Exhibit 3.49
NO. 13 -MORTGAGE OF REAL PROPERTY. State Publishing Co., Helena, Mont.
THIS INDENTURE, made and entered into this the
day February in the year of our Lord one thousand
nine hundred and ninety-two (1992)
BY AND BETWEEN Centennial Foods, Inc. an Idaho Corporation, of
000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx
of Beaverhead County, Montana, party of the first part, and
The State of Montana. Department of Commerce of 0000 0xx Xxxxxx, Xxxxxx, Xxxxxxx
of the party of the second part.
WITNESSETH, That the said party of the first part, for and in consideration
of the sum of Seven Hundred Eighty-Thousand and No./00 Dollars 780.000.00)
lawful money of the United States of America to it in hand paid by the said
party of the second part, the receipt whereof is hereby acknowledged, has
mortgaged, granted, bargained, sold and conveyed, and by these presents does
hereby mortgage, grant, bargain, sell and convey unto the said part y of second
part, and to its heirs and assigns forever, all that certain lot, piece or
parcel of land situate, lying and being in the County of Beaverhead State of
Montana; and particularly described as follows, to-wit:- A parcel of land
located in the NE 1/4 NE 1/4 of Section 16. Township 6 South, Range_7_West,
P.M.M., County of Beaverhead, State of Montana, and more completely described as
follows: Beginning at the Northeast section corner of Section 16, Township 6
South. Range 7 West. P.M.M., thence S 76 37'33" W-926.47 feet to the TRUE POINT
OF BEGINNING, thence, first course S 66 21'34" W-204.62 feet, thence, second
course. S 02 54' 15" E-307.52.feet. thence, third, couse. N85 06' 33" E 152.00
feet. thence fourth and final course, N 03 06' 25" E-376.77 feet to the point of
beginning. Said parcel containing 1.33 acres . Bearings based on the record
bearings of Farm Unit No. 76 (Ref. Certificate of Survey Number 695). Together
with that certain agreement designated Well Agreement and Grant of Easement
dated the 10th day of January 1991, and recorded the 15th day of May 1991, at
10:04 a.m. in Book 262 of Microfilm, pages 1lOl and 1102, records of the Clerk
and Recorder for Beaverhead County, Montana.
THIS GRANT is intended as a Mortgage to secure the payment of that certain
promissory note dated the 20th day of December 1990, executed and delivered by
the said part Y of the first part to the said part Y o f the second part in
words and figures as follows, to-wit: See Promissory Note and Amortization
Schedule attached hereto as Exhibit "A" and by this reference made a part of
hereof.
AND THESE PRESENTS SHALL BE VOID if such payment be made; but in case
default shall be made in the payment of the said principal sum of money, or any
part thereof, as provided in said note ,or if the interest that may grow due
thereon, or any part thereof, shall be due and unpaid for the space of 60 + 60
days after the same should the have been paid, according to the terms of said
promissory note , then and from thenceforth, it shall be optional with the said
party of the second part, heirs, executors, administrators or assigns to
consider the whole of said principal sum expressed in the said note as
immediately due and payable, although the time expressed in the said note for
the payment thereof shall not have arrived; and immediately to enter into and
upon all and singular the premises hereby granted or intended so to be, and to
sell and dispose of the same, or any part thereof, and all benefit and equity of
redemption of the said party of the first part, its heirs, executors,
administrators, or assigns at public auction, upon giving notice of the time and
place of sale in the manner provided by law for the sale of real estate on
execution, and to make execute and deliver to the purchaser or purchasers
thereof at such sale all necessary conveyances, or deeds for the purpose of
vesting in such purchaser or purchasers the premises so sold in fee-simple
absolute, and out of the moneys arising from such sale to retain the principal
and interest which shall absolute, and out of the moneys arising from such sale
to retain the principal and interest which shall then be due on said promissory
note together with the costs and charges of said sale, including a reasonable
attorney's fee, and also the amount of all such payments of taxes, assessments,
encumbrances or insurance as may have been paid of the said part Y second part,
its heirs, executors, administrators or assigns, by reason of the permission
hereinafter given, with the interest on the same hereinafter allowed, rendering
the overplus of the money, if any there shall be, unto the said part. Y of the
first part, its, heirs, executors, administrators or assigns. And the said first
part y do es. hereby further covenant, promise and agree to and with the second
part Y to pay and discharge, at maturity, all such taxes, liens and encumbrances
now subsisting or hereafter to be laid or imposed upon such premises, or which
may be in effect a prior charge thereupon to these presents, during the
continuance hereof, and in default thereof the said party of the second part,
its heirs, executors, administrators or assigns may pay and discharge the same,
and may at its option, keep fully insured against all risks by fire the
buildings which are, now, or may hereafter be erected on the said premises, at
the expense of the said first part y and the sums so paid shall be repayable in
the same kind of money or currency in which the same shall have been paid and
shall bear interest at the rate of 8% percent per annum until paid, and shall be
considered as secured by these presents, and be a lien upon the said premises
and shall be deducted from the proceeds of the sale thereof above mentioned,
with interest as herein provided. If the second part y so elects be it may bring
an action to foreclose this Mortgage, in which event shall be entitled to
include in the judgment and decree of foreclosure any moneys paid out or
expended by it under the provisions herein before set out, with interest thereon
as above set out, and also a reasonable attorney's fee to be fixed and allowed
by the Court, and taxed and collected as other costs.
IN WITNESS WHEREOF, The said party of the first part has hereunto set its
hand and seal this the day and year in this Indenture first above written.
Signed, Sealed and Delivered in the Presence of CENTENNIAL FOODS, INC.
By /s/Xxx Xxxxx
(Seal) ------------
President
(Seal)
(corporate seal) Attest:
(Seal)
STATE OF MONTANA, Secretary
}ss.
County of Beaverhead
On this day of February nineteen hundred and ninety-two before
me , a Notary Public in and for the State of Montana,
personally appeared the President and Secretary, respectively, for Centennial
Foods, Inc. .the corporation that executed this instrument, known to me to be
the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same. For and on behalf of such
corporation. and on behalf of such corporation.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for the State of Montana.
Residing at Dillon, Montana
My Commission expires ,19
