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Home My WebLink About913675 " n r (\ ,,', 0 .~~. \) \) ,~) ,~.. u ,',-.¡ '() 10::·...· ASSIGNMENT & AMENDMENT OF MORTGAGE THIS ASSIGNMENT & AMENDMENT OF MORTGAGE is entered into this 11 th day of November, 2005. KNO\V ALL PERSONS BY THESE PRESENTS, that, inconsideration of the sum of Ten DoJlars ($10.00) and other good and valuable consideration, receipt of which is hereby ({ acknowledged, RUSSELL H. JUILLERA T, TRUSTEE of the RusselI H. JuilIerat Family Living Trust dated the 13th day of June, 2000, P.O. Box 340, Thayne, Wyoming 83127, as "Mortgagor"; ZARA H. JUILLERA T, P.O. Box 340, Thayne, Wyoming 83127 as "Mortgagor Assignee"; and GA YLON G. HEINER and KIHSTI G. IIEINER, husband and wife, 3549 County Road 123, Bedford, Wyoming 83112, as "Mortgagee", agree to the assignment and modification of the Mortgage that was executed by Russell I-I. Juillerat, Trustee, to and in favor of Gaylon G, Heiner and Kristi Kristi G. I-{einer on December 24,2002, said Mortgage being that which was recorded in the land records of Lincoln County, Wyoming in Book 509 PR at Pages 178through 181 as Receiving No. 886770. _____ ~ 0::: ~ W « 0::: I'- W N co ~ ..... Lð~O::: ~ ..... W W ...... t---..z ::¿ co <ow<.9 t.() M<.9« ::¿ 0 -r-«s 0::: 0 0)0... W £:o! W -J "<t :::; 0 ..... z -- (9 z >- ..... I- ..... Z "I:t« O~ oW Z /.0' ::> ww 0 >0 ~ 0 -w 0 z Wo::: 0 -.J U en 0 W 0 0::: z -J 1. RusselI H. Juillerat, Trustee, M0l1gagor, hereby assigns to Zara H, J uillerat, M0l1gagor Assignee, and her heirs and assigns, without recourse, a]] obligations and rights arising from the above-referenced Mortgage. 2, Mortgagor Assignee hereby agrees to assume all of the rights and obligations arising under the above-referenced Mortgage, and to be fully bound and obligated to l'vIortgagee by the terms of said Mortgage. 3. Mortgagee hereby agrees to said assignment of the Mortgage Üom tvIotgagor to Mortgagor Assignee, and to be fully bound and obligated to Mortgagor Assignee by the terms of s¡"d Mortgage. 4. The indebtedness recited in said Mortgage is hereby restated to read as follows: "This mortgage is given to secure the following indebtedness: A Promissory Note dated December 24, 2002 in the amount of Four Hundred Seventy-One Thousand One Hundred Six Dollars ($471,106.00), payable, together with accumulated interest from December 24, 2002, at the rate of five per cent (5.0%) per annum, in annual installments of principal and accrued interest in the amount of Sixty Thousand Dollars ($60,000.00) on December 24, 2003, Seventy Thousand Dollars ($70,000.00) on December 24, 2004, One Hundred Twenty Thollsand Dollars ($120,000.00) on December 24, 2005, One Hundred Fifty Thousand Dollars ($150,000,00) on December IS, 2006, with the entire debt remaining, of One Hundred Fifty Thousand Dollars ($150,000.00) due and payable in full on January 15, 2007. Prepayment may be made at any time without penalty, but any prepayment shall not reduce the total sum due pursuant to the note," 5, All of the remaining terms of said Mortgage are hereby ratified except as amended by this Assignment & Amendment of Mortgage, a copy of which is attached hereto and incorporated herein by reference. MORTGAGOR: MORTGAGOR ASSIGNEE: ~ M. ~ Q~iA~//d/i/íéúV-~ RUSSELL H. .Hn ERA T, TRUSTEE Z~ H. .JlJILLIW T of the Russell H. Jui lerat Family Living Trust dated the 13 th day of June, 2000 ASSIGNMENT & AMENDMENT OF MORTGAGE JUlLLEHAT 1 HEINER PAGE IOF3 f 'f'" I--:J [- ùßJ¡ (' (\ r /' -:: () ,.,!,0,'_.0 MORTGAGEE: ~LA )1~ GA YL N G. HEINER 9 KRI¡_TI G. HEINER STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNO\VLEDGED before me by Russell I-I. Juillerat, Trustee of the Russell I-I. Juillerat Family Living Trust dated the 13th clay of June, 2000, pursuant to authority provided in said Trust, this 11th day of November, 2005. \VITNESS my hand and official seal. M. I<EVIN VOYLES - NOTARY PUBLIC County of State .of Lincoln Wyoming My Commission Expires July 16, 2007 My Commission expires: ~:.!jl"! 07 STATE OF \VYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNO\VLEDGED before me by Zara H. Juillerat this 11th cIay of November, 2005. \VITNESS my hand and oftìcial seal. My Commission expires: ~þJ M. KEVIN VOYLES - NOTARY PUBLIC County of A State of Lincoln Wyoming My Commission Expires July 16, 2007 ~ STATE OF \VYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me by Gaylon G. I-Ieiner and Kristi G. Heiner this 11 th cIay of November, 2005. \VITNESS my hand and official seal. ~~ M. KEVIN VOYLES.. NOTARY PUBLIC County of ,ij' State of Lincoln Wyoming ~y Commission Expires July 16, 2007 ~~~~""V'. Æ, G J L My Commission expires: 07 [Ib/öï NOTAfY PUßLI(j' ASSIGNMENT & AMENDMENT OF MORTGAGE JUILLERAT /HEINER PAGE 2 OF 3 \ r~(, ',' .U ~j .¡....,' :[' ,~., 1'· , ~." '-C' XJ¡ Ii;' <.J BOOK c:;n'·",)r) D' Or:: t 7 ß -_~-'-:"'~l L... ., "........ .1L......__-:::::______. ~ð'- / 7 /7 -"1 \ /', (J.t I/''' ,<. / .' . '- ~ -. ... ~ -, _1'''''1 1\1 0 l~TO~,-, (U~ "c/ ~. _i FECE!\!ED ..... ~ J ~,) n I' [I '. r T "i L\N¡~,{-'..,',: '.U'-' i'¡ , i C\_ER~< " :.' ! . ~,f'", ~ ". i ' I' r/~ c.t', '0' '... ,'f '," \) ".. pO __ Russell H. Juil1erat, Trustee of the Russell H. Juillerat Family Living Trust dated the 13th day of June, 2000, ùf P,O Box 340, Thayne, Wyoming 33127 (hereafter, "Mortgagor"), hereby mortgages to Gay]on G, Heiner and Kristi G Heiner, husband and wife, of 3549 Cùunty Road 123, Bedford, Wyoming 33112 (hereafter, "?vlortgagee") for the sum of Four Hundred Seventy- One Thousand One Hundred Six Dollars ($471,1 06, 00), the following described tracI ofland in Bedford, Lincoln County, Wyoming, more particularJy described as follows: The SW1/4 SWI/4 of Section 2, T33N, R1I8W, Lincoln County, \Vyoming. Together with all improvements and appurtenances thereon, Subject, however, to all reservations, restrictions, exceptions, easements, and rights-of-way of record, ';7 j o Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. 1_ This mortgage is given to secure the following indebtedness: A Promissory Note dated December 24, 2002 in the amount of Four Hundred Seventy-One Thousand One Hundred Six Do1lars ($471,106,00), payable, together with accumulated interest trom December 24, 2002, at the rate of five per cent (5 0%) per annum, in annual insta1lments of principal and accrued interest in the amount of Sixty Thousand Dollars ($60,000,00) on December 24, 2003, Seventy Thousand Dollars ($70,000.00) on December 24, 2004, One Hundred Twenty Thousand Dollars ($120,000,00) on December 24, 2005, with the entire debt remaining, of Three Hundred Thousand Dollars ($300,000.00) due and payabJe in full on December 2·+, 2006, Prepayment may be made at any time without penalty, but any prepayment shall not reduce the total sum due pursuant to the note. If all or any part of the property or any interest therein is sold, leased for more that three (3) years to anyone party, or transtèrred by any means by the rvfortgagor wirhout the Mortgagee's prior written consent, excJuding the creation of a lien or encumbrance subordinate to this MOIigage or a transfer by devise, descent or by operation ,)f Jaw upon [he death of a joint tenant, or a transfer to a farnilv tntSI of :Aongagor. iVrongagee rnay, at :Vfongagee's O])t1On, .\lORTGAGE ,JlïTLLERAT, TRUSTEE j HEINER PAGE 1 OF·+ t 'I''; ·f 1"-'11"'iO UCJ('J"0 J 1/ ,~'H-- ',C' ~ <.. w' 'I..) r' 1-" _f' i~~' :1 u (", ,.;i,. 179 declare all of the sums secured by this ?\fortgage to be immediately due and payable, The Mortgagor agrees to keep the building now on said premises or hereafter erected thereon fu]]y insured against loss by tìre, ilood, and other hazards and risks reasonably associated with the property due to its type and location. The insurance carrier providing the insurance shall be approved by the Mortgagee, ,-,vith loss, if any, payable to ìvf0l1gagee during the life of this Tvlortgage. The T\iIortgagor also agrees to pay all taxes and assessments on the property, and any taxes assessed by reason of this Mortgage or the indebtedness securecì thereby, If IYfortgagor defaults in the payment of the indebtedness, or in the payment of any installment thereof, or if they detàult in any of the covenants or agreements hereot~ then, at Mortgagee's option, the whole indebtedness shall become due zmd payable immediately, and Mortgagee may foreclose this Mortgage either by advertisement and sale of the property as provided by statute, or by action in equity. Out of the proceeds of any foreclosure sale, J'vfortgagee sha1l retain or receive an sums due hereunder, and the costs of the foreclosure sale, including reasonable attorney's fees, the same to be taxed CiS costs in any equitable action brought to foreclose this Mortgage. To fully assure the Mortgagee the benetìt of the security interest in the property granted herein, Mortgagor hereby assigns to lvfortgagee all rents and protìts hereafter payable tor LIse and occupancy of the property, said assignment to only take etTect in the event of an uncured default. If default occurs in any of the covenants and agreements herein contained, whether or not M011gagee elects to foreclose on this lvfortgage on account thereof: lv(ortgagee shall at once be entit]ed, and are hereby authorized, to coneet the rents and proíìts trom the property and to apply the same to the payment oftl1e indebtedness until such default is remedied. MOH.TG/\.GE ,J1JILLETL\T, TRUSTEE· REmER P_A(;-.1L -= t)F ~ \ "-'1,·' 1$/ ,-ll '1 /.,.'~, ';Í, :~¡""iO ~~CJ(JiO l' If, ,-., n (' ,-. (, '0 to' '.,' \_! LJ .<:,¡; So. 1°0 _ü In the event of foreclosure of this Mortgage upon det:1UIt, l'vfortgagee shall be entit]ed to possession and enjoyment of the property, 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, InvJortgagor should fail to surrender such possession to l'vJortgagee promptly upon request, Mortgagee may compel delivery thereof by an ejectment action or other appropriate civil proceeding, In addition to the remedies otherwise provided in this Mortgage and by lavv, and as a matter of right, without regard to the solvency or insolvency of the Mortgagor, the value of the property, or the sufficiency thereof to discharge the indebtedness and the costs of the foreclosure and sale, I\Ilortgagee shall be entitled to the appointment of a receiver by any competent court. The receiver is hereby authorized to rent the property and apply the proceeds to this obligation. Such receiver may be appointed upon ex parte application, without notice, such notice being waived, and the appointment of a receiver upon such application being hereby consented to by Mortgagor. In witness whereof, Mortgagor has executed this l'vfcJligage this 24th day of December, 2002. ~, &{. qj.~~t~ RUSSELL 11. JUll.l~\ T, TRUSTEE of the Russe!l H. Juillerat Family Living Trust dated the 1 J th day of JLme, 2000 ìTOHTGAGE ,JTJnLI~R.-\ T. THUSTEE, HEfNER t ¡ ~~; '".; ;:, ,;. r¡f" O· ,_;:: :__51......J. U' aI ,; } STATE OF \VYŒvITNG ) ) SS, COUNTY OF LINCOLN ) _~" . S:· ::? ~j r,"(", r " !','...., ) ',' ..,! \.' l! <.' V 1 8 ~ _ 1 On this 24th day of December, 2002, before me personally appeared Russel1 H, Juillerat, TIl.lstee of the Russell H. Juillerat Family Living Trust dated the 13th of June, 2000, to me personally known, who, being by me duly sworn did say that he is the Trustee of said Trust; that he signed the foregoing instrument on behalf of said Trust pursuant to authority provided therein; and that he acknowledged said instrument to be the free act and deed of said Trust. Witness my hand and official seal. M. KEVIN VOYLES· NOTARY PUBUC County of ~ State ,of Uncaln ~ Wyommg My Commission Expires July 16, 2003 My Commission expires: a 7/110 I ~ :;, .ìIORTGAGE ,JTJTI"LERAT, TROSTEl<: / HEJJ'ŒR PAGE..¡ OF -+ \