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MORTGAGE
000060
M and K Properties, LLC, An Idaho Limited Liability Company, of 6605 RimRock
Drive, Idaho Falls, ID 83401, (herem collectively called 'MORTGAGOR"), to secure
the payment of $70,000.00, with mterest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate matunty date of December 1,2012 )
and all renewals, modification and extensions thereof, do hereby mortgage unto Justin
Hyde and Stefanie Hyde of 185 N. West Temple #405, Salt Lake City, Utah 84103,
(herein called "MORTGAGEE"), the following described real property, situate in the
County of Lincoln, State of WY, hereby releasing and WaiVlDg all rights under and by
vlrtue of the homestead exemptIon laws of the State of Wyoming, to-wit:
Lot 2 of Rocky Top Ranch Amended Subdivision, Lincoln County, Wyoming as
described on tbe official plat med on May 2, 2007 as Instrument No. 933443 of tbe
records of the Lincoln County Oerk.
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes,
assessments and charges levied against the property, as the same become due and
payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with
an Insurance climer or carriers acceptable to MORTGAGEE, covenng the insurance
Improvements 011 the Property against loss by fire and earthquakes, with extended
coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the
Insurable value (replacement cost) of such improvements, whichever IS less, which
Insurance shall contam an appropnate loss payable provIsion protectmg MORTGAGOR
and MORTGAGEE as thelf respectIve interests may appear from nme to time. In the
event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and
maintain such msurance as herem provided, MORTGAGEE may pay such taxes and
assessments and may secure and pay for such insurance, and all sums so paid shall be
added to and considered a part of the mdebtedness hereby secured and shall draw mterest
at the same 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 such pnncipal or mterest, when the same
shall become due; or in case of default shall be made m any of the covenants and
agreements thereof, or in the event MORTGAGOR sells or conveys the Property, or any
part thereof, or any interest therein, without the prior wntten consent of the
MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with
mterest thereon, shall become due and payable, at the optIon of MORTGAGEE, and
MORTGAGEE'S legal representatives and assigns, may proceed by advertIsement and
sale/or as otherwise authonzed by governing law, to foreclose on and sell the Property,
and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder,
together with all costs of sale including reasonable attorney's fees. If the proceeds of the
foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure
costs, MORTGAGEE shall be entitled to a deficiency Judgment.
In the event of any default whereby the nght of foreclosure occurs hereunder,
MORTGAGEE shall at once become entitled to exclusive possession, use and eqjoyment
of the Property, and to all rents, ISSUes and profits from the accnllng of any such rights
and during the pendency of the foreclosure proceedings, and the period of redemption, if
any there be.
MORTGAGOR warrants title to the Property as to parties claimmg, by, through or under
the MORTGAGOR only,
WItnesS our hands thiS ól/ day of November, 2007,
M and K PropertIes. LLC
~~" ¡¿. .A--~~
By: Mark R Andrews, Managing Mì!rnber'
RECEIVED 11/30/2007 at 12:02 PM
RECEIVING # 935262
BOOK: 680 PAGE: 60
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State of I Ò. 0.. V\O ) , '
County of ''bO'l\,\\t:,JS\ \ \--e- 000061.
The foœgomg IDstrument was acknowledged before me tins -::2- \ day of November ,2007, by Mark R
Andrews" Managmg Member ofM andK Properbes, LLC
WItness my hand and officIal seal
\'Ù\,-CA\R \\t, \JJ'\.G\ Wt\ /
Notary Pubh, - . - '-'
My conUl1ISSlon expues 0<6 - \·3 - \ 0