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HomeMy WebLinkAbout900409 '? 29 BOOK_~-~ AGL~----~ L I N C ('~ ..,,,, ~ _., .,, q 0 8 t:. 0 5 '- "':'- A SIDNEY ~TH ~D CORRIE R. B~BERO OF P.O ~OX 112 FREEDOM, ~Y 83120, {herein coll6s~lv~l~ callsd MORIGAGOR ), ~o s~cur~ ~,~b~ ~ay~n~ THOUS~D DOLL, S {$70,000.00), ~i[hin~efes[thsFeo~, as DFovid~d' ]n and by a promissory no~o of e~en date herewith {the ultima~e ~a[uri~y da~8 of ~hich is the 21 SI DAY OF 3UNS, 2014; a~d all renewals, modification an~ ~xtonsions ~hereof, do herob~ mo~a~o unto KIM DRICKSON ~D L~N R. ERICKSON of 418 E. CH~BUCK RO~, CH~BUCK, ID 832C2 (he[ei~call~d"~ORTGAG55"], ~h~follo~in~ described ~eal situate in ihe Coun1~ o~ L~nooln, Sta~e o~ ~yomin~, hsreb~ relsasin~ and wavin~ all rights undBr and by virtue o~ tho homostsad oxemplion laws el th~ S~a~ of Wyoming, W~S~S~SE~ of Section 12, T31N Rll9W of the 6th P.M., Lincoln County, Wyoming. MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and char!los levied against the Property, as the same become due and payable; to secure, maintain aqd furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers accet~table to MORTGAGEE, covering the insurance improvements on the Property against loss by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value (replacement cost) of such improvements whichever is less, which 'nsurance shall contain an appropriate loss payable provision prolecting MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time. 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 assessment'., and may secure and pay for such insurance, and all sums so paid shall be added to and cons dared a part of the indebtedness hereby secured and shall draw interest at the same rate. In case defaul~' ~hall be made in the payment of the above sums hereby secured, or m the payment of the in~i.,rest thereon, or any part of such principal or interest, when the same shall become due; or n case of default shall be made in 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 waole indebtedness hereby secured, with interest thereon, shal become due and payable, at the option of MORTGAGEE, and MORTGAGEE'S legal representatives and assigns,.may proceed I:,y 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 foreclos.J[~e costs, MORTGAGEE shall be entitled to a deficiency judgment. In the event 'of any 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 ri nts, issues and profits from the accruing of any such rights and during the pendency of the i,~c,reclosure proceedings, and the period of redemption, if any there be. MORTGAGOE ~varrants title to the Property as to parties claiming, by through or under the MORTGAGOR orlv. Witness our hands ti,is Z[ day of ,2OO'~L.  Sidney S mit~n~J Corrie R. Barbero 720 State of Wyoming ) Jss County of Lincoln ) The foregoing instrument was acknowledged before me by A. Sidney Smith and Corrie R. Barbero this ~ 5.t' d],v of June, 2004. Witness my hand 'and official seal.