HomeMy WebLinkAbout964273Order No.: ATEC- 135924
RECEIVED 4/25/2012 at 4:11 PM
RECEIVING 964273
BOOK: 785 PAGE: 199
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
Travis M. Osmond and Maggon P. Osmond, Husband and Wife,
of P.O. Box 254, Fairview, UT 84629, (herein collectively called `MORTGAGOR to secure
the payment of $75,000.00, as provided in and evidenced by a promissory note of even date
herewith (the ultimate maturity date of which is April 24, 2014) and all renewals, modification
and extensions thereof, do hereby mortgage unto
Freeman Family Trust, dated August 27, 2008, Howard Freeman and Joy Freeman,
Trustees
of Thayne, WY 83127 (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:
That part of the Southeast Quarter Southwest Quarter and that part of the Southwest Quarter
Southeast Quarter of Section 30 and that part of the Northeast Quarter Northwest Quarter and that
part of the Northwest Quarter Northeast Quarter of Section 31, Township 33 North, Range 118
West, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of
Lincoln County in Book 449 of Photostatic Records on page 517 and all of that tract of record in
said Office in Book 462 of Photostatic Records on page 581, described as follows: Beginning at
a point on the North line of said Section 31, North 89°55'14" West 145.29 feet from the
Northeast corner of said Northeast Quarter Northwest Quarter; thence South 00 °06'41" East
136.17 feet to a brass cap at an angle point of that tract of record in said Office in Book 269 of
Photostatic Records on page 340; thence coursing the Northeasterly lines of said tract as follows:
South 22 °07'41" East 387.58 feet to a brass cap on the East line of said Northeast Quarter
Northwest Quarter; South 89°57'14" East 165.00 feet to a brass cap; South 00 °06'41" East 134.10
feet to a brass cap; South 89°56'15" East 614.52 feet to the Southwest point of Parcel C of record
in said Office on Plat No. 390 -C, as revised; thence North 00 °11'42" West 628.82 feet along the
West line of said Parcel C, to a point on the North line said Section 31; identical with the
Southwest point of Parcel B -2 of record in said Office on Plat No. 390 -A; thence North
00 °21'06" West 314.00 feet, along the West line of said Parcel B -2, to the Northwest point
thereof; thence North 89 °55'14" West 922.58 feet, along a line parallel with the North line of said
Parcel B -2, to the Northwest point thereof; thence North 89 °55'14" West 922.58 feet, along a line
parallel with the North line of said Section 31 to a point; thence South 00 °06'41" East 313.99 feet
to the point of beginning. The Base Bearing for this survey is the East line of the West Half
Southeast Quarter of Section 30, Township 33 North, Range 118 West, being North 00 °21'06"
West.
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.
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.
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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 hands this 324 of April, 2012
e2 1,,,...
reLi,t. 14,
Travis M. Osmond
x
Maggon )Osmon
State of Wyoming
County of Lincoln
This instrument was acknowledged before me this c2' day of April, 2012 by Travis M.
Osmond and Maggon P. Osmond.
Witness my hand and official seal.
My commission expires:
Notary Public
My Commisson Expires September 15, 2015
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