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HomeMy WebLinkAbout926765 RECEIVED 2/13/2007 . - . - ':1M RECEIVING # 92ti7ti5 BOOK: 648 PAGE: 636 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY O.P. Corporation (hereinafter collectively ("MORTGAGOR"), to secure the payment of Sixty-Five Thousand Dollars ($65.000.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (with the ultimate maturity date of which is March 15, 2010) and all renewals, modifications and extensions thereof, do hereby mortgage toKevin and Wendy Orvin (hereinafter collectively "MORTGAGEE") the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: 000636 MORTGAGE A tract of land located in and being a part of the NW 1/4 of Section 13, Township 21 North, Range 116 West of the 6th P.M., Lincoln County, Wyoming, also being a part of the Foothill Trailer Park of the City of Kemmerer, Lincoln County, Wyoming, said tract being more particularly described by metes and bounds as follows.' , . , Commencing at the Northeast corner of said Foothill Trailer Park described in Warranty Deed recorded December 30, 1992, in Book 322 PR on page 346 of records of Lincoln County Clerk, thence South 89 °59'03" West, 954.89 feet to the easterly boundary of the U.S. Highway 189 right of way boundary; thence South 04 °32' West, 534.19 feet along said easterly right of way boundary; thence North 85 °28' West, 50.00 feet along a jog in said easterly right of way boundary; thence along said easterly right of way boundary along a curve to the right, the radius of which is 1502.66 feet, a distance of 101. 7 feet through a central angle of 03 °51'15" to the point of tangency of said curve; thence South 04 °31'15" West, a distance of 52.48 feet to the Southwest corner of the Tri- Valley tract, described in Warranty Deed and Right of Way Easement Grant recorded March 15, 1985, in Book 224PR on page 584 of records of the said Lincoln County Clerk and the POINT OF BEGINNING of this description; thence South 04 °31'15" West, along said easterly right of way boundary 337.10feet; thence South 89 °56'21" East, a distance of 168.26feet; thence North 04 °31'15" East, 334.66 feet; thence North 89 °06'31" West, 10.00 feet to the southeast corner of said Tri-Valley tract; thence North 89 °06'31" West, along the southerly boundary of said Tri- Valley tract a distance of 158.09 feet to the point of beginning. Together with all and singular the improvements thereon or thereunto appertaining 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 insurable improvements on the Property against loss by fire, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value of such improvements, whichever is less, which insurance shall contain appropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time. The insurance proceeds or any part thereof, shall, at the option of the mortgagor, be applied either to the reconstruction of improvements on the property or to the payment of the indebtedness hereby secured. In the event MORTGAGOR fails to pay such taxes and assessments, or fail 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 ( /:-7) - -( \.LI' / 0926765 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 and interest, when the same shall become due; or in case default shall be made in any of the covenants and agreements thereof, I which default is not cured within thirty (30) days after notice thereof is given by MORTGAGEE, 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 the MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale and/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 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 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 MORTGAGOR only. THE PROPERTY IS NOT AGRICULTURAL PROPERTY AS DEFINED IN WYO. STAT. SS 1-18-103. WITNESS my hand this IBM day of February, 2007. State of Wyoming ) ).ss ) O.P. CORPORATION <&&éJ~ø ~ Brad PØrson, President ,pf? --- County of Lincoln On the /ji/¡ day of February, 2007, personally appeared before me Brad Pherson, who being by me duly sworn, did say that he is the President of O.P. Corporation, the corporation that executed the above and foregoing instrument and that said instrument was signed in behalf of said c9 ' .prat!pp. by authority of its bylaws (or by authority of a resolution of its board of directors) and 'i:~4~acknowledged to me that said corporation executed the same. I ,~.~.,,;. t" "-t ,,;', ~P1y hand and official seal. " <ie, , ,i ,p/~ ... ""':";"1<':'''"''';'''~",.:Æl:J. B:",'t; ~ ,.... {O¿ ~_ _2W>~~ d:~1'·,~~.Y.t.l~'~·:~'$'" Notat Pu 'c , ~}... OF ,\Jlt.\· ... r , ,~._.~.. ...' I F:\AWPData\Agreements\Pehrson, Brad & Laura\07-02-01 PHERSON Mortgage.wpd