HomeMy WebLinkAbout963370RECEIVED 2/24/2w at 4:4 I riw
RECEIVING 963370
BOOK: 781 PAGE: 741
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
Paul Woodie and Kimberly Woodie, Husband and Wife, of 4792 Fir, Island Park, ID 83429,
(herein collectively called "MORGAGOR to secure the payment of $198,628.19, with interest
thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate
maturity date of which is March 1st, 2022) and all renewals, modification and extensions
thereof, do hereby mortgage unto Philip Mattingly and Samantha Moll as Joint Tenants in
Common, P.O.. Box 58604 of Salt Lake City, Utah 84158 (herein called "MORTGAGEE the
following described real property, situated in the County of Lincoln, State of Wyoming, 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 Tract 90, Township 24 North Range 119 West of the 6th P.M., Lincoln County,
Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County in Book
98PR on Page 559, more particularly described as follows:
Beginning at a point on the Westerly right -of -way line of U.S.Highway 30, North, which
point lies North 58 °23'00" West, 2144.7 feet from Corner No.2 of said Tract 90; thence North
11 °33'12" West, 208.70 feet along the Westerly right -of way line of U.S. Highway 30 North;
thence North 89 °10'00" West, 83.00 feet; thence South 11°33'12" East, a distance of 287.36
feet; thence North 56 °24'49" East, 87.46 feet to a point on the Westerly right -of -way line of U.S.
Highway 30 North; thence North 11°33'12" West, 28.04 feet along said right -of -way line to the
point of beginning.
AKA 120 So. Hwy 30, Cokeville, WY 83114; Tax Parcel 12- 2419- 05 -4 -06- 028.00
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 Toss 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 while indebtedness hereby secured, with interest thereon, shall become due
Page 1
00741
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 wit all costs of sale including reasonable attorney's fees.
If the proceeds of the foreclosure sale are insufficient to pay the indebtedness hereby secured
by foreclosure costs, MORTGAGEE shall be entitled to a deficiency judgement.
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 handsthh the 2 3 day of February, 201 t
L Paul Woodie
,2
SUBSCRIBED AND SWORN TO before me this the c'day of February, 2012
es y and and official seal.
r c
JENNIFER L. MARTINEZ
NOTARY PUBLIC for the
State of Montana
Residing at West Yellowstone, Montana
My Commission Expires
February 24, 2015
My commission expires: WO 1, Doi 5
Page 2
00742
PROMISSORY NOTE
For Value received, the undersigned promise to pay to the order of Philip R. Mattingly
and Samantha J. Moll, Joint Tenants, P.O. Box 58604, Salt Lake City, UT, 84158, OR at
such a place as the holder may designate in writing, THE PRINCIPAL SUM OF
$198,628.19 together with interest beginning March 1, 2012, at the rate of 12% percent
per annum, lawful money of the United States of America in installments as follows:
Principal and interest payable in monthly installments of $2,815.00 or more, commencing
on March 1st, 2012 and continuing on the same day of each consecutive month until the
maturity date stated below at which time the entire remaining balance of principal and
interest is due and payable.
A late payment penalty of $50.00 shall apply if the payment is more than 5 days late.
If default be made in the payment of any installment under this note, the entire principal
sum and accrued interest shall at once become due and payable without notice at the
option of the holder of this note. The failure of the holder of this note to enforce its rights
upon default in any of the terms of this note shall not constitute a waiver of any such right
in the event of a subsequent default. If suit is instituted to collect this note or any portion
thereof, I agree to pay, in addition to the costs and disbursements as are allowed by law,
such additional sums as the court may adjudge reasonable on attorney's fees in such suit.
The makers, sureties, guarantors and endorsers hereof severally waive presentment for
payment, protest,notice of protest and of non- payment of this notice.
The indebtedness evidenced by the Note is secured by a Deed of Trust of even date, and
reference is made to the Deed of Trust for rights as to acceleration of the indebtedness
evidenced by this not, AKA 120 So. Hwy 30, Cokeville, WY 83114, Tax Parcel 12-
2419- 05 -4 -06- 028.00.
JENNIFER L. MARTINEZ
NOTARY PUBLIC for the
State of Montana
Residing al West Yellowstone, Montana
My Commission Expires
February 24, 2015
SUBSCRIBED AND SWORN TO before me this the
day of February, 2012
Witness my hand and official seal. My commission expires: j
00743