HomeMy WebLinkAbout959102MORTGAGE DEED
RECEIVED 4/29/2011 at 10:20 AM
RECE If 959102
BOOK 766 PAGE: 66
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Jody M. Simkins and Kristine H. Simkins, AKA Kris H. Simkins, husband and wife, and Gale L. Haderlie,
Successor Trustee of the Gale L. and Shirley R. Haderlie Family Trust dated December 28, 1999,
mortgagors, of Lincoln County, State of Wyoming, to secure the payment of
FIFTY THOUSAND AND NO /100 DOLLARS, due June 1, 2021 with interest thereon at the rate of SEVEN
percent per year (said sum, and the interest thereon, being referred to as the "indebtedness payable
monthly in accordance with the provisions of that certain Note, dated April 15, 2011, hereby mortgage and
warrant to mortgagee, Lincoln -Uinta Revolving Loan Fund of Lincoln County, State of Wyoming the
following described real estate, situated in the county of Lincoln, in the State of Wyoming, to -wit:
PARCEL 1
That part of the South Half of the Southwest Quarter of Section 31, Township 32 North,
Range 118 West, Lincoln County, Wyoming, described as follows:
Beginning at the Northeast corner of said South Half of the Southwest Quarter, found as
described in that Certified Land Corner Recordation Certificate filed in said Office;
thence South 00 °04.1' West 265.30 feet, along the East line of said South Half of the
Southwest Quarter, to a point;
thence North 89 °35.2' West 599.77 feet, to a point;
thence North 06 °00.0' East 261.33 feet, to a point on the North line of said South Half of the
Southwest Quarter;
thence North 89 °53.3' East 572.76 feet, along said North line to the Point of Beginning.
PARCEL 2
Lot 29 of the Airport Addition Fifth Filing to the Town of Afton, Lincoln County, Wyoming as
described on the official plat filed on March 26, 2007 as Instrument No. 927852 of the records of the
Lincoln County Clerk.
000066
Parcel 3: Lot 30 of Airport Addition Fifth Filing, Lincoln County, Wyoming, as described on the
official plat filed on March 26, 2007, as Instrument No. 927852 of the records of the Lincoln County
Clerk.
Mortgagors agree to pay the indebtedness according to the terms of said Note, and, during the life of this
mortgage, to pay all taxes and assessments on the premises and to provide adequate hazard insurance policies
covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and
form sufficient to prevent mortgagors from becoming a co- insurer and issued by companies satisfactory to
the Lender, with the proceeds thereof made payable to the mortgagee. If mortgagors fail to pay such taxes or
assessments or fail to keep the premises insured, mortgagee may pay the same and may insure the premises,
and all sums paid by mortgagee for such purposes shall be added to and considered as a part of the
indebtedness and shall draw interest at the same rate.
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, then the whole indebtedness shall, at mortgagee's
option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by
advertisement and sale of he premises as provided by statute, or by action in equity. Out of the proceeds of
any foreclosure sale, mortgagee shall retain or receive all sums due to it hereunder, and costs of foreclosure
and sale, including reasonable attorney fees.
To fully assure the mortgagee the benefit of the security interest in the premises granted to it hereunder,
mortgagors hereby assign to mortgagee 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 mortgagee elects to foreclose this mortgage on account thereof,
mortgagee shall at once be entitled, and is hereby authorized, to collect rents from the premises and to apply
the dame to the payment of the indebtedness secured hereby until such default is remedied.
In the event of foreclosure of this mortgage upon default, mortgagee shall be 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 mortgagee promptly upon its request therefor, mortgagee 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, mortgagee shall be
entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the
expiry 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.
Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of
Wyoming.
Witness our hands this 2C' day of April, 2011.
State of Wyoming
County of Lincoln
istine H. Simkins
Gale L. Haderlie, Successor Trustee of the Gale L. and Shirley R. Haderlie Family Trust dated December 28,
1999.
000067
Additional signature page for Mortgage Deed by Jody M. Simkins and Kristine H. Simkins, AKA Kris H.
Simkins, husband and wife, and Gale L. Haderlie, Successor Trustee of the Gale L. and Shirley R. Haderlie
Family Trust dated December 28, 1999, to Lincoln -Uinta Revolving Loan Fund.
Gale L. Haderlie, Successor Trustee of the Gale L. and Shirley R. Haderlie Family Trust dated December 28,
1999.
State of Wyoming
County of Lincoln
The foregoing instrument was acknowledged before me by Gale L. Haderlie this 2S day of May, 2011.
Witness my hand and official seal.
My commission expires I t c 2.0/c f
DE _'.f)-,n•1 SCHWAB !NOTARY PUBLIC 5
State of Ej
Wyoming
r..
71i' of
000068
The foregoing instrument was acknowledged before me by Jody M. Simkins and Kristine H. Simkins, this
_2611
e2e day of May, NW.
Witness my hand and official seal.
My commission expires: j o Sr ,26/y
row
6) DEBORAH SCHWAB NOTARY PUBLIC ry
County of
Lincoln
State of
Wyoming
My Comm scion Expires July 21, 2014
000069