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Home My WebLink About937193 IV 6010816411 MORTGAGE 000900 Bruce M. Davis and Daniel M Allphin, of P.O. Box 946 Afton, WY 83110, (herein collectively called 'MORTGAGOR"), to secure the payment of $150,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is February 19, 2011) and all renewals, modification and extensions thereof, do hereby mortgage unto Jere L. Kovach of P.O. Box 1365 Afton, WY 83110 (herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of WY, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws ofthe State of Wyoming, to-wit: That part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 31 North Range 119 West of the 6th P.M., Lincoln County, Wyoming, described on Exhibit "A" prepared by Marlowe A. Scherbe11abeled "Description for Jere L. Kovach and Maria A. Kovach, Kovach House Tract (Parcel B-Revised)" /1 i ~ ù 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 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 fTom 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 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 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 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 J-S- day of February, 2008, ~ ~(0~~ Bruce M. Davis Daniel M Allphin RECEIVED 2/26/2008 at 12:27 PM RECEIVING # 937193 BOOK: 687 PAGE: 900 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE Bruce M. Davis and Daniel M Allphin, of P.O. Box 946 Aiton, WY 83110, (herem collectively called 'MORTGAGOR"), to secure the payment of $150,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is February 19, 2011) and all renewals, modificatlon and extensions thereof, do hereby mortgage unto Jere L. Kovach of P.O. Box 1365 Aiton, WY 83110 (herem called "MORTGAGEE"), the following described real property, situate in the County of Lmcoln, State of WY, hereby releasing and waiving all rights under and by virtue of the homestead exemption ]aws of the State ofWyommg, to-wit: That part of the Northwest Quarter of the Southwest Quarter of Sectwn 10, TownshIp 31 North Range 119 West of the 6th P.M., Lmcoln County, Wyonung, described on Exhibit "A" prepared by Marlowe A. Scherbellabeled "DescnptlOn for Jere L. Kovach and Mana A. Kovach, Kovach House Tract (parce] B-ReVlsed)" MORTGAGOR agrees to pay the indebtedness hereby secured, to pay all taxes, assessments and charges levied agamst the property, as the same become due and payable; to secure, maintain and furnish MORTGAGEE evidence thereof, insurance with an insurance camer or camers 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 payab]e provision protecting MORTGAGOR and MORTGAGEE as their respective mterests may appear fÌ'om 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 pnor wntten consent of the MORTGAGEE first had and obtained, then the whole mdebtedness hereby secured, with mterest thereon, shall become due and payable, at the optIOn of MORTGAGEE, and MORTGAGEE'S legal representatlves and assigns, may proceed by advertIsement and sale/or as otherwise authorized by governmg 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 fÌ'om 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 partles clauning, by, through or under the MORTGAGOR only. WItness our hands this .:2.i- day of February, 2008~ ~ I _ "71- /~L Bruce M. DavIs D e M AIlplnn 000901. State of County of ) )ss. ) 000902 The foregoing instrument was acknowledged before me this _ day of February, 2008, by Daniel M. Allphin. . Witness my hand and official seal Notary Public: My commission expires: State of Wyoming ) )ss. County of Lincoln The foregoing instrument was acknowledged before me this éJ5 day of February, 2008, by Bruce M. Davis .. Witness my hand and official seal A!eCJ./U;CV y. ~~ Notary Public: My commission expires: 09/15/2011 County of . Lincoln NOTARY PUBLIC State of Wyoming My Commission Expires September 15, 2011 State of ~ ) Countyof "-\ ~1 ~~ /ss. 000903 The foregomg mstrument was acknowledged before me tins fl day of February, 2008, by Daniel M Allplun. ~·-::;;.~;:':-"-'i;Ü(I¡ª;š;fT"fu1ËÃffiLL l~ ,...,,-.-..;~~\ N07Ar:\1 PUBLIC· STATE of UTAH ,,., ,,¡to,\:. t~\ ð~ 4(¡ W 10000 8 i!~r,01 ~,. ,._.".,./~Y SANDY lJT 84070 '"'-1·...4~J.~.r/",¡. MY CC!'J;!\;Hss!nf\1 EXP:RES: Q~}2'1..200B ~:"',;1'~·,_~.oia'I'I:iI.~...~..:'r.:.\~.'";o,~""",,,:":""'~:~~7'''- State of Wyonung ) )ss County of Lmcoln The foregomg mstrument was acknowledged before me tlus _ day of Febmary, 2008, by Bruce M. DavIS . Witness my hand and official seal Notary Pubhc My conmnSSlon explfcs 'f I'/ClOMII)ORI Land SUrveyC/1 Pnul N. Soherbol Wyo. RnglAl/sllcn No, 1 8~ Vlllh l'Ioplr.lln'lon No. 1070 Idl\hc Aogl.llnllon No. 3.Q90 Nevada Flagltlrnllon No. 080$ Sccll A. Scherbel Wyo, AaølBl~11cn No, ~88g IdnI10 Aogl,lliItton No. 802G Vleh RoglMlellon No. a7þ'111 MARLoWE A. SCHEAfilEL Wyo. Rnglølrallcn No. 5368 SIIV~YOI Schnrbol. LTD. j\llon, Wynmlnp "'Ip PIMV, W)rormnø Jacknon, Wyam1I Lnva Hal Sprlnpe. Idaho MDnlpnllg" Idaho EXHlEBIT A DESCRIPTION FOR .JERE L. KOV ACB AND MARlA A. ROV ACa KOVACH HOUSE TRACT (PARCEL B - REVISED) To-wi t: - - 000904 That part of the NWV.SWv, of Section 10, T3IN R1l9W, Uncoln County, Wyoming, being part of that tract of record ;n the Office of the Clerk of Lincoln County in Book 566 of Photostatic Records on pa.ge 410, described as follows: BEGINNING at the 11.orth~ast corner of said NW\4SWV,¡¡ then.ce SOO°.25'-12"W, 843.77 feet, along the east line of said NW~SW~, to a spike; thence N88°-52 '-03"W, 372.05 feet, to a point; thence NOO'-2S'-12''E, 837.65 feet, parallel with the east Une of said NWV,SWY.., to a point on the north line of said NW~SWy..; fllence S89'-48'-34"E, 372.02 feet, along said north line, to the CORNER OF BEGINNING; ENCOMPASSING an area of7.18 acres, more or less; the BASE BEARlNG for this survey;, the east line of Section 9, T31N R119W, being NOO°·Z6'-OO"E; SUBJECT to an eascmenr for F,,;rview-Spring Creck County Road No. 12-144; each "comer" fOllnd as described in the Comer Record :filed or to be filed i.n the Office of the Cler.k of.I...incoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod wi!l¡ a 2" aluminum cap inscribed, "SURVEYOR SCHERBE.L LID AFTON wY PLS 5368", wltb appropriate details; . each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" stec] reinforcing rod Wifl12" aluminum cap inscribed, "SURVEYOR SCIIERBEL LTD AnON . WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in thc Office of the Clerk of LincolD County titled, "PLAT TO ACCOMPANY AMENDED .PARCEL DNISION FOR JE.RE L. KOVACH AND MARIA A. KaV ACH WITHIN THE SvVY4NWY-\ NWY-ISW'14 SECTION 10 T3IN R1l9W COLN COUNTy, WYOMING", dated 5 August 2004, t1 I 1I,.,.,..w~117:"'''''"", ,~. ~'\:ß f,..r.~fì"¡I'''''' iii· '.._-~_ '~. ~~:\ . "or,- ¡¡, 6...... I.:íi," .~ !\I:.' I" )Îi" '" "¡. 0;)(.' :-.. ,.f" )'3" ve~ber 2004 _ . ¡sed ¢I/.' :...'1 53i~'1:\ "~ 'I "',.;, ~\ .to:: ,''/j .... "'1[.lI ,,,,\ i? . 1 August 2004 ~~ (~~ if::.,' 1;\ ..;~: \ . Cf--.t ,'\ -'j .~, i '. (" ". /' { . '~¡ ¡' .. '\:- \1 tJfu'" ,/ .. \. ..,;~~~~ U [II(,.... Q:1/" // ''''', ;"l"~,~~ '.. ;... .../ '....: 0;H1¡-'¡,'\ _..... '10',1 .' UModificatlon in any way of the foregoing description terminates liability of the surveyor"