HomeMy WebLinkAbout957785Amount: $100,00.00 Date: 70 379047 2011
FOR VALUE RECEIVED, Chris J. Grundhoffer and Lea L. Grundhoffer,
and their heirs and assigns (makers) promises to pay to the order of Carmen L.
Baltazar and her heirs and assigns (holders), the sum of one hundred thousand
dollars ($100,000.00) at zero percent interest to be secured by a mortgage in the
following described real property:
RECEIVED 1/25/2011 at 12:11 PM
RECEIVING 957785
BOOK: 761 PAGE: 350
JEANNE WAGNER
PROMISSORY NOTE
000350
Lot Three 3 of the Grogan Addition to the Town of Diamondville as
recorded February 23, 2007 at document number929637 in the
office of the clerk, Lincoln County, Wyoming;
Together with all improvements situate thereon and all easements
and appurtenances thereunto belonging; and,
Subject to all easements, reservations, covenants and restrictions,
if any, of record; and,
Further subject to discrepancies, conflicts in boundary lines,
shortages in area, encroachments, and any facts a correct survey
and inspection of the premises would disclose and which are not
shown in the public records.
Commonly known as 117 Paper Collar Row, Diamondville,
Wyoming.
The terms of payment shall be as follows: s -o equal
monthly installments of four hundred fifty -eight dollars and thirty -four cents
($458.34) with the first payment being due on
day of each month thereafter for 1 a Dv months
with a final payment of 11)O Out) 1 due and payable on
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2011, and the
full. Prepayment of principal shall be allowed.
In the event the holder of this note does not receive the full amount of any
monthly payment when due a default may be declared and all installments shall
become immediately due and payable forthwith, at the option of the holder,
without notice. Upon such a default, the unpaid principal shall be paid together
with a reasonable sum for attorney's fees and any costs and expenses
associated therewith if this note is placed in the hands of an attorney for
collection, whether or not the matter is actually filed in a court of law. Failure of
the holder to exercise this option shall not constitute a waiver of the right to
exercise the same in event of any subsequent default.
This note is not transferable by makers without the prior written consent of
holders.
Presentment, protest, notice of protest, and notice of dishonor are hereby
waived.
DATED this 7O%' day of J"?/ 201
WITNESS:
or until the balance of the purchase price is paid in
Chris J. Grundhoffer
Lea L. Grundhoffer
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000351
REAL ESTATE MORTGAGE
000352
Chris J. Grundhoffer and Lea L. Grundhoffer, husband and wife, mortgagors, of
Kemmerer, Lincoln County, Wyoming, to secure the payment of a promissory note of even
date herewith, executed by mortgagors in favor of mortgagees, in the principal sum of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00), (hereinafter "promissory note
providing for monthly installments of $458.34 (hereinafter referred to as the
"indebtedness due and payable in accordance with the provisions of said promissory
note, hereby MORTGAGE AND WARRANT to Carmen L. Baltazar, mortgagee, whose address
is 1749 Bella Terra, Manteca, California 95337, the following described real estate, situate
in Diamondville, Lincoln County, Wyoming, to -wit:
Lot Three 3 of the Grogan Addition to the Town of Diamondville as recorded
February 23, 2007 at document number929637 in the office of the clerk,
Lincoln County, Wyoming;
Together with all improvements situate thereon and all easements and
appurtenances thereunto belonging; and,
Subject to all easements, reservations, covenants and restrictions, if any, of
record; and,
Further subject to discrepancies, conflicts in boundary lines, shortages in
area, encroachments, and any facts a correct survey and inspection of the
premises would disclose and which are not shown in the public records.
Commonly known as 117 paper Collar Row, Diamondville, Wyoming.
Mortgagors agree to pay the indebtedness according to the terms of said promissory
note, and, during the life of this mortgage, to pay all taxes and assessments on the
premises and to keep the improvements thereon insured against fire and other hazards in
the sum of not less than the current market value by such insurance as mortgagees may
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000353
approve, with the proceeds thereof made payable to mortgagees. If mortgagors fail to pay
such taxes or assessments or fail to keep the premises insured, mortgagees may pay the
same and may insure the premises, and all sums paid by mortgagees for such purposes
shall be added to and considered as part of the indebtedness and shall draw interest under
the terms of the agreement to sale real property executed by the parties.
If default occurs in the payment of the indebtedness or in the payment of any
installment thereof, or if default occurs in any of the covenants and agreements hereof,
which default continues for more than thirty (30) days, then the whole indebtedness shall,
at mortgagees' option, become due and payable forthwith, and mortgagees may foreclose
this mortgage either by advertisement and sale of the premises as provided by statute, or
by an action to foreclose in the District Court. Out of the proceeds of any foreclosure sale,
mortgagees shall retain or receive all sums due to it hereunder, and costs of foreclosure
and sale, including their reasonable attorney fees, the same to be taxed as costs in any
equitable action brought to foreclose this mortgage.
To fully assure mortgagees the benefit of the security interest in the premises
granted to them hereunder, mortgagors hereby assign to mortgagees all rents hereafter
payable for the use and occupancy of the premises by any person in possession thereof
with mortgagors' consent. If default occurs in any of the covenants and agreements herein
contained, whether or not mortgagees elect to foreclose this mortgage on account thereof,
mortgagees shall at once be entitled, and are hereby authorized, to collect the rents from
the premises and apply the same to the payment of the indebtedness secured hereby until
such default is remedied.
In the event of foreclosure of this mortgage upon default, mortgagees shall be
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OO &x:354
entitled to the possession and enjoyment of the premises and the incident rents, issues,
and profits thereof from the time of such default and for and during the pendency of
foreclosure proceedings and the period of redemption, if any. If mortgagors should fail to
surrender such possession to mortgagees promptly upon its request therefor, mortgagees
may compel delivery thereof by an ejectment action or other civil proceeding appropriate to
that purpose. Furthermore, and in addition to the remedies otherwise provided for in this
mortgage and by law, and as a matter of right, without regard to the solvency or insolvency
of mortgagors, the value of the premises, or the sufficiency thereof to discharge the
indebtedness and costs of foreclosure and sale, mortgagees shall be entitled to a receiver
for the premises and the rents, issues and profits thereof from the time of default to the
expiration of any redemptive period provided by law. Such receiver may be appointed by
any court of competent jurisdiction upon ex parte application, without notice, notice being
hereby waived and the appointment of a receiver upon such application being hereby
consented to by mortgagors.
The failure or delay by mortgagees in exercising any rights under this mortgage shall
not constitute a waiver thereof in that or any other instance.
Hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
Witness our hands this 70 day of
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Chris J. Grund off4
2011.
STATE OF WYOMING
County of Lincoln
ss.
The foregoing document was acknowledged before me by Chris J. Grundhoffer and
Lea L. Grundhoffer this Zc day of vim 2011.
Witness my hand and official seal.
SCOTT SARGENT NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN
WYOMING
My Commission Expires 2- 1/ zot
My Commission Expires: 7— ZO/
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1 1
alt
Lea L. Grundhoffer
0000 355