HomeMy WebLinkAbout938415
W'
Ill,
MORTGAGE
000482
David 1VlcKay Teichert and Tristan Smitl., of P.O. Box 463 Cokeville, WY 83114,
(herein collectively called 'MORTGAGOR"), to secure the payment of $28,000.00, with
interest thereon, as provided in and evidenced by a promissory note of even date herewith
(the ultimate maturity date of which is October 15,2008) and all renewals, modification
and' extensions thereof, do herw mortfïðe unto Ronald Thomas and Colleen Thomas
of' P.O. Box 1273, Aftm, . 83 (herein called "MORTGAGEE"), the
following described real property, situate in the County of Lincoln, State' ofWY, hereby
releasing and waiving all rights under and by virtue of the homestead exemption laws of,
the State of Wyoming, to-wit:
t>1
"
(-1,
See Attached Exhibit "A"
'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 canieror carriers acceptable to MORTGAGEE, covering the Ì11surance
improvements on the Property against loss by fire' and earthquakes, with extended
coverage, in an amountnotless 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 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 inay 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 ofthe indebtedness hereby secured and shall draw interest'
at the same rate.
In case default shall be made in the payment of the above SunlS hereby secured, or in the
payment of the interest thereon, or any pali 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
. .
pali 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 adveliisement and
sale/or as otherwise authorized by goveming law, to foreclose on and sell the Propeliy,'
and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder,
together with all costs of sale including reasonable attomey's fees. If the proceeds of the
foreclosure sale are insufficient to pay the indebteè1ness hereby secured and foreclosure
costs, MORTGAGEE shall be entitled to a deficiency judgment.
. In the event of. allY default whereby the right of foreclosure occurs hereunder,
MORTGAGEE shall at once become entitled to exclusive possession, use and enjoYl1wnt
of the Propeliy, and· to all rents, issues alldprofits 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 warrallts title to the Property as to paIiies claiming, by, through or under
the MORTGAGOR only.
day of April, 2008,
Tristan Sm.ilh
RECEIVED 4/21/2008 at 3:54 PM
RECEIVING # 938415
BOOK: 692 PAGE: 482
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
-----:::;-~~.
State of Wyoming
000483
)ss.
County of Lincoln
The foregoing instrument was acknowledged before me this ~ day of April,2p08, by David McKay
Teichert and Tristan Smith.
Witness my hand and official seal
N~~~~
My commission expires: 9" - /5 _ 1/
NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
M CommilJs/on expires Se¡:¡tember 15, 2011
Exhibit A
File 6010816595 Description
000484
A tract of land located in Lot 16 and the Southeast Quarter of the Southeast Quarter of Section 18,
Township 24 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, said tract being more
particularly described as follows:
BEGINNING at the Southeast corner of said Section 18, the original quartzite stone monument,
running thence South 89°58'10" West, 866.58 feet along the South line thereofto the centerline of
the Utah Line - Cokeville County Road Number 12-207;
thence North 05°00'36" East, 1651.62 feet along said centerline to the point of curvature of a curve
to the left having a radius of22918.31 feet;
thence 994.81 feet along the arc of said curve through a central angle of 02°29'13", the long chord
of which bears North 03°40'59" East, 994.73 feet to a point lying on the North line of said Lot
16;
thence North 89°55'24" East, 279.17 feet along said North line to the Northeast corner thereof, said
corner marked with an iron pipe with brass cap inscribed "Paul N. Scherbel LS 164" and
appropriate details;
thence South 00°04'46" West, 181.15 feet along the East line of said Lot 16 and the Westerly line of
Tract Number 69 of said Section 18 to corner Number 5 thereof, said corner being marked by
the original quartzite stone monument;
thenc South 89°53'08" East, 378.27 feet along the North line of said Lot 16 to the East line of said
Section 18;
thence South 00°02'39" East, 1135.32 feet along said East line to the Southeast corner of said Lot 16
and the Northeast corner of said Southeast Quarter of the Southeast Quarter, said corner
being marked with an inscribed quartzite stone;
thence South 00°00'59" East, 1320.67 feet along said East line to the POINT OF BEGINNING.
ALSO
Lot 31 of Section 17, Township 24 North Range 119 West ofthe 6th P.M., Lincoln County,
Wyoming.