HomeMy WebLinkAbout9540466010817449
MORTGAGE
a0 C
339
Villa Apartments, LLC, a Wyoming Limited Liability Company, of 680 Highland
Hills Road Nipoma, CA 93444, (herein collectively called `MORTGAGOR to secure
the payment of $200,000.00, 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,
2014) and all renewals, modification and extensions thereof, do hereby mortgage unto
Rob Lee; and Robert A. Lee and Jane Winslow, Trustees of the Robert A. Lee and Jane
Winslow 2000 Family Trust, u /t /a dated September 11, 2000, of 1440 Montgomery St.
Unit 22, San Franciso, CA 94133 (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:
Beginning at the Southeast Corner of Lot 1 of Block 28 of the Town of Afton, Lincoln
County, Wyoming and running thence West 20 rods;
Thence North 9 rods;
Thence East 2 rods; RECEIVED 6/21/2010 at 3:05 PM
Thence North 3 rods; RECEIVING 954046
Thence East 8 rods; BOOK: 749 PAGE: 339
Thence South 2 rods; JEANNE WAGNER
Thence East 10 rods; LINCOLN COUNTY CLERK, KEMMERER, WY
Thence South 10 rods to the point of beginning.
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.
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.
Member And
Witness our hands this
Villa Apar
By Kevin
State of
County of
State of
County of
ager
ay of April, 2009,
united
si lGt.'S (7,ks,0
Darrell Bussard, Member And Manager
This Instrument was acknowledged before me on day of May, 2010
By Kevin Lee, Member and Manager, of Villa Apartments, LLC
(Signature of Notarial Officer)
My Commission Expires:
This Instrument was acknowledged before me on day of February, 2010
By Darrell Bussard, Member and Manager, .of Villa Apartments, LLC.
(Signature of Notarial Officer)
My Commission Expires:
O
File No:
STATE OF California )SS APN No:
COUNTY OF Sah Wls}tc„P o c^
On S I CI t b before me, San C� J• SatZei
L-ee, Ctr l Iba-rY €11 431A SSA(
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Though statute does not require the Notary to 011 in the data below, doing so may prove invaluable to persons relying on the
documents.
[i l INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) 1 I LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
Name of Person or Entity
TITLE OR TYPE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
GENERAL
m O a
NUMBER OF PAGES '2 DATE OF DOCUMENT SIS1 Ic">
30C'341.
Notary Public, personally appeared
SANDRA S. SOUZA
COMM. //1659607 y,
NOTARY PUBLIC CALIFORNIA
tst1 LUIS OBISPO COUNTY rn
r;nrnm Expires MAY 17, 2010]
This area for official notarial seal.
Reproduced by First American Title Company 11/2007