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HomeMy WebLinkAbout916941 Return to: P.O. Box 409 Thayne, WY 83127 000235 MORTGAGE DEED RECEIVED 3/27/2006 at 11 :03 AM RECEIVING # 916941 BOOK: 615 PAGE: 235 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, W. - - --. - . -_.._~_. ----- Charlotte B. Neel-Reinhart, mortgagor of Lincoln County, State of Wyoming, to secure the payment of Fifty-Five Thousand Dollars and No/Cents, due no later than July 15,2006, with the interest thereon at the rate of 11 % per year (said sum, and the hlterest thereon being referred to as the "indebtedness"), payable in full hi accordance with the provisions of that certain promissory note, ùated March 1, 2006 hereby mortgage and warrant to mortgagee, Ace Enterprises of Lincoln County, State of Wyoming the following described real estate, situated in the County of Lincoln, hi the state of "Vyoming, to wit: Legal Description: 324 5th Ave. Afton, WY 83110 Afton Original Town, Block 26, Lot 2 part Mortgagors agree to pay the hldebtedness according to the terillS of said promissory note, and, during the life of this mortgage, to pay all taxes and assessments on the premises and to keep the improvements thereon insured against fire and other hazards in a sum not less than Fifty-five Thousand Dollars ($55,000.00) by such insurance as mortgagee may approve, with the proceeds thereof made payable to mortgagee. If mortgagors fail to pay such taxes or assessmellts or fail to keep the premises insured, mortgagee may pay the same and may insure the premises, and all sums,J>aid by mortgagee for such purposes shall be added to and considered as part of the indebtedness alid shall draw interest at the same rate. If default occurs hI the payment of the inùebtedness or hI the payment of any installment thereof, or if default occurs in any of the covenants and agreements thereof, then the whole indebtedness shall, at mortgagee's option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by advertisement and sale of the above described premises at public vendue accordhlg to Wyoming Statutes, or by an action hI equity. Out of the proceeds of any foreclosure sale, mortgagee shall retahl or receive all sums due to it hereunder, and costs of foreclosure and sale, including attorney fees in an amount ~qual to ten percent of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in any equitable action brought to foreclose this mortgage. To fully assure mortgagee the benefit of the of the security hlterest in the premises granted to it her,eunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy of the premises by any person in possesshm thereof with mortgagors" consent. If default occurs in any of the covenants and agreements therein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof, mortgagee shall at once be entitled, and is hereby authorized to collect the rents from the premises and to apply the same to the payment of the indebtedness secured hereby until such default is remedied. In the event of foreclosure of this mortgage upon default, mortgagee shall be entitled to the possession and enjoyment of the premises and the incident rents, issues and profits thereof from the time of such default and for and during the pendency of foreclosure proceedings and the period of redemption, if any. If mortgagors should fail to surrender such possession to mortgagee promptly upon its request therefore, mortgagee may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. Furthermore, and in addition to the remedies otherwise provided for in this IÜortgage and by law, and as a matter of :dght, without regard to the solvency or insolvency of mortgagors, the vàlue of the ~!~:!¡~:~:~m¡~'~~I~~;tm ~ii~~J :;:::;,;..;,': ",;j;"-" :.,. "~';~-". ' 36 .....'.'.., premises, or the sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled to a receiver for the premises and rents, issues and profits thereof from the time of default to the expiry of any redemptive period provided by law. Such receiver may be appointed by any coUrt of competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application heing hereby consented to by mortgagors. Hereby releasing and waiving all rights under and by virtue of the b~mestead exemption laws of tbe State of Wyoming. Witness by band this 2Sth day of February, 2006. ~~ΕΎ; State of _ WyominL County of _Lincoln_ The foregoing instrument was ackuowledged before me by Charlotte B. Neel- Reinbart this 2Sth day of February, 2006. Witness my band and official seal. PANETTE N. JOHNSON· NOTARY PUB County of . State of Uncal" Wyamin My Commission expires -'I ~ My Commission Expires: 74 Ie¡ - øg