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HomeMy WebLinkAbout978187Order No.: ATEC- 243564 978187 8/29/2014 12:08 PM LINCOLN COUNTY FEES: $15.00 PAGE 1OF 2 BOOK: 838 PAGE: 603 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK PARCEL F -2 MORTGAGE 111111IIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllll 1 1111111111 Joseph B Shumway and Arit Shumway and Jody W Shumway and RaNell Shumway, of 2325 Hwy 241 Afton, WY 83110, (herein collectively called 'MORTGAGOR to secure the payment of $78,000.00, with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is 9/2/2019) and all renewals, modification and extensions thereof, do hereby mortgage unto Kendall G Brough and Corrie H Brough of Weston, ID 83286 (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: To -wit: That part of the East Half Southeast Quarter of Section 14, 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 283 of Photostatic Records on Page 80, described as follows: BEGINNING at the Southeast corner of said East Half Southeast Quarter; Thence North 00 °04'22" East, 1333.25 feet, along the East line of said East Half Southeast Quarter, to a point; Thence South 89 °40'01" West, 653.8, more or less, to the approximate thread of the Salt River; Thence coursing along said approximately thread as follows: South 34 °11'09" East, 296.5 feet, more less; South 29 °23'01" West, 130.5 feet, more or less; South 59 °14'49" West, 123.8 feet, more or less; North 58 °12'25" West, 208.0 feet, more or less; South 61 °29'17" West, 41.6 feet, more or less; South 10 °47'36" West, 118,8 feet, more or less; South 25 °05'11" East, 230.7 feet, more or less; South 02 °28'30" East, 132.9 feet, more or less; South 15 °03'44" East, 214.7 feet, more or less; South 50 °48'45" West, 257.3 feet, more or less; South 04 °05'16" East, 174.7 feet, more or Tess, to an intersection with the South line of said East Half Southeast Quarter; Thence North 89 °38'44" East, 919.1 feet, more or less, along said South line to the CORNER 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 a e j £eBSh u way 1 .1 _L emu Arit Shumway S RaNelVShumway k14 County of The foregoing instrument was acknowledged before me this o? 9 day of ,2014 by Joseph B. Shumway and Arit Shumway. Witness my hand and official seal State of day of Ar' Notary Public: 6 40R//31 M. ,Ci yE Q S My commission expires: 9' /,S /,5' GLORIA K. BYERS NOTARY PUBLIC County of Lincoln State of Wyoming My Commiseen Expires September 15, 2015 2014 `p -nn s County of V.(■!/I".(/e/Y) The foregoing instrument was acknowledged before me this cQ 9 day of ,2014 by Jody W. Shumway and RaNell Shumway. State of Witness my hand and official seal GLORIA K. BYERS NOTARY PUBLIC County of `rl;!'1, State of Lincoln ?r,n Wyoming mow' My Commisson Expires September 15, 2015 Notary Public: 9'0/9 /A /y YI 7 My commission expires: 9- j