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HomeMy WebLinkAbout897363~o RECEIVED 'LINCOLN COUNTY CLERK 8:9 V 3 6 3 FEB 19 F'i b: 33 MORTGAGE JEANNE BRI~ KIRKH~ ~D DI~E KIRKH~, HUSB~D ~D WIFE, OF ~'~SST RO~, ~ATTLE CREEK, MI &~O~5, (herein collectively called "MORTGAGOR"~, to secure the payment of SEVENTY-TWO THOUS~D FIVE H~DRED DOLLARS ($?2,500.00) , with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 7th day of MARCH, 2007~ and all renewals, modification and extensions thereof, do hereby mortgage unto BONNETT FMI~Y ~NTBRPRIS~S, L.C. of 27O NORTH MAIN STREET, LINDON, UT 8&0~2 (herein called "MORTGAGEE"~, the following described real property, situate in the County of Lincoln, State ' of Wyoming, hereby releasing and waving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: Lot 4 of Staghorn Estates, Lincoln County, Wyoming as described on the official plat No. !01-D filed January 7, 2004 as Instrument No. 896474 of the records of the Lincoln County Clerk. 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. In the 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 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, atthe 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 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 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 th~ 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 //~ day of February, 200~ ~_~~/'~n Kirkham t Diane Kirkham State of Wyoming County of Lincoln The f o74fl~n g this day of February, 2004. W i t p e ~J~v,,~l~&n ~d~ict~.~ c-~ I seal. instrument was acknowledged before me by Brian Kirkham and Diane Kirkham My Commission Expires: RELEASE OF MORTGAGE THIS INSTRUMENT, made this ............... .1.7.?.H ................. day of, .... .F.$.B..R..t!.a..R.¥. ............ 20 ....0..4...., certifies that a certain mortgage executed by...r..E...I~...E. ?..H....E.y.G..E:~.E....S..I...I~.. J.N... A. ~.D....S..H..E..I..b& ...~...E....S..I...mC...I..N..,...T..R..U..S..T. ~ ~.S....O..F....T..I-!.E....K..E..I'!~.E. ?..U....E.......4..1~.. SHEILA..M.,.. SIMKIN.. Tlt_USI.. DAZED...1151Dt.. D/kY...0ff.. }'EBB.UAR% .... 2 O O i ...................... : ....................................................... to THE ROCK SPRINGS NATIONAL BANK OF ROCK SPRINGS, WYOMING, dated ..F..I~tlRIIARI(...~ ....... 20..113 .... , and recorded in Book....5.1.D~lk ............... of Mortgages on Page ...~.~ .................... in the office of County Recorder of...kIB.¢.0Lkl ..................................... County, State of Wyoming, on the ..Z%.H.... ................ day of....F.U}.&klA.P,¥ ................... ~ .... ,20...0.t..., for the sum of ....~.~..~.~..~...~)..R..E..D...?..~.~..~.....T..~..~..~J.s..4..~....~..~.....N..~./..~..~..~. ................ · .................................. ~. ........... i ......................................... r.r.r.r.r.7.r..n.--Dollars, has been fully satisfied by the payment of the deh'i-/~,red thereby, a~d is hereby cancelled and discharged ATT · R ~CS,~GS' TIONAL ..i .......... ~...Z....~.~ ..... : .... . BY_~~.~.~ .... ' '7tI'd¢:¢4~ :'. .' .... ju ' -o' i fa' ii ..............; ...... ........... ........... ~' ;i,~:~ "~,~;'/~ ~ ---/!-~ z-' ~' , .... '.'.,.~ ..... . ;'" '- .... [ss ~..~ . ,. .. , ........ . -...;.; .~ .. ......... ,-. · . . L 1,00L ~ount.- ~ ., ................,....., ............ c-\. , ,, "; O , [ .;.:~,, ,,,:,~ .:~-.;.,., . . q[.v - ,- ,_ ..... day of .... ..... beOfare me'app alred .............................. "' H Y': ~II ....... JUDY HARPER .......... ::. ,~D_.. 1~ !. ~Rd~ .:~u~r ~;. z ~::z~,... ;.::; ................................. and ................................. J.m.~f J I..~ [... ~,:,.,., G.¢~.c~ R ............ to me personaly~fnO~n;iWho,_~.be'i.n~g'~}¢ me ciuly sworn, did say that they are the ....... .t;'.~'JJL~aJ..7...' ....................................... and MORTG~f~..E,+.Ic(IAN,~ ~FFI 'C'E~R of the ROCK SPRINGS NATIONAL BANK, and that seal affixed to said ............. ~;"7'i-~ .;-'7 :~.t,r ~.. ,.,..~q~.< ...................... instrument is {fi;~6i~Sizp~h'te seal of said corporation and that said instrument was signed and sealed in behalf of the said ROCK SPRINGS NATIONAL BANK by authority of its Board of Directors, and said .... .J..O..H..N....W........H~...Y....I..I..I. ........ and ........ .J..U.O.¥...-'~".R..P..E..R. ..................................... ' ........... acknowledged said instrument to be the free act and deed of said ROCK SPRINGS NATIONAL BANK. Given under my hand and notarial seal this ............. .1.7..T.g ............................ day' Of....¥..E..B..R.~.&.R% .................. 20 ..0..4. .... .My Commission expires !.9.79.¢.7.9.7 ................... ~ ..... i ...................... .---, .,, _-~~~~~~..._ ...... ......................... : ....... ~'~ REBECCA L. MORRISON ~Notary.Public. ~ NOTARY a~,. ¢U~tJ¢ ,~'~'~"~ ~ · :: Z © O