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HomeMy WebLinkAbout925715 000181. iI' I MORTGAGE Sherri Lynn McClintock and Kit R. Long, as Joint Tenants, of PO Box 223 Afton, WY 83110, (herein collectively called 'MORTGAGOR"), to secure the payment of $28,500.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is ) and all renewals, modification and extensions thereof, do hereby mortgage unto Frank E. Magee III and Helen Magee of P.O. Box 826, Aftion, Wyoming 83110 herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State ofWY, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: That part ofthe SE1I4SE1I4 of Section 16, Township 32 North Range 119 West of the 6th P.M., Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County in Book 379PR on page 282, and all of that tract of record in Book 387PR on page 46 described as follows: Beginning at the Northwest corner of said SE1I4SE1I4, within the bounds of Wyoming State Highway 238 and running thence North 89°30'19" East, 552.18 feet, along the North line of said SE1!4SE1I4, to a point; thence South 00°02'29" West, 193.62 feet, along an existing fence line, in part, to a point; thence South 88°43'53" West, 551.87 feet to a point on the West line of said SE1I4SE1I4, within the bounds of said Highway 238; thence North 00°04'57" West, 201.07 feet, along said West line, to the CORNER OF BEGINNING. '~.r tJ 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, 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. ~v RECEIVED 12/29/2006 at 2:51 PM RECEIVING # 925715 BOOK: 645 PAGE: 181 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY U~~ ~.t' .L~ O 0 0 I!I .'t"J Ø'j) . '~'''''> ~AíI Witness our hands this L day of ~"':.. ~ '6,"'A< !Jf,(LoY i Sherri Lynn Me hntoek O./X- .200;'.~ ~!/ ¡;,/' ifl· State of 'Lû"'iO County of ~ ) )ss. ) The for~oing. instrument was ackno~ore me this l {- day of ~ by ~JI.,tIlAÂ.. ~ ~ ~Þoër . ,20 ok Witness my hand and official seal ~d.V<~ Not ublic: My nnmSSlon exptres: ."·...1~ ~..,,.·ti - JILL H. LARSON -NO-fA COUHrv OF STATE OF UNCOlN \WOMINO MY COMMISSION EXPIRES JUNE 20 2007 lie