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HomeMy WebLinkAbout918633 .' C00746 ."..... --. _.. -- _. ---- ---. .----...----.-.-_.0- ______ WHEN RECORDED RETURN TO: Name: Hickman Land Title Company Address: RECEIVED 5/22/2006 at 9:45 AM RECEIVING # 918633 BOOK: 620 PAGE: 746 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE Jeffrey Tibbitts, a single man, Mortgagor of P.O. Box 34, Jackson, Wyoming 83001, County of Lincoln, State of Wyoming, hereby mortgage to Ed Krajsky, a married man, Mortgagee of 1255 Anus Drive, Jackson, Wyoming 83001 for the sum of ThÍ11y Four Thousand dollars and Zero cents ($34,000.00) the following described tract ofland in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to wit: Lot 7 in Leon Livingston Subdivision, in Township 37 North, Range 118 West, 6th P.M., Lincoln County, Wyoming. Said plat of said subdivision as recorded in the County of Lincoln, State of Wyoming. This mortgage is given to secure the following indebtedness: one note from Jeffrey Tibbitts to Ed Krajsky dated May 17, 2006 in the amount of Thirty-Four Thousand Dollars ($34,000.00) made payable at the times and place and at the rate specified in the note The Mortgagor agrees to keep any building hereafter erected on the premises fully insured against loss by fire, flood, and other hazards and risks reasonably associated with the premises due to its type and location. The insurance carrier providing the insurance shall be approved by the Mortgagees, with loss, if any, payable to Mortgagees during the life of this Mortgage. The Mortgagors also agree to pay all taxes and assessments on said premises, including any tax that may be assessed by reason of this mortgage or the indebtedness secured thereby. If all or any part of the property or any interest therein is sold, leased for more than three years to anyone party, or transferred by any means by the Mortgagor without the Mortgagee's prior written consent, excluding the creation of a lien or encumbrance subordinate to this Mortgage or a transfer by devise, descent or by operation of law upon the death of a joint tenant, or a transfer to a trust of Mortgagor, Mortgagees may, at Mortgagee's option declare all of the sums secured by this Mortgage to be immediately due and payable. If Mortgagor defaults in the payment of the indebtedness, or in the payment of any installment thereof, or if he defaults in any of the covenants or agreements hereof, then, at Mortgagees' option, the whole indebtedness shall become due and payable forthwith and Mortgagees may foreclose this Mortgage either by advertisement and sale of the premises as provided by statute, or by action in equity. Out of the proceeds of any foreclosure sale, Mortgagees shall retain or receive all sums due hereunder, and the costs of the foreclosure sale, Including reasonable attorney's fees, the same to be taxed as costs in any equitable action brought to foreclose this Mortgage. ./ To fully assure the Mortgagees the benefit of the security interest in the premises granted herein, Mortgagor hereby assigns to Mortgagees all rents and profits. hereafter payable for use and occupancy of the premises, and assignment to only take effect in the event of the uncured default. If default occurs in any of the covenants and agreements herein contained, whether or not Mortgagees elect to foreclose on this Mortgage on account thereof, Mortgagees shall at once be entitled, and are hereby authorized, to collect the rents and profits from the premises and to apply the same to the payment of the indebtedness until such default is remedied. In the event of foreclosure of this Mortgage upon default, Mortgagees shall be entitled to possession and enjoyment of the premises, and the incident rents and profits thereof, from the time of such default and for and during the pendency of the foreclosure proceedings and the period of redemption, if any. If Mortgagor should fail to surrender such possession to Mortgagees promptly upon request, Mortgagees may compel delivery thereof by an ejectment action or other appropriate civil proceeding. In addition to the remedies otherwise provided in this Mortgage and by law, and as a matter of right, without regard to the solvency or insolvency of the Mortgagor, the value of the premises or the sufficiency thereof to discharge the indebtedness and the costs of the foreclosure and sale, Mortgagees shall be entitled to the appointment of a receiver by any competent court. The receiver is hereby authorized to rent the premises and apply the proceeds to this obligation. Such receiver may be appointed upon ex parte application, without notice, such notice being waived, and the appointment of a receiver upon such application being hereby consented to by Mortgagor. WITNESS may hand this 17th day of May, 2006 STATE OF WYOMING ) ) ss. ) COUNTY OF TETON On this ('flÏ1 day of May, 2006, personally appeared before me, Jeffrey Tibbitts who acknowledged to me that he executed the same. Witness my hand and official seal. ~.[~ otary Public My commission expires L D ( ~ (l-i:v ,. ~~~~""~~.~....~~~ 'Í' KA:'J..;N T. \VYLE - NGì/ti-:: ~\Ji].:JG ~ Co;:.-.tj of @:~¡'í:~;' ~2:;,'? 01 r t;rf"Ji" ·tlY" ,.... -- ...··"n ,. .. ..... ,. "~.:' .,./....uu..a.¡ ~~~ .~-.-. Land Title Company File Number: 60370 Mortgage - Buyer Ind Page I of I :::;:~::::::i:;::¡;¡iii: ~~-N·.·.·.';'I