HomeMy WebLinkAbout954732When recorded mail to:
CMH Homes, Inc.
5000 Clayton Rd
Maryville, TN 37804
Parcel 1
Parcel 1A
Parcel 1B
REAL ESTATE MORTGAGE
RECEIVED 8/6/2010 at 3:03 PM
RECEIVING 954732
BOOK: 751 PAGE: 639
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
639
FOR VALUE RECEIVED, Klint Clark and Sheralee Clark, Husband and Wife the "Mortgagors do
hereby grant, bargain, sell and convey unto CMH Homes, Inc., collectively the "Mortgagees the following
described premises, in Lincoln County, WY:
A portion of the Clark property, as referred to in the Deed recorded with Document 879857, in Book 485PR,
on Page 830, with the Office of the Clerk of Lincoln County, Wyoming, within the SE 1/4 SE1 /4 of section 10,
T35N R119W of the 6th P.M., Lincoln County, Wyoming, the Boundary and Encumbrances being more
particularly described as follows;
Beginning at a Point in a North line, of the NE1 /4 of section 15, of said T35N, R119W,
said Point of beginning being 361.58 feet N 89° 00' 39 "W, along said North line, from the Marlowe A. Scherbel
PLS 5368, 1992 location for the Northeast Corner of said NE 1/4 of said section 15;
thence N 89° 00' 39 "W, continuing along said North line, 162.11 feet to a Point
said point being 705.12 feet S89 °00'39 "E from the Marlowe A. Scherbel PLS 5368, 2001 location for the
Northwest corner of the E1/2 NE 1 /4 of said Section 15;
thence N2 °25'05 "E, parallel with an Existing North -South Fence line to the Ease, 269.80 feet;
thence S 89 °00'39 "E, parallel with said North line, 162.11 feet to a point in said North South Fence line,
thence S2 °25'05 "W, along said North -South Fence line, and the Southerly prolongation thereof, 269.80 feet, to
the point of beginning.
Exception therefrom: That portion of land lying within the bounds of the of the above described property, as
referred to in the Deed recorded with Document No. 691449, in Book 264PR, on Page 322, with said Office.
Together with and Subject to: The Easement reserved in the Deed recorded with Document No. 691449, in
Book 264PR, on page 322, with said Office
Granting and Reserving; a 60.00 feet Wide Right -of -Way Easement, for Ingress, Egress, and Utilities, from
U.S. Highway 89, the South line being more particularly described as follows;
Beginning at the Marlowe A. Scherbel PLS 5368, 1992 location for the Northeast Corner of said NE1 /4 of
Section 15;
thence N 89° 00' 39 "w, along the North line of said NE1 /4, 523.69 feet to the Southwest corner of the above
described property.
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Mortgagees, their heirs
and assigns forever.
s: 0
This conveyance is intended as a mortgage to secure the Promissory Note dated August 5, 2010, in the amount
of $187,417.50, plus interest payable to the Mortgagee, with final payment due 120 days for the date on the
Promissory Note, and providing for acceleration of the due date of the principal for default in the payment of
interest or any installment of principal, and providing for a reasonable attorney's fee in case of suit of action.
The Mortgagors covenant and agree with the Mortgagees as follows: That they are the owners in fee simple of
the above described premises and that they are free from all encumbrances except as provided on the
conveyance deed to them, and except this Mortgage.
That they will pay the indebtedness hereby secured promptly, according to the terms of said Promissory Note.
That they will pay all taxes, liens and assessments of any nature hereafter levied or imposed, or becoming
payable, upon said premises not later than the twentieth day before delinquency.
If the Mortgagors shall fail to pay any such tax or lien, the Mortgagees may pay the same, and all payments by
the Mortgagees for any such purpose shall be added to the indebtedness hereby secured, and shall be repayable
on demand, with interest at the rate of eighteen percent (18 per annum until paid.
For the purpose of further securing said indebtedness and performance of the covenants herein contained, the
Mortgagors hereby sell and assign to the Mortgagees any and all rentals accruing, or to accrue on said premises,
during the life of this Mortgage.
If the said Mortgagors shall pay or cause to be paid all moneys which may become due upon said Promissory
Note and shall otherwise comply with the terms and conditions hereof, this conveyance shall be void; but in
case default shall be made in the payment of the indebtedness hereby herein contained, then the Mortgagees or
their assigns, at their option may declare the entire indebtedness hereby secured immediately due and payable,
and foreclose this Mortgage and cause said mortgaged premises to be sold in the manner provided by law, and
out of the moneys arising from such sale retain principal and interest together with any sums advanced as
provided herein, with interest as aforesaid, together with the costs and charges of such foreclosure suit and sale,
including such sums as the court may adjudge reasonable as an attorney's fee to be allowed the plaintiff, and the
overplus, if any there be, pay over to the Mortgagors, their heirs and assigns.
Dated this August 5,2010.
State of WY
County of Lincoln :ss
Notary Public
Residin,�_�
Expires: L
Klint Clark
_Alk.444e_ egink
Sheralee Clark
On August 5,2010, personally appeared before me Klint Clark and Sheralee Clark, signers of the within
instrument, who duly acknowledged to me that they executed the same.
Dyanna Raker
County of
Lincoln
My Commission giros June 29, 2011
N Rubik;
State of
WYOmIng