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RECEIVED 10/13/2005 at 3:05 PM
RECEIVING # 912777
BOOK: 601 PAGE: 173
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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WILLIAM F. BURCH AND MARY M. BURCH, HUSBAND AND WIFE OF 5756
ARLINRIDGE DRIVE, HERRIMAN, UT 84065, (herein collectively called "MORTGAGOR"),
to secure the payment of ONE HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED DOLLARS
($129, 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 10th day of November,
2010) and all renewals, modification and extensions thereof, do hereby mortgage unto GARY
PAUL AND LISA PAUL, HUSBAND AND WIFE OF 1926 DRY CREEK ROAD, AFTON,
WY 83110 (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:
MORTGAGE
That part of the SE~SE~ of Section 35, T33N Rl19W of the 6th P.M.,
Lincoln County, Wyoming, being part of that tract of record in the
Office of the Clerk of Lincoln County in Book 308PR on pages 575 and
577, described as follows:
BEGINNING at a spike on the west line of s~iÍd SE~SE~, N 00°15' 3611
W, 500.00 feet from the southwest corner thereof¡
thence N 89°48'0411 E, 932.22 feet, along a line parallel with
the south line of said SE~SE~, to a point¡
thence N 00°13'4811 W, 820.88 feet along a line parallel with
the east line of said SE~SE~, to a point on the north
line of said SE~SE~i
thence S 89048'2111 W, 932.65 feet, along the north line of
said SE~SE~, to the northwest corner of said SE~SE~¡
thence S 00015'3611 E, 820.96 feet, along the west line of said
SE~SE~, to the SPIKE OF BEGINNING.
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 hereund~r, 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 7 f-'--
day of October, 20~~
William F. Burch
~AA.~urch
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The foregoing instrument was acknowledged before me by William F. Burch and Mary M.
Burch this lIb day of October, 2005.
Witness my hand and official seal.
AJtNèÙu }! ~
Notary ubllc
My Commission Expires:
9-/5-07
GLORIA K. BYERS· NOTARY PUBUC
County of ' State of
Uncoln WyomIng
My CommIssIon expires Sept. 15,2007
/