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HomeMy WebLinkAbout964117This document i; as a courtesy by Hometown Title Ltd. y MORTGAGE Manuel D. Cruz Alonzo whose address is, 1433 Central, Kemmerer, WY 83101, as (herein collectively called "Mortgagor to secure the payment of $50,000.00 with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is October 15, 2013) and all renewals, modification and extensions thereof, do hereby mortgage unto: Westerner Cafe Properties, LLC, a Utah limited liability company of 3088 S. 600 W. Bountiful, UT 84010 (herein called "Mortgagee the following described real property, situate 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: East one -half of Lots 1 and 2 of Block 7 in the Fairview Addition to the Town of Kemmerer, Lincoln County, Wyoming, being a rectangular plot fronting 80 feet on Central Avenue and 75 feet on Elk Street as shown on the official plat filed with Plat No. 188. Address: 1433 Central, Kemmerer, WY 83101 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 improvements on the Property against loss by fire, with extended coverage, in an amount of $100,000.00, 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 paid shall be added to and considered a part of the indebtedness hereby secured and shall draw interest according to the promissory note. 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, Mortgage 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 proceeding, 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. I Witness our hands this of April, 2012. Manuel D. Cruz Alonzo STATE OF WYOMING )ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Manuel D. Cruz Alonzo, on the day of April, 2012. Witness my hand and official seal. SNEUZ( SANOALL NOTARY PUBLIC DINof i' Salo lJ 01"°'4 Notary Public e� My Commission Expires: RECEIVED 4/16/2012 at 2:16 PM RECEIVING 964117 BOOK: 784 PAGE: 726 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY