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MORTGAGE
000595
Ann Wagstaff and Earl J. Blackham, Joint Tenants with Rights of Survivorship, of
1327 9th West Ave Kemmerer, WY 83101, (herein collectively called
'MORTGAGOR"), to secure the payment of $37,500.00, with interest thereon, as
provided in and evidenced by a promissory note of even date herewith (the ultimate
maturity date of which is October 15, 2013) and all renewals, modification and
extensions thereof, do hereby mortgage unto David O. Phillips and Allyson B. Phillips,
Husband and Wife, of 2009 N 1300 W Pleasant Grove, UT 84062 (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:
A portion of Lot 3 of Block 10 of the Lincoln Heights 4th Subdivision of the Town of
Kemmerer, Wyoming, being more parti.cularly described as follows:
Commencing at the Southeast corner of said Lot 3, Block 10; thence North along the
Easterly boundary of said Lot 3, Block 10, a distance of 53.96 feet to the Point of
Beginning of Unit #3; thence North 89°45'37" West, a distance of 55.91 feet;
thence North 89°51'50" West, a distance of 74,09 feet;
thence North along the Westerly boundary of said Lot 3, Block 10 a distance of 27,19
feet; thence South 79°28'54" East a distance of 73.25 feet;
thence South 89°51'48" East, a distance of 57.98 feet;
thence South along the Easterly boundary of said Lot 3, Block 10 a distance of 14.09
feet to the Point of Beginning.
Said Unit #3 also contains a portion of said Lot 3, Block 10, of the Lincoln Heights 4th
Subdivision ofthe Town of Kemmerer, Wyoming, being more particularly described as
follows:
Commencing at the Southeast corner of said Lot 3 of Block 10; thence North along the
Easterly boundary ·of said .Lot 3, Block 10, a distance of 92.14 feet to the Point of
Beginning.
thence West a distance of 40.00 feet;
thence North a distance of 10.00 feet;
thence East a distance of 40.00 feet;
thence South along the Easterly boundary of Lot 3, Block 10, a distance of 10.00 feet to
the Point of Beginning.
RECEIVED 10/23/2008 at 3:43 PM
RECEIVING # 943116
BOOK: 101 PAGE: 595
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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
C:O\J59€
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 h ds t is _ day of Ootob", 200~~
Earl . Blackham
State of (~~~
County of '!¿;',cc·'/fr
This Instrument was acknowledged before me on ~y of October, 2008
By Ann Wagstaff and Earl J. Blackham.
COUNTY OF
LINCOLN
~~~
(Signature of Notarial Officer)
-.-,-
LORI KALAN - NOTARY PUBLIC
STATE OF
WYOMING
My Commiss~xZs:
¿/-< ~ø· Ç2?#
My Commission Expires Feb. 26, 2011
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