thereon; to pay when due all claims for labor performed and materials furnished thereto or therefor; to comply with all laws
affecting said property or requiring any alterations or improvements to be made thereon; to not commit or permit waste thereof or thereon; to
maintain, cultivate, irrigate, fertilize, fumigate, prune, all in a good and husbandrylike manner, the land and improvements thereto; to not change or
permit change in the use of the property; to not do anything which would reduce the value of the property; and do all other acts which from the
character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
3. To provide, maintain and deliver fire insurance satisfactory and with loss payable to Mortgagee; to maintain liability insurance; to pay all
premiums and charges on all such insurance when due; and to provide Mortgagee satisfactory evidence of such insurance upon request. The amount
collect~d under any fire or other insurance policy may, at Mortgagee's option and determination, be applied upon any indebtedness secured hereby in
such order ax Mortgagee determines, be released to Mortgagor in whole or part, or any combination thereof. Such application or releaseshall not
cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
4. To pay before delinquency all taxes, assessments, or rents affecting said property; to pay when due all encumbrances, charges and liens, with
interest, affecting said property which are or may appear to be prior or superior hereto; and to pay all costs, fees and expenses of this Mortgage and
associated loan documents.
5. To pay immediately and without demand all sums expended by Mortgageepursuant to the provisions hereof, with interest from date of
expenditure, at a rate equal to the interest rate payable under the promissory note described above or twelve percent (12%) per annum, whichever is
greater.
6. To appear in and defend any action or proceeding purporting to affect the security hereofor the rights or powers of Mortgagee; to pay, on
demand, all costs and expenses, including without limitation, cost of title evidence, reasonable attorney's fees, advances, and/or costs, paid or
incurred by Mortgagee to protect or enforce its rights under bankruptcy, appellateproceedings or otherwise, and all such costs and expenses shall
become a part of the indebtedness secured by this mortgage.
7. Should Mortgagor fail to make any payment or to do any act as herein provided, Mortgagee, but without obligation so to do and without notice
or demand upon Mortgagor and without releaxing Mortgagor from any obligation hereof, may: make or do the same in such manner and to such
extent as Mortgagee may deem necessary to protect the security hereof, Mortgagee being authorized to enter upon said property for such purposes;
appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Mortgagee,' pay, purchase, contest
or compromise any encumbrance, charge or lien which in the judgment of 3/[ortgagee appears to be prior or superior hereto; and in exercising any
such powers or in enforcing this 3/[ortgage by judicial foreclosure or otherwise, pay the necessary expenses, costs and reasonable attorney's fees.
8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and its use, including without
limitation all environmental laws; not to use or permit the use of the Property for any unlawful or objectionable purpose; to remedy any
enviromnental contamination or violation of environmental laws that may occur or be discovered in the future; to allow IVIortgagee access to the
Property to inspect its condition and to test and monitor for compliance with applicable laws (any inspections or tests made by Mortgagee shall be
for Mortgagee 'spurposes only and shall not be construed to create any responsibilityor liability on the part of Mortgagee to 3/[ortgagor or to any
Real Estate Mort~ Page I
employees, agents and his successors and assigns harmless from and against arty environmental claims of any kind and all costs and expenses
incurred in connection therewith, including, without limitation, attorney's fees.
9. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof, is hereby assigned
and shall be paid to 3/lortgagee who may apply or release such monies received by him in the same manner and with the same effect as above
provided for disposition of proceeds of fire or other insurance.
10. The failure of g/lortgagee to exercise any right or option provided herein at arty time, shall not preclude Mortgagee from exercising any of such
rights at any other time; by acceptingpayment of any sum secured hereby afier its due date, Mortgagee does not waive his right either to require
prompt payment when due of all other sums so secured or to declare default for failure so to pay; all rights conferred on Mortgagee are cumulative
and additional to any rights conferred by law; and if any provision is found to be invalid or unenforceable, such invalidity or unenforceabilityshall
not affect any other provision hereof and the mortgage shall be construed as though such provision had been omitted.
i 1. As additional security, Mortgagor hereby gives to and confers upon Mortgagee the right, power and attthority, during the continuance of this
mortgage, to collect the rents, issues and profits of said property as they become due and payable; Reserving however unto Mortgagor, prior to any
default by Mortgagor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, the right to collect and retain
such rents, issues and profits. Upon any such default, Mortgagee may at any time without notice, either in person, by agent or court appointed
receiver, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or
any part thereof in his own name site for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the
same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such
order as Mortgagee may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the
application thereof as aforesaid, shall not cure or waive any default hereunder or invalidate any act done pursuant to any such default notice.
12. DUE ON SALE: The indebtedness and obligations secured by this mortgage is personal to the Mortgagor and is not assignable by Mortgagor.
Mortgagee has relied upon the credit of Mortgagor, the interest of Mortgagor in the Property and the financial market conditions then existing when
makiag this loan. If Mortgagor transfers or contracts to transfer, title to or possession of all or part of the Property, or any equitable interest
therein, whether by deed, contract for deed, assignment, lease for a term in excess of one year, lease with an option to purchase, option to purchase,
or similar agreement; or if the ownership of any corporation or partnership, owning all or any portion of the Property shall be changed either by
vohmtary or involuntary sale or transferor by operation of law, Mortgagee/nay declare all sums due under any note, security agreement, and/or
loan documents associated herewith, immediately due and payable. Noncompliance with this covenant shall constitute and be a default of this
obligation which shall entitle Mortgagee to effectuate any and all remedies provided.
13. Time is of the essence and a material part of this agreement. In the event of default, at Mortgagee's option, the entire indebtedness secured
hereby shall forthwith become due and payable and bear interest at the rate of TFgELVE PERCENT (12%) per annum; Mortgagee shall have the
right to foreclose the lien of this mortgage, to have a receiver appointed in any court proceeding, to collect any rents, issues and profits from the
Property and apply theln against the indebtedness hereby secured; to sell the Property at foreclosureen masse, or as one lot or parcel at the option
of Mortgagee, and to exercise any rights and remedies available under the Uniform Commercial Code for the State in which the property is located;
and reasonable notice if required by such Code shall be five (5) days.
14. The Mortgagee may at any time, without notice, releaseportions of said mortgaged premisesfrom the lien of this mortgage, without affecting
the personal liability of any person for the payment of the said indebtedness or the lien of this mortgage upon the remainder of the mortgaged
premises for the full amount of said indebtedness then remaining unpaid
15. Mortgagor and each of them join in this instrument for the purpose of subjecting each of their right, title and interest, if any, in the Property,
whether of record or otherwise and including any right to possession, to the lien of ti, is mortgage.
16. This mortgage, all loan documents and the note(s) secured hereby shall be governed and construed according to the laws of the State of
VVyoming. In the event of default, Mortgagor grants to Mrortgagee a Power of Sale to foreclose on and sell said property at public auction pursuant
to V/yoming Statute Section 34-4-101 et:seq.
17. This mortgage applies to, inures to the benefit of and binds all parties hereto, their heirs, devisees, personal representatives, sltccessors and
assigns. The term Mortgagee shall mean the holder and owner of the note secured hereby; or if the note has been pledged, the pledgee thereof In
this Mortgage, wherever the context so requires, the masculine gender includes the feminine ar, d/or neuter, and the singular number includes the
plural.
Dated:
ALP~
/'
STATE OF IDAHO )
) ss
COUNTY OF BONNEV!rLLE~ )
On ~ ""'1 ~'7. before me, the undersigned, personally appeared
Laurence Reinhart and Gerre L. McClintick
known or identified to me to be the Managers of ALPEN HAUS INVESTMENTS II,
LLC and acknowledged to me that said Limited Liability Company executed the
Notary Public for t~ State of ~
Commission Expiration Date: ~/1 ~ / ~,O I /
Real Estate Mortgage (1/99) - Page 2
mtlE-2580mtg