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Home My WebLink About919404 , .,.....;.,.,...,.,'..,'. .'.',','. , , ',' ··..~_~-..·,;;to_,·, ·'''·';-'''o,~.F.r,';'','~'. ",.,.'.; ,.;".~.,.._ . }C {"' ,,"\ () 5 .\ 9 I.lU0 ,~ REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that RALPH HINSON, herein referred to as Mortgagor, of P.O. Box 258, LaBarge, County of Lincoln, State of Wyoming, 83123, to secure the payment of the principal sum of SIXTY TWO THOUSAND AND NOll 00 DOLLARS ($62,000.00), with interest at the rate of nine percent (9%) figured per annum, as evidenced by a Promissory Note dated of even date, herewith payable to the order of RICHARD S. SHAW AND CINDY SHAW a/k/a Cynthia R. Shaw, husband and wife. of P.O. Box 238, LaBarge, Wyoming, 83123 herein referred to as Mortgagee, principal and interest to be payable as follows: $628.85 payable on the 15th day of July, 2006, and $628.85 payable on the 15th day of each month thereafter, for a period of fifteen years. Plus the Mortgagor agrees to pay $2.00 per day for each late payment, that is made 15 days after to due date. Mortgagor HEREBY mortgages to the Mortgagee, the following described real estate, situated in the Town of LaBarge, County of Lincoln, State of Wyoming, as follows, to-wit: (, LaBarge First Addition, Bock 19, Lots 9 & 10 & 11 & 12, of the Town of LaBarge, Lincoln County, Wyoming as described on tþe official plat thereof, as filed and recorded in the Lincoln County Clerk's office, in Kemmerer, Wyoming. Subject to all restrictions, reservations, covenants, town ordinances, and easements, and right of ways, of record or vision. Real Estate Mortgage Ralph Hinson Mortgagor and & Cindy Shaw Mortgagees Mortgagor hereby relinquishes and waives all right under and by virtue of the homestead laws of the State of Wyoming and covenants that he/she/they or it is lawfully seized of the premises, that he/she/they are free RECEIVED 6/16/2006 at 3:28 PM RECEIVING # 919404 BOOK: 623 PAGE: 529 JEANNE WAGN,E~,. LINCOLN COUNTY CLERI;'J::J:.j;~¡~Œ~~~_,_~_ 1 :·%tt~imit~~~ ~mmmmmmIiI~ ~~7':" ;;;<;';:;;.~ ,.j¡"".,r,.,I·¡!'Ti"·' ,;J'ili;¡: ~~$¡~~~; ~t;;J '....,.,.......,.,t,.,'....,..,..,..,.,.... .."";".",,,.......', .~ ,...~.",........,.".""~.".,..",,,... ......."."',',.,.:,:.;";,"'"...;..>:'.'", OG4ì 0 i';: r ..'. .' JL~3~')~V,,-·::t (. n r.: 5 3 0 t., \.i l from all encumbrances, and hereby covenants to warrant and defend the title of the premises against the lawful claims of all persons whomsoever. And the Mortgagor covenants with the Mortgagee as follows: 1. In case of default in any of the payments stipulated in the Note, Mortgagor, as further security for this mortgage and the note secured thereby, hereby assigns, sets over, and conveys to Mortgagee all rents, issues, and profits from the property. 2. At the option of Mortgagee, this Mortgage shall become due and payable in full in the event of the sale or transfer of the property either by Deed or Contract for Deed. 3. Mortgagor will pay the indebtedness as herein provided. Mortgagor reserves the right to pay the debt in whole, or in an amount equal to one or more monthly payments on the principal that are next due on the note, on any date prior to maturity, without penalty. 4. Mortgagor will pay all ground rents, taxes, assessments, water rents or costs and other governmental or municipal charges, or other lawful charges, and will promptly deliver the official receipts thereof to Mortgagee. In default thereof, Mortgagee may pay the same. 5. Nothing shall be done on or in connection with the property that may impair Mortgagee's security hereunder; Mortgagor will not commit, permit or suffer any waste, impairment or deterioration of the property nor any part thereof, and the property shall be continuously maintained in good and sightly order, repair, and condition by Mortgagor at his/her/their or its expense. 6. Mortgagor will keep the improvements now existing or hereinafter erected on the premises insured as may be required from time to time by Mortgagee against loss by fire and other hazards, casualties, and Real Estate Mortgage Ralph Hinson Mortgagor and Richard S. Shaw & Cindy Shaw Mortgagees ") k. r' , ' ~.·,·I~.~j:.·.~:,::,· ,', ?i~i··"-.i ';~;"~:,.'i"'·'·" ,~;',"'.:'-:'" ~_,.-.-:.," ,'. . ,. -,·.·.~.··.·,~.·.~.·.:i" " -', '.- ·:,f.....~,'.:!!;:~....,'~~·:\ :"",,~,,:'¡'J ';".;; ".,''''.__'' ':·.":c,:,;.:,;"·,,,,..;..,-,·,··,,::_·,,,,,:,,,· 'c. 00 "1í û.;:'UJ'· 1'1) ·J4.J/L:'l". ~~ '>0r531 contingencies in such amounts and for such periods as may be required by Mortgagee, (in an amount of not less than the balance owed to the Mortgagee) and the Mortgagor will pay promptly, when due, any premiums on such insurance. All insurance shall be carried in companies approved by Mortgagee, and the policies and renewals thereof shall be held by Mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to Mortgagee. In the event of loss, Mortgagor will give immediate notice by mail to the Mortgagee, who may make proof of loss if not made promptly by Mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Mortgagee instead of to Mortgagor and Mortgagee jointly; the insurance proceeds or any part thereof may be applied by Mortgagee at his/her/their or its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. In event of foreclosure of this mortgage or other transfer of title to the premises in extinguishment of the indebtedness secured hereby, all right, title, and interest of Mortgagor in and to any insurance policies then in force shall pass to the Mortgagee. 7. In case Mortgagor defaults in the payment of ground rents, if any, taxes, assessments, water, or other governmental or municipal charges, or other lawful charges as herein provided, Mortgagee may without notice or demand pay the same and in case of any failure on the part of Mortgagor to comply with the covenants or Paragraph 5 hereof, Mortgagee may effect such repairs as it may reasonably deem necessary to protect the property, at the expense of Mortgagor. Mortgagor shall repay such sums so paid and all expenses incurred by Mortgagee, with interest thereon from the date of payment, at eighteen percent (18%) per annum, and the same shall be a lien on the premises and be secured by the Note and by these presents; in default Real Estate Mortgage Ralph Hinson Mortgagor and Shaw & Cindy Shaw Mortgagees 3 ,j~lf~m~~¡~~¡[! ¡i¡!¡~ :::;:~:::~~H~ ~~~ . . '...,.;........~...,'...','.-..,.. ..','........,....;.......,..., .,..".:.,.:.,....'.... " : " 1t),·4j Q 6, O. ,"9 uJI .:.., 4. ..]1 .,,~ ·-t r·'ÎI1r.;~2 ~~.: \) l~ v 1..) of making such repayments the whole amount hereby secured if not then due shall, if Mortgagee so elects, become due and payable forthwith, anything herein contained to the contrary notwithstanding. 8. In the event the property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby, Mortgagor binds himself/herself and/or itself personally to pay the unpaid balance, and Mortgagee will be entitled to a deficiency judgment. 9. In case default is made in the payment, when due, of the indebtedness hereby secured, or of any installment thereof or any part thereof, or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, inclusive of principal, interest, arrearages, ground rents, if any, taxes, assessments, water charges, expenditures for repairs or maintenance, together with all other sums payable pursuant to the provisions hereof, shall become immediately due and payable, at the option of Mortgagee, although the period above limited for the payment thereof may not have expired, anything herein before or in the Note contained to the contrary notwithstanding; any failure to exercise such option shall not constitute a waiver of the right to exercise the same at any other time; and it shall be lawful for Mortgagee to proceed to enforce the provisions of this mortgage either by suit at law or in equity, as it may elect, or to foreclose this mortgage by advertisement and sale of premises, at public auction for cash, according to Wyoming Statutes governing mortgage foreclosures, and cause to be executed and delivered to the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such sale first to the payment of the costs and expenses of such foreclosure and sale and in payment of all moneys expended or advanced by Real Estate Mortgage Ralph Hinson Mortgagor and Richard S. Shaw & Cindy Shaw Mortgagees 4 ,··.·.~I:I·i-I·.Y,..'. . ¡':;;;.q:"""".,.,.,.,,: '-eCt· ." 0·9. ~ ti~\O¡jb ....I\,.It-H... ., (' :1 f' r: <") 3 '.' U t \J ,) Mortgagee pursuant to the provIsIOns of Paragraph 7 hereof, or other appropriate Paragraph hereof, and then to the payment of the balance due on account of the principal indebtedness secured hereby, together with interest thereon and the surplus if any, shall be paid by Mortgagee on demand to Mortgagor. There shall be included in any or all such proceedings a reasonable attorney's fee. In case Mortgagee fails promptly to foreclose on the happening of any default, it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues, and shall not be prejudiced in its foreclosure rights in case of further default. 10. In case of any default whereby the right of foreclosure occurs hereunder, Mortgagee shall at once become entitled to exclusive possession, use, and enjoyment of all property, and to all rents, issues, and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if there is any; and such possession, rents issues, and profits shall at once be delivered to Mortgagee on request, and on refusal, the delivery of such possession, rents, issues, and profits may be enforced by Mortgagee by any appropriate civil suit or proceeding, including action or actions in ejectment, or forcible entry, or unlawful detainer or other proper legal action; and Mortgagee shall be entitled to a receiver for the property and all rents, issues, and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if there is any, and shall be entitled thereto as a matter of right without regard to the solvency, or insolvency of Mortgagor or the then owner of the property, and without regard to the value of the property or the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and expenses; and such receiver may be appointed by any court of competent jurisdiction on ex-parte Real Estate Mortgage Ralph Hinson Mortgagor and & Cindy Shaw Mortgagees 5 :l¡i~¡~~~~~!m~:'~: ~~~&mmIT;~; ~:ru:t;!~ . ...:r~. '!'. ·'\·I~.~' ~'-~I: .:_:1 ~i ~.\:' :.~ i: ¡:¡ ~ ,..,,' ¡.;~ . ',"". :.,~."':'?",:~'>"-=:::::"'" '.:' ~..... , ',',<.:.·j'.·.~~.:.:¡Y,: ',', ·h'.:)'.·,'t.'...,;.', ':;:·~·:':i...r.I:·'-':)i'.:· ..1:0......',.; I;' ;l:"",;,.:,:,1";',>":. ,~" . ., . 'i¡X':~.i·:·A',·'. '¡\\'í..yj¡ o.~~~,04 ~....ïJ~J...:...lI)"...:J' .... (, :! ,., r." ',) 4 "') .) (, ;j -,) application and without notice (notice being hereby expressly waived, and the appointment of any such receiver on any such application without notice being hereby consented to by Mortgagor on Mortgagor's own behalf) and all rents, issues, profits, income, and revenue of the property shall be applied by such receiver, according to law and the orders and direction of the court. 11. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular shall include the plural, the plural the singular and the use of any gender shall include all genders. 12. The Mortgagor and/or Mortgagors hereby releases and forever quitclaims to Mortgagee all his/her rights of homestead in and to the above- granted or described premises. 13. Default by Mortgagor. Mortgagee shall have the right to declare the default of the Mortgagor(s) upon the Mortgagor(s) failure to fulfill his/her/their or its obligation stated in anyone or more of the above paragraphs, and to proceed pursuant to anyone or more of the above Paragraphs. The Mortgage may also declare a default upon anyone or more of the following: (a. The failure of the Mortgagor(s) to make any payment required in this Agreement at the time it falls due; (b. The failure of the Mortgagor(s) to abide by anyone of the terms and conditions of this Agreement; (c. The filing of a Petition for the adjudication of the Mortgagor(s), or anyone of the Mortgagor(s), if more than one, as a bankrupt. 14. The undersigned hereby certify and guarantee and represent he/she/or they have or it has the right and authority to sign this mortgage. Real Estate Mortgage Ralph Hinson Mortgagor and Richard S. Shaw & Cindy Shaw Mortgagees 6 '.'"-''',"'r.T.'1I:.,,,-:,,,".- "."..'~:-,-" "':".;.''''',.''.' "",..-',..._._"''',._.-,''..,.,...,'.o,....~.,~. _;,_"". '.-'t' , 'OT; ·,···..-·..,,"--''-.....~·~I...',...·,~,;··:'_...'y.,·."'''''''''''''.'''".: 1.·,';...·"'..:·,,;·,,·,<,,· . ',.... ._ '·'·."~."·L"'.·. 091.9~~(Fk 0''''Ir\_ ~ ,¡;'... t: 5 ',.' \~ (. \J ,~j DATED this 1r3 ~ay 0-1 /}-12___ , 2006. ..~ RiI~n MORTGAGOR STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregoing Real Estate Mortgage was acknowledged before me this 13thday of June , 2006 by Ralph Hinson, WITNESS my hand and official seal. BElT't' MOCElKA -lIOTARY PUBLIC STATE OF COUNTY OF WYOMING LINCOLN , My Commissioo Expises05/29/10 c ion Expires: Yì) ~ :l?;d.o/O Real Estate Mortgage Ralph Hinson Mortgagor and Richard S. & Cindy Shaw Mortgagees 7 mtmill¡lm~L::