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David Stephen Gieck and Elizabeth Lenna Gieck, Husband and Wife, of P.O. Box
3845 Alpine, WY 83128, (herein collectively called `MORTGAGOR to secure the
payment of $40,000.00, with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is January 1,
2013) and all renewals, modification and extensions thereof, do hereby mortgage unto
Mary Lou Carlson and Lynn Talarico of 1528 34th Street Missoula, MT 59801 (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:
Lot 2 of MaryLynn Acres, Lincoln County, Wyoming as described on the official plat filed
on October 9, 2007 as instrument No. 933838 of the records of the Lincoln County Clerk.
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.
Witty- our y% ds this z day of February, 2011,
ID. d Stephen Gieck
MORTGAGE
000 4
RECEIVED 2/15/2011 at 2:55 PM
RECEIVING 958101
BOOK: 762 PAGE: 574
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Form No. 1056.06
ALTA Loan Policy (6- 17 -06)
State of Z-(h../9 G�
County of
This Instrument was acknowledged before me on lig day of February, 2011
By David Stephen Gieck and Elizabeth Lenna Gieck
My Commission Expires:
GLORIA K. BYERS NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires September 15, 2011
000575
(Signature of Notarial Officer)
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