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MORTGAGE
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.
Chet B. Titensor, Shanelle B.N. Titensor, Phil G. Neibaur, Kathleen B. Neibaur, of
54 E. 300 N. Logan, UT 84321, (herein collectively called `MORTGAGOR to secure
the payment of $93,250.00, with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is August 26,
2021) and all renewals, modification and extensions thereof, do hereby mortgage unto
Geoffrey Imlay and Deborah Imlay of 6721 6150 Rd., Olathe, CO 81425 (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:
A portion of the Imlay property, as referred to in the Deed recorded in Book 649, on Page
147, with the Office of the Clerk of Lincoln County, Wyoming, within the East Half West
Half of Section 4, Township 31 North, Range 119 West, of the 6` Principal Meridian,
Lincoln County, Wyoming, the boundary being more particularly described as follows:
Beginning at the Lloyd B. Baker PE /LS 698, 2001 location for the Southeast Corner of the
Southwest Quarter Northwest Quarter, of said Section 4; thence North 1 °38'23" East, along
the East line of said Southwest Quarter Northwest Quarter 208.10 feet to the Southwest
Corner of the Bankhead property, as referred to in the Deed recorded in Book 648, on Page
293, with said Office; thence North 89 °55'30" East along the South line of said Bankhead
property, 1,006.94 feet to the Northwest Corner of the Mignano property as referred to in
the Deed recorded in Book 573, on Page 345, with said Office; thence South 7 °29'29" East
along the West line of said Mignano property 721.33 feet; thence South 89 °49'58" West
1,121.74 feet to a Point in the East line of the Northwest Quarter Southwest Quarter of said
Section 4; thence North 1 °39'53" East, along said East line, 509.33 feet, to the Point of
Beginning.
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.
RECEIVED 8/26/2011 at 1:08 PM
RECEIVING 960721
BOOK: 771 PAGE: 686
JEANNE WAGNER
1 INC:III N (:('1I IKITV (`I FRI/ KFMIIAFRFR ‘ACV
MORTGAGOR warrants title to the Property as to parties claiming, by, through or under
the MORTGAGOR only.
Witness our hands this day of August, 2011,
Titensor
,JW,47 9
Phil G. Neibaur
State of
County of
This Instrument was acknowledged before me on O� day of August, 2011
By Chet B. Titensor and Shanelle B.N. Titensor
JILL H. LARSON NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires June 20, 2015
JILL H. LARSON NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires June 20, 2015
ature of Notarial Officer
My Commission Expires:
r 0 ;2 0/.3
State of
County off4
This Instrument was acknowledged before me on 02 r day of August, 2011
By Phil O. Neibaur and Kathleen B. Neibaur
(Si/ature of Notarial Officer)
My Commission Expires:
6 ;o JC/5
000687