HomeMy WebLinkAbout938122
NTL-1813
When recorded mail to:
MAFFEI COMMERCIAL, LLC
401 ONYX
KEMMERER, WY 83101
Ii
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RECEIVED 4/8/2008 at 9:42 AM
RECEIVING # 938122
BOOK: 691 PAGE: 534
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000534
REAL ESTATE MORTGAGE
FOR VALUE RECEIVED, DELORES CLEASBY, AN UNMARRIED WOMAN, and TODD JAMES
CLEASBY, AN UNMARRIED MAN, AS JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP the
"Mortgagors", do hereby grant, bargain, sell and convey unto MAFFEI COMMERCIAL, LLC, collectively the
"Mortgagees", the following described premises, in Lincoln County, Wyoming:
LOT SEVEN (7), LOT EIGHT (8), LOT NINE (9), LOT TEN (10), LOT ELEVEN (11), AND LOT TWELVE
(12), OF BLOCK NUMBER SIXTY-ONE (61) IN THE SECOND ADDITION TO THE TOWN OF
KEMMERER, COUNTY OF LINCOLN, STATE OF WYOMING, AS SURVEYED, PLATTED AND
RECORDED IN THE OFFICE OF THE LINCOLN COUNTY CLERK AND EX-OFFICIO REGISTER OF
DEEDS, LINCOLN COUNTY, WYOMING.
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Mortgagees, their heirs
and assigns forever.
This conveyance is intended as a mortgage to secure the Promissory Note dated APRIL 4, 2008, in the amount
of$210,000.00, plus interest payable to the Mortgagee, with final payment due APRIL 1,2013, and providing.
for acceleration of the due date ofthe principal for default in the payment of interest or any installment of
principal, and providing for a reasonable attorney's fee in case of suit of action.
The Mortgagors covenant and agree with the Mortgagees as follows: That they are the owners in fee simple of
the above described premises and that they are ftee ftom all encumbrances except as provided on the
conveyance deed to them, and except this Mortgage.
That they will pay the indebtedness hereby secured promptly, according to the terms of said Promissory Note.
That they will pay all taxes, liens and assessments of any nature hereafter levied or imposed, or becoming
payable, upon said premises not later than the twentieth day before delinquency.
If the Mortgagors shall fail to pay any such tax or lien, the Mortgagees may pay the same, and all payments by
the Mortgagees for any such purpose shall be added to the indebtedness hereby secured, and shall be repayable
on demand, with interest at the rate of twelve percent (12%) per annum until paid.
For the purpose of further securing said indebtedness and performance of the convenants herein contained, the
Mortgagors hereby sell and assign to the Mortgagees any and all rentals accruing, or to accrue on said premises,
during the life of this Mortgage. .
If the said Mortgagors shall payor cause to be paid all moneys which may become due upon said Promissory
Note and shall otherwise comply with the terms and conditions hereof, this conveyance shall be void; but in
case default shall be made in the payment of the indebtness hereby herein contained, then the Mortgagees or
their assigns, at their option may declare the entire indebtedness hereby secured immediately due and payable,
and foreclose this Mortgage and cause said mortgaged premises to be sold in the manner provided by law, and
out of the moneys arising ftom such sale retain principal and interest together with any sums advanced as
provided herein, with interest as aforesaid, together with the costs and charges of such foreclosure suit and sale,
including such sums as the court may adjudge reasonable as an attorney's fee to be allowed the plaintiff, and the
overplus, if âny there be, pay over to the Mortgagors, their heirs and assigns.
As additional security, Mortgagors do hereby assign to Mortgagees, during the continuance of this mortgage, all
rents, issues, royalties, and profits of the property affected by this mortgage. Until Mortgagors default in the
payment of any indebtedness secured hereby or in the performance of any agreement hereunder, and the
continuance of such default for the requisite period provided in the Promissory Note, Mortgagors shall have the
right to collect all such rents, issues, royalties, and profits earned prior to default as they become due and
payable. If Mortgagors shall default as aforesaid, Mortgagors' right to collect any of such moneys shall cease
and Mortgagee shall have the right, with or without taking possession of the property affected hereby, to collect
all rents, royalties, issues, and profits. Failure or discontinuance of Mortgagee at any time or ftom time to time
to collect any such moneys shall not in any manner affect the subsequent enforcement by Mortgagee of the
right, power, and authority to collect the same. Nothing contained herein, nor the exercise of the right by
Mortgagee to collect, shall be, or be construed to be, an affirmation by Mortgagee of any tenancy, lease or
option, nor an assumption of liability under, nor a subordination of the lien or charge ofthis mortgage to any
such tenancy, lease or option.
Dated this APRIL O.y , 2008.
000535
- . '>.. /771/7 _.-J . Á~
,_ /v~ -~- ~
State ofWY )
County of LINCOLN ) :ss
On APRIL L, 2008, personally appeared before me DELORES CLEASBY and TODD JAMES
CLEASBY, signer(s) of the within instrument, who duly acknowledged to me that they executed the same.
~~
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MARISA HARTMANN NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY~ EXPIII!S fEUllMW's, 2012
Residing: Lih colA COt1-n;ft{, WY
Expires: Feb. S,20/2 rJ'