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HomeMy WebLinkAbout894780/7) MORTGAGE 8.9t, 780 RECEIVED LINCOLN COUNTY CLERK 03 oc'r 27 32 KNOW ALL PERSONS BY THESE PRESENTS, that woman, of P.O. Box 1820, Lower Lake, California 95457 (hereinafter the payment of' Twelve Thousand Dollars ($12,000.00), with interest thereon, as provided in and evidenced by a Promissory Note of even date herewith (with a maturity date of' November 15, 2004), and all renewals, modifications, and extensions thereof, does hereby mortgage unto Richard C. Ellinghysen and Carolyn B. Ellingh~,sen, Trustees of The Richard C. & Carolyn B. Ellinghysen Living Trust dated June :24, 1996, of Rural Route 1, Box 48, Kellogg, Minnesota 55945 (hereinafter collectively "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: Lot 24 in Star Valley Ranch Plat 14, LincOln Co.unty, Wyoming, as described on the official plat thereof. Including and together with all and singular tenements, hereditaments, appurtenances, and improvements, thereon or thereunto belonging, but subject to reservations and restrictions contained in the United States Patent, taxes, assessments, covenants, conditions, restrictions, reservations, encroachments, rights-of-way, and easements of sight and/or of record (hereinafter the "Property"). Mortagagor 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 insurable improvements on the Property against loss by fire, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value of such improvements, whichever is less, which insurance shall contain an appropriate loss payable provision protecting Mortgagor and Morgagee as their respective interests may appear from time to time. The insurance proceeds or any part thereof, shall at the option of the mortgagor, be applied either to the reconstruction of improvements on the Property or to the payment of indebtedness hereby secured. In the event Mortgagor fails' to pay such taxes and assessments, or fails to keep and maintain such insurance as herein provided, Mortgagor 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 interest thereon, or any part of such principal or interest, when the same shall become due; or in the case default shall be made in any of the covenants and agreements thereof, wlfich default is not cured within thirty (30) days after notice thereof is given by Mortgagor, or in the event that 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 beco~ne due and payable, at the option of Mortgagee, and Mortgagee's legal representatives and assigns, may proceed by advertisement and sale and/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 be 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 there be on. Mortgagor warrants title to the Property as to parties claiming by or through or under Mortgagor only. The Property is not agricultural property as defined in Wyoming Statutes § 1'18-103. WITNESS my hand this i'~ day of October, 2003. STATE OF d~l\-q(-'oC~;~ ) ) ss. COUNTY OF -%O©oc~O- ) this THE FOREGOING INSTRUMENT was acknowledged before me by Nan'cy W. Ryan I-/~ day of October, 2003.' WITNESS my hand and official seal. My Commission expires: ~9(;[ Z 7.,gOot.,,