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HomeMy WebLinkAbout975446Order No.: ATEC- 220510 MORTGAGE Pure Offroad, Inc. of P.O. Box 83 Smoot, WY 83126, (herein collectively called `MORTGAGOR to secure the payment of $58,500.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is February 1, 2029) and all renewals, modification and extensions thereof, do hereby mortgage unto C. Dennis Walton and Carolyn Walton Family Trust, dated October 5, 2011, C. Dennis Walton and Carolyn Walton, Trustees of Smoot, WY 83126 (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: Beginning at a point which is 290 feet South and 66 feet West from the Northeast corner of Section 6, Township 30 North, Range 118 West, 6th P.M., Lincoln County, Wyoming and running thence West 80 'h feet, thence North 290 feet, thence East 80 'h feet, thence South 290 feet to the Point of Beginning. 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. Witness our hands this &C day of February, 2014 resident/Director Pure Ode L ncer Engla Natalya I'LL oil 0g1. 'r ce President r N 0 w c� Y ce w U 0o W r O ix 8' O z N w N z w LL {IJ J zQ W. a z oN Q- �o zco d J w d 0 z r. 0 Q C+ J m w State of Wyoming )ss. County of Lincoln The foregoing instrument was acknowledged before me this day of February, 2014, by Spencer England President/Director and Natalya England, Vice President of Pure Offroad, Inc.. Witness my hand and official seal Notary Public: G'GOR/, My commission expires: GLORIA K. t3YERS NOTARY PUBLIC County of State of Lincoln (T.) q Wyoming My Commisson Expires September 15, 2015 13YE1 S 9 /g' -/z