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Home My WebLink About872444Ire a~ r ~r :sr /L. Od LI N Cul,f'v' C01.1Nnfy CLERK 872444 Of PIR --2 P'l 3 21 BOOK46 __PR PAGE a .r MORTGAGE DEED 1t~rP;~~9Elf1Cl2,1VvIYUP~4il1l~C EXECUTED this day of April, 2001, SHARON NIMMO, a single person, of P.O. Box 494, Afton, Wyoming 83110, hereinafter called the MORTGAGOR, to HEATHER MARY NORTON of Chicago, Illinois, hereinafter called the MORTGAGEE. (Whenever used herein, the term "MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs, legal representatives, and assigns of corporation; and the term "NOTE" includes all the notes herein described if more than one). WITNESSETH: THAT FOR GOOD and valuable considerations, and also in consideration of the aggregate sum named in the Promissory Note of even date herewith, hereinafter described, the MORTGAGEE hereby grants, bargains, sells, aliens, remises, conveys, and confirms unto the MORTGAGOR, all the certain land of which the MORTGAGEE is now seized and in possession, situated in Lincoln County and State of Wyoming, more particularly described as follows, to-wit: Lots 27 and 28, Block 5, Van Noy Park, in the Town of Thayne, Lincoln County, Wyoming, as described on the official plat thereof. TO HAVE AND TO HOLD the same together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the MORTGAGEE in fee simple. And, the MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR is indefeasibly seized of said land in fee simple; that the MORTGAGOR has good right and lawful authority to convey said land as aforesaid; that the MORTGAGOR will make such further assurances to perfect the fee simple title to said land and the MORTGAGEE as may reasonable be required; that the MORTGAGE DEED Page 1 of 4 I (jS72444 878 MORTGAGOR hereby warrants the title to said land and will defend the same against the lawful claims for all persons whosoever; and that the said land is free and clear of all encumbrances. PROVIDED ALWAYS, that if said MORTGAGOR shall pay unto said MORTGAGEE, the certain Promissory Note in the amount of THIRTY THOUSAND ($30,0000Q) DOLLARS and NO/100, with an interest rate of SEVEN and.THREE-FOURTHS (7 3/4%) PERCENT; interest beginning on April 2, 2001, and payments of THREE HUNDRED SIXTY ($360-U) DOLLARS and 13/100, beginning on May 2, 2001, and being due on the second (2nd) day of every month thereafter, with the last payment being THREE HUNDRED SIXTY ($360-U) DOLLARS and 13/100 and due on May 2, 2011, as per SCHEDULE "A", attached and made a part hereof, and shall perform, comply with, and abide by each and every agreement, stipulation, condition, and covenant thereof, and of this Mortgage, then this mortgage and the estate hereby created shall cease, determine and be null and void. AND THE MORTGAGOR shall not destroy, damage, or substantially change the property or allow the property to deteriorate or commit waste. AND THE MORTGAGOR shall protect the MORTGAGEE'S rights and security in the property. NOT ASSUMABLE-NONTRANSFERABLE MORTGAGE. Each Party to this mortgage shall be bound individually and severably by the terms therein. If all or any part of the property or any interest in it is sold or transferred without the MORTGAGEE'S prior written consent, the MORTGAGEE may at their option, require immediate payment in full of all sums remaining owed under this Promissory Note and/or Mortgage. The MORTGAGEE shall give the MORTGAGOR notice of acceleration. MORTGAGOR shall be allowed ninety (90) days to complete payment thereof, however, not to extend the payoff date of said note. AND THE MORTGAGOR hereby further covenants and agrees to pay promptly, when due, the principal and interest, and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit, or suffer no waste, impairment, or deterioration of said MORTGAGE DEED Page 2 of 4 US'7L" 4L.1 `J 8 7 9 property and/or the improvements thereon at any time; to pay all costs, charges, and expenses including reasonable attorney fees, and title searches, reasonably incurred or paid by the MORTGAGEE because of the failure of the MORTGAGOR to promptly and fully comply with, and abide by each and every agreement, stipulation, condition, and covenant set forth in said Note and this Mortgage, or either. In the event the MORTGAGOR fails to pay, when due, and tax assessment, or other sum of money payable by virtue of said Note and this Mortgage, or either, the MORTGAGEE may pay the same without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate allowed by law. If the MORTGAGOR defaults in the payment of the indebtedness hereby secured, for a period of ninety (90) days after written notice or fails to keep the improvements on said premises insured as herein provided or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, both principal and interest, together with all other sums payable pursuant to the provisions hereof, shall, at the option of the MORTGAGEE or note holder become immediately due and payable, anything-herein or in said note to the contrary notwithstanding, and failure to exercise said option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. The MORTGAGOR hereby grants to MORTGAGEE, their heirs, and assigns, a Power of Sale over the property described above which may be exercised by MORTGAGEE or their heirs and assigns in case of such default as described above, and pursuant to such Power of Sale, MORTGAGEE, their heirs and assigns may foreclose on said property and sell and dispose of or cause to be sold or disposed of, the above property and all rights, title, benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns, therein, at public auction, for cash according to Title 34, Chapter 4, Wyoming Statutes, as the same presently exists or may hereafter be amended. MORTGAGE DEED Page 3 of 4 I 880 IN WITNESS WHEREOF, the MORTGAGORS have set their hand and seal the day and year first above written, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. DATED thi* t/! Jv~ day of April, 2001. SHARON NIMMO STATE OF WYOMING ] SS. COUNTY OF LINCOLN BEFORE ME, the undersigned authority, on this day of April, 2001, personally appeared Sharon Nimmo, to be the person(s) described in and who executed the foregoing MORTGAGE DEED, after by me first being duly sworn, acknowledged that she executed the same as her own free act and deed. WITNESS my hand and official seal. NOTAR P B IC My Commission Expires: zees U. DAVID NFR - NOTARY PUBUC Cae►b d state of Lincoln wyomin MORTGAGE DEED Page 4 of 4 ~ ~ r 0872444 881 $30,000M April , 2001. Afton, Wyoming THE UNDERSIGNED, jointly and serverably if more than one, promise to pay HEATHER MARY NORTON, the principal sum of THIRTY THOUSAND ($30,000OD) DOLLARS and NO/100 with SEVEN and THREE- FOURTHS (7 3/4%) PERCENT interest amortized for a period of TEN (10) YEARS. Interest to start on April 2, 2001, and payments to start on May 2, 2001. PAYMENT shall be due in the following manner: L. Payment(s) shall be made to an escrow account set up at the Bank of Star Valley, P.O. Box 8007, Afton, Wyoming 83110. 2. Payments shall be in the amount of THREE HUNDRED SIXTY ($36011) DOLLARS and 13/100 due on the second (2nd) day of each month. 3. The Promissory Note shall be paid in full on April 2, 2011. If the OBLIGOR defaults in the payment of the indebtedness hereby secured for a period of ninety (90) days after written notice or fails to keep the improvements on said premises insured as herein provided or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, both principal and interest, together with all other sums payable pursuant to the provisions hereof, shall, at the option of the OBLIGEE or note holder become immediately due and payable, anything herein or in said mortgage to the contrary notwithstanding, and failure to exercise said option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. In the event of default, the undersigned, jointly and severably if more than one, agree to pay all costs of collection including a reasonable attorney fee to PROMISSORY NOTE-NORTON/NIMMO Page 1 of 2 SCHEDI~i-E 'A" Pill I 087;1444 882 the holder's attorney, whether suit be brought or not. The ninety day notice shall be considered received when mailed in the U.S. mail, postage prepaid, or personally served by a law enforcement officer. THE UNDERSIGNED shall have the right to prepay all or any portion of this Note at any time prior to maturity without penalty. PRESENTMENT, protest, notice of protest, and notice of dishonor are hereby waived. DATED this 2n d day of April, 2001. s/s Sharon Nimmo SHARON NIMMO STATE OF WYOMING ] ] SS COUNTY OF LINCOLN ] The foregoing Promissory Note was subscribed and acknowledged before me by Sharon Nimmo on this 2nd. day of April, 2001, declaring it an act of her free will and deed. WITNESS my hand and official seal. s/s 0. David Gardner NOTARY PUBLIC My Commission Expires: 8/18/03 PROMISSORY NOTE-NORTON/NIMMO Page 2 of 2 9 St'HEDµ~E ~ r~~c x:1 Z