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HomeMy WebLinkAbout885907imerican General nance, inc. ~VI ERICAN FINANCE REVOLVING LOAN REAL ESTATE MORTGAGE NOTICE: THIS MORTGAGE SECURES REVOLVING LOAN AGREEMENT UNDER WHICH FUTURE ADVANCES MAY BE MADE FROM TIME TO TIME. THE CREDIT LiMiT 18 $. 67797__ oo . LOAN NO. Know All Men By These Presents: WHERE. AS G~..C~R¥ Borrowers' Names ' hereinafter called Mortgagor, whether one or more, of :P.O. !i~'7~' 78237.1. WICF. S:TA , ~(~ 672,78 Borrowers'-Address , is justly indebted to Amedcan 'General' Finance, Inc., hereinafter called Mortgagee, as Evidenced by a Revolving Loan Agreemen! of Even date herewith, ("Agreement=') with a credit limit as set forth above payable in monthly installments as therein described until paid in full. NOW, THEREFORE, the undersigned Mortgagor In consideration of the premises and to secure the performance of the Agreement and the payment of all sums now or hereafter constituting the unpaid be. lance thereof and compliance with all the stipulations herein contained, does hereby mortgage and warrant unto Mortgagee, its successors and assigns, the following described real estate, situated in County, Wyoming, to wit: SEE SCHEfYJL~ "C" ATI'ACHRD HE~Z~TO AND NADg APART HERFJOF RECEIVED Ll,.~Ob~.t~l CO[..NTy CLERK ""; ".1 ;:.i ~;iTi.. ;?, '....'.-'" Mo~gagor agrees to pay all t~es and assessments on s~d premises and to keep the buildings thereon insured for tim, extended coverage, vandNism and malicious mischief for the benefit of the moKgagee, ~ loss payee, as its interests may appear, for a sum, in addition to ~ny sums requir~ by or owed to any lienholder superior to Mo~gagee, which will be sufficient to s~tis~ any unp~d balance owed Mo~gagee, during the fife of this me,gage, in favor of ~nd payable to Mortgagee; and in case Mo~g~gor shall fail to p~y end t~as ~nd ~sessments or to keep said buildings insured ~ ~forasaid, Mo~gagee may insure said buildings ~nd p~y said t~es and ~sessmen~, and all sums so paid shall be added to and considered ~ a pek of the ~ove indebtedness hereby secured, ~d cheil draw interest or finance ch~ges at the same rate. In c~e any default shall be msdo In the payment of the ~ove described Agreement, or in c~e ~ny default sh~l be mede In any of the aovenants and agreemen~ hereof, then'the b~anoe remaining unpaid to Mortgs9ee shall, ~t the option of Mortgagee, immediately become due and p~y~ble and Modgagee may proceed to enforce the provisio~ ~f this reD.gage either by suit at I~w or In equi~, ~ it m~y elect, or to foreclose thio reD.gage by ~dve~lsement and s~a of the ~bove described premiees, ~ public venue, for ~h, a~cording to Wyoming statutes governing reD.gage foreclosure, ~nd ~use to be ~ed ~d delivered to the puroh~er or purch~em a~ ~y sale, a good and sufficient deed or deeds ~d out of the premeds of such reD,gage, Mo~g~ee shell pay all sum~ due hereunder, together with ~ r~onable expenees incurred in reallzln9 on thl~ mortgage, including but not limited to re~on~ble ~ttorn~'s fees ~ffer default and r~err~l to an ~omey not a sal~ded employee ~f Mortgagee. If all or ~y part o[ the prope~y or ~ Interest therein is sold or trusteed, including through sale by I~llment ~nt~, without Mo~g~gee'8 prior written consent. Mo~aoee mav. ~t Mo~oaoee's cation declare the entire pHn~lpai amount ~d soorueQ interest due and payable at~n'~e, prov'i~ed, however, tha[Mo~gagee's ~onsent Is net mq~il'ed in the following situations: (a} the oreatlon ~f a lien or encumbrance subordinate to this Mo~gege Deed other then a sale by ins~llment contract; (b) the crestlon of a purchase money secudty interest rot household appliances; (b) a zr~sler by devise, descent or by operation of law upon the de~th of a joint tenant; or (d) the gr~t ct any leasehold Interest of ~me years or I~s not cont~nlng ~n option to buy. If ~is mo~gage is subject and subordinate to another mo~gage, it is hereby ~pressly agreed that should any defsult be made in the payment ~ shy inet~lment of princip~l or of interest on s~d prior reD,gage, the holder of this reD,gage m~y pay such ins~llment of principal or such interest ~d the ~ount so paid with legal interest thereon from tt~e Lime of ~u~h payment may be added to the Indab~ne~ secured by this reD.gage end ~e ~ccompanying Agreement shNl be deemed to be secured by this. reD'gage, ~d It Is fu~her ~pmssly agreed ~h~t In the event ~ ouch d~aul{ or should ~ny suit be commenced ~ foreclose a~y prior reD,gage then ~he amount secured by th[~ mo~sge ~d the accomp~ying Agreement sh~ll b~me ~d be due and payola st any time thereofter at the sole option ~ the o~er of holder of this mo~gage. R,~.lv.d Nov-lg-02 O$:Z4pm FromqO?4?~ZB04 T0-AGF WICHITA NE KS hie 02 ., ~nlas~ prohl~it,d ~ ~aw or r~flulatlon, i~ th~ r.~l ~tat, d~erib~d h~r~in i~ ~n~umb~r~d b~ ~ prior or deed of trust which provided for a~or which secures ~ agreement which provides for, future or additional advances thereunder, then the modgagom herein agree that during the time the Agreement which this mo~gage secures is In force ~d effect, they ~11 not apply for, accept, or receive any additional adv~ces under said prior modgage or d~d of trust end shall be without ca,city to .do so. This clause shall constitute a covenant running with the real estate d~cribed herein and shall be binding on the .mortgagors, their heirs, personal representatives ~d ~signs and all person or parties hereefler having or claiming any right, title, claim or interest in and to said real ~tate. Hereby relinquishing and waiving all rights under and by vi~ue of the Homestead ~emption ~ws of State of Wyoming. Dated this ~9 day of ~ 2002 THE STATE OF WYOMING COUNTY OF LINCOLN SS. On this 19 day of l, a3~'. , 2002 , before me personally appeared to me known to be the person__ described in and who executed the foregoing inStrUment, and acknowledged that tls executed the same as HIS free act and deed, including the release and waiver of the dght of homestead, the said spouse having been by me fully apprised of HIS right and the effect of signing and acknowledging the said instrument, My commission expires on the . z?~ day of . 'Given under my hand and "~te'~=l, this t"l day of L~~~[~~3 ~ ~" Commission Expires ~ 2, Received No¥-19-02 01:57pm From-3074?32804 To-AGF WICHITA NE KS Page 23 ALTA COMMITMENT - 1982 - WY Commitment No.' FA 9357 M SCttEDULE C The land referred to in this commitment is situated in the State of Wyoming, County of Lincoln, and is described as follows: A portion of the Property referred to in the Deed recorded in Book 326PR on page 399 with the Office of the Clerk of Lincoln County, Wyoming for the property located in the NWM of Section 3, T35N RllgW of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at an Iron Pipe found marking an East corner of the Perkins property as referred to in the Deed recorded in Book 257PR on page 315 with the Office of the Clerk of Lincoln County, Wyoming, said point being 1,055.00 feet, S 89000'36'' E, from the B.L.M. type monument marking the Scott A. Scherbel PLS 3889, 1999 location for the Southwest Corner of said NWM; thDnce N 1°24'49'' E, 430.57 feet to an Aluminum~cap on Iron Pipe marking the Northwest corner; thence N 90° E, 427.09 feet. to a Cotton Gin Spike set marking a point in the Centerline of the Roberts-Wolfley County Road 12- 109 as referred to in the Right-of-Way Easement recorded in Book 225PR on page 184 and in Book 277PR on page 530, with said Office; thence Southerly, along said Center line the following: S 3°49'17'' W, 287.79 feet to a Cotton Gin Spike found and along a 1,614.00 feet radius curve to the left through a central angle of 5020'40'' (chord bears S 1°08'57'' W, 150.50 feet) an arc distance of 150.55 feet to a Cotton Gin Spike found marking a point in said Sout'h :"line; thence N 89000'36" W along said South line, 415.58 feet to the POINT OF BEGINNING. ii/9i