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MORTGAGE
00u348
Jaxon W. Wilkes„ of P.O. Box 13, Afton, Wyoming 83110 (herein
collectively called `MORTGAGOR to secure the payment of $220,000.00, with
interest thereon, as provided in and evidenced by a promissory note of even date herewith
(the ultimate maturity date of which is October 27, 2040) and all renewals, modification
and extensions thereof, do hereby mortgage unto Boyd W. Wilkes, Successor Trustee, of
the Boyd W. Wilkes and Ione R. Wilkes Revocable Trust dated the 30 day of March,
1994 of Afton, WY 83110 (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:
Part of Lot 3 of Brock 3 of the Afton Townsite being more particularly described as follows:
Beginning at the Southwest Corner of Lot Three (3), in Block Three (3); of Afton Townsite,
and running thence East 135 feet; thence North 250 feet; thence West 135 feet; thence South
250 feet, to the place of beginning.
ALSO, beginning 135 feet East of the Southwest Corner of Lot 3, Block 3: Afton Town
Survey, and
running thence North 250 feet; thence West 135 feet; thence North 80 feet, more or less, to
the Northwest corner of said Lot 3; thence East 165 feet to the Northeast corner of the West
half of said Lot 3; thence South 330 feet; thence West 30 feet, more or less to beginning.
LESS AND EXCEPT the land described in Warranty Deed recorded April 4, 1972 in Book
99PR on page 124 of Lincoln County public records.
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.
RECEIVED 10/28/2010 at 12:08 PM
RECEIVING 956408
BOOK: 756 PAGE: 348
JEANNE WAGNER
1 inirrni ni esni inrry ri col! V RARRcoco IAA/
Witness our hands this 7 day of October, 2010,
xon W. Wilkes
State of Wyoming
County of Lincoln
This Instrument was acknowledged before me on o? 7 day of October, 2010
By Jaxon W. Wilkes
(Signature of Notarial Officer)
My Commission Expires:
9- /S
jGLORIA K. BYERS
N(7iAl9Y PUB
County of State of
Lincoln �f f Wyoming
My Comm -son otem'bor 15, 2011
:O 349