HomeMy WebLinkAbout949238RECORDING REQUESTED BY
AND MAIL TO:
Gonzales & Gonzales
Bonds and Insurance Agency, Inc.
412 E. Commercial Street
Los Angeles, California 90012
RECEIVED 9/3/2009 at 9:5$ AM
RECEIVING # 949238
BOOK: 731 PAGE: 93
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
*i00093
Space Above This Line for Recorder's Use Only
MORTGAGE DEED
THIS MORTGAGE, made this 21 day of July 20 09 Between
~ ' C iRl? ~ 0. • ~lAv~ i,~n Cdcrjv~ fee.1 -~=~~-~e rare, (~.~"h2ti Q~.., V " U~~U
614Ao. E 6adJn ~ftilln(Z olrldrf(A Ake Cx~ CsL,r' & E-&- (>litG+(I. b
(MORTGAGOR),
to AMERICAN SURETY COMPANY, an Indiana Corporation and GONZALES & GONZALES BONDS AND
INSURANCE AGENCY, INC., a CALIFORNIA Corporation (Mortgagees) c/o Gonzales & Gonzales Bonds and
Insurance Agency, Inc., 412 E. Commercial Street, Los Angeles, California 90012.
WITNESSETH: That Mortgagor hereby irrevocably Mortgages, grants, conveys and encumbers that certain
real property, which does not exceed forty (40) acres in area (or the Property is located in an incorporated city or vil-
lage), situated in the County of Lincoln , State of Wyoming , together with
mortgage covenants, the land, with the building situated thereon, all improvements and fixtures now hereafter a part
thereof, particularly described as follows:
I` tit 51'
Lots 2 and 3, QUadros.EiAddition to the Town of Cokeville, County of Lincoln, State of Wyoming.
`6 3►14
Said property is commonly known as: ZU S Gam" S Lvtb" itke 1 W'/
APN: 12- 2`I I°1~~8-'2-oi~ oUG,.vU
This mortgage shall serve as collateral for payment to the Mortgagees, of any and all monies, losses,
premiums, interest, damages, or liabilities suffered, sustained, made or incurred by Mortgagees pursuant to the terms
of the certain Bond Agreement and Promissory Note executed by Mortgagor, the terms of which are incorporated
herein by reference as though fully set forth herein, which Bond Agreement was executed, on account of growing out
of, or resulting from the Mortgagees' issuance of a certain Immigration Bond in favor of the Department of Homeland
Security of the United States of America on behalf of DESIRENA-Estudillo, Victor and is
identified as "A" number and/or bond number A 89-822-985 , in the amount of $ 10,000.00
AND FOR WHICH AMOUNTS in said Bond Agreement and Promissory Note, including security of this Mortgage and
its provisions (1) through (14), on the "Provisions" section of this instrument that Mortgagor(s) agree to abide and
protect.
Form No. 1 Mortgage-General (7-1-05) page 1 of 4 pages
w~+u+094
It is agreed and conditioned that a statement signed by the Mortgagees at any time hereafter setting forth that the
bond has been breached or that a loss, damage, expenditure, including premiums, advances of superior Mortgages,
judgments, taxes, liens, including fire insurance premiums, etc., or liability has been sustained by the Mortgagees on
account of the aforesaid Bond; the date and amount(s) of such loss, damages, expenditures, and/or liability; that
payment has been demanded of the Mortgagor(s) and that such loss, damages, expenditures or determined liability
has not been paid to the Mortgagees shall be conclusive and binding on Mortgagor(s), and shall be the warrant of the
Mortgagees to proceed forthwith to foreclose and sell the security herein, and from the proceeds of sale, collect the
X
n SIGNATURES OF MORTGAGOR(S)
Si nature/Fir
Print N me
X ✓ 1i`
Signature/Fir
fi)? Aiff Nl A~.' )?D DO
Print Name
X
Signature/Firma
Print Name
X_
Signature/Firma
Print Name
IL r WITNESSES / W r
X
Signature/Firma Signature/Firma
Print Name Print Name
IN WITNESS WHEREOF, the Mortgagor(s) has/have hereunto set his/her/its/their hands the day and year
first hereinabove written.
STATE OF~iK3 rn" iv
County of S_L'.Asa~`
On this ZZ, day oF'-KC.'_ \\.f 20 Q before me, a Notary Public for the
State oN" ' f
>Z , n personally appeared N v ra _c+a
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above
written.
Notary public
Notary public printed name: Col Zr e
Residing in:~ 6 c v, ; ~~E P HEN
My commission expires. •O A'''•
C40 AAy Com.Ww
Form No. 1 Mortgage-General (7-1-05) page 2 of 4 pages
00OW95
PROVISIONS SECTIONS (PLEASE RECORD)
THE PROVISION (1) THROUGH (14) ARE TO BE RECORDED ALONG WITH PREVIOUS PAGES ENTITLED MORTGAGE DEED
The Mortgagor covenants with the Mortgagee as follows:
1. That the Mortgagor will pay the indebtedness as hereinbefore provided; pay all taxes, assessments, interest and
penalties; discharge all encumbrances which appear to be superior hereto; to pay all costs, fees and expenses
of this, including cost of search and evidence of title, advertising and recording expense, documentary
taxes and attorney's fees as allowed by law. In default thereof, the Mortgagee may pay the same and seek
reimbursement as provided herein.
2. That the Mortgagor warrants the title to the premises.
3. That the Mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the
Mortgagee; that he will assign and deliver the policies to the Mortgagee; and that he will reimburse the
Mortgagee for any premiums paid for insurance made by the Mortgagee on the Mortgagor's default in so
insuring the buildings or in so assigning and delivering the policies. Mortgagor authorizes the insurer to make
payment of a loss directly to Mortgagee instead of to Mortgagor and Mortgagee jointly, and Mortgagee may
apply the proceeds to the outstanding indebtedness or to the restoration of the property, at their sole option.
4. To keep said property in good condition and repair and that no building on the premises shall be removed or
demolished without the consent of the Mortgagee; not to commit or permit waste thereof; not commit, permit
or suffer any act upon said property in violation of law; and to pay when due all claims for labor performed and
materials furnished therefore.
5. Mortgagor hereby assigns to Mortgagee during the continuance hereof, the rents, issues, royalties, and profits
of the property and of any personal property located thereon. If Mortgagor shall default in payment of debt
secured hereby, Mortgagee shall have the right, with or without taking possession of the property to collect all
rents, royalties, issues and profits. The exercise of this right by Mortgagee to collect shall not be construed as
an affirmation of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien
or charge of this Mortgage to any such tenancy, lease or option.
6. Upon full repayment of the debt and upon cancellation of this Mortgage, Mortgagees shall reconvey to
Mortgagor, without warranty, the property held hereunder. Mortgagor hereby acknowledges that one of the
Mortgagees may execute the satisfaction and/or release of this mortgage and re-conveyance without the
consent of the other and that said satisfaction and/or release shall bind each and every Mortgagee hereunder.
7. Upon Mortgagor's default, Mortgagee may at any time without notice, either in person, by agent or by receiver,
and without regard to the adequacy of any security for the debt hereby secured, enter upon and take
possession of the property, in its own name sue for or otherwise collect said rents, issues and profits, including
those past due and unpaid, and apply the same, less cost and expenses of operation and collection, including
reasonably attorney's fees in such order as Mortgagee's may determine. The entering upon and taking
possession of said property, the collection of rents, issues and profits, or the proceeds of insurance shall
not cure or waive any default or notice of default hereunder.
8. Time is of the essence. Upon default by Mortgagor in the payment of any indebtedness secured here by or in
the performance of any agreement hereunder, all sums secured hereby shall immediately become due and
payable at the option of the Mortgagee. In the event of such default, Mortgagees may execute a written notice
of default and of election to cause such property to be sold to satisfy the obligations hereof, and Mortgagees
shall file such notice for record, in each county wherein such property or some part thereof is situated.
Mortgagee shall further have the option of foreclosing this Mortgage in the manner provided by law for the
foreclosure of mortgages on real property and Mortgagees shall be entitled to recover in such proceedings all
costs and expenses incident thereto, including reasonable attorney's fee in such amount as shall be fixed by
the Court.
Form No. 1 Mortgage-General (7-1-05) page 3 of 4 pages
PROVISIONS SECTION (PLEASE RECORD) (continued) 400096
9. In the event Mortgagor fails to pay any of said notes or monies due hereunder promptly at maturity or any
interest thereon, or fails to pay any of the taxes due on said property before the same becomes delinquent, or
fails to keep the Property fully insured for the benefit of Mortgagee, or destroys, damages or impairs the
Property, or allows the Property to deteriorate or decrease in value due to its condition, or fails to pay any other
lawful charges against said property, then the entire debt secured by this deed shall become due and payable
at once, at the option of the holder, time being of the essence, and without further demand may invoke the power
of sale granted by Mortgagor and any other remedies permitted by applicable law. Mortgagor appoints
Mortgagee the agent and attorney-in-fact for Mortgagor to exercise the power of sale. If Mortgagee invokes the
power of sale, Mortgagee shall give a copy of a notice of sale by public advertisement for the time and in the
manner prescribed by applicable law. Mortgagee, without further demand on Mortgagor, shall sell the Property
at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale
in one or more parcels and in any order Mortgagee determines. Mortgagee or its designee may purchase the
Property at any sale. Mortgagee shall convey to the purchaser indefeasible title to the Property, and Mortgagor
hereby appoints Mortgagee Mortgagor's agent and attorney-in-face to make such conveyance. The recitals in
the Mortgagee's deed shall be prima facie evidence of the truth of the statements made therein. Mortgagor
covenants and agrees that Mortgagee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this
Security Instrument; and (c) any excess to the person or persons legally entitled to it. The power and agency
granted are coupled with an interest, are irrevocable by death or otherwise and are cumulative to the remedies
for collection of debt as provided by applicable law. If the Property is sold hereunder, Mortgagor, or any person
holding possession of the Property through Mortgagor, shall immediately surrender possession of the Property
to the purchaser at the sale. If possession is not surrendered, Mortgagor or such person shall be a tenant
holding over and may be dispossessed in accordance with applicable law.
10. Except as may be otherwise provided herein, Mortgagor agrees to pay to Mortgagees the costs and expenses,
including a reasonable attorney's fee, incurred by either of them in instituting, prosecuting or defending any
Court action in which Mortgagor does not prevail, if such action involves the interpretation hereof by a party
hereto, including but not limited to an action to obtain possession of the above described property after
exercise of the power of sale granted hereunder.
11. This Mortgage shall apply to, inure to the benefit of and bind all parties hereto, their heirs, legatees, devisee,
administrator, executors, successors and assignees. All obligations of Mortgagor hereunder are joint and
several. In this Mortgage, whenever the context so requires, the masculine gender includes the feminine and/or
neuter, and the singular number includes the plural.
12. The terms and conditions of the Administrative Immigration Bond, Promissory Note and Bond Agreement are
incorporated herein as if fully set forth in this document. Any one Mortgagee alone may release this Mortgage
Deed.
13. If any payments provided for in the Agreements or this mortgage are not promptly paid by the Mortgagor, if
the buildings are not kept insured as provided, or if the Mortgagor defaults in any of the other covenants,
stipulations or agreements, the Mortgage, without waiving or affecting the option to foreclose, may pay any and
all such payments or obligations, may insure the buildings, or may otherwise perform any of the covenants or
agreements on behalf of the Mortgagor, and any and all such sums or expenses paid or incurred, with interest
thereon from the date of payment at the rate of twelve percent (12%) per annum, shall also be secured by this
mortgage.
14. Without affecting the liability of any person for the repayment of the debt secured hereby, or the lien of this
Mortgage, the Mortgagee may from time to time and without notice (a) release any person liable for payment
of any of the debt; (b) extend the time or otherwise alter the terms of payment of any of the debt, (c) alter,
substitute or release any property securing the debt; and (d) reconvey; without warranty, all or any part of the
property.
Form No. 1 Mortgage-General (7-1-05) page 4 of 4 pages