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HomeMy WebLinkAbout941150 6010817035 ~. .F*\ 13 '§ 1 >- . ~~~ I;IIJÕ 0 ] ~ ~.... en U ._ en _¡'¡;¡O ~~ 0 <V c: <III ~o$a g~ "0.- ",E-< -_ G) F~ os ~ 3d MORTGAGE úOû026 Galyn M. Stahl and Julie A. Bateman, as Joint Tenants, of 144 Corthell Rd Laramie, WY 82070, (herein collectively called 'MORTGAGOR"), to secure the payment of $74,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is February 9, 2009) and all renewals, modification and extensions thereof, do hereby mortgage unto Sandra L. Steed of P.O. Box 497 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: See Exhibit "A" Attached 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 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 gt!J day of August, 2008, €lf¿¿lj () ~¿¡It/h1t//N Jure A. Bateman ~ Galyn M. Stahl State of Wyoming County of Lincoln RECEIVED 8/11/2008 at 3:18 PM RECEIVING # 941150 BOOK: 702 PAGE: 26 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY This Instrument was acknowledged before me on 8' 7!! day of August, 2008 By ~m~IDI Julie A. Bateman'and Galyn M. Stahl 000027 ~a//~~ (Signature of Notarial Officer) My Commission Expires: 9-/6 -(I NOTARY PUBLIC County of Lincoln State of Wyoming . My Commission Expires September 15, 2011 Prolessional Land Surveyors Paul N. Scherbel Wyo. Reglslration No. 164 Ulah Reglslrallon No. 1670 idaho Reglslrallon No. 3990 Nevada Regislralion No, 6605 Scali A. Scherbel Wyo. Regislrallon No. 3669 Idaho Reglslrelion No. 6026 Ulal1 Reglstralion No. 372J 11 MARLOWE A. SCHERBEl Wyo. Regis!ralion No. 5368 Surveyor SCherbel,. LTD. AIIon, Wyoming Big Piney, Wyoming .Jackson, Wyoming Lava Hot Springs, 1¡lal1o Montpelier, Idal10 DESCRIPTION FOR SANDRA L. STEED 0000,28 PARCEL Sa - REMAINDER TRACT -AD.JUSTED To-wit: - - That part of the SWY4NEY4 of Section 5, TJON R118W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Linea-In County in Book 468 of Photostatic Records on page 699, described as follows: r COMMENCING at the southwest spike of said tract, on the south line of said SWy.¡NEY4, S89°08'55"E, 214.50 fyet fro111 the southwest corner of said SWy.¡NEY4; . . thence NOoo-14' -42"E, 386.05 feet, along the west line of said tract, to the POINT OF BEGINNING; thence NOoo-14'-42"E, 501.94 feet, along the west line of said tract, to a bathey at the northwest corner of said tra'ct; , thence coursing the nortilline of said tract as follows: N89°-35' -3Ö"E, 49.54 feet, to a 3/8"x 12" steel spike in an existing fence corner post;; N01°-39'-00"E, 32.33 feet, to a bathey;, N89°-43'-36"E, 164.90 feet, along an existing fence, tÖ.a 3/8"x 12" steel spike in an existing fence corner post; S37°-08'-54"E, 187.10 feet, to a bathey; S89°-54' -24"E, 113.69 feet, to the northeast point of said tract; thence SO 0° -51' -06"W, 387.0 I feet, along the easlline of said tract to a point; thence N89°-53'-00"W, 438.43 feet, to the POINT OF BEGINNING; ENCOMP AS SING an area of 4.80 acres, more or less; the BASE BEARiNG for this survey is tile SOulll line of the NEY40f Section 5, TJON R1l8W, being N89°-08'-55"W; . TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land thirty (30) feet in width willI the easterly line describes as follows: BEGINNING at the southeast point of the above described tract; \ thence SOoo-51' -06"W, 363.47 feet, to the south line of said SWY4NEY4. each "corner" found' as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "bathey" marked by a steel T-shaped stake 24" long with a metal cap inscribed, "SURVEY POINT DO NOT DISTURB RLS 164" andlor "PAUL N. SCHERBEL RLS 164 SURVEY POINT"; each "point" marked by a 5/8" x 24" steel reinforèing rod with a 2" aluminum cap inscribed, "SURVEYOR SCI-IERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County tit1ed, "SANDRA ,W STEED ~OUN 'f\RyADJUS1'MENT IN TI-IE SW1I4NEl/4 SECTION 5 T30N ~~J18~' . CO.' N:ZO~'Y' /' }~1ING~', cla~~ August 2008, as revised. ¿d§ ø~ '/ / / / ,'17,~.~;fl'~5 f;;;;~j . Y grv' __..__....,'f('¡l \ ~ / .. ~1(j1Ølt*~.'\ August 2008 /" j.J~ f J} "~¡~.t.:'{..:n "-~~~, \~,~ \ .... 1"4. ~Y. . ~)\ \~.:( \ ,:~ . £r~') ',.... ',~, I ): .. , ""." " '';,.:~ ~ .; ¡I' f <{~~\ .\ /,/ '." ~ "J' ~,t"h\3/ /i '" jf,1"~~~:'(:::' ,/ ~'t "~~~Ì1(L ,~.'" (fir- . ~'1~"( "Modification in allY way of the fdregoing description terminates liability of the surveyor"