HomeMy WebLinkAbout950701MORTGAGE
RECEIVED 11/23/2009 at 11:47 AM
RECEIVING 950701
BOOK: 736 PAGE: 552
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Bruce M. Davis and Betty B. Davis, of P.O. BOX 946, Afton, Wyoming 83110, (herein
collectively called "MORTGAGOR to secure the payment of $103,500.00, with interest
hereon, as provided in and evidenced by a promissory note of even date herewith and all
renewals, modification and extensions thereof, do hereby mortgage unto Dee W. Call, of
88500 US Highway 89, Afton, Wyoming 83110, (herein called "MORTGAGEE the
following described real property, situate in the county of Lincoln, State of Wyoming,
hereby releasing and waiving all rights under and by virtue of the homestead exemption laws
of the State of Wyoming, to -wit:
Unit 1 of the Mountain Heights Condominiums, filed with Lincoln County, State of
Wyoming on September 25, 2006, Map Number 132 -D, Instrument Number 922775,
known as: 55 Star Lane, Afton, WY 83110
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 MORTAGEGEE 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 herby 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 J2 day of JVvt9i 2009.
(Bruce M. Davis
State of Wyoming
County of Lincoln
)ss
The foregoin instrument was acknowledged before me by Bruce M Davis and Betty B.
Davis this t 2 day of pvt1 er 2009.
Witness my hand and official seal.
AMBER M B TSON NOTARY PUBLIC
County Of "`;'rU State Of
Lincoln °;>V' Wyoming
My Commission Expires May 15, 2013
My commission expires:
r
2
(Betty B. Davis)
00u553