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MORTGAGE
000306
Monticello Investors, LLC, a Wyoming Limited Liability Company, of Idaho Falls,
Idaho, (herein collectively called `MORTGAGOR to secure the payment of
$250,000.00, with interest thereon, as provided in and evidenced by a promissory note of
even date herewith (the ultimate maturity date of which is February 1, 2012) and all
renewals, modification and extensions thereof, do hereby mortgage unto James R.
Hollister of 113 W. 43rd St. Boise, ID 83714 (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:
Township 26 North, Range 119 West, 6` P.M., Lincoln County Wyoming.
Section 13: South Half Southeast Quarter, West Half Southwest Quarter, Southeast
Quarter Southwest Quarter.
Section 14: Southeast Quarter
Section 23: Northeast Quarter Northeast Quarter
Section 24: Northeast Quarter, North Half Northwest Quarter.
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.
Witness our hands this day of February, 2011,
Monticello Investors, LLC
By: Daniel A. Schwab, Manager
RECEIVED 2/10/2011 at 4:06 PM
RECEIVING 958426
BOOK: 762 PAGE: 306
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State of Wyoming
County of Lincoln
This Instrument was acknowledged before me on 2 11)P day of February, 2011
By Daniel A. Schwab, Manager, of Monticello Investors, LLC.
'G
(Signature of Notarial Officer)
My Commission Expires:
9 /5
GLORIA K. BYERS NOTARY PUBLIC
o ('f' w
County of y4t. State of
Lincoln
o Wyoming
My Commission Expires September 15, 2011
000307