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HomeMy WebLinkAbout947015 1, 6010716037 MORTGAGE 006446 (With Power of Sale) KNOW ALL MEN BY THESE PRESENTS, that Dale Lee Smuin and Jeralyn K. Smuin, husband and wife, of P.O. Box 93, Diamondville, Wyoming, 83116, designated as Mortgagor, to secure the payment of the principal sum of SIXTY FIVE THOUSAND DOLLARS ($65,000.00) amortized over ten (10) years, with interest at eight percent (8%) per annum, as evidenced by a promissory note of even date payable to the order of Sim Arnold Mayne, of 202 Bear River Drive, Apt 2105, Evanston, Wyoming, 82930, herein designated as Mortgagee, payable as set forth in the promissory note of even date herewith, hereby mortgages to said Mortgagee, the following-described real property, situated in Lincoln County, State of Wyoming, hereby releasing and waiving all. rights under and by virtue of the homestead exemption laws of the State, to wit; South Half of the Southwest Quarter of the Northeast Quarter of Section 22, Township 21 North, Range 117 West of the 6th P.M., Lincoln County Wyoming. 1 including all. buildings and improvements thereon (or that may hereafter be erected thereon); together with appurtenances and all other rights thereunto belonging, or in anyway now or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all plumbing, heating and lighting fixtures and equipment now or hereafter attached to or used in connection with said premises. The Mortgagor covenants and agrees with the Mortgagee as follows: SECTION ONE RENTS PROFITS AND RECEIVER Mortgagor as further security for this mortgage and the note, hereby assigns, sets over, and conveys to Mortgagee all its 1 RECEIVED 5/8/2009 at 2:27 PM RECEIVING # 947015 BOOK: 722 PAGE.- 446 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY v447 interest in and to all rents, issues, and profits from the property. In the event of a default, Mortgagee shall have the right without.notice to the Mortgagor, to take possession of the property, including during the pendency of foreclosure, whether judicial or non-judicial, and collect the rents, including amounts past due and unpaid, and apply the net proceeds, over and above the Mortgagee's costs, against the indebtedness. In addition, Mortgagee shall have the right to have a receiver appointed to take possession of all or any part of the property, with the power to protect and preserve the property, to operate the property preceding foreclosure or sale and to collect the rents for the property and apply the proceeds, over and above the cost of receivership against the indebtedness. The Receiver may serve without bond, if permitted by law. SECTION TWO PAYMENT OF INDEBTEDNESS Mortgagor will pay the indebtedness as required by the promissory note of even date herewith. SECTION THREE TAXES AND ASSESSMENTS Mortgagor will pay all taxes, assessments, and other governmental. or municipal charges, or other lawful charges levied against the property and mobile home and will promptly deliver the official receipts therefor to Mortgagee upon request. Failure to do so shall constitute an event of default. In default thereof the Mortgagee may, at its option, pay the same, and all sums so paid shall be added to and considered a part of the above indebtedness hereby secured, and shall draw interest at the rate set forth in the promissory note. SECTION FOUR MAINTENANCE OF PROPERTY Nothing shall be done on or in connection with said property which may impair the Mortgagee's security hereunder; the Mortgagor 2 shall not commit waste, impairment or deterioration of said property nor any part thereof, and said property shall be continuously maintained in good and sightly order, repair and condition by the Mortgagor at his expense. SECTION FIVE INSURANCE Mortgagor will keep the mobile home and improvements now existing or hereinafter erected on the said premises, insured as may be required from time to time by the Mortgagee against loss by fire and other hazards, casualties, and contingencies in an amount that is at least equal to the amount of the promissory note, and will pay promptly, 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 have attached thereto loss payable clauses in favor of and in form acceptable to the Mortgagee. Mortgagor shall take all steps necessary to assure that notification of renewals are mailed or otherwise delivered by the insurance company to the Mortgagee each year. In event of loss, Mortgagor will give immediate notice to the Mortgagee and the insurance carrier. Mortgagee may make proof of loss to the insurance carrier if not made promptly by the Mortgagor. Insurance proceeds shall be applied to restoration or repair of the property damaged, if the restoration or repair is economially feasible and Mortgagee's security is not lessened. If the restoration or repair is not economially feasible or Mortgagee's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to the Mortgagor. In event of foreclosure of this mortgage or other transfer of title to the said premises in extinguishment of the indebtedness secured hereby, all right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 3 00449 SECTION SIX CHARGES; .--LIENS In case the Mortgagor defaults in the payment of any, taxes, assessments, or other governmental or municipal charges, or other lawful charges, as herein provided, the Mortgagee may, without notice or demand, pay the same and in case of any failure on the part of the Mortgagor to comply with the covenants of Section Four hereof, the Mortgagee may effect such repairs as it may reasonably deem necessary to protect the property, at the expense of the Mortgagor, The Mortgagor covenants and agrees to repay such sums so paid and all expenses so incurred by the Mortgagee, with interest thereon from the date of payment, at the same rate as provided in the note herein described, and the same shall be a lien on the said premises and be secured by the said note and by these presents and in default of making such repayments, the whole amount hereby secured, if not then due, shall, if the said Mortgagee so elects, become due and payable forthwith, anything herein contained to the contrary notwithstanding. SECTION SEVEN ACCELERATION AND FORECLOSURE In the event of a default because of Mortgagor's failure to make payment within ten (10) days after it is due, or any part thereof, or in case of a breach of any other covenants or agreements contained in the Promissory Note or this Mortgage, and such other default or breach is not cured within thirty (30) days after the Mortgagee has mailed written notice of the breach of the other covenants or agreements to the Mortgagor, then the whole of the then indebtedness secured hereby, inclusive of principal, interest, arrearage, ground rents, if any taxes, assessments, water charges, expenditures for repairs or maintenance, together with all other sums payable pursuant to the Promissory Note and the provisions hereof, shall become immediately due and payable, at the option of the Mortgagee, and any failure to exercise said option 4 ;lv45O shall not constitute a waiver of the right to exercise the same 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 mortgage by power of sale or advertisement and sale of the above-described premises, at public venue, for cash, according to Wyoming statutes governing mortgage foreclosures, and cause to be executed and delivered to the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance of the property so 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 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 demand, to the Mortgagor. There shall be included in any or all such proceedings, a reasonable attorney's fee. In case the Mortgagee shall fail promptly to foreclose upon the happening of any default, it shall not thereby be prejudiced in its right of foreclosure at any time thereafter during which such default shall continue and shall not be prejudiced in its foreclosure rights in case of further default or defaults. If Mortgagor remains in possession of the property after the property is sold as provided above, during the redemption period, Mortgagor shall become a tenant at sufferance of the Mortgagee or the purchaser of property and shall, at the Mortgagee's or purchaser's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the property immediately upon demand of the Mortgagee or purchaser. SECTION EIGHT WAIVER OF RIGHT TO ENFORCE No failure by the Mortgagee or any legal holder to enforce any right set forth herein nor the granting of any extension of time nor taking of additional security, nor partial release of security 5 aw. 4 5 1 or the making of future advances, shall act to constitute a waiver of the right to enforce any and all remedies provided herein nor shall it act to discharge or release the collateral. SECTION NINE UVE ON SALE Mortgagee may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the Mortgagees's prior written consent, of all or any part of the real property described herein. A "sale" or "transfer" means the conveyance of the real property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, lease- option contract or lease with a term greater than three (3) years. SECTION TEN BINDING EFFECT The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. SECTION ELEVEN NOTICES All notices, demands requests and writings required or permitted to be given to the Mortgagor hereunder shall be deemed duly given if delivered or if mailed by registered or certified mail, postage prepaid and addressed to the following; Dale Lee Smuin Jeralyn K. Smuin P.O. Box 93 Diamondville, WY 83116 6 A.,;OV452 It shall be the obligation of the Mortgagor to notify the Mortgagee in writing by certified mail of any change in the address set out above. The Mortgagee shall be entitled to rely upon the address set out above for all purposes hereunder, unless written notice of change is received from the Mortgagor. IN WITNESS WHEREOF, Mortgagor has duly executed this Mortgage on the _ day of 2009. r~.. Dale Lee Smuin I 4ia~alyn . Smuin THE STATE OF WYOMING } ) ss COUNTY OF LINCOLN ) The-above and foregoing instrument was acknowledged before me this day of 2009, by Dale Lee Smuin and Jeralyn K. Smuin. WITNESS my hand and official seal. •®,eD-•d~-<PsY'-.+la~+f.-IiP.v►-A-YP-A C LORI KALAN - NOTARY PUBLIC - / COUNTY Of STATE OF LINCOLN WYOMING Notary Pub l i c My Commission Expires Feb. 26, 2011 My Comm s s i p> es: ~ Z( Z , 7