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Home My WebLink About914931 000751 " ----,-,----,---._- -- ,-_.,,_. ..._- -.,.. ,------.----....-. RECEIVED 1/3/2006 at 11 :36 AM RECEIVING # 914931 BOOK: 608 PAGE: 751 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE DEED This Mortgage is given by Justin and Ashlee Wilhite, hereinafter called Borrower, of P.O. Box 7847, Jackson WY 83002, to David and Judy Nalley Living Trust, hereinafter called Lender, whích term includes any holder of this Mortgage, to secure the payment of the PRINCIPAL SUM of $24,000 together with interest thereon computed on the outstanding balance, all as provided in the Promissory Note having the same date as this Mortgage, and also to secure the performance of all the terms, covenants, agreements, conditions and extensions of the Note and this Mortgage. In consideration of the loan made by Lender to Borrower and for the purpose expressed above, the Borrower does hereby grant and convey to Lender, with MORTGAGE COVENANTS, the land with the buildings situated thereon and all the improvements and fixtures now and hereafter a part thereof and having a legal description of: Lot 9 in Star Valley Ranch Plat 16, Lincoln County, Wyoming \S Borrower further covenants and agrees that: l. No superior mortgage or the note secured by it will be modified without the consent of Lender hereunder. 2. Borrower will make with each periodic payment due under the Promissory Note secured by this Mortgage a payment sufficient to provide a fund from which the real estate taxes, betterment assessments and other municipal charges which can become a lien against the mortgaged premises can be paid by Lender when due. This provision shall be effective only in the event that a fund for the same purpose is not required to be established by the holder of a senior mortgage. 3. In the event that Borrower fails to carry out the covenants and agreements set forth herein, the Lender may do and pay for whatever is necessary to protect the value of and the Lender's rights in the mortgaged property and any amounts so paid shall be added to the Principal Sum due the Lender hereunder. 4. This property shall not be used for collateral until the total amount has been paid to Lender 5. In the event that any condition of this Mortgage or any senior mortgage shall be in default as specified in the Promissory Note, the entire debt shall become immediately due and payable at the option of the Lender. Lender shall be entitled to collect all costs and expenses, including reasonable attorney's fees incurred as noted in the Promissory Note. 6. In the event that the Borrower transfers ownership (either legal or equitable) or any security interest in the mortgaged property, whether voluntarily or involuntarily, the Lender may at its option declare the entire debt due and payable. 7. This Mortgage is also security for all other direct and contingent liabilities of the Borrower to Lender which are due or become due and whether now existing or hereafter contracted. 8. Borrower shall not commit waste or permit others to commit actual, permissive or constructive waste on the property. /ì \) v , A0~ ~Ar1 ,.;.-. _':""'~lõ""-Y"'¡'"''_''' -. '~"'-'~:"-'-'.~~"-_;;'~or-..;o,:t..r.....~..*_"."-..=~_,,,..,~:...", 1-" ''- ···,".'...r.....-.:......·.·.'."'¡.;, ,.,_. ,'..... " ..... '-_···"::·'.:.;:.,,:z:·,,=;;.~,,.,~ô<.'J'ìT:"'"F.~.h'."·~w"...'.,.:.I.........·.,.,..j.".... . lli':';"~':';'E] ._~ ;' :,' ,'¡', ': ','.l - ; f'·'.' ',',':',",'1' .'; : ......·.._~t,.,.;...· . ~~illm~m;~~j Q "_<;""'!ìQ r~"", , "t';0"H"i,,-,1'1-~~U...L~"t.~'i·~~'.I"N ,.... 5 2 *~:;,;;¡!*?i;~~Ú~ij ¡:;:;$.:~~ì')i::::: ; . '--J ," ",', '.'" ",."d ..' "'~".!i:."}'o" , t1, n I ",...},'._t'.~,...';'1:;'..':i,_~' .'. ,..... a:. .. ~ . \ \..ì 9. Borrower further covenants and warrants to Lender that Borrower is indefeasibly seized of said'laÍ1d in fee simple; that the Borrower has lawful authority to mortgage said land and that said land is free and clear of all encumbrances except as may be expressly contained herein. This Mortgage is upon the STATUTORY CONDITION and the other conditions set forth herein, for breach of which Lender shall have the STATUTORY POWER OF SALE to the extent existing under State law. Executed under seal this ISrl-/- day of b f;.c e i11 66R- , 2005. QJJ ¿ ~/ '1 ù~UL.b _ Ashlee Wilhite, }forrower STATE OF WYOMING ) COUNTY OF TETON ) On I teE gt.t::- I ç r¡.-!- ;;;>"OOS;- before me, Ashlee Wilhite and Justin Wilhite personally appeared or personally own to me (or provide to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons executed the instrument. WITNESS my hand and official seal. Signature fl. A. /11 ~ ~ My commission expires A---v(;-¡/5 r / -3 , ;;;lot) 8 . / [R A McCAIN' . COUNTY or STATE OF TErON WYOMING MY COMMISSION EXPIRES AUGLlST 13,2008 ,.~~r~.~~~ ~ ~_~ Mfiant {-Known ill Produced Unknown ill Produced (seal) &) r·.''",!,·.·.·...:.,.'.' ,,,..'."..'., .:;" '.'·~.f.'. ':''';4;'''-;'"';~ 'a"...... "~""'-;'-''''''''_V"·.';',' , ,-. ...-....."..." 0-'. ""!',-,.". . .- .,-, '''·~'','-_-.'"f·...., .."''',.'''''''" 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