HomeMy WebLinkAbout968333Affidavit Affecting Title
I, Katherine Rosas, being of lawful age and duly sworn according to law, upon
my oath, depose and state:
That Diane P. McDonald executed a mortgage in favor of Norma C. Lidell
Revocable Trust dated February 11, 1990, dated October 7, 1992 and recorded October
9, 1992, at Book 318PR, Page 569, in the amount of $10,000.00.
Said Mortgage secured a Promissory Note which disclosed the terms and
conditions thereof.
That the aforementioned Promissory Note and Mortgage were paid in full on
May 1, 1996.
That Norma C. Lidell, Trustee of the Norma C. Lidell Revocable Trust dated
February 11, 1990, stated that "all provisions of this mortgage have been satisfied and is
hereby released to Diane P. McDonald" on the last page of the original recorded
mortgage. Said statement was notarized. Norma C. Lidell, Trustee, marked
Promissory Note "Paid in Full 5 -1 -1996 on the last page of the original note. Said
statement was notarized. The original Mortgage and Promissory Note, reflecting such,
are hereby attached.
That this affidavit is filed for the purpose of making said matter of public record.
Dated this 5th day of December, 2012.
State of Wyoming
County of Lincoln
)ss.
77 (1 2A\
OF VT
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My Commission Expires: Lo) 5) 1
Rocky Mountain Title Insurance Agency
Katherine Rosas
President
Subscribed and sworn to before me, a notary public in and for said County and
State, by Katherine Rosas, President of Rocky Mountain Title Insurance, this day
of �o�rn 1�ac r-, 2012.
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dand official seal.
;COUNT cif iiNCOLNj
Notary Public
0079
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RECEIVED 12/5/2012 at 2:53 PM
RECEIVING 968333
BOOK: 799 PAGE: 791
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
r 318PR
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MORTGAGE 1
Re- recorded to show notarized statement of release o ►mast page
THIS MORTGAGE, made the
o .rwons:ak Oct... 9, 1992 A"1'. 9AM_
$20.00
day of October, 1992 to be
effective the 9th day ot October, 1992, between Diane P. McDonald
of Ogden, Utah, hereinafter referred to as the "Mortgagor" and
Norma C. Liddell Revocable Trust dated February 11, 1990 of Salt
Lake City, Utah, hereinafter referred to as "Mortgagee
The Mortgagor, for and in consideration of the sum of TEN
THOUSAND DOLLARS ($10,000.00) lawful money of the United States and
other valuable consideration, loaned to the Mortgagor by the
Mortgagee, the receipt of which is hereby 'confessed and
acknowledged, does hereby mortgage to the Mortgagee forever, the
following described real and personal property situate in the
County ot Lincoln, State of Wyoming:
Lot 17, Grand View Enterprises, Inc., Tract 1 as shown
on the official plat thereof filed with the County
Clerk at Kemmerer, Wyoming.
Together with all buildings and improvements thereon, or which may
hereafter be placed thereon; all fixtures now or hereafter attached
to said premises; and all easements, appurtenances and incidents
now or hereafter belonging or appertaining thereto; subject,
however, to all covenants, conditions, easements, and
rights -of -way, and to mineral, mining and other exceptions,
reservations and conditions of record.
TO HAVE AND TO HOLD the said real and personal property
forever, the Mortgagor hereby relinquishing and waiving all rights
under and by virtue of the homestead exemption laws of the State of
Wyoming.
Mortgagor covenants that at the signing and delivery of this
Mortgage, said Mortgagor is lawfully possessed ot said personal
property; is lawfully seized in fee simple of said real property,
or has such other estate as is stated herein; has good and lawful
right to mortgage, sell and convey all of said property; and
warrants and will defend the title to all ot said property against
all lawful claims and demands, and that the same is free from all
encumbrances.
0079'
However, tnis Mortgage is subject to the express condition
that if the Mortgagor pays, or causes to be paid, to the Mortgagee
the sum of TEN THOUSAND DOLLARS ($10,000.00), together with
interest thereon at the rate of nine percent (9%) per annum from
the 9th day of October, 1992, until paid, according to the
conditions of a Promissory Note of even date, which Promissory Note
was executed and delivered by the Mortgagor to the Mortgagee, which
sum or sums ot money the Mortgagor hereby covenants to pay, and
until such payment, performs all of the covenants and agreements
herein to be performed by Mortgagor, then this Mortgage and said
note shall cease and be null and void.
Mortgagor and Mortgagee turther covenant and agree as follows:
1. Payment. Mortgagor shall pay the indebtedness as herein
provided, and the lien of this instrument snail remain in full
force and effect during any postponement or extension of time ot
payment of any part of the indebtedness secured hereby.
2. Prepayments. The Mortgagor shall have the privilege of
paying any principal sum or sums plus accrued interest, in addition
to the payments herein required, at any time without premium or
penalty of any kind, and it is understood and agreed that any such
prepayment shall be credited first to interest and the balance to
principal in the inverse order of when due.
3. Transfer of the Property. It all or any part of the
property or any interest therein is sold or transferred by any
means by Mortgagor without Mortgagees prior written consent,
excluding the creation ot a lien or encumbrance subordinate to this
Mortgage or a transfer by devise, descent or by operation of law
upon the death of a joint tenant, Mortgagee may, at Mortgagee's
option, declare all the sums secured by this Mortgage to be
immediately due and payable. Any delay or failure on the part of
the Mortgagee to demand payment shall not prejudice the Mortgagee's
right thereto. Mortgagee shall have waived such option to
accelerate it, prior to the sale or transfer, Mortgagee at
Mortgagee's sole discretion, enters into a written agreement with
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the person whom the property is to be sold or transferred setting
forth any new terms or conditions ot this Mortgage as may be
requested by the Mortgagee in exchange tor the Mortgagee agreeing
to an assumption ot this Mortgage.
4. Taxes and Assessments. Mortgagor shall pay all taxes and
assessments levied or assessed against said property.
5. Maintenance of Property. Mortgagor shall not commit or
permit waste, nor be negligent in the care of said property, and
shall maintain the same in as good condition as at present,
reasonable wear and tear excepted, and will do nothing on or in
connection with said property which may impair the security of the
Mortgagee hereunder. Mortgagor shall not permit said property, or
any part hereof, to be levied upon or attached in any legal or
equitable proceeding, and shall not, except with the consent in
writing of the Mortgagee, or as is otherwise provided and permitted
in this Mortgage, remove or attempt to remove said improvements or
personal property, or any part hereof, from the premises on which
the same are situated.
6. Mortgagee Authorized to Make Payments. If Mortgagor
defaults in the payment of the taxes, assessments or other lawful
charges, including any construction loan payments, the Mortgagee
may, without notice or demand, pay the same, and it the Mortgagor
tails to keep said property in good repair, the Mortgagee may make
such repairs as may be necessary to protect the property, all at
the expense ot the Mortgagor. The Mortgagor covenants and agrees
that all such sums of money so expended, together with all costs of
enforcement or foreclosure, and a reasonable attorney fee, shall be
added to the debt hereby secured, and agrees to repay the same and
all expenses so incurred by the Mortgagee, with interest thereon
tram tree date of payment at the same rate as provided in the note
hereby secured, until repaid, and the same shall be a lien on all
of said property and be secured by this Mortgage.
7. Default. If the Mortgagor defaults in the payment ot the
indebtedness hereby secured, or any part or installment ot
principal or interest, tor a period ot triirty (30) days atter the
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00795
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same shall become due and payable, or it the Mortgagor removes or
attempts to remove any of said improvements or personal property
contrary to the provisions of his Mortgage, or in case of breach of
any covenant or agreement herein contained, the whole of the then
indebtedness secured hereby, both principal and interest, together
with all other sums payable pursuant to the provisions hereof,
shall, at the option of the Mortgagee, become immediately due and
payable, anything herein or in said note to the contrary notwith-
standing, and failure to exercise said option shall not constitute
a waiver of the right to exercise the same in the event of any
subsequent default. The Mortgagee may enforce the provisions of,
or foreclose, this Mortgage by any appropriate suit, action or
proceeding at law or in equity, and cause to be executed and
delivered to the purchaser or purchasers at any foreclosure sale a
proper deed of conveyance of the property so sold. The Mortgagor
hereby grants the Mortgagee the power to foreclose by advertisement
and sale as provided by statute. All remedies provided in this
Mortgage are distinct and cumulative to any other right or remedy
under this Mortgage or afforded by law or equity and may be
exercised concurrently, independently or successively. The
Mortgagor agrees to pay all costs of enforcement or foreclosure,
including a reasonable attorney tee. The failure of the Mortgagee
to promptly foreclose upon a default shall not prejudice any right
of said Mortgagee to foreclose therafter during the continuance of
such default or right to foreclose in case of further default or
defaults. The net proceeds from such sale shall be applied to the
payment of: first, the costs and expenses of the foreclosure and
sale, including a reasonable attorney fee, and all moneys expended
or advanced by the Mortgagee pursuant to the provisions of this
Mortgage; second, all unpaid taxes, assessments, claims and liens
on said property, which are superior to the lien hereof; third, the
balance due Mortgagee on account of principal and interest on the
indebtedness hereby secured; and the surplus, it any, shall be paid
to the Mortgagor.
rents,
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8. Sufficiency of Foreclosure Proceeds. If the property
described herein is sold under foreclosure and the proceeds are
insufficient to pay the total indebtedness hereby secured, the
Mortgagor executing the note or notes for which this Mortgage is
security shall be personally bound to pay the unpaid balance, and
the Mortgagee shall be entitled to a deficiency judgment.
9. Assignment of Rents. If the right of foreclosure accrues
as a result of any default hereunder, the Mortgagee shall at once
become entitled to exclusive possession, use and enjoyment of all
property aforesaid, and to all rents, issues and profits thereof,
from the accruing of such right and during the pendency of
foreclosure proceedings and the period of redemption, and such
possession, rents, issues and profits shall be delivered
immediately to the Mortgagee on request. On refusal, the delivery
of such possession, rents, issues and profits may be enforced by
the Mortgagee by any appropriate suit, action or proceeding.
Mortgagee shall be entitled to a Receiver for said property and all
issues and profits thereof, after any such default,
including the time covered by foreclosure proceedings and the
period of redemption, and without regard to the solvency or
insolvency of the Mortgagor, or the then owner of said property,
and without regard to the value of said property, or the
sufficiency thereof to discharge the Mortgage debt and foreclosure
costs, fees and expense. Such Receiver may be appointed by any
court of competent jurisdiction upon ex parte application, notice
being hereby expressly waived, and the appointment of any such
Receiver on any such application without notice is hereby consented
to by the Mortgagor. All rents, issues and profits, income and
revenue of said property shall be applied by such Receiver
according to law and the orders and directions of the court.
10. Inspection. Mortgagee may make or cause to be made
reasonable entries upon and inspections of the property, provided
that Mortgagee shall give Mortgagor notice prior to any such
inspection specifying reasonable cause therefor related to
Mortgagee's interest in the property.
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damages,
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00797
11. Condemnation. The proceeds of any award or claim tor
direct or consequential, in connection with any
condemnation or other taking of the property, or part hereof, or
for conveyance in lieu ot condemnation, are hereby assigned and
shall be paid to Mortgagee. In the event of a total taking of the
property, the proceeds shall be applied to the sums secured by this
Mortgage with the excess, if any, paid to Mortgagor. In the event
of a partial taking of the property, unless Mortgagor and Mortgagee
otherwise agree in writing, there shall be applied to the sums
secured by this Mortgage such proportion of the proceeds as is
equal to that proportion which the amount ot the sums secured by
this Mortgage immediately prior to the date of taking bears to the
fair market value ot the property immediately prior to the date of
taking, with the balance of the proceeds paid to Mortgagor. If the
property is abandoned by Mortgagor, or if, atter notice by
Mortgagee to Mortgagor that the condemnor otters to make an award
or settle a claim tor damages, Mortgagor fails to respond to
Mortgagee within 30 days after the date such notice is mailed,
Mortgagee is authorized to collect and apply the proceeds, at
Mortgagee's option, either to restoration or repair of the property
or to reduce the sums secured by this Mortgage. Unless Mortgagee
and Mortgagor otherwise agree in writing, any such application of
proceeds to principal shall not extend or postpone the due date of
the installments referred to above or change the amount of such
installments.
12. Statement. That the Mortgagor, within ten (10) days upon
request in person or within thirty (30) days upon request by mail,
will furnish a written statement duly acknowledged of the amount
due on this Mortgage and whether any offsets or defenses exist
against the mortgage debt.
13. Notices. That notice and demand or request shall be in
writing and may be served either in person or by certified mail,
return receipt requested, notice shall be deemed given when mailed
and shall be addressed as follows or at such other address as
either party may from time to time designate in writing:
Mortgagor: Diane P. McDonald
1120 Canyon Rd. #13
Ogden, UT 84404
Mortgagee: Norma C. Liddell, Trustee
2316 E. Wren Haven Lane
Salt Lake City, UT 84121
convenience only and are not to be used in its construction.
15. Binding Effect and Construction.
contained shall bind,
to, the respective
administrators, succe
heirs, devisees,
Ina S
14. Headings. The headings used in this Mortgage are for
The covenants herein
and the benefits and advantages shall inure
legatees, executors,
ssors and assigns of the parties hereto.
Whenever used the singular number shall include the plural, the
plural the singular, and the use of any gender shall include all
genders. The term "note" includes all notes herein described if
more than one. The terms "foreclosures" and "foreclose as used
herein, shall include the right of foreclosure by any suit, action
or proceeding at law or in equity, or by advertisement and sale of
said premises, or in any other manner now or hereafter provided by
Wyoming statutes, including the power to sell.
i 16. Release. The acceptance ot this mortgage and the note or
notes it secures, by the Mortgagee shall be an acceptance of the
terms and conditions contained therein. Upon payment ot all sums
secured by this Mortgage, Mortgagee shall release this Mortgage
without charge to Mortgagor. Mortgagor shall pay all costs of
recordation, it any.
17. Waiver of Homestead. Mortgagor hereby relinquishes and
waives all rights under and by virtue ot the homestead exemption
laws of the State of Wyoming.
IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and
sealed these presents the day and year first above written.
STATE OF UTAH
ss.
COUNTY OF WEBER
The foregoing instrument was acknowledged before me by Diane
P. McDonald this cl of October, 1992.
WITNESS my hand and official seal.
My Commission Expires:
PUBLIC
5 OF UTAH
My Common Expos
August 7, 109
L B. CUNNINGHAM
twos South 900 East MI
Sea Like City, Utah 84117
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(6 nt,e:,a4,(
Diane P. McDonald
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Notaty
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00710
PROMISSORY NOTE
recorded to show notarized statement of release on last page
$10,000.00
Alpine, Wyoming
October 9, 1992
0
For value received the undersigned promises to pay to the
order ot Norma C. Liddell, Trustee of the Norma C. Liddell
Revocable Trust dated February 11, 1990, ot 2316 E. Wren Haven
Lane, Salt Lake City, Utah 84121, the sum of Ten Thousand Dollars
($10,000.00), in lawful money of the United States ot America, with
interest thereon computed from the date hereof at the rate of nine
percent (9 per annum payable in 60 monthly installments of
principal and interest in the amount of One Hundred Twenty Six
Dollars and Sixty Eight Cents ($126.68) (based on a ten (10) year
amortization), together with a lump sum payment of the principal
balance remaining at the end ot the 5th year, the first of such
installments due and payable on the 9th day of November, 1992, and
like installments ot principal and interest being due and payable
on the same day ot each month for 59 months thereafter. At the end
ot the 5th year, there shall be due and payable, in addition to the
60th and final monthly payment, a lump sum payment of the remaining
principal balance in the amount of Six Thousand One Hundred Two
Dollars and Forty Cents ($6,102.40) plus accrued interest, if any.
This note may be prepaid at any time without premium or
penalty of any kind, and it is understood and agreed that any such
prepayment shall be credited first to interest and then to
principal in the inverse order of when due.
This note is secured by a Mortgage of even date herewith
executed by the undersigned and is subject to all terms and
conditions thereof.
It is expressly agreed that if any detault is made in payment
ot any principal sum or interest, the interest snall become part of
the principal and shall draw interest at the same rate as principal
until collection. If any default is made in the above required
payment of principal and accrued interest, and such detault is not
cured within thirty (30) days ot written notice thereof, all the
principal sum above specified, with all accrued interest shall, at
the election of the holder hereof, become at once due and payable.
In the event of default, all makers and all sureties, endorsers and
guarantors agree to pay the costs of collection, if any, including
a reasonable attorney's fee.
The undersigned and all sureties, endorsers and guarantors
hereof hereby waive demand, presentation, protest and notice of
dishonor hereon. This note shall be the joint and several
obligation ot all makers, sureties, guarantors and endorsers, and
shall be binding upon them and their successors and assigns.
i !PUBLIC
,•rtary, :iQe4"dEOF�
L. B CUNNINGHAM
Salt lake Oh Utah 1411?
00804
Diane P. McDonald
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