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HomeMy WebLinkAbout938659 u :j ..\f'" tp "'J . ;i .-, . ~. r..J i.:.. ..." E~::f .H ;>, )5 ;.~ g 4~'~.! :~; ~ "-" : 0 r. "'~ ~ t:· $:: '.... <\1 ~ ~< .-~~ ~~.~; t~; t;; P ~:~ :;;¿ 6010716065 ,_, , ' MORTGAGE 000490 Brent D. Schwab, Gavin Johnson, and Clinton P. Collins of6] Hwy 241 Afton, WY 83] 10, (herein collectively called 'MORTGAGOR"), to secure the payment of $160,320.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is October ]5, 2010) and al] renewals, modification and extensions thereof, do hereby mortgage unto Roxie D. Bird, Successor Trustee of the Rona]d Dabel Revocable Trust dated November 20,2002 of 158 S 500 E Kaysvil1e, UT 84037 (herein called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of WY, hereby releasing and waiving all nghts under and by vÌ1tue of the homestead exemption laws of the State of Wyoming, to-wit: Lot 3 of Lake Road Subdivision No.2 and Lot 3 Amended of Lake Road Subdivision, Lincoln County, Wyoming as described on the official plat tiled April 4, 2008 as Instrument No. 938025 oftlle records of the Lincoln County Clerk. MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all tax.es, assessments and charges levied against the property, as the same become due and payable; to secure, maintain and furnish MORTGAGEE evidence thereof, msurance with an insurance carrier or caniers 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 lUlpaid balance of the debt hereby secured, or the msurable value (replacement cost) of such improvements, whichever is less, which insurance. shall contain an appropnate loss payable proVIsion protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from tune to time. In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herem provided, MORTGAGEE may pay such taxes and assessments and may secure and pay for such msurance, 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 sums hereby secured, or m the payment of the interest thereon, or any part of such pIincipal 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 tbe Property, or any part thereof, or any interest therein, without the prior wntten 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 govemmg 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 ofthe foreclosure sale are insufficient to pay the mdebtedness hereby secw'ed and 'foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. In the event of a.ny default whereby the right of foreclosure occurs herelUlder, 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 nghts and during the pendency of the foreclosure proceedings, and the peliod of redemptlOn, if any there be. MORTGAGOR walTants title to the Property as to pal1ies claiming, by, through or under the MORTGAGOR only. ~ls D h~£ dayer April, 2008, Brent D. Schwab GaVIn lolmson Clmton P. Collins RECEIVED 5/1/2008 at 1 :15 PM RECEIVING # 938659 BOOK: 693 PAGE: 490 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY 000491. County of r-- r¡t, The fOTegomg Instrument was acknowledged before me tlus /!:J day of April, 2008 by Brent Schwab.. NOTI\FW PUBLIC STATE OF W;\SHINGTON VERA f. S~tEVCHENKO My appointment expires Dec. 31,2009 State of County of ) )ss ) The foregomg Instrument was acknowledged before me tlus _ day of April, 2008 by Gaven Johnson Witness my hand and official seal Notary Pubhc My CODUUtSSlon expires. State of County of ) )ss ) The foregomg InStrument was acknowledged before me thiS _ day of April, 2008 by Chnton P CollInS.. WitnesS my hand a.nd official seal Notary Pubhc My comnusslon expues; 6010716065 MORTGAGE Brent D. Schwab, Gavin Johnson, and ClintonP. Collins of 61 H.vvy 241 Afton, WY 83110, (herein collectively called 'MORTGAGOR"), to secure the payment of $160,320.00, with interest thereon, as provided ill and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is October 15, 20 1 0) and all renewals, modification and extensions thereof, do hereby mortgage unto Roxie D. Bll'd, Successor Trustee orthe Ronald Dabel Revocable Trusrdated November 20,2002 of 158 S 500 E KaysvjJJe, 1]1' 84037 (herein called "MORTGAGEE"), the following described real propeliy, situate in the County of Lincoln, State of WY, hereby releasmg and waiving all nghts under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: Lot J of Lake Road Subdh'isioll No, 2 and Lot 3 Aml'nded Qf Lake RQod SubdlvisiQn, Lincoln CQunl.y, Wyoming as described (I ) the off1cial plat tiled April 4, 2008 as Instrument No. 938025 orthe records Ofthl' Lincoln County Clerk. MORTGAGOR agrees to pay thc illdebtedness hereby secured; to pay all taxes, assessments and charges levied agamst the property, as the same become due and payable; to secure, mamtain and furrnsh MORTGAGEE evidence thereof, msurance with an insurance carrier or earners acceptable to MORTGAGEE, covering the insurance improvements 011 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 msurable value (replacement cost) of such improvements, whichever is less, which 1l1surance shall contain an appropnate loss payable provIsion protecting MORTGAGOR a.nd MORTGAGEE as their respective interests may appear from hme to tune. In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herem provided, MORTGAGEE may pay such taxes and assessments and may secure and pay for such 1llsurance, and all sums so 'paid shall be added to and considered a part of the mdebtedness hereby secured a.nd shall draw interest at the same rate. In case default shall be made m the payment of the above sums hereby secured, or 1ll the payment of the interest thereon, or 311)' part of such pnnclpal or interest, when the same shall become due; or III case of default shall be made in any oC the covenants and agreements therc.or, or in the event \10RIGAGOR sclls or conveys the Property, or any part thereol: or any Interest therein, without lhe prior wnlten 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, 311d MORTGAGEE'S legal representahves 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 thc proceeds of such sale, MORTGAGEE shall pay all sums due hereunder, together with all costs of sale mcluding reasonable attomey's fees. If the proceeds of the foreclosme sale arc insufficient to pay the mdebtedness hereby sccured and foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgment. In the event of any default whereby the l'lght 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 nghts and during the pendency of the foreclosure proceedings, and the period of redemptIOll, if any there be. C'- MORTGAGOR warrants title to the property~o parties cla¡~\bY, through or under the MORTGAGOR only. ~ ~ Witness our hands this l~_"ctay of April, 2008, \" .~,., (" " B~ ""- C]¡nton P. Co 111~ ) :.. 000492 State of ) )ss ) County of The foregomg mstrument was acknowledged before me tlus _ day of Apri1, 2008 by Brent Schwab.. WItness lU.y hand and official sea] -.-.....- Notary Pubhc My comnusslOn expues: State of U -Jail) County of ~ +cit¡ ~ss 1:-' The foregomg Instrument was acknowledged before me this ~ day of April, 2008 by G!.Y~1!.Johnson ,/ ß~;c of Ukh I County or{i-k1 h The foregoUlg Instrument was acknowledged hefore me tlus Q day of April, 2008 by Clmton P ) )S8 ) Colhns.. 000493