HomeMy WebLinkAbout970745Order No.: ATEC 184079
MORTGAGE
Chet B Titensor and Shanelle Titensor and Phil G Neibaur and Kathleen B Neibaur, of P.O.
Box 96 Newdale, ID 83436, (herein collectively called 'MORTGAGOR to secure the payment
of $99,900.00, with interest thereon, as provided in and evidenced by a promissory note of even
date herewith (the ultimate maturity date of which is April 26, 2043) and all renewals,
modification and extensions thereof, do hereby mortgage unto Geoffrey Imlay of Olathe, CO
81425 (herein called "MORTGAGEE the following described real property, situate in the
County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by
virtue of the homestead exemption laws of the State of Wyoming, to -wit:
TRACT 1:
A portion of the property, as referred to in the Deed recorded in Book 452PR on page 94 with the
Office of the Clerk of Lincoln County, Wyoming within the East Half West Half of Section 4,
Township 31 North, Range 119 West of the 6th P.M., Lincoln County, Wyoming, the metes and
bounds being more particularly described as follows:
BEGINNING at the Lloyd B. Baker PE/LS 698 2006 location for the Southeast Corner of the
Northwest Quarter Southwest Quarter;
thence North 1 °39'53" East, along the East line of said Northwest Quarter Southwest Quarter,
1309.33 feet to the Lloyd B. Baker PE/LS 698 2001 location for the Southeast Corner of the
Southwest Quarter Northwest Quarter;
Thence North 1°38'23" East, along the Eat line of said Southwest Quarter Northwest Quarter,
208.10 feet;
thence North 89 °55'30" East, 1006.94 feet to the Northwest corner of the Mignano property as
referred to in Deed recorded in Book 573 on page 345 with said Office;
Thence South 7 °29'29" East, along the West line of said Mignano property and the Southerly
prolongation thereof, 787.78 feet;
Thence South 28 30'44" West, 823.78 feet to a point in the North line of the Southeast Quarter
Southwest Quarter of said Section 4;
Thence South 89 °00'23" West, along said North line, 760.53 feet to the POINT OF BEGINNING.
TRACT 2:
A portion of the Imlay property, as referred to in the Deed recorded in Book 649PR, on Page 147,
with the Office of the Clerk of Lincoln County, Wyoming, within the East Half West Half of
Section 4, Township 31 North, Range 119 West, 6th Principal Meridian, Lincoln County,
Wyoming, the boundary being more particularly described as follows:
Beginning at the Lloyd B. Baker PE/LS 698, 2001 location for the Southeast Comer of the
Southwest Quarter Northwest Quarter, of said Section 4; thence North 1 °38'23" East, along the
East line of said Southwest Quarter Northwest Quarter 208.10 feet to the Southwest Corner of the
Bankhead property, as referred to in the Deed recorded in Book 648PR, on Page 293, with said
w Office; thence North 89 °55'30" East along the South line of said Bankhead property, 1,006.94
feet to the Northwest Comer of the Mignano property as referred to in the Deed recorded in Book
2 W 573PR, on Page 345, with said Office; thence South 7 °29'29" East along the West line of said
d Mignano property 721.33 feet; thence South 89 °49'58" West 1,121.74 feet to a Point in the East
N -4. Et 2 line of the Northwest Quarter Southwest Quarter of said Section 4; thence North 1 °39'53" East,
h Ili Z Y along said East line, 509.33 feet, to the Point of Beginning.
M O Q Q tY
E, ri- J MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and
Q Z V charges levied against the property, as the same become due and payable; to secure, maintain and
c` Z furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers
Z I acceptable to MORTGAGEE, covering the insurance improvements on the Property against loss
Q D by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of
W W 0 the debt hereby secured, or the insurable value (replacement cost) of such improvements,
Y 0 whichever is less, which insurance shall contain an appropriate loss payable provision protecting
W 'Y O Z MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time.
m p In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain
W
a, Z such insurance as herein provided, MORTGAGEE may pay such taxes and assessments and may
J 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.
60499
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 day of April, 2013
SUBSCRIBED AND SWORN TO before me this day of April, 2013' by Chet B Titensor,
Shanelle Titensor, Phil G. Neibaur, and Kathleen B. Neibaur.
Witness my hand and official seal.
My commission expires:
â– Ilro
Nola blic
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