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HomeMy WebLinkAbout926685 u ::j .Èì' oõ "0 = -& '§ 5 ~ ë~,¿, ..... r:: g.>oo ·v ~ >.. ..0 e dJ a..'Jut .'- V) :J ïe: ~ 0 <11>"0 t> IE C; '" ::i '" V "" I ) '" I!J>';: "tC> .- "",f-< ..- I ) £f;u m '- ~ ~ ci' w ~ a: a. w C'\ ~ ~ C'\ 1l)e,øa:~ ~~:~~ ñíCD(!)(!)~ I:)~~~ffi o w-' ~* Zü ~~ z~ 05~~~ W-e,ø ,...J >~.. 0 -w~ ü Wa:O z 00-' W m 0 0:= ~ ::J "'2.' CI __ I \q /), lVY'- MORTGAGE .Jewett Const 'uetion, Ine.. all Arizona COI'(lOI'ation, of 10939 N, Alpine Hwy 11]28 Highland! UT 84003, (herein collectively called 'MORTGAGOR"), to secure the payment Òf $110.000.00, with interest thereon, as provided in and evidenced by a I promisso~ note of even date herewith (the ultimate maturity date of which is January 4, 2009) anq all renewals, modification and extensions thereof, do hereby mortgage unto EIJis Fam~Jy Partnership, Ltd. of 1699 E. 6525 South Salt Lake City, UT 8412] (herein called "MjORTGAGEE"), the following described real property, situate in the County of Lincoln, State of WY, hereby releasing and waiving all rights under and by virtue of the homesteatl exemption laws of the State of Wyoming, to-wit: I I I I'art l¡fTnJ('( 82. Township 24 NOl'th, Range 119 West, (i'h !'.M., in thl' Town of Col'I'rille, Lincoln County, Wyoming, said parcellwing more particularly described as follmr: I COMj"lENCING lit the NOl'thwe~t co rueI' ofTra'~t 90, Township 24 NOI·tll, Range 119 WI~st, 6 'tlll'':V!".. rUnning, th,e',lIcI~ South 119':' 111'28" East, Iß5.{)8, feet along tI',eNorth line there! f; thenc, South {)"49'J2" \VI'st, 1453.42 fed to th(' Northwest ('orne¡' ol'tht· Heuctt !~ddìtion; thenet South 18"43'28" East. 235.40 feet along ihe West line thereof to the l'OlNT OF B.EGINNING. SlIid point of bl~ginning lying on the Eastc¡'ly right-of wuy line of the Llnion ,I>aeifie naill'oall com, pany's Oregon Shortline railroad. said point of b ginning also I)'ing on the South line of Sixth Street; thene ' South 89" 15'28" Eust, 342.85 feet nlon!!; said South line; them'e South 0"44'32" '\-Vest. J(iO.OO feet; th('nc~ SOllth 89"15'28"l':nst, 385.00 fel~t; thenC¡ South 0"44'32" West, 313.86 feet along said West line to a (loint 011 the South Ii Ie of the C.R !lohel'ts ,III Sons Addition; thell(~, South 78"29' .n" W ('st, 465.36 feet aIling said South line and the extl'l/siol/ t~ereorto a [Ioint on the West line of said Heuett Addítion and s;Iicl Easterly right- of·",.I}' line of the Union Pacific Ihilrc)ad Company's Oregon Sh0l1line railroad: thenc~ ;-'¡(IJ'th 18",13'28" West. 819.45 feet alon ! suid \Vest line and EIIstel'ly I'jght-of- w~uv line to the POINT OF I1EGINNING. I· LESSIANI) EXCEPT tiny IlIlId lying within tbl' streds and alleys o1'1he Heuett Addition to the Town of Colœvìlle of record in the Ol1ke of the Clerk of Lincoln County asl'llIt No. q~). LJ~SSIANl) EXCEl']' any land lying within the streets and alleys of tlte C.R. Uoberts & Sons ,'~dllitiOn to fhe ]'own of Cokeville recorded Angust 13. 1985 as lnstrumellt No. 640821' of the records of the Lincoln Count)' Clerk MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessmerlts and charges levied against the property, as the same become due and payable; tþ secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurarlce carrier or carriers acceptable to MORTGAGEE, covering the insurance improve~ents 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 V~alue (replacement cost) of such improvements, whichever is less, which insurance hall contain an appropriate loss payable provision protecting MORTGAGOR and MOR GAGEE as their respective interests may appear from time to time. In the event MO~TGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such taxes and assessmeJts and may secure and pay for such insurance, and all sums so paid shall be added to ~nd considered a part of the indebtedness hereby secured and shall draw interest at the sam:e rate. In case default shall be made in the payment of the above sums hereby secured, or in the payment qr 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 agreemen{s 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 I I I I UUUiSti1 O~~6G85 000362 i 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 gove~ning law, to foreclose on and sell the Property, and out of the proceeds of such sale, M<DRTGAGEE 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 tþ a deficiency judgment. In the event of any default whereby the tight of foreclosure occurs hereunder, MORTGAGEE shall at once become efitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues d profits from the accruing of any such rights and during the pendency of the foreclos re proceedings, and the period of redemption, if any there be. MORTGAGOR warrants title to the Prqperty as to parties claiming, by, through or under the MORTGAGOR only. Witness our hands this S day of Stateof ~ ) )55, cOUnryof~~ The f~Oing instrum~was acknowledged be ore me thi5~ day Of~20qL by ~ \. -e.AA}.R +B- I " - .- - ., 0