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HomeMy WebLinkAbout924109 n.l;;vl;;IVI:U I I/O/¿UUO éf( I¿:I¿ t"M RECEì':;:;:.~:r;;;R;;.·~ 9241 09 ~'~~I""\"'S :::,~' BOOK: 6'31("" ., PAGE: 388 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY , ' ~:::::::*~¡::;:;~~1 ~. '!~'!I't!f!I'lt,f!tt' ;! ~ o 8 MORTGAGE DARREN K. HADERLIE and JEROL YN L. HADERLIE, mortgagors, of Lincoln County, Wyoming, to secure the payment of ONE HUNDRED TWO THdUSAND DOLLARS ($102,000.00) due with interest thereon at the rate of ZERO percent (0%) per year (said sum and the interest thereon, being referred to as the indebtedness, total indebtedness being ONE HUNDRED TWO THOUSAND DOLLARS ($102,000,00) payable in accordance with the provisions of that certain promissory note, dated April 1, 2006, hereby mortgage and warrant to DORIS COX, mortgagee, of Afton, Lincoln County, Wyoming, the following property to-wit: See description in Exhibit A. 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' 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 of foreclosure and sale, including J 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 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 sante to the payment of the indebtedness secured hereby until such default is remedied. In the event of foreclosure of this mortgage upon default, mortgagees shall be entitled to the possession Haderlie/Coz Mortgage Page 1 of 3 }¡~iJr~;~;r:m?:::;;:::.::,:::::\ '. ''''''I¿l'''''' .'..' , I.~"~i;: "·"·'1····'·"".... ... ill!i··... t ·,··:,·~l~,··,··,,·, ~ :~~~~~~~:~~1@;~~~~~:?' < ,.'..,.,.,.~.')'.....,.. " 11: \~(tl{o' ," ,." "ifl.·"·" "', ¡¡ijl. ···'·'·'···;':·~i'·"f. O~~41U~ 000389 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, if any, If mortgagors 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. Furthennore 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 ofthe State of Wyoming. Witness our hands this ~ day of ~a.'. 2006. ~.~... ^~ ~ ¡/~ DARREN K. HADERLIE ~n~ d.. --H~ E L YN L. HADERLIE [Acknowledgment on following page] Haderlie/Cox IIortgage Page :1 of 3 , ;:;~~¡j1:!;~::::i:;;i. ili O~~41,O~j STATE OF WYOMING ) ) ) SS. COUNTY OF LINCOLN ·;·....(~:-R....·.;.:.. :i·I~.. .. ' .. 000390 The foregoing instrument was acknowledged before me by DARREN K. HADERLIE and JEROL YN L. HADERLIE this,1.L day of ApRI, 2006. U~r Witness my hand and official seal. ROD R. JENSEN NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN ' . WYOMING t«'f COMMISSION EXPIRES OCTOBER 31,:zooe My Commission Expires: ,0"'#" ~,." Hader11e/Cox Mortgage Page 3 of 3 :~:::!~!*~~~*:; "·"'·I· ·tl.tltl '~. 09~~11.Ü9 000391. Exhibit A Beginning at the Northeast Comer of Section 25, T31N, R119W and running thence West 1320 feet, thence South 1320 feet, thence East 870 feet, thence North 220 feet, thence East 45'0 feet, thence North 1100 feet to the point of beginning and containing approximately 37.6 acres as described in the Quit Claim Deed, parcel 2, recorded in the records of the Lincoln County Clerk on September 24,2004, Book 568 PR Page 151, Instrwnent No. 903089. EXCEPTING THEREFROM: A parcel of the NEl/4 of Section 25, T31N, R119W, Lincoln County Wyoming with boundaries described as follows: Beginning at a point along the north boundary of section 25, said point being S89 17' 08" W 228 feet from the northeast comer of Section 25 and run thence S 00 07"00" W 260 feet to the section line. Thence N 8917'08" E 310 feet to the point of beginning. Encompassing an area of 1.85 acres more or less. AND Parcel A described in the Plat to accompany Parcel Division Application for Marvin E. Cox and Doris M. Cox, filed in the records of the Lincoln County Clerk September 3, 1997, Instrwnent No. 843372,#356D. I I