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HomeMy WebLinkAbout927341 u .....;J J:JbÔ ""ö"" .!.:J , ,., r~ '0 ,~ {) p <:.) .''"' .~ t,=;: ..6 b!)~- c:: II:: 0 0 '¡¡ ~ >. ,..c e rJ ,~~ :i § 'i::PJ.: 0 '.1[. "ö t,) IE ::¿ C\J g~~ ~~ ";::: "\J;!ì'- ",,:f-f '- ~ .£t::Q ,['- ã ~ ;< -;, í -'--,i . 1 0001.81. MORTGAGE M, Voigt Properties, LLC, an Idaho Limited Liability Comllany, of P.O. Box 1402 Idaho Falls, ID 83403, (herein collectively called 'MORTGAGOR"), to secure the payment of $140,320.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is February 1. 2011) and all renewals, modification and extensions thereof, do hereby mortgage unto Three Rivers Construction, Inc. of Alpine, WY, 83128, (herein called "MORTGAGEE"), 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 homestead exemption laws of the State of Wyoming, to-wit: Approximately 4.758 acres described as follows: Lot 4 of'ßlock 1 ofthe Proposed Gibb)1 Acres Subdivision, Lincoln County, Wyoming being more pal,ticularly dcscribed as follows: Beginning at a point that is South 89°59'57" East 1106.80 feet from the NOI·thwest cOI'nel' ofthe SW1I4NWl/4, Section 20, Township 37 NOI'th, Range 118 West, of the 6'h Principal Melidian, Lincoln County, Wyoming and running thence South 89"59'57" East 210.00 feet along the North line of said SWII4NWII4; thence South 00°00'08" West 748.55 feet along the East line of said SW1I4NW1I4; thence North 89°59'57" West 210,00 feet; thence North 00°00'08" East 748.66 feet to the point of beginning. Lot 5 ofßlock 1 of the .PI'oposed Gibb)' Aues Subdivision, Lincoln County, Wyoming being more particulal'ly described as follows: Beginning at a point that is South 89°59'57" East 850.31 feet from the NOlihwest comer ofthe SW1I4NW1/4, Section 20, Township 37 North, Range 118 Wc.~t, of the 6'11 PrinciJ)al MelÌdil1n, Lincoln County, Wyoming and running thence South 89°59'57" East 256.49 feet along the North line of said SWl/4NW1I4; thence South 00°00'08" West 195.12 feet; thence North 89°59'57" West 256.49 feet; thence NOI·th 00°00'08" East 195.01 feet to the [Joint of beginning. 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 salelor as otherwise authorized by governing law, to foreclose on and sell the Property, and out of the proceeds of such sale, MORTGAGEE shal1 pay al1 sums due hereunder, together with all costs of sale including reasonable attorney's fees, Ifthe proceeds ofthe foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. RECEIVED 3/5/2007 at 2:29 PM RECEIVING # 927341 BOOK: 650 PAGE: 181 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0927341 In the event of any default whereby the right offoreclosure 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. .2,ç¡ c.-1'h .-r Witness our hands this ~ day of JÚh ( Nl (J~O æ7 000182 M. Voigt Properties, LLC, an Idaho Limited Liability com~ ..---- ~v,~& STATE OF ~hO County of ~"'Y'''''Å;¡.' ¡Ie.. } } ss: I certifY that I know or have satisfactory evidence that is/are the who appeared before me, and said person(s) acknowledge that signed this instrument, on oath stated is/are authorized to execute the instrument a acknowledge it as the Dated: ,,/ ... / Notary Publ ic in and for the State of Rèsiding at My appointment expires: State of Idaho } C }ss. ounty of Bonneville } On this 36 ~~ day of ~\î lALlc ~bliC in ~nd f~r said state, personally appeareJ f'Y-\..~ ,-H: (Jt~e,~arf-2007, before me, a Notary . o~ or IdentIfied to me to be the fvî ~æ ..e.-r I ;J- LIabIlIty Company known as ,. Cj' c r.:> ~ S L-L<:., ~:::ted the foregoing instrument, and acknowledged to me that in the Limited who executed the same in said LLC IN WITNESS WHEREOF, I have hereunto set m h d d iliƒ oorufic"c ~:,,:~~~~,,~tie~ y ,. 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