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Home My WebLink About933282 \t" \ ...,I ~ \.3/ MORTGAGE DEED 000819 It. EXECUTED this 1£ day of September, 2007, Kenneth A. Hollis and Bonnie J. Hollis, Husband and Wife, of Auburn, Wyoming, hereinafter called the MORTGAGOR, to Obed L. and Theresa A. Wogerman Family Trust, Dated May 20, 1999, Obed L. Wogerman and TheresaA. Wogerman, Trustees, of Auburn, Wyoming, hereinafter called the MORTGAGEE. (Whenever used herein, the term "MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs, legal representatives, and assigns of corporation; and the term "NOTE" includes all the notes herein described if more than one). WIT N E SSE T H: THAT FOR GOOD and valuable considerations, and also in consideration of the aggregate sum named in the Promissory Note of even date herewith, hereinafter described, the MORTGAGEE hereby grants, bargains, sells, aliens, remises, conveys, and confirms unto the MORTGAGORS, all the certain land of which the MORTGAGEE is now seized and in possession, situated in Lincoln County and State of Wyoming, more particularly described as follows, to-wit: u,ô Lot 1 of STUMP CREEK ACRES, Lincoln County Wyoming, as shown on the official plat thereof filed September 13,2007, as Receiving No. 933077, in the Office of the Clerk of Lincoln County, Wyoming. TO HAVE AND TO HOLD the same together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the MORTGAGEE in fee simple. And, the MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR is indefeasibly seized of said land in fee simple; that the MORTGAGOR has good right and lawful authority to convey said land as aforesaid; that the MORTGAGOR will make such further assurances to perfect the fee simple title to said land and the MORTGAGEE as may reasonable be required; that the MORTGAGOR hereby warrants the title to said land and will defend the same against the lawful claims for all persons whosoever; and that the said land is mortgaged as known by this mortgage. PROVIDED ALWAYS, that if said MORTGAGOR shall pay unto said MORTGAGEE, the certain Promissory Note in the amount of ONE HUNDRED NINETEEN THOUSAND ($119,000.00) DOLLARS and NO/too at six and one- half (6.5%) percent interest per annum to be paid in monthly payments as per the Promissory Note, a copy attached as Schedule "^,', and abide by each and every RECEIVED 9/20/2007 at 9:49 AM RECEIVING # 933282 BOOK: 672 PAGE: 819 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE DEED Wogerman/Hollis Page 1 of3 000820 agreement, stipulation, condition, and covenant thereof, and of this Mortgage, then this mortgage and the estate hereby created shall cease, detennine and be null and void. AND THE MORTGAGOR shall not destroy, damage, or substantially change the property or allow the property to deteriorate or commit waste. AND THE MORTGAGOR shall protect the MORTGAGEE'S rights and security in the property. AND THE MORTGAGOR shall protect the MORTGAGEE'S rights and security in the property. NOT ASSUMABLE-NONTRANSFERABLE MORTGAGE. Each Party to this mortgage shall be bound individually and severably by the terms therein. If all or any part of the property or any interest in it is sold or transferred without the MORTGAGEE'S prior written consent, the MORTGAGEE may at their option, require immediate payment in full of all swns remaining owed under this Promissory Note and/or Mortgage. The MORTGAGEE shall give the MORTGAGOR notice of acceleration. MORTGAGOR shall be allowed ten (10) days to complete payment thereof; however, not to extend the payoff date of said note. AND 'J:'HE MORTGAGOR hereby further covenants and agrees to pay promptly, when due, the principal and interest, and other swns of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encwnbrances of every nature on said property; to permit, commit, or suffer no waste, impairment, or deterioration of said property and/or the improvements thereon at any time; to pay all costs, charges, and expenses including reasonable attorney fees, and title searches, reasonably incurred or paid by the MORTGAGEE because of the failure of the MORTGAGOR to promptly and fully comply with, and abide by each and every agreement, stipulation, condition, and covenant set forth in said Note and this Mortgage, or either. In the event the MORTGAGOR fails to pay, when due, and tax assessment, or other swn of money payable by virtue of said Note and this Mortgage, or either, the MORTGAGEE may pay the same without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate allowed by law. If the MORTGAGOR defaults in the payment of the indebtedness hereby secured, for a period often (10) days after written notice or fails to keep the improvements on said premises insured as herein provided or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured MORTGAGE DEED Wogennan/HoHis Page 2 of3 OOOS2j. hereby, both principal and interest, together with all other sums payable pursuant to the provisions hereof, shall, at the option of the MORTGAGEE or note holder become immediately due and payable, anything herein or in said note to the contrary notwithstanding, and failure to exercise said option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. The MORTGAGOR hereby grants to MORTGAGEE, their heirs, and assigns, a Power of Sale over the property described above which may be exercised by MORTGAGEE or their heirs and assigns in case of such default as described above, and pursuant to such Power of Sale, MORTGAGEE, their heirs and assigns may foreclose on said property and sell and dispose of or cause to be sold or disposed of, the above property and all rights, title, benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns, therein, . at public auction, for cash according to Title 34, Chapter 4, Wyoming Statutes, as the same presently exists or may hereafter be amended. IN WITNESS WHEREOF, the MORTGAGORS have set their hand and seal the day and year first above written, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming; DATED this I~;t..day of September, 2007. ~að~' KENNETH A. HOLLIS BONNIE J. HOLLIS STATE OF WYOMING ) ) SS. ) COUNTY OF LINCOLN ACKNOWLEDGED to me, a Notary Public in and for the state and county above-mentioned, personally by Kenneth A. Hollis and Bonnie 1. Hollis, on this l c.t~ day of September, 2007. WITNESS my hand and official seal. k~~ NOTARY PUBLIC My Commission Expires: l o[ ~('U>o I C~....~~~ , . , KAREN T. WYLIE· NOTARY PUBLIC . C~unty of ~ Sfate of LinColn ~ Wyoming MY~~~~ MORTGAGE DEED Wogerman/Ho/lis Page 3 of3 PROMISSORY NOTE 000822 $119,00022 September~,2007 Afton, Wyoming THE UNDERSIGNED, jointly and serverably, ifmore than one, promise to pay Obed1. and Theresa A. W ogennan Family Trust, Dated May 20, 1999, Obed 1. W ogennan and Theresa ~. A. Wogennan, Trustees, of Auburn, Wyoming, the principal sum of ONE HUNDRED 00 tJ, (.¡., NINETEEN THOUSAND ($119,000-) DOLLARS and NOll 00, with interest of SIX and ONE- K ~tJ HALF (6.5%) PERCENT ITom September I'f, 2007. The note shall be payable to Obed 1. and 7JH! Theresa A. Wogerman Family Trust, as follows: PAYMENT shall be due in the followin,g manner: f. . ) 7,4 tv ¿N-W K· A rff -, 13:::r-tt ,--1 '\ (( t . L- '3 P f N . Th-ol,)~~p O!\Jië· H-t!N()QEp SL£Ut=NI 0 LARS dU::J./100 d 7. If) 1. aymento: ll"\e. cJf-w· 'ßJflj/iV/(..4,r}, . D L anL.:l ,ue :~tJ on or before q I (r..¡.' ,2003, and every YE'AR... thereafter until September ',+,2012. C/J-f H' The payment due on September 1'(-,2012, shall be a balloon payment for the total I remaining amount as stated in the Real Estate Purchase Agreement, dated September BJ'II .r:7-r:H ~~J, 2007, and ~.c~1?é,l1:M~o be ONE HTJNDREDrwGl-V~ 'T"HOu:.M.lD efbH'r... ~1:/f, ~.' HUNDREIfF6'k¡~6i 3 ($tl~,'b''57~,'DOLLARS and 03/100. The payments are :~JIf amortized over a thirty (30) year period with a five year balloon payment. IV 2. Payments shall be made to a location designated by Obed 1. Wogennan and Theresa A. Wogennan,as Trustees of the Obed 1. and Theresa A. Wogennan Family Trust. 3. There is a five (5) day grace period for late payment. After the five day grace period there is a late charge of TWO HUNDRED ($20000) DOLLARS per day until the payment is made. 5. There is a prepayment penalty of FIFTY (50%) PERCENT of all outstanding and unpaid interest of the agreement at the time of the prepayment. IN THE EVENT OF DEF AUL T of any payment after it becomes due and payable, the entire principal sum and interest shall, at the option of the holder, become immediately due and payable, without notice. Failure to exercise this option shall not constitute a waiver of right to exercise the same in the event of any subsequent default. In the event of default, the undersigned, jointly and severably, if more than one, agree to pay all costs of collection, including a reasonable attorney fee to the holder's attorney, whether suit be brought or not. The undersigned, jointly and severably, if more than one, waive all privilege of venue and agree that in the event of suit on this Note the holder, shall select the proper venue for such suit. // ~ ¡j-&!; ApprDuod ~: (~ ~ /L/?'phN·J by ~ W~~ ~ æf¡f~~ WOGERMAN/HOLLIS Promissory Note Page 1012 000823 PRESENTMENT, protest, notice of protest, and notice of dishonor are hereby waived. ,/ .¡.tr DATED this æ day of September, 2007. ~?r#dA;; KENNETH A. HOLLIS STATE. OF WYOMING ) ) SS. COUNTY OF LINCOLN ) Acknowledged before me, a Notary Public in and for the State and County above mentioned by Kenneth A. Hollis and Bonnie J. Hollis on this ~ay of September, 2007. lé (4r It ~_cù~ NOTARY PUBLIC My Commission Expires: 1,' ...- 1-,<, .. ,- ...".: ,- f' -,; ¡ ~ '.' " ..~. '., "i t!'~~'C,>":;!:-j ;, " '·':1 ~ J \':>:,:~¡j;;~ } ,:',_1.9(~/~~! ; , . . . ~(~ ~J4 WOGERMANIHOLLIS Promissory Note Page 2 of2 Amortization BOITC>""c" no.m C' Address Loan nl¡mber 000824 D£\tc Amount Pa;yr.r:t:nt Principal btl:l'c~t Rem.uin1tl¡; [, II :~'C 09-14·2007 fix.cd Rate 09· 14-2007 funding ¡¡ .500 119~OOí) 00 2007 Total6.: C'.OO ~~~ / I ~ (){)tJ . 0.00 0.')0 09-1+2008 Regular Pint ;1,111.43 1 ,440.Ù J 7 ,671. ~L.: ......'11.5lS"-9f 1/7 55'Q ~ 200S T\ltals: 9.1] 1.43 1,440.01 7.671.42 09-11}-2009 Rf;g1~lar Pmt 9,Jl1.4j t,470.037,641.40 9)1.11.43 1.470.03 7,641.40 ll(.t!&fA6t~ Ilv(;tty~ 200;; Totals: ... ...,. . ...... ..... ...... '. I '" 09-1+20 I I) Rt~..lar Pnn 9.11J.4J 1 ,S65.~8 7,54.5.85 .-i 14.~",3'~ 1/~5)'~ . . I.......... ".. .. . .... .. ...... '" ....... ....... 2011) Totals: 9.111.43 ! ,565.58 7.545.81 09· tq..20 11. Re¡!Jlar Pi1\: 9,111.43 I,GIS7.35 7,444.08 . '1\ 'I!'f,~ II ..,..'.... ; /1~~S1~ 2011 Tota)s: 9, ì J 1.43 I,Mi.35 :·.444.C.~ 1J9-I.q.20 12 Final Pmt 120.211.83 lt2,8Sï.03 "7.355.8(, '00 20121'orals' 120,212.83 112:857.03 7~3SS.80 tOM T(\~als: ì S6>6~8.SS Il9,QOO.OO 2Î,658.55 ,f.'r·;nted 011: 09~1-1-20()" ~ ~' dhI;;Ø~ /r-I/~..J /J ~ I(~. ~ a.'V~ (~ ~ r, ¡.::IC: \Docu",,,,.1S ."d $et:i, igs',bd<h I 00 IlLoc~lng,\ T cmp\t _Amortization, b", 9/1 :\,: i{)~; Receivd Time Sep.14. 2007 3:21PM No. 1773