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HomeMy WebLinkAbout909639 -00883 SECOND MORTGAGE TREVOR G. KUNZ, OF P.O. BOx 678, Tahyne~ WY 83127 , (herein collectively called "MORT_~__~o secure the payment of FIFTY ONE THOUSAND FOUR HUNDRED DOLLARS (~00 ~.0.~. , with interest thereon, as provided in and evidenced by a promissory note 6'~-~9-e-fl-"'~iate herewith (the ultimate maturity date of whiCh is the 29th day of JULY, 2008) and all renewals, modification and extensions thereof, do hereby mortgage unto MICHAEL R. KOCHA, TRUSTEE OF THE HACIENDA TRUST DATED FEBRUARY 21, 1992 OF P.O. Box 4~1, Thayne, WY 83127 (herein called "MORTGAGEE"), the following described reat property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: Lot 13 of Bear Hollow Twin Homes Subdivision, Lincoln County, Wyoming as described on the official Plat thereof filed June 20, 2000 as Instrument No. 866585 of the records of the Lincoln County Clerk. MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and charges levied against the Property, as the same become due and payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers acceptable to MORTGAGEE, covering the insurance improvements on the ~.Property against loss by fire and earthquakes, with extended coverage, in an amount not less ! !. ,. ~ ' tohf asnutchhe, ~_nnpPr~'¢ebma~anl: U fh ,tchheedv: ~ ti sh ;~ :sb, Y~ ~ ~cUl~ i dn's ~atnhcee~ nsShU2~ bcl~ ~'i~e a( rne; lpapCr~antteC ~oSst~ payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time. In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such taxes and assessments and may secure and pay for such insurance, and all sums so paid shall be added to and considered a part of the indebtedness hereby secured and shall draw interest at the same rate. In case default Shall be made in the payment of the above sums hereby secured, or in the payment of the interest thereon, or any part of such principal or interest, when the same shall become due; or in case of default shall be made in any of the covenants and agreements thereof, or in the event MORTGAGOR sells or conveys the Property, or any part thereof, or any interest therein, without the prior written consent of the MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with interest thereon, shall become due and payable, atthe option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale/or as otherwise authorized by governing law, to foreclose on and sell the Property, and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder, together with all costs of sale including reasonable attorney,s fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues and profits from the accruing of any such rights and during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. MORTGAGOR warrants title to the Property as to parties claiming, by through or under the MORTGAGOR only. Witness our hands this ~¢¢/~day of June, 2005~.~~/_ Trevor G. Kunz State of Wyoming ) )ss County of Lincoln ) The foregoing instrument was acknowledged before me byTrevorG. Kunzthis~/~~'''" day of June, 2005. Witness my hand and official seal. My Commission Expires: RECEIVED 6/30/2005 at 4:17 PM RECEIVING # 909639 BOOK: 589 PAGE: 883 E WAGNER LINCOLN COUNTY CLERK. KEMME RER WY ~1~ ~A~ALL . NOTARy PUg'dC, Notary Public