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Home My WebLink About938668 ~ ~M\ ^\::: \ 15 .¡:: "E § . '. 8 >. ø ~~b bIJ "- s:: ¡:: 0 I;) .- ~ >. ,.ge!j .~ ~ s -¡;¡;¡ C J:1 ~~ (.1 (¡) ~ CII E c:: e ~ ~ o ":.j "0 ..... ",H .- <L) F.@ ~ tI/ {I / MORTGAGE 000552 Russell E. Reinhart and Charlotte B. Ned-Reinhart of 885 Lincoln County Rd. #129 hereiin collectively called 'MORTGAGOR"), to secure the payment of $52,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is August 1, 2008) and aJ1 renewals, modification and extensions thereof, do hereby mortgage unto Afton Thomas, Tmstee of the Kent Thomas Marital Tmst dated July 12, 2005 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 of the State of Wyoming, to-wit: Lot 305 of Poplar Amended Fourth Filing Suhdivision, Lincoln County, \Vyoming as described on the official plat :\0. 339-1" filcd on April 19, 2005 as instrument No. 907755 of the re"~ords of tit", Lincoln County Ckrk. 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 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 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 accming 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. v-<. Witness our hands this _éJ!I day of April, 2008, ~---- ~- RECEIVED 5/1/2008 at 2:52 PM RECEIVING # 938668 BOOK: 693 PAGE: 552 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY State of Wyoming) 000553 )ss. County of Lincoln) The foregoing instrument was acknowledged before me this __q ~_ day of April, 2008, by RusseII E. Reinhart and Charlotte B. NeeI-Reinhart. Witness my hand and official seal NotaryP~ Ii d~ My commission expires: ~ ~ :¿ p, &l. tI J/ ~~-..--""'- JILL H. Lft,RSON N01N1Y PUBLIC County of ' State of Lincoln Wyoming My Commission b(piflj[¡ J!Jrlß 20, :g01' -~, 1\ ì NOTE This document is beintttcordtd \>y . "-"'" AHiance TiLle and Esc.row-.()f.WyomilJg, LLC as a courtesy only. ../" [Property Address] 000554 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay the principal sum of FIFTY-TWO THOUSAND AND NOIlOO (U.S. $52,000.00), plus interest, to the order of Lender. The Lender is Afton Thomas, Trustee of the Kent Thomas Marital Trust dated July 12,2005. I understand the Lender may transfer this note. The Lender or anyone who takes the note by transfer and who is entitled to receive payments under this note is called the "Note Holder." . 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at the rate of TWELVE percent ( 12.00 %) per year. 3. MANNER OF PAYMENT (A) Time I will make a payment of interest to Note Holder on the first day of each month beginning on June I, 2008. Any principal and interest remaining on August I, 2008 , will be due on that date, which is called the "Maturity Date." (B) Place I will make my payments at 3098 Highland Drive, Suitc 450, Salt Lake City, Utah 84106, or at a different place if required by the Note Holder. (C) Amount Each monthly payment of interest will be in the amount of $500.00 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this note. If! make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payments unless the Note Holder agrees in writing to those changes. 5. BORROWER'S FAILURE TO PAY (A) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date of which the notice is delivered or mailed to me. (B) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in defàult at a later time. (C) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by law. Those expenses include, for example, reasonable attorney's fees. 6. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require Note Holder to give notice to other persons that amounts due have not been paid. Initial(s) ~ Rev. 4/2812008 Page I of 2 Loan Number: FHA Multistate Fixed Rate Note - HUD Rev. 10/95 Effective 6/96 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the property address above or at a different address if! give the Note Holder a notice of my different address. 000555 Any notice that must be given to Note Holder under this Note will be given by first class mail to Note Holder at the address stated in Paragraph 3(8) or at a different address if I am given a notice of that different address. 8. OBLlGA TIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Initinl(s) €Ð Rcv.4/2812008 Page 2 of 2 Loan Number: FHA Mullistatc Fixed Ratc Note - HUD Rev. 10/95 Effcctive 6/96