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HomeMy WebLinkAbout976259Order No.: ATEC- 226490 Joyce N. Draney and Lisa Paul (a.k.a Lisa Draney), as Co- Trustees to the Draney Family Trust, dated October 4, 2002 of 1926 Dry Creek Road Afton, WY 83110, (herein collectively called `MORTGAGOR to secure the payment of $70,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is October 10, 2014) and all renewals, modification and extensions thereof, do hereby mortgage unto Custom Construction, Inc. of Bedford, WY 83112 (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 5 of Triple T Ranches, Lincoln County, Wyoming of record in the office of the clerk of Lincoln County, with accession No. 939777. MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and charges levied against the property, as the salve 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 10 day of April, 2014 The Draney Family Trust dated October 4, 2002 N. Draney, Co Trus -e Paul a.k.a. Lisa Draney, Co Trustee See Attached Acknowledgment MORTGAGE 11111111IIIIII1111 Il IIIIIII II11 till1IM101I1111 I1I1 976259 4/22/2014 2:52 PM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 831 PAGE: 2 MORTGAGE JEANNE WAGNER LINCOLN COUNTY CLERK 11 State of Wyoming )ss. County of Lincoln The foregoing instrument was acknowledged before me this 10 day of Apri1, 2014 by A11444)105914 Lisa Paul a.k.a. Lisa Draney, Co- Trustee of the Draney Family Trust Witness my hand and official seal /9/ o Notary Public: GLcJRM /r. ,QY C My commission expires: 9 /5' /,S GLORIA K. BYERS NOTARY PUBLIC County of y1 State of Lincoln Wyoming My Commisson Expires September 15, 2015 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 State of California County of Cyan Q On)' 'Zip( before me, Date personally appeared Family Trust Place Notary Seal Above SARAH JEAN STRAUSS .4 Commission *2053136 .14 Notary Public California i Orange County 1 0 Comm. Extres Dec 23.2017 Signer r epresenting: Sara-11 Jean 5Mtc s5 /JZtry Ptt )lC. Here Insert Name and Title of the Officer P i an Co— Trustee of the Draney Na e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose names) is /aye subscribed to the within instrument and acknowledged to me that /she /t ey executed the same in *14s/her/t teir authorized capacity(ies), and that by #ie /her /their signature(e) on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature r .z°i la-64 ature of Not blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docum and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer Title(s): Individual Partner Limited General Attorney in Fact Trustee Guardian or Conserv. Other: Signer' lame: i/ Pages: orporate Officer Title(s): Individual Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: O 2012 National Notary Association NationalNotary.org 1- 800 -US NOTARY (1- 800 876 -6827) Item #5907