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HomeMy WebLinkAbout922042 ~ $'bÓ "'0.5 a.> S "'Eo o ;>-. ~~~, 0;....... c: co 0 0 .5 ~ ~ JS e a.> .~ ~ ~ ~ µJ 8 n)"O as § § ~ u OJ oO¡::¡ "C~ ..~ Q) t§ ~ ,- . ;~(ii¡Imm1:iij~·': (7 000555 MORTGAGE Kerry Chadwick and Suzy Chadwick, Husband and Wife, of P.O. Box 37, Grover, WY 83122 (herein collectively called 'MORTGAGOR"), to secure the payment of $300,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is September 1, 2007) and all renewals, modification and extensions thereof, do hereby mortgage unto Ivan S. Johns and Jean Johns, husband and wife of 1016 Lancaster Lane, Osmond, WY 83110 (herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: SEE ATTACHED EXIDBIT A FOR LEGAL DESCRIPTION. 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, OJ;' 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, 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. Witness our hands this ~ day of ~114 , .2006. _ .' -> ~ ~'J~~''''O 'K dwick , C . RECEIVED 9/1/2006 at 3:13 PM RECEIVING # 922042 BOOK: 632 PAGE: 555 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY ~- ~ - - ~ -'- ~_._- . -. - --...--,-..--. - ¡..(.l·......·,-~...>U' /L""" 'l1J....,,,..,~ ~,.04 000556 State of Wyoming ) )ss. County of Lincoln ) The foregoing instrument was acknowledged before me this :30 day of ~~ '\A::::' t .2006 by Keny Chadwick and Suzy Chadwick. ~ Notary Public: My commission expires: 3 Þ,/ /,,;;;?Ol Ò ~- VALERIE PETERSON _ Nf"n" C \J Ú\RY PUBUC Ountyof . Lincoln ~" State of -'. Wyoming My Commission Expires March 24,2010 "\, , fill 'ill ·~~~W¡¡¡i:;¡::f;mm{~1 -;!~!!i;ji!mW~l~ :~ ¡~¡;¡;;:¡¡i~¡:! ;i: ;::;,. ',; ;¡; u~2;¿O-42 P'O'HlIOIIøIla"" Jlu,"OV,," rout N. :tt\ðrþa( Wyo.I\J>QIIII!IUOn No. I"" lIttIlllIl!IIi1lralJ<)ll NQ, 1r,10 ItIRIIQ AfQl':tT3U"" Nn. 49110 ¡¡""odn 1I1Ig""....n Iúo. 0106 !eð!I J.. 9r.h"""1 Wyo AOQI"r.1l1tIt1 No, 3MP ICIftllQ fI~lrall.n Nn. ~ Utan l\~cI.".non NI:. 372' l' MJ.flIÞNE J.. SCHERDEL Wyg, A.OIMlICn ~ O. 53ðð So,....,.,. !:ctwhnl, LTD. ~I\I)t\, W\'tI!Tllno JIIg Finny. Wvctnln; J4d<_. Wvol!\ltø uIVe 1101 5p""~.. Idoho Unr",,"hr, Il"b,hfl 1;îi~~;~m~~) EXHIBIT A OOOSSt©lPY DESCRIPTION FOR IV AN S. JOHNS AND JEAN· R. JOHNS .TOHNS REMAINDER TRACT To-wit: - - That part of the W~NW ;" and that part of the WY:SW1/. of Section 24, T31N R119W, Lincoln County, Wyoming, being pan of that trnct of record in the Office of the Clerk of Lincoln County in Book l06'ofPhotQstatic Records on page:: 424, described as follows: " BEGINNING at the northwest comer of said W\6NW'!4; i thence N89c-51'-04"E, 1323.93 feet, along the north line of said WlhNWI,/.¡, 10 the northeast corner thereof; thence SOoo-06'-24"W, 2650.07 feet, along the east line of said W~NW';", to th~ southeast corner thereof; thence SOoo-07'-OT'W, 590~69 feet., along the east line of said WY2SW~, to a point at a fence corner; thence N89°-02'-12"W, 807.76 feet, along an. existing east/west fence line, to a point'zt a fence comer; thence NOoo-ll'-28"W, 1565.21 feet, along an existing north/south fence line, to a point at a fence comer; , thence S89°-40'-43"W, 507.98 feet, along nJ') existing eastlwest fence line, in part, to 11 point on the west line of said WYJNW'!4; thence NOoo-06'-19"E, 1661.38 feet, along said west line,to the CORNER OF BEGJNNING; ENCOMPASSING an area of 79.17 .acres, more or less; the BASE BEARING for thi~ survey is the north line of the SW~ of Section 24, T31N R119W, being N89°-47'-42"E; TOGETHER with a right of ingress and egress and utilities over, under and across a s1rip of land sixty (60) feet in width as described on the .attached description titled, "DESCRIPTION FOR IV AN S. JOHNS AND JEAN R. JOHNS SIXTY (60) FOOT ACCESS AND UTlLITY EASEMENT"; . , eACh ttcomer" found as described in the Comer Record filed or to b~ filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 14" ~teeJ reinforcing md with a 2" aluminum r:ap inscribed, "SURVEYOR .sCHERBEL LTD AFT ON Wy PLS 53-68'\ with appropriate details; all in accordance with the plat prepared to be .filed in the Office of the Clerk of Lincoln County 1itl~d, tlIVAN S. JOHNS AND JEAN R. JOHNS PLAT OF FAMILY EXEMPT ~TRA," , S, THIN THE WIhN I~ ~SW1h SECT.ION 24 T31N R119W LINCOLN CO' 0 . I MTNG", ded 1 . ch2005, as revIsed. , , ~ß\. f / þ', ~r . ; ·ö~ ,'~. .'~ . ~ ~ 'I ;>::IS8 ~\ ~ 2 ay 2005 0..( 't c:;\\-<;. \ : (;'.J?~. ~ "1 ) ~.,. \ ) \-/'1 fO, \, (:. I \ <::~~.- "Modification in a~9~H+f~~going description terminates liability of the surveyor" 9~ZZ04Z 000558 _õ :::;¡:;¡¡.' '____ ~~.,.!-; ~~.: ..... £~~ -':.._:.~ HARPER - LEAVLll ENGINEERING, INC. EXHIBIT A CML á ST.Rl1CTllRAl. fNCIN£WNC. MAT£RLU.S TESTINC " I.ÆVD SURVEYlNG BDDW ]tÆdal St.· P.O. Box B66 ,985 N. ûpilal Aut.. . P. O. Box 50691 B/4cl¢oot,IMko 83121 Idaho FAlls. LLihD 8340.5 (10.8) 785-1977 (20.S) 52~21Z Fax (20.8) 785-2990. ¡!IX (20.8) 524.~ 'WI/Ju..hleillc.cDm 'WW1lI.hlcinc.com Kerry Chadwick. Job No. 20643.1434 512~/2006 KHL Pond Area -Ivan Johns Tract , I·...: .01';" OJ. .." Part gf the SW 1/4 of the r#J 1/4 and thé 'f\JW''1/4" ófthe-:SW 1/4 of Sect r - ~ ' :" ~~ . ,'.' ,- ," Township 31 North, Range 119 West. P.M.:~iricOlh Cõunty. Wyoming de~. Beginning at the West 1/4 comer of Said Section 24, saId point b-eing the POINT UI BEGINNING and running thence Nooo06'1S"E 989.99 feet along the section line; thence NBS640'43"E 507.96 feet; thenœ 800·11'28"E 1565.18 feet; thence S8S·02'12PE 60.00 feet to the NW comer of the Bill Johns Tract as shown on Ivan S. JOhns and Jean R. Johns Plat recorded 5/4/2005 and indexed as map 381-8 in LIncoln County; thence SOoo59'19'W 45.77 feet along the west line of said Tract ; thence .. S2S'"'S'2S"E246.25 feet along the w6stüh~ of said Tract; ~henC9 S04'"03'SB"E 35.78 feet ~Iong said wast line to the SN comar of ~aid Tract; thence N71·49'44'W 718.93 feet along the north line of the Lori Johns Tract .as shoWn on said survey map, to the NW corner of said Tract, being on Ihe-west line Df said Section 24; thence NOO"06'43"E 653.31 feet along the section line to the POINT OF BEGINNING. Parcel contains 21.01 J:lcres. ililiD~~((;