HomeMy WebLinkAbout900399 KNOIV_/IL.L MEN_3¥ T[It?.SE PRESt2'NTS, that~'BENJAMIN CARTER, a single
person, of 88724 US Hwy 89, Afton, County of Lincoln, State of Wyoming, (hereafter
"Mortgagor") to secure thi~. payment of the principal sum of twenty thousand dollars
($20,000.00), as evidenced by a Promissory Note dated of even date herewith, to the
order of ALLEN CARTER cf 88724 US Hwy 89, Aflon, County of Lincoln, State of
Wyoming, (hereafter "Mo'tgagee") to be paid as follows:
1. The Mortgagor will make payments to the Mortgagee as follows:
A. On the 15'" day of June, 2005, after the execution of this Mortgage and
Promissory Note 01: even date, the Mortgagor will pay to the Mortgagee the
amount of eight thousand dollars ($8,000.00).
B. On the ,I 5'" day of June, 2006, the Mortgagor will pay to the
Mortgagee the am ~unt of eight thousand ($8,000.00) dollars.
C. On the 15'" day of June, 2007, the Mortgagor will pay the remaining
balance including principal, plus interest in the amount of five percent (5%) per
annum and any penalties, in full, to the Mortgagee.
2. The Mortgagor may prepay the principal amount in whole or in part at any
time without penalty. An!: partial prepayment shall be applied against the principal
amount outstanding and shall not postpone the due date of any subsequent annual
installments or change the amounts of such installments, unless the Mortgagee shall
agree in writing.
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307-885-064
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3. If any payment is made more than 15 days after the date due the Mortgagor
shall pay an additional two thousand dollars ($200.00) in the form of a late payment
charge.
MORTGAGOR hereby mortgages to Mortgagee the following described real
estate, situated in the Ccunty of Lincoln, State of Wyoming:
Lot 4 of the Carter Family Exempt Subdivision, portions
being in the SE1/4 of Section 14, T31N, R119W of the
6'" PM, Lincoln County, Wyoming, said plat being
filed in the Office of the Clerk of Lincoln County,
Wyoming.
Together with all water rights, mineral rights, improvements and appurtenances
thereon situate or.in anywise appertaining thereunto. Subject, however,
to all reservations restrictions, exceptions, easements and rights-of-way
of record or in use.
Mortgagor hereby relinquishes and waives all rights under and by virtue of the
homestead laws of the State of Wyoming and covenants that it is lawfully seized of the
premises, that they are fl:ee from all encumbrances and hereby covenants to warrant
and defend the title of the :r3remises against the lawful claims of all persons
whomsoever.
MORTGAGOR Covenants with Mortgagee as follows:
1. In case of defauit 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 Mo,lgagee all rents, issues, and profits from the property.
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P.O. Box 1550
Afion, Wyoming 83110
307-885-0640
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2. To pay prompt y, when due, the principal and interest and other sums of
money provided for in said' Note and this Mortgage, or either; to pay all and singular the
taxes, assessments, levias, liabilities, obligations and encumbrances of every nature
on said property.
3. To perform comply with and abide by each and every one of the agreements,
stipulations, c. onditions, an~d covenants, set forth in said Note and this Mortgage or
either.
4. Failure by the Mortgagee to exercise any of the rights or options herein
provided shall not consti'~u'~e a waiver of any rights or options under said Note or the
Mortgage accrued or thei-eafler accruing.
5. Nothing shall be done on or in connection with the property that may impair
Mortgagee's security hereunder; Mortgagor will commit, permit of suffer no waste,
impairment or deterioration of the property nor any part thereof, and the property shall
be continuously maintair, ed in good and sightly order repair, and condition by Mortgagor
at his expense.
6. Mortgagor and Mortgagee agree that'there are no insurable improvements on
the property. Therefore, Mortgagor is not required to carry insurance on the premises.
7. In case Mortgag,ar defaults in the payment of ground rents, if any, taxes,
assessments, water or other governmental or municipal charges, or other lawful
charges as herein proviced, 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 of
Paragraph 5 hereof, Moi-tgagee may effect such repairs as it may reasonable deem
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necessary to protect the property, at the expense of Mortgagor. Mortgagor shall repay
such sums so paid and all :expenses so incurred by Mortgagee, with interest thereon
from the date of payment at five percent (5%) per annum, and the same shall be a lien
on the premises and be secured by the note and by these presents; in default of
making such repayments the whole amount hereby secured if not then due shall, if
Mortgagee so elects, becO"ne due and payable forthwith, anything herein contained to
the contrary notwithstand'.ng.
8. In the event the' property is sold under foreclosure and the proceeds are
insufficient to pay the tots l indebtedness secured hereby, Mortgagor binds itself
personally to pay the unp]id balance, and Mortgagee will be entitled to a deficiency
judgment.
9. In case default .,s made in the payment, when due, of the indebtedness
hereby secured, or of an~, 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,a 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 p!'oceed to enforce the provisions of this mortgage either by suit
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0'95
at law or in equity, as it nr'.'ls y elect, or to foreclose this mortgage by advertisement and
sale of the 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,
including reasonable attorney fee, and in payment of all money expended or advanced
by Mortgagee pursuant to the provisions of Paragraph 7 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. In c. ase Mortgagee fails promptly to foreclose on the happening
of any default, it shall no' 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 cas~. of further default.
10. In case of am'/default whereby the right of foreclosure occurs hereunder,
Mortgagee shall at once become entitled to exclusive possession, use, and enjoyment
of all property, ad to all r~;nts, issues, and profits thereof, from the accruing of such right
and during the pendency c)f 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 forceable entry, or unlawful detainer; and
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Mortgagee shall be entitll)8 to a receiver for the properly and all rents, issues, and
profits thereof, after any ~;uch default, including the time covered by foreclosure
proceedings and the peri3d .of redempt on, if there is any, and shall be entitled thereto
as a matter of right without regard to the solvency or insolvency of Modgagor or the
then owner of the property, and without regard to the value of the property of the
sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and
expenses, and such receiver may be appointed by any coud of competent jurisdiction
on ex parte application and without notice (notice being hereby expressly waiver, and
the appointment of any such receiver on any such application without notice being
hereby consented to by 1',4ortgagor on Mortgagor's own behalf), and all rents, issues,
profits, income, and revenue of the property shall be applied by such receiver,
according to aw and the.orders and directions of the court.
11. Mortgagor msy not convey or transfer any interest in or encumber the
described premises without the prior written consent of the Mortgagee. Mortgagor must
give Mortgagee written n)tice of Mortgagor's intent to convey or transfer any interest in
or to encumber the described premises at least thirty (30) days prior to the proposed
conveyance or encumbrar, ce. f all or any part of the described premises or an interest
therein is sold, transferr6'd or encumbered by Mortgagor without Mortgagee's prior
written consent, excludin'g death of a joint tenant or the grant of any leasehold interest
of three (3) years or ess. not containing an option to purchase, Mortgagee may, at its
option, declare the entir6 remaining balance due under this agreement to be
immediately due and payable and give written notice to Mortgagor thereof. After receipt
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307~885-0640
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of such written notice, Morigagor shall have thirty (30) days in which to pay t~e entire
remaining balance to Mo~gagee.
12. The covenants herein contained shall bind, and the benefits and advantages
shall inure to, the respective heirs, executors, administrators, successors and assigns
of the padies hereto. Whenever used, the singular number shall include the plural, the
plural the singular, and the use of'any gender shall include all genders.
13. Whenever us.ed herein, the terms "Modgagor" and "Mo~gagee" include all
the padies to this instrument and the heirs, legal representatives, and assigns of
individuals, and the succassors and asSigns of corporations; and the term "Note"
includes all the notes here~n described if'more than one.
IN I.~TN~J'S [F/l I~I~OF, Mmcgagor has caused/his mortgage/o be executed bi, its au/hon'~ed
£T~TE OF IVYOMING
CO UNTY 0 F LINCOLN
Ma_y, 2004.
hand ,¢n,.] oficia/ seal..
My commA'sion e.x~ires:
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P.O. Box 1550
Afiou, Wyoming 83110
307-885-0640
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