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RECEIVING # 932705
BOOK: 670 PAGE: 793
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE 000793
KNOW ALL MEN Y THESE PRESENTS, that on this ) 81J day of August 2007,
Ball Family Chapel LLC, Wyoming flexible limited liability company, herein designated
as Mortgagor, whose ailing address is 236 Jared Lane, Evanston, Uinta County,
Wyoming 82930, to sec re the payment of the principal sum of ONE HUNDRED FIFTY
THOUSAND DOLLARS ($150,000.00), as evidenced by a promissory note and any
amendments thereof of en date herewith and payable to the order of Crandall Funeral
Properties, L.L.C., a W oming flexible limited liability company, whose mailing address
is P.O. Box 644, Evanst n, Wyoming 82930, Mortgagee, and hereby mortgages and
warrants to said Mortgagée, the following described real estate, situated in Lincoln County,
State of Wyoming, hereby waiving and releasing any and all rights under the homestead
exemption laws of said State, to-wit:
6010715138
The South one-half of Lot 7 and all of Lots 8 and 9 of Block 9 of the Original
Town of Kemmerer, Wyoming as said lots and block are laid down and
described on the official map and plat of said Town on file and of record in
the office of the County Clerk and Ex-office Register of Deeds in and for
Lincoln County, Wyoming.
TOGETHER WITH all improvements, appurtenances, hereditaments and all
other things thereunto belonging or in anywise appertaining.
SUBJECT, HOWEVER, to all easements, rights-of-way, covenants,
reservations and restrictions of record or visible upon inspection.
The Mortgagor hereby covenants and agrees that it is lawfully seized of said
premises, that they are free from all encumbrances, except as noted herein, and hereby
covenants to warrant and defend the title of said premises against the lawful claims of all
persons whosoever.
And the Mortgagor covenants and agrees with the Mortgagee as follows:
1. That it will pay the indebtedness, as hereinbefore provided. Privilege is reserved
to prepay the debt in whole without penalty.
2. That the Mortgagor will pay all ground rents, taxes, assessments, water rents and
other governmental or municipal charges, and other lawful charges including but not limited
to mechanics and materialmen's liens and will promptly deliver the official receipts therefor
to the said Mortgagee within 30 days of payment of the same. In default thereof, the
Mortgagee in its sole discretion may pay the same, and all sums so paid will be added to
and considered a part of the above indebtedness hereby secured, and will draw interest
at the same rate, or in the alternative Mortgagee may declare a default and avail itself of
all remedies hereunder.
3. That nothing will be done on or in connection with said property which may impair
the Mortgagee's security hereunder, the Mortgagor will commit, permit or suffer no waste,
impairment or deterioration of said property nor any part thereof, and said property will be
continuously maintained in good and sightly order, repair and condition by the Mortgagor
at its expense.
4. Mortgagor covenants 9nd agrees that it will not sell and convey the premises
without the written consent of the Mb¡ rtgagee first being obtained, which cons, en! Mortgagee
shall not unreasonably withhold.
5. That in the event that there exists or may exist on the mortgage premises now
or in the future any underground storage tanks (U.S.T.'s), hazardous substances, toxic
substances or machinery or equipment capable of producing hazardous or toxic emissions
or substances as defined by any federal, state or local law, Mortgagor will defend all claims
arising therefrom, and will indemnify Mortgagee for any and all damages, including costs
of clean up, and compliance, actually incurred by Mortgagee, and arising in any manner
as a result of said underground storage tanks, hazardous or toxic substances or emissions.
Any damages so incurred and paid by Mortgagee will be added to and be considered a
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000794
part of the above indebtedness hereby secured, and will draw interest at the same rate.
In addition, Mortgagor shall comply with all federal, state and local laws, regulations
and ordinances, regarding said underground storage tanks, toxic and hazardous
substances and emissions, including but not limited to provisions regarding monitoring
devices, reporting requirements, and liability insurance requirements. Mortgagor shall
provide proof of such compliance to Mortgagee upon request of Mortgagee.
6. That it will keep the improvements now existing or hereinafter erected on the said
premises insured as may be required from time to time by the Mortgagee against loss by
fire and other hazards, casualties, and contingencies in such amounts and for such periods
as may be required by the Mortgagee, but in no event for any amount less than the
outstanding balance hereunder and will pay promptly, when due, any premiums on such
insurance. All insurance shall be carried in companies approved by the Mortgagee and the
policies and renewals thereof shall be held by the Mortgagee and shall contain a full
Mortgagee endorsement therein in favor of and in form acceptable to the Mortgagee. In
an event of loss it will give immediate notice by mail to the Mortgagee, who may make
proof of loss if not made promptly by the Mortgagor, and each insurance company
concerned is hereby authorized and directed to make payment for such loss directly to the
Mortgagee instead of the Mortgagor and the Mortgagee, jointly, and the insurance
proceeds, or any part thereof, may be applied by the Mortgagee at its option either to the
reduction of the indebtedness hereby secured or to the restoration or repair of the property
damages. In an event of foreclosure of this mortgage or other transfer of title to the said
premises in extinguishment of the indebtedness secured hereby, all right, title, and interest
of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser
or grantee.
7. That in case the Mortgagor defaults in the payment of ground rents, if any, taxes,
assessments, water, or other governmental or municipal charges, insurance premium
payments or other lawful charges, as herein provided, the Mortgagee may without notice
or demand pay the same and in case of any failure on the part of the Mortgagor to comply
with the covenants of paragraph 3 hereof, the Mortgagee may effect such repairs as it may
reasonably deem necessary to protect the property, at the expense of the Mortgagor. The
Mortgagor covenants and agrees to repay such sums so paid and all expenses incurred
by the Mortgagee, as required by Mortgagee, with interest thereon from the date of
payment, at the same rate as provided in the Note herein described, and the same shall
be a lien on the said premises and be secured by the said Note and by these presents and
in default of making such repayments, the whole amount hereby secured, if not then due,
shall, if the said Mortgagee so elects, become due and payable forthwith, anything herein
contained to the contrary notwithstanding. In the alternative Mortgagees may forego any
such payment and declare a default hereunder, in Mortgagee's sole discretion.
8. That in the event the property covered hereby is sold under foreclosure and the
proceeds are insufficient to pay the total indebtedness secured hereby, the Mortgagor
binds itself to pay the unpaid balance and accruing interest thereon and the Mortgagee will
be entitled to a deficiency judgment for all said amounts together with costs and
reasonable attorneys fees incurred by Mortgagee.
9. Upon occurrence, with respect to any Mortgagor, assignee, maker, endorser or
guarantor hereof, of any following:
Calling of a meeting of creditors; application for, or appointment of, a
receiver of any of them or their property; filing of a voluntary or involuntary
petition under any of the provisions of the Bankruptcy Act or amendments
thereto; issuance of a warrant or attachment; entry of a judgment; failure to
pay, collect or remit any tax or tax deficiency, Federal, State or local, when
assessed or due; death, dissolution; making, or sending notice of an
intended bulk sale; mortgage or pledge of any property; suspension or
liquidation of their usual business; failure, after demand, to furnish financial
information or to permit inspection of any books or records; default in
payment or performance of the note secured by this mortgage or any other
obligation to, or acquired in any manner by payee, or if the condition or
affairs of any of them shall change so as in the opinion of the Mortgagees or
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000795
other legal holder hereof, shall increase their credit risk - the note and all
other obligations, direct or contingent, of any maker or endorser hereof to
payee shall become due and payable immediately without notice of demand.
That in case default shall be made in the payment, when due, of the indebtedness
hereby secured or of any installment thereof, or any part thereof, or in case of breach of
any covenant or agreement herein contained, the whole of the then indebtedness secured
hereby, inclusive of principal, interest, arrearages, ground rents, if any, taxes,
assessments, water charges, expenditures for repairs or maintenance, together with all
other sums payable pursuant to the provisions hereof, shall become immediately due and
payable, at the option of the Mortgagee, although the period above limited for the payment
thereof may not have expired, anything hereinbefore or in said Note contained to the
contrary notwithstanding, and any failure to exercise said option shall not constitute a
waiver of the right to exercise the same at any other time, and it shall be lawful for the
Mortgagee to proceed to enforce the provisions of this mortgage either by suit at law or in
equity, as it may elect, or to foreclose this mortgage by advertisement and sale of the
above-described premises, at public vendue, for cash, according to Wyoming statutes
governing mortgage foreclosures, and cause to be executed and delivered to the
purchaser or purchasers at any such sale a good and sufficient deed or deeds of
conveyance of the property so sold and to apply the net proceeds arising from such sale
first to the payment of the costs and expenses of such foreclosure and sale and in payment
of all moneys expended or advanced by the Mortgagee pursuant to the provisions of
paragraph 5 hereof, and then to the payment of the balance due on account of the
principal indebtedness secured hereby, together with interest thereon and the surplus, if
any, shall be paid by the Mortgagee on demand, to the Mortgagor. There shall be included
in any or all such proceedings, a reasonable attorney's fee. In case the Mortgagee shall
fail promptly to foreclose upon the happening of any default, it shall not thereby be
prejudiced in its right of foreclosure at any time thereafter during which such default shall
continue and shall not be prejudiced in its foreclosure rights in case of further default or
defaults.
10. This Mortgage is subordinate and junior to, and the mortgaged premises
encumbered by, a prior mortgage given by Mortgagor to 1st Bank and the Mortgagor shall
fully pay and discharge said encumbrance and furnish proof of payment to Mortgagees on
request.
11. That in case of any default whereby the right of foreclosure occurs hereunder,
the Mortgagee shall be entitled to exclusive possession, use, and enjoyment of all property
aforesaid, and to all rents, issues and profits thereof, from the accruing of such right and
during the pendency of foreclosure proceedings and the period of redemption, if any there
be.
12. No failure by the Mortgagee or any legal holder hereof to enforce any right set
forth herein nor the granting of any extension of time nor taking of additional security, nor
partial release of security or the making of future advances, shall act to constitute a waiver
of the right to enforce any and all remedies provided herein nor shall it act to discharge or
release the collateral.
13. That the covenants herein shall bind, and the benefits and advantages shall
inure to, the respective heirs, executors, administrators, successors, and assigns of the
parties hereto. Whenever used, the singular number shall include the plural, the plural the
singular, and the use of any gender shall include all genders.
14. Upon request of Mortgagor, Mortgagee, at Mortgagee's option prior to release
of this Mortgage, may make future advances to Mortgagor. Such future advances, with
interest thereon, shall be secured by this mortgage when evidenced by promissory notes
stating that said notes are secured hereby.
15. Mortgagor waives all rights of homestead exemption in the property and
relinquishes all rights of curtesy and dower in the property.
16. All notices required hereunder, or required by the laws of the State of Wyoming
regarding mortgages and foreclosure thereof shall be mailed to the parties at the following
addresses:
3
William Ball
Ball Family Chapel LLC
236 Jared Lane
Evanston, WY 82930
000796
Greg Crandall
Crandall Funeral Properties, L.L.C.
800 Uinta St
P.O. Box 644
Evanston, WY 82931-0644
It shall be the obligation of Mortgagor to notify Mortgagee in writing of any change
in the address set out above. Mortgagee shall be entitled to rely upon the address set out
above for all purposes hereunder, unless written notice of change is received from
Mortgagor.
'n~
IN WITNESS WHEREOF, the Mortgagor has set his hand(s) this 2-.p day of
;ll/lú>v 7( 2007.
Ball Family Chapel LLC
BY~~
William Ball
STATE OF WYOMING )
)ss.
COUNTY OF )
r'" ~ '\
This instrument was acknowledged before methis J8 dayof" ~~í
2007, by William Ball.
WITNESS my hand and official seal.
'&L
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01 ry~
My Commission Expires: 9 '\ 9-11 dDI D
MACKENZIE LARSON
COUNTYOf'
UMII
NOTARY PUBUC
STIlTE Of'
WYOMING
~ìlJ.DIC
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