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HomeMy WebLinkAbout935283 u d >. . ,f;) /)/) "":-J .S .~::\ í:: .~ (,) () :~ . u ,:.:'~ ~ () ,~...- ,. ,. c:: 10000 'E ?; ~ ..083 .~ g ~ t~ rn 8 t'.~ ~ "\;, i~ .~ OJ ~u t-' r:; .~ .-. ~ 7Cf It¡ Ct,O \r 6010716109 000148 MORTGAGE Alan K Beel, and Ida M Beck, Husband and Wife, of P.O. Box 172 ColÅ“villc, WY 831 14, (herein collectively called 'MORTGAGOR"), to secure the payment of $15,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is November 1, 2(12) and all renewals, modification and extensions thereof, do hereby mortgage unto DeanH. Dayton, John Dennis Dayton and Hclen Dearden of 4860 Tono Way Sacramento, CA 95841 (herein called "MORTGAGEE"), the following described real property, situate in the County of Linco]n, State ofWY, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: That part of Tract No. 90, Township 24 North, Range 119 West within the incorporated limits of the 'l'own of Co keville, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clel'k of Lincoln County in Book 404 of Photostatic Records on page 318; BEGINNING at the southwest corner of Lot No.6 of Block 3 of the Dayton Addition No.1 to the Town of Cokeville which is marked by a 5/8x18 ins. steel reinforcing rod 'with an aluminum cap inscribed, "WYOMING GAME AND I~'ISH DEPARTMENT 1990 LS5603 L 6" alongside to the north of a railroad tie fence post; thence South 01°58'10" East, (record North) 130,16 feet, along a fence line marking the west line of that tract of record in said Office in Book 19 of Photostatic Records on page 251 (G&1") to a 7 ins. diameter pine post; thence South 86°13'36" West, (record East) 98.73 feet, along a fence line marking the north line of said tract in Book 19 to a 11 ins. pine fence post; thence North 03°07'00" West, 18.87 feet, along a fence line to a green steel fence post set in cOllcre('e; thence South 83°38'21" West, 20,49 feet, along a chain link fence to an intersection with a chain link fence marking the east line of the Original Townsite of Cokeville; thence North 03°14'58" West, 108.72 feet, along said fence and east line to a 2 ins. diameter steel corner fence post for a chain link fence; thence South 86°57'34" East, 110.94 feet, along said fence; thence North 01 °58'10" West, 5.00 feet, to the southeast corner of Lot No.6 of Block No.2 of said Addition; thence North 86°57'34" East, 11 feet, along the south line of said Addition to the CORN,ER OF BEGINNING. LEBS AND EXCEPT the Land described on attached Exhibit A 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 catTier or carriers acceptable to MORTGAGEE, covering the insurance improvements on 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 contain an appropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time, In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE may pay such taxes and assessments at1d 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 ::;hall draw interest 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 principal or interest, when the same shall become due; or in case of default shall be made in any ofthe 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 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/or as otherwise authorized 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 RECEIVED 11/30/2007 at 4:01 PM RECEIVING # 935283 BOOK: 680 PAGE: 148 JEANNE WAGNER foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. 0001. 49 In the event of any default whereby the right of foreclosure occurs hereunder, . MORTGAGEE shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues and profits from the accruing 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 claiming, by, through or under the MORTGAGOR only. Witness our hands this .81 day of October, ,2007, ~~- ~~ Alan K Beck Ida M Beck State of W~9 ) ....p I _ _ _ /J _ _) )ss, County of ~ ) The foregoing instrument was acknowledged before me this ;;¿L day of October, 2007, by Alan K. Beck and Ida M. Beck Witness my hand and official seal ~~A!~ My conmlission expires: 9 - /5'- / / County of Lincoln NOTARY PUBLIC State of Wyoming M Commission Expires Sel1tembør 15, 2011 X~~ç uv. VV~V'~V~VJ Exhibit A Legal Description 000150 LESS AND EXCEPT the land described in Warranty Deed recorded October 26, 1979 in Book 161PR on page 189 of the records of the Lincoln County Clerk. LESS AND EXCEPT the land described in Quit Claim Deed recorded October 27, 2006 in Book 638PR on page 359 of the records of the Lincoln County Clerk.