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HomeMy WebLinkAbout890376BOOK ~t~.~j~ PR PAGE REOEIVED LIN00LN COUNTY 0LERK 03 ,!!I~-~ ?I-i 2,' 50 KNOWALL MEN BY THESE PRESENTS, that WAN E. WOLFLES; a~id iS:U'sAN5 :: '~"';'; WOLFLEY, husband and wife, of Star Route 1, P.O. Box 490, Thayne, County of Lincoln, State of Wyoming, 83127, hereby secure the payment of the principal sum of fifty thousand, one hundred, seventy dollars and four cents ($50,170.04) plus interest in the amount of seven percent (7%), as evidenced by a Promissory Note dated of even date herewith, to the order of THE ADA CLARICE WOLFLEY IRREVOCABLE LIVING TRUST, LANECE DAY and MARK WOLFLEY, Trustees, dated May 21,2003, to be paid as follows: 1. On the date of the execution of this mortgage and the promissory note of even date, the mortgagor will pay to the mortgagee the amount of fifty thousand,' one hundred, seventy dollars and four cents ($50,170.04). 2. The mortgagor shall pay to the mortgagee monthly payments in the sum of eight hundred dollars ($800.00). The first payment to begin on June 10th, 2003 and shall continue to be due on the 10th day of each month thereafter until paid in full. 3. Mortgagor may prepay the principal amount in whole or in part at any time without penalty. Any partial prepayment shall be applied against the principal V/ 419 4. The principal and interest shall be paid and applied pursuant to the Amortization Schedule attached as "Exhibit A" made part of this document by reference and incorporation. 5. If any payment is made more than 10 days after the date due the mortgagor shall pay an additional twenty-five dollars ($25.00) in the form of a late payment charge. 6. Any and all terms of the promissow note of even date are herein incorporated and made pad of by reference as if fully set forrth herein. MORTGAGOR hereby mortgages to mortgagee, the following described real estate, situated in the County of Lincoln, State of VVyoming~ More particularly described as that property in "Exhibit B" attached hereto and made part of this document by reference and incorporation as set forth fully herein. Including all buildings and improvements thereon or that may hereafter be erected thereon; together with hereditaments and appurtenances and all other rights thereunto belonging, or in anywise now or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all plumbing, heating, and lighting fixtures and equipment now or hereafter attached to or used in connection with the premises. Mortgagor hereby relinquishes and waives all rights under and by virtue of the .f20 MORTGAGOR covenants with mortgagee as follows: 1. In case of default in any of the payments stipulated in the note, mortgagor, as further security for this mortgage and the note secured thereby, hereby assigns, sets over, and conveys to mortgagee all rents, issues, and profits from the property. 2. To pay promptly, when due, the principal and interest and other sums of money provided for in said Mote and this Mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of even/nature on said property. 3. To perform comply with and abide by each and even/the agreements, stipulations, conditions, and covenants, set forth in said Note and this Mortgage or either. 4. Failure by the mortgage to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the Mortgage accrued or thereafter accruing. 5. Nothing shall be done on or in connection with the property that may impair mortgagee's security hereunderl mortgagor will commit, permit of suffer no waste, impairment or deterioration of the property nor any part thereof, and the property shall be continuously maintained in good and sightly order repair, and condition by mortgagor assessments, water or other governmental or municipal charges, or other lawful charges as herein provided, mortgagee may without notice or demand pay the same and in case of any failure on the part of mortgagor to comply with the covenants of Paragraph 5 hereof, mortgagee may effect such repairs as it may reasonable deem necessary to protect the property, at the expense of mortgagor. Mortgagor shall repay such sums so paid and all expenses so incurred by mortgagee, with interest thereon from the date of payment, at eight percent (8%) per annum, and the same shall be a lien 'on the premises and be secured by the note and by these presents; in default of making such repayments the whole amount hereby secured if not then due shall, if mortgagee so elects, become due and payable forthwith, anything herein contained to the contrary notwithstanding. 8. In the event the proPerty is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby, mortgagor binds itself personally to pay the unpaid balance, and mortgagee will be entitled to a deficiency judgment. 9. In case default is made in the payment, when due, of the indebtedness hereby secured, or of any installment thereof or any part thereof, or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness payment thereof may note have expired, anything herein before or in the note contained to the contrary notwithstanding; any failure to exercise such option shall not constitute a waiver of the right to exercise the same at any other time; and it shall be lawful for mortgagee to proceed to enforce the provisions of this mortgage either by suit at law or in equity, as it may elect, or to foreclose this mortgage by advertisement and sale of the premises, at public auction for cash, according to Wyoming Statutes governing mortgage foreclosures, and cause to be executed and delivered to the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such sale first to the payment of the costs and expenses of such foreclosure and sale, including reasonable attorney fee, and in payment of all money expended or advanced by mortgagee pursuant to the provisions of Paragraph 7 hereof, and then to the payment of the balance due on account of the principal indebtedness secured hereby, together with interest thereon and the surplus if any, shall be paid by mortgagee on demand to mortgagor. In case mortgagee fails promptly to foreclose on the happening of any default, it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues, and shall not be prejudiced in its foreclosure rights in case of further default. there is any; and such possession 423 rents, issues, and profits shall at once be delivered to 'mortgagee on request, and on refusal, the delivery of such possession, rents, issues, and profits may be enforced by mortgagee by any appropriate civil suit or proceeding, including action or actions in ejectment, or forCeable entry, or unlawful detainer; and mortgagee shall be entitled to a receiver for the property and all rents, issues, and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if there is any, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of mortgagor or the then owner of the property, and without regard to the value of the property of the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and expenses, and such receiver may be appointed by any court of competent jurisdiction on ex parte application and without notice (notice being hereby expressly waiver, and the appointment of any such receiver on any such application without notice being hereby consented to by mortgagor on mortgagor's own behalf), and all rents, issues, profits, income, and revenue of the property shall be applied by such receiver, according to law and the orders and directions of the court. 11. Mortgagor may not convey or transfer any interest in or encumber the described premises without the prior written consent of the mortgagee. Mortgagor must written consent, excluding death of a joint tenant or the grant of any leasehold interest of three (3) years or less not containing an option to purchase, mortgagee may, at its option, declare the entire remaining balance due under this agreement to be immediately due and payable and give written notice to mortgagor thereof. After receipt of such written notice, mortgagor shall have thirty (30) days in which to pay the entire rema~mng balance to mortgagee. 12. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, 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. 13. Whenever used herein, the terms "mortgagor" and "mortgagee'' include all the parties to this instrument and the heirs, legal representatiVes, and assigns of individuals, and the successors and assigns of corporations; and the term "Note" includes all the notes herein described if more than one. IN IgUTNESS WHEREOF, mortgagor has caused this mortgage to be executed by its authorized officers as of the ~ ~ day of May, 2003. 425 STATE OF WYOMING COUNT1z OF LINCOLN The foregoing was acknowledged before my by WANE: WOLFLEE husband and wife, this ~\~ day of May, 2003. WOLFLEY and SUSAN WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Amorfiz~ tion 307-885-0002 BANK OF SV Amortization iEXHIBIT NO. Borrow ~r name Addres:~ Loan number Dale Amount Payment Principal Interest Remaining Balance 05-22-~003 05-22-2003 06-10-2003 07-10-2003 08-10-2003 09-10-2003 10-10-2003 11-10-2003 12-10-2003 Fixed Rate Funding Regular Pmt Regular Pmt Regular Pmt Regular Prat Regular Pmt Regular Pmt Regular ?mt 7.0OO 50,170.04 50,170.04 800.00 617.19 182.81 49,552.85 800.00 514.90 285.10 49,037.95 800.00 508.46 291.54 48,529.49 800.00 511.48 288.52 48,018.01 800.00 523.73 276.27 47,494.28 800.00 517.64 282.36 46,976.64 800.00 529.72 270.28 46,446.92 2003 T,)mls: 01-10-2004 02-10-2004 03-10.2004 04-10-2004 05-10-2004 06-10-.2004 07-10-2004 08q0..2004 09-10,2004 Regular Pmt Regular Prat Regular Prat Regular Prat Regular Prat Regular Prat Regular Pmt · Regular Prat Regular Prat 5,600.00 3,723.12 1,876.88 800.00 523.86 800.00 526.98 800.00 547.52 800.00 533137 800.00 545.04 800.00 539.78 800.00 551.28 800.00 546.26 800.00 549.51 276.14 45,923.06 273.02 45,396.08 252.48 44,848.56 266.63 44,315.19 254.96 43,770,15 260.22 43,230.37 248.72 42,679.09 253.74 42,132.83 250.49 41,583.32 05/21/201~3 16:36 Amo~on 307-885-0002 05-10-:',005 06-10-2005 07-10-2.005 08-10-2005 09-10<!005 10-10,:Z005 11-10-1005 12-10-Z005 Regular Prat Regular Prat Regular Pmt Regular Pmt Regular Prat Regular Prat Regular Prat Regular Prat BANK OF SV .800.00 583.64 216.36 800.00 579.90 220.10 800.00 590.33 209.67 800.00 586.85 213.15 800.00 590.34 209.66 800.00 600.50 199.50 800.00 597.42 202.58 800.00 607.40 192.60 PAGE 02/03 Page 2 of 3 37,021.88 36,441.98 35,851.65 35,264.8O 34,674.46 34,073.96 33,476.54 32,869.14 2005 Totals: 01-10-2006 02-10-2006 03-10-2006 04-10-2006 05-10.2006 06-10-2006 O7-102006 08-10.2006 09-10-2006 10-10--2006 11-10.-2006 12-10..2006 Regular Prat Regular ?mt Regular Pmt Regular Prat Regular ?mt Regular Prat Regular Prat Regular Pmt Regular Prat Regular Prat Regular Pmt Regular Prat 2006 Totals: 01-10.2007 02-10-2007 03-10-2007 04-10.2007 05-10-2007 06-10-2007 Regular Prat Regular Prat Regular Prnt Regular Pmt Regular Prat Regular Prat 9,600.00 7,030.14 2,569.86 800.00 604.59 195.41 800.00 608.18 191.82 800.00 630.01 169.99 800.00 615.54 184.46 800.00 625.03 174.97 800.00 622.92 177.08 800.00 632.21 167.79 800.00 630.38 169.62 800.00 634.13 165.87 800.00 643.13 156.87 800.00 641.72 158.28 800.00 650.52 149.48 9,600.00 7,538.36 2,061.64 800.00 649.40 150.60 800.00 653.26 146.74 800.00 670,97 129.03: 800.00 661.14 138.86 800.00 669.42 130.58 800.00 669.05 130.95 32,264.55 31,656.37 31,026.36 30,410.82 29,785.79 29,162.87 28,530.66 27,900.28 27,266.15 26,623.02 25,981.30 25,330-78 24,681.38 24,028.12 23,357.15 22,696.01 22,026.59 21,357.54 05/21/2003 16:36 Arnortiz~on 02-10-2008 03-10-2 OO8 05-10-2;008 07-10-2008 08-10-2008 09-10%'~008 10-10-2008 11-1. 0-[ ~008 12-10-2008 307-885-0002 Regular Prat Regular Pmt Regular Prat Regular Prat Regular Prat Regular Prat Re gular Psat Regular Prat Regular Prat Regular Prat Regular Prat 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 BANK OF SV 701.61 711.86 710.01 717.00 718.49 725.26 727.08 731.40 737.82 740.13 746.32 4 98.39 88.14 89.99 83.00 81.51 74.74 72,92 68.60 62.18 59.87 53,68 28 PAGE 03/03 l~age 3 of 3 15,848.41 15,136.55 14,426.54 13,709.54 12,991.05 12,265.79 11,538.71 10,807.31 10,069.49 9,329.36 8,583.04 2008 Tc.mls: 01-10-.1009 Regular Pmt 02-10-1009 Regular Pmt 03-10-2009 Regular Pmt 0440-2009 Regular Pmt 05-10-Z009 Regular Prat 06-10-2009 Regular Prat 07-10-2009 Regular Pmt 08-10-2009 Regular Pmt 09-10-2009 Regular Prat I0-10-2009 Regular Pmt 11-10.2009 Regular Prat 9,600.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.O0 888.55 8,664.44 748.97 753.42 761.98 762.43 768.03 771.53 776.89 780.74 785.38 790.37 883.30 935.56 51.03 46.58 38.02 37.57 31.97 28.47 23.11 19.26 14.62 9.63 5.25 7,834.07 7,080.65 6,318.67 5,556.24 4,788.21 4,016.68 3,239.79 2,459.05 1,673.67 883.30 0.00 2009 Totalst Loan Totals: 8,888.55 62,488.55 8,583.04 50,170.04 305.51 12,318.51 Primtedon:05-21-2003 423 EXHIBIT B DESCRIPTION OF MORTGAGED PROPERTY In Township 34 North, Range 118 West of the Sixth Principal Meridian, the West Half of the Southwest Quarter of Section 20, and the East Half of the Northeast Quarter of Section 3©, being a total of 160 acres oX land, together with~improvements and water rights, EXCEPTING THEREFROM the following described tract: Beginning at a point which is on the boundary line of Sections 19 and 20, T 34 N, R 118 W, 943 feet North o'f tho Section corner of Sections 19, 20, 29 and 30, and running, tMence North along said boundary line 152 feet; thence East 286.58 feet; thence South ·152 feet; thence West 286.58 feet, more or less, to the point of beginning. EXCEPTING and RESERVING unto sellers/grantors a life estate for s° long as either of them shall live in and to 'their residence and the surrounding grounds upon the property. SUBJECT TO all easements, exceptions, restrictions, reservations and rights of way of sight or. record.