HomeMy WebLinkAbout911072"00c, 57
MORTGAGE
FREDRICK R. TRUJILLO, OF P.O. BOX 1514, GREEN RIVER, WY 82935, (herein
collectively called "MORTGAGOR"), to secure the payment of TWENTY FOUR THOUSAND
DOLLARS ($24,000.00), with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is the 4th day of
July, 2008) and all renewals, modification and extensions thereof, do hereby mortgage unto
MARTHA D. BERTOT AND DOUGLAS J. BERTOT, JOINT TENANTS OF 401 RUBY STREET,
KEMMERER, WY 83101 (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:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION.
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 /T~''- day of August, 2005.
Fredrick P~r~uj ill o
State of Wyoming )
)ss
County of Lincoln )
was acknowledged before me by Fredrick R. Trujillo this
The
foregoing
instrument
day of August, 2005.
Witness my hand and official s~ai~,aL, yu~LL. N0~y"~.U~UC :-i
My Commission Expires: ('~~
~(otary Public
RECEIVED 8/19/2005 at 4:17 PM
RECEIVING # 911072
BOOK: 595 PAGE: 57
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEN: WY
LEGAL DESCRIPTION
A parcel of land located in Tracts 45, 46 and 52 of the resurvey of Section 23, T21N Rll6W
of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows:
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COMMENCING at a brass cap being corner//3 of Tract 50 of said resurvey and running thence
S 0°01'26" W, 760.90 feet along the tract line to a point on the east boundary of Canyon Road;
S 23013'45'' W, 274.55 feet along said boundary to the Point of Beginning;
S 89o45'47'' E, 432.72 feet along the south boundary of the Cheek parcel to a point;
S 5034'48'' E, 256.19 feet along the westerly boundary of Paper Collar Row parcels to
a point;
S 9°17'42'' E, 114.82 feet along said boundary to a point;
N 79°19'12'' E, 101.37 feet along said boundary to a point;
S 9°17'48'' E, 200.30 feet along said boundary to a point;
N 79°19'12'' E, 13.66 feet along said boundary to a point;
S 9°05'19'' E, 225.55 feet to a point being the southwest corner of the Harrower
Apartment property;
S 70058'48'' W, 583.68 feet along the northerly boundary of Four Way Investment
Properties;
thence S 75006'03'' W, 171.09 feet along said boundary;
thence N 67°20'15'' W, 69.32 feet along said boundary to the intersection with the easterly
boundary of Canyon Road;
thence northerly about a curve to the left along the said easterly boundary of Canyon Road,
having a radius of 634.5 feet, long chord bearing N 10056'26'' E, 257.74 feet;
N 0046'44'' W, 411.96 feet along said boundary to a point beginning a curve to the right;
northerly about a curve to the right along said boundary, having a radius of 565.5 feet,
long chord bearing N 11°14'11'' E, 235.13 feet to a point;
N 23013'47'' E, 88.19 feet along said boundary to the Point of Beginning.
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