HomeMy WebLinkAbout957494MORTGAGE
Subject to easements, restrictions and conditions of record.
000068
Jeffrey W. Sherbeyn and Karen D. Sherbeyn, husband and wife, (hereinafter "MORTGAGOR to
secure the payment of FORTY ONE THOUSAND DOLLARS ($41,000.00), as provided in and
evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the
31 day of January 2016), and all renewals, modifications and extensions thereof, does hereby
mortgage unto Crandall Funeral Properties, L.L.C., a Wyoming Limited Liability Company, of 800
Uinta Street, Evanston, Wyoming 82930. (hereinafter "MORTGAGEE the following described
real property situated at 806 Pine Ave., Kemmerer, in the County of Lincoln, State of Wyoming,
hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of
the State of Wyoming, to -wit:
Beginning at Corner No. 1 which is identical with the Southwesterly Corner of Lot No. 10
in Block No. 11, in the Town of Kemmerer, and running thence northerly along the
westerly boundary line of said Lot No. 10, North 26 °34' West, a distance of 27 feet to
Corner No. 2; thence North 33 °26' East, a distance of 80.9 feet to Corner No. 3; thence
South 56 °34' East, a distance of 23.4 feet along the easterly boundary line of said Lot No.
10 to Corner No. 4, which is identical with the southeasterly corner of said Lot No. 10;
thence along the alley of said Lot No. 10 in Block 11, South 33 °26' West, a distance of
94.4 feet to Corner No. 1, the point of beginning.
MORTGAGOR agrees to pay the indebtedness hereby secure; to pay all taxes assessments and
charges levied against the property, as the same becomes due and payable; to secure, maintain
and furnish MORTGAGEE evidence thereof, insurance an with an insurance carrier or carriers
acceptable to MORTGAGEE, covering the insurable improvements on the property against loss
by fire with extended coverage, in the amount not Tess that the unpaid balance of debt hereby
secured, or the insurable value of such improvements, whichever is less, which insurance shall
contain and appropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as
their respective interest may appear from time to time. In the event MORTGAGOR fails to pay
such taxes and 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.
MORTGAGEE agrees to allow MORTGAGOR to pay off all principal and accrued interest at any
time with no prepayment penalty.
IN case default shall be made in the payment of the above sums hereby secured, or in payment
of the interest thereon, or any part of principal or interest, when the same shall become due; or in
case default shall be made in any of the covenants and agreements MORTGAGEE, or in the
event MORTGAGOR sells or conveys the property, or any part thereof, or any interest therein,
without prior written consent of the mortgagee first had 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 and /or as otherwise authored by governing law, to foreclose on and sell
the Property, and out of cost of sale, including reasonable attorney's fees. If the proceeds of the
foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure cost,
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, issued and profits from the accruing of any such right and during the pendency of the
foreclosure proceedings, and the period of redemption, if any there be.
RECEIVED 1/5/2011 at 2:20 PM
RECEIVING 957494
BOOK: 760 PAGE: 68
JEANNE WAGNER
irrni NI rnt 1NTV Cl FRK KFMMFRFR WY
Any award of damages in connection with any condemnation for public use of or injury to said
property or any part thereof is hereby assigned and shall be paid to Mortgagee who apply or
release such moneys received by them in the same manner and with the same effect as above
provided for the disposition of proceeds of fire or other insurance.
Bt accepting payment of any sum secured hereby after its due date, Mortgagee does not waive
their right either to require prompt payment when due of all other sums so secured or to declare
default for failure to pay.
As additional security, Mortgagor hereby gives to and confers unto Mortgagee the right, power
and authority, during continuance of the Trusts, to collect the rents, issue and profits of said
property, reserving unto Mortgagee the right, in the of default by the Mortgagor in payment of
any indebtedness secured hereby or in performance of any agreement hereunder, to collect and
retain such rents, issues and profits as they become due and payable, upon any such default,
Mortgagee may at any time without notice, either in person, by agent or by receiver to be
appointed by a court, and without regard to the adequacy of any security for the indebtedness
hereby secure, enter upon and take possession of said property or any part of said property or
any part thereof, in his own name, sue for or otherwise collect such rents, issues and profits,
including those past due and unpaid, and apply the same, less costs and expenses of operation
and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and
in such order as Mortgagee may determine. The entering upon and taking possession of said
property, the collection of such rents, issues and profits and the application thereof as aforesaid,
shall not cure or waive any default or notice of default hereunder or invalidate any act done
pursuant to such notice.
MORTGAGOR warrants title to the Property as to parties claiming, by through of under Mortgagor
only.
Witness my hand this day of January, 2011.
Jef re Sherbeyn
Kare4i D. Sherbeyn
State of Wyoming)
:ss.
County of Lincoln)
The foregoing instrument was acknowledged before me by Jeffrey W. Sherbeyn and Karen D.
Sherbeyn this 5 day of January, 2011.
WITNESS my hand and official seal.
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NOTA"Y PUBLIC
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