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REL·061 12-84)
including all buildings and improvements thereon (or that may hereaftcr be erected thereon); tOJether with
hereditaments and appurtenances and all other rights thereunto belonging. or in anywise now or hereafter appertain-
ing, and the reversion and reversions. remainder and remainders, rents, issues. and profits thereof, and all plumbing,
heating and lighting fixtures and equipment ¡lOW or hereafter attached to or used in connection with said premises.
The Mortgagor hereby reJinquishes and waives all tights under and by virtue of the homestead laws of the State
of Wyoming and covenants and agrees that he is lawfully seized of said premises, that they are free from all encOm-
brances. and hereby covenants to warrant and defend the title of said premises against the Jawful claims of aU per-
sons whomsoever.
And the Morts:acor covcnants and agrees with the Mortgagee as follows:
'.
BEGINNING at a point which is N 89°27' E, 2650.00 feet and S 0°02' W,
658.50 feet from a granite rock marking the Northwest Corner of said
Section 10;
and proceeding thence S 89°20' E, 151.95 feet;
thence South, 198.5 feet;
thence N 89°20' W, 152.30 feet;
thence N 0°02' E, 198.5 feet to the POINT OF BEGINNING.
LESS AND EXCEPT any land contained in Quitclaim Deed recorded March 21,
1986 in Book 236PR on page 684 of the records of the Lincoln County
A tract of land being part of Section 10, T31N Rl19W of the 6th
P.M., Lincoln County, Wyoming being more particularly described as
follows:
The land referred to in this commitment is situated in the State of Wyoming, County of Lincoln, and is described as
follows:
hereinafter designated Mortgagee. principal and
interest payable In 180 Installments of S 614.77 each on the LAST day of each,
monlh, beginning on [he 30TH day of JUNE, 2001 19. , each Installment to be. applied
first to Interest, and the balance to be applied to principal, any balance of principal or interest remaining ,sopaid
shall be due wIth the LAST installment on MAY30 2016
,
hereby mortgages to said Mortgagee, the following-described real estate. sItuated In
County, State of Wyoming, to wit:
herewith to the order of
with interest as evidenced by a promissory note dated JUNE 12,2001
POCATELLO SIMPLOT CREDIT UNION
POBOX 912
POCATELLO ID 83204
herein designated as Mortgagor, of PART OF SECTION 1O,T31N R1l9W , County of
6TH P.M.
LINCOLN ' State of WYOMING , to secure the payment of the principal
sum of FIFTY SEVEN THOUSAND FOUR HUNDRED THIRTY FOUR AND 80/100----- Dollars ($ 57,434. ~p
C'A [I\I,\!1"'" \1,", (''''E-fJ
!., ç. ~ I ~ L. 1'1 h \J Ii - "
1<E.MMEnEH, iNYOMING
KNOW ALL MEN BY THBSE PRESBNTS, That LON DAVID TAYLOR, A MARRIED PERSON
O " n I I' D 1,1 ,.,. 2"'J
.. ~," \} rf¡ ,.~ ", L." " ,J
MORTQJ~~~ 8
BOOK,_ 4f!.6PR PAGE t~¡ () g
f~E_
LlNCOU¡ COUNTY CLERI(
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I, That he will pay the indebtedness, as hereinbefore provided. Privilege is reServed to pay the debt in whole,
or in an amount equal to one or more monthly payments on the principitlthat arc next due on the note, on an)'
interest paying date prior to maturity.
2. That the Mortgagor wíll pay all around rents, taxes, assessments, water rents and other governmental or
municipal charges, or other lawful charges and will promptly deliver the official receipts therdor to the said Mort.
gagee. In default thc:reof the Mortgagee may pay the same.
3. That nothing shall be done on or in connection with said property which may impair the Mortgagee's security
hereunder; tlle Mortgagor will commit, permit or suffer no waste, impairment or deterioration of said property nor
any part thereof, and saiå property shall be continuously maintained in good and sightly order, repair and conditïon
by the Mortgagor at his expense.
4. That he will 'keep the Improvements now existing or hereinafter erected on the said premises, insured as
may be: required from time to timc by the Mortgagee against loss by fire and other hazards. casualties, and con-
tingencies in such amounts and for such periods 115 ma.y be required by the Mortgagee and will pay pror'lptly. when
due, any premiums on such insurance. All insurance shall be carried in companies approved by the Mortgagee and
the policies and renewals thereof shall be held by the Mortgagee and have auached thereto loss payable clauses in
favor of and in form acceptable to the Mortgagee. In cvent of loss he will give immediate notice by mail 10 the Mort.
gagee, who may make proof of loss if not made prompt1y by the Mortgl\gor, and each insurance com pan y concerned
is hereby authorized and directed to make payment for such loss directly to (hj: Mortgagee Inslead of 10 the Mon-
gagor and the Mortgagee, jointly, and the insurance proceeds. or any part thereof, may be applied by thl; Mortgagee
at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of i he property
damaged_ In event of foreclosure of this morlgage or other transfer of tiUe to the said premises In eXlinguishment
of the indçbtcdncss secured hereby. an right, title and interest of the Mortgagor In and to any insurilnce policies
thcn in force :.han pass to the purchaser or grantee.
S, That in case the Mortgagor defaults In (he payment of ground rents, If any, taxes, assessml:rÎts, water,
or oth~f governmental or municipal charges, or other lawful charges, as herein provided, the Mortgagee l.1ay without
notice Or demand pay the same and in case of any failure on (he part of the Morlgagor to comply wHh the covenants
of paragraph 3 hereof. the Mortgagee may effed such repairs as it may reasonably deem necessary (0 protect the
property. at the expense of [he Mortgagor. The Mortgagor covenants and agrees to repay such sums ',0 paid ilnd
all cxpc::nsts so incurred by the Mortgagee, with interest thereon from thc date of paymc::nt., al Ihesam~ rate as pro-
vided in the note herein descrIbed, and the same shall be a 11ell on the said premise!; and be secured by the said note
and by these presents and in default of making slIch repayments, the whole amount hereby secured, if not thcn duc,
shall, if the said Mortgagee so elects, become due and payable forlhwith, anyf,hing herein contained to I he contrary
notwithstanding.
6. That in th,e event thc property çovcred hereby is sold under foreclosure and the proceeds are insufficíent
to pay the total indebtedness secured hereby, the Mortgagor binds himself to pay the unpaid balancc, and the Mort-
gagee will be entitled to a detïciency judgment.
7. Upon occurrence, with respect to any Mortgagor, Assignee, maker, endorser or guarantor hCl'cof, of any
of [he following:
Calling of a meeting of creditors; application for. or appointment of, a receivc:r of any of them or their proper-
ty; filing of a voluntary or involuntary petition under any of the provisions of the Bankruptcy Actor amendments
thereto; issuance of a warrant 01' attachment: entry of a judgment; failure to p~y, collect or remit any tax Or tax
dëlïcicncy, Federal, State or local, when assessed or due; death dissolution; making. or sending notice of an intended
bulk sale; mortgage or plcdge of any property; suspensIon or liquidation of their usual business; failure, after de-
mand, 10 furnish financial information or to permit inspection of any books or records; default in payment or per.
formance of this note or any other obligation to, or acquired in any manner by payee. or if the condition or affairs
of any of them shall change as in the opinion of the Mortgagee or'other leg&1 holder thereof, shall increase Its credil
risk-this note and all other obligations, direct or contingent, of any maker or cndorser hereof to payee shall become
due and payable immediately without notice or demand.
That in c~se default shall be made in the payment, when due, of the indtbtcdnc5s hereby secured, or of any
installment thereof, or any part thereof. or in case of breach of any covenanl or agreement herein contained. the
whole of the then Indebtedness secured hereby, inclusive of principal, interest, arrearages, sround rents, jf any taxes,
assessments. water charges, expenditul'es for repairs or maintenance, together with all other sums payable pursuant
10 the provisions hereof, shall bê come immediately due and payable, at the option of the Mortga.gee, although the
period above limited for the payment thereof may not have expired, anything hereinbefore or in said Note contained
to the contrary notwithstanding, and any failure to exercise said option shall not cOnstitute a waiver of the right
to c;xcrcisc the samt at any other time, and it shall be lawful for the Mortgagee to proceed to enforce the provisions
of this mortgage either by suit at law or In equity, as it may elect, or to foreclose this mort~a~e by advertisement
and sale,of the above-described prt:mises, at public vendue, for cash, according to Wyoming statutes governing ttJorl-
ga¡:e foreclosures. and cause to be c~cc:utc:d and delivered to the purchaser Dr purchasers at any such salt: a goo~
and surricient deed or deeds of conveyance of the property $0 sold and to apply the net proceeds arising from such
sale first to the payment of the costs and expenses of such foreclosure and sale and In payment of all moneys expend-
ed or advanced by the Mortgagee pursuant to the provisions of paragraph S hereof. and then to the payment of
the balance due on account of the principal indebtedness secured hereby, together with interest thereon and the surplus,
if any. shall be paid by the Mortgagee on d¢mand, to the Mort¡agor. There shaH be included in any or all such
proceedings, a reasonable attorney's fee. In case the Mortgagee shall fail promptly to foreclose upon the happc;:ning
of any default, it shall not thcreby be prcjudiçcd in its right of foreclosure at any time [hereafter during which such
default shall continue and shall nOI be prejudiced in its foreclosure rishts in case of further dc:raull or defaults.
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- NotQry Public.
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~:>_"~f,·,-,;..~:~¡.~~~..;:::,:,:,~,:/'- ... - ,.. ¿. T
, A. D_ t!t 20ól
day of -:'Tun.¿
6(\al this
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me fully apprised of her right and the effect of signing and aeknowledsinø the said instrument.
, '
free act and deed, ineludln¡ the release and waiver or the right of homestead, the said wife having been by
executed the same as
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foregoing Instrument. and aclc.nowleged that
to me known to be the person described in and who executed the
ßAN NOt/(
/ Z tf¡
D()., V id 'Tà-ij /0 r
Count)' of
Lon
2001
, P1_, before me personaJly appeared
day of .JZt n e..
On this
ss:
J
ID)\Ho
THE STATE OF W,,(O~H:4e.
V\iÓN DAVID TAYLOR (-,' - --.
.4
In the presence of-
.19_.
day of
hand(s) this
IN WITNESS WHEREOF, the Mongugor(li) ha
hereunto set
And the said wife of the said
upon the consideration aforesaid. does hel'eby release and forcv!:r
quit-claim unto the Mortgagee all her ri~hts of homestead in and to the above granted prf=mlses.
1 I. That the covenams herein contained shall bind. and the ben~fits and advantages shall inure to, the respec-
tive heirs, executors, administrators, successorst and assigns of the parties hereto. Whenever used, the singular number
shall indude the pluralt the plural the singular, and the lIse of any gender shall indude aU genders.
10. No failure by the Mortgagee or any legal holder hereof to enforce any right set forth herein nor the grant·
ing of any extension of time nor taking of additional security. nor partial release of security or the making of future
advances, shall act to constitute a waiver of (he right to enforce any and all remedies provided herein nor sh~1I it
act to discharge or release the col1ateral.
8. Thut in case of any default whereby the right of foreclosure occurs hereunder, the Mortgagee shall at once
become entitled to exclusive possession. use. and enjoyment of all property aforesaid, and to all rents. issues and
profits thereof. from [he accruing of such rÎght and during the pendency of forclosure proceedings and the period
of redemption, if any there be, and such possession, rents. issues and pro flu shall at once be delivered to the Mort-
agc:c on request. and on refusal, the delivery of such possession, rents, issues, and profits may be enforced by the
Mortgagee by any appropriate civil suit or proceeding, including action or actions in ejectment. or forcible entry,
or unlawful detainer, and the Mortgagee shall bc entitled to a 'Receiver for said property 8¡nd all rents, issues, and
profits thereof, after any such default, including the time covered by foreclosure proceedings ahd the period of redemp-
tion, if any there be, and shall be entitled thereto as a matter of right without regard to thd solvency or insolvency
of the Mortgagor, or the then owner of said property, and without regard to the value of sald property, or the 5Ur-
fic:ncy thereof to discharge the mortgage debt and foreclosure costs. fees, and expense, and\such Receiver may be
appointed by any court of compctent jurisdiction upon ex parte application, and without notice (notice being hereby
expressly waived and (he appointment of any such Receiver on any such application without notice beinG hereby
consented to by the Mortgagor on the: MOl'tgagor's own behalO, and all rents, issues, and profits, income and revenue
of said property shall be: applied by su¡;:h Receiyer. ac¡;:ording to law and the orders and directions of the: courl.
9. Transfer of the ProperlY; ÅUlunptlon. If aU or any part of the Property or an Intcrest therein is sold or
(ransferred by Mortgagor without Mortgagee's prior written consent. excluding (a) the creation of a li~n or encum-
brance subordinate to this Mongage, (b) the creation of a purchase money jicèurity interest for household appliances,
(c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold
Interest of three years or less not containina an option to purchase, Mortgagee may, át Mortgagee's option, declare
all the sums secured by this Mortgage to be immediately due and payable. Mortgagee shall have waived such option
to accelerate ift prior to the sale or transfer, Mortgagee and the person to whom the Property is to be sold Dr transferred
reach agreement in writing that the credit of $uch person is satisfactory to Mortgagee and that the interes( payable
on (he sums secured by this Mortgage shall be at such rate as Mortgagee shall request. if Mortgagee has waiv~d
lhe option (0 accelerate provided in this paragraph and if Mortgagor's successor in interest has executed a wrÏUen
assumption aereement accepted In writing by Mortgagee. Mortgagee shall release Mortgagor from all obligations
under this Mortgage and the Note.
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