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HomeMy WebLinkAbout971796y C e ui c r7 Order No.: ATEC 180913 00 7rf'r X MORTGAGE Cody R Hyde and Steven Tye Norton and Verdis L Norton of 996 E. 13800 S. Draper, UT 84020, (herein collectively called `MORTGAGOR to secure the payment of $360,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is June 28, 2019) and all renewals, modification and extensions thereof, do hereby mortgage unto Marsha Transtrum of Morristown, AZ 85342 (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: West Half Southwest Quarter of Section 34, Township 33 North, Range 119 West, 6th P.M. Lincoln County, Wyoming, and a portion of Lot 4 of Section 5, Township 32 North, Range 119 West, 6th P.M. Lincoln County, Wyoming, as follows: Commencing on the North boundary line of Section 5 at a point which is 40 rods East from the Northwest corner of Lot 4; and running thence East along section line 569.1 feet to the centerline of the Stump Creek Road, thence along road centerline South 53 °04' West 272.2 feet, thence along road centerline South 67 °30' West, 273.2 feet, thence continuing along road centerline South 57 °09' West, 118 feet, thence North 332.1 feet to the place of beginning. 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. ,,O Witness our hands this �b day of 2013 Co c; Steven Tye Norton Verdis L Norton RECEIVED 7/1/2013 at 3:30 PM RECEIVING 971796 BOOK: 814 PAGE: 790 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Order No.: ATEC 180913 MORTGAGE 00791 Cody R Hyde and Steven Tye Norton and Verdis L Norton of 996 E. 13800 S. Draper, UT 84020, (herein collectively called `MORTGAGOR to secure the payment of $360,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is June 28, 2019) and all renewals, modification and extensions thereof, do hereby mortgage unto Marsha Transtrum of Morristown, AZ 85342 (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: West Half Southwest Quarter of Section 34, Township 33 North, Range 119 West, 6th P.M. Lincoln County, Wyoming, and a portion of Lot 4 of Section 5, Township 32 North, Range 119 West, 6th P.M. Lincoln County, Wyoming, as follows: Commencing on the North boundary line of Section 5 at a point which is 40 rods East from the Northwest corner of Lot 4; and running thence East along section line 569.1 feet to the centerline of the Stump Creek Road, thence along road centerline South 53 °04' West 272.2 feet, thence along road centerline South 67 °30' West, 273.2 feet, thence continuing along road centerline South 57 °09' West, 118 feet, thence North 332.1 feet to the place of beginning. 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 Ioss 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 ,2.2 day of (/,t I•�SL 2013 Cody R Hyde Steven Verdis L Norton STATE OF 4A) County of y This instrument was acknowledged before me on cag day of June, 2013 by Cody R. Hyde My commission expires: c 0 c9 0 /6 Q i.o 'Or ol,U''r ualpd OUIU,IOIM Jo aluIS My commission expires: uolst ll W )O <W WoDui1 to /tuno3 01'11311J AEIVLON NOSHVI'11 1"11r County of STATE OF County of This instrument was acknowledged before me on My commission expires: R� M t.9N NOTARY PUBLIC County of State of Lincoln l A Wyoming My Commission Expires June 20, 2015 Notary Public Notary Public 00Th2 This instrument was acknowledged before me on day of June, 2013 by Steven Tye Norton day of June, 2013 by Verdis L. Norton STATE OF County of This instrument was acknowledged before me on My commission expires: STATE OF L1 County of S,4, l c_ This instrument was acknowledged before me on 7_. g day of June, 2013 by Steven Tye Norton My commission expires: 0t- t S" 2 1 S 1,1 SARAH BETH BAILEY NOTARYPUBLIC•STATE OF UTAH COMMISSION* 608705 COMM. EXP. 04.154015 STATE OF U -r'i VI County of c Loi I- e This instrument was acknowledged before me on 2`d day ofJune, 2013 by Verdis L. Norton My commission expires: OH{ l S O l S SARAH BETH BAILEY NOTARY PUBLIC •STATEOF COMMISSION* 608 COMM. EXP. 04154 day ofJune, 2013 by Cody R. Hyde Notary Public 1\lo ary Public Notary Public 00'1h3