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When recorded mail to:
SHON KUNZ
1012 S 200 W
VICTOR ID, 83455
RECEIVED 213/2009 at 2:13 PM
RECEIVING # 945054
BOOK: 714 PAGE: 706
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
REAL ESTATE MORTGAGE
000706
FOR VALUE RECEIVED, RODNEY GILSTRAP the "Mortgagor", does hereby grant, bargain, sell and
convey unto SHON KUNZ collectively the "Mortgagees", the following described premises, in Lincoln County,
Wyoming:
TO WIT:
PART OF LOT 3 OF BLOCK 7 OF THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
(
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3 AND RUNNING THENCE WEST 148.5 FEET;
THENCE NORTH 20 RODS;
THENCE EAST 148.5 FEET;
THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING.
"
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LESS AND EXCEPT THE FOLLOWING DESCRIBED LAND:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 OF BLOCK 7 OF THE TOWN OF AFTON AND RUNNING THENCE
WEST 74.25 FEET;
THENCE NORTH 165 FEET;
THENCE EAST 74.25 FEET;
THENCE SOUTH 165 FEET TO THE POINT OF BEGINNING.
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Mortgagees, their heirs
and assigns forever.
This conveyance is intended as a mortgage to secure the Promissory Note dated Fe£; \.~ ,2009, in
the amount of$75,000.00, plus interest payable to the Mortgagee, with final payment due JANURAY 01,2010,
and providing for acceleration of the due date of the principal for default in the payment of interest or any
installment of principal, and providing for a reasonable attorney's fee in case of suit of action.
The Mortgagors covenant and agree with the Mortgagees as follows: That they are the owners in fee simple of
the above described premises and that they are free from all encumbrances except as provided on the
conveyance deed to them, and except this Mortgage.
That they will pay the indebtedness hereby secured promptly, according to the terms of said Promissory Note.
That they will pay all taxes, liens and assessments of any nature hereafter levied or imposed, or becoming
payable, upon said premises not later than the twentieth day before delinquency.
Ifthe Mortgagors shall fail to pay any such tax or lien, the Mortgagees may pay the same, and all payments by
the Mortgagees for any such purpose shall be added to the indebtedness hereby secured, and shall be repabyable
on demand, with interest at the rate of eighteen percent (18%) per annum until paid.
For the purpose of further securing said indebtedness and performance of the convenants herein contained, the
Mortgagors hereby sell and assign to the Mortgagees any and all rentals accruing, or to accrue on said premises,
during the life of this Mortgage.
If the said Mortgagors shall payor cause to be paid all moneys which may become due upon said Promissory
Note and shall otherwise comply with the terms and conditions hereof, this conveyance shall be void; but in
case default shall be made in the payment of the indebtness hereby herein contained, then the Mortgagees or
their assigns, at their option may declare the entire indebtedness hereby secured immediately due and payable,
and foreclose this Mortgage and cause said mortgaged premises to be sold in the manner provided by law, and
out of the moneys arising from such sale retain principal and interest together with any sums advanced as
provided herein, with interest as aforesaid, together with the costs and charges of such foreclosure suit and sale,
including such sums as the court may adjudge reasonable as an attorney's fee to be allowed the plaintiff, and the
overplus, if any there be, pay over to the Mortgagors, their heirs and assigns.
006707
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tJ . ,2009, personally appeared before me RODNEY GILSTRAP, signor ofthe within
ho duly aclmowledged to me th"t~ executed the same.
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PROMISSORY NOTE
(;'OG708
In consideration of value received, the undersigned RODNEY GILSTRAP(hereinafter "Borrowers") do
hereby jointly and severally promise to pay to SHON KUNZ (hereinafter "Lender"), the amount of
$75,000.00,(SEVENTY-FIVE THOUSAND DOLLARS) upon which interest will accrue at 10% (TEN
PERCENT). This Note shall have a term of ONE (1) year from date of signing.
One (1) Payment shall be made in the amount of $75,000.00 (SEVENTY-FIVE DOLLARS) PLUS INTEREST
ACCRUED. This payment is due by January 1, 2010. This Note may be paid in full at any time without penalty
charges. Lender reserves the right to demand payment in full or in part, together with interest accrued, at any
time and for any reason as the Lender deems a breach of contract.
In the event this Note shall be in default, and collection proceedings are instituted, then the Borrower
agrees to pay all reasonable attorney fees and costs of collection.
The undersigned and all other parties to this Note, whether as endorsers, guarantors or sureties waive
demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding
any extension, modification, waiver, or other indulgence by any holder or upon the discharge or release of any
obligor hereunder or to this Note, or upon the exchange, substitution, or release of any collateral granted as
security for this Note.
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Date
Date
Witness