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HomeMy WebLinkAbout922652 RECEIVED 9/21/2006 at 3:20 PM RECEIVING # 922652 BOOK: 634 PAGE: 376 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (\ 000376 MORTGAGE DOUGLAS C. KEIR and DENESE C. KEIR" mortgagors, of McDuffie County, Thomson, GA, to secure ~ the payment of FIFTY TIlOUSAND DOLLARS ($50,000.00) due plus interest thereon at the rate of six percent » . CbII C .= (6%) per year (said sum and the interest thereon, being referred to as the indebtedness), payable in accordance G) S e 0 0» ~ È ~ with the provisions of that certain promissory note dated October 1, 2006, hereby mortgage and warrant to ¡:; 0 0 - ~ » ~ ~ ~ RA YMOND R. TRIPLETI and SANDRA T. TRIPLETI, a married couple, mortgagees, of Afton, Lincoln :::~ 0 Ü -c y ~ ~ ~ County, Wyoming, the following property to-wit: ::>'::1 :1'- nE--< = 8 Attached hereto as Exhibit A. (need Property description) .. fJ := < If default occurs in the payment of the indebtedness 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 mortgagees' ",,' ,- Ii option, become due and payable forthwith, and mortgagees 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, mortgagees shall retain or receive all sums due to it hereunder, and costs offoreclosure and sale, including attorney fees in an amount equal to ten percent ofthe 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 fully assure mortgagees the benefit of the security interests in the premises granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy 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 mortgagees elect to foreclose this mortgage on account thereof, mortgagees shall at once be entitled, and are 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. lCeir/Triplett Mortgage Page 1 of 3 ~~~~~~;i~~m¡~} ........._.~_. '. .0922652 000371 In the event of foreclosure of this mortgage upon default, mortgagees shall be entitled to the possession and enjoyment of the premises and the incident rents, issues, and profits thereof from the time of such default and for and during the pendency of foreclosure proceedings and the period of redemption, Wany. Ifmortgagors should fail to surrender such possession to mortgagees promptly upon its request therefore mortgagees 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 as a 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, mortgagees 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 receiver may be appointed by any court of competent jurisdiction 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. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Witness our hands this PI""'" day of ~..l-.iL- ,2006. ºt~ DOU AS C. KEIR , ~~~~~~~'-~ DENESE C. KEIR - lCeir/Triplett Mortgage Page 2 of 3 U9~265~ 00037B STATE OF WYOMING ) ) ) SS. COUNTY OF LINCOLN The foreg9ing mortgage¿,~~~owledged before me by DOUGLAS C. KEIR and DENESE C.KEIR this / 'Ie-- day of ~('r, 2006. Witness my hand and official seal. ROGER J. COLII_TARY PUBLIC COUNTY OF 'STATE OF UNCOLN WYOMING MY COMMISSION EXPIREs .w«JARy 29. 200Ø ~f~ N ~BLIC My Commission Expires: /-,2 7 - ø6 lCeir/Triplett Mortgage Page 3 of 3 t '] '..;.,' ",Ie.-""· ..,.,.,o..t I' ".,:!~, .. " ;"'-:¡".,"""-',"; :.8.:~_~L;..L~" m~itiI; ;~M~1~~i: 09ZZ6SZ 000379 EXHIBIT "A" . . Lot 1 of the South Ridge Ranches. Uncoln County. Wyoming as described on the official plat filed July 21, 1998 as Instrument No. 851982 in the records of Lincoln County Clerk.