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HomeMy WebLinkAbout8983910 RECEIVED LINCOLN COUNTY CLERK 898391 MIC~IAEL BERTAGNA AND ANDREA BERTAGNA, HUSBAND AND WIFE, OF 46 Peace P:pe, wimberly, TX 78676, [herein collectively called "MORTGAGOR"), to secure the payment of TWENTY THREE THOUSAZ~D DOLLARS (823. 000.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is the 10th day of March, 2014) and all renewals, modification and extensions thereof, do hereby mortgage unto ~ L. LOERT$C[4ER, Of 38456 U.S. Hf Ehway 89 eneva, Ip R q ? qR (herein called "MORTGAGEE"), the following described realproperty, 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: SWWNW~ of Section 21, T28N Rll~W of the 6th P.M., Lincoln County, Wyoming lying being situate weeterly of u.s. Highway 89 aa shown on ~he pl&t NO. 395-C filed Nove~ar 18, 2002 aB /nstrumenc No. 885657 of the records of the Lincoln 6ounty Clerk. LESS AND EXCEPT any land described in Book 17 of Deeds on page 69 of ~he re¢ord~ of the Lincoln~County Clerk. MORTGAGOR agrees to pay the Indebtedness hereby secured; to pay ell taxes, assessments and charges levied against the Property, as the same become due end pavable; I - I ~ lll ll I. I II I . I .... _ ' - III I -- ' I - ' " :'-" - In the event MORTGAGOR fails to pay such taxes or assessments, · I ' --~--- I I I J ' - ........... . MORTGAGEE may pay such taxes end assessments _1- II . I ~ I I I I '1 ' I and all sums so paid shall be added to and considered a pert of t~ indeb!tedneas hereby secured and shall draw interest at the same r~te. 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 mede 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 thereig, without the prior written consent of the MORTGAGEE first had end obtained, then the whole Indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of MORTGAGEE, and MORTGAGER'S legal representatives and assigns, may proceed by advertisement and sale/or as otherwise authorized bv governing law, ..~ ~4. to foreclose on e nd 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 ~,.~,~ 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, .end 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 March., 2004. ~ ~ Michael Bertagna Andrea(~agna 8I 'd -!~J.OJ. Stats of Texas ) )~ County of Hays ) Tho foregoing instru_ment wes acknowledged, before me by Michael Ber~agns and Andrea Bertagna this _z~.? dey ol March, 2004. Witness my hand and official seal. /" ~qotery Public My Commission Expires: ~5) ~/~/13 ~'