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HomeMy WebLinkAbout875608 REOI~IV .... , - ' U / 5 O 8 SEA'N P. COONEY and MELISSA COONEY, husband and wife Mortgagors of Thayne, County of Lincoln, State of Wyoming, hereby mortgage to NORMAN R. OVERACKER and ELAINE J. OVERACKER, husband and wife Mortgag.ee of PO Box 114 Smoot, WY 83126 for the sum of One Hundred and Fifty-three Thousand Nine Hundred Dollars and NO/100 ($ 53,900.00) the following described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to wit: Lot 9, Star valley Ranch Plat 11, according to the official plat of record as platted and filed in the Office of the County Clerk, Lincoln County, Wyoming. This mortgage is given to secure the following indebtedness: One note of even date herewith for $153,900.00 made payable at th~ times and place and at the rate of interest specified in the note. This mortgage is intended to cover the rents and profits of said property, and consent is hereby given after default, for the appointment of a receiver by any competent court and the receiver is llereby authorized to rent the said property and apply the proceeds on this obligation. The Mortgagors agree to keep the buildings now on said premises or hereafter erected thereon fully insured against loss by fire in some fire insurance company approved by the mortgagee, with loss, if any payable to mortgagee, during the life of this mortgage. The Mortgagors also agree to pay all taxes and assessments on said premises, including any assessments that may be levied on water rights or shares of stock used in connection herewith, or held as collateral with the above note; also any tax that may be assessed by reason of this mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the commencement of any legal proceedings for foreclosure of the same, and said attorney's fees shall be added to the amount due on this mortgage, and made a lien on the premises described herein, in case of default in the payment of any sum covenanted to be paid, either the principal or interest when the same shall become due and payable, or in case of default in the performance of any covenant herein contained, the whole amount of this indebtedness secured herein may be immediately declared due and payable, and to bear interest at the rate of 10 percent per annum Rom . the date of such default, and this, mortgage foreclosed at the option of the legal holder. In the event of default, Mortgagors grant to Mortgagees a Power of Sale to foreclose on and sell said property as public auction pursuant to 34-4-101 et seq. Wyo. Stat., 1977, or its successor. WITNESS the hand of said mortgagors, this 28th day of August, A.D. 2001 Signed in the presence of ' /' ~ Melissa Cooney State. of Wyoming } County of Teton } On the 28th day of August, A.D, 2001, personally appeared before me, Sean P. Cooney and Melissa Cooney, the signers of the within instrument, who duly acknowledged to me that they executed the same. Commissi~)n, expires: q"' t g'0 No'~. Pt[blic