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HomeMy WebLinkAbout913396 / ; "l:c:l' ..'!"ji .~) (,;. ~- {) ,,~~ (:$ g f;'l (.)., bUS r:J 0 .i1 u .0 4) . (0') 7.:1 .!::;> ..... [:".! Q .""': r' d s:" ..... ~'). cr... .j:<>.". " c;l Y" .~ ;.. !!$ ~.q ~. . <It_ ~~ $.'t t;;l ~_t ~ (:' .,~ lOr) ~ :f!=~ ~ ~:I ,~~'';,p; tJ: ( I ~(ji ,1 RECEIVED 11/2/2005 at 4:16 PM RECEIVING # 913396 BOOK: 603 PAGE: 561 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY It rtir'r:;G~ '. ..... 1 MORTGAGE DEED EXECUTED this 1..- I ~ day of October, 2005, by EARL H. 'MALMROSE and SANDRA A. MALMROSE , Husband and Wife, as tenants by entireties, hereinafter called the MORTGAGOR(S), to WENDELL O'KEEFE and JERRI O'KEEFE, Husband and Wife, hereinafter called the MORTGAGEE: (Whenever used herein, the term "MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation; and the term "NOTE" includes all the notes herein described if more than one.) WIT N E SSE T H: THAT FOR GOOD and valuable considerations, and also in consideration of the aggregate sum named in the Promissory note of even date herewith, hereinafter described, the MORTGAGOR hereby grants, bargains, sells, aliens, remises, conveys, and confinns unto the MORTGAGEE, all the certain land of which the MORTGAGOR is now seized and in possession, situated in Lincoln County and state of Wyoming, more particularly described as follows, to-wit: Part of Section 12, T31N, R119W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at a point which is the Northeast comer of the SEl/4 of said Section 12 and thence South 22 rods; thence West 88.8 rods; thence South 18 rods; thence West 231.2 rods; thence North 40 rods; thence East 320 rods to the POINT OF BEGINNING. EXCEPTING THEREFROM the land contained in Warranty Deed recorded July 25, 1969, in Book 87 P.R. on Page 338 of the records of the Lincoln County Clerk. EXCEPTING THEREFROM the land described in Warranty Deed recorded October 21, 1982, in book 193 P.R. on Page 356 of the records of the Lincoln County Clerk. SUBJECT TO all easements and rights-of-way of sight and record. TO HAVE AND TO HOLD the sanle together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the MORTGAGEE in fee simple. And, the MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR is indefeasibly seized of said land in fee simple; that the MORTGAGOR has good right and lawful authority to convey said land as aforesaid; that the MORTGAGOR will make such further assurances to perfect the fee simple MORTGAGE DEED O'Keefe/Malrose Page 1 of3 :l:m~~m~mi~~~i;!i~! rJ.c.),'~ '-?3 aL' " -.:J "-oJ""'" , J U "!\nr::6' \.' :.; \} v 2 title to said land and the MORTGAGEE as may reasonable be required; that the MORTGAGOR hereby warrants the title to said land and will defend the same against the lawful claims for all persons whosoever; and that the said land is free and clear of all encumbrances. PROVIDED, ALWAYS, that if said MORTGAGOR shall pay unto said MORTGAGEE, the certain Promissory Note, dated October Z I ~, 2005, in the amount of ONE HUNDRED SIXTY-FOUR THOUSAND ($164,0002!!) DOLLARS and NOll 00, with SIX (6%) PERCENT interest, as required by said Promissory Note. See Schedule "A". The undersigned shall perform, comply with, and abide by each and every agreement, stipulation, condition, and covenant thereof, and of this Mortgage, then this mortgage and the estate hereby created shall cease, determine and be null and void. ASSUMABLE and TRANSFERABLE MORTGAGE. Each Party to this mortgage shall be bound individually, severably, and by capacity of representation by the terms therein. If all or any part of the property or any interest in it is sold or transferred without the MORTGAGEE'S prior written consent, the MORTGAGEE may at their option, require immediate payment in full of all sums remaining owed under this Promissory Note and/or mortgage. The MORTGAGEE shall give the MORTGAGOR notice of acceleration. AND THE MORTGAGOR hereby further covenants and agrees to pay promptly, when due, the principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit, or suffer no waste, impairment, or deterioration of said and/or the improvements thereon at any time; to pay all costs, charges and expenses including reasonable attorney's fees and title searches, reasonably incurred or paid by the MORTGAGEE because of the failure of the MORTGAGOR to promptly and fully comply with, and abide by each and every agreement, stipulation, condition, and covenants set forth in said Note and this mortgage, or either. In the event the MORTGAGOR fails to pay, when due, the tax assessment, property insurance, or other sum of money payable by virtue of said Note and this Mortgage, or either, the MORTGAGEE may pay the same without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate allowed by law. IF ANY SUM of money herein referred to be not promptly paid after the same becomes due, or if each and every of the agreements, stipulations, conditions, and covenants of said Note and this Mortgage, or either, are not fully performed, complied with, and abided by, then the entire sum mentioned in said Note and this mortgage, or either, are not fully performed, complied with, and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith and thereafter, at the option ofthe MORTGAGEE, become and be due and MORTGAGE DEED O'Keefe/Malrose Page 2 of3 II ~~iill~g~W~~~i~ mf~j~~~~~~~;!;i~;~ ~: j" ,(; .)' "'~, 3. -Chb ,j ......../ -'-' '<.e J t(ir~61) \,.. '...I \) v' .) payable, anything in said Note or herewith to the contrary notwithstanding; and MORTGAGOR hereby grants to MORTGAGEE, their heirs, and assigns, a Power of Sale over the property described above which may be exercised by MORTGAGEE or their heirs and assigns in case of such default as described above, and pursuant to such Power of Sale, MORTGAGEE, their heirs and assigns may foreclose on said property and sell and dispose of or cause to be sold or disposed of, the above property and all rights, title, benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns, therein, at public auction. for cash according to Title 34, Chapter 4, Wyoming Statutes as the same presently exists or may hereafter be amended. IN WITNESS WHEREOF, the MORTGAGOR has set their hand and seal the day and year first above written, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. DATED this ~ day of October, 2005. E~~ STATEOFWYOMING ) ) S8. COUNTY OF LINCOLN ) BEFORE ME, the a Notary Public in and for the State and County above- mentioned, personally appeared Earl H. MalmTose and Sandra A. Malmrose acknowledged that they executed the foregoing Mortgage Deed as their own :free act and deed. WITNESS my hand and notarial seal this 21st day of October, 2005. Ate{Y'u~/(A) /~ /) ., / n /> A / NOTARY PUBLIC /~~. My Commission Expires: 9-15-07 GLORIA K. BYERS. NOTARY PUBUC O. State of County of . Wyoming Uncoln ' My CommissIon expires Sept. 15. 2007 MORTGAGE DEED O'Keefe/Malrose Page 3 of3 I ;'