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Home My WebLink About894061 89406t IVlORTGAGE DEED RECEIVED ':LINCOLN COUNTY OLERK 03 OCT -,? I0:32 EXECUTED this ]g;7L day of October, 2003, by CF~ST]~ FO~D, a married person, as Sole and separate property, of Fai~wiew, Wyoming, hereinafter called the MORTGAGOR, and O:~AN SH~WAY and JUDY SH~VAY, Husband and Wife, or.ton, Wyoming, hereinafter called the MORTGAGEE: (Whenever used herein, the term "MORTGAGOR" and "MORTGAGEE" include all the Parties to this instrument and their heirs, legal representatives, and assigns of individuals, and the successors and assigns of Corporation; and the term "NOTE" includes all the notes herein described if more than oBe.) W ITNE S SETH: THAT FOR GOOD and valuable considerations, and also in consideration of the aggregate sum named in. the Promissory Note of even date herewith, hereinafter described, the MORTGAGEE hereby grants, bargains, sells, conveys, and confirms unto the MORTGAGOR, all the certain land of which the MORTGAGEE is now seized, situated in Lincoln County and-State of Wyoming, more particularly described as follows, to-wit: Lot 11 of the Townsite of Fairview, Block 4, Third Filing, Lincoln County, Wyoming, as described on the recorded plat filed as Inlstrument Number 891363 on July 7, 2003, in the Oft]ce of the Lincoln Couuty Clerk. TO HAVE AND TO HOLD tim same together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the MORTGAGEE in fee simple. And, the MORTGAGOR covenants with the MORTGAGEE that the MORTGAGOR is indefeasibly seized of said land in fee simple; that the MORTGAGOR has good right and lawful authority to convey said land as aforesaid; that the MORTGAGOR will make such fiulher assurances to perfect the fee simple title to said land and the MORTGAGEE as may reasonably be required; that the MORTGAGEE hereby warrants the title to said land and will defend the same against the lawful claims for all persons whosoever; and that the said land is fi-ee and clear of all encumbrances. PROVIDED, ALWAYS, that if said MORTGAGOR shall pay unto said MORTGAGEE, the certain Promissols~ Note in the amount ofTEN THOUSAND ($10,000®) DOLLARS and NO/100, as per a Promissory Note, attached hereto as Schedule "A", and shall perform, comply with, and abide by each and every of the agreements, stipulations~ conditions, and covenants thereof, and of this Mortgage, then this Mortgage and the estate hereby created shall cease, determine and be null and void. AND THE MORTGAGOR shall not destroy, damage, or substantially change the property or allow the property to deteriorate or commit waste. AND TIlE MORTGAGOR shall protect the MORTGAGEE'S rights and security in the property. fi,JORTGA GE DEED Ford/Shttm way Page ] of 3 170 AND THE MORTGAGOR hereby further covenants and agrees to pay promptly, when due, the principal and interest and other sums'of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to pemfit, coinmit, or suffer no xvaste, impairment, or deterioration of said and or the improvements thereon at any time; to pay all costs, charges and expenses including reasonable attorney's fees and title searches, reasonably incurred or paid by the MORTGAGEE because of the failure of the MORTGAGOR to promptly and fully comply with, and abide by each and every agreements, stipulations, conditions, and covenants set forth in said Note and this Mortgage, or either. In the event the MORTGAGOR fails to pay, when due, tax assessment or other sum of money payable by virtue of said Note and this Mortgage, or either, the MORTGAGEE may pay the same xvithout waiving or affecting the option to fbreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful, rate allowed by law. If the MORTGAGOR defaults in payment of the indebtedness hereby secured, for a period often (10) days after written notice, or in case of breach of any covenant or agreement herein contained, the whole of the 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 or note holder, become immediately due and payable, anything herein or in said note to the contratay 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. MORTGAGOR hereby grants to MORTGAGEE, their heirs, and assigns, a Power of Sale over the property described above which may be exercised by MORTGAGEE or their heirs and assigns in case of such default as described above, and pursuant to such Power of Sale, MORTGAGEE, their heirs and assigns may foreclose on said property and sell and dispose of or cause to be sold or disposed of, the above property and all rights, title, benefit, and equity of redemption of the MORTGAGOR, their heirs or assigns, therein, at public auction, for cash according to Title 34, Chapter 4, Wyoming Statutes as the same presently exists or may hereafter be amended. Failure by the MORTGAGEE to exercise any of the rights or options herein provided shall not constitute a wai'ver of any rights or options under said Note or the Mortgage accrued or thereafter accruing ~140RTG, d GE DEED Ford/Sh um~ Page 2 of 3 I?1 IN WITNESS WHEREOF, the MORTGAGOR has set their hand and seal the day and year first above written, hereby releasing and waiving all rights under and by viFtue of the homestead exemption laws of the State of Wyoming. DATED this ]Xl ~ day of October, 2003. CHRISTINE FORD STATE OF WYOMING COUNTY OF LINCOLN ) ) ss. ) BEFORE ME, a Notary Public in and f~)r the state and county above-mentioned did personally appear Christine Ford on this ]/7'~ day of October, 2003, and acknowledged the foregoing Mortgage Deed to me as her own fi'ee will and deed. WITNESS my hand and official seal. ~My Commission Expires ~ 7 My Commission Expires:~ ~, NOTARY PUBLIC ~40RTG.4GS DEED Ford/,gh t.m vq~, Page 3 of 3 172 PROMISSORY NOTE ' -00 10,o October _/ , 2003 Afton, WYoming THE UNDERSIGNED, jointly and serverably, if more than one, promise to pay 'Orlan Shumway and Judy Shumway, Husband and Wife, of Alton, Wyoming, the principal sum ofTEN THOUSAND ($10,000®) DOLLARS and NO/100, with interest of SEVEN (7%) PERCENT fi'om the I st day of October, 2003. The note shall be payable in monthly payments of EIGHTY- NINE ($89.88) DOLLARS and 88/100 per month, commencing on November 1, 2003, and paid thereafter on the first clay of-every month. The final paymeut shall be in tile amount of N1NETY ($90.79) DOLLARS and 79/100. The note shall be paid in fi. dl on November 1, 2013, and shall be payable tO Orlan and Judy Shulnway at their designatecl location. PAYIVIENT shall be due in the following manner: Payments oFEIGHTY-NINE ($89.88) DOLLARS and 88/100; commencing on November 1, 2003, and on the first clay of every month thereafter, until paid in full, with the last payment being NINETY ($90.79) DOLLARS and 79/100. 2. Payments shall be made a location designated by Orlan and .Judy Sbumway. 3. There shall be a late fee charged on all payments that are more than five days late of TEN ($10m) DOLLARS and NO/100. 4. There shall be ilo pre-payment penalty. IN THE EVENT OF DEFAULT of any payment after it becomes due and payable, tile entire principal sum and interest shall, at tile option of the holder, become immediately due and payable, without notice. Failure to exercise this option shall not constitute a waiver of right to exercise.the same in the event of any subsequent default. In the event of default, the undersigned, jointly aud severably, if more than one, agree to pay all costs of collection, including a reasonable attorney fee to the holder's attorney, whether suit be brought or not. The undersigned, jointly and severably, if more than one, waive all privilege of venue and agree that in the event of suit on this NOte the holder, shall select the proper venue for such suit. THE UNDERSIGNED shall have the right to prepay any portion of this Note at any time .prior to maturity without penalty. PRO/vIiSSOR ] NOTE Ford/Sltttmway Page I of 2 .t73 PRES ENTMENT, protest, notice of protest, and notice of dishonor are hereby waived. THIS NOTE is secured by mortgage deed of same date between the parties. STATE OF WYOMING COUNTY OF LINCOLN ) ) ss ) DATED this /~Vtday of October, 2003. A~'tornoy-' At Law 4 ~~~~~ CI~TmE 'Fo~ ~-~ O. DAVID GARDNER Attorney At Law The foregoing Promissory Note was acknowledged before me by Christine Ford on this day of October, 2003. WITNESS my hand and official seal. My Comlnission Expires: JZ,~--' ~ NOTARY PUBLIC PR Og4iSSOR Y NOTE Page 2 of 2