HomeMy WebLinkAbout917555
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~LOANBACK
~ WE MAKE PERSONAL LENDING WORK
Promissory Note
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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
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0917555
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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
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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
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091.75SS.
Certificate of Acknowledgment of Notary Public
C00191
State of W tA, () It9\, -\ ~ r. )
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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.
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Notary Public for the State of
WI b-"'\~G
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Me.. '-\ J-5 .J. 00 \.
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My commission expires
[NOTARY SEAL]
MARGE BALLS .Notary Public
County of State of
Lincoln.· Wyoming
My Commllllon Expires May 25, 2008
Page4
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