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HomeMy WebLinkAbout876612DELEASZ 1W-in 4 Togs Mortgage SE# abtt y BF MUMS NW 9;m (L) J fee 4 :1 a fj etea ef.30K4 74 pr f'A-G 6. REl .-I ED 'LINCOLN COUNTY CLERK MORTGAGE I� f, k itl` i i i L. LE LIE H. fiMYTH, OF 4711 E. FLAMINGO, LAS V) GAS, NV 89121, {herein collectively called "MORTGAGOR to secure the payment of 1 "ersI,VE THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($12,850.00) with interest thereon, es provided in and evidenced by a promissory note of even date herewith (the ultimata maturity date of which is the _all day of NOVEMBER 2001 and all renewals, modification and extensions thereof, do hereby mortgage unto FR$EDOM INVESTMENTS, Lrx, A WYOMING LIMITED LIAgIL2'tY COMPANY ref F.0. E0X Lsee, AFTON, WY 33110 (herein called "MORTGAGEE the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and 'waving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to -wit: SE1$ ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION_ 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 seoure, maintain and furnish MORTGAGE evidence thereof, insurance with an insurance carrier or carriers acceptable to MORTGAGEE, covering he insurance improvements on the Property against loss by fire and earthquakes, with extended coverage, in an umount 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 falls 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 suins so paid shall bo added to and considered a part of the Indebtedness hereby scoured and shell draw interest at the same rate. In case of 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 agreernents 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 end payable, at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigned, 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 caste, MORTGAGEE shall be entitled to a de'(iciency judgment. in the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE shall at once become entitled to exolusivb 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 warrants title to the Property as to parties claiming, by through or under the MORTGAGOR only. Witness our hands this T day of 0= 4e.{ 20 01. L:1 LESLIE H. SMITH State of Nevada County of Clark The foregoing instrument was acknowledged before me by Leslie H. Smith, this 7 of October, 2001. day Witness my hand and official seal. My Commission Expires: —0. NOTARY PUBLIC STATE OF NEVADA County of Clark ADRIENNE NEITZKE "1 EXHIBIT A LEGAL DESCRIPTION 708 A portion of the property referred to in the Deed recorded in ,Book 449PR on page 83 of the records of the Lincoln County Clerk, within Lot 4 and the SW of Section 28, T35N, R119W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at a point in the. South line of said Section 28, said point being 368.09 feet .S 89 °00'46" E, along said South line, from the B.L.M. type Monument marking the Lloyd B. Baker PE /LS 698 1982, location for the Southwest corner of said Section 28; thence N 0 °47'32" E, 286.72 feet; thence N 45 °19'03" W, 63.19 feet; thence N 0 °55'13" E, 60.00 feet; thence S 89 °04'47" E, 56.50 feet; thence N 1 °33'08" E, 148.94 feet; thence N 87 °35'28" E, 389.71 feet to a point in the approximate centerline of the Slough; thence Southerly, along said centerline, the following: S 22 °20'44" E, 35.82 feet; S 15 °09'05" W, 32.32 feet; S 3 °01'10" E, 169.67 feet; S 15 °05'07" W, 49.51 feet; thence N 89 °00'46" W, 237.26 feet; thence S 0 °59'14" W, 280.96 feet to a point in said South line; thence N 89 °00'46" W, along said South line, 169.08 feet to the POINT OF BEGINNING.