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REOEIVED
REAL ESTATE MOR,T_G,¢I~E,JTY CLERK
KNOW ~1~ 1~1~ BY THESE P~i~l~¥~?[l~t:t ~ohn D. Harris
and Barbara J. Harris, husband and ~el;l~.!'~&'~;?~'~!;.~as Mortgagor,
regardless of number or gender, of 427 5th Street, of LaBarge, County of
Lincoln, State of Wyoming, 83123 to secure the payment of the principal
sum of TWENTY-THREE THOUSAND AND NO/100 DOLLARS
($23,000.00), with interest at the rate of eleven percent (11%) figured semi-
annualiy, as evidenced by a Promissory Note dated of even date, herewith
payable to the order of Note Tracker Corp. of 50-19 69th Place, Woodside,
New York, 11377 also of 5255 Caminito Exquisito, San Diego, CA 92130,
herein referred to as Mortgagee, principal and interest to be payable as
follows:
$214.81 payable on the 5th day of May, 2004, and $214.81 on the 52
day of each month thereafter, for a period of Thirty years, until paid in
full.
Mortgagor HEREBY mortgages to the Mortgagee, the following
described real estate, situated in the Town of LaBarge, County of Lincoln,
State of Wyoming, as follows, to-wit:
Lot 17 and 18 of Block 26 of the First Addition to the Town of
LaBarge, formerly Tulsa, Lincoln County, Wyoming as described on
the official plat thereof, as filed and recorded in the Lincoln County
Clerk's office, in Kemmerer, Wyoming.
Subject to all restrictions, covenants, town ordinances, and easements
of record or vision.
Mortgagor hereby relinquishes and waives all right under and by
virtue of the homestead laws of the State of Wyoming and covenants that
he/she/they or it is lawfully seized of the premises, that they are free fr°m all
encumbrances, and hereby covenants to warrant and defend the title of the
premises against the lawful claims of all persons whomsoever.
And the Mortgagor covenants with the Mortgagee as follows:
1. In case of default in any of the payments stipulated in the Note,
Mortgagor, as further security for this mortgage and the note secured
thereby, hereby assigns, sets over, and conveys to Mortgagee all rents,
issues, and profits from the property.
2. At the option of Mortgagee, this Mortgage shall become due
and payable in full in the event of the sale or transfer of the property either
by Deed or Contract for Deed.
3. Mortgagor will pay the indebtedness as herein provided.
Mortgagor reserves the right to pay the debt in whole, or in an amount equal
to one or more monthly payments on the principal that are next due on the
note, on any date prior to maturity, without penalty.
4. Mortgagor will pay all ground rents, taxes, assessments, water
rents or costs and other governmental or municipal charges, or other lawful
charges, and will promptly deliver the official receipts therefor to
Mortgagee. In default thereof, Mortgagee may pay the same.
5. Nothing shall be done on or in connection with the property that
may impair Mortgagee's .security hereunder; Mortgagor will not commit,
permit or suffer any waste, impairment or deterioration of the property nor
any part thereof, and the property shall be continuously maintained in good
and sightly order, repair, and condition by Mortgagor at his/her/their or its
expense.
6. Mortgagor will keep the improvements now existing or
hereinafter erected on the premises insured as may be required from time to
time by Mortgagee against loss by fire and other hazards, casualties, and
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contingencies in such amounts and for such periods as may be required 15-~
Mortgagee, (in an amount of n°t less than the balance owed to the
Mortgagee) and the Mortgagor will pay promptly, when due, any premiums
on such insurance. All insurance shall be Carried in companies approved by
Mortgagee, and the policies and renewals thereof shall be held by Mortgagee
and have attached thereto loss payable clauses in favor of and in form
acceptable to Mortgagee. In the event of loss, Mortgagor will give
immediate notice by mail to the Mortgagee, who may make proof of' loss if
not made promptly by Mortgagor, and each insurance company concerned is
hereby authorized and directed to make payment for such loss directly to
Mortgagee instead of' to Mortgagor and Mortgagee jointly; the insurance
proceeds or any part thereof may be applied by Mortgagee at his/her/their or
its option either to the reduction of' the indebtedness hereby secured or to the
restorati°n or repair of the property damaged. In event of foreclosure of this
mortgage or other transfer of title to the premises in extinguishment of' the
indebtedness secured hereby, all right, title, and interest of` Mortgagor in and
to any insurance policies then in force shall pass to the Mortgagee.
7. In case'Mortgagor defaults in the payment of ground rents, if
any, taxes, assessments, water, or other governmental or municipal charges,
or other lawfial charges as herein provided, Mortgagee may without notice or
demand pay the same and in case of any failure on the part of Mortgagor to
comply with the covenants or Paragraph 5 hereof, Mortgagee may effect
such repairs as it may reasonably deem necessary to protect the property, at
the expense of' Mortgagor. Mortgagor shall repay such sums so paid and all
exPenses incurred by Mortgagee, with interest thereon from the date of
payment, at eighteen percent (18%) per annum, and the same shall be a lien
on the Premises and be secured by the Note and by these presents; in default
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of making such repayments the whole amount hereby secured if not then due
shall, if Mortgagee so elects, become due and payable forthwith, anything
herein contained to the contrary notwithstanding.
8. In the event the property is sold under foreclosure and the
proceeds are insufficient to pay the total indebtedness secured hereby,
Mortgagor binds himself/herself and/or itself personally to pay the unpaid
balance, and Mortgagee will be entitled to a deficiency judgment.
9. In case default is made in the payment, when due, of the
indebtedness hereby secured, or of any installment thereof or any part
thereof, or in case of breach of any covenant or agreement herein contained,
the whole of the then indebtedness secured hereby, inclusive of principal,
interest, arrearages, ground rents, if any, taxes, assessments, water charges,
expenditures for repairs or maintenance, together with all other sums
payable pursuant to the provisions hereof, shall become immediately due
and payable, at the option of Mortgagee, although the period above limited
for the payment thereof may not have expired, anything herein before or in
the Note contained to the contrary notwithstanding; any failure to exercise
such option shall not constitute a waiver of the right to exercise the same at
any other time; and it shall be lawful for Mortgagee to proceed to enforce
the provisions of this mortgage either by suit at law or in equity, as it may
elect, or to foreclose this mortgage by advertisement and sale of premises, at
public auction for cash, according to Wyoming Statutes governing mortgage
foreclosures, and cause to be executed and delivered to the purchaser or
purchasers at any such sale a good and sufficient deed or deeds of
conveyance of the property so sold, and to apply the net proceeds arising
from such sale first to the payment of the costs and expenses of such
foreclosure and sale and in payment of all moneys expended or advanced by
Mortgagee pursuant to the provisions of Paragraph 7 hereof, or other
appropriate Paragraph hereof, and then to the payment of the balance due on
account of the principal indebtedness secured hereby, together with interest
thereon and the surplus if any, shall be paid by Mortgagee on demand to
Mortgagor. There shall be included in any or all such proceedings a
reasonable attorney's fee. In case Mortgagee fails promptly to foreclose on
the happening of any default, it shall not thereby be prejudiced in its right to
foreclosure at any time thereafter during which such default continues, and
shall not be prejudiced in its foreclosure rights in case of further default.
10. In case of any default whereby the right of foreclosure occurs
hereunder, Mortgagee shall at once become entitled to exclusive possession,
use, and enjoyment of all property, and to all rents, issues, and profits
thereof, from the accruing of such right and during the pendency of
foreclosure proceedings and the period of redemption' if there is any; and
such possession, rents issues, and profits shall at once be delivered to
Mortgagee on request, and on refusal, the delivery of such possession, rents,
issues, and profits may be enforced by Mortgagee by any appropriate civil
suit or proceeding, including action or actions in ejectment~ or forcible entry,
or unlawful detainer or other proper legal action; and Mortgagee shall'be
entitled to a receiver for the property and all rents, issues, and profits
thereof, after any such default, including the time covered by foreclosure
proceedings and the period of redemption, if there is any, and shall be
entitled thereto as a matter of right without regard to the solvency, or
insolvency of Mortgagor or the then owner of the property, and without
regard to the value of the property or the sufficiency thereof to discharge the
mortgage debt and foreclosure costs, fees and expenses; and such receiver
may be appointed by any court of competent jurisdiction on ex-parte
application and without notice (notice being hereby· expressly waived, and
the appointment of any such receiver on any such application without notice
being hereby consented to by Mortgagor on Mortgagor's own behalf) and all
rents, issues, profits, income, and revenue of' the property shall be applied
by such receiver, according to law and the orders and direction of the court.
11. The covenants herein contained shall bind, and the benefits and
advantages shall inure to, the respective heirs, executors, administrators,
successors, and assigns of the parties hereto. Whenever used, the singular
shall include the plural, the plural the singular and the use of any gender
shall include all genders.
12. The Mortgagor and/or Mortgagors hereby releases and Forever
quitclaims to Mortgagee all his/her rights of' homestead in and to the above-
granted or described premises.
13. Default by Mortgagor. Mortgagee shall have the right to declare
the default of the Mortgagor(s) upon the Mortgagor(s) failure to fulfill
his/her/their or its obligation stated in any one or more of the above
paragraphs, and to proceed pursuant to any one or more of' the above
Paragraphs. The Mortgage may also declare a default upon any one or more
of the following:
(a. The failure of' the Mortgagor(s) to make any payment required in
this Agreement at the time it falls due;
(b. The failure of' the Mortgagor(s) to abide by any one of' the terms
and conditions of this Agreement;
· (¢. The filing cfa Petition For the adjudication of the Mortgagor(s), or
any one of the Mortgagor(s), if more than one, as a bankrupt.
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14. The undersigned hereby certify and guarantee and represent
he/she/or they have the right and authority to sign this mortgage on behalf of
Pronghorn Properties, LLC.
DATED this ~__?~day of Apr-i~, 2004.
MORTGAGOR
MORTGAGOR
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
~The foregoing Real Estate Mortgage was '
of~, 2004 by John D. Harris. acknowledged before me this ~/~___-~day
WITNESS my hand and official seal.
My Commission Expires: ~7__L2_z~- ,~,~ 'y
STATE OF WYOMING )
) SS.
COUNTy OF LINCOLN )
The foregoing Real Estate Mortgage was ac
°f~''s ", 2004 by Barbara J ~T_ · knowledged before me this/,,~da,, ---'~'""~~~e~and and official seall