HomeMy WebLinkAbout973102Order No.: ATEC- 200558
MORTGAGE
Steven Anaya and Jean Anaya
of 190 Quaking Aspen Way Etna, WY 83118, (herein collectively called `MORTGAGOR to
secure the payment of $85,000.00, with interest thereon, as provided in and evidenced by a
promissory note of even date herewith (the ultimate maturity date of which is September 1, 2023)
and all renewals, modification and extensions thereof, do hereby mortgage unto End -IRA, Inc.
FBO Donald L. Azevedo, IRA of Louisville, CO 80027 (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 Five (5) and Lot Six (6) of Block Four (4) of the Van Noy Park Subdivision recorded
September 10, 1916 at Map Number 185 in the Office of the Clerk, Lincoln County, Wyoming
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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.
If all or any part of the subject property, or an interest therein is sold, conveyed or contracted to
be sold or transferred in the future by agreement without the Beneficiary's prior written consent,
excluding transfer by devise, descent or operation of law, the Beneficiary may, at Beneficiary's
option, declare all sums secured by this Mortgage to be immediately due and payable. If the
Beneficiary shall waive the option to accelerate as provided in writing an assumption agreement
of the successor in interest, Beneficiary shall then release Grantor under this Mortgage and Note.
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 3 day of September, 2013
Jean Anaya
RECEIVED 9/5/2013 at 10:52 AM
RECEIVING 973102
BOOK: 819 PAGE: 581
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State of a)c/�n,{,n -a9
J )ss
County of® ,vyt,c0e/e
The foregoing instrument was acknowledged before me this 3 day of September, 2013, by
Steven Anaya and Jean Anaya.
Witness my hand and official seal
Notary Public: G'LO, J/ j 43yE
My commission expires: 9 /,5 /S"
GLORIA K. BYERS NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commisson Expires September 15, 2015
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