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Home My WebLink About869358e MON 17 :22 FAX a72 541 474? F 1' ASSOC DIRECT After Recording Please Return Tee; Associates Herr Equity Services, Inc. 8333 P.idgepoint Drive a i r Irving TX 75063 y Attn Closing Dept 6 t7 REAL ESTATE MORTGAGE 0U (f r i i i c This Mortgage is made on Oeta),:er 23, 9 et,a�e WILLIAM R. SPAUIDING J l v I SPAILDLN[1, husband and wife J j q 1.+E.til,r, a herein call td the Mortgagors, whether one or more, and Associates Home Dquity Services, Irlc, BOOK__.___tipR PAGE 8 3 2 herein called Mortgagee, with an address of 14415 S. 50th Street, Suite 100, Phoenix, AZ 85044 WITNESSETIl: Mortgagors jointly end severally grant, bargain, sell, convey and mortgage to Mortgagee, its successors and assig,ts, the real property hereinafter described as security for the payment of a No of even date herewith executed by Mortgegors in favor of and delivered to Morrgegee in the principal amount of S 41, 459.96 with interest thereon as provided in the Note and a maturity date of Ne r 2020 The property hereby mortgaged, and described below, includes improvements and fixtures now oe hereafter attached together with easements, rights, privileges and interests, TO RA VEANf TO HOLD the said property hereinafter described, with all the privileges and appurieutnces thereunto belonging unto Mortgagee, its successors and assigns, forever; and Mortgagors .hereby covenant that Mortgagors are seised of good and perfect tide to said property in fee simple and have authority to convey the same, that the title so conveyed is clear, free and uttetutitmbcre4 except as hereinafter appears rand that Mortgagors will forever warrant and defend the same unto Mortgagee against all claims whatsoever except those prior encumbrances, if any, hereinafter shown, If Mortgagors shall eallyperform all rho terms and conditions of this Mortgage and shall pay in full, in accordance with its tarns, the obligations which this Mortgage secures, then title Mortgage shall be null, void and of no further force and effect. MORTGAGORS AGREE: To keep the mortgaged property, including the buildings and improvements thtxcon, fully insured 4t all times against all hazards with an insurance company authorized to do business in the State of Wyoming acceptable to Mortgagee, which policy shall contain a loss payable clause in favor of Mortgagee as its interest may appear, and if Mortgagors fed• so to do they hereby authorize Mortgagee to insure or renew insurance on said property in a suet not exceeding the amount of Mortgagors' indebtedness for a period not exceeding the term of such indebtedness, and to charge Mortgagors with the premium thereon, or to add such premium to Mortgagors' indebtedness, if Mortgagee elects to waive such insurance, Mortgagors agree to t,e fully responsible for damage or tones 'vaulting from any cause whatsoever. Mortgagors agree that any sums advanced or expended by Mortgagee for the protection or prelervatton of the property shall be repaid upon demand and if not so paid shall be secured. hereby. Mortgagors further agree: To pay all taxes, assessments, bills for repairs and any other expenses incident to the ownership of the mortgaged property when due in order that no lien superior to that of this Mortgage and not now existing may be created against the property during the term of this Mortgage and to pay, when due, all installments of interest and principal on account of any indebtedness which may be secured by a lien superior re the lion of this Mortgage and existing on the date dereof. If Mortgagors fail to make any of the foregoing payments, they hereby authorize Mortgagee to pay the same on their beduf, and to charge Mortgagors with the amounts so paid, adding the sane to Mortgagors' indebtedness eccruingg Interest at the same rate then charged on the principal seeuted hereby. 'fo exercise due diligence in the operation, management and occupation of the mortgages property and improvements thereon. and not to commit or allow waste on the mortgaged promises and to beep the morrgagerl property in its present condition and repair, normal awe ordinary depreciation excepted. To relinquish, release and waive all dower and homestead rights in and to said mortgaged premises. Mortgagors hereby release and waive all rights under and by virtue of the homestead exemption laws of the State of Wyoming. If Default be made io the terms or conditions of the debt or dells hereby secured or of any of the terms M ibis Mortgage, or In the payment of any installment when due, Of if Mortgagors shalt become bankrupt or insolvent, or make sn assignment for the benefit of creditors, or have a receiver appointed, or should the mortgaged properly or any par( thereof be attached, levied upon or Seised, or if any of the representations, warranties or statements of lvtanmagate herein contained be ineerreci or if the Mortgagors *hall Abandon the mortgaged pr pony, or sell or attempt to sell all or any part of the same, then the whoto amount hereby semited shall, at Mortgagee's option, become immediately due and payable upon Mortgagors' failure to cure any and all such defaultls) within thirty (30) days of Mortgagors' receipt of written notice of ,cucb default(s), and shall be colleceibie in a suit at law or by foreclosure of this Mortgage. In ane case, regardless of such enforcement, Morcgsgce shall be emitted to the immediate possession of the mortgaged property with the rents, issues, income and profits therefrom, with or without foreclosure or other proceedings, Mortgagors shall pay all costs which may be incurred or paid by Mortgagee in connection with any Suit or proceeding to which it may be a party by tceion of the execution, or existence of this Mortgage, and in the event of foreclosure of this Mortgage, Mortgagors will pay to Mortgagee, in edition to taxable costs, a reasonable attorney's fee and fete for the title search made and preparation for such foreclosure, together with all other and further expenses of foreclosure and sale, including expenses, fees and payments made to prevent or remove the imposition of hens cr claims against the property and expenses of upkeep and repair made in order to place lb: stare: in a condition to be sold. tee failure on the part of Mortgagee to exercise any of its rights hereunder for defaults or breaches of covenant shall be construed to prejudice Its rights in the event of any other subsequent defaults or breaches of covenant, and no delay on the pan of Mortgagee in exercising any of such rights shall be construed to preclude it from the exercise thereof at any time during the continuance of any such default or breach of covenant, and Mortgagee may enforce any one or more rowdies hereunder successively qr concurrently at its option. All rights and obligations hereunder shall extend to and be binding upon the several heirs, successors, executors, administrators and assigns of the parties hereto. The use of the words "Mortgagors' and "Mortgagee" throughout thus Mortgage includes the singular and the plural, the stale, female and neuter and shall be read as )Cis, nor, their or its as the case may be. voila 2036 WYOx1II4GREALESTATE MORTGACX 662012 Rev. 549A4 Pere 1 el 2 FD012WY1 12/97 008/0 28 10/23%00 ON 17:23 PAX 272 541 4749 P P ASSOC DIRECT The real propt•ty hereby mortgaged is located In Wyoming, and is described as follows: LINCOLN Dar oris^ RUNCREC FCJRT iC (114) IN STAR 'VALLEY RANCH? PLAT THREE (3) AS PLATI,;Q AND RL RED IN THE OFFICIAL RECORLS CF LINCOLN COUNTY, WYCYAI1' Also known as: 28 BUMMER, MAYNE, WY 83127 Title to said property is clear, free and unencumbered except: I. Curran Taxes and 2. N/A IN WITNESS WHEREOF, Mortgagors have executed this Mortgage on the day above shown. WILLIAM R. SP (Seal) U,0p S ALLD, ACKNOWLEDGMENT STATE OF WYOMING, County of Given under my hand and seal the day atld year last above written. FWttY2oo2e3 WYOMPIGR$AIL ESTATE MORTGAGE 662012 Rcr. .*9 -94 (Seal) •aorrcwa Page 2 of 2 My commission expires /0 -,2(07,2) v o to o 7.'028 County, State of „a i (Sent) borrow (Sell) •aorewr B fore inc the undersigned, a Notary Public, In and for said County and State, on this L day of V1 personally appeared WILLIAM R. S.PAULDING and Ab 'Y J. SPAULDING to me known to be rho identical persons who cxxuted the within and foregoing instrument and aeknowindged to me that tbcy executed the same as their free and voluntary act and deed for the uses and purposes therein set forth, Notary Public POO Wt2 12197 833