HomeMy WebLinkAbout953237Timothy D. Heggenstaller and Jennifer M. Heggenstaller, Husband and Wife, of PO
Box 151 Afton, WY 83110, (herein collectively called `MORTGAGOR to secure the
payment of $386,000.00, with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is May 1,
2025) and all renewals, modification and extensions thereof, do hereby mortgage unto
Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson
Family Trust dated April 10, 1997 of PO Box 677 Afton, WY 83110 (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:
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.
3T
MORTGAGE
That part of the Northwest Quarter of Section 31, Township 32 North, Range 118 West
and that part of the Northeast Quarter Section 36, Township 32 North, Range 119 West
within the Incorporated Limits of the Town of Afton, Lincoln County, Wyoming, it
being the intent to more correctly describe that tract of record in the Office of the Clerk
of Lincoln County in Book 467 of Photostatic Records on page 856, including part of
that tract in Civil No. 9915, as follows:
BEGINNING at a point on the West line of said Northwest Quarter, North 378.45 feet
from the Southwest corner of said Northwest Quarter;
thence South 89 °54'34" East, 220.00 feet, to a point;
thence North, 167.94 feet, to a point on the southerly right -of -way line of Hospital Lane;
thence North 89 °55'24" West, 266.28 feet, along said southerly right -of -way line to a
point on the easterly right -of -way line of U.S. Highway 89;
thence South 00 °48'59" East, 167.90 feet, along said easterly right -of -way line, to a
pipe;
thence South 89 °54'34" East, 43.88 feet, to the POINT OF BEGINNING.
RECEIVED 5/4/2010 at 12:08 PM
RECEIVING 953237
BOOK: 746 PAGE: 624
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000624
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.
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Witness our hands his 30 da of ,2010,
State of Wyoming
County of Lincoln
eggensta er
This Instrument was acknowledged before me on 3 0 day of a fv
2010 by Timothy D. Heggenstaller and Jennifer M. Heggenstaller..
(Signature of Notarial Officer
My Commission Expires:
—/S /1
ts
NOTARY PUBLIC
State of
Wyoming
September 15, 2011
000625