HomeMy WebLinkAbout950460MORTGAGE DEED
Kevin Mackaben and Debra Mackaben, husband and wife, mortgagor, of Summit County, State of Utah, to
secure the payment of
SIXTY -FIVE THOUSAND AND NO /100 DOLLARS, due December 1, 2019 with interest thereon at the
rate of EIGHT 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, dated November 5, 2009, hereby
mortgage and warrant to mortgagee, Lincoln -Uinta Revolving Loan Fund of Lincoln County, State of
Wyoming the following described real estate, situated in the County of Lincoln, in the State of Wyoming, to-
wit:
Parcel 1
A tract of land lying in an unplotted portion of the Town of Kemmerer, Lincoln County, Wyoming more
particularly described as follows:
Commencing at corner 1 of Lot 63 of the Resurvey of the Township 21 North, Range 116 West of the 6th
Principal Meridian, thence bearing S70 °34'W, 582.8 feet to the intersection of the easterly Right -of -Way of the
Oregon Short Line Railroad, North Kemmerer Branch, and the westerly boundary of Wyoming State Highway
189 Right -of -Way, thence S05 °09'W, 713.52 feet along said westerly Right -of -Way of Wyoming State Highway
189 to the true Point of Beginning, being the Northeast corner of said tract from whence a Highway Right -of-
Way marker lies N05 °09'E, 227.29 feet, Thence N84 °51'W, 175 feet to the Northwest corner of said tract,
Thence S05 °09'W, 95 feet to the Southwest corner of said tract, Thence S84 °51'E, 175 feet to a point on said
westerly boundary of Wyoming Highway 189 Right -of -Way, Thence N05 °09'E, 95 feet along said Right -of -Way
to the true Point of Beginning
Parcel 2
A tract of land lying in Lot 63 of the Resurvey of T21 N R116W of the 6th P.M., Lincoln County, Wyoming more
particularly described as follows:
Commencing at corner 1 of said Lot 63 of the Resurvey of T21N R116W of the 6th P.M.; thence S70 °34'W,
582.8 feet to a point being the intersection of the easterly boundary of the Oregon Short Line Railroad right -of-
way and the westerly boundary of the Wyoming State Highway 189 right -of -way; thence S05 °09'W, 593.02 feet
along said boundary of Wyoming State Highway 189 right -of -way to the TRUE POINT OF BEGINNING; thence
N84 °51'W, 244.02 feet to a point on said easterly boundary of the Oregon Short Line Railroad right -of -way;
thence S27 °31'W, 324.77 feet along said Railroad right -of -way to the Southwest corner of said tract; thence
S84 °51'E, 368.04 feet to said State Highway right -of -way; thence N05 °09'E, 84.5 feet along said Highway right
of -way; thence N84 °51'W, 175 feet; thence N05 °09'E, 95 feet; thence S84 °51'E, 175 feet to said Highway right
of -way; thence N05 °09'E, 120.5 feet along said Highway right -of -way to the true point of beginning
Parcel 3-
Lot 8 Block 3 of Amended Plat of the Town of Opal, Lincoln County, Wyoming as described on the official plat
thereof.
RECEIVED 11/9/2009 at 4:52 PM
RECEIVING 950460
BOOK: 735 PAGE: 480
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
C:0 480
Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of
Wyoming.
Witness my hand this t ay of November, 2009.
x.0481.
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 deemed 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 same 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
indebtedness and shall draw interest at the same rate.
If default occurs in the payment of the indebtedness or in the payment of any 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 may foreclose this mortgage either by
advertisement and sale of he premises as provided by statute, or by action in equity. Out of the proceeds of
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.
State of Wfa h
County of cSllh2Mlf
v x
Kevin Mackaben Debra Mackaben
The foregoing instrument was acknowledged before me by Kevin Mackaben and Debra Mackaben this
day of November, 2009.
Witness my hand and official seal.
My commissio M f bao la
4 4c!., TAMARA L THOMPSON t
4, Notary Public
1 u State of Utah
Mrca�
a�� apNr' Fob 2S, 2012
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