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REAL ESTATE MORTGAGE
000231.
Warren D. Eggleston and Karrie D. Eggleston, husband and wife, mortgagors,
whose address is 714 Beech Avenue, Kemmerer, Wyoming 83101, to secure the payment
of a promissory note of even date herewith, executed by mortgagors in favor of
mortgagees, in the principal sum of ONE HUNDRED TEN THOUSAND DOLLARS
($110,000,00), (hereinafter "promissory note"), providing for monthly installments
(hereinafter referred to as the "indebtedness"), due and payable in accordance with the
provisions of said promissory note, hereby MORTGAGE AND WARRANT to Milton E.
Meacham and Gail R. Meacham, husband and wife, mortgagees, whose address is
2158 Wyoming State Highway 233, Kemmerer, Wyoming 83101 the following described
real estate, situate in Kemmerer, Lincoln County, Wyoming, to-wit:
The North half of Lots 7 and 8 of Block 39 of the First Addition to the Town of
Kemmerer, Lincoln County, Wyoming;
Together with all improvements situate thereon and all easements and
appurtenances thereunto belonging; and,
Subject to all easements, reselVations, covenants and restrictions, if any, of record;
and,
Further subject to discrepancies, conflicts in boundary lines, shortages in area,
encroachments, and any facts a correct survey and inspection of the premises
would disclose and which are not shown in the public records,
Also known as 714 Beech Street, Kemmerer, Wyoming.
Mortgagors agree to pay the indebtedness according to the terms of said promissory
note and the Agreement to Purchase Real Property of the same date, and, during the life
of this mortgage, to pay all taxes and assessments on the premises and to keep the
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RECEIVED 4/17/2008 at 11 :17 AM
RECEIVING # 938330
BOOK: 692 PAGE: 231
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000232
improvements thereon insured against fire and other hazards in the sum of not less than
the current market value by such insurance as mortgagees may approve, with the
proceeds thereof made payable to mortgagees, If mortgagors fail to pay such taxes or
assessments or fail to keep the premises insured, mortgagees may pay the same and may
insure the premises, and all sums paid by mortgagees for such purposes shall be added to
and considered as part of the indebtedness and shall draw interest under the terms of the
agreement to sale real property executed by the parties,
If default occurs in the payment of the indebtedness or in the payment of any
installment thereof, or if default occurs in any of the covenants and agreements hereof,
which default continues for more that forty-five (45) days, then the whole indebtedness
shall, at mortgagees' option, become due and payable forthwith, and mortgagees may
foreclose this mortgage either by advertisement and sale of the premises as provided by
statute, or by an adion in equity, Out of the proceeds of any foreclosure sale,
mortgagees shall retain or receive all sums due to it hereunder, and cost of foreclosure
and sale, including their reasonable attorney fees, the same to be taxed as cost in any
equitable adion brought to foreclose this mortgage,
To fully assure mortgagees the benefit of the security interest in the premises granted
to them hereunder, mortgagors hereby assign to mortgagees all rents hereafter payable
for the use and occupancy of the premises by any person in possession thereof with
mortgagors' consent. If default occurs in any of the covenants and agreements herein
contained, whether or not mortgagees elect to foreclose this mortgage on account thereof,
mortgagees shall at once be entitled, and are hereby authorized, to collect the rent from
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Û00233
the premises and apply the same to the payment of indebtedness secured hereby until
such default is remedied.
In the event of foreclosure of this mortgage upon default, mortgagees shall be entitled
to the possession and enjoyment of the premises and the incident rents, issues, and
profits thereof from the time of such default and for and during the pendency of foreclosure
proceedings and the period of redemption, if any. If mortgagors should fail to surrender
such possession to mortgagees promptly upon its request therefor, mortgagees may
compel delivery thereof by an ejection action or other civil proceeding appropriate to that
purpose, Furthermore, and in addition to the remedies otherwise provided for in this
mortgage and by law, and as a matter of right, without regard to the solvency or insolvency
of mortgagors, the value of the premises, or the sufficiency thereof to discharge the
indebtedness and cost of foreclosure and sale, mortgagees shall be entitled to a receiver
for the premises and the rents, issues and profits thereof from the time of default to the
expiration of any redemptive period provided by law, The failure or delay by mortgagees in
exercising any rights under this mortgage shall not constitute a waiver thereof in that or
any other instance.
Hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
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000234
Witness our hands this
~d daYOfÞ~
.
,2008,
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Warren D. Eggleston
;!ol!/li{C Á J /r¡fjJ-/t;;j
Karrie D, Eggleston
STATE OF WYOMING )
) ss,
County of Lincoln )
The foregoing document was acknowledged before me by Warren D, Eggleston
and Karrie D, Eggleston this I (¿:,~ day of ~ùL , 2008
Witness my hand and official seal.
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N ary Public
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