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HomeMy WebLinkAbout965985RECEIVED 8/7/2012 at 4:30 PM RECEIVING 965985 BOOK: 791 PAGE: 88 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE Jesica Fox Lozier and Jacob Lozier, wife and husband, (hereinafter "MORTGAGOR to secure the payment of Twenty -Five Thousand and no /100 dollars ($25,000.00), as provided in and evidenced by a promissory note of even date herewith, and all renewals, modifications and extensions thereof, do hereby mortgage to Robert B. Fox and Joy S. Fox, husband and wife, (hereinafter "MORTGAGEE of 10283 State Highway 233, Kemmerer, WY 83101, 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: Fox Family Exemption Parcel A A parcel of land being the westerly half of Parcel FN -7 as shown on survey map 261 -A on record with the Lincoln County Clerk as Receiving No. 916795. Said Parcel FN -7 being that particular parcel conveyed from The Pittsburg Midway Coal Mining Co., to Fox Development, LP as recorded in book 622 on page 601 also on file with the Lincoln County Clerk, and being part of Tract 76 and part of Lots 6, 13 and 16 of Section 2 of the resurvey of T.21N., R.116W., 6 P.M., Lincoln County, Wyoming and being more particularly described as follows: Commencing at the northwest corner of Section 2 of the resurvey of T.21N., R.116W. where is found a standard U.S.G.L.O. brass cap; Thence N 89° 27' 42" E along the north township line of said T.21N., R.116W., a distance of 260.70 feet to corner number 4 of said Tract 76 where is found a standard U.S.G.L.O. brass cap; Thence S 89° 44' 06" E along said north township line of T.21N., R.116W., 838.65 feet to an angle point on said township line; said point being monumented by a stone. Thence N 89° 14' 09" E along said north township line 119.35 feet to a point on the south right of way boundary of Wyoming State Highway 233 where is found a 2" aluminum cap on 5/8" rebar stamped "CCI, PELS 5465, HWY ROW, JOG LT, 2005." Thence S 54° 49' 46" E along said south right of way boundary of Highway 233, 124.56 feet to the intersection of the west boundary line of Lot 7 of said Section 2 where is found a 2" aluminum cap on 5/8" rebar stamped, "CCI, PELS 5465, HWY ROW, LT, 2005." Thence continuing S 54° 49' 46" E, 1340.00 feet along the south right of way boundary of said Highway 233, to a point where is found a 2" aluminum cap on 5/8" rebar stamped, "CCI, PELS 5465, FN 5/FN 6, ROW, 2005." Thence S 54° 49' 46 "E, 764.55 feet along said southerly right of way boundary of said Highway 233 to the Point of Beginning of this description. Said point being monumented with a 2" aluminum cap on 5/8" rebar stamped, "CCI, PELS 5465, FN 6/ FN 7, ROW, 2005." Thence continuing S54 °49'46 "E along the south right of way boundary of said Highway 233 a distance of 366.88 feet to a point where is found a 2" aluminum cap on 5/8" rebar stamped, "CCI, PELS 5465." Thence S13 °49'24 "W a distance of 2038.54 feet to a point on a curve to the left of the north right of way boundary of Lincoln County Road 12 -234 where is found a 2" aluminum CCI cap on 5/8" diameter rebar stamped "CCI, PELS 5465." Thence 49.79 feet along the arc of said curve to the left, the radius of which is 577.46 feet and having a central angle of 4° 56' 26" to the point of the curve to a spiral (CS). The chord of said curve to the left being 49.78 feet which bears N89° 24' 47 "W. Said CS being monumented by a 2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465, CS, LC 234, ROW, 2005." Thence along the arc said spiral curve to the left through a central angle of 9° 37' 40" a distance of 177.27 feet to a point on the spiral and the intersection of the N -S centerline of said Section 2. The chord of said spiral curve bears S 80° 55' 54" W and being 177.06 feet in length. Said point on the spiral being monumented by a 2" aluminum cap on 5/8 diameter rebar stamped "CCI, PELS 5465, POC, LC 234, ROW, 2005." 00088 Thence N 0° 01' 14" E, 859.81 feet to the C 1 /4 of said Section 2 being monumented by a Uinta Engineering Land Surveying, Cloey C. Wall, 3" aluminum cap on 2 1/2" aluminum pipe stamped appropriately and dated 1992; Thence N 16° 51' 06" E, 1419.37' to the point of beginning of this description. Said parcel contains 17.61 acres more or less. Together with all and singular the improvements thereon or thereunto appertaining 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. In the event MORTGAGOR fails to pay such taxes and assessments as herein provided, MORTGAGEE may pay such taxes and assessments and all sums so paid shall be added to and considered a part of the indebtedness hereby secured. In case default shall be made in the payment of the above sums hereby secured, the MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale and/or as otherwise authorized by governing law, to foreclose on and sell the Property. 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. MORTGAGOR warrants title to the Property as to parties claiming, by, through or under MORTGAGOR only. WITNESS our hand this1 day of 441a20L5T 2012. State of )ss. County of L. The foregoing instrument was acknowledged before me, a notary public in and for said County and State, by Jesica Fox Lozier and Jacob Lozier, this day of c&LL U 2012. WITNESS my hand and official seal. l V i�es: 14 -1- A T s. e I coutnyon -y A V B LIG ;4„ Nt lI IIIIM 1 :77 Jacob Lozier