HomeMy WebLinkAbout910172 RECEIVED 7/21/2005 at 4:14 PM
RECEIVING # 910172
BOOK: 591 PAGE: 807 JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
KEVIN B. ASTLE, OF P.O. BOX 4284, BEDFORD, WY 83112, (herein collectively
called "MORTGAGOR"), to secure the payment of ONE HUNDRED THOUSAND DOLLARS
($100,000.00), with interest thereon, as provided in and evidenced by a promissory note
of even date herewith (the ultimate maturity date of which is the 19th day of July, 2035) and
all renewals, modification and extensions thereof, do hereby mortgage unto JAMgS B. ASTLE
AND DONNA L. ASTLE, HUSBAND AND WIFE OF P.O. BOX 903, THAYNE, WY 83127
(herein called "MORTGAGEE"), the following described real 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:
That part of Section 29, T34N Rll8W of the 6th P.M., Lincoln County,
Wyoming described on Exhibit A prepared by Marlowe A. Scherbel
labeled "James B. Astle and Donna J. Astle, Z Tract" dated 22 March
2004.
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
than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost)
of such improvements whichever is less, which insurance shall contain an appropriate loss
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 /9~-/'~ day of July, 2005.
Kevin B. Astle
State of Wyoming
County of Lincoln
The for%qo_o_o~g instrument was acknowledged before me by Kevin B. Astle
this . /7' ~-~-' day of July, 2005.
Witness my hand and official seal.
My Commission Expires: O/_/~' -IQ 7
=rolessional Land .Surveyors
3aul N. Scherbet
Nyo. Rsgistralion Nh. t64
Jlah Regislralion No. 1870
daho Registration No. 3990
Nev~de Registration No. 5505
Scotl A. Scherbel
Wyo, Registration No. 3889
Idaho Regislfelion No. 8026
~ARLOWE A SCH~RBEL
Wyo. Ragislmlion No. 5368
Suweyo~ Sche~el, LTD,
~on, Wyoming
Big Piney, Wyoming
~ackson, Wyoming
Lava ttol Springs, Idaho
DESCRIPTION FOR
JAMES B. ASTLE AND DONNA L. ASTLE
Z TRACT
008'-:8
To-wit: - -
That part of the NEl/4NW% of Section 29, T34N R118W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in Book 135
of Photostatic Records on page 89, described as follows:
BEGINNING at a spike on the north line of said Section 29, S89°-47'-34"W, 1002.34
feet, from the northeast comer of the NW¼ of said Section 29;
thence S89°-47'-34"W, 183.81 feet, along the north line of said Section 29, to a spike;
thence S00°-12'-26"E, 236.99 feet, along a line perpendicular to said north line, to a point;
thence N89°-47'-34"E; 183.81 feet, along a line parallel with said north line, to a point;
thence N00°-12'-26"W, 236.99 feet, along a line perpendicular to said north line, to the
SPIKE OF BEGINNING;
ENCOMPASSING an area of 1.00 acre, more or less;
the BASE BEARING for this survey is the north line of the NWV4 of Section 29, T34N
R119W, being S89°-47'-34"W;
SUBJECT to an easement for the Thayne - Bedford County Road No. 12-122;
each "comer" found as described in the Corper Record filed or to be filed in the Office of
the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate
details;
each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel
reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON
WY PLS 5368", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "JAMES B. ASTLE AND DONNA L. ASTLE PLAT OF FAMILY
EXEMPT TRACT t/~/~j~ j~
WITHIN TH N½NW¼ SECTION 29 T34N Rl lSW LINCOLN
C O~[N)TY.,,yWYOMING", da uar~.,2005.
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"Modification in any way of the li.~.,~:~;~iiiiig description terminates liability of