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HomeMy WebLinkAbout911454 RECEIVED 9/1/2005 at 4:23 PM RECEIVING # 911454 BOOK: 596 PAGE: 394 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY ,"'J00394 MORTGAGE HJD VENTURES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OF 350 Patchell Road, San Luis Obispo, CA 93401, (herein collectively ca~led "MORTGAGOR"), to secure the payment of ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000. o0), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 29th day of August, 2010) and all renewals, modification and extensions thereof, do hereby mortgage unto STEWART COX, JR. AND MELINDA COX COLE, AS JOINT TENANTS OF P.O. BOX 730, BLUE RIDGE, GA 30513 (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 pa,/ 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 shail 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 pandency 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 .~L/~ day of August, 2005 EJD VENTURES, LLC by Earl J. Da~.~Family Trust (.,~arl~l~ Darway, Trustee / Managing Member 00395 State of California ) )ss County of ) The foregoing instrument was acknowledged before me by Earl J. Darway this of August, 2005. Witness my hand and official seal. day My Commission Expires: Notary Public :%:'" O &Z4S4 .;7 0 0 3 9 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~1 County of ~j~'~ f~/~/,~:::~r..~~ ss. O~.__r/~ ~'~%;/-- .¢~/~;~eforeme ~. ~/~/~-~,-%¢-~"t ~. ,m/~/~ Date .... Na~eand 'Rtle~f Officer {e,~'an~ D~. N~tary Pu~ic") ' personally appeared t~.~...~ /: ~_~.,¢'~/u'~. , Name(s) of Si (s) [] personally known to me ~proved to me on the basis of satisfactory evidence COMM. #1573454 NOTARY PUI~LIC-CALIFORNIA to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ - ~ Signatur~"eCNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1999 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 · www. NationaINotary.org Prod. No. 5907Reorder: Call TolPFree 1-800-876-6827 '- O0.qg? EXHIBIT A Tract C-1 That part of the SE~/~SE¼ of Section 15, T31N, Rl l9W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 326 of Photostatic Records on page 151, described as follows: BEGINNING at the southwest corner of said SE ¼ SE ~fi; thence N 00°-36'-24'' E, 1322.98 feet, along the west line of said SE~ASE¼, to the northwest comer thereof; thence S 89°-49'-22'' E, 620.00 feet, along the north line of said SE¼SE¼, to a point; thence S 16°-46'-53'' E, 341.00 feet to a point; thence S 89°-49'-22'' E, 298.34 feet to a spike on the centerline of North Sprague Creek Drive; thence S 16°-46'-53" E, 244.88 feet, along said centerline, to a spike at the beginning of a circular curve to the right; thence southwesterly 495.69 feet, along the arc of said curve, through a central angle of 37 o_ 52'-03" with a radius of 750.00 feet and a chord bearing S 02°-09'-09'' W, 486.71 feet, to a spike; thence N 89°-52'-54'' W, 472.89 feet to a point; thence S 00°-07'-06'' W, 275.00 feet to a point on the south line of said SE¼SE¼; thence N 89°-52'-54" W, 609.76 feet, along the south line of said SE¼SE¼, to the CORNER OF BEGINNING.