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Home My WebLink About942313 6010817148 File #WOODIE MORTGAGE 00011.6 THIS MORTGAGe, made this September 11, 2008, by KIMBERLY WOODIE and PAUL WOODIE, wife and husband or 1243 EAST 4100 NORTH, BUHL, County of lWlN FALLS, State of ID., 83316, hereinafter called mortgagor, to PHILIP MATTINGLY and SAMATHA MOLL, 88 JoInt Tenlnts of PO BOX 58804, SALT LAKE CITY, COllnty of Salt Lake, State of UT., 84168, hereinafter called mortgagee, WITNESSETH: That said mortgagor in oonslderation of TWENTY THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($20,400.00) paid by the said mortgagee does hereby grant, bargain, sell and convey unto said mortgagee and their heirs and assigns forever that certain real property situated in the County of LIncoln, State of Wyoming, bovnded and described as follows, to-wit: A portion of Tract 90, Township 24 North, Range 119 West of the 6th P.M., Lif1coln County, Wyoming, being a part of that tract of record in the office of the Clerk of Lincoln County In Book 98PR on page 559, more particularly described as follows: 8eglnnlng at a point on the Westerly Right of Way line of U.S. Highway 30 North, which point lies North 5S'23'00" West 2144.7 feet from Comer No.2 of said Tract 90; thence North 11·33'12" West 208.70 fee~ along the W¡¡terly right of way line of U,S. Highway 30 North; thence North 89°10'00" West 83.00 fee~ thence South 11°33'12" East a distance of 287.36 feet; thence North 56°24'49" East B7.46 feet to a point on the Westerly right of way line of U.S. Highway 30 North; thence North 11°33'12" West 28.04 feet along said right of way line to the Point of Beginning. 'G.\\ ,Ú \ ~ C;,Û Together with all and singular tha tenements. hereditaments and appurtenances thereunto belonging or in anywise appertaining, and which may after thereto belong or appertain, and any and all fixtures upon said premises at the time of the execution of this mortgage or at any time during the term of this mortgage. TO HAVE AND TO HOLD the said premises with the appurtenances unto the said mortgageè, his heirs Bnd 8581908 forever. This mortgage Is Intended to secure the payment of that certain promissory note of even date herewith, which said note In words and figures as follows. to-wit: 1. The first monthly lf1terest only payment In the amount of $238.00 shall be due and payable on or before 16 October 2008, and continuing on the 16th day of each succeeding month until principal, with accrued Interest is paid in full, except a BALLOON payment of principal and Interest In the approximate amount of $$20,636.00, If not sooner paid, shall be due and payable on 16 September 20011. 2. A late fe!;! of $60.00 shall be charged if the payment Is more than 5 days IEste. On the 6th late day, a dally fee of 520.00 per day shall be charged until payment is paid. 3. Buyer shall have the right to prepay any amount at any time without Incurring any prepayment penalty. The Mortgagor warrants that the proceeds of the loan represented by the above described note and this mortgage are: (a)" primarily for mortgagor's personal, family, household or agricultural purposes (see Important Notice below), (b) for an organization or (even If buyer Is a natural person) are for business or commercial purposes other than agrioultural purposes. And said mortgagor covenants to and with thll mortgagee, his heirs and assigns, that he is lawfully seized In fee simple of said premises and now has a valid, unencumbered IItle thereto subject only to the following: and that he will warrant and forever defend the same against all peraons; That he will pay said nota(s) and Installmentll of interest according to the terms thereof; That while eny part of said note(s) remain unpaid, he will pay all taxes, assessments and other chllrges of every nature which may be leVIed on or against the said property or this mortgage or note(s) above described whef1 due and payable and before the same becomes delinquent; That he will promptly pay and satisfy any and .11 liens or encumbrances that are or may become liens on the premises or any part thereof superior to thet lien of this mortgage; That he will keep the buildings now on or which may be hereafter erected on the premises Insured in favor of the mortgagee against loss or damage by fire In the sum of 5100,000.00 with such company or companies as the mortgagee may designate, and will have all policies of Insurance on said property made payable to the mortgagee as his Interest may appear and will deliver all policies of insurance on said premises to the mortgagee as soon as secured; that he will keep the bUildings and Improvements on said premlsss In good repair and will nQt commit Qr suffer any waste of said premises. These premise!! shall be void If said molig.gor shall keep and perform the covenants herein contaIned and pay the said note(s) according to its/their tenors, but otherwise shall ramaln In full force as a mortgage to secure the perforrnance of all of said covenants e"d payment of said note(s); It Is expressly agreed that B failure to perform any covenant herein, or if proceedings Of any kind be taken to foreclose any lien On said ~ 0:: W ::i'E 0:: W a. c.o ::i'E '"It' M~ffi ::i'E 0 W c:.; 'r'" ., Z ~ ... MWC9 ~ (I NC9 00 'IIt«~ 0:: 0 en 0.. W 0 -I r;! ::: W () t-- Z ..... C9 z ~ ""- Q) z 11)« z c :> oW :J W W ....""') 0 >() ~ () -W 0 Z Wo:: 0 -I () ID 0 W () 0::: z ::J premises or any part thereof the mortgagee shall have the opportunity to declare the whole amount unpaid on said note(s) or on thi$ mortgage at once due and payable, and this mortgage may be foreclosed at any time thereafter. If the mortgagor shall fall to pay any taxes or charges or any lien, encumbrance or fl'\surance premIum as above provided, the mortgagee may at I'1ls option do SO and any payment so made shall be added to and become a part of the debt secured by this mortgage and shall bear interest at the same rate as the said note($) without waiver, however of al'\Y right arising to the mortgagee for breach of covenant and this mortgage may be foreclosed for principal, Interest and all sums paid by the mortgagee at any time while the mortgagor neglects to repay any SUm so paid by the mortgagee. If suit be commenced to foreclose this mortgage the attorney's fees provided for in said note(s) shall be Included In tl'1e lien of this mortgage. Each and 0111 of the covenants and agreements herein shall OIpply to and bind the heirs executors, administrators, and assigns of said mortgagor, and said mortgagee respectively, In cflse suit or action is commenced to foreclose this mortgage the mortgagee shall be entitled to the appointment of a receiver to collect the rents and profits Irislng out of said premises during the pendence of such foreclosure, and apply the same to the payment of the amount due under this mortgage, first deducting all proper charges and expenses attending the exeoutlon of said trust. In construing this mortgage, it Is understood that the mortgagor or the mortgagee may be more than one person; that If the context so requires. the singular pronoun sl'1all be taken to mean and Include the plural, the masculine, the feminine and the neuter, and that generally all grammatical changes shall be made, assumed and Implied to make the provision; hereof apply equally to CQrporatlons and to Individuals. . IN WITNESS WHEREOF, the said mortgagor(s) has hereunto set their hand(s) and seals the day and year first above written. ~ AU' W~OIE ~1¥\O,¡.J\ STATE OF IOAHO, COUNTY OF 'lVJIN.rAllS On thi, September 11, 2008, before me, the undersigned, a notary pUbllo In and for said state, personally appeered KIMBERLY WOODIE and PAUL WOODIE, wife and husband known 10 Ma to bathe person(s) whose namas are aubscrlbed to the within Instrument. and aoknowledged 10 me thai Ihey øxøçutad the ume, \\\\\\\1' 1111//1/11111 ~\\\\ þ- D. H-4 1///1.% ~ ,ú\...··..··...4tL %, ~ ,~ .' " ''7...t\. '.:< ~ 't)oo¥..' ". 'À\ '.:< ;::: ,. . -y ~ g / ~OTA.J:1J-\ ~ - . . -", ~~ ... i~ % ..... ~l.JBL\C . § ~ .no·· ." ~ ;;::, V').,." .' 0 ~ ~ ,... t.. ......~ ~ ~ LI~ ......... b.~' ~ '% "lit:' ,Or ~ ~//I ' OF \\\\\~ ~/111t1// 1111\\\\\\\ OOû117