HomeMy WebLinkAbout973545WHEN RECORDED MAIL TO:
LANE V. ERICKSON, ESQ.
P.O. Box 1391
Pocatello, Idaho 83204 -1391
ASSIGNMENT OF PROMISSORY NOTE AND MORTGAGE
This ASSIGNMENT 9,F PROMISSORY NOTE AND MORTGAGE (hereafter
"Assignment is made this <jO day of September, 2013 by and between DELBERT
MARX, an individual, with his address of 40712 US Highway 89, Geneva, Idaho 83238;
and NANCY LYNNE MARX, as the Personal Representative of the Estate of Clyde
Marx, of 320 North 2' Street, Montpelier, Idaho 83254, (hereafter collectively
"Assignors and the following individuals: JONATHAN WILLY MARX, of 218 North
7 t' Street, Montpelier, Idaho 83254; ZANE ACE WIRTH, of 1545 Raymond Rd, Geneva,
Idaho 83238; EDWARD SYLVESTER WIRTH, of 236 South 8 Street, Montpelier,
Idaho 83254; and STEPHEN N. CAYWOOD ZANA FLO WIRTH- CAYWOOD, of
236 South 8 Street, Montpelier, Idaho 83254 (hereafter collectively "Assignees
RECITALS
WHEREAS Assignors currently hold a Promissory Note in their favor wherein
the Debtor, Bryce K. Boehme, an individual promised to pay to Assignors certain annual
1 i payments as set forth more fully herein;
WHEREAS Assignors secured the above described Promissory Note with a
Mortgage executed by the Debtor Bryce K. Boehme, dated February 21, 2007, as Lincoln
County Recorder's Instrument No. 926968, wherein said Debtor pledged certain real
property located in the County of Lincoln, State of Wyoming;
WHEREAS Assignors desire now to transfer and assign to Assignees all of their
rights, titles and interests in and to the above described Promissory Note and Mortgage;
and
WHEREAS Assignees desire now to obtain the transfer and assignment from
Assignors of said Promissory Note and Mortgage.
AGREEMENT
NOW WHEREFORE, with the foregoing recitals being incorporated and made a
part hereof, and in consideration of the mutual covenants and agreements herein
contained, it is hereby mutually acknowledged and agreed by and between the parties as
follows:
ASSIGNMENT OF PROMISSORY NOTE AND REAL ESTATE MORTGAGE
Page 1of4
RECEIVED 10/2/2013 at 2:58 PM
RECEIVING 973545
BOOK: 821 PAGE: 617
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
0617
In receipt of a payment from the Assignees in the sum of ONE HUNDRED FORTY
THREE THOUSAND, SEVENTY -ONE DOLLARS AND ZERO CENTS,
($143,071.00), Assignors, hereby assign to Assignees, all of its beneficial interests,
ownership, rights and title accrued or to accrue, without recourse, to the following:
1. That certain Promissory Note dated February 21, 2007, wherein the Debtor,
Bryce K. Boehme, an individual promised to pay to Assignors the total sum of
$284,152.50, by and through annual payments beginning on March 1, 2008, in the
sum of $28,308.86, and continuing on each and every March 1st thereafter for a
period of 15 years, with an interest rate of 5.5% per annum. Said Promissory Note
shall be delivered in its original form to be held in possession by Assignees.
Assignors hereby expressly acknowledge and agree that any and all remaining
annual payments with interest, that are due and owing from the date set forth herein,
shall be made by Debtor to Assignees as identified above.
2. That certain Real Estate Mortgage to secure the above described Promissory
Note in the amount shown below in and to the real property described in said
Mortgage and all obligations secured thereby. Said Real Estate Mortgage is
identified by and includes the following:
Amount: $284,152.50
Dated: February 21, 2007
Mortgagor: BRYCE K. BOEHME
Mortgagees: DELBERT W. MARX, an individual, and
CLYDE A. MARX, an individual
Recorded: February 22, 2007, Lincoln County, Wyoming Recorder's
Instrument No. 926968, Book 649, Page 448,
Jeanne Wagner, Lincoln County Clerk.
Said Mortgage applies to the real property described more fully therein which is situated
in LINCOLN COUNTY, State of Wyoming and which is described more particularly as
follows:
LOT ONE (1) AND TWO (2), W1/2NE1/4 AND NEi/4NE' /4 SECTION 1,
T 27 N, RANGE 120 W AND LOT FOUR (4), SW'/4NW'% AND
NW' SW' /4 SECTION 6, T 27 N, RANGE 119 W, 6 P.M. WYOMING.
CONTAINING 311.40 ACRES MORE OR LESS.
ALSO:
LOT THREE (3) SECTION 6, T 27 N, RANGE 119 W, AND W'/2SE' /4,
E'ASW'/4, NW' /4SW' /4 AND S'/2NW' /4 SECTION 31, T 28 N, RANGE
119 W, 6 P.M. WYOMING. CONTAINING 320.05 ACRES MORE
OR LESS.
ASSIGNMENT OF PROMISSORY NOTE AND REAL ESTATE MORTGAGE
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0618
SUBJECT TO ALL RESTRICTION, RESERVATIONS, COVENANTS,
TOWN ORDINANCES, AND EASEMENTS, AND RIGHT OF WAYS,
OF RECORD OR VISION.
In the event of a breach of this Assignment by either party hereto, the non-
breaching party shall be entitled to recover from the breaching party all of the non-
breaching party's costs, expenses and attorney's fees incurred as a result of or in
connection with such breach.
This Assignment may not be modified except by means of a writing that is dated
and signed by both Assignors and Assignees hereto. This Assignment shall be binding
upon and shall inure to the benefit of the respective heirs, successors and assigns of the
parties. This Assignment shall be construed and enforced according to the laws of the
State of Wyoming.
This Assignment may be executed in duplicate originals, each of which will be
deemed one and the same Assignment, and which will become effective when both
parties have executed an original.
This Assignment shall be immediately recorded, and Assignors hereby expressly
acknowledge and agree that it will execute all other loan documents, security agreements,
acknowledgements, fmancing statements or any other loan document(s) not specified
herein necessary to accomplish the terms and conditions of this Assignment.
Both Assignors and Assignees have been represented by legal counsel of their
own choosing. Neither party has been induced to enter into this Assignment by means of
any representations or statements not expressed herein.
ASSIGNORS:
DELBERT W. MARX
,4A' V 1.
CLY r E A. by NANCY LYNNE RX
Personal Representative of the Clyde A. Marx Estate
ASSIGNMENT OF PROMISSORY NOTE AND REAL ESTATE MORTGAGE
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0019
U9 /28 /2013 3 FAX 12088473888
STATE OF IDAHO ss
COUNTY OF BEAR LAKE
On this day of
2013, personally appeared before me
DELSERT W. MARX named as one of the ASSIGNORS, in This Assignment
Agreement, who duly acknowledged or o the ed he individually execut
h xedtthis Assignment
of promissory Note and Mortgag
NOTARY PUBLIC
Residing at
Matte expires; LL f t
STATE OF IDAHO
COUNTY OF BEAR LAKE
NOTARY PUBLIC
BRENDA WRIGHT
STATE OF IDAHO
ZANA FLO WIRTI -CA,XWOOD
SUPER
5S
day pn this
da of 2013, personally appeared before me
NANCY LYNNE MARX as re named as one in t�1e Assignment
MAF,X, which said individual is
Agreement Said NANCY LYNNE MARX duly acknowledged to me that She executed.
this Assignment of Promissory Note and Mortgage in favor of the Assignees named
herein by and through her capacity and as the aothorized Personal Representative of the
Estate of Clyde A. Marx, the same as if he has signed said Agreement himself.
NOTARY PUBLIC
Residing at rP
Date expires: _4'1
ZANE ACE WIRTH
ASSIGNMENT OF PROMISSORY NOTE AND REAL ESTATE MORTGAGE
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