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RECEIVED 1/1 (::f;:¡:¡:¡:¡:¡:¡:¡::at 4:00 PM
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RECEIVING if'!H 5095
BOOK: 609 PAGE: 487
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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MORTGAGE
REED S. CLARK, OF P.O. BOX 143, SMOOT, WY 83126, (herein collectively called
"MORTGAGOR"), to secure the payment of EIGHTY-FIVE THOUSAND DOLLARS
($85,000.00), with interest thereon, as provided in and evidenced by a promissory note
of even date herewith (the ultimate maturity date of which is the 4th day of January, 2007)
and all renewals, modification and extensions thereof, do hereby mortgage unto NORMAN R.
OVERACKER AND ELAINE J. OVERACKER OF P.O. BOX 114, SMOOT, WY 83126 (herein
called "MORTGAGEE"), the following described real property, situate in the County of Lincoln,
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 Lot 1 of Section 6, T30N R118W of the 6th P.M., Lincoln
County, Wyoming and part of that tract of record in the Office of the
Clerk of Lincoln County in Book 165PR on page 328 described as follows:
Commencing at the northeast corner of said tract, S 07°01.6' W, 598.36
feet from the northeast corner of said Section 6 found as described in the
Certificate Land Corner Recordation Certificate filed in the said Office;
thence S 89°44.2' W, 3.22 feet along the north line of said tract to
a point on the west line of State Highway 89, the point of
beginning;
thence continuing S 89°44.2' W, 226.82 feet along said north line
and an existing fence line to a point;
thence S 00°13.1' E, 190.13 feet to a point on the south line of
said tract;
thence N 89°44.7' S, 226.16 feet along the south line of said tract
and an existing fence line to a point on the said west line;
thence N 00°01.1' W, 190.17 feet along said west line to the point
of beginning.
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, 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,
oJ () or fails tad keep and maintadin such insurancde as hferein Phr~vided, MORTdGA'IGEE may pa'Yd sUhChl1
taxes an assessments an may secure an payor suc Insurance, an a sums so pal s a
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
obtained, then the whole indebtedness hereby secured, with interest thereon, shall become
due and payable, atthe option of MORTGAGEE, and MORTGAGEE'S legal representatives and
assigns, may proceed by advertisement and sale/or as otherwise authorized by governing law,
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, 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.
Witness our hands this If
day of January. 2005./{ -/J' eL-
I Reed S. Clark
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GSjl5095
State of Wyoming
County of Lincoln
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)55
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C00488
The foregoing instrument was acknowledged before me by Reed S. Clark this 4 day
of January, 2005.
Witness my hand and official seal.
My Commission Expires:
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GLORIA K BYERS. NOTARY PUBLIC
County of
UncoI" State of
My C WyomIng
ommlssron expires Sept. 15, 2007