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HomeMy WebLinkAbout965600Order No.: ATEC 147936 MORTGAGE Trevor G. Buchanan and Misty D. Buchanan, Husband and Wife, 00655 Of P.O. Box 578 Afton, WY 83110, (herein collectively called `MORTGAGOR to secure the payment of $192,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is July 1, 2018) and all renewals, modification and extensions thereof, do hereby mortgage unto Rob Lee, and Robert A. Lee and Jane Winslow, Trustees of the Robert A. Lee and Jane Winslow 2000 Family Trust, u /t/a dated September 11, 2000, of 1440 Montgomery St., Unit 22, San Francisco, CA 94133,(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: Beginning at the Southeast corner of Lot 1 of Block 28 of the Town of Afton, Lincoln County, Wyoming and running thence West 20 rods; thence North 9 rods; thence East 2 rods; thence North 3 rods; thence East 8 rods; thence South 2 rods; thence East 10 rods; thence South 10 rods 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 tune. 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. 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. Alliancp Titio Escrovh PO E3ox 117 rnmaror VV\. i221n1 RECEIVED 7/18/2012 at 11:21 AM RECEIVING 965600 BOOK: 789 PAGE: 658 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3 Witness our hands this day o Trevor G. Buchanan 73 6 CaM Mist D. B chanan 2012 State of (dray, County County This instrument was acknowledged before me on 3 1Q1) day of 2012 by Trevor G. Buchanan and Misty D. Buchanan s a-J lay- evz Notary Public My Commission Expires: 9 GLORIA K. BYERS NOTARY PUBLIC County of Lincoln State of Wyoming My Commisson Expires September 15, 2015 006r