Loading...
HomeMy WebLinkAbout886770 RECEIVED BOOK % :¢ '~ .*,/.'-.;/pR PAGE Russell H. Juillerat, Trustee of the Russell H. Juillerat Family Living Trust dated the 13th day of June, 2000, of P.O. Box 340, Thayne, mortgages to Gaylon G. Heiner and Kristi G. Wyoming 83127 (hereafter, "Mortgagor"), hereby Heiner, husband and wife, of 3549 County Road 123, Bedford, Wyoming 83112 (hereafter, "M~>rtgagee")for the sum of Four Hundred Seventy- one Th ousand One Hundred Six Dollars ($47~,106.00), the following described tract of land in Bedford, Lincoln County, Wyoming, more parti~cularly~ described as follows: The SW1/4 SW1/4 of Section 2, Together with all improvements all reservations, restrictions, exceptions, T33N, R118W, Lincoln County, Wyoming. and appurtenances thereon. Subject, however, to easements, and rights-of-way of record. Hereby releasing and waiving Lll rights under and by virtue of the homestead exemption laws of the State of Wyoming. / This mortgage is given to secure the following indebtedness' Promissory Note dated December 24, 2002 in the amount of Four' Hundred Seventy-One Thousand One HUndred Six Dollars ($471,106.00), payable, together with accumulated interest from December 24, 2002, at the rate of five per cent (5.0%) per annum, in annual installments of princ{pal and accrued interest in the amount of Sixty Thousand Dollars ($60,000.00) on December 24, 2003, Seventy Thousand Dollars ($70,000.00) on December 24, 20(~4, One Hundred Twenty Thousand Dollars ($120,000.00) on December 24, 2005, Thousand Dollars ($300,000.00) due Prepayment may be made at any time reduce the total sum due pursuant to the If all or any part of the property or any (3) years to any one party, or transferred, ~,ith the entire debt remaining, of Three Hundred and payable in full on December 24, 2006. without penalty, but any prepayment shall not note. interest therein is sold, leased for more that three by any means by the Mortgagor without the Mortgagee's prior written consent, excluding the creation of a lien or encumbrance subordinate n t° this Mortgage or a transfer by devise, desce t or by operation of law upon the death of a joint tenant, or a transfer to a family trust of Mortgagor, Mortgagee may, at Mortgagee's option, MORTGAGE JUILLERAT, TiRuSTEE / HEINER PAG!~ 1 OF 4 ! declare all of the sums secured by this Mortgag The Mortgagor agrees to keep the bu 179 to be immediately due and payable. [ding now on said premises or hereafter erected thereon fully insured against loss by fire, flood, and other hazards and risks reasonably associated with the property due to its type and location. The insurance carrier providing the insUrance shall be approved by the Mortgagee, with loss, if any, payable to Mortgagee during the life of this Mortgage. The Mortgagor also agrees to pay all taxes assessed by reason of this Mortgage or th~ If Mortgagor defaults in the payment taxes and assessments on the property, and any indebtedness secured thereby. of the indebtedness, or in the payment of any installment thereof, or if they default in any of the covenants or agreements hereof, then, at Mortgagee's option, the whole indebtedness ~hall become due and payable immediately, and Mortgagee may foreclose this Mort a e eith g g er oy aclvertisement and sale of the property as provided by statute, or by action in equity. Mortgagee shall retain or receive all sums due including reasonable attorney's fees, the sam brought to foreclose this Mortgage. To fully assure the Mortgagee the benel herein, Mortgagor hereby assigns to Mortgagee occupancy of the property, said assignment to o If default occurs in any of the covenants an, Mortgagee elects to foreclose on this Mortga entitled, and are hereby authorized, to 'collect t'h! the same to the payment of the indebtedness until JU1LLERAT, TRUSTEE / HEINER PAGE 2 OF 4 Out of the proceeds of any foreclosure sale, hereunder, and the costs of the foreclosure sale, to be taxed as costs in any equitable action of the security interest in the property granted ail rents and profits hereatier payable for use and nly take effect in the event of an uncured default. agreements herein contained, whether or not on account thereof, Mortgagee shall at once be rents and profits from the property and to apply such default is remedied. In the event of foreclosure of this Mm possession and enjoyment of the property, ar time of such default and for and during the 180 gage upon default, Mortgagee shall be entitled to .d the incident rents and profits thereof, from the pendency of the foreclosure proceedings and the period of redemption, if any. If Mortgagor should promptly upon request, Mortgagee may comp appropriate civil proceeding. In addition to the remedies otherwise matter of right, without regard to the solven¢~ property, or the sufficiency thereof to dischar and sale, Mortgagee shall be entitled to the a The receiver is hereby authorized to rent the Such receiver may be appointed upon ex pa waived, and the appointment of a receiver up Mortgagor. In witness whereof, Mortgagor has ex, 2002. fail to surrender such possession to Mortgagee delivery thereof by an ejectment action or other ~rovided in this Mortgage and by law, and as a or insolvency of the Mortgagor, the value of the the indebtedness and the costs of the foreclosure ~ointment of a receiver by any competent courk .roperty and apply the proceeds to this obligation. te application, without notice, such notice being ~n such application being hereby consented to by :cuted this Mortgage this 24th day of December, R1JSSELL H. JUILI~RAT, TRUSTEE of the Russell H. Juillerat Family Living Trust dated the 13th day of June, 2000 MOlt YGAGE JUILLERAT, TI IUSTEE / HEINER PAGE 3 OF 4 STATE OF WYOMING ) ., )ss. COUNTY OF LINCOLN ) On this 24th day of Deeembe_r~2002, b Trustee of the Russell H. Juillerat F~mily Li~ personally known, who, being by me duly swor he signed the foregoing instrument on |~ehalfof and that he acknowledged said instmm~,nt to be Witness my hand and official s0~[tl. ~ cOU~o~ ~ 8tatec~ t My Commission expires: . ,o'7/l t~ l {~ ~ 181 ~.fore me personally appeared Russell H. Juillerat, ing Trust dated the 13th of June, 2000, to me a did say that he is the Trustee of said Trust; that said Trust pursuant to authority provided therein; the free act and deed of said Trust. [IY PUBLIC~ MORTGAGE