The URL can be used to link to this page

Home My WebLink About914904 ~~~ :}I· ~ ~t . .~~ ]11 ~. (I. ;g, ~1J~ I r;tXI~""'?:.: ::::~::::;:¡::::::!!::': 1':'&-:~~~:~1!:~;;, j .. RECEIVED 12/30/2005 at 4:32 PM RECEIVING # 914904 BOOK: 608 PAGE: 629 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COC629 _.- ~--_._- - --- REAL ESTATE MORTGAGE- - KNOW ALL MEN BY THESE PRESENTS, that PRONGHORN PROPERTIES, LLC, a Wyoming Limited Liability Company, referred to as Mortgagor, ofP .0. Box 7, LaBarge, Wyoming 83123, to secure payment of the principal sum of one hundred forty thousand dollars and no cents ($140,000.00), with interest at the rate of ten percent (10%) per annum, as evidenced by a Promissory Note dated of even date, herewith payable to the order ofWILBURL. BARRY, JR. of HC 65 Box 1, LaBarge, Wyoming 83123, herein referred to as Mortgagee. Mortgagor hereby mortgages to the Mortgagee, the following described real estate, situated in the Town of LaBarge, County of Lincoln, State of Wyoming, as follows, to-wit: J Beginning at the northwest corner of Lincoln County Lot Nineteen (19) as shown on Lincoln Metes and Bounds Plat Number Two (2); thence S 89846' E, 790 feet along the north border of Lincoln County Lots Nineteen (19) and Twenty (20) thence S 32845' E, 220.51 feet; thence N 89846' W, 910 feet to the west boundary of Lincoln County Lot Nineteen (19); thence N 0814' E, 185 feet in a northerly direction along the west boundary of Lincoln County Nineteen (19) to the point of beginning. The above and foregoing being a parcel of real property that is a part of Lincoln County Lot Nineteen (19) and Lincoln County Lot Twenty (20), containing 3.60 acres, more or less as varies the survey thereof, situate in Section 6, T26N, R112W, 6th P.M., Lincoln County, Wyoming, together with all improvements and appurtenances thereon situate or in anywise appertaining thereunto. ~ AND Lots Eight (8), Nine (9), Ten (10) and the west ten (10) feet of Lot Eleven (11), all in Block E of the Riverview Addition to the Town of LaBarge, Lincoln County, Wyoming and said Lots and Block are laid down and described on the official plat of the said addition on file and of record in the Office of the County Clerk and Ex- Officio Registrar of Deed in and for said County and State. Mortgagor hereby relinquishes and waives all right under and by virtue ofthe homestead laws of the State of Wyoming and covenants that they or it is lawfully seized of the premises, that they are free from all encumbrances, and hereby covenants to warrant and defend the title of the premises against the lawful claims of all persons whomsoever. And the Mortgagor covenants with the Mortgagee as follows: 1. At the option of Mortgagee, this Mortgage shall become due and payable in full in the event of the sale or transfer of the property either by deed or contract for deed. 2. Mortgagor will pay the indebtedness as herein provided. Mortgagor reserves the right to pay the debt in whole, or in part on any date prior to maturity, without penalty. 3. Mortgagor will pay all ground rents, taxes, assessments, water rents or costs and Land\Bany'.Mortgage-Pronghom -1- OSf.ét904 ,.. L00630 other governmental or municipal charges, or other lawful charges, and will promptly deliver the official receipts therefor to Mortgagee. In default thereof, Mortgagee may pay the same. 4. Nothing shall be done on or in connection with the property that may impair Mortgagee's security hereunder; Mortgagor will not commit, permit or suffer any waste, impairment or deterioration of the property nor any part thereof, and the property shall be continuously maintained in good and sightly order, repair, and condition by Mortgagor at their or its expense. 5. In case Mortgagor defaults in the payment of ground rents, or any taxes, assessments, water, or other governmental or municipal charges, or other lawful charges as herein provided, Mortgagee may, after providing thirty (30) days written notice or demand, pay the same and Mortgagee may effect such repairs as it may reasonably deem necessary to protect the property, at the expense of Mortgagor. Mortgagor shall repay such sums so paid and all expenses incurred by Mortgagee, with interest thereon ITom the date of payment, at ten percent (10%) per annum, and the same shall be a lien on the premises and be secured by the Note and by these presents; in default of making such repayments the whole amount hereby secured if not then due shall, if Mortgagee so elects, become due and payable forthwith, anything herein contained to the contrary notwithstanding. 6. In the event the property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby, Mortgagor binds itself to pay the unpaid balance, and Mortgagee will be entitled to a deficiency judgment. 7. In case default is made in the payment, for a period of thirty (30) days after the same shall become due and payable, of the indebtedness hereby secured, or of any installment thereof or any part thereof, or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, inclusive of principal, interest, arrearages, ground rents, if any, taxes, assessments, water charges, expenditures for repairs or maintenance, together with all other sums payable pursuant to the provisions hereof, shall become immediately due and payable, at the option of Mortgagee, although the period above limited for the Land\Bany\Mortgage-Pronghorn -2- m~r~ _ii.' "'·l~"J·"·"~;-~·'~· '·:·:·:!r·:~:,·:',<;,. ¡:::::::i::t:I;:::ii¡':~ ·~~ú ,t;.,.~ ¡¡;:¡.r···..·'¡··:ill:...·1 11t¡.~.;*~~. .~1, :~:;~:!~~~~:~:~ '"1 C-';Î ,..~ 0011, U'"-'.......~J "-t: ,.. G00631 payment thereof may not have expired, anything herein before or in the Note contained to the contrary notwithstanding; any failure to exercise such option shall not constitute a waiver ofthe right to exercise the same at any other time; and it shall be lawful for Mortgagee to proceed to enforce the provisions ofthis mortgage either by suit at law or in equity, as it may elect, or to foreclose this mortgage by advertisement and sale of premises, at public auction forcash, according to Wyoming Statutes governing mortgage foreclosures, and cause to be executed and delivered to the Mortgagor at any such sale a good and sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such sale first to the payment of the costs and expenses of such foreclosure and sale and in payment of all moneys expended or advanced by Mortgagee pursuant to the provisions of Paragraph 5 hereof, or other appropriate Paragraph hereof, and then to the payment of the balance due on account ofthe principal indebtedness secured hereby, together with interest thereon and the surplus if any, shall be paid by Mortgagee to Mortgagor. There shall be included in any or all such proceedings a reasonable attorney's fee. In case Mortgagee fails promptly to foreclose on the happening of any default, it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues, and shall not be prejudiced in its foreclosure rights in case of further default. 8. In case of any default whereby the right of foreclosure occurs hereunder, Mortgagee shall at once become entitled to exclusive possession, use, and enjoyment of all property, and to all rents, issues, and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if there is any; and such possession, rents, issues, and profits shall at once be delivered to Mortgagee on request, and on refusal, the delivery of such possession, rents, issues and profits may be enforced by Mortgagee by any appropriate civil suit or proceeding, including action or actions in ejectment, or forcible entry, or unlawful detainer or other proper legal action; and Mortgagee shall be entitled to a receiver for the property and all rents, issues, and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if there Land\Bany\Mortgage-Pronghorn -3- ; p', f' _. _ l00632 ~j Z/' ."iI Go 11. "- -'Y~ ~ is any, and shall be entitled thereto as a matter of right without regard to the solvency, or insolvency of Mortgagor or the then owner of the property, and without regard to the value ofthe property or the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and expenses. 9. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular shall include the plural, the plural the singular and the use of any gender shall include all genders. 10. The Mortgagor hereby releases and forever quitclaims to Mortgagee all its rights of homestead in and to the above-granted or described premises. 11. Mortgagee shall have the right to declare the default of the Mortgagor upon the Mortgagor's failure to fulfill its obligation stated in anyone or more of the above Paragraphs, and to proceed pursuant to anyone or more of the above Paragraphs. The Mortgagee may also declare a default upon anyone or more of the following: a. The failure of the Mortgagor to make any payment required in this Agreement for a period of thirty (30) days after the same shall become due and payable; b. The failure ofthe Mortgagor to abide by anyone ofthe terms and conditions of this Agreement; c. The filing of a petition for the adjudication of the Mortgagor as a bankrupt. 12. The undersigned hereby certify and guarantee and represent they have the right and authority to sign this mortgage on behalf of Pronghorn Properties, LLC. r~ Dated this 30 day of Q ¿C-~N'\..-C-u- ,2005. ,:;/~~~ Pronghorn Properties, LLC, Mortgagor, by Leo E. Hakola, Member STATE OF WYOMING ) )ss. COUNTY OF LINCOLN ) .(\ The foregoing Real Estate Mortgage was acknowledged before me this.30-k.. day of ~.IA1.b.;- ,2005, by Leo E. Hakola, Member of Pronghorn Properties, LLC. $IEIœf SANIWl. . HOTARY PIAIUc C:owivol _ Slåol UIdI .. ~ J~ Notary Public My Commission Expires: ~ WITNESS my hand and official seal. C»-o ðO ~ LandIBany\Mortgage-Prongborn -4- ~.'·.":c""¡'"'.m ¡¡m~tm~*JiŒF r,j·,·¡...·.",',l.v.';!1 ffiillI~I~Œf !i\, ;~m~l¡~~§J, " (¿3 STATE OF NEW MEXICO ) )ss. COUNTY OF SANTA FE ) The foregoing Real Estate Mortgage was acknowledged before me this ~ 8 day of :Jlœ.e.m.b..t.A- .2005, by Lauri J. Hakola, Member of Pronghorn Properties, LLC. WITNESS my hand and official seal. ~~ú Notary Public My Commission Expires: ..3 _l-{ _ OC¡ Land\Barry\Mortgage-Pronghom -5- , ¡it