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HomeMy WebLinkAbout948971`IWS Cocume11t1a UQ,,k't .rW~•.•-~ _y Alliu,ce Title ar;d Escrow of Wyoming, LLP as a courtesy only 0001:12 MORTGAGE Sierra Homes Construction Wy Inc., of Thayne , Wyoming, (herein collectively called `MORTGAGOR"), to secure the payment of Sixty-Five Thousand dollars and no cents ($65,000.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith, the ultimate maturity date of which is July 31, 2010 and all renewals, modification and extensions thereof, do hereby mortgage unto Castle Arch Real Estate Investment Company of 1284 W. Flint Meadow Dr., Suite 13, Kaysville, UT. 8430 , (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: " Lots 29, 30, 31, 32 SLEEPY MEADOWS PLAT All of , Lincoln County, Wyoming as described on the official plat filed on February 20, 2009 as instrument No. 945463 of the records of the County Clerk Now-nKhown as Lots 29, 30, 31 and 32 of The Meadows at Star Valley Plat "A", Lincoln County, Wyoming. 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, 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 (P day of K9+- 20 Sierr mes Construction Wy Inc. Si a omen Co struction Wy Inc. Jay Stocking Ryan Herd President Vice President RECEIVED 8/17/2009 at 3:43 PM RECEIVING # 948971 BOOK: 730 PAGE: 112 JEANNE WAGNER LINCOLN COUNTY CLERK, KEr" °Q, WY 006IL13 State of RA(., County of ?mil This Instrument was acknowledged before me on K9,4- 0-'- ,2009 By Jay Stocking, President of Sierra Homes Constru on Wy Inc. NOTARY-PUBLIC JENNY GORING 10015 NORTH HWY38 (S ature of Notarial Offi e ) DEWEYVILLE UT 84309 p MY COMMISSION EXPIRES AUGUST 14,2011 My Commission Expires: STATF OF UTAH State of WYOMING County of LINCOLN This Instrument was acknowledged before me on August, 3, 2009 By Ryan Herd Vice President of Sierra Homes Construction Wy Inc. '.'P~1'~k.'R~tA`kfx .y M '9h 4ny NS^T1.vh... •s.,!q -~*a~pn~ ' Ji!_L 1-1. l.-\k3SC N rAl i'''.. Lil_1C oot,,,ly „f 1 , ate c; (Si ture of Notarial Officer) 'l 9 s Lincoln i Wyoming My Commission Expires: 6-20-2011 My Ccmrnis..io., ;a I,!ne 20 20111 ~w~R:+4~ee~~.:d*..r:~+..r,T,e;-e,.:.,,~}.."w<n"~sR_,~*aauA fi>v,.:4r-•-~'w.-.au•,.r3..~t+