HomeMy WebLinkAbout908519 RECEIVED 5/18/2005 at 3:28 PM
RECEIVING # 908519
BOOK: 585 PAGE: 601
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
' -1:STATE MORTGAGE
(Wyoming)
THIS MORTGAGE is granted by DIRK J. HAYES, an unmarried/nan, az MORTGAGOR, to
SALT RIVER HOMES, LLC, a Wyoming Li/nited Liability Company, as MORrG~IGEE.
WITNESS E TH :
Mortgagor, for good and valuable considerations, the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, CONVEY
AND WARRANT, and further releazes and waives all rights under and by virtue of the homestead exemption laws of Wyoming, unto the Mortgagee,
his successors and assigns, all of the following described real property, to wit:
Lot 187 of Nordic Ranches Division No. 13, 'Lincoln County, Wyoming as described on the official plat
thereof
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 profits thereof, hereinafter referred to az 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 associated with
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. Paytnent of the indebtedness evidenced by a promissory note of even date herewith, and any extension or renewal thereof, in the principal sum
of FIVE HUNDRED SIXTY FIVE AND 24/100 ($565.24), the.final payment of principal and interest thereof, if not sooner paid, to be
.finally due and payable APRIL 30, 2006.
3. Payment of all such furthersurns az may hereafter be loaned or advanced by the Mortgagee for any purpose; and any notes, drafts and/or other
instruments representing such further loans, advances or expenditares shall be optional with the Mortgagee, and shall become due and payable no
later than the finaI maturity date of said note secured hereby; and provided further, that it is the express intention of the parties to this ?~ortgage that
it shall stand as continuing security until all such loans, advances or expenditures together with interest thereon, are paid in full.
A. To protect the security of this Mortgage, Mortgagor warrants, covenants and agrees:
1. The property is free from all encumbrances, except as/nay be described herein, and that Mortgagor shall warrant and defend the same forever
against the lawful claims and demands of all persons whomsoever, and this covenant shall/tot be extinguished by foreclosure or other transfers.
2. To keep all buildings and other intprovements now or hereafter existing in good condition and repair; to not remove or demolish any building
or other improvement thereon; to complete or restore promptly and in a good workmanshiplike manner any improvement 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 improv?men~s [~:~be made thereon; to not commit or permit wazte thereof or thereon; to
maintain, cultivate, irrigate, fertilize, fumigate, prune, all in a good and hazbandrylike manner, the land and intprovements 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 front 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 attd with loss payable to Mortgagee; to maintain liability insurance; to pay all
premiunts and charges on all such insurance when due; and to provide Mortgagee satisfactoryevidence of such insurance upon request. The amount
collected under any fire or other insurance policy may, at Mortgagee's option and determination, be applied upon any indebtedness secured hereby in
such order as Mortgagee determines, be releazed to Mortgagor in whole or part, or any combination thereof. Such application or release shall 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 &re 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 ~Iortgage and
azsociated loan documents.
5. To pay immediately and without demand all sums expended by Mortgagee pursuant 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 proceedingpurporting to affect the security hereof or the rights or powers of Mortgagee; to pay, on
demand, all costs and expenses, inchtding without limitation, cost of title evidence, reasonable attorney's fees, advances, and/or costs, paid or
incurred by ~[ortgagee to protect or enforce its rights under bankruptcy, appellate proceedings 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 releasing 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 propertyfor such purposes;
appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Mortgagee; pay, purchaze, contest
or compromise any encumbrance, charge or lien which in the judgment of Mortgagee appears to be prior or superior hereto; and in exercising any
such powers or in enforcing this Mortgage by judicial foreclosure or otherwise, pay the necessary expenses, costs and reasonable attorney's fees.
8. To comply with all laws, ordinances, regulations, coven"ants, edhditions 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 fitture; to allow Mortgagee 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 's purposes only and shall not be construed to create any responsibilityor liability on the part of Mortgagee to Mortgagor or to any
other person); to forward copies of any notices received from any enviromnental agencies to Mortgagee; and to Indemnify and hold 3/lortgagee, his
employees, agents and his successors and assigns, harmless,from and against any 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 Mortgagee who may apply or releasesuch monies receivedby him in the same ,tanner and with the same effect as above
provided for disposition of proceeds of fire or other insurance.
] O. The failure of Mortgagee to exercise any right or option provided herein at any time, shall not preclude Mortgagee from exercising any of such
rights at any other time; by acceptingpayment of any sum secured hereby after its due date, ~[ortgagee 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.~ -
11. As additional security, Mortgagor hereby gives to and confers upon Mortgagee the right, power and authority, during the continuance of this
mortgage, to collect the rents, issues and profits of said property as they become due and payable; Reservir,g however unto lP[ortgagor, prior to any
default by g/Iortgagor 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 sue 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 ax 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 ~t. his mortgage is personal to the Mortgagor and is not assignable by Mortgagor.
Mortgagee hax relied upon the credit of Mortgagor, the interest of Jv[ortgagor tn the Property and the financial market conditions then existing when
making this loan. If Mortgagor tramfers 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 tertn 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 transfer or by operation of law, 3/[ortgagee may 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 TWELVE 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 them against the indebtedness hereby secured; to sell the Property at foreclosure en masse, or as one lot or parcel at the option
of g4ortgagee, and to exercise any rights and remedies available tinder 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 premises from 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 this mortgage.
16. This mortgage, all loan documents and the note(s) secured hereby shall be governed and constrtled according to the laws of the State of
Wyoming. In the event of default, Mortgagor grants to Mortgagee a Power of Sale to foreclose on and sell said property at public auction pursuant
to Wyoming 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, successors 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 and/or neuter, and the singular number inchtdes the
plural. , ~.
, ated..
37rk.'. . yed
STATE OF WYOMING )
County of ~l~te.~tl(J )
The foregoing instrument was acknowledged before me by Dirk
Hayes, this~day of j~.t~t~tt._~2005.
Igotary Public for Wyomin~
My commission expires:
,5
Real Estate lfortgage (1/99) - Page 2
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