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HomeMy WebLinkAbout947370COURTE. _ 1RDING This document is being recorded solely as a courtesy and accommodation to the parties therein. Land Title Co. Hereby expressly disclaims any responsibility or liability for the accuracy content thereof. WHEN RECORDED RETURN TO: Name: HICKMAN LAND TITLE Address: 112 NORTH MAIN LOGAN, UTAH 84321 MORTGAGE 00,0767 THE RETREAT AT ALICE LAKE, LLC, Mortgagor of SLATERVILLE, County of WEBER, State of UTAH, hereby mortgage to, THE MITCHELL FAMILY TRUST DATED 5/6/91, KIRK C. MITCHELL and ANNABETH MITCHELL, TRUSTEES, Mortgagee of PO Box 77, Smoot, WY 83126 for the sum of $175,000.00 the following described tract of land 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: SEE EXHIBIT "A" This mortgage is given to secure the following indebtedness: one note of even date herewith for $175,000.00 made payable at the times and place and at the rate specified in the note This mortgage is intended to cover the rents and profits of said property, and consent is hereby given after default, for the appointment of a receiver by any competent court and the receiver is hereby authorized to rent the said property and apply the proceeds on this obligation. The Mortgagors agree to keep the buildings now on said premises or hereafter erected thereon fully insured against loss by fire in some fire insurance company approved by the mortgagee, with loss, if any payable to mortgagee, during the life of this mortgage. The Mortgagors also agree to pay all taxes and assessments on said premises, including any assessments that may be levied on water rights or shares of stock used in connection herewith, or held as collateral with the above note; also any tax that may be assessed by reason of this mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the commencement of any legal proceedings for foreclosure of the same, and said attorney's fees shall be added to the amount due on this mortgage, and made a lien on the premises described herein. In case of default in the payment of any sum covenanted to be paid, either the principal or interest when the same shall become due and payable, or in case of default in the performance of any covenant herein contained, the whole amount of this indebtedness secured herein may be immediately declared due and payable, and to bear interest at the rate of 10 percent per annum from the date of such default, and this , mortgage foreclosed at the option of the legal holder. In the event of default, Mortgagors grant to Mortgagees a Power of Sale to foreclose on and sell said property as public auction pursuant to 34-4-101 et seq. Wyo. Stat., 1977, or its successor. Signed in the presence of ~S 1 han o s rtgagor, this 14th day of May, 2009. 3 THE RE AT AT ALICE LAKE LLC THE BY: DO G WHEELER, MANAGING MEMBER BY: R STATE OF ) )ss. COUNTY OF C~74L~~~ ) On this 14th day of May, 2009, personally appeared before me, DOUG WHEELER MANAGING MEMBER4 OF THE RETREAT AT ALICE LAKE LLC. who acknowledged to me that he/she/they executed the same. Witness my ha, and official se . ublic: -r3 V t c ssion expires cr Notary Public LINDA N. JENNING'S ' Q Commission 677116 ' My Commission Expires January 8, 2013 • State of Utah RECEIVED 5/26/2009 at 3:35 PM RECEIVING # 947370 BOOK: 723 PAGE: 767 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I3ICKMAN LAND TITLE COMPANY OF WYOMING File Nwnber: 6258?df Mortgage - Buyer Ind Page I of 1 EXHIBIT "A" 000 768 Beginning at corner number 1; a sandstone 24x6x4 inches set 18 inches in the ground, from which the South'/ corner of Section 33, Township 29 North, Range 117 West bears North 2°37 %Z East, 4,194.83 feet; thence East 600 feet to corner number 2; a sandstone 24x 10x4 inches set 13 inches in the ground; thence South 350 feet; thence West 600 feet; thence North 350 feet to the point of beginning. Reserving to the Grantor and its predecessors in interest all mineral and oil and gas rights.