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HomeMy WebLinkAbout952391MORTGAGE ,00287 MJJ, LLC a Wyoming Limited Liability Company (herein called "MORTGAGOR to secure the payment of Seven Hundred Thirty Five Thousand Six Hundred Seventy Five and 86 /Dollars ($735,675.86), as provided in and evidenced by promissory notes executed by Mortgagor and made payable to Mortgagee dated 10/19/06, 1/16/07, 2/2/07, 2/20/07, 3/19/07, 3/22/07, 4/13/07, 5/16/07, 7/31/07, 1/8/08, 7/18/08 and 5/28/09 (the ultimate maturity dates of which are seven calendar days after a demand is made thereunder) and all renewals, modifications and extensions thereof, does hereby mortgage unto Savit Associates, LLC (herein called "MORTGAGEE the following described real property, situated 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: Lots 7A and 7B, Block 5 of the Lincoln Heights Fifth Addition, Third Filing, Lincoln County, Wyoming as described on the official plat filed on August 16, 1985 as Instrument No. 641092 of the records of the Lincoln County Clerk. Lots 3A and 3B of Block 2 of the Lincoln Heights 5 Addition, Second Filing, to the City of Kemmerer, Lincoln County, Wyoming as described on the official plat filed on May 2, 1985 as Instrument No. 634485 of the records of the Lincoln County Clerk. Lots 7A and 7B of Block 1 of the Lincoln Heights 5th Addition, First Filing to the City of Kemmerer, Lincoln County, Wyoming as described on the official plat filed on September 7, 1983 as Instrument No. 603378 of the records of the Lincoln County Clerk. TOGETHER with all and singular the improvements and appurtenances thereon or thereunto appertaining (the "Property"). MORTGAGOR agrees to pay the indebtedness hereby secured, plus interest, and any other costs or fees provided for in the notes referred to herein; to pay all taxes, assessments and charges levied against the Property, as the same become due and payable. In the event MORTGAGOR fails to pay such taxes or assessments, MORTGAGEE may pay such taxes and assessments, 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 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 MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with interest thereon, shall become due and payable, RECEIVED 3/4/2010 at 10:54 AM RECEIVING 952391 BOOK: 743 PAGE: 287 JEANNE WAGNER rnICnt N c:OUNTY CLERK, KE WY at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale and /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 MORTGAGOR only. THE PROPERTY IS NOT AGRICULTURAL PROPERTY AS DEFINED IN WYO. STAT. 1 -18 -103. WITNESS my hand this 317A day of March, 2010. STATE OF WYOMING COUNTY OF L The foregoing instrument was acknowledged before me by �1/1n 04'14 1 T (i/t t o n this day of March, 2010. Witness my hand and official seal. ISA M. PADDLEFORD NOTARY PUBLIC County of :.a State of Teton Wyomi,g My Commission Expires September 1Z u ss My Commission Expires: et- (7- MJJ, LLC By: in Name: Title: IONIC( Address of MORTGAGOR: P.O. Box 610 Jackson, Wyoming 83001 Notary Public Mortgage Lincoln Heights, Kemmerer, Lincoln County, WY MJJ, LLC and Savit Associates, LLC Page 2 of 2 tits4 M. Paicuibv4 00u288