Loading...
HomeMy WebLinkAbout895197BOOK_ O47~LpR PAGE LINCOLN OOUNTy CLERK MORTGAGE ,..I E/:', N N F ",..V e, C:; i',..~ E BRAD LEAVITT AND SELANIE LEAVITT, HUSBAND AND i'~;:I?,~[;[?i]~F BEbMONT DONNS ~E, WEST V~LLEY CITY, UT 84~28, (here~n co ecuve V ~fled "MORTGAGOR"), to secure the payment of TWO HUNDRED TEN THOUSAND ($210, 000. 00) , with interest thereon, as provided in and evidenced by a promissoW note of even date herewith ~the ultimate maturiW date of which is the 11TH da? of OCTOBER, 2008} and all renewals, modification and extensions thereof, do hereb? mortgage unto CLE~LON D. HYDE ~ND ELAINE HYDE TRUSTEES OF THE CLEarON D. HYDE AND ELAINE HYDE FAMILY TRUST DATED SEPTEMBER ~8, ~997 o~ 627 TOH'S CA~0N ROAD, AUBURN, (herein called "MORTGAGEE"), the following described real propert?, situate in the CounW of Lincoln, State of W~oming, hereby releasing and waving all rights under and by virtue cf the homestead exemption laws of the State of W~oming, to-wit: That part of Section 30, T33N RllBW of the 6th P.M., Lincoln County, Wyoming described on Exhibit A prepared by Marlowe A. Scherbel labeled "Kyle L. Erickson and Wendy D. Erickson Tract C-2.3" dated April 10, 1998. MORTGAGOR 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 insurance improvements on the Property against loss by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost) of such improvements whichever is less, which insurance shall contain an appropriate loss payable provision protecting MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time. Inthe event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE 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 the interest thereon, or any part of such principal or interest, when the same shall become due; or in case of default shall be made in any of the covenants and agreements thereof, or in the event '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 become due and payable, at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by advertisement and sale/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 fore'closure 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 become 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 any there be. MORTGAGOR warrants title to the Property as to parties claiming, by through or under the MORTGAGOR only, Witness our hands this  NOTARY PUBLIC Pamela D. Wlek~trand 761) E $oulh Temple I ;, Salt Lake City. Utah 84102 My Commission Expires I '~' Augusl 25. 2006 I _ STATE OF UTAH day of October, 2003. Brad Leavitt ~~(~.-~,.P~V~ 1'-'7- O,_~Selanie Leavitt State of Utah ) )ss County of.~L_O.~ ) The foregoing instrument was acknowledged before me by Brad Leavitt and Selanie Leavitt this t7 day of (~c-t~be.r, 2c~O3:o., Witness my hand and Official seal. Notary Public My Commission Expires' N'STAR'Y PUBL'iC' Pamela D. Wickotrand 766 E. South Temple Salt Lake City, Utah 84102 My Commission Expires August 25, 2006 STATE OF UTAH Sent By! our :7, ,cherbel~ Ltd.~ Mar-13-O0 12:10PM; ~.~. . .~ '"'?<~i~" DESCRIPTION FOR KYLE L.. ERICKSON A1,119 WENDY D. ERICKSON TRACT C-2,3 ie 2/2 To-wit :-- That part of the NEh'SE~,{ of Section 30, T33N, RllBW, Liltcol. n County,' Wyoming, being part of that tract of record ill the Office of the Clerk of Lincoln County in Book 365 of Photostatic Records on page 796, described as follows: COMMENCING at. the southwest corner of said thence $890-55'~25,,E, 26'3.68 feet, along the south line of said NE~SE~, to the southwest point of said tract; thence N00o-21,-08.W, 163.81 feet, along the west line of said tract, to the POINT OF BEGINNING; thence N000-21'-08,,W, 516.34 feet, parallel 'wit'h the west line of said NEWSE~,(, to a point on the southwesterly~-~ght-of_wa~,' line of U..g. Righway 89; thence $41o-48'-04,,E, 693.46 ~eet, along said southwesterly right-of-way line, ho a point; thence N89o-SS,-25,W, 459.05 feet, parallel with the south line of said NE~SE~,{, to the POINT OF BE~IN-NING; ENCOMPASSING an area of 2..72 acres, more or less; the BASE BEARING for this survey is the east line of the SE~,{ of gection 30',~ T33N, RllSW, being ~;00o-2@,_54,,W; each "corner" found as described in the Corner Record filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "'SUKVEYOR SCHERBEL LTD BIG PINEY" or "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; THE NEWSE~{ SECT~ON 30 T33N WYOf~G"~,~2 dated 8 ADrOiT2 ~rksna~3 des '-- all in accordance with the plat. prepared ~o be filed in the Office of the Clerk of Lincoln County titled, . "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION FOR KYLE L. ERICKSON, TRUSTEE AND WENDY D. ERICKSON, TRUSTEE OF THE KYLE L. ERICKSON AND WENDY D. ERICKSON REVOCABLE TRUST, DATED 21 DECEMBER 199~ WITHIN RllSW LINCOLN COUNTY, "M.difh:atiun In ~my w;,y .1' Ihe.l'orel4oing du.~cription lermlnales liability of .tl~e surveyor"