HomeMy WebLinkAbout870751RECaTi VEu
LiNCQL 1 COUNTY CLERK
01 JAN 12 k i l l 147
k1ANNE. t r R t �f''vt1�
KEMMERER, WYOMING
LAVOR RAY JENKINS and BARBARA JENKINS, Mortgagors, of 3823 Freedom North Road,
}3004 Yx PAGE 2 L 0
870751
MORTGAGE
freedom, Wyoming 83120, to secure the payment of EIGHTY THOUSAND DOLLARS ($80,000.00) due (the
indebtedness), payable in accordance with the provisions of that certain Loan Agreement dated November 15,
2000, hereby mortgage and warrant to THOMAS BONIFACE, Mortgagee, of Route 3, Birchwood Drive, Pine
Bush, New York 12566, the following described real estate situated in the County of Lincoln, State of Wyoming,
to -wit:
Southwest quarter of the Southwest quarter (SW' /aSW' /a) Section 34, Township 35 North, Range
119 West of the 6th P.M., Wyoming; Northwest quarter of the Northwest quarter (NW1/4NW1/4)
(Lot 4), Section 3; North half of the North half of the Northeast quarter (N' /2N'/2NE' /4); North half
(N1/2) (Lot 3), Section 4, Township 34 North, Range 119 West of the 6th P.M., Wyoming.
EXCEPTING THEREFROM the North half of the North half (N1/2N1/2); Northeast quarter (NE' /4)
and North half (N) (Lot 3) of Section 4, a tract beginning at a point 40 rods North of Southwest
corner of said Lot 3; thence 53 rods East; thence North 8 rods; thence West 53 rods; thence South
8 rods to point of beginning.
ALSO EXCEPTING from the North half of the North half of the Northeast quarter (N1/2N1/2NE1/4)
and North half (N1/2) (Lot 2) of Section 4, a tract beginning at a point 66 rods North of Southwest
corner of said Lot 3; thence 335 feet East; thence 170 feet North; thence West 335 feet; thence
South 170 feet to point of beginning.
TOGETHER with all improvements, water rights and mineral rights, consisting of approximately
130 acres, more or less.
The Mortgagors agree to pay all taxes and assessments on said premises.
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 the premises as provided by statute, or by an 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
This document is being recorded
by Southwest Title Company
as a courtesy only.
08'70'2
211
attorney fees in an amount equal to ten percent of the indebtedness remaining unpaid at the time of such sale, the
same to be taxed as costs in any equitable action brought to foreclose this mortgage.
To fully assure Mortgagee the benefit of the security interests int he 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 the rents from the premises and to apply
the same 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 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 expiration
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 of the State
of Wyoming.
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0870751
Witness our hands this 10 day of January, 2001.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by 1 aVor Ray Jenkins and Barbara Jenkins this
I' day of January, 2001.
Witness my hand and official seal.
My Commission Expires:
C9 31 loo 9
ROD R. JENSEN
County of
Lincoln
Commission Ex
Notary Public
State of
Wyoming
October 31, 2004
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