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HomeMy WebLinkAbout972619Order No.: ATEC 201326 MORTGAGE Patrick F Eibs of 6682 S Central Fork Lane Brighton, UT 84121, (herein collectively called `MORTGAGOR to secure the payment of $114,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is July 1, 2015) and all renewals, modification and extensions thereof, do hereby mortgage unto Norman C. Bos II and Diane K. Bos, Trustees (or successor Trustees) of The Norman and Diane Bos Family Trust, dated the 13th day of Feb, 1998. of Star Valley Ranch, WY 83127 (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 73, in Star Valley Ranch, Plat 9 as platted and recorded in the official records of Lincoln County, Wyoming. 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. Witne s our hands this g day of August, 2013 Witne F Eibs RECEIVED 8/13/2013 at 10:06 AM RECEIVING 972619 BOOK: 817 PAGE: 705 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0705 State of (.42q09-)-z-1/›-29 ss. County of The foregoing instrument was acknowledged before me this g day of 2013, by Patrick F. Eibs. lt.EaGi.Qt Witness my hand and official seal /41-Qa J —e/-- Notary Public: 6'4 0,2/ d9 k YENS My commission expires: 9 /5 GLORIA K. BYERS NOTARY PUBLIC County of ,F' State of Lincoln ',s Wyoming My Gommisson Expires September 15, 2015 0706