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HomeMy WebLinkAbout962637RECEIVED 1/9/2012 at 11:23 AM RECEIVING 962637 BOOK: 779 PAGE: 107 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE Jonathan David VanScoyk, a single man, of 1692 North Y -Rock Road, Safford, AZ 85546 "mortgagor hereby mortgages to Robert E. VanScoyk PO Box 356 Eden, UT 84310 Norma VanScoyk 3792 Golf Course Road Thatcher, AZ 85552 Randall E. Fetter, Trustee Bertha V. Felter Discretionary Special Needs Trust 5237 Cool Water Way West Jordan, UT 84081 "mortgagees for the sum of Thirty -six Thousand and No /100 Dollars ($36,000.00), the following described tract of and in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to -wit: Commencing at the Southwest Corner of the NE1 /4NW1/4 of Section 10, T31N, R119W, 6th P.M., Wyoming, and running thence North 20 rods, thence East 20 rods, thence South 20 rods, thence West 20 rods to the place of beginning, also described as Lot 7 in the Town of Fairview, Wyoming (also referred to as Lot 3 of Block 3 in the Town of Fairview, Wyoming). SUBJECT TO all covenants, easements, exceptions, restrictions, reservations and rights of way of sight or record. This mortgage is given to secure the following indebtedness: One promissory note of even date in the amount of $36,000.00, payable without interest in equal monthly installments in the amount of $1,000.00 on the 1st day of each month beginning January 1, 2012, and continuing on 1st day of each succeeding month until the entire debt has been paid in full. 0'010' 00108 Including any and all improvements thereon, together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues and profits thereof. Mortgagor shall keep the improvements located on the property fully insured against fire and other perils with an insurance company approved by mortgagee, shall deliver a copy of the policy to mortgagee, shall name mortgagee as a loss payee on said policy, shall pay the premium therefor and provide annual proof in writing to mortgagee that the premium has been duly paid. Mortgagor must give Mortgagees thirty (30) days written notice prior to any conveyance or encumbrance of any interest in said property. If all or any part of said property or an interest therein is conveyed or encumbered by Mortgagor without Mortgagees' prior written consent, the Mortgagees may, at Mortgagees' option, declare all the sums secured by this mortgage to be immediately due and payable. Mortgagor also agrees to pay all taxes and assessments on said premises, including any assessments that may be levied on water rights or shares of stock used in connection therewith, or held as collateral with the above note; also any tax that may be assessed by reason of this mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the commencement of any legal proceedings for foreclosure of the same, and said attorney's fees shall be added to the amount due on this mortgage, and made a lien on the premises described herein. In case of default in the payment of any sum covenanted to be paid, either the principal or interest when the same shall become due and payable, or in case of default in the performance of any covenant herein contained, the whole amount of this indebtedness secured herein may be immediately declared due and payable, and to bear interest as provided in the instrument evidencing the debt secured by this mortgage, and this mortgage foreclosed at the option of the legal holder. In the event of default, mortgagor grants to mortgagee a Power of Sale to foreclose on and sell said property at public auction pursuant to §34 -4 -101 et seq., Wyo. Stat., 1977, or its successor. IN WITNESS WHEREOF, mortgagor has executed this Mortgage as of the 15th day of December, 2011. 2 STATE OF ARIZONA COUNTY OF GRAHAM ss. Jonathan David VanScoyk 00109 The foregoing Mortgage was acknowledged before me by Jonathan David VanScoyk, a single man, this 32? day of December, 2011. Witness my hand and official seal My commission expires: a`q S 3 BEATRICE CASTRO Notary Public Arizona Graham County My Comm. Expires Apr 24, 2015 NOTARY PUBLIC