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HomeMy WebLinkAbout910278MORTGAGE JAMES H~ DYER AND SUSAN DYER, HUSBAND AND WIFE, OF P.O. BOX 1267, ELK GROVE, CA 95759, {herein collectively called "MORTGAGOR"), to secure the payment of TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 22nd day of July, 2010) and all renewals, modification and extensions thereof, do hereby mortgage unto MET B. JOHNSON, TRUSTEE OF THE MET B. JOHNSON REVOCABLE LIVING TRUST dated October 3, 1996 OF P.O. BOX 1207, 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: Lot 85 of Star Valley Ranch Plat 12, Lincoln County, Wyoming as described on the official plat thereof. 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 ~-- RECEIVED 7/26/2005 at 3:22 PM RECEIVING # 910278 BOOK: 592 PAGE: 230 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY --~'~mes H. Dy"r./ Susan Dyer D'y ~uthwest Title Companl/ State of Wyoming County of Lincoln ! )ss The foregoing instrument was acknowledged before me by James H. Dyer and Susan Dyer this ~.~k. day of July, 2005. Witness my hand and official seal. unty, of ~ State ef~' '