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HomeMy WebLinkAbout934282 MORTGAGE 00041.5 KNOW ALL MEN BY THESE PRESENTS, that Peter J. Edington and Roberta L. Rockefeller, husband and wife, herein referr.ed to as Mortgagor, of PO Box 3514, Alpine, WY ·:~::'\?~'t'I'~~~~~~_~ 83128, to secure the payment of the principal sum of $1,500,000.00, with Interest as evidenced by a Promissory Note date of even date herewith to the order of Wilbert and Judith Ohlmann of 360 Noble Lane, Bedford, WY 83112, principal and Interest payable as follows: the entire principal amount together with accrued interest on the unpaid principal balance from October 17, 2007, until paid, at the rate of 7.00% per annum on or before October 17, 2008. Prepayments of principal may be made at any time in any amount without penalty. hereby mortgages to Mortgagees, the following described real estate, situated in the County of Lincoln, State of Wyoming: All of the North Half of the North Half of Northeast Quarter (N1/2N1/2NE1/4) of Section 13, T35N, R119W, Lincoln County, Wyoming. (if (3 including all buildings and improvements thereon or that may hereafter be erected thereon; together with hereditaments and appurtenances and all other rights thereunto belonging, or in anywise now or hereafter appertaining, and the revision and revisions, remainder and remainders, rents, issues, and profits thereof, and all plumbing, heating, and lighting fixture,s and equipment now or hereafter attached to or used in connection with the premises. "( <" J / Mortgagor hereby relinquishes and waives all rights under and by virtue of the homestead laws of the State of Wyoming and covenants that it is lawfully seized of the premises, that they are free from all encumbrances and hereby covenants to warrant and defend the title of the premises against the lawful claims of all persons whomsoever. And mortgagor covenants with mortgagee as follows: 1. In case of default in any of the payments stipulated in the note, mortgagor, as further security for this mortgage and the note secured thereby, hereby assigns, sets over, and conveys to mortgagee all rents, issues, and profits from the property. 1. RECEIVED 10/23/2007 at 10:15 AM RECEIVING # 934282 BOOK: 676 PAGE: 415 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000416 2. To pay promptly, when due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either: to pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature on said property. 3. To keep any and all improvements located on the property fully insured with an insurance company approved by mortgagee, ~eliver a copy of the policy to mortgagee, name mortgagee as loss payee on said policy and pay the premium therefor and provide annual proof in writing to mortgagee that the premium has been duly paid. 4. To perform, comply with, and abide by each and everyone of the agreements, stipulations, conditions, and covenants, set forth in said Note and this Mortgage or either. 5. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the Mortgage accrued or thereafter accruing. 6. Nothing shall be done on or in connection with the property that may impair mortgagee's security hereunder; mortgagor will commit, permit or suffer no waste, impairment or deterioration of the property nor any part thereof, and the property shall be continuously maintained in good and sightly order, repair, and condition by mortgagor at his expense. 7. In case mortgagor defaults in the payment of ground rents, if any, taxes, assessments, water, or other governmental or municipal charges, or other lawful charges as herein provided, mortgagee may without notice or demand pay the same and in case of any failure on the part of mortgagor to comply with the covenants of Paragraph 6 hereof, mortgagee may effect such repairs as it may reasonably deem necessary to protect the property, at the expense of mortgagor. Mortgagor shall repay such sums so paid and all expenses so incurred by mortgagee, with interest thereon from the date of payment, at ten percent (10%) per annum, and the same shall be a lien on the premises and be secured by the note and by these presents; in default of making such repayments the whole amount hereby secured if not then due shall, if mortgagee so elects, become due and payable forthwith, anything herein contained to the contrary notwithstanding. 2. 8. In the event the property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby, mortgagor binds himself personally to pay the unpaid balance, and mortgagee will be entitled to a deficiency judgment. 0004j.7 9. In case default is 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 Qr maintenance, together with all other sums payable pursuant to the provisions hereof, shall become immediately due and payable, at the option of mortgagee, although the period above limited for the payment thereof may not have expired, anything herein before or in the note contained to the contrary notwithstanding; any failure to exercise such option shall not constitute a waiver of the right to exercise the same at any other time; and it shall be lawful for 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 premises, at public auction for cash, according to Wyoming statuettes 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, including a reasonable attorney fee, and in payment of all moneys expended or advanced by mortgagee pursuant to the provisions of Paragraph 6 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 mortgagee on demand to mortgagor. In case mortgagee fails promptly to foreclose on the happening of any default, it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues, and shall not be prejudiced in its foreclosure rights in case of further default. 10. In case of any default whereby the right of foreclosure occurs hereunder, mortgagee shall at once become entitled to exclusive possession, use, and enjoyment of all property, 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 there is any; and such possession, rents, issues, and profits shall at once be delivered to mortgagee 3. on request, and on refusal, the delivery of such possession, rents, issues, and profits may be enforced by mortgagee by any appropriate civil suit or proceeding, including action or actions in ejectment, or forcible entry, or unlawful detainer; and mortgagee shall be entitled to a receiver for the property and all rents, issues, and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of 000418 redemption, if there is any, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of mortgagor or the then owner of the property, and without regard to the value of the property or the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and expenses; and such receiver may be appointed by any court of competent jurisdiction on ex parte application and without notice (notice being hereby expressly waived, and the appointment of any such receiver on any such application without notice being hereby consented to by mortgagor on mortgagor's own behalf), and all rents, issues, profits, income, and revenue of the property shall be applied by such receiver, according to law and the orders and directions of the court. 11. Mqrtgagor may not conveyor transfer any interest in or encumber the described premises without the prior written consent of the mortgagee. Mortgagor must give mortgagee written notice of mortgagor's intent to conveyor transfer any interest in or to encumber the described premises at least thirty (30) days prior to the proposed conveyance or encumbrance. If all or any part of the described premises or an interest therein is sold, transferred or encumbered by mortgagor without mortgagee's prior written consent, excluding death of a joint tenant or the grant of any leasehold interest of three (3) years or less not containing an option to purchase, mortgagee may, at its option, declare the entire remaining balance due under this agreement to be immediately due and payable and give written notice to mortgagor thereof. After receipt of such written notice, mortgagor shall have thirty (30) days in which to pay the entire remaining balance to mortgagee. 12. The covenants herein contained 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. 13. Whenever used herein, the terms "mortgagor" and "mortgagee" include all the parties to this instrument and the heirs, legal representatives, and assigns of 4. individuals, and the successors and assigns of corporations; and the term "Note" includes all the notes herein described if more than one. 000419, IN WITNESS WHEREOF, Mortgagor has exec;:uted this Mortgage as of the 17th day of October, 2007. ß3 / I " /J ~~/ ! /:./ "~L , \ Peter J. Edington ~~!~ I I I ~~ ./ , 1. . ;~QÞerta L. Rockefeller CJ ' STATE OF WYOMING SS. COUNTY OF LINCOLN The foregoing Mortgage was acknowledged before me by Peter J. Edington and Roberta L. Rockefeller, husband and wife, this 17 day of October, 2007. Witness my hand and official seal. C&AUOIA ANOERION ~y PuÞIIc llnCo. n County WVOmI~ MV Comml..Ion',Explt. 5' ~~.. ;¿ç.,/o t!kLt t1Ú;; ¿t1¿V¿,(.d~ NOTARY PUBLIC My commission expires: 5- -;¡ç '.;Jolt,) 5.