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HomeMy WebLinkAbout921581 to' :j È'b.Ô "O.s 'Ë s \ o 0 u >-, ~ ~.s bl.) 4-. r::: ¡;; 0 0 ]6~ .~ t; ê c: en f5 <U "0 U E ¡;; C'<t 8~~ 0':::1 "'0 .- ",h ,- !U ~g C': :.:;;: :;¿ (~~~;f~J~f:" :~;"';~~;' . ;~;':'.',~<:'>,>~,; , '1(; l I 0002'09 MORTGAGE ~t ~ Merica and Debbie A. Meric~ Husband and Wife, of \: OI~())G Si~ -rh.o...l...1N' vJt' ð Òlð1 (herein collectively called 'MORTGAGOR"), to secure 'the payment of $42,000.00, with interest thereon, as þrovided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is August 18, 2009) and all renewals, modification and extensions thereof, do hereby mortgage unto Jim W. Stoker of'Pù~ l)'>ç ~ à'à ~vLf f3 t Y) (herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of WV, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: The Merica property, as referred to in the Deed recorded in Book 628, on page 755, and a portion of the Tract 2 of the Jim Stoker property, as referred to in the Deed recorded in Book 541PR, on page 581, with the Office of the Clerk of Lincoln County, Wyoming, within the East Half of the Northeast Quarter of Section 23, Township 34 North, R~mge 119 West, of the 6th P.M., Town of Thayne, Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Lloyd B. Baker PE/LS 698, 1995 location for the Northeast Corner of the Southeast Quarter of said Section 23; thence North 88036'10" West, along the North line of said Southeast Quarter, 60.00 feet to the Southeast corner of the Lennon property, as referred to in the Deed recorded in Book 193PR, on page 641 and corrected with the Affidavit recorded in Book 522PR, on page 180, with said Office; thence North 1008' 17" East, along the East line of said Lennon property, and the Northerly prolongation thereof, 353.33 feet; thence North 88036'10" West, parallel with said North line, 172.52 feet; thence North 1008'54" East, to and along the East line of the Lincoln County School District No.2 property, as referred to in the Deed recol'ded in Book 380PR, on page 227, with said Office, 467.97 feet; thence South 88051 '43" East, perpendicular to the West line of the Northwest Quarter of Section 24, of said Township 34 North, Range 119 West, 232.43 feet to a Point in said West line; thence South 1008' 17" West, along said West line, 822.35 feet, to the Point of Beginning. LESS AND EXCEPT the land contained in Quit Claim Deed recorded August 3, 2006 in Book 628PR on page 755 of the Lincoln County public records. ALSO LESS and EXCEPT attached Exhibit "A" MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and charges levied against the property, as the same become due and payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers acceptable to MORTGAGEE, covering the insurance improvements on the Property against loss by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost) of such improvements, whichever is less, which insurance shall contain an appropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time. In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such taxes and assessments and may secure and pay for such insurance, and all sums so paid shall be added to and considered a part of the indebtedness hereby secured and shall draw interest at the same rate. In case default shall be made in the payment of the above sums hereby secured, or in the payment of the interest thereon, or any part of such principal or interest, when the same shall become due; or in case of default shall be made in any of the covenants and agreements thereof, or in the event MORTGAGOR sells or conveys the Property, or any part thereof, or any interest therein, without the prior written consent of the MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale/or as otherwise authorized by governing law, to foreclose on and sell the Property, RECEIVED 8/22/2006 at 3:53 PM RECEIVING # 921581 BOOK: 631 PAGE: 209 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY O f'..) ~J.·l r'" f" ,'~ ',,¡<1w... .,J C; .I..., 000210 and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder, together with all costs of sale including reasonable attorney's fees. If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues and profits from the accruing of any such rights and during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. MORTGAGOR warrants title to the Property as to parties claiming, by, through or under the MORTGAGOR only. /q% Witness /1' hands this -LL-_ day of August, 2006. (\ , '"I " 75~~ ~~ - _ ~ 11: /11vUcøù 'tret W. Merica Debbie A. Merica State of Wyoming ) )ss. County of Lincoln ) The foregoing instrument was acknowledged before me this Æ'day of August, 2006 by Bret W. Merica and Debbie A. Merica. Notary Public ! l My commission expires: rn b 1(61 ~' - - .-:-:~-~::--~..-. ·''¡".;;('''.~'~I"j'''¡-,(~,f'''J~~-ø'~~~~~r""~---'-""'î DeVonnà F~asier - N~iary P~¡;¡¡"C'þ County of State of I lincoln Wyoming My Commission Expires July 1, 2007 ./J/ItAA,Qil:tjl1lt~~ ~'Vi;..~ r.'¡ij~;j;.;j;,:-!~ ;~¡: ~~:::;R!J~:i:;:} OU--"-'1 rf.;;;'" , ,J~ ~,_~\,J_¿... { ,( \-\'~, ~~ -~ \ Description: Merica Release " ~ 000211. A portion of the SE1/4NE1/4 of Section 23, T34N, Rl19W,of the 6th P.M., Town of Thayne, Lincoln County, Wyoming, tbe metes and bounds being more particularly described as follows: BEGINNING at a Point in the West line of the NW1/4 of Section 24, of said T34N, R119W, said Point of Beginning, being 293.33 feet N1°081171'E, along said West line, from the Lloyd B. Baker PE/LS 698, 1995 location for the Southwest Corner of said NW1/4¡ thence N88°36'10"W 60.00 feet¡ thence N1°08'17"E 60.00 feet¡ thence N88°36'10"W 172.52 feet¡ thence N1°08'54"E 187.40 feet¡ thence S88°51143"E 232.48 feet¡ thence Sl°08'17"W 248.45 feet, to the Point of Beginning, containing 1.09± Acres. TOGETHER WITH and SUBJECT TO: The 60 feet wide Right-of-Way Easement for Ingress Egress, and Utilities, as referred to in the Right-of-Way Easement recorded in Book 605PR, on Page 35, with said Office. I TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions, Rights-of-Way and Improvements of sight and or record. -->---......, --