HomeMy WebLinkAbout947144RECEIVED 5/13/2009 at 3:44
RECEIVING # 947144
MORTGAGE DEED BOOK: 722 PAGE: 831
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEM
Jody M. Simkins and Kristine Simkins, AKA Kris H. Simkins, husband anc
County, State of Wyoming, to secure the payment of
0008a3. 0
ER, WY
mortgagor, of Lincoln
ONE HUNDRED THOUSAND AND NO/100 DOLLARS, due July 1, 201Q with interest thereon at the rate
of SEVEN percent per year (said sum, and the interest thereon, being referred to as the "indebtedness"),
payable monthly in accordance with the provisions of that certain Note, dat~ May~~ 2009, hereby
mortgage and warrant to mortgagee, Lincoln-Uinta Revolving Loan Fund oij Lincoln County, State of
Wyoming the following described real estate, situated in the county of Lincoln, in the State of Wyoming, to-
wit:
PARCEL I
That part of the South Half of the Southwest Quarter of Section ~1, Township 32 North,
Range IIS West, Lincoln County, Wyoming, described as follows:
i
Beginning at the Northeast corner of said South Half of the Southwest Quarter, found as
described In that Certified Land Corner Recordation Certificate)-filed in said Office-,
thence South 00°04.1' West 265.30 feet, along the East line of said South Half of the
Southwest Quarter, to a point;
thence North 89035.2' West 599.77 feet, to a point;
thence North 06°00.0' East 261.33 feet, to a point on the North line of said South Half of the
Southwest Quarter;
thence North 89053.3' East 572.76 feet, along said North line to t~e Point of Beginning.
PARCEL 2
Lot 29 of the Airport Addition Fifth Filing to the Town of Afton, Lincoln County, Wyoming as
described on the official plat filed on March 26, 2007 as Instrument No. 1927852 of the records of the
Lincoln County Clerk.
Mortgagors agree to pay the indebtedness according to the terms of said Note, and, during the life of this
mortgage, to pay all taxes and assessments on the premises and to provide adequate hazard insurance policies
covering fire and extended coverage and such other hazards as may be dee7d appropriate in amounts and
form sufficient to prevent mortgagors from becoming a co-insurer and issued by companies satisfactory to
the Lender, with the proceeds thereof made payable to the mortgagee. If mortgagors fail to pay such taxes or
assessments or fail to keep the premises insured, mortgagee may pay the sac I e and may insure the premises,
and all sums paid by mortgagee for such purposes shall be added to and considered as a part of the
i
indebtedness and shall draw interest at the same rate.
If default occurs in the payment of the indebtedness or in the payment of an y installment thereof or if default
occurs in any of the covenants and agreements hereof, then the whole indebtedness shall, at mortgagee's
option. become due and payable forthwith, and mortgagee rnav foreclose this mortgage either by
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si-.turf', or n!' I._a _on i?3'_'tlul,v
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10.00831
any foreclosure sale, mortgagee shall retain or receive all sums due to it hereunder, and costs of foreclosure
and sale, including reasonable attorney fees.
To fully assure the mortgagee the benefit of the security interest in the premises granted to it hereunder,
mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy of the premises
by any person in possession thereof with mortgagors' consent. If default occurs in any of the covenants and
agreements herein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof
mortgagee shall at once be entitled, and is hereby authorized, to collect rents from the premises and to apply
the dame to the payment of the indebtedness secured hereby until such default is remedied.
In the event of foreclosure of this mortgage upon default, mortgagee shall be entitled to the possession and
enjoyment of the premises and the incident rents, issues, and profits thereof from the time of such default and
for and during the pendency of foreclosure proceedings and the period of redemption, if any. If mortgagors
should fail to surrender such possession to mortgagee promptly upon its request therefor, mortgagee may
compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose.
Furthermore, and in addition to the remedies otherwise provided for in this mortgage and by law, and as a
matter of right, without regard to the solvency or insolvency of mortgagors, the value of the premises, or the
sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be
entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the
expiry of any redemptive period provided by law. Such receiver may be appointed by any court of
competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the
appointment of a receiver upon such application being hereby consented to by mortgagors.
Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of
Wyoming.
Witness our hands this Lay of May, 2009.
4Jod. Simkins istine Simkins
State of Wyoming
County of Lincoln
rrThe foregoing instrument was acknowledged before me by Jody M. Simkins and Kristine Simkins, this
1, lk day of May, 2009.
Witness my hand and official seal.
ERIKA BER11
NOTARY PUBLIC
County of State of
.71 . My commission expires- jw& Lincoln Wyoming
My Commission Expires July 31, 2012