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HomeMy WebLinkAbout977076Alliance Title _J P O. Box 1367 ;rrnmerer. WY 83101 Order No.: ATEC- 230045 MORTGAGE Randy Lancaster and Mariah .Lancaster, of 2061 N. 8 St., Montpelier, ID. 83254, (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 November 30, 2023) and all renewals, modification and extensions thereof, do hereby mortgage unto The Clyde and Gladys Lancaster Family Revocable Trust, dated December 27, 2007, A. Clyde Lancaster and Gladys Lancaster, Trustees of Afton, WY 83110 (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: That part of the North Half South Half of Section 25, Township 31 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the office of the Clerk of Lincoln County in Book 647 of Photostatic Records on page 815, described as follows: BEGINNING at the Northeast spike of that tract of record in said Office in Book 647 of Photostatic Records on page 810, on the East line of said North Half South Half, South 416.57 feet, from the Northeast comer thereof; Thence South 88 °36'32" West 321.72 Feet, along the North line of said, tract, to the Northwest point thereof; Thence South, 207:61 feet, along the West line of said tract, to a point; Thence South 89 °31'48" West, 2349.05 feet, along a line parallel with the North line of said North Half South Half, to a point on an existing irrigation pipeline; Thence North 00 °17'36" East, 629.39 feet, along said irrigation pipeline, to a point on said North line; Thence North 89 °31'48" East, 2250.46 feet, along said North line, to a point; Thence South, 210.00 feet, along a line parallel with said East line, to a point; Thence North 89 °31'48" East, 417.00 feet, along a line parallel with said North line, identical with the Westerly extension of the South line of that tract of record in said Office in Book 595 of Photostatic Records on page 389, and along the South line of said tract, to the Southeast spike of said tract, on said East line;. Thence South, 206.57 feet, along said East line, to the Spike of Beginning. If all or part of the subject real 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 by accepting in writing an assumption agreement of the successor in interest, Beneficiary shall then release Grantor under this Mortgage and Note. 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 977076 6/18/2014 3:46 PM LINCOLN COUNTY FEES: $15.00 PAGE 1 OF 2 BOOK: 834 PAGE: 326 MORTGAGE JEANNE WAGNER LINCOLN COUNTY CLERK IIII 11 IIIIII IIII IIIIII IIIII II II III IIIII11111 IIIII II 11 111 I IIII II I III III III 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 Rand Lancaster 4MaAivpvk Mariah Lancaster State of i,f) y a9) )ss. County ofdf.A1 The foregoing instrument was acknowledged before me this 3 day of ,2014, by Randy Lancaster and Mariah Lancaster. 3 Witness my hand and official seal Notary Public: GL OR pc Jy'. y8 RX My commission expires: 9 GLORIA K. BYERS NOTARY PUBLIC County of Lincoln State of Wyoming My Commisson Expires September 15, 2015 day of 2014