HomeMy WebLinkAbout966320WA— 9 p,
WILLIAM D. PENN
RECEIVED 8/20/2012 at 4:34 PM
RECEIVING 9663
BOOK: 792 PAGE: 63
COUNTY OF LINCOLN JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
I, William D. Penn, being duly sworn on oath, depose and state as follows:
STATE OF WYOMING
AFFIDAVIT AFFECTING TITLE
ss.
1. That your Affiant is over the age of 21 and a resident of Klamath Falls, Oregon.
2. That your Affiant together with his wife Paula J. Penn executed a mortgage in favor of
Loren E. Morey and W. Jean Morey (mortgagee) recorded October 8, 1981 in Book
181PR on page 444 with Instrument No. 566660 in the Office of the County Clerk for
Lincoln County for the following described real property:
Lot 269, Lake View Estates Subdivision, as shown on the official plat thereof, in the office
of the Clerk of Lincoln County, Wyoming.
3. That all payments were made according to the terms of the Promissory Note through First
Interstate Bank of Utah, N.A. (Escrow Holder).
4. That your Affiant has made an effort to contact the mortgagee but has been unable to
locate them to obtain a Release of Mortgage.
5. That your Affiant attaches the original Promissory Note marked paid on October 1, 1991
by the Escrow Holder.
6. That the attached promissory note should be sufficient evidence that the mortgage was
paid off on October 1, 1991.
7. That this Affidavit is made in conformance with Wyoming Statute §34 -11 -101.
Further your Affiant sayeth naught.
WITNESS my hand this day of August 2012.
Subscribed and sworn before me this day of August, 2012 by William D. Penn.
Witness my hand and official seal.
My commission exp 0, kn aty
Notary Public
SHEU.EY SAMAti. NOTARY PUBIC
County of SIMI of
Lincoln t WPIN
0000
$30,000.00
FOR VALUE RECEIVED, the undersigned, William•D. Penn and Paula J. Penn•,
husband and wife, as tenants by the entireties, "Maker promise to pay to Loren
E. Morey and W. Jean Morey, husband and wife, as tenants by the entireties of
1889 South 2600 East, Salt Lake City, Utah 84108, in lawful money of the United
States of America, the principal sum of Thirty Thousand Dollars ($30,000.00)
together with interest on the unpaid balance from the date hereof until paid
at the rate of twelve (12) percent per annum, said payments to be made to the Trust
Department, First Interstate Bank, Escrow Division, P.O. Box 30169, Salt Lake City,
Utah 84142.
1) Principal and Interest. The principal and accrued interest shall be
paid in installments as follows: $430.41 per month or more on November 1, 1981 and
like amounts on the 1st day of each month thereafter until October 1, 1991 at which
time the entire unpaid balance of principal and interest shall be paid in full.
2) Events of Default. In the event:
a) Any payment has not been made in full within ten (10) days
after written notice to Maker that such payment was not made when due; or
b) Maker defaults in the performance of any covenant or promise
contained herein or in any instrument given to secure the payment of the obligations
evidenced hereby and fails to cure such default within the time, if any, provided
for in the instrument concerned, but in no event shall the same be considered a
default hereunder until twenty (20) days have elapsed after written notice to Maker;
or
c) A petition is filed seeking that the Maker be adjudged bankrupt; or
d) Maker hereof makes a general assignment for the benefit of
creditors; or
e) Maker becomes insolvent; or
f) Maker suffers the appointment of a receiver.
Then, in any such event, the entire remaining unpaid balance of both principal and
interest owing hereunder shall, at the option of the Holder hereof and without demand,
become immediately due and payable, subject to the provisions of Paragraph 3 herein.
3) Right to Cure of Third Party. In the event of any default, as defined
in Paragraph 2 herein, Payee shall mail a notice to any person whom Maker has
designated by notice to Payee. Such person shall have the right, but not the
obligation, to cure any such default within thrity (30) days after notice of default
is given. The cure of any such default shall be deemed as effective as a cure by
Maker.
PROMISSORY NOTE
00061
Alpine, Wyoming
October 1, 1981
4) C,)sts an d Attorr Fees. In the event that an;' under
this Note is not made or any obligation provided to be satisfi—-- performed
under any instrument given to secure the obligation evidenced hereby is not
satisfied or performed, at the time and in the manner required,
the undersigned
agrees to pay any and all costs and expenses (regardless of the particular nature
thereof and whether or not incurred in connection with litigation before or
after judgement) which may be incurred by the holder thereof in connection with
the enforcement of any of its rights under this Note, including court costs and
reasonable attorney's fees.
5) Waiver. The maker, sureties, endorsers, and guarantors hereof
severally waive presentment for payment, protest, demand, notice of protest,
notice of dishonor, and notice of nonpayment, and expressly agree that this
Note or any payment hereunder, may be extended from time to time by the Holder
hereof without in any way affecting the liability of such parties.
6) Remedies. No remedy herein conferred upon the Payee or any Holder
hereof is intended to be exclusive of any other remedy, and each and every such
remedy shall be sumulative and shall be in addition to every other remedy given
hereunder, or now or hereafter existing at law or in equity by statute or
otherwise. No course of delaying between Maker and Payee or any Holder hereo
or any delay on the any lenderxorcanynHolder. g f
hereunder shall operate as
7) Prepayment. Maker reserves the right at any time to prepay, in
whole or in part, the principal or interest without penalty.
8) Applicable Law. This Note shall be governed by and construed in
accordance with the laws of the State of Wyoming.
9) Successors and Assigns. This Note shall
b the jointsandlseveral
obligation of all makers, sureties, guarantor and
rs and
binding upon their respective heirs, t Rnstrumenteonebehalflofstheuunde� signed
assigns. Each person executing this
individually or personally that
instrument s i gned in the name o f the undersigned
secure the obligations evidenced thereby isdinnaall
espects binding upon the
undersigned as an act and obligation of s
0 P.c,‘,,,
William D. Penn
/4ti. -6
Paula J. Penn