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HomeMy WebLinkAbout872870M ,.moo c;G RECi'lVED L INCOUN COUNTY CLERK 872878 01 A P q2 i A151 8: 17 iCEMMERB, WYOMING MORTGAGE BOOK- 0 pR PAGE 4 THIS MORTGAGE executed this 8th day of October, 1999, by Marcos Antonio Rodriguez, (hereinafter called "Mortgagor"), and in favor Integrated Financial Enterprises. Incorporated, (hereinafter called "Mortgagee"). ("MORTGAGOR" and "MORTGAGEE", as used herein, shall include their heirs, personal representatives, successors and assigns and shall refer to the singular or plural, masculine or feminine, as the context may admit or require). WITNESSETH: To partly secure payment of the obligations evidenced by a Promissory Note from Mortgagor to Mortgagee of even date herewith, in the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50.000.00) bearing interest and due on October, 2029, (the "Note"), which term shall include any renewals, modifications or extensions thereof, Mortgagor does hereby mortgage, grant and convey to Mortgagee the following described pieces of parcels of property located in Lincoln County, all in the State of Wyoming: Lot 35 Star Valley Ranch Plat 2 as recorded in the official record of Lincoln County, Wyoming. T35-R119-S24 .98 Acre Thayne, Wyoming 83127 TOGETHER WITH all right, title and interest of the Mortgagor in and to any and all buildings, improvements and appurtenances now standing or at any time hereafter constructed or placed on the aforedescribed real property, or any part or parts thereof, including without limitations, all partitions, screens, awnings, window shades, dynamos, motors, engines, elevators, call systems, fire apparatus, plumbing, ventilating, gas and electric light fixtures, machinery, appliances, apparatus, fittings and fixtures of every kind in any building nor or hereafter erected on said property; and the rents, issues and profits thereof; TOGETHER WITH the personal property now or hereafter situated and located in or appurtenant to said building or buildings on said aforedescribed real property, and all other furnishings and equipment now or hereafter owned by Mortgagor, and/or used or employed, or to be used or employed, in connection with any business owned, conducted, operated or controlled by said Mortgagor on said premises or any part thereof; M IA1 \REALESTN 74501.1 09999/9999 TJP w 10/8/99 10:42 AM 08728I to 14C), TOGETHER WITH all and singular the easements, hereditaments, rights of way, appendages and appurtenances to said real property belonging or in anywise appertaining, and all the right, title and interest of the Mortgagor in and to any and all streets, ways, alleys, strips or gores of land adjoining said real property or any part thereof; TOGETHER WITH all and singular the reversion or reversions, remainder or remainders pertaining to said real property, and every part and parcel thereof; and also all the estate, right, title, interest, dower and right of dower, property, possession, claim and demand whatsoever, both at law and in equity of said Mortgagor, of, in and to the said real and personal property, and every part and parcel thereof, with appurtenances. (All of the foregoing shall hereinafter be collectively referred to as the "Mortgaged Property" or "Property".) AND ALSO THE MORTGAGOR as additional security to and for the better protection of the said Mortgagee, has and by these presents does hereby grant, bargain, sell, assign, transfer and set over unto the Mortgagee all and singular the rents, income, issues, profits and revenue, from whatever source derived, arising or flowing from the said real and personal property, or any building or structure now or hereafter placed on said Property, and any business now or hereafter conducted thereon or therewith, and with respect to tenants or concessionaires in said building or buildings, such rents, issues and profits are hereby specifically assigned and transferred to the said Mortgagee with the same force and effect as each and all of the persons who are now or may hereafter become tenants and concessionaires in said building or buildings were now known and herein expressly named; the Mortgagor consenting and agreeing that the pledge of said rents, income, issues, profits and revenue is necessary to protect the Mortgagee and to secure the indebtedness for which this Mortgage has been given, with full authority on the part of the Mortgagee to have the protection which this instrument hereinafter affords, so as to preserve the said rents, income, issues, profits and revenue in case of suit being filed to foreclose this Mortgage. TO HAVE AND TO HOLD all and singular the above described Property, and the rents, issues and profits thereof, unto the said Mortgagee, in fee simple and forever. AND THE SAID MORTGAGOR does covenant with the said Mortgagee, that said Mortgagor is indefeasibly seized of said land in fee simple, that the said Mortgagor has full power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful for said Mortgagee, at all times peaceably and quietly to enter upon, hold, occupy and enjoy said land; that said land is free and clear of all liens and encumbrances, that said Mortgagor will make such further assurance to perfect the fee simple title to said land in said Mortgagee, as may be reasonably required; and that said Mortgagor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if Mortgagor shall faithfully perform each and every obligation provided for in the Note and in any note or other evidence of indebtedness now or hereafter executed by Mortgagor in favor of Mortgagee and any renewals, modifications or extensions thereof, and if Mortgagor shall repay any and all obligations now due or to become due to Mortgagee, regardless of however or whenever created, and if Mortgagor shall fully and MIA 1 \REAL EST\174501.1 09999/9999 TJP vv 10/8/9910:42 AM completely perform all covenants, stipulations and agreements contained herein, then this Mortgagee and the estate hereby created shall cease and be null and void. In the event Mortgagor shall fail to make full and timely payments unto Mortgagee of all obligations due under the Note or any note or other evidence of indebtedness executed by Mortgagor with or to Mortgagee or any renewals, extensions or modifications thereof, beyond any applicable grace period, or if Mortgagor shall fail to fully and faithfully perform each and every covenant and provision of this Mortgage, and each and every obligation provided for in any note or other evidence of indebtedness and any renewals, modifications or extensions thereof, or if Mortgagor shall fail to pay any and all obligations now due or to become due to Mortgagee, regardless of however or whenever created, then the entire principal balance owing by Mortgagor shall forthwith or thereafter, at the option of the Mortgagee become due and payable, together with interest (not including unearned interest) at the maximum lawful rate in effect from time to time, anything herein to ` the contrary notwithstanding; and Mortgagee may foreclose this Mortgage in accordance with procedures established by law, and have the Property sold to satisfy or apply on the indebtedness hereby secured. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under this Mortgage accrued or thereafter accrued. AND the Mortgagor hereby covenants and agrees: 1. To perform, comply with and abide by each and every one of the stipulations, agreements, conditions and covenants contained in this Mortgage, and the Note, or any other document in connection with any of the foregoing. 2. To pay the Note and comply with and abide by each and every one of the stipulations, agreements, conditions, and covenants contained in any prior or subordinate mortgage on the properties securing this obligation (as may be permitted by Mortgagee) promptly in accordance with their terms and provisions. 3. To pay all and singular all installments of taxes and assessments and levies, liabilities, obligations and encumbrances of every nature on the Property, each and every, and if the same not be promptly paid, the Mortgagee may at any time pay the same without waiving or affecting the option to foreclose or any right hereunder, and every payment so made shall bear interest from the date thereof, at the maximum lawful rate in effect from time to time; provided, however, that the Mortgagor shall not be required to pay and discharge or to cause to be paid and discharged any such tax, assessment, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings and Mortgagor shall set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy or claim so contested in accordance with generally accepted accounting principles, or, if required by Mortgagee, Mortgagor shall deposit with Mortgagee the amount of such contested taxes together with penalties and interest thereon which would accrue during an ensuing year. 4. To deliver to the Mortgagee each year before they are delinquent, tax receipts evidencing the payment of all lawfully imposed taxes upon the Mortgaged Property except to extent being contested as provided in paragraph 3 above; and to deliver to the Mortgagee receipts evidencing the payment of any installments due for liens for public improvements within thirty (30) days after the same shall become due and payable. M LA I \REAL ES11174501.1 09999/9999 TJP vv 10/8/9910:42 AM 01,1372111143-1-6,10 148 5. To pay all and singular the costs, charges and expenses, including attorney's fees and court costs as provided for in the Note and reasonably incurred or paid at any time by said Mortgagee, because of the failure on the part of the said Mortgagor, to perform, comply with and abide by each and every one of the stipulations, agreements, conditions and covenants of this Mortgage and the Note, and every such payment shall bear interest from the date thereof at the maximum lawful rate in effect, from time to time and shall be secured by the lien of this Mortgage. 6. To permit, commit or suffer no waste, impairment or deterioration of the Property or any part thereof. 7. No waiver by the Mortgagee of any default shall operate as a waiver of any other default or of the same default on a future occasion. No delay or omission on the part of the Mortgagee in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by the Mortgagee of any right or remedy shall preclude any other or future exercise thereof or the exercise of any other right or remedy. The provisions of this Mortgage are cumulative and in addition to the provisions of any note, guaranty or other instrument now or hereafter secured hereby, and Mortgagee shall have all of the benefits, rights and remedies of and under any note, guaranty, or other instrument secured hereby. Except to the extent of any express provision hereof or modification or change to the contrary, in writing, signed by Mortgagee, all such covenants and agreements shall survive the execution, delivery and recording hereof, and of any and all further instruments executed pursuant hereto. 8. Mortgagor will execute and deliver promptly to Mortgagee on demand at any time or times hereafter, any and all further instruments reasonably required by Mortgagee to carry out the provisions of this Mortgage. Mortgagor will without limitation upon the generality of the foregoing, at any and all times at their expense, execute, acknowledge, deliver, file and/or record, refile and/or re-record, all and every such further acts, deeds, powers of attorney, assignment of accounts, conveyances, mortgages, security instrument, documents, and financing assurances in law, as Mortgagee shall reasonably require for the better assuring, conveying, pledging, transferring, mortgaging, assigning, and confirming unto Mortgagee all and singular the hereditaments and premises, estates and property hereby, conveyed, pledged, transferred or assigned, or intended to be, and for perfecting the security interest of Mortgagee in the Mortgaged Property. 9. All right, title and interest of the Mortgagor in and to all extensions, improvements, betterments, renewals, substitutions and replacements of, and all additions and appurtenances to, the Mortgaged Property then subject to the lien hereof, hereafter acquired by Mortgagor, or constructed, assembled or placed on the Mortgaged Property, and all conversions of the security constituted thereby, immediately upon such acquisition, construction, assembling, placement or conversion, as the case may be, and in each such case, without any further mortgage, conveyance, assignment or other act by Mortgagor or any other party, shall become subject to the lien of the Mortgage, as fully and completely, and with the same effect as though now owned by the Mortgagor, and specifically described in the Granting Clause hereof. 10. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof), either temporarily or permanently, the Mortgagee shall be entitled to compensation awards MIA1\REALEST\174501.1 09999/9999 TJP vv 10/8/99 10:42 AM 0181 1 2t"JI 'V V -J F7 149 pertaining to the Property, and other payments or relief therefor and is hereby authorized, at its option, to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation. 11. This Mortgage shall be governed by and construed in accordance with the Laws of the State of Florida. Wherever possible, each provision hereof shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision hereof shall be, prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions hereof. It is not the intention of the parties hereto to make any agreement which shall be violative of the laws relating to usury. In the event any provision hereof or any of the existing or any further loans and security instruments and agreements between the parties may be construed to require the payment of interest on money borrowed at a rate in excess of the maximum lawful rate of interest in effect from time to time, any such excess shall be and is hereby waived. 12. That if at any time after a default hereunder and after expiration of applicable grace period(s) and notice and reasonable opportunity to cure are afforded, in the opinion of the Mortgagee a receivership may be necessary to protect the Mortgaged Property or its rents, issues, profits, produce, or revenues, whether before or after maturity of the indebtedness hereby secured, or at the time of or after the institution of suit to collect such indebtedness, or to enforce this Mortgage, the Mortgagee shall, as a matter of strict right, and regardless of the value of the mortgage security for the amounts due hereunder or secured hereby, or of the solvency of any party bound for the payment of such indebtedness, have the right to the appointment, by any court having jurisdiction, of a Receiver to take charge of, manage, preserve, protect and operate said Property, to collect the rents, issues, profits, income, and revenues thereof, to make all necessary or needful repairs, and to pay all taxes and assessments against said Property and insurance premiums for insurance thereof, and all other necessary or required expenses and, after the payment of the expenses of the receivership and management of the Property, to apply the net proceeds in reduction of the indebtedness hereby secured, or in such manner as the court shall direct. Such receivership shall, at the option of the Mortgagee, continue until full payment of all sums hereby secured, or until title to said Property shall have passed by sale under this Mortgage. 13. That the rights of the Mortgagee arising hereunder or allowed or permitted Mortgagee by law, shall be separate, distinct and cumulative, and the selection of one remedy shall not preclude the selection of another or other remedies until Mortgagee shall have recovered all sums due it, together with the appropriate interest thereon and all costs of collection, including reasonable attorneys' fees in any original appellate or bankruptcy proceedings. 14. The Mortgagor further covenants and agrees that said Mortgagor will not at any time insist upon, plead, or in any manner whatever, claim or take advantage or benefit of any stay, exemption or extension now or at any time hereafter in force which may affect the covenants and terms of performance of or lien of or proceedings under this Mortgage, nor will the Mortgagor claim, take or insist upon any advantage or benefit of any law, now or hereafter in force providing for the valuation or appraisement of the Mortgaged Property or any part thereof, prior to any sale thereof. M IA1 \REALEST1174501.1 09999/9999 TJP w 10/8/99 10:42 AM ( S 4?Wi" ® 15 0 15. This Mortgage secures payment and performance of all obligations of Mortgagor to Mortgagee incurred under the Note, and all other agreements executed by Mortgagor in favor of the Mortgagee in connection with the obligations secured hereby, however or whenever created, including any amendments, renewals, modifications, extensions of all of same, including amendments, renewals, modifications and extensions that increase the amount of principal secured by this Mortgage or the rate of interest charged on any of such obligations which is likely secured hereby. 16. Mortgagor acknowledges that Mortgagee is relying upon the financial worth and ability of Mortgagor in making the loan secured hereby. Accordingly, Mortgagor covenants and agrees that no voluntary sale, transfer, conveyance or assignment, shall be made by the Mortgagor of the legal or equitable title to the Mortgaged Property, or any part thereof, without first obtaining the prior written consent of the Mortgagee, and any such voluntary sale, transfer, conveyance or assignment, without the prior written consent of the Mortgagee, in violation of this paragraph shall constitute a default by the Mortgagor under this Mortgage. 17. If at any time the State of Wyoming shall determine that the transactional tax stamps affixed to the Note or hereto or the taxes paid on this Mortgage are insufficient and that additional stamps or taxes should thereafter be affixed or paid, the Mortgagor shall pay for the same, together with any interest or penalties imposed in connection with such determination, and the amount of money needed to pay for such stamps or taxes and penalties shall, until such stamps are purchased and affixed and such taxes and penalties paid, be a portion of the indebtedness secured by this Mortgage and bear interest from the date of such determination at the maximum default rate as provided in the Promissory Note secured hereby. 18. Mortgagor will pay all costs and expenses reasonably incurred by Mortgagee in the preparation and recording of this Mortgage and all ancillary documents executed in connection therewith, or with the loan evidenced by the Note, including without limitation, any intangible tax, documentary stamp tax, recording and filing fees. 19. Mortgagor will not, without the prior written consent of Mortgagee, create or permit to be created or to remain, any mortgage pledge, lien (mechanic's or otherwise), lease, encumbrance or charge on, or conditional sale or other title retention agreement, whether prior or subordinate to the lien of this Mortgage or any lien created by documents executed in accordance with the Agreement, with respect to the Mortgaged Property or any part thereof or the income therefrom, other than this Mortgage. Further, Mortgagor shall not, without the prior written consent of the Mortgagee, assign the rents, income, or profits from the Mortgaged Property to any person or entity other than Mortgagee. 20. (a) Mortgagor will defend, indemnify and hold harmless Mortgagee from and against any and all claims, liabilities (statutory or otherwise), obligations, damages, penalties and expenses (including, without limitation, reasonable attorneys' fees, disbursements and court costs) incurred by, or imposed upon or asserted against Mortgagee by reason of Mortgagee's interest in the Mortgaged Property or any failure by Mortgagor to perform or comply with any of the terms and conditions of this Mortgage, or by reason of any accident or injury occurring on or about the Mortgaged Property. MIAI \REALEST\174501.1 09999/9999 TJP vv 10/8/9910:42 AM 151 (b) Mortgagor will pay and hold harmless Mortgagee against any taxes, except income taxes, imposed on Mortgagee by reason of its ownership of the Note or this Mortgage. (c) All amounts payable to Mortgagee under this paragraph shall be deemed to be indebtedness secured by this Mortgage and shall be payable within fifteen (15) days of demand by Mortgagee together with interest at the default rate from the date of such demand. [Signatures appear on the following page] MIA1\REALEST\174501.1 09999/9999 TJP vv 10/8/9910:42 AM 0%72N TO 152 IN WITNESS WHEREOF, the Mortgagor has hereunto executed these presents the day and year first above written. .Name: Name: STATE OF FLORIDA ) ):ss COUNTY OF Miami-Dade ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared Emilio Cabrera, and Marcos Antonio Rodriguez, to me known or who have produced a driver's license as identification and they acknowledged before me that they have executed the same for the purposes therein expressed. WITNESS my hand and official seal in the state and county named above this 8th day of October, 1999. yvt fZ• ~o ~'''~ei5u~~' ~~i b~~?~s ~'cP~~se ►)o. Fla ~~vr-(oV~~(6°c; M W \REALEST\174501.1 09999/9999 TJP w 10/8/99 10:42 AM '2Iee~~ ~ 0 1 Notary Public, STATE OF FLORIDA My Commission Expires: MARINA GUERRERO Notary Public, State of Florida MyGemm.expires March 4,2001 No. CC626689 aondod thru Arthur J. Gallagher & Co.