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HomeMy WebLinkAbout953884MORTGAGE DEED WITH RELEASE OF HOMESTEAD 000644 KIM J. CLARK and JILL M. CLARK, husband and wife, of P.O. Box 244, Cokeville, WY 83114 to secure the payment of Forty Three Thousand Dollars and 00 /100 ($43,000.00), with interest from June 1, 2010, at the rate of Four Percent (4 per annum, payable yearly in accordance with the terms of a certain Promissory Note of even date herewith, evidencing said indebtedness, do hereby mortgage to Richard D. Petersen and Joanna M. Petersen, husband and wife, Robert N. Petersen and Carol D. Petersen, husband and wife, and Raymond T. Petersen and Gwen H. Petersen, husband and wife, of P.O. Box 294, Cokeville, WY 83114 the following described real estate, situated in the County of Lincoln, in the State of Wyoming, to -wit: That property as more fully described on Exhibit "A" a copy of which is attached hereto and by this reference made a part hereof. TOGETHER WITH all improvements, appurtenances, hereditaments and all other things thereunto belonging or in anywise appertaining SUBJECT, HOWEVER, to all easements, rights -of -ways, reservations, restrictions, conditions of record, and existing or future oil and gas and/or other mineral leases, or existing mining, mineral and other reservations, now of record, or otherwise affecting said lands. The Mortgagor agrees to pay the indebtedness hereby secured, and to pay all taxes and assessments on said premises and to keep the buildings thereon insured in a sum not less than the unpaid balance due hereunder during the life of this Mortgage, ;in favor of and payable to the Mortgagee, and in case the Mortgagor shall fail to pay such taxes and assessments and to keep the premises insured, as aforesaid, the Mortgagee may insure said buildings and pay said taxes and assessments, and all sums so paid shall be added to and considered as a part of the above indebtedness hereby secured, and shall draw interest at the same rate. In case default shall be made in the payment of the above sum 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 hereof, then the whole indebtedness hereby secured with the interest thereon shall become due and payable, and the Mortgagee, their legal representatives or assigns may proceed to foreclose this Mortgage by advertisement and sale of the above described premises, at public vendue, for cash, according to Wyoming Statutes governing mortgage foreclosures, and out of the proceeds of such sale he shall pay all sums due hereunder, together with all costs of sale and foreclosure, including reasonable attorneys' fees. HEREBY relinquishing and waiving all rights under and by virtue of the homestead exemption laws of said state. RECEIVED 6/10/2010 at 9:16 AM RECEIVING 953884 BOOK: 748 PAGE: 644 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000645 IN WITNESS WHEREOF, the Mortgagors have caused these presents to be signed this y day of June, 2010. STATE OF WYOMING )ss. COUNTY OF LINCOLN WITNESS my hand and official seal. JOSELYN M. HARMON Notary Public Lincoln County Wyoming My Commission Expires c15 Kim J. Clark The foregoing instrument was acknowledged before me by Kim J Clark and Jill M. Clark, this g' day of June, 2010. 4,4" Y`a'p :k, 000646 A parcel of land situate within- Tracts 67 and 77 of the resurvey of Township 23 North, Range 119 West of the Sixth Principal Meridian, lying west of the western boundary of the right -of -way for the Union Pacific Railroad Company and east of the centerline, or thread., of the Bear River, described in particular as follows; BEGINNING at point on the southern boundary of said Tract 67 from whence Corner No. 3 of said Tract bears West, 6.76 chains; THENCE meandering along the thread of Bear River North 3 °49' East, 7,96 chains; THENCE North 18 °24' East 11,75 chains; THENCE NORTH 16 °22' West, 4.74 chains; THENCE North 83 °51' West, 9.34 chains; THENCE NORTH 11°46' East, 11.99 Chains; THENCE North 17 °53' West, 14.53 chains; THENCE North 27 °27' `West, 15.18 chains, to a point on the thread of Bear River and a common point on the holdings of Weldon Dimond in said Tract 77; THENCE South 74 °28' East, 24.67 chains to the Westerly right of way boundary of said Union Pacific Railroad; THENCE ALONG said Westerly right -of -way boundary, South 3 °2' West, 39,78 chains to the point of contact of a circular curve bearing right; THENCE South 4 °33 West, 4.58 chains along the long chord of said curve, South 6 °5' West, 12,85 chains to the intersection of said Westerly right -of -way boundary and the South boundary of said Tract 67; THENCE West, 4.54 chains to the place of beginning, Containing 62 -50 acres, more or less as varies by the survey thereof; TOGETHER with ail improvements situate thereon; all easements and appurtenances thereunto belonging; all mineral rights thereunto belonging; ail water and water rights thereunto belonging; and all shares or rights in the Mau Canal and the Smith's Fork Irrigation District thereunto belonging; and