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Home My WebLink About922505 Aue 31 2006 1:25 u j ..... . ,J:JO) "'C .5 II) e "Eo o ..... ~ ~ >. ......... -a ~oo .- ~ ..... ~e~ "'01:: .- '" ::I ¡: ¡¡¡ 8 II)"'C œ S ã "I ::I II) CQ 8,;:¡ "'C .- ",E-< .- II) F.~ ~ HP LASERJET FAX p.? Ie¡ 000856 MORTGAGE Nee Perez Garcia, and Eva Zarate Tzompa, husband and wife, collectively hereinafter Mortgagor, ofP.D. Box 997, Thayne, Wyoming 83127, to secure the payment of Seventy One Thousand Five Hundred Dollars ($71,500.00) due with interest thereon at the rate of seven and one half percent (7.5%) per year (said sum and the interest thereon, being referred to as the indebtedness), payable in accordance with the provisions of that certain promissory note, dated August 31, 2006, hereby mortgage and warrant unto Daniel M. Hesse, of P.O. Box 3, Auburn, Wyoming 83111, or his heirs or assigns, mortgagee, fa wit: ~ a:: w a:: w co ~ It) III) a:: ~ :'IðIOWW ~:ð¡jjz~ qNC)C)~ 8N<~n:: oCJ)Q..:>w ~ w~ It)* Z""" ....C) >- Òiz z.... c>~~~ w-co '....I >~.. 8 -w~ w 0 z un::o ...J W III 0 ~ ~ :J ~ Q.. That part of the SE1/4NE1I4 of S24, T31N, Rl19W. fi1' P.M.. Lincoln County, Wyoming, BEGINNING at a P-K nail on the East Iinc of said SE1/4NE1I4 and within the right-of-way of State Highway 241, NOOo_ lO'E, the base bearing of this survey. 641.85 feet hom the East one-~ COIIlCl' of said S24 found as described in the Certified.l.and Comer Recordation Certificate of record in said Off'x:e, theoce S89"-50.8'W 39.26 feet to a point under a right-of-way fence for said highway; thence continuing S89°-S0.S'W 433.23 feet along an existing fence to a point for the intenection oía North-South existing fence. Thence NOl0-00.s'E, 149.56 feet along said North-South fence to a point for the intersection of an East-West existing fence; thence N89Q-48.2'E, 431.07 feet along said East-West fence to a point under said right-of-way fence; thence continuing N89° -48.2'E, 39.26 feet to a P-K nail on the said East line wjtlùn the said right-ai-way thence SOOO-lO'W, 149.89 feet along said East line to the Place of Beginning. Encompassing an area of 1.62 acres more or less. Including and together widt all and singular tbe teœm.ents, wedilaments. apputte:oances and improvements thereon or thereunto belonging, and any rights of grantor to minerals thereunder, if any there be, but subject to reservations and restrictions contained in the United States Patent, taxes, assessments, covenants., conditions., restrictions, reservations, encroachments, rights-of-way and easements of sight andlorrecord. If default occurs in the payment of the indcbtedness or in the payment of any installment thereof, or if default occurs in any of the covenants and agreements hereof, then the whole indebtedness shall, at mortgagee's option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by advertisement and sale of the premises as provided by statute, or by an action in equity, Out of the proceeds of any foreclosure sale, mortgagee shall retain or receive all sums due to it hereunder, and costs of foreclosure and saJe including attorney fees in an amount equal to ten percent of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in any equitable action brought to foreclose this mortgage. To fu1ly assure mortgagee the benefit of the security interests in the premises granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable lliili~¡ttt~}~!i~ Mongagc Paue ~ ,~~J ~., ~::::¡::::::;:;::;:;:::: AUf; 31 :25 HP LASERJET F fì:~~::::;'~ï;::::::: :::~::::~~:~:~:::: p.8 __ ,J: ~~~;¿~US , ... 000857 for the use and occupmcy of the premises by any person in possession thereof with mortgagors' consent. If default occurs 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 the rents from the premises and to apply the same to the payment of the indebtedness secured hereby until such default .is remedied. In the event of foreclosure of this mongage upon default, mortgagee shall be entitled to the possession and enjoyment of the premises and the incident rents, issues, and profits theceof from the time of such default and for and during the pendency of foreclosure proceedings and the period of redemption. if any. If mortgagors should fail to surrender such possession to mortgagee promptly upon its request therefore, mortgagee may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. Furthermore and in addition to the remedies otherwise provided for in this mortgage and by law. and asa matter of right, without regard to the solvency or insolvency of mortgagors, the value of the premises, or the sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the expiration of any redemptive period provided by law. Such recciver may be appointed by any court of competent juri&diction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application being hereby consented to by mortgagors. Mortgagor hereby releases and waives all rights under and by virtue of the homestead exemption laws of the State of Wyoming. WITNESS our hands this ~ day Of~~ /~ ~.Z ~tJ7"U~ Noe Perez Garcia d~ æ~¿ ~/ Eva Zara Tzompa ACKNO~GEMœNTSONFOLLO~GPAGE Mortgage Page 2 DO / AUf; 31 2006 1:25 HP LASER JET FAX p.9 '!J-' q-:"->ror:; , OJ¡1.,,¡,/C,ø,'" .._ 000858 STATE OF WYOMING ) ) 58. ) COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Noe Perez Garcia, this Isr daYOf~ WITNESS my hand and official seal. ~o.-WvJ! ßr-~ NOTARY PUBUC My commission expires: 9 - /6- 0 7 GLORIA K BYERS - NOTARY PUBLIC County of & State of Uncoln ~ Wyoming My CommIssIon Expires Sept.:15, 2007 STATE OF WYOMING ) ) ss. COUNTY OF UNCOLN ) The foregoing instrument was ~cd before me by Eva Zarate Tzompa, 18T daYO~ this WITNESS my hand and official seal. .AW~#~ NOTARY PUBLIC My commission expires: 9 - / & - 0 '7 GLORIA K BYERS. NOTARY PUBUC County of A State of Uncaln . Wyoming My CommIssion Expires Sepl15, 2007