HomeMy WebLinkAbout898735 RECEIVED
MORTG,N E0 Ct_ER <
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SMOKEE BALDWIN AND STEPHANIE BA~D~:,'Jausb_'an~:iat!d wife, mortgagor, of
Etna, Lincoln County, Wyoming, for good and valuable consideration, the receipt and sufficiency of
which is acknowledged, and to secure the payment of Ninety Thousand Dollars ($90,000.00), payable
in accordance with the provisions of that certain Promissory Note dated December 20, 2000, hereby
grants, bargains, conveys, mortgages, and warrants, with powers of sale, to DAVID BARBER and
TEss BARBER, husband and wife, mortgagees, of Thayne, Lincoln County, Wyoming, the following
described real estate situated in the County of Lincoln, State of Wyoming:
Land situate in the County of Lincoln, State of Wyoming, more particularly described
as follows:
N1/3 N1/2NE1/4NW1/4 of Section 27, Township 35 North, Range 119 West, 6th P.M.,
Lincoln County, Wyoming.
Together with an easement for ingress and egress and public utilities over, under and
through the East 50 feet of the South 2/3 of said N1/2 of the NE1/4NW1/4 of said
Section 27.
Together with an easement for ingress and egress as described in Warranty Deed
.recorded July 10, 1979, Book 157 P.R. Page 572.
Together with all water rights and improvements.
If default occurs in the payment of the indebtedness or in the payment of any installment
thereof, or if default occurs in any of the covenants and agreements hereof, then the whole
indebtedness shaH, at mortgagees' option, become due and payable forthwith, and mortgagees may
foreclose this mortgage either by advertisement and sale of the premises as provided by statute, or by
an action in equity. Out of the proceeds of any foreclosure sale, mortgagees shall retain or receive ail
Baldwin/Barber lqorl:gage Page 1 of 3
foreclose this mortgage either by advertisement ,anti sale of the premises as provided by statute,
or by ,'m action in equity. Out of the proceeds of any foreclosure sale, mortgagees shall retain or
receive all sums due to it hereunder, and costs of foreclosure and sale, including reasonable
attorney tees, the .same to be taxed as costs in any equitable action brought to foreclose this
mortgage.
To fully assure mortgagees the benefi£ of the security interests in the premises granted to
it hereunder, mortgagor hereby assigns to mortgagees all rents hereafter payable for the use and
occupancy of the premises by any person in possession thereof with mortgagor's consent. If
default occurs in any of the covenants and agreements herein contained, whether or not mortgagees
elect to foreclose this nmrtgage on account thereof, mortgagees shall at once be entitled, and are
hereby authorized, to collect the rents from the premises and to apply the same to the payment of
the indebtedness secured hereby until such default is remedied.
In the event of foreclosure of tiffs mortgage upon default, mortgagees shall be entitled to
the possession and enjoyment of the premises m~d the incident rents, issues, and profits thereof
from the nme of such default and for and during the pendency of tbreclosure proceedings and the
period of redemption, if any, If mortgagor should fail to surrender such possession to mortgagees
promptly upon their request therefore, mortgagees may compel delivery thereof by an ejectment
action or other civil proceeding appropriate to that purpose.
Furthermore and in addition to the remedies otherwise provided for in this mortgage and
by law, and as a matter of right, without regard to the solvency or insolvency of mortgagors, the
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169
notice, notice being hereby Waived and the appointment of a receiver upon such application being
hereby consented to by mortgagor.
Witness my hand this Z,Z'rVJday of December, 2000. ~_~?~E B~D~/~~~__~. _
T~P~dqlE BAL~)~I~ -
STATE OF WYOM1NG )
) SS.
COUNTY OF LINCOLN )
The foregoing instmmem was acknowledged before me by SMOKEE BALDWIN and
STEPHANIE BALDWIN this 2~*/day of December, 2000.
Witness my hand and official seal.
NfJ'TARY PUBLIC
My Commission Expires:
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