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'"Of)K Z~'~ PRPAGE ' o c- MORTGAGE
~ ~ ~ ~,' ~,, ~,",- ,.
KHF Builders, Ine., a Wyoming corporation, (hereinafter
"MORTGAGOR"), to ~e~ure ~he payment of Four Thouaand Dollars
(~,000.00), with in~erest thereon, aS provided in ~nd evidenced b
promi~mory no~e of even d~e herewith (the ultimate ~aturi~y d~e o~ which
is the 1st d~y of October, 2002) and all renewals, modifications and extensions'
~hereof, does hereby mortgage ~o Joseph Messineo and Linda G.
(hereinafter collectively "MORTGAGEE") the following described real
proper~y, .~itua~e in the County of Lincoln, S~a~e of Wyoming, hereby
releasing a~d w~iving mil rtgh~ under ~nd by virtue of ~he homestead
exemption laws of ~ke Sta~e of Wyoming, ~o-wi~:
Lot Ninety Five (95) in Star Valley Ranch Plat Five
(5), as Platted and recorded in the Official Records of
Lincoln County, Wyoming.
Together with ill and singular the improvements
thereon or thereunto appertaining, (the "Property").
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all
taxes, assessments and charges levied against the Property, ~s the same become
due and payable; to secure, maintain and furnish MORTGAGEE evidence
thereot, insurance with an insurance carrier or carrier~ acceptable to
MORTGAGEE, covering the in~urable improvemimts on the Property agmin~t
loss by fire, with extended coverage, in an amount not less than the unpaid
balance o~ the debt hereby ~ecured, or the insurable value of such
improvements, whichever is less, which insurance shall contain al~
appropriate lens payable provision, protecting MORTGAGOR and
MORTGAGEE as their respective interests may appear from time to time, The
insurance proceeds or ar~y part thereof, ~hall, at the optien of the mortgagor, be
applied either to the reconstruction of ~provements 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 ,nd maintain such insuranc~
as herein provided, MORTGAGEE may pay such taxes and assessments ,,nd
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 ~ame 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 much
principal or interest, when the same' shall become due; or in case default shall
be made in any of the covenants and agreements thereof, which default is ~ot
cured within thirty (30) days after notice thereof is given by MORTGAGEE, or
in the event MORTGAGOR sells or cOnvey~ the ProperS, 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 and/or as otherwise authorized by governing law, to
foreclose on and sell the Properly, and out of the proceeds of such sa!e,
MORTGAGEE shall pay all sums due hereunder, together with all costs of
ndudmg reasonable attorney's fees. If the proceeds of the foreclosure sale are
insufficient to pay tho indebtedness hereby secured and foreclosure costs,
MORTGAGEE ~hall be entitled to a deficiency judgment.
In the event or' 'any default whereby the right of foreclosure occurs
hereunder," MORTGAGEE 'shall at once. become entitled to exclusive.
possession~ use and enioyrnertt of the Property, and to all rents, ~ssues and
profits from the accruing of any such rights and during th~ pendency
foreclosure proceedings, and fh~ period of r, dempflon, if any there be.
MORTGAGOR warrants ~itle to the ProPerty as to p~rties cla~ming~ by
through or under MORTGAGOR only.
TI-IE PROPERTY IS NOt AGRICULTLIRAL PROPERTY Ag DE,IN'ED
IN WYO. STAT. § 1-18-I03.
WITNESS my hand this 26th" day of September, 20131.
· STATE O1= WYOMING )
COU'NTY 01~ LINCOLN )
The foregoing ir~strument was acknowledged before rne by Prank
K.'r.achik as _~dL~z'_dz./.!..-_~._ ...... of KHF Builders, Inc., a Wyoming
corporation, this _ ~ ~, _ day of September, 2001.
WITNESS rn.y hand 'and official seal
SEAL
CI. ZUDIAANDERSON. NOTARY PU~,UC I //') ' : '
, ~y~om~issi~, apires May 25,~ Noary Public
My commission expire~: ~'i.~-o~