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HomeMy WebLinkAbout915767 RECEIVED 2/3/2006 at 4:30 PM RECEIVING # 915767 BOOK: 611 PAGE: 547 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY \~ ,.00547 t if ] Uf-, Vi';::! Jif ~~ ,jØ F l: lL ~ .~ \ MORTGAGE ~SS~ L;J.ItBNn, ,rONA'œO~ ~1I£:lm2, AND PAMELA LelilENSS OJ;' t>Ö~~ J ~ u "'\. .Æ'r.~V'- lJJ Y Sð ò II C) . ,(herein collectively CilllICld -MORTGAGOR"). to ¡ecure the payment ofSBVENTY THOUSAND DOLLARS '$70,000.00). wIth intere51 thereDn. IlIiI provIded in and evidenced by a promissory nQt. of even data herewith (the uJtlm8'l1 maturity date of which ie the 27th day of January, 2012) and all rana Is. odification an e ensions t er do hereby mortgage unto KILLIAM P. VOGT OF lð Iherein called -MORTGAGEE-), thl following described real property, situate in tha County of lincoln, State of Wyoming, hereby raleaslng aCId Wiving an rlghw under and by virtue of the homesteed exemption lawS of the 5tate of Wyoming, to-wlt: sn AT'l'Acasn EXBIJIlT A FOR t.BGAL D!:SCRIPTION. MORTGAGOR agrees to pay the Indebtedness hereby secured; to pay all t8Xes, assessmel\'t$ and charge5 levied against tM Property, as the same becgrne due end payable; to secure. maln"ln and fum;$h MORTGAGEE evidence thereof. insuranca with &In Insurance carrier or carritre acceptable to MORTGAGEE. covering the il'liurence improvements on the Property against 101llS by fire and eilrthquakls, with extlll1ded coverage, In an amount not lel& than the unpaid balance of tho debt hereby ..cured, or the insurable value Ireplacement cost) of IUch improvements whichever Is lass, which In¡urene. $hall contain an IIppropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as the¡- re$pective interests may eppear trom time to time. In the event MORTGAGOR fall. to pay liuoh taxes or 1IS.....menta. or fails to keep and maintein such Ineur.nce al herein provided, MORTGAGEE; may pay euch tBXes and nsenmBnts 1100 may secure and pay for euch Insurance, Bnd all sums '0 paid shall be added to and considered a part of thell'ld,t:rtldnllss hereby 8eÇ\lred and ,hall draw ¡ntereet at the earne rate. In cue default ¡hall be made in the peymtnt of the above sums hereby secured, or In the payment 01 thelntereet thereon. Dr any pin of .uch principal or interest, when tha same .hell bllcome due; or In oBle of def,últ shall be made in e,1'/ áf the CDvenants and agreements thereof, or in the event MORTGAGOR $ell. or convllYs the Property, Dr any part thereof. or any intèt.~t therein. without the prior wrlUen conslnt of the MORTGAGEE first had and obtaIned, then the whole Indebtednen hereby secured. wltl't interest thereon, shall becoma due and payable, atthe option of MORTGAGEE, end MORTGAGEE'S leglll repr.sentatlves and Blsign:l. rn.y proceed by advartisement and nil/or as otherwise iliuthorized by governing law, to foreclose on and sell the Property, and out of the ørooeeds of such sale. MORTGAGEE shall PlY all sums due hereunder, together with all costs of ..11 Including reasonable ettomey's fees. If the proceed. of thl foreclosure ..'e are insufficient to øay tM' Indebtedness hereby secured and foreclolUre costs, MORTGAGEE ,hell be entitled to a deficiency judgment. In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE shall 8tonce become entitled to excluaive pO$sesslon, usellnd enjoyment of the PropertY, and to all rel'ltl, Issues and profitt from the accruing of .ny such righ1s IInd dú/'ing the pendency of the foreclo$ure proceedings, and the period of redemptIon, If any there be. MORTGAGOR warrants title to the Proplrty 81 to parties claiming, by through or under the MORTGAGOR only. Wi1nese our hllnd. this _ day of January, 2008. '7 ,.") ¿.r J ) JessI Llla.nne ~la d&Án~ Pamela LeBennl . v £121' 6 US ¿ø£ £1: 091LS7ì67 '~ 0 C 5 4 8 County of ) )ss ) State of Hawaii The foregoing instrument was acknowledged before me by Jesse LaBenne this day of January, 2006. Witness my hand and official seal. Notary Public My Commission Expires: ~. /)11 State of ' ling Jf1Jw Itf/ County ofJ...ineoln ft.I)J if'. ) )ss ) The foregoing instrïrent was acknowledged before me by Jonathan laBenne and Pamela LaBenne this ,2') day of January, 2006. ....." ~~ ()¡I!Þ/M 1/ /I O~ry PUb;;C Witness my hª~ and official seal. ~"~,~~,~;~~ r <~t.,'\:\ '... ' 90'd ~096 ¿¿8 ¿0£ 0) ~llIl lS3MHlnos 91:v1 900~-¿~-N~r " .fì.<l1,.,1 r--:~C I""j 'U..:::J¿~{¡U6 ". (, n r e=: 4 9 'w" \., '-.. '-J EXHIBIT A The Vogt property, as referred to in the Deed recorded In Book 308PR on Page 333, and the Thurman property as referred to in the Deed recorded in Book 517PR on Page 162 with the Office of the Clerk of Lincoln County, Wyoming, within the Se%NE%. of Section 1, T32N R119W of the 6th P,M., Lincoln County, Wyoming, the metes and bound being more particularly described as follows: BEGINNING at an Aluminum Capon Iron Pipe marking a point in the South line of the Grover Townsite, said POINT OF BEGINNING being 282.39 feet S 89°04'46" W, along said South line from the Referenced Spike marking the Paul N. Scherbel RlS 164, 1982 location for the Northeast Corner of said SE ~ NE % ; thence 50°37'10" W, 266.00 feet to an Aluminum Cap on Iron Pipe marking 8 point in the South line of the Thurman property as referred to In the Deed recorded in Book 141 PR on page 158, with the Office of the Clerk of Lincoln County, Wyomlng~ thence S 89°04'46" W, along said South line, 137.92 teetto an Aluminum Cap on Iron Pipe; thence N 1 °46'55" E, 266.19 feet to an Aluminum Cap on Iron Pipe marking a point in said South line of the Grover Town Site: thence N 89D04'48" E, along said South line, 132.59 feet, to the POINT OF BEGINNING. ¿0'd ~096 ¿¿8 W£ ", ~::t:~:::::::::::t::.:' ~~:J OJ 3ìl I 1 lS3MHJm~ q1 :171 QIil1il7-J,7-I\JHr