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HomeMy WebLinkAbout936950 MORTGAGE 000796 Andrew J. Ortenzio and Christine A Ortenzio, husband and wife, of P.O. Box 607, Smoot, WY 83126, (herein collectively called "MORTGAGOR"), to secure the payment of Thirty thousand and 00/100 dollars ($30,000.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 15th day of August, 2013) and all renewals, modification and extensions thereof, do hereby mortgage unto GPS, Inc., a Wyoming corporation, of P.O. Box 725, Afton, WY 83110, (hereinafter called "MORTGAGEE"), the following described real property, situate in the county of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws ofthe State of Wyoming, to-wit: A portion of the property referred to in Instrument No. 733119 recorded in Book 297PR on page 184, being within the EYíSEy.¡ of Section 1, T30N Rll9W ofthe 6th P.M., Lincoln County, Wyoming, described as follows: ....:·f Beginning at an iron pipe set at a point, said point being 2391.05 feet N 0°27'29" E and 265 feet N 89°05'45" W, from the BLM type monument set marking the Lloyd B. Baker, 2000 location for the southeast comer of said Section 1; thence S 01 °57'59" W, along the easterly line of the land contained in Instrument recorded in said Book 297,329.79 feet to an iron pipe set; thence S 89°41' 11" W, 522.04 feet, to an iron pipe set; thence N 0°24'08" E, along the westerly line of said land contained in said instrument, 340.84 feet, to an iron pipe set; thence S 89°05'45" E, 531.03 feet, to the point of beginning. 7. o Property address: 560 E.L. Clark Lane County Road 150, Smoot, WY 83126 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 carrier or carriers acceptable to MORTGAGEE, covering the insurance improvements on the Property against loss by fire 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 interest 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 and 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 shall 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 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 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 assigned, 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 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 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 and any such rights and during the pendency of the foreclosure proceedings" and the period of redemption, if any there be. Witness our hands this 26th day of June, 2006. RECEIVED 2/1512008 at 9:38 AM ~ ¿fJ ~ ] art . ew. enzlo RECEIVING # 936950 /J /} . BOOK: 686 PAGE: 796 (~ U . ~ JEANNE WAGNER Christine A. Ortenzio LINCOLN COUNTY CLERK, KEMMERER, WY Page 1 of2 State of Wyoming ) )ss County of Lincoln ) 000797 The foregoing instrument was acknowledged before me by Andrew J. Ortenzio and Christine A. Ortenzio, this Il\ day of ---.Eèb~UÜy lj , 2008. Witness my hand and official seal. My Commission Expires: --1kh~ Ò ~1iVtd~'\M ~,c:'\::j1.~:'\'''''\.~r:.~,~~'I¿';~S;~' Notary Public AMBER D. THOMAS - NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires August 9, 2010 Page 20[2