HomeMy WebLinkAbout876232 HEATH DIRK JENSEN and CARRIE JENSEN, husband and wife, mortgagors~
pf Afton, Lincoln County, Wyoming, to secure the payment of Ninety Thousand Dollars
($90,000) due with interest thereqn at the rate of Seven percent (7%) per year (said sum
and the interest thereon, being referred to as the indebtedness), payable in accordance
with the provisions of that certain promissory not, dated September 21,2001, hereby
mortgage and warrant to Catherine Ann Veigel, or her heirs or assigns, mortgagee, of
Afton, Lincoln County, Wyoming, to-wit:
Beginning at a point of the Southwest Comer of Lot 3 in Block 10 of the Afton
'Townsite, Lincoln County, Wyoming arid running thence North 6 1/2 rods, thence
East 4 rods; thence South 6 1/2 rods; thence West 4 rods to the place of
beginning.
Together with and including all improvements thereon and all appurtenances a~d
hereditaments thereunto belonging.
Subject to all covenants, conditions, restrictions, easements, reservations, rights
and rights-of-way of sight and/or record.
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 mortgagee's option, become due and payable
forthwith, and mortgagee 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, mortgagee shall retain or receive all sums due to it hereunder, and costs
· of foreclosure and sale including 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 mortgagee the benefit of the security interests in the premises
granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable
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for the use and occupancyOfthe premises by an person in possession thereof with,
mortgagors' consent. If default occurs in any of the covenants and agreements herein '
contained, whether or not mortgagee elects to foreclose this mortgage on account thereof,
mortgagee shall at once be entitled, and is hereby authorized, to collect the rents from the
premises and to .apply the same to the payment of the indebtedness secured hereby until
such default is remedied.
In the event of foreclosure of this mortgage upon default, mortgagee shall be
entitled to the possession 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 mortgagee promptly upon its request therefbre, mortgagee
may compel delivery thereof by an ejectment action or other civil proceeding appropriate
to that purpose.
Furthermore 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, mortgagee 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 of the State of Wyoming.
WITNESS our hands this 21" day of September, 200!.
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CARRIE JENS[EN, Wife
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
" The foregoing instrument was acknowledged before me by HEATH DIRK
JENSEN and CARRIE JENSEN, Husband and Wife, this ,~ ~5~ day of September,
2001. WITNESS my hand and official seal. /~()
NOTARY PUBLIC
My Commission Expires:
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