HomeMy WebLinkAbout876356ECEIVED
LINGOLN COUNTsti CLERK
iF N, :i..:
THIS MORTGAGE made this 1" day of October, 2001, between Steven Ray 0j: laitlw a. ';'I uml:G
single person, of LaBarge, Lincoln County; Wyoming, hereinafter referred to as "Mortgagor" and
Bruce L. Bradley and Carolyn J. Bradley, Trustees, U.D.T. dated April 30, 1997 of 1437 Joliet
Street, El Cajon, CA 92019, hereinafter referred to as "Mortgagee".
The Mortgagor, for and in consideration of the sum of twenty thousand dollars and
no cents ($25,000), lawful money of the United States, paid to the Mortgagor by the Mortgagee, the
receipt of which is hereby confessed and acknowledged, does hereby grant, bargain, sell and convey
to the Mortgagee forever, the following described real and personal property situate in Lincoln
County, Wyoming: L.. I N COL. i' COUNTY CLERK
g 7 43.G
The Lots 27, 28, 29 and 30 of B c 6 3f131t Town of LaBarg01 1 ii :3:
formerly Tulsa, Lincoln County, Wyoming as described on the
i
official plat thereof, together with all buildings, improvements and L- i '1 L.
appurtenances thereon situate on in anywise appertaining thereunto!' P
1a_47 prAGE-
0
MORTGATI 62 98
SUBJECT, however, to all mining, mineral and other exceptions,
reservations, covenants, conditions and rights-of-way of record orj:
use. A 7
1300K p PAGE 'x
claims and demands, and that the same is free from all encumbrances.
To have and to hold the said real and personal property forever, the Mortgagor hereby
relinquishing and waiving all rights under and by virtue of the homestead exemption laws of the
State of Wyoming.
Mortgagor covenants that at the signing and delivery of this mortgage, said Mortgagor is
lawfully possessed of said personal property; is lawfully seized in fee simple of said real property,
or has such other estate as is stated herein; has good and lawful right to mortgage, sell and convey
all of said property; and warrants and will defend the title to all of said property against all lawful
This mortgage is not assumable by any party or parties unless agreed to in writing I T' tl 1 d
Mortgagee.
However this mortgage is subject to the express condition that if the Mortgagor pays, or
causes to be paid, to the Mortgagee the sum of twenty -five thousand dollars and no cents
($25,000) together with interest thereon at a fixed rate of five percent (5 per annum from October
1, 2001, until paid, according to the conditions of one promissory note dated October 1, 2001, the
ultimate maturity date of which is October 1, 2011, which promissory note was executed and
delivered by Steven Ray Bradley, a single person, to the Mortgagee, which sum or sums of money
the Mortgagor hereby covenants to pay, and until such payment, performs all of the covenants and
agreements herein to be performed by Mortgagor, then this mortgage and said note shall cease and
be null and void.
Mortgagor and Mortgagee further covenant and agree asfollows:
1. Mortgagor shall pay the indebtedness as herein provided, and the lien of this
instrument shall remain in full force and effect during any postponement or extension
of the time of payment of any part of the indebtedness secured hereby.
Mortgagor shall pay all taxes and assessments levied or assessed against said
property.
3. Mortgagor shall not commit or permit waste, nor be negligent in the care of said
property, and shall maintain the same in as good condition as at present, reasonable
wear and tear excepted, and will do nothing on or in connection with said property
which may impair the security of the Mortgagee hereunder. Mortgagor shall not
permit said property, or any part thereof, to be levied upon or attached in any legal
or equitable proceeding, and shall not, except with the consent in writing of the
Mortgagee, or as is otherwise provided and permitted in this mortgage, remove or
attempt to remove said improvements or personal property, or any part thereof, from
the premises on which the same are situated.
4. As collateral and further security for the payment ofthe indebtedness hereby secured,
Mortgagor shall keep the improvements now existing or hereinafter erected on said
-2-
.c
ti 087 3 5
-3-
049
r
u 08
premises insured against loss by fire, with extended coverage provisions, in a sum
not less than twenty five thousand dollars and no cents ($25,000).
5. If Mortgagor defaults in the payment of the taxes, assessments or other lawful
charges or fails to keep the improvements on said premises insured as herein
provided, the Mortgagee may, without notice or demand, pay the same or effect such
insurance, and if the Mortgagor fails to keep said property in good repair, the
Mortgagee may make such repairs as may be necessary to protect the property, all at
the expense of the Mortgagor. The Mortgagor covenants and agrees that all such
sums of money so expended, together with all costs of enforcement or foreclosure,
and a reasonable attorney fee, shall be added to the debt hereby secured, and agrees
to repay the same and all expenses so incurred by the Mortgagee, with .interest
thereon from the date of payment at the same rate as provided in the note hereby
secured, until repaid, and the same shall be a lien on all of said property and be
secured by this mortgage.
6. If the Mortgagor defaults in the payment of the indebtedness hereby secured, or of
any part or installment of principal or interest, for a period of forty -five (45) days
after the same shall become due and payable, or if the Mortgagor removes or
attempts to remove any of said improvements or personal property contrary to the
provisions of this mortgage, or in case of breach of any covenant or agreement herein
contained, the whole of the then indebtedness secured hereby, both principal and
interest, together with all other sums payable pursuant to the provisions hereof, shall,
at the option of the Mortgagee, become immediately due and payable, anything
herein or in said note to the contrary notwithstanding, and failure to exercise said
option shall not constitute a waiver of the right to exercise the same in the event of
any subsequent default. The Mortgagee may enforce the provisions of, or foreclose,
this mortgage by advertisement and sale and /or any appropriate suit, action or
proceeding at law or in equity, and cause to be executed and delivered to the
purchaser or purchasers at any foreclosure sale a proper deed of conveyance of the
property so sold. The Mortgagor agrees to pay all costs of enforcement or
foreclosure, including but not limited to costs of sale and /or a reasonable attorney
fee. The failure of the Mortgagee to promptly foreclose upon a default shall not
prejudice any right of said Mortgagee to foreclose thereafter during the continuance
of such default or right to foreclose in case of further default or defaults. The net
proceeds from such sale shall be applied to the payment of (1s`) the costs and
expenses of the foreclosure and sale, including a reasonable attorney fee, and all
moneys expended or advanced by the Mortgagee pursuant to the provisions of this
mortgage; (2nd) all unpaid taxes, assessments, claims and liens on said property,
which are superior to the lien hereof; (3 the balance due Mortgagee on account of
principal and interest on the indebtedness hereby secured; and the surplus, if any,
shall be paid to the Mortgagor.
wt.i 7(:a 2)8 9 n 9
050
7. If the property described herein is sold under foreclosure, whether it be court ordered
or by advertisement and sale and the proceeds are insufficient to pay the total
indebtedness hereby secured, the Mortgagor executing the note or notes for which
this mortgage is security shall be personally bound to pay the unpaid balance, and the
Mortgagee shall be entitled to a deficiency judgment.
8. If the right of foreclosure accrues as a result of any default hereunder, the Mortgagee
shall at once become entitled to exclusive possession, use and enjoyment of all
property aforesaid, and to all rents, issues and profits thereof, from the accruing of
such right and during the pendency of foreclosure proceedings and the period of
redemption, and such possession, rents, issues and profits shall be delivered
immediately to the Mortgagee on request. On refusal, the delivery of such
possession, rents, issues and profits may be enforced by the Mortgagee by any
appropriate suit, action or proceeding. Mortgagee shall be entitled to a Receiver for
said property and all rents, issues and profits thereof, after any such default, including
the time covered by foreclosure proceedings and the period of redemption, and
without regard to the solvency or insolvency of the Mortgagor, or the then owner of
said property, and without regard to the value of said property, or the sufficiency
thereof to discharge the mortgage debt and foreclosure costs, fees and expense. Such
Receiver may be appointed by any court of competent jurisdiction upon ex parte
application, notice being hereby expressly waived, and the appointment of any such
Receiver on any such application without notice is hereby consented to by the
Mortgagor. All rents, issues and profits, income and revenue of said property shall
be applied by such Receiver according to law and the orders and directions of the
court.
9. The acceptance of this mortgage, and the note or notes it secures, by the Mortgagee
shall be an acceptance of the terms and conditions contained therein; and a duly
executed and delivered release of this mortgage by any one or more of the
Mortgagees shall be a valid and effective release as to all of said Mortgages, and of
said mortgage.
10. The covenants herein contained shall bind, and the benefits and advantages shall
inure to, the respective heirs, devisees, legatees, executors, administrators,
successors, and assigns of the parties hereto. Whenever used the singular number
shall include the plural, the plural the singular, and the use of any gender shall
include all genders. The terms "foreclosure" and "foreclose as used herein, shall
include the right of foreclosure by any suit, action or proceeding at law or in equity,
or by advertisement and sale of said premises, or in any other manner now or
hereafter provided by Wyoming statutes, including but not limited to the power to
sell.
-4-
-1).CkS 9 1 11
05.x.
IN WITNESS WHEREOF, this mortgage has been executed by the Mortgagors the date first
above written.
STATE OF WYOMING
COUNTY OF LINCOLN
ey
STEVEN RAY BRADLEY e."'
On this 1 day of October, 2001, before me personally appeared Steven Ray Bradley to me
known to be the person described in and who executed the foregoing instrument, and acknowledged
that he executed the same as his free act and deed, including the release and waiver of homestead.
Given under my hand and seal the date first written above.
CGt1nf Or t f SWE OF
Y LINCOLN
E Not
ublic
MY COMMISSION EXPIRES
My Commission Expires: ,,,%e r1- r .-c(6
-5
L
1y �E E a1 First National Bank Kemmerer
KNOW A n ��a/ B wyom i ng
Nat Hank Kemmerer
Lincoln Wyoming
g does hereby
certify that a certain mortgage, bearing date the 7th cl of February A.D. 19 89
Ronald Ell Alexander and Anna Narie Alexander
made and executed by
Wyoming National tsank Kemmerer
as n to
as mortgagee, conveying certain real estate therein mentioned as security for the payment of 31 146 0 3 6 as
therein stated, which mortgage was recorded in the office of the County Clerk and Ex- Officio Register of Deeds of
Lincoln County, State of Wyoming, on the 3rd day of March ll) 89
in Book 271PR of Mortgages, at page 312 and mortgaging the following described real in County.
estate said Io -wit:
ALL LANDS DESCRIBED IN AVOVE SAID MORTGAGE
P PAGE 0
ooT�1 RECEIVED
LINCOLN COUNTY CLERK
}10 17.2 r;. :57
876351
NI
JEANi! :..';i`I[ f
Kr- Mf'�kr `4'
Kr-
is, with a note secured thereby, and the aforementioned debt, fully paid. satisfied. released, and discharged and in consideration thereof the said mortgagee
does hereby release and quitclaim unto the said mortgagor the premises thereby conveyed and mortgaged.
l WHEREOF, the First National Bank- Kemmerer
Ini caused these Preseeits to be signed by its President
2nd October'
and its corporate seal t a this day of A. D.
,-2A01
Signe.... eyl i i yl Deliefed in the presence of
ri7:
Attest St.al: B
1 it 1 v. Alum Its re ent•
•sst. Cas 'ter i mo!!- i,
Note: If it is not desired to describe lands in space therefor, insert the following: "All lands described in said mortgage."
THE STATE OF WYOMING,
as.
County of
On this 2nd day of October
2Q01
Y before
me personally appeared
James J. Joslin
President
to ale personally known, who, being by me duly sworn, did say that he is the of
First National B ank Kemmerer
and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation
by authority of its Board of Directors and said Loan Processor
acknowledged said instrument to be the free act and deed of said corporation.
da y' of
Given u i�° o('aatir's'e'nl" 'y.9.7 :76'1, 2nd October• A D.)
L�dl.'f f�►s
s t.Ye :i 7::i3 d �r0��S7 )din a 6 6- 6e-v
Notary Public.
s My Corn tsttaii er. ali BI 2f 1
My comn>�seferrvxft'tti!MftYthtr day of eliruary.
A 1) )X 2004
THE STATE OF WYOMING,
County of
85.
M., on the day of
This instrument was filed for record at o'clock_
A. 1) 10 and duly recorded in Book on Page
Chanty Clerk and Ex- Officio Register of Deeds
By
Deputy Clerk
No. Fees,