HomeMy WebLinkAbout898922 5539 RP
BOOK
REOEIVED
LINCOLN 00UNTY 0LERK
MORTGAGE
898922
U,..'.
KIM
R.
PRAZMA
with
DONALD D. PRAZMA and
~tn[s
Rights of Survivorship, of Thayne, Lincoln County, Wyoming, to secure the payment of
Four Hundred Fifty Thousand Dollars ($450,000.00) due with interest thereon at the rate
of four percent (4%) per year (said sum and the interest thereon, being referred to as the
indebtedness), payable in accordance with the provisions of that certain promissory note,
dated April 30, 2004, hereby mortgage and warrant to ALVIN L. ROBINSON and
ALICE L. ROBINSON, Trustees of the ALVIN AND ALICE ROBINSON FAMILY
TRUST, dated April 10, 1997, or their heirs, successors, or assigns, mortgagee, of Afton
Lincoln County, Wyoming to-wit:
CarWash Express 276 NOrth Main Street, Thayne, Wyoming 83127, more
particularly described as: A portion of the Northwest (ummmbered block,
sometimes referred to as Block 8) of the Van Noy Park Subdivision, map of
which was signed by Thomas L. Van Noy on the 28~" day of August, 1915 and is
now designated as Map No. 185, being part of the SWI/4NE1/4 of section 23,
T34N RI 19W of the 6'h P.M., in the Town of Thayne, Lincoln County, Wyoming,
more particularly described as follows:
BEGINNING at a point 863.50 feet North and 182.32 feet, (measured) (150
recorded) East from the Brass Cap monument marking the Center Quarter. corner
of said Section 23, said POINT OF BEGINNING being an iron pipe monument
marking the Southeast corner of the Don Aullman property; thence North along
the Easterly line of the Aullman property, 90.00 feet, more or less, to the
Northwest corner of that tract of land described in Warranty Deed recorded in
Book 82PR on page 158;
thence East 91.71 feet, more or less, to 'the East line of Lincoln Avenue 33 feet
wide;
thence South, along last said East line, 90.00 feet;
thence West 91.71 feet, more or less, to the point of beginmng.
ALSO, a portion of the Northwest (unnumbered block, sometimes refen'ed to as
Block 8) of the Van Noy Park Subdivision, map of which was signed by Thomas
L. Van Noy on the 28'~ day of August, 1915 and is now designated as Map No.
185, being part of the SW1/4NE1/4 of Section 23, T34N R119W of the 6'~ P.M.,
in the Town of Thayne, Lincoln County, Wyoming, more particularly described
as follows:
BEGINNING at a point 863.50 feet North and 43.09 feet East from the Brass Cap
monument marking the center 1/4 corner of said Section 23, .said POINT OF
BEGINNING also lying in the Easterly line of Highway US 89, 80 feet wide;
thence N0°59' W, along last said line, 90.013 feet to a cross in the concrete
sidewalk;
thence East 141.46 feet to an iron pipe;
thence South 90.00 feet to an ~ron pipe;
thence West 139.915 feet to the POINT OF BEGINNING.
Mortgage
Car Wash Express
Page 1 of 3
089S2 902
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 shall, at mortgagee's option, become due and payable
forthwith, and mortgagee 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, mortgagee shall retain or receive all sums due to it hereunder, and costs
of foreclosure and sale including attorney fees in an amount equal to ten percent of the
indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in
any equitable action brought to foreclose this mort. gage.
To fully assure mortgagee the benefit of the secuhty interests in the premises
granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable
for the use and occupancy of the premises by an person in pos,session thereof with
mortgagors' consent. If default occurs in any of the covenants and agreements herein
contained, whether or not mortgagee elects to foreclose this mortgage on account thereof,
mortgagee shall at once be entitled, and is 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 this mortgage upon default, mortgagee shall be
entitled to the possession and enjoyment of the premises and the incident rents, issues,
and profits thereof from the time of such default and for and during the pendency of
foreclosure proceedings and the period of redemption, if any. If mortgagors should fail to
surrender such possession to mortgagee promptly upon its request therefore, mortgagee
'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 value of the premises, or the sufficiency thereof to
discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled
to a receiver for the premises and the rents, issues and profits thereof from the time of
default to the expiration'of any redemptive period provided by laTM. Such receiver may
Mortgage
Car Wash Express
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903
be appointed by any court of competent jurisdiction upon ex part application, without
notice, notice being hereby waived and the appointment of a receiver upon such
application being hereby consented to by mortgagors.
Hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
WITNESS our hands this 9~~
day of April; 2004.
D~b"NALD D. PRAZMA ~
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me this ~h~day of
April, 2004, by DONALD D. PRAZMA and KIM R. PRAZ~~u~~~,m2x ~o~o. ~ .. Nou.~ ~u¢ ~'~,
NOTARY PUBLIC
My Commission Expires:
Mortgage
Car ,Wash Express
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