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HomeMy WebLinkAbout917555 ~~l~~~lm¡ ;~j· ~i!j~i~.~.~,: ~,:",·,','_~~!1" ., .,,"'-" -. "'~~::2.L:" . .....~.~,~.~.~.!.~.!.~.:¡.< . ".', ;!~'k:;!1;:;~,:o.!N:'iZ1;¡;:' ;';::' ;;'';'~MI:j,:. ;;:i'_'~;l-:=.:., '. '..::~: ~;;<;;1Lô.>'¡'<';.i'..i~~~;;i~.:;;~. - ...._.. __,<:.~::j.~~-. ',:<;I;":'-'¡O¡', ',' c oe188 ;: ~LOANBACK ~ WE MAKE PERSONAL LENDING WORK Promissory Note ):/< " >' " .n: llJ ~ :ffi ~ ~ ~ ~~~:ffillJ ~~ "z.Y -- ~ llJ rn . t'Ot--C>u'y WT"«~.n:: ~Q)Ll.:>llJ ~ -.J f:!~ ~L) ~C> z~ ~z,...«Z J:I>~!!5:::> JJJ:üJ.ø 0 >L)~ Ü -llJO Z .w.n: 0 -.J U lD 0 .w 0 n:: z ::¡ Borrowers: Sherman Noel 455 Adams Streeet Afton, WY B3110 ("Borrower") Gaylynn· Noel 455 Adams Street Afton. WY B3110 ("Borrower") .Lender: /' Bart P Hyde 1287 North Church Street Layton, UT 84041 (".Lender") J. Promise to P.ay .Lender agrees to disburse .$54,800.00 to Borrowers on this April 01,2006. Borrowers .agree 10 pay .Lßnder íhe 1otal.amount of $54,800.00 USD, together with interest payable on ihe .unpaid principall3t íhe rete of RO% per .annum. Refer 10 Exhibit A (nP.ayment Schedule") for .a complete schedule of payments, .complete with amounts due l3nd due .dates. Pl3yment will be delivered 10 .Lender 13t: 1287 North Church Street Layton, UT 84041 or other address mutually .agreed .upon by both parties. JJ. Repayment The amount owed .under íhis Pmmissory Note will be repaid in ßqual installments of $502A6 made monthly. The first payment will be due on May 01,2006 .and monthly íhereafter. Interest - - will begin .accruing on April 01,2006. All payments shall be first .applied to interest .and íhe balance to principal. tH. Late P.ayment Fees If Borrowers .default jn payment by more than 10 .days of íhe íime set forth herein, ihen Borrowern shall pay Bn Bdditionallate fee in the Bmount of $100.00 JV. Collateral This Pmmissory Note is secured by íhe following collateral: property beginning.at íhe northwest comer of Jot:#3,block21 in the Afton, .Lincoln County, Wyoming íown-site.and funning thence south 4 rods, íhence.east 10 rods, thence TIorth4 rods, íhence west 10 t=>age 1 · ·~~I~¡!I"i.!j~"~i~ :1~1·¡~¡~j!n:i:';:·:;;J:~&<r;:;.ô.'t.;·:~;r¡:f.tt1;t.." t~':,':,::;.~'·,~,;',':~. -~'. :.' :~ê··\·A';, f-'!$""'1:-tl~~;~· ..,.... ',., '. ,~,~; .',!. ~.',~.",' _': ·I·.·.!.~.!.~.~.!t:.~...'..:;~.' ':", '. r- -.' '.;" .....,.:;' ~::"iiI.tÐ)~¡··:t.if:!r .n~~ :~'1;. .¡..,:> "'!!,¡ ,~," ._~, ::', ~. 'i'.: ."'. i' (C;'¡ q;I~,'!;~;~J~'I"i': ',~1;,~'~~' ": í ,~~i:O~\'"i-:'- .:.;"';_'::'¡,; :j'l-~" 0917555 .' O(J189 rods to the point of beginning, together with home nad water rights and all improvements ........ ., Title to the Collateral will be retained by Lender until all payments due under this Promissory Note are paid in full. V. Additional Terms and Conditions If the borrower of this loan wishes to sell the property at any time the lender has a first right of refusal and the ability to purchase the property for the amount of the balance owed the lender, plus an additional amount agreed by the lender. If borrower becomes 30 days delinquent on the note the lender may demand the full amount of the note due and payable or reposses the said collateral (property) at his discre~ion. Lender agrees to pay for insurance and property taxes each year on the property held as collateral. Said costs will be added to the loan amount each year when paid, this will increase the amount owed at the end of the contract by that amount plus interest. VI. Additional Costs In case of default in the payment of any principal or interest of this Promissory Note, Borrowers will pay to Lender such further amount as will be sufficient to cover the cost and expenses of collection, including, without limitation, reasonable attorney's fees, expenses, and disbursements. These costs will be added to the outstanding principal and will become immediately due. VII. Transfer of the Promissory Note The Borrowers hereby waive any notice of the transfer of this Note by the Lender or by any subsequent holder of this Note, agree to remain bound by the terms of this Note subsequent to any transfer, and agree that the terms of this Note may be fully enforced by any subsequent holder of this Note. VIII. Amendment; Modification; Waiver No amendment, modification or waiver of any provision of this Promissory Note or consent to departure therefrom shall be effective unless by written agreement signed by both the Borrowers and Lender. IX. Successors The terms and conditions of this Promissory Note shall inure to the benefit of and be binding jointly and severally upon the successors, assigns, heirs, survivors and personal representatives of the Borrowers and shall inure to the benefit of any holder, its legal representatives, successors and assigns. X. Breach of Promissory Note No breach of any provision of this Promissory Note shall be deemed waived unless it is waived in writing. No course of dealing and no delay on the part of Lender in exercising any right will " operate as a waiver thereof or otherwise prejudice rights, powers, or remedies. No right, power, or remedy conferred by this Promissory Note upon Lender will be exclusive of any other rights, power, or remedy referred to in this Note, or now or hereafter available at law, in equity, by statute, or otherwise. XI. Governing Law The validity, construction and performance of this Promissory Note will be governed by the laws of WY, excluding that body of law pertaining to conflicts of law. The Borrowers hereby waive presentment, notice of non-payment, notice of dishonor, protest, demand and diligence. Page 2 ~::;:;~~;:::i:;::~;,:, ~~;~;~~:!~~~ill;~~ :::::::::::::,:::~;: :~;: :;:~~:::;:f¡;::;::~~ ,'.' ,....: :.:...~. ..' ...... , ~.' .; i'.·'- '-'-~'L' ,,-:', ,: ,";S:-" '. . ".~_~;-~J~~" .. ,.- .'. .,........~....:.;............ 0917555· .,' ., :;.$o:~~g.....~. -;.'~·'~~f¡·r'~~lt '11". ";:·'b-. . '; " ,:.,~., . :~,~. : ~'~.r., :?' ~;,,; '. f.,~.. ' -:\',' '.,. ;-, ':'" ,~.!. ~'·':I:t:;.~r,;: '¡'.' ',,_ '. COOl9'O The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this agreement in its entirety. Sherman Noel Signature: ~~Date: Gaylynn Noel /-1-1 J-¿)6 Signature: Date: u¡ ~ 1 / 0 (:; Bart P Hyde Signature: Date: Page 3 ·'·-~';o.:.,...~..~n'¡'i. ...!.~.tL~'Iô! ·L\'I.!II!l·~:SU~"'~~~:t"·'::.I;':':";'¡;";I;i::~::;:~~'jÕ~ - . '. . ....·,.,·,'..·.1.·~..~..¡'!...I.""'4L'.¡I!. .'W'Io;¿;;~,7,·; '~,:i' "1 '¡ :1··.~~4ð",~.l'-·~~~j.¡·*..)'.'Jo"'~;",'··"'.~,....;..-·i.,~·..il;-:~~!!f..~.."n<::r.ç"t:,i.i:..',--';:t .:.~:it;.,;,~!,_..¡~¡.....;¡~.~.~~;!~. 091.75SS. Certificate of Acknowledgment of Notary Public C00191 State of W tA, () It9\, -\ ~ r. ) \ \ ) ss County of L,"\(;\) I", ) On t\ r, \ 0, before me, .'\1'\ c...f'( t 0 CIv \ I \ , a nota public in and for said state, personally appkared ~ f..'" 1"'\ t..."'\ J,. C. " no t..\ c.- \'\ h- f5 C-..I' t P r\~.J.. L. , known to me (or proved to me on the basis f satisfactory evidence) to be the person w ose name is subscribed to the within Instrument, and acknowledged to me that he or she executed the same in his or her authorized capacity and that by his or her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. \"\~L 6~ \ Notary Public for the State of WI b-"'\~G \ Me.. '-\ J-5 .J. 00 \. \ \ My commission expires [NOTARY SEAL] MARGE BALLS .Notary Public County of State of Lincoln.· Wyoming My Commllllon Expires May 25, 2008 Page4 ~;:;:,:'"~~ ':',.":><>.I.''''';'''''i'.' ;~·';ili~~': /· '·::::::;:::;t¡:;S~·:¡ti ~Xif'''';'4'i'''j'''. ~~1Q~.:!:~ili:,:>1