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HomeMy WebLinkAbout9548366011019305 Dean Watterson, of PO Box 148 Kemmerer, WY 83101, (herein collectively called `MORTGAGOR to secure the payment of $90,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is August 5, 2020) and all renewals, modification and extensions thereof, do hereby mortgage unto Cecil L. Kole, Trustee of the C.L. Kole 1998 Revocable Trust of 22515 Hwy 39 Stark, KS 66775 (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. 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. Witness our hands this 7 day of Dean Watterson MORTGAGE See Exhibit A ,2010, C00741 RECEIVED 8/10/2010 at 2:47 PM RECEIVING 954836 BOOK: 751 PAGE: 741 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY State of Wyoming County of Lincoln This Instrument was acknowledged before me on cf day of l/u 2010 By Dean Watterson. LORI KALAN NOTARY PUf?:`... C OUNTY OF i i;. siHrE or \h WYOMING LI r.A,u My Commission Expires Feb I,.6 ,n,, (Signature of Notarial Officer) My Commis on E Aires eitU.0742 Exhibit A File 6011019305CG Description c, OCi 743 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: Southwest Quarter Southeast Quarter of Section 15, Township 71 North Range 117 W est of thc 6 t�� P.M., Lincoln County, Wyoming. A EXCEPTING TEEREFRQM a portion of the Southwest Quarter South Qu of Section 15, 21 North, Range 117 West of the 6 PM, Lincoln County, Wyoming, more particularly described as follows: Commencing at the Southeasterly corner of said Southwest Quarter Southeast Quarter of said Section 15; thence South 89 °461 West along the S oun da ry of said n along the South .,u�...� °ujluai boundary of �atu erection 15, 173.93 feet to the Point of Beginning of this description; thence continuing along the South boundary of said Section 15, South 89 °46'13" West, 1143.94 feet to the Southwest corner of the Southwest Quarter Southeast Quarter of said Section 15; thence North 00 °02'10" West along the West boundary of said Southwest Quarter Southeast Quarter of Section 15, 1250.86 feet to the centerline of an access road; thence South 42 °34'11" East along the centerline of said access road, 1692.26 feet, more or less to the point of Beginning of this description.