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HomeMy WebLinkAbout970267Laci Goodwin fka Laci Mitchell of Grand Junction, Colorado, (herein collectively called `MORTGAGOR to secure the payment of $150,000.00, with interest thereon, as provided in and evidenced by a promissory note of April 1,2008, herewith (the ultimate maturity date of which is May 1, 2038) and all renewals, modification and extensions thereof, do hereby mortgage unto Bruce Johnson and EiLene of Afton, Wyoming, (herein called "MORTGAGEE the following described real property, situate in the County of Lincoln, State of WY, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to -wit: "SEE ATTACHED EXHIBIT A" 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 time. 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. Witness our hands this c2 q day of Q ,20 13 State of Wyoming County of Lincoln This Instrument was acknowledged before me "CA, a q 2013, BY Ofaie..t.) JILL R LARSON NOTARY PUBLIC County of State of Lincoln v Wyornino My Commission Expires June 20, 2015 MORTGAGE RECEIVED 4/1/2013 at 2:43 PM RECEIVING 970267 BOOK: 808 PAGE: 131 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY NotarVPublic 1 re)- id-d on 013 "Err A" A tract of land situate within the SE1 /4NE1 /4 of Section 15, Township 31 North, Range 119 West, Lincoln County, Wyoming, more particularly described as follows: BEGINNING at a point which is 313,5 feet (19 rods) east from the northwest corner of the SE1 /4.NE1 /4 of Section 15; and ruining Tl IENCE.east a distance of 924 feet (56 rods); THENCE south. a distance of 260 feet; TI west, a distance of 430 feet; THENCE northwesterly, along the easterly bank of the Salt River West Canal, aka Salt River Canal, a distance of 277 feet, more or less, to a point which is 1 rod south and 41 rods east of the said SE1 /4NE1/4 of Section 15; THENCE west a distance of 363 feet (22 rods); THENCE north a distance of 16,5 feet (1 rod) to the point of beginning; ENCLOSING an area of 3,12 acres, more or less; RESERVING, HOWEVER, a one -rod right -of -way for access and underground utilities to be shared between the parties named above, along the north line of the above described tract, with boundaries as follows: BEGINNING at a point on the Bitter Creek County Road that is 313.5 feet (19 rods) east of the northwest corner of the SE1 /4NE1/4 of Section 15, and running THENCE east a distance of 924 feet (56 rods) to the east boundary of the above described tract; THENCE south a distance of 16.5 feet (1 rod); THENCE west a distance of 924 feet (56 rods); THENCE north a distance of 16.5 feet (1 rod) to the point of beginning. 1401 'w Known us: 4710 Ulm Cry. Rd. 140 A(lon Wyoming 83110 A portion of Section 15, T31N R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described-as follows: COMMENCING at a point which is 19 rods east and 12 rods south from the northwest corner of the SENNE% of said Section 15 and running thence East 22 rods; thence Southeasterly along the course of the Salt River Weat Canal, 29 rods; thence Weat 22 rods, to the County Road; thence Northwesterly, along the County Road to the POINT OR BEGINNING. 00.33