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Home My WebLink About918893 ~ ~~ ~ ¡~¡~iill;~~~!¡m~~: II -.r""'·~¿¡l . ~. '''', j "J l' J '- MORTGAGE THIS MORTGAGE, made this 25 May 2006, by HEATH B. MACKEY and KRIST I A. MACKEY, husband and wife of Highway 232, Smithfork Road, Cokeville, County of Lincoln, State of Wy., 83114, hereinafter called mortgagor, to JOHN N. BRUIN and SHARON S. BRUIN, Trustees of THE BRUIN FAMILY TRUST uad November 13, 1998, of PO BOX 903, DRAPER, County of Salt Lake, State of UT., 84020, hereinafter called mortgagee, WITNESSETH: That said mortgagor in consideration of TWENTY NINE THOUSAND AND 00/100 DOLLARS ($29,000.00) paid by the said mortgagee does hereby grant, bargain, sell and convey unto said mortgagee and their heirs and assigns forever that certain real property situated in the County of Lincoln, State of Wyoming, bounded and described as follows, to-wit: . Lots 1, 2 and 3 of Slock 3 of WYMAN FIRST ADDITION to the Town of Cokeville, Lincoln County, Wyoming, as described on the official plat thereof. 7. L( \....) RECEIVED 5/30/2006 at 3:13 PM RECEIVING # 918893 BOOK: 621 PAGE: 521 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY tYJ // ) Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and which may after thereto belong or appertain, and any and all fixtures upon said premises at the time of the execution of this mortgage or at any time during the term of this mortgage. TO HAVE AND TO HOLD the said premises with the appurtenances unto the said mortgagee, his heirs and assigns forever. This mortgage is intended to secure the payment of that certain promissory note of even date herewith, which said note in words and figures as follows, to-wit: 1. An interest only payment in the amount of $101.50 shall be due and payable on or before 01 June 2006. 2. The next monthly interest only payment in the amount of $435.00 shall be due and payable on or before 01 July 2006, and all principal with accrued interest shall be due and payable on 17 July 2006. 3. A prepayment penalty of $500.00 shall be assessed if this Note is paid in full within the first 30 days. 4. A late fee of $65.25 shall be assessed on any payment not received within 5 days of the due date. The Mortgagor warrants that the proceeds of the loan represented by the above described note and this mortgage are: (a)* primarily for mortgagor's personal, family, household or agricultural purposes (see Important Notice below), (b) for an organization or (even if buyer is a natural person) are for business or commercial purposes other than agricultural purposes. And said mortgagor covenants to and with the mortgagee, his heirs and assigns, that he is lawfully seized in fee simple of said premises and now has a valid, unencumbered title thereto subject only to the following: and that he will warrant and forever defend the same against all persons; That he will pay said note(s) and installments of inter;st according to the terms thereof; That while any part of said note(s) remain unpaid, he will pay all taxes, assessments and other charges of every nature which may be levied on or against the said property or this mortgage or note(s) above described when due and payable and before the same becomes delinquent; That he will promptly pay and satisfy any and all liens or encumbrances that are or may become liens on the premises or any part thereof superior to that lien of this mortgage; ~ ...... I" ¡:--, 2 ,,) '~, J .. That he will keep the buildings now on or which may be hereafter erected on the premises insured in favor of the mortgagee against loss or damage by fire in the sum of $n/a with such company or companies as the mortgagee may designate, and will have all policies of insurance on said property made payable to the mortgagee as his interest may appear and will deliver all policies of insurance on said premises to the mortgagee as soon as secured; that he will keep the buildings and improvements on said premises in good repair and will not commit or suffer any waste of said premises. These premises shall be void if said mortgagor shall keep and perform the covenants herein contained and pay the said note(s) according to its/their tenors, but otherwise shall remain in full force as a mortgage to secure the performance of all of said covenants and payment of said note(s); it is expressly agreed that a failure to perform any covenant herein, or if proceedings of any kind be taken to foreclose any lien on said premises or any part thereof the mortgagee shall have the opportunity to declare the whole amount unpaid on said note(s) or on this mortgage at once due and payable, and this mortgage may be foreclosed at any time thereafter. If the mortgagor shall fail to pay any taxes or charges or any lien, encumbrance or insurance premium as above provided, the mortgagee may at his option do so and any payment so made shall be added to and become a part of the debt secured by this mortgage and shall bear interest at the same rate as the said note(s) without waiver, however of any right arising to the mortgagee for breach of covenant and this mortgage may be foreclosed for principal, interest and all sums paid by the mortgagee at any time while the mortgagor neglects to repay any sum so paid by the mortgagee. If suit be commenced to foreclose this mortgage the attorney's fees provided for in said note(s) shall be included in the lien of this mortgage. Each and all of the covenants and agreements herein shall apply to and bind the heirs executors, administrators, and assigns of said mortgagor, and said mortgagee respectively. In case suit or action is commenced to foreclose this mortgage the mortgagee shall be entitled to the appointment of a receiver to collect the rents and profits arising out of said premises during the pendence of such foreclosure, and apply the same to the payment of the amount due under this mortgage, first deducting all proper charges and expenses attending the execution of said trust. In construing this mortgage, it is understood that the mortgagor or the mortgagee may be more than one person; that if the context so requires, the singular pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. [.(\ ":0. "-\i %~¡ t>, ·tj¡ ,; , , ...1 ..~~ .~~ 3 ~JI ~$I IN WITNESS WHEREOF, the said mortgagor(s) have hereunto set their hand(s) and seals the day and year first above written. 4~~Ø¿?!~~ HEATH B. MA KEY ~l.-IJ. ~ K ISTI A. MAG . . STATE OF WYOMING, COUNTY OF LINCOLN On this ~ day of May 2006, before me, the undersigned, a notary public in and for said state, personally appeared HEATH B. MACKEY and KRISTI A. MACKEY, husband and wife known to me to be the person(s) whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~ Notary Public Residing at: Commission Expires: ~ Co v.- . ...:""'-"...... i . ~., STAI' (f COlIN'" 0, '" '. L Will f'¡" ,1/ Ltt-.'COLN '!: - ~. V mOlIJNG :",. I D -;;;'-0 MyCnl..11·....·..;"I·t: -I\~';__---: 5-<~) :J-.-,~-:.'" '., - -~ ~~"""<.. lill~~fm~~~u