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HomeMy WebLinkAbout871127MORTGAGE DEED 871127 poo _a 9 PI PAGE -1J 6 Jerry L. Greenfield, Patricia G. Greenfield, David A. DeCoria, and Roxanne A. DeCoria mortgagors, of Lincoln County, State of Wyoming, to secure the payment of ONE HUNDRED THOUSAND AND NO /100 DOLLARS, due February 1, 2004 with interest thereon at the rate of NINE percent per year (said sum, and the interest thereon, being referred to as the "indebtedness payable monthly in accordance with the provisions of that certain Note, dated February 2, 2001, hereby mortgage and warrant to mortgagee, Lincoln- Uinta Revolving Loan Fund of Lincoln County, State of Wyoming the following described real estate, situated in the county of Lincoln, in the State of Wyoming, to-wit: Parcel 1: Lot 3 of the Budd -M -Rich Subdivision, Lincoln County, Wyo on the official plat thereof.. Parcel 2: Lot 4 and the East half of Lot 5 of Block 37 of the First Addition to the Kemmerer, Lincoln County, Wyoming as described on the official plat thereof. Mortgagors agree to pay the indebtedness according to the terms of said Note, and, duri life of this mortgage, to pay all taxes and assessments on the premises and to provide adequate hazard insurance policies covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and form sufficient to prevent mortga from becoming a co- insurer and issued by companies satisfactory to the Lender, with the proceeds thereof made payable to the mortgagee. If mortgagors fail to pay such taxes or assessments or fail to keep the premises insured, mortgagee may pay the same and may insure the premises, and all sums paid by mortgagee for such purposes shall be added to and considered as a part of the indebtedness and shall draw interest at the same rate. 140.EASE Op O L ng as,re iribMort gage th If default occurs in the payment of the indebtedness or in the payment of any installment thereof, or if default occurs in any of the covenants and agreements hereof, then the whole indebtedness shall, at mortgagee's option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by advertisement and sale of he premises as provided by statute, or by action in equity. Out of the proceeds of any foreclosure sale, mortgagee shall retain or receive all sums due to it hereunder, and costs of foreclosure and sale, including reasonable attorney fees. To fully assure the mortgagee the benefit of the security interest in the premises granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy of the premises by any person in possession thereof with mortgagors' consent. If default occurs in any of the covenants and agreements herein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof, mortgagee shall at once be entitled, and is hereby authorized, to collect rents from the premises and to apply the dame to the payment of the indebtedness secured hereby until such default is remedied. In the event of foreclosure of this mortgage upon default, mortgagee shall be entitled to the possession and enjoyment of the premises and the incident rents, issues, and profits thereof from the time of such default and for and during the pendency of foreclosure proceedings and CFJVEO t..INCUNTY CLERK 01 FEB -2 PH to 15 JEANNE WAGNER f'KEMMERER, WYOMING the period of redemption, if any. If mortgagors should fail to surrender such possession to mortgagee promptly upon its request therefor, mortgagee may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. Furthermore, and in addition to the remedies otherwise provided for in this mortgage and by law, and as a matter of right, without regard to the solvency or insolvency of mortgagors, the value of the premises, or the sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the expiry of any redemptive period provided by law. Such receiver may be appointed by any court of competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application being hereby consented to by mortgagors. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws oft4e State of Wyoming. Witness our hands this 2nd day of February, 2001. Jerrv_L Greenfield Patricia G. Greenfield Witness my hand and official seal My commission expires: February 2, 2002 °,i 4 "..,4"1 David A. DeCoria Avi" Roxanne A. DeCoria State of Wyoming County of Lincoln The foregoing instrument was acknowledged before me by Jerry L. Greenfield Patricia G. Greenfield, David A. DeCoria, and Roxanne A. DeCoria this 2nd day of February, 2001. 137