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HomeMy WebLinkAbout938825 u ~ ~ >. . -Obi) ~.s .,;¡ s ~~ ~ z:: >- .... "- ï3 ~p 0 0 .- ~ :>" ßell .:!! ~.~ - u.:¡ 0 r:.: u ~] c<1 ð ~ ~ 0';:: "0 ..,. ,~ f-' .- 0 -'= u f-c: ~ :;¡: 6010816722 000008 MORTGAGE Hal Titensor and Nyla Titensor, Husband and Wife, of P.O. Box 773 Afton, WY 83110, (herein collectively called 'MORTGAGOR"), to secure the payment of $150,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is May 5,2013) and all renewals, modification and extensions thereof, do hereby mortgage unto Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson Family Trust dated April 10, 1997 of PO Box 677 Afton, WY 83110 (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: Beginning at a point South West Corner of Lot 2 in Block 3 ofthe Town of Afton, and running thence North 145 feet; thence East 330 feet; thence South 15 feet; thence East 110 feet; thence South 130 feet; thence West 440 feet to the Point of Beginning. ALSO: Part of Lot 1 of Block 3 of the Town of Afton, Lincoln County, Wyoming described as follows: Beginning at the Northwest corner of said Lot 1 and running thence East 140 feet; thence South 200 feet; thence West 140 feet; thence North 200 feet to the Point of Beginning. ALSO: Part of Lot 2 of Block 3 of the Town of Afton, Lincoln County, Wyoming described as follows: Beginning at the Northeast corner of said Lot 2 and running thence West 165 feet; thence South 185 feet; thence East 165 feet; thence North 185 feet to the Point of Beginning. LESS AND ESSCEPT the land described in Warranty Deed recorded September 29, 1998 in Book 418PR on page 566 of Lincoln County public records. LESS AND ESCEPT the land described in Warranty Deed recorded November 10, 1999 in Book 438PR on page 143 of Lincoln County public records. 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 RECEIVED 5/7/2008 at 3:47 PM RECEIVING # 938825 BOOK: 693 PAGE: 8 JEANNE WAGNER LINCOLN COUNTY CLERK, KE R, WY 000009 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 accruing of any such rights and during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. MORTGAGOR wàrrants title to the Property as to parties claiming, by, through or under the MORTGAGOR only. Witness our hands this r;!/; day of May, 2008, H~:;;~. . /~~~ ~ State of Wyoming ) )ss. County of Lincoln ) The'foregoing instrument was acknowledged before me this 0 d; day of May, 2008, by Hal Titensor and Nyla Titensor. Witness my hand and official seal ~wA. Notary Public: My commission expires: 9 - I. NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires September 15, 2011