HomeMy WebLinkAbout947009' 6010917571 63W399
MORTGAGE
" 7. Samuel Sutherland, of 1150 Crow Creek Rd Afton, WY 83110, (herein collectively
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R rL,, called `MORTGAGOR"), to secure the payment of $60,000.00, with interest thereon, as
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{ v provided in and evidenced by a promissory note of even date herewith (the ultimate
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z a maturity date of which is May 8, 2014) and all renewals, modification and extensions
thereof, do hereby mortgage unto Janelle Coulter of 1719 East Burton Tulare, CA 93274
` (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 parcel of land located in the vicinity of Smoot, Lincoln County, Wyoming, and being
a portion of the South Half of the Southwest Quarter of Section 32 Township 31 North
Range 118 West of the 6th P.M., Wyoming and shown upon that certain Record of
survey of the property of Everett D. and Leah Beth Peterson, husband and wife,
prepared by Lloyd B. Baker in June, 1974, more particularly described as follows:
BEGINNING at a point in the southerly line of said Section 32, said point being
North 89°24' East, a distance of 1115.74 feet from a rock found marking the Southwest
corner of said Section and running North 0°36' West, 33 feet to the TRUE POINT OF
BEGINNING;
thence North 49°41'48" West following approximately along said creek, a distance of
144.06 feet to a 1 inch iron pipe;
thence leaving said creek and running North 61°19' East, 54.54 feet to a 1 inch iron
pipe;
thence running North 89 °24' East, parallel with said southerly line of Section 32, a
distance of
253.23 feet to a 1 inch iron pipe;
thence South 0°36' East, a distance of 120.00 feet to a 1 inch iron pipe set in a fence line;
thence continuing South 0°36' East, 10.00 feet to a point 33.00 feet northerly of said
southerly
line of Section 32;
thence running South 89°24' West parallel with and 33.00 feet northerly, measured at
right
angles, from last said southerly line, a distance of 192.47 feet to the TRUE POINT
OF
BEGINNING.
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
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,
RECEIVED 5/$/2009 at 12:09 PM
RECEIVING # 947009
BOOK: 722 PAGE: 399
JEANNE W
_ LINCOLN COUNTY CLE MERER, WY
U, 00400
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 hands this ? day of May, 2009,
Samuel Sutherland
State of Wyoming
County of Lincoln
This Instrument was acknowledged before me on day of May, 2009
By Samuel Sutherland.
(Signature of Notarial Officer)
My Commission Expires:
9-/s-/ J
ti GLORIA K. BYERS
_ NOTARY PUELIi;
,
County of
'l State of ;
Lincoln
Wyoming
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My Commission
_ temtrcr 15, 2011