The URL can be used to link to this page

Home My WebLink About943670 Promissory Note RECEIVED 11/17/200 14 PM RECEIVING # 943670 BOOK: 709 PAGE: 201 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY For value received, Kay and Susan Cox (husband and wife) and Disaster Cleanup of Wyoming, LLC each promise to pay to the order of Joshua Fielding and Kristin Fielding, husband and wife, who reside at 2210 Sue Lane, Independence, Kansas 67301 (the "Lender"), the principal sum of Fifty Nine Thousand One-Hundred Twenty Six Dollars and 60/1 00 ($59,126.60) together with interest thereon at the rate of 8% per annum compounded daily. The principal and interest shall be paid in monthly installments of $1,187.19 with the first payment due on October 15, 2008 and each subsequent payment due on the fifteenth day of each following month until this Note is fully paid, except that the final payment of both principal and interest (including all past due amounts owed under this Note) if not sooner paid shall be due on September 15,2013. All monthly payments on account of the indebtedness evidenced by this Note shall be first applied to interest on the unpaid principal balance and the remainder to principal. Payments on this Note shall be made at the Lender's address set forth above or at such address as the Lender may, from time to time, appoint in writing. The undersigned shall establish a tax reserve account to be retained in such amount deemed sufficient by the Lender and shall pay monthly into that reserve account an amount equivalent to one- twelfth of the annual real estate taxes, as estimated by the Lender, so as to provide sufficient funds for the payment of each year's taxes one month prior to the date when such taxes become delinquent. The undersigned shall further pay monthly a pro rata share of all assessments, future hazard insurance, and any other charges which may accrue against the property securing this indebtedness. If the amount so estimated and paid shall prove to be insufficient to pay such taxes, insurance, assessments, and other charges, the undersigned promise to pay the difference on demand. Nothing in this Note shall be construed as requiring the Lender to advance other moneys for any other purpose, and the Lender shall not incur any liability for anything it may do or omit to do under this Note. All amounts in the tax and insurance reserve account are by this Note pledged to further secure this indebtedness. The Lender is authorized to withdraw and apply such account(s) on this indebtedness in the event of default. This Note may be prepaid in whole or in part at any time without penalty. In the event of any prepayment, this Note shall not be treated as in default at any time so long as the unpaid balance of principal, additional advances under this Note or the instrument securing the same and interest (and in such case accruing interest from month to month shall be treated as unpaid principal) is less than the amount that the indebtedness would have been had the monthly payments been made as first specified above, provided that monthly payments shall be continued in the event of any credit of any proceeds of any insurance or condemnation, and interest shall be calculated at all times on the unpaid balance; and provided further that regular monthly payments continue to be made for the payment of taxes, insurance, assessments, and other charges as required in this Note. The Lender shall have the right at its option to charge against any such prepayment any sum which in the opinion of the Lender is needed to maintain a tax and insurance account on a current basis as outlined in this Note. . This Note is secured by a Mortgage of even date to the Lender of real estate located in Smoot, Wyoming. All of the tenns and conditions of that Mortgage are incorporated and made part of this Note. Any default of any provision of the Mortgage shall constitute a default under this Note. Upon an event of default under the Mortgage, the Lender shall (in addition to all remedies set forth in the Mortgage) be entitled to pursue all remedies for any event of default as specified in this Note. In the event of default in the payment of any of the installments, the undersigned shall pay interest at a rate of 8% per annum so long as the default shall continue. If default is made in the payment of any of the installments, or in case of the breach of any of the covenants or agreements stipulated in the Mortgage to be perfonned by the undersigned, the principal sum, or any balance that may be unpaid, together with all interest, and any advances made by the Lender shall, at the option of the Lender, its successors, or assigns, become immediately due and payable without notice and all of the principal, interest, and advances, together with interest at the rate provided for in the event of a default in 000202 payment shall be collectible immediately, or at any time after the default. The undersigned further agree to pay all attorney's fees and costs incurred by Lender to collect any sums payable under this Note or the Mortgage which secures this Note. The makers, sureties, guarantors, and endorsers ofthis Note, if any, jointly and severally, waive notice of and consent to any and all extensions of this Note or any part of it without notice, and each waives demand, presentment for payment, notice of nonpayment and protest, and any and all notice of whatever kind or nature and the exhaustion of legal remedies. This Note shall be the joint and several obligation of all makers, sureties, guarantors, and endorsers, and shall be binding on them, their heirs, personal representatives, and assigns. Each party has caused this agreement to be executed on the date indicated below. /s/ ~- 6y Kayl) 7 Brookview Lane PO Box 78, Smoot, Wyoming 83126 IS/5~fV1 & Susan Cox Brookview Lane PO Box 78, Smoot, Wyoming 83126 Date: It? /r /Þ 7' f . Date: I () / g / D r I I Date: I p ¡f ~ 8'" Isl Disaster Cl up of Wyoming LLC 195 County Road 148 P.O. Box 78 Smoot, Wyoming 83126 /Ý~ ~~C- ¡fIØ'¡'~1 f'c.-6/fC.. li¥or /f/ø+tv'f éK(Jlns.' J'¡,J7 ,?(+-r .;lo/(J ~ f -d-;;/f.I't¡;;::':"~"t.1;'!z""'J¡'~"'''('''''':'~'''~"'''\.~'''''''''''~''''''u_'''4I'''''~....,:;$o\\~.-.:¡<t/1 ~ DeBURAH SCHWAB· ;\iOTARY PUBLIC J Counly 01 State of Lincoln Wyoming ~., . My CGrnr<1¡ssion Expires July 21 2010 ~~~~~I't(¡Ø\¡¡1'·\{'IIt\·..Ar't¡~.f~,:¡I""'~/, Notary AcJŒOW',,'---u'~nt State of Wyoming COllntyof L;V\~/V\ ss 000203 The foregoing instrument was acknowledged before me by ka-¡ CoX a'1 J Stt.SQI-'\ CD)( this gilt day of (]JJL- ,20 ¿JP Witness my hand and oflicial seal. ~~ Notary Public My commission expires: \J""{~ ;21.s~ d-OIO ':',' ~:'~""~-bf11I;,t1"I'~'->&~~'~,"ø:."it#~~p~~ l DE'BOllð.l-i SCHWAB - NOTARY PUBLIC County at State of Lincoln Wyoming My Commission Expires ,july ;21, 2010 ~~"''\J.''':¡:'~~~~~~.~~~~<\1I!1~.'!:".~~(I1ol'1_,~-q,.,",:...p.: