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HomeMy WebLinkAbout900257 RECE ' (.,LEr~K LI~...ICC.~L.N COl.. . 9 0 0 '"'I~IORTGAGE ',';' ,".", ' "Y_ l '~ BRI~'~KIRKH~ AND DI~EtKIRKH~, HUSBAND.~D WIFE';- 0'F"25 WEST MINGES ROAD, BATTLE CREEK, 'MI 49015, (hereis collectively called "MORTGAGOR"), to secure the paymeRt of FORTY UHOUS~D DOLLARS ($40,000.00) , with interest thereon, as provided in and evidencec[ by a promissory note of even date herewith (the ultimate maturity date of which is the 15th'day of JUNE, 2014) and all renewals, modification and extensions thereof, do hereby mortg~;ge unto BONNETT F~ILY ENTERPRISES, L.C. of 270 NORTH MAIN STREET, LINDON, E-T 84042 (herein called "MORTGAGEE"), [he following described rea proper, tv, situate in the County of Lincoln, State of Wyoming, hereby releasing and waving all rights under and bv virtue of the homestead exemption laws of the State of W~oming, to- wit: Lot 5 of Staghorn Estates, Lincoln County, Wyoming as described on the official plat No. 101-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 shal be added to and considered a part of the indebtedness hereby secured and shall d~aw 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 n 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 inJebtedness 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 an~. 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, is'Dues and profits from the accruing of any such rights and during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. MORTGAGOR warrahts title to the Property as to parties claiming, by through or under the MORTGAGOR only. Witness our hands this State of Wyoming day of June, 2004. ~-%~. ,, ~-'---~ Brian~irkham Diane~Kirkham County of Lincoln The foreooing instrument was acknowledged before me by Brian,~irkham and Diane~Kirkham this 7,~¢~.~-~day of June 2004.