HomeMy WebLinkAbout935739
RECEIVED 12/21/2007 at 11:03 AM
RECEIVING # 935739
BOOK: 681 PAGE: 739
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE DEED
000739
EXECUTED this -1.!l- day of December, 2007, Kay Burton and Aneta Burton,
Husband and Wife, Tenants by the Entireties, of Grover, Wyoming, hereinafter called the
MORTGAGOR, to Dee Call and Dianne Call, of Afton, 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:
BEGINNING at a point 32 rods East of the SW comer of the NEl/4SWl/4,
Section 32, T33N, Rl18W of the 6th P.M., Lincoln County, Wyoming, and
running thence N 10 rods; thence E 32 rods; thence S 10 rods; thence W 32 rods
to the point of beginning.
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
è 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 reasonably 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 AL WAYS, that if said MORTGAGOR shall pay unto said
MORTGAGEE, the certain Promissory Note in the amount of TWO HUNDRED
FIFTY THOUSAND ($250,000.00) DOLLARS and NO/I00 at SIX and ONE-
HALF (6.5%) PERCENT interest per annum to be paid on or before November 15
2037, as per Schedule "A", attached and made a part hereof, and shall perform, comply
with, and abide by each and every agreement, stipulation, condition, and convenient
MORTGAGE DEED
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000740
thereof, and of this Mortgage, then this mortgage and the estate hereby created shall
cease, determine 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. MORTGAGOR shall insure, with extended coverage, the
property and improvements against loss, naming the MORTGAGEES jointly as
beneficial interest holders.
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 sums remaining owed under this Promissory Note
and/or Mortgage. The MORTGAGEE shall give the MORTGAGOR notice of
acceleration. MORTGAGOR shall be allowed ninety (90) days to complete payment
thereof; however, not to extend the payoff date of said note.
AND THE MORTGAGOR hereby further covenants and agrees 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; 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 sum 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 of ninety (90) 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
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
MORTGAGE DEED
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JL
000741.
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 t 9 ¡,tv day of December, 2007.
~ .-I~
,_.,'C?~~
KAY BURTON
O~~U:-o
ANETABURTON
STATE OF WYOMING
)
) SS.
)
COUNTY OF LINCOLN
ACKNOWLEDGED to me, a Notary Public in and for the state and county
above-mentioned, personally by Kay Burton and Aneta Burton, on this It/il day of
December, 2007.
WITNESS my hand and official seal.
~~YJAVð)£ð<iJ~
NOTARY PUBLIC ./ I
My Commission Expires:WlL r; :;.&/ /
MORTGAGE DEED
CalVBurton
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PROMISSORY NOTE
000742
December /féi. 2007
Afton, Wyoming
$250,000~
THE UNDERSIGNED, jointly and serverably, if more than one, promise to
pay Dee Call and Dianne Call, of Afton, WY 83110, the principal sum of TWO
HUNDRED FIFTY THOUSAND ($250,00000) DOLLARS and NOll 00 and interest
of SIX and ONE-HALF (6.5%) PERCENT from the ISthday of October, 2007. The
principal and interest shall be payable to note at such place as the holder may
designate, in the following manner:
1. Interest shall commence on the 15th day of October, 2007, at SIX and'
ONE-HALF (6.5%) PERCENT per-annum. Payments are to be paid
monthly over 30 years in the amount of ONE THOUSAND FIVE
HUNDRED EIGHTÝ ($1580ll) DOLLARS and 17/100; the first payment
due on November 15, 2007, and made on the 15th of each month
thereafter.
2. There shall be a five (5) day grace period for late interest payments.
Thereafter there shall be a late fee of TWENTY-FIVE ($25~ DOLLARS
and NOll 00 assessed for every day the payment is late after the five day
grace period.
3. TWO HUNDRED FIFTY THOUSAND ($250,000QQ.) DOLLARS
and NOllOO shall be due and payable on or before November 15,2037,
paying the note in full at that time, to include any unpaid late fees and/or
interest.
4. Payments shall be made payable to Dee and Dianne Call at a place that the
holder may designate.
5. All principal unpaid and any accrued unpaid late fees and interest shall be
due and paid no later than November 15, 2037.
6. Any payments shall be applied first toward interest, late fees, and then to
principal.
7. This note shall be due immediately if the security is transferred, conveyed
or sold. Said note is non-transferable.
Purchaser may prepay this note without penalty at any time. Prepayment of
principal shall reduce the monthly interest payment to actual interest owed monthly.
IN THE EVENT OF DEFAULT in the payment of any installment of
principal or interest, and if such default is not made good within ninety (90) days after
notice the same becomes due and payable, the entire principal sum and accrued
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 the
&I4EÞIAL£ "'A·
PROMISSORY NOTE
CalVBurtrfn
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right to exercise the same in the event of any subsequent default. In the event of 000743
default, the undersigned, jointly and severally 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.
PRESENTMENT, protest, notice or protest, and notice of dishonor are
hereby waived.
SECURITY, this note is secured by mortgage on a portion land and home
thereon in Grover, Lincoln County, Wyoming, as described in the Lincoln County
Clerk's Office thereof.
DATED this lfJiday of December, 2007.
dÆbø!t-
TABURTON
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
On this ~ay of December, 2007, before me a Notary Public for the State
of Wyoming, the foregoing Promissory Note was acknowledged by Kay Burton and
Aneta Burton
WITNESS my hand and official seal.
ON NIMMO WlNE.S Notary Public
County of State of
Lincoln 0 ing
My Commission Expires I
~1 i11
~>t~ ~
Notary Public ./
My Commission Expires:V-'Þ ~cPol /
PROMISSORY NOTE
Ca/VBurton
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