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HomeMy WebLinkAbout913724 lC( RECEIVED 11/15/2005 at 4:32 PM RECEIVING # 913724 BOOK: 604 PAGE: 810 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~:~, .~¡ ...'~ f'_~ 7~-4 <) fA f' À. t:;!! f:j I:] () .;:~ U ,13 ¢) ~ ~~ ~:l ''"' E-", r~ :A~ 41:.... 'ij fJ J~ ..(~) ;:1 .. ~~~~ (.JJ ~~~- j¡'~ f";' a. 16 J (, f, , , #"~ 1,0 ~-, r'I í'. (- -( 0 " ~:, ( >-~ } "'.,' \'C'...i.. MORTGAGE BILLY D. PETERSON AND ALLYSON PETERSON, OF P.O. BOX 454, THAYNE I WY 831271 (herein collectively called "MORTGAGOR"), to secure the payment of EIGHTY - EIGHT THOUSAND DOLLARS ($ 8 8 I 000 . 00) I with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 19th day of October, 2010) and all renewals, modification and extensions thereof, do hereby mortgage unto GLEN D. CONRAD AND CAROL A. CONRAD OF 275 APPALOOSA DRIVE, BEAR RIVERI WY 82930 (herein called "MORTGAGEE")I the following described real propertyl situate in the County of Lincolnl 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: That part of Section 6, T30N Rl18W of the 6th P.M., Lincoln County I wyoming described on Exhibit A prepared by Marlowe A. Scherbel l.abeled "Description for Lucille Yvonne Shortt Trust, Dated 3 June 19861 Tract B" dated 23 September 1999. 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 I 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 obtainedl then the whole indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale/or as otherwise authorized by governing lawl 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 shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents I 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. MORTGAGOR understands that trailer houses will not be allowed duing the duration of this loan. JlP ~oDe/¡Î bCl Witness our hands this \ \ day ofOetebeFI 2005. r' (~\ rr (JD ~~ \.' ,.' \ . t) ,.~ 1. State of Wyoming ) )ss ) County of Lincoln The foregoing inst~ment was acknowledged before me by Billy D. Peterson and Allyson Peterson this I) - day of--QyWb~H7 2005. _ ) N~v 48 Witness my hand and official seal. ß¿~¿aJ A--! M/--I!~' NotapÝ Public My Commission Expires: 9 - /5- () 7 GLORIA K. BYERS - NOTARY PUBLIC County of ,~~;, State of Lincoln !{~~þ:' Wyoming My Commission Expires Sept. 15, 2007 f ;-)S-'.~J=,~.L j-; "2(:1:- "",.........IUnd ~ OW N,_.... """,,,~....I'" _~"""I", 3_ ~/'IoQIoow."""tJo.I110 __ ............1<0. IIi05 _A.'- W¡<o. ~ No. 3W u.J,o ~"""" 110. 14" "-'-A,~ ¥t)4. /IoQI;I.--o N., S3U .......... ~..... LYa. """'.~ aog '~-t. v.sy......¡,...g ~.W~ &...w. t1U4 Sy-~~.. ~l~ ....,¡p.Jl.oI,Id.oI~¡";,.., ( " '" '.J EXHIBIT A ¡-, n 0C')í ('I ¡P;> tJ (PD o/! ··.,t,Olt:., ~y U DESCRIP110N FOR . LUCILLE YVONNJ.i: SHORTT TRUST, DATED 03 JUNE 1986 TRACT ß To-wit: . - All of the SV2NI/2SEIj.NEV~ of Section 6, T10N, R 1 \ 8W, Lincoln County, Wyoming, EXCEPTING that parcd conveyed to the State of Highway Commission of Wyoming of record in the Office of the Clerk of Linc.oln County in Book 134 of Photostatic Records on page 19, being part of that tract of record in the Ol1icc of the Clerk of Lincoln County in Book 432 or Photostatic Records on page 670, secondarily describod as f01l0ws: .BEGINNING at the northwest comer of said SlhNI/2SEIJ.NEIJ.; thence N89°-33'-27"E, l215.47 feet, along the north line of said SlhNI/2SE'I4NEI/I, 10 ä point on the westerly line of U.S. Highway 89; the~lce SOQa-1T-OG"E. ÚO.86 feet, along said westerly line, to a point on the south line of said SYiN'I2SE'I4NE'/.; . thence S89°-32'-22"W, '1215.06 feet, along said $outh line, to the soulhwest corner of said SI/2N'I2SEI/4NE '.I.; thence NOoc-21 '-16"W, 331.24 feet, along the west line of said SY:N'/2SE'/4NEI/4, \0 the CORNER OF BEGINNING; ENCOMPASSING an area of9.24 acres, more or less; the BASE BEARING for this survey is the east line of the NEI/~ of Section 6, TJON, Rl18W, being NOoo-lS'-OO"W; SUBJECT to an eusem¢nt in favor of the Cottonwood llTigalion District of record in f>aid Office in Book 93 of Photostatic RCCDrds on page 456: AND SUBJECT to easements in favor of Lower Valley Power and Light Company, lnc, of record in said Office in Book 139 of Photostatic Records on page 206 and in Book 37\ of Phätostatic Records on page 574; , , each "corner" found as. descriped in the Corner Record filed in the Office of the Clerk of Lincoln County; . ' each "point" marked by a 5/8" X 24" steel reinforcing rod wilh a 2" aluminum cap inscribed, "SURVEYÔR SCHERßEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the pl(lt prepared to be Jì\ed in the Office of the Clerk of Lincoln County titled, "LUCTLLLE YVONNE SHORTT TRUST, DATED 03 JUNEI0B6 PLAT OF TRACTS WITHIN THE SEII4NEI/~ SECTION (j T30N R118W LINCOLN COUNTY, WYOMING", dated 16 Septe b 1999. ~ "Modification in any way oLII'f;\,}oregoing description terminates liability :1 ,,~:i~~~ ;WiWf;; :'::::