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HomeMy WebLinkAbout87034402013933 RECEIVED LINCOLN COIJN` )r CLERK 1300K ',f- PR PAGE 070344 00 DEC I 9 0 MORTGAGE JEAN NE WAGNER KEMMERER, WYOMING CLINTON D. GUTHRIE and DEBORAH A. GUTHRIE, husband and wife Mortgagors of Jackson County of Teton State of Wyoming, hereby mortgage to GENE EPPLER and PEGGY EPPLER, husband and wife Mortgagees of PMB 288, Suite 10, 1329 U.S. Highway 395 N, Gardnerville, NV 89410 for the sum of SEVENTY -SEVEN THOUSAND NINE HUNDRED TWENTY ONE AND 48/100 DOLLARS ($77,921.48) the following described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption it: op SEE ATTACHED EXHIBITS "A" AND "B" This mortgage is given to secure the following indebtedness: Two notes of even date herewith for a total of $77,921.49 made payable at the times and place and at the rate of interest specified in the note. This mortgage is intended to cover the rents and profits of said property, and consent is hereby given after default, for the appointment of a receiver by any competent court and the receiver is hereby authorized to rent the said property and apply the proceeds on this obligation. The Mortgagors agree to keep the buildings now on said premises or hereafter erected thereon fully insured against loss by fire in some fire insurance company approved by the mortgagee, with loss, if any payable to mortgagee, during the life of this mortgage. The Mortgagors also agree to pay all taxes and assessments on said premises, including any assessments that may be levied on water rights or shares of stock used in connection herewith, or held as collateral with the above note; also any tax that may be assessed by reason of this mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the commencement of any legal proceedings for foreclosure of the same, and said attorney's fees shall be added to the amount due on this mortgage, and made a lien on the premises described herein. In case of default in the payment of any sum covenanted to be paid, either the principal or interest when the same shall become due and payable, or in case of default in the performance of any covenant herein contained, the whole amount of this indebtedness secured herein may be immediately declared due and payable, and to bear interest at the rate of 10 percent per annum from the date of such default, and this mortgage foreclosed at the option of the legal holder. In the event of default, Mortgagors grant to Mortgagees a Power of Sale to foreclose on and sell said property as public auction pursuant to 34 -4 -101 et seq. Wyo. Stat., 1977, or its successor. WITNESS the hand of said mortgagor, this 1 day of December A.D. 2000 Signed in the presence of State of Wyoming County of Teton On the `i` day of December A.D. 2000, personally appeared before me, Clinton D. Guthrie and Deborah A. Guthrie, the signers of the within instrument, who duly acknowledged to me that they executed the same. Commission expires: Feb. 26, 2002 Residing in: Jackson LAND TITLE COMPANY Clinton D. Guthrie t 1 Deborah A. 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A portion of a land division map previously recorded as "PARCEL #7 (HOLDEMAN /ANKER /HUNOLD) In Book 292PR Page 188 Document NO. 726065 on November 26, 1990. AS RECORDED AS A SUBDIVISION MAP KNOWN AS DELL CREEK RANCHES ON MARCH 22, 1991. DOCUMENT 730096 BY LINCOLN COUNTY CLERK. THIS PARCEL BEING KNOWN AS "TRACT 2" ON SAID MAP. A parcel of land in the 9 1/2 of Section 15, T36N, R119W, 6th P.M, Lincoln County, Wyoming, more particularly described as follows: Commencing at the section corner common to Sections 14, 15, 22, 23: thence N89 degrees57'S3 "W, 2333,17 feet to the true point of beginning; thence NO2degrees21'43,4 "E, 1315.94 feet; thence N87degrees17'40.3 "W, 660.34 feet more or less to the easterly right -of -way of Highway 89; thence 902degrees20'25 "W along the highway right -of way 1346.19 feet to the south line of Section 15, said point marked by a 3" brass cap also being a corner of Aspen Hills Subdivision; thence S89degreesS2'47.5 "E, 348.56 feet to the S 1/4 corner of Section 15; thence S89degrees57'53 "E, 311.78 feet more or Tess to the true point of beginning. Said parcel known as "Parcel #7" contains 20,17 acres more or less. Tract 2 contains 5.42 Acres more or less. Said parcel subject to the following described access easement: A 60 -foot easement being 30 feet either side of the following described centerline; commencing at the S 1/4 corner of Section 15; thence N89degrees52'47.5 "W, 348.56 feet; thence NO2degrees20'25 "E, 951,03 feet more or Tess to the point of beginning, said point being on the westerly boundary of said parcel and easterly right -of -way line of Highway 89; thence N78degrees4S'1T "E, 679.24 feet to a point on the easterly boundary of said parcel. This is an exclusive private easement known as Dell Creek Road for Parcels 1, 2, 3, 4, 5 6 of the land division map lying due east of Tract 1 2 and for Tract 1 2 only for access. An easement of record on above recorded subdivision map for South Dell Creek Road of 30' on the most westerly boundary of said property for access and utilities easement for Tract 2, 3, 4. A 50' drainage easement as described on same said map. Reserving a garage easement of 80'x80' in the Northeast corner of Tract 2. This is an exclusive private easement for Parcels 1, 2 and 3 to the east of Tract 2 only for the sole purpose of building a garage for storage to be shared equally, by the owners of Parcel, l (Holleman), Parcel 2 (Anker) and Parcel 3 (Hunold) only. Subject to Declaration of Covenants, Conditions and Restrictions (CC &Rs) recorded March 22, 1991 in Book 295PR Page 97 Document 730097.