HomeMy WebLinkAbout876012 MORTGAGE DEED '~' ~'~'I ~.~
David Mark Hoffman, also known as David M. Hoffman. m~d M. Klm ttc,:i2~, his wife, mortgago[~r, qf, ~ ....
Lincoln County, State of Wyoming, to secure the payment of EIGHTY T~OUSAND AND NO/10~.~ ........ ;: t,,.[, ~ ,~,' ...... .......
DOLLARS, due October 1,2011 with interest thereon at the rate of SIX p:xcent per year (said sum, ~d the
interest thereon, being referred to as the "indebtedness"), payable monthly in accordance with the provisions
,:..:~ of that certain Note, dated S~ptcmber 16, 2001, hereby mortgage and warrant to mo~gagee, Lincoln-Uinta
: ' Revolving Loan Fund of Linc0~n Count, State of Wyoming the followin; described real estate, situated in
;~:: ::. :~ the county of Lincoln, in the State of Wyoming, to-wit:
",'}.~,,. :~'~{' .:, .. '. See attached exhibit A
Mortgagors agree to pay the indebtedness according to the terms of said l'~ote, and, during the life of this
mortgage, to pay all taxes and assessments on the premises and to provide~adequate hazard insurance policies
covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and
form sufficient to prevent mortgagors from becoming a co-insurer and issued by companies satisfactory to
the Lender, ~ith the proce,eds thereof made payable to the mortgagee. If~!aortgagors fail to pay such taxes or
assess~nents or fail to keep the premises insured, mortgagee ma)' pay the same and may insure the premises,
and all sums paid by mortgagee fro: such purposes shall be added to and c;~nsidered as a part of the
indebtedness and shall draw interest at the same rate.
If default occurs in the payment of the indebtedness or in the payment of '.~y installment thereof, or if default
occurs in any of~he covenants and agreements hereof, then thc whole indebtedness shall, at mortgagee's
option, becr~me due and payable forthwith, and mortgagee may foreclose!iSis mortgage either by
advertisement and sale of he premises as provided by statute, or by actior,,iin equity. Out of the proceeds of
any foreclosure sale, mortgagee shall retain or receive all sums due to it ?~!.ireunder, and costs of foreclosure
and sale, including reasonable attorney fees. : ,~
;Fo fully assure the mortgagee the benefit of the security interest in the prc}yises granted to it hereunder,
mortgagors hereby assign to mortgagee all rents hereafter payable for the i~se and occupancy of the premises
by any person in possession thereof with mortgagors' consent. If default:dccurs in any of the covenants and
agreements herein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof,
mortgagee shall at once be entitled, and is hereby authorized, to collect rents from the premises and to apply-
the dame to the payment of the indebtedness secured hereby until such d6Yault is remedied.
In the event of foreclosure of this mortgage upon default, mortgagee Shall be entitled to the possession and
eujoyment of the premises and the incident rents, issues, and profits ther{:of from the time of such default and
for and during the pendency of foreclosure proceedings and the period o~[ i:,edemption, if any. If mortgagors
should fail to surrender such possession to mortgagee promptly upon il::~ r~:quost therefor, mortgagee may
compel delivery thereof by an ejectment action or other civil proceedinl! appropriate to that purpose.
Furthermore, and in addition to the remedies otherwise provided for in i:ifis mortgage and by law, and as a
matter of right, without regard tO the solvency or insolvency of mortgag~rs, the value of the promises, or the
sufficiency thereof to discharge the indebtedness and costs of foreclosm'e and sale, mortgagee shall be
entitled to a receiver for the premises and the rents, issues and profits thereof from the time of defanlt to the
expiry of any redemptive period provided by law. Such receivor may be appointed by any court of
competeut jurisdiction upon ex parte application, without notice, notice being hereby waived and the '
appointment of a receiver upon' s~ch application being hereby consented to by mortgagors.
Hereby releasing and waiving all rights under and by.virtue of the homeste:~d exemption laws of the State of
Wyoming~ ~
Witness our hands this'~ay of September, 2001.
David Mark I~Ioffman M. Klm Hoffnlan
State of Wyoming :
County of Lincoln ,:
The fbregoing instrument was acknowledged before me by David Marki,H~ffinan and M Klm Hoffman this
'~day
of September, 2001.
Witness my hand and official seal.
Parcel 1 -
Lot Three (3) of Bl~'sck Five (5) of Lincoln Heights 4th
Subdivision to the Cit]!' of Kemmerer, County of Lincoln, State
of Wyoming
Parcel 2 -
A portion of Lot 1 of Block 10 of the Lincoln Heights 4th
Subdivision to the City of Kemmerer, Lincoln County, Wyoming,
being more particUlarly described as follows:
Beginning at the Northeast corner of said Lot 1, thence S.outh
along the easterly boundary of said Lot 1~ a distance of 52.28
feet to the POINT OF BEGINNING;
thence'N89°58'42"W, a distance of 24.86 feet;
thence N89°52'33"W, a distance of 30.47 feet;
thence S89°54'12"W, a distance of 44.67 feet;
thence South along the· westerly boundary of Lot 1, a distance
of 57.72 feet; ~' ~
thence East along the southerly boundary of said Lot 1 a distance
of 80.00 feet to a poiDt of curvature, thence along said curve
to the~left through a central angle of 90000'00'' an arc distance
of 31.42 feet to the point of tangency, said curve has a radius
of 20.00 feet; ? ~
thence North along the easterly boundary of said Lot 1 a distance
of 37.72 feet to the point of beginning
Parcel 3 - ~
A portion of Lot 1 of Block 10 of the?i Lincoln Heights 4th
Subdivision to the City of Kemmerer, Lincoln County, Wyoming,
being more particularly .described as follows:
Beginning at the Northeast corner of Lot 1 Block 10, thence
West along the northerly boundary of said Lot 1 Block 10 a
distance of 100 feet;
thence South along the westerly boundary ~of said Lot 1 Block
10, a distance of 52.28 feet;
thence N89°54'12"E, a distance of 44.67 feet;
thence S89°52'33"E .
, a distance of 30 47 feet;
thence S89°58'42"E .
, a distance of 24 86 feet;
thence North along the~ easterly boundary of said Lot 1 Block
10 a distance of 52.28 feet to the point of~beginning
Parcel 4 -
The Lot Numbered Four (4) of the Block Numbered Four (4) in
the Willow Addition to the Town of Kemm~rer, Lincoln County,
Wyoming as described on the official plat thereof