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HomeMy WebLinkAbout912375 ~~,. ~ ~ l-f ,., 8fl ï:i ~ .~ 0.. ,~§ ..~ (.) ..8 v.. ..~ ~ "~'1.t-o ,~ -~o $;I "'" S) C.? ;:..,. ft ~l~\ g f! j;!: .... 'j .r:¡ ..... t ..... ~ .~ :t; 5 ;;: .~ "J :t.:i t:~~ :;~ ,1'1'"""" '1 ..a.~ot1 ,~~ ~ :.t ? J ~ l 1.', li.',¡i.,,"I i~'\".; ~:if,:::::~~;m;~~¡:: ..: 0 118 ' '-' v ~. 9 MORTGAGE KNOW ALL PERSONS BY THESE PRESENTS, that W ALTER R. SHANNON, and BARBARA H. SHANNON Trustees of the Shannon Living Trust Dated Oct. 6th 2003, of 112 Old Bridge Rd. P.O. Box 820, Milford, Pennsylvania 18337, Mortgagors. hereby mortgage to VAL D. PENDLETON and SHELLEY J. PENDLETON, joint tenants with right of survivorship, of 1717 Co. Rd. 117, Thayne, Wyoming 83127. Mortgagees, for the sum of Eighty Three Thousand Dollars ($83,000.00), the following described ~eal estate situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: . Lot 1, Haystack Mountain Ranch Subdivision, Lincoln County, Wyoming. Subject to all easements, exceptions, restrictions, reservations, and rights of was of record. -, This Mortgage is given to secure the following indebtedness: Promissory Note from Walter R. Shannon and Barbara H. Shannon Trustees of the Shannon Living Trust Dated Oct. 6th 2003, to Val D. Pendleton and Shelley 1. Pendleton dated Aug. .29, 2005, in the amount of Eighty Three Thousand Dollars ($83,000.00). . The Mortgagors agree to keep any building hereafter erected on the premises fully insured against loss by fire, flood, and other hazards and risks reasonably associated with the premises due to its type and location. The insurance carrier providing the insurance shall be approved by the Mortgagees, with loss, if any, payable to Mortgagees during the life of the Mortgage. The Mortgagors also agree to pay all taxes and assessments on said premises, and any taxes assessed by reason of this Mortgage or the indebtedness secured thereby. If Mortgagors default in the payment of the indebtedness, or in the payment of any installment thereof, or if they default in any of the covenants or agreements hereof, then. at Mortgagees' option, the whole indebtedness shall become due and payable forthwith, and Mortgagees may foreclose this Mortgage either by advertisement and sale of the premises as provided by statute, or by action in equity. Out of the proceeds of any foreclosure sale, Mortgagees shall retain or receive all sums due hereunder, and the costs of the foreclosure sale, including reasonable attorney's fees, the same to be taxed as costs in any equitable action brought to foreclose this Mortgage. RECEIVED 9/30/2005 at 4:30 PM RECEIVING # 912375 BOOK: 599 PAGE: 819 JEANNE WAGNER . - -. .. - -... .~~ _I '-I"""rol/ 1.I'~a.IIIlIlt::Ot:D \^N " J="~L¡·J!,,~j~·;":~':¡~l;'.' ,': J.~'~'i'..j',~:¡;.=;":- .".,....-...., ~,y...I..,,_.,': '"';La':':I-"':,:,,",- ',"<"'-",!.~>:~j¡j,,-~' J.,!:'~." ;,,,r;,r~' 1"é$::.:t~F"!'.:\',,!,"'·"" f '~·''-;''''''''-''''''','-:''"''!.,f¡! 1.:",::.;;",_,:,',,:0.,-,--. ..,'\:", ; ~ n\(.'\'~ -'''375 U-..J~k:J "0 f\ 8 .'"' 0 '.' l). ¿ If all or any of the property or any interest therein is sold, or transferred by any means by the Mórtgagors without the Mortgagees' prior written consent, excluding the creation of a lien or encumbrance subordinate to this Mortgage or a transfer by devise, descent or by operation of law upon the death of a joint tenant, or a transfer to a trust of Mortgagors, Mortgagees may, at Mortgagees' option, declare all of the sums secured by this Mortgage to be immediately due and payable. Mortgagees' written consent to any sale, lease, or transfer by any other means by Mortgagors shall not be unreasonably withheld. To fully assure the Mortgagees the benefit of the security interest in the premises granted herein, Mortgagor hereby assigns to Mortgagees all rents and profits hereafter payable for use and occupancy of the premises, said assignment to only take effect in the event of an uncured default. If default in any of the covenants and agreements herein contained, whether or not Mortgagees elect to foreclose on this Mortgage on account thereof, Mortgagees shall at once be entitled, and are hereby authorized, to collect the rents and profits from the premises and to apply the same to the payment 'of the indebtedness until such default is remedied. In the event of foreclosure of this Mortgage upon default, Mortgagees shall be entitled to possession and enjoyment of the premises, and the incident rents and profits thereof, from the time of such default and for and during the pendency of the foreclosure proceedings and the period of redemption, if any. If Mortgagors fail to surrender such possession to MOligagees promptly upon request, Mortgagees may compel delivery thereof by an ejectment action or other appreciate civil proceeding. In addition to the remedies otherwise provided in this Mortgage and by law, and as a matter of right, without regard to the solvency or insolvency of the Mortgagors, the value of the premises, or the sufficiency thereofto discharge the indebtedness and the costs of the foreclo'sure and sale, Mortgagees shall be entitled to the appointment of a receiver by any competent court. The receiver is hereby authorized to rent the premises and apply the proceeds to this obligation. Such receiver may be appointed upon ex parte application, without notice, such notice being waved, and the appointment of a receiver upon such application being hereby consented to by Mortgagors. WITNESS our hands this Jlt> t:h dayof~~ '200~~ ~ ~-~- --,}~ , arbara ~hannon Trustee ~1?_~,~ Walter R. Shannon Trustee ;:>:;:::i§:¡*I::::::; l.~:itl;~tk;::~~;::~: .. '"U,.:'".,;¡'", , --}u.:!d;I:I; ;·:;:;:;;'?;'~·:"·-' '-:~"'~,,!i"i. . ',.., 0:51'12 :.r-ì'5 State of Pennsylvania County of flf:;:.é: ~0mmmm~~ . ·.....f.I..~t....,' ~.c'.-\¡-':;,~'-'''r,'''!õ;~.,,~·~ '-', ''':,~,'';'.;~,'t:<'.:L.:-"..:; "",," -', ,-,- ,",' ':."t~~:.;'_:,:,.ú,:..,., "",.'.':it·<'"~' :rl';F~.:!,.~.r¡"1::'i.."'..""';";" '----",. -'" ',.~. ,-'" ,,', . ) . )ss. ) The foreg<?~ instrument 'Yas acknowledged before me by Walter R. Shannon this /? dayofQ~~~,2005. Witness m hand and official seal. Notarial Seal ~ Eric L. Hamill, Esq.,Notary Public Milford Bore, Pike COUl'lty , (' My Commission Expìres April 17, 2006 Notary Public My Commission Expires: State of Pennsylvania County of PI ç:¿Ç--' ) )ss. ) '~00821 The forego~ instrument was~cknowledged before me by Barbara H. Shannon this (6/ day of ~~ß'é( , 2005. Notarial Seal Eric L. Hamill, Esq.,Notary Public Milford Bom, Pika county My Commission Expires April 17, 2006 My Commission Expires: official seal. NOffiryT~