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Home My WebLink About916521 RECEIVED 3/9/2006 at 4:06 PM RECEIVING # 916521 BOOK: 614 PAGE: 22 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER,WY C00022 MORTGAGE The Chocolate Shoppe/Teen Center, a Wyoming Non-Profit Religious Corporation (hereinafter "MORTGAGOR"), to secure the payment of Fifty-Eight Thousand Dollars ($58,000), as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 31 st day of March, 2011) and all renewals, modifications and extensions thereof, does hereby mortgage unto Crandall Funeral Properties, L.L.C., a Wyoming Limited Liability Corporation, of P.O. Box 644 Evanston, Wyoming 82930. (Hereinafter "MORTGAGEE") the following described real property .situated at 806 Pine Ave., Kemmerer, in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: ,é ~L/) Beginning at Comer No. 1 which is identical with the Southwesterly Comer of Lot No. 10 in Block No. 11, in the Town of Kemmerer, and running thence northerly along the westerly boundary line of said Lot No. 10, North 26°34 ' West, a distance of 27 feet to Comer No.2; thence North 33°26' East, a distance of 80.9 feet to Comer No.3; thence South 56°34' East, a distance of 23.4 feet along the easterly boundary line of said Lot No. 10 to Comer No.4, which is identical with the southeasterly comer of said Lot No.1 0; thence along the alley of said Lot No.1 0 in Block 11, South 33°26' West, a distance Of 94.4 feet to Comer No.1, the point of beginning. Said premises being a part of Lot No. 10, Block 11 of the Original Town of Kemmerer, Lincoln County, Wyoming. , ~r <; .;' Subject to easements, restrictions and conditions of record. MORTGAGOR agrees to pay the indebtedness hereby .secure; to pay all taxes assessments and charges levied against the property, as the same becomes due and payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance and with an insurance carrier or carriers acceptable to MORTGAGEE, covering the insurable improvements on the property against loss by fire with extended coverage, in the amount not less than the unpaid balance of the debt hereby secured, or the in.surable value of such improvements, whichever is less, which in.surance .shall contain and appropriate lo.ss payable provision protecting the MORTAGAGOR and MORTGAGEE as their respective interest may appear form time to time. In the event MORTGAGOR fails to pay such taxes and 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. MORTGAGEE agrees to allow MORTGAGOR to payoff all principal and accrued interest at any time with no prepayment penalty. IN case default .shall be made in the payment of the above .sums hereby .secured, or in payment of the interest thereon, or any part of principal or interest, when the .same shall become due; or in case default .shall be made in any of the covenants and agreements I. -',.,'...~."",...,."" ."....,.....',.,.,~,.;~':'!';¡~ "-"!~~'L":...:a:':",~!\I",~,..~:.r_i.!~.:': :>.~,:' ,'_ _ç.-: _',:''- ~;-'-;::¡;:'.~,~;':,.:~"", , < .., "I'" ,,' ,_. '.',.................~.,.,. ·,_\:·~;"J"...t_&:·~":,.,:p.;."',, ..'-o!"...'~:..!,Itì-..'."'I.'.;"··. . ".,.,~¡.,.".~'.--:..,.,' ::;',~'- -, ., ""-,, ,"",-',' ~.~.,'~....!,... ,., 0916521 rf)otfì3 ~., \J \J t:.. MORTGAGEE, or in the event MORTGAGOR sells or conveys the property, or any part thereof, or any interest therein, without prior written consent of the mortgagee first had obtained, 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 and/or as otherwise authored by governing law, to foreclose on and sell the Property, and out of cost of sale, including reasonable attorney's fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure cost, 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, issued and profits from the accruing of any such right and during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. . Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Mortgagee who apply or release such moneys received by them in the same manner and with the same effect as above provided for the disposition of proceeds of fire or other insurance. By accepting payment of any sum secured hereby after its due date, Mortgagee does not waive their right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay. As additional security, Mortgagor hereby gives to and confers unto Mortgagee the right, power and authority, during continuance of the Trusts, to collect the rents, issue and profits of said property, reserving unto Mortgagee the right, in the event of default by the Mortgagor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Mortgagee may at any time without notice, either in person, by agent or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secure, enter upon and take possession of said property or any part of said property or any part thereof, in his own name, sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Mortgagee may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. MORTGAGOR warrants title to the Property as to parties claiming, by through of under Mortgagor only. ~~¡miilim~~;~¡} ~I;m~!~*~i¡ " "'-','''IL~!''--:¡'¡'!J''~'~':'~~;~'''''''''';~'':- .-I;¡"-.'...'>:I.<i.I!t_~..-..w....'~~ ""'r,·;.o'~....: ..',j,~, :.K:t'.,~~V;~_""'HL·S';'.' .',"',' ',.....~~:;';" ,..',¡",--¡r;·...·¡·¿·¡·.·..,·..,..r¡·/:, '.',,-, " .-,....' --"·~"M-""·~~..¡,'\o\U''''''t.oof_¡.ko'.!..,"1I,'·_~.'·"",,,,''''"'· ',' _-'" .,~.,':'...';o¡¡O..,'.I.,+:....~.,~,,~: :.':':~'" ", "'::"',," '. ...,._-..,.;':~,':~ 091.6521 Witness my hand this c day of March, 2006. . Îzé!lJp Larry Hultquist, President The Chocolate Shoppe/Teen Center Attest: ~~kÞ- Cathye W , Secretary . The Chocolate Shoppe/Teen Center State of Wyoming) : ss. County of Lincoln) r()n~r~4 ~. ',j ,) U ;¿ The foregoing instrument was acknowledged before me by ~~~ L:\.u CT~U l"'i'í 4- ~~ U~\L this b~ day of March, 2006. WI SS my hand and official seal. ~Å/AÞ~ . NOTARY BLIè Mycommissionexpires:Q!I~~ tLt ~ ~