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HomeMy WebLinkAbout971955This document is being recorded as a courtesy by Hometown Title, Ltd. Benjamin Critchfield and Hollie Critchfield, husband and wife, whose address is P.O. Box 1752, Afton, WY 83110 as (herein collectively called "Mortgagor to secure the payment of $40,000.00 with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the (the ultimate maturity date of which is July 12, 2018 and all renewals, modification and extensions thereof, do hereby mortgage unto Carl J. Harris and Shannon E. Harris, husband and wife of .P.O. Box 37, Afton, WY 83110 (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: Lot 5 of Shooting Star Subdivision, Lincoln County, Wyoming as described on the official plat filed July 18, 1995 with Instrument No. 805315 of the records of the Lincoln County Clerk. 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. Mortgagor agrees to provide evidence to the Mortgagee of the payment of the property taxes. In the event Mortgagor fails to pay such taxes or assessments as herein provided Mortgagee may pay such taxes and assessments, and all sums 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 proceeding, 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 61 of July, 2013. STATE OF WYOMING )ss. COUNTY OF LINCOLN Witness my hand and official seal. My Commission Expires: MORTGAGE Hollie Critchfield t 1 1,114 foregoing instrument was acknowledged before me by Benjamin Critchfield and Hollie Critchfield, on the day of July, 2013. Notary Public RECEIVED 7/12/2013 at 10:54 AM RECEIVING 971955 BOOK: 815 PAGE: 428 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0428