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HomeMy WebLinkAbout866943BOOK 448 PR PAGE 4 5 5 SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION. RECEIVED _11\4001 NI C,romd`rs' 866943 00JUL I 1 I I,: _O MORTGAGE DEED a A i v N NE R I(EMMERER, WYOMINQ Fred Hillyard and Linda Hillyard, Husband and Wife, mortgagor, of Lincoln County, State of Wyoming, to secure the payment of ($56,000.00) Fifty -Six Thousand Dollars, due July 11, 2010 with interest thereon at the rate of (8.5 eight and one -half percent per year (said sum, and the interest thereon being referred to as the "indebtedness payable in accordance with the provisions of that certain promissory note, dated June 27, 2000, hereby mortgage and warrant to mortgagee, Ivan K. Tippetts and Mary A. Tippetts, Trustees of the Ivan K. and Mary A. Tippetts Family Trust dated February 17, 1981 of 283 South 400 West, Hurricane, UT 84737 the following described real estate, situated in the County of Lincoln, in the State of Wyoming, to wit: Mortgagors agree to pay the indebtedness according to the terms of said promissory note, and, during the life of this mortgage, to pay all taxes and assessments on the premises and to keep the improvements thereon insured against fire and other hazards in a sum not less than by such insurance as mortgagee may approve, with the proceeds thereof made payable to mortgagee. If mortgagors fail to pay such taxes or assessments or fail to keep the premises insured, mortgagee may pay the same and may insure the premises, and all sums paid by mortgagee for such purposes shall be added to and considered as part of the indebtedness and shall draw interest at the same rate. If default occurs in the payment of the indebtedness or in the payment of any installment thereof, or if default occurs in any of the covenants and agreements thereof, then the whole indebtedness shall, at mortgagee's option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by advertisement and sale of the above described premises at public vendue according to Wyoming statutes, or by an action in equity. Out of the proceeds of any foreclosure sale, mortgagee shall retain or receive all sums due to it hereunder, and costs of foreclosure and sale, including attorney fees in an amount equal to ten percent of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in any equitable action brought to foreclose this mortgage. To fully assure mortgagee the benefit of the security interest in the premises granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy of the premises by any person in possession thereof with mortgagors' consent. If default occurs in any of the covenants and agreements therein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof, mortgagee shall at once be entitled, and is hereby authorized to collect the rents from the premises and to apply the same to the payment of the indebtedness secured hereby until such default is remedied. •000z `aunt jo ,Cep MD MAIM Bpufl pue ptuiCIIiH paid kti aut atopaq paSpaiMoulou suns 2uaunulsu! &utoSaloJ a a ptnXII'H uput-I •X.zadoad jo aim uodn iin3 ui anp sI pun aiquutnsse lou st aSugpoysi stay lututoiCM Jo arms age Jo smut uopdutaxa puaisautog atp jo amain Aq pun Japun slg2u Iiu 2u!A!1M pun 2u!seaiat Alan"' •s anSpout &q paruasuoo Alarm! Sutaq uopuoiiddu rims uodn .tantaoai a jo )uauqutodde age pun paniunn Xgataq 2utaq aotiou `aopou inogntm `uoieoiidde aped xa uodn uogotpsunf iumadutoo jo moo /Cue Aq paiuioddu aq .tantaoat Wits °mui Act papinoad pot.tad anpdutapar Cu u jo £tidxa alp or ainejap jo amp am utotu pang) ward pug swiss! 'mar pug sasiutatd am ao3 .tantaoat o2 papt2ua aq Hugs aa5e22tout 'am pun atnsopaloj jo moo pun ssaupalgapui age amps ip of joaiatp Souaptjjns all JO `sasiutaad OM JO amen agl `stoM2tout JO i(ouaniosut Jo Souanios an 01 maw i lnotp!m Iqgu jo Jamul u su pun `noel pun a2i lout sigh u! Joj papinord aspn°tagio saipauiat am or uopippu ui pun `aiouuatpind •asodtnd 2eqp o2 aiuudoidde 2utpaaoozd Irmo Jagwo 10 uot2ae wuar maafa ue joataga /Ciantiap prima iieuz as rSpoui `1ojatatp 4sanbaz sit uodn Xpdutoad aaa2tout of uotssassod ions iapuauns ipu3 pin stogauout 3i .Aug 3i `uopdutapai jo pottad aq� pug autpaaooad atnsopatoj jo iCouapuad age &uunp pun aoj pun rinupap gaps jo aunp aqi uto tj joatag2 si joid pug sansst `swat 2uapoui atp pun sastutatd age jo auaut,Cofua pug uotssassod aq� of pappua aq imp aa2e2 tout `2inulap uodn aegpout stgp jo aansopaloj jo Juana am uI 99P rt7C99NO :sandxg uotsstututo3 RCN leas moujo pug pueq Cut ssauitM upouri jo I2uno3 2ututoICM Jo awls pppz `aunt Jo Cup tie mil spueg ano ssau2tM EXHIBIT A 45"1 A portion of the NW'%SE'% of Section 35, T33N R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: THE TRUE POINT OF BEGINNING being the iron pipe marking the Northwest corner of Lot 3, of the Ivan Tippetts Subdivision, Lincoln County, Wyoming, said point being 22.19 feet, S 0 °08'42" E to a Spike, 66.59 feet, S 89 °46'03" W to the iron pipe marking the Northeast corner of said Lot 3 and 155.78 feet, S 89 °43'55" W, along the North line of said Lot 3, said point also being 223.51 feet, S 84 °02'45" W from the Aluminum Cap on Rebar marking the Northeast corner of said NW'�4SEI (CE 1/16 S35); thence South and West, along the West line of said Ivan Tippetts Subdivision, to Iron Pipes the following: South, along the West line of said Lot 2, 185.60 feet to the Northeast corner of Lot 2; West, along the North line of said Lot 2, 240.00 feet to the. Northwest corner of said Lot 2; South, along the West line of said Lot 2, 363.00 feet to the Southwest corner of said Lot 2, being a point in the North line of Lot 1; West, along said North line, 27.85 feet to the northwest corner of said Lot 1; and, South, along the West line of said Lot 1, 210.00 feet to the southwest corner of said Lot 1, being the Southwest corner of said Ivan Tippetts Subdivision and a point in the North line of the Broadhead property referred to in the Deed filed in Book 322PR on page 3 in the records of Lincoln County Clerk; thence S 87 °58'53" W, along said Broadhead North line, 390.46 feet to the Aluminum Cap on Rebar marking the Northeast corner of said Broadhead property, being a point in the East line of the Green property referred to in the Deed filed in Book 387PR on page 459 in said records; thence N 0 °31'08" E, along said East line, 49.69 feet to iron pipe marking the Northeast corner of said Green property; thence S 89 °29'01" W, along the North line of said Green property 209.38 feet to the iron pipe marking the North Corner between said Green property and Patrick property referred to in the Deed filed in Book 373PR on page 601 of said records; thence S 89 °23'35" W, along the North line of said Patrick property, 233.65 feet to the iron pipe marking the Northwest corner of said Patrick property, being a point in the Center line of Worton Lane County Road 12 -132 R/W, also being a point in the West line of said NW'4 SE'4 thence North, along said West line, 488.69 feet to the iron pipe marking the Southwest corner of the Johnson property referred to in the Deed filed in Book 289PR on page 336 of said records; thence N 89 °58' 10" E, along the South line of said Johnson property, 167.28 feet to the iron pipe marking the Southeast corner of said Johnson property; thence North, along the East line of said Johnson property, 260.82 feet to the iron pipe marking the Northeast corner of said Johnson property, being a point in the South line of Lot 9, of the Hyde Park Subdivision, Lincoln County, Wyoming; thence N 89 °58'49" E, along said South line and extending along the South line of Lots 8, 7 and 6, 620.60 feet to the iron pipe marking the Southeast corner of said Lot 6, being the Southeast corner of said Hyde Park Subdivision, also being a point in the West line of the Azevedo property referred to in the Deed filed in Book 262PR on page 614 of said records; thence S 0 °12'03" W, along said West line 24.25 feet to the Aluminum Cap on Rebar marking the Southwest corner of the Azevedo property; thence N 89 °43'54" E, along the South line of said Azevedo property, 312.84 feet to the TRUE POINT OF BEGINNING. LESS AND EXCEPT the land contained in Quitclaim Deed recorded August 18, 1994 in Book 356PR on page 149 of the records of Lincoln County Clerk.