HomeMy WebLinkAbout900659MRY-5-P004 10:59R FROM: TO: 13077336186
' RECEIVED
TH~S MO~T(;0G~ {s made as of fl~} g~~ day 0f Ma~,"2004, bet
RIDGE, LLC, a ~yoflfing Limited Liabili~ Company, P.O. Box 3165, Alpine,
g3128 (the "Mo~g~gor") an~ ROBERT TEIBEL, JR., a'mmzied m~ as his sole ~d'
property, 11711 Wos~ 90~ Avenue, St. Jo~, Indiana 46373 (the "Mortgagee").
WITNESSEW~ th2t to s~c~2 tBe payment of an indebtedness in th~
~o~ ~ '~id~d by a Promisso~ Note or even date~Ummre
ultimate maturity date or w .ic is January 1, 2005, or, ifa house is buil~ on thc
identified, then the date such ~ouse is occupied as a residence, whichever occu
renewals, modifications, ~d extensions thereof, the Mo~gagor hereby mo~ [gage.
Mortgagee the ]Bllowing d~scribed rea] estate sitCated in the Town or Alpi~m, C
Lincnln, State oF Wyoming, ~o wit:~
Lot 15 of the Trail Ridge Subdix
land records of Lincoln County, Wyomh
Instrument No. 8946' 8.
[sion as shown on the plat there
g on October 21, 2003, as Plat
Togethe.
thereumo belon
Subject
and rights-of-w
And the Mortg~
witli MI improvements and all other appurtenances and
,lng.
co all cc?venants, conditions! restrictions, easements, reset
Ly o'f eight mid/o r record.
or covenants wiih Mortgagee as :follows:
I. ~t. The Mortgagor shall Pay the indebtedness hereby secured
2. Prenavme. nf. T~e Mortgagor shall have the privilege o'fpaying the
at any time without premium or penalty of any kind.
~,onfing
epa rate
d' 1: i frY
[th the
'hq eiu
anc all
to the
runty of
~f filod in thc
{o 2;!5-E and
he :edil.aments
aUon~, rights,
age ~um
in person or
.eknotwledged
:ured tby this
[ giv4 when
tted either
. · ~-~
P:~/5 ¢
Mortgage.
' 8. Notice. A
mailed, and shall be addn
party from time to time in
7. Sthterr ent. T~e Mortgai[or, within twenty (20) days upon reques
· 1
within thirty (30-~ay upon ]request by nail, will furnish, a written statement duly
verifying and acknoWledging :the amount outstanding' on the indebtedness se
Ic~i [ sent certi!ied mail, shall be ..deem:
!, n~ces shall be
:ssed as follows or at such other plaee'a~q may be!des[~
writing in the ;amc manner as provided herein:
MORTGA(;E
3. Preservation df Property_. 'l'hc Mortgagor shall not do n or. in
cormectmn wtth th9 Propert ;]that may }mpatr Mortgagqe s sectmty hereunder.
, gor will
not eom,nit, permit, or sufi~ any waste, impaim~ent, 9r deterioration of.thc and the
Property shall be o°ntinUou~y maintained in good and sightly order, repair, condition by
Mortgagor at its expense. -~ ,'
assessments, ; :' =' ' ' ' ' '- ' ' :harL.,f (e,g.,
homeowners .~ opel
5. I avments by_ ," l'ortgag, ee. In the event Mortgagor defaults in the
r paymenl[0f any
lawful charges against the P¥ perry,
Mortgagee, at ~is sdle option and discretion, may p~'same.
Mortgagor covenants and agrees to
· reimburse such sums expended by Mortgagee, with~nterest
at the rate of eighteen pereer}t (18%) per annum, and the same shall constitute a lien ag~m the
Properly with priority as of the ]ate hereof. ' : ' st
6. Late PiymJnt Fee. If &:fault is made in' the payment required he]~ein, 4nd such
default is not cured within,tea (10) days of when due, then a late fee in the amountlof ten percent
(10%) of the amount lue ~all also be
:Iy~5-P004
Mortgagor:
Raven Ridge, LLC
Mortgageel:
.O. Box 3165
lpine, Wyoming ~3128
[oblrt T;ibei, J~r.
11711 West 90~h Avenuc
It. Jt~Im, i. ndian~a 46373.
the ~ropely to ~.the
11. Foreclosure Up_o_n_ Default
provided, the Mortgagee may)pr'oc~rsua~ht to the laws of the State of Wyomi
foreelos~e or advertisement and sale,'~ fbreclose on and sell the Property,
proceeds of such sale shall pay all sums secured hereby, including all costs and
lbreclosure proceeding.
Remedies. ]' 1'_' remediss
12.
prgvided in this Mortgage art distinct
any other right or rem'e_c[y under this Mprtgage or afforded by law or ec
exercised concurrently, indcpcndenffy or~ successively. Any forbearance :fy
exercising any right or remec~y hereunder, or otherwise alTorded by applicable· la,
deemed a waiver orlpreelude !he exerc~e ofany such right or remedy at any time.
(c)
governmental charges, quasi-goverm'nental charges ar
After the fissi~nment of, the lents of thc Property or
written consept of the Mortg~tgee, except ~ otherwise
(b)
After failure m exhibil~to t e Mortgagee, within th rty (30) days after
reeeiptq showing payment of all ground rents, tax~:s, water rents, sew
d assessments; or
my part thereof
provided herein; or
(d)
(e)
(0
(g)
If thc Mortgagor~ fail to keep., observe, and perform any of the other cc
conditions, or ·agreements contained in this Mortgage (not cured within pl
time .~mits); or
1
After ~'ailu[e to comply witp' ~y requirement or order or notice ofviolatic
or ordin~ce:issued by ~any gover~ental or qmsi-gove~ental ~
cl~ming j~isdicfi0n over ~e Property witlfin tl~ee (3) monthslfrom the
thereof; or
Upon sale lot ~r~sfbr bf ~ inten st in the Prope~ without Mo~gagee's
as herein prov:.,ded; or ~
An~hing in ~is Moffgage cont~ ed to thc contr~ n
necessary.~ ~ ,or M0~gagec or Mort agee's agent t~ not
de~hul~ unOer this Mortgage lbr f~ lure to make ~y re
mmme~ tw~ (;'[) times, then thc Mo~gagee shall ~ot
filahe~nottce ~f [dehult and the Mmlgage ~11, at the
detaul~ (~U all amomats ~cured hereby ~d payable
~d p~yab]e) lind the Moagagee shall have all reme.
fo~h herein. ~ I
)tw/thstanding, if it
[fy Mortgagor in w
:luired payments in
~¢ obligated to pro'
option of Mortgag
tereunder shall bc
.es available to hit
tN MORTGACE
RAV RIDGE, LLC / TEIBEL
PAGE 2 OF 4
demand,
:r refits,
]out the
venalltS,
~'scfibed
puoflaTM
thority
~SUILrlC(~
consent
shall: be
-iting of
timply
dc any
:e, be in
~lly due
~ aS set
herein
udicial
of the
o1' the
ttive, to
be
9, Warranty. Tim Mortgagor warrants the ititlc to the P[operty.
furnish and pay for'title insurance coverage insuring. MoYtgagee's intel'est in
1~11 amount of the indebtedntss(~secured hereby.
10. Del'hult. and_ Acc~lera,tion. The entire indebtedness securedlherel~ sba become
due and payable at the optio~of th.e l~lortgagee:
(a) Upon default }n/'ihe payment of any amount hereby seci[red or pal hie :reunder
(the amount .et] the'Proh~issory Note, late charges, la~wful eharj~s ag~finst the
Property,. amcuffts paid ~y Mortg.},~:gcc, attorney fees, collection costs, ,:tc.)
and
failure to cure such payment det~ilt within twenty (20) d~ys of writte
n notice
thereof; or
IAY~5-200q 10:SgA FROM:
TO: 100773061~
13. Receiver. 'Phc Mortga e, i~} any action or procedUre to tbreclos
power of sale, or qther ~ise~, shall bet. ntitled to the appointment of a receiver.
hereby consents theft, in :he event a rec lver is appointed, the Mortgagee may be
14. Possessi n.' I~ the ev,
possession of the Prope]ty dui'lng thc
tp'plichblc, un
period of redemption,
tt of default by Mortgagor, the Mortgal
~¢ndcncy of any Foreclosure proceeding:
er the laws of the State of Wyoming.
it (j~, by
The Mortgagor
:iver.
[o
any
15. Attorney find FOreclos{.re l~xpenses. It' any action or proceeding
to which action or proceeding ithe Mc rtg.a..~ee is made a party due to his interest
or in which it becomes ~neces~sary to initiate collection of the indebtedness
foreclosure proceedings (whetb. er or not suit is necessary), all sums pad by
expense of any litigation or proceeding to prosecute or to defend the rights
this Mortgage or to ¥oreclose this Mortgage or to collect the indebtedness
(including reasonable artomey?s tbes), shall e paid by the Mortgagqr,
thereon at thc rate ofleighteeg percent (1.8%~ iper pmum, and any su}:h sums
thereon shall b~ a lien ~n t~e P~:operty, prior to ~ny *ght, or title to, interest in,
Property attaching, or accrt~ing, ~;ubsequcnt to thi:, lie r~ofof this Mortgage, and shall
· , 16. Assi~nmen. I o'F Rents, ~ The MortgagOr hereby assign to the Mor' :ogeetthe rents,
issues, and profits, if any, ol'th..~ Property as further security for the[payment ofttte indybtedness
secured hereby, and the Mortgagor grants to the Mortgagee the rigl~t to entctr up(~n the Property
cha°r ,any, part. thereof, ~and to, apply, the rents, issues, and profits, a~er payment ~' all hecessary
rges aaa expenses, 9n at:count of the ir]debtedness hereby secured. This assigr~rnent [and grant
shall continue in effect unt~[ all sum/secured by this MortgageI are paid The fiJrtoao e hereb,,
wai~ves the~ r!ght to enter u~.on the ~ope~y for the purpo~'e oi' collecting said ~, i?mes, an~
pronts, and the Mortgagor shall be e~title~ to enllect m~d 'tO receive!said rents, issues, ar d profits;
provided that such right of tlae Mortgago[ may'be revoked by th~ Mortgagee up~on ar default
(not cured within the applieal:,le cure periol)hereundir' without nolice.
17. Deficien..c~. ~ I:a ~he evFnt the Property, is sold at f~breclosure (judicial,)nwer of
sale, or otherwise according to law) and the proceeds are insufficier~t to pay t~e i~td, btedness
secured hereb~y, ,Mortgagor .s?{l remain liable for the unpaid balande and M~tgage, will be
entitled to a deficiencyjudgn~ent. I
18. Due-On-Transfer. If all or any part o£ the Property or any equita~e o r ! meficial
interest thereto ~s sold or othcrwme transferred by Mortgagor ~without Mortgage~s prier written
consent, which shall' not b~,~urxeaSonably withheld, excludir}g (a) the ereatio~iol' a purchase
money, security interest for ap. pl~ianees, (b) a transfer by descet~t, devise, or ope~ior, of'the law
upon the death of any owner, or (c) the grant oF any leasehold i~ateres:! to the Pro ~rty of three (3)
years or less not ,,e,,o, ntaining an 0ption to purchase, Mortgageelmay~at : s sol
declare all sums secured hereby ~o be ir~tnediately due and paylble. 1' . option,
19. Set-Off. Mortgagor shall not be entitled to set-off or ' righl ainst
amounts secured hereb
20. Miscell~ aeons...,"' This Mortgage may not be chart rated ly. The
covenantS, agreements an~[ Conditions]contained in this Mortgag, thc and and
bind the Mortgagor, tm heirs~ ;succeslors, and assigns of the ~ ad all su >sequent
owners~ encumbrancer[, tenants, and subtenants of th~ Pr~,pert'~, and sh~ to thc of
the Mortgagee, the personal tep[esentakives, successDrs, and '~s [l o lortgage and all
subsequent holders of this Mc. rtgage. This Mortgagelshall be g, e laws of State
of Wyomin,g ' ~' . I [ '
· IN WITNESS ~-IEKEOF, thls Mortga ;e has bee duly executed by her.~by
relinquishing and waiving ¢11 eights under and b) virtue of the homestead exemption lm of the
State of Wyoming, ~ /'l ~ ~ '
RAVgN RIDGE, LL
a Wyoming Limited Li ~bility Cc
npany
MORTGAGE
,RAVEN RIDGE. LLC/TEIBEL
ced,
Property,
:cured or
for the
by
secured
wifl~ interest
intlerest
upon the
:o be
ELIAN '~. SPRAR~-'q
MEMBER
STAVE OF WYOMING
)'ss.
COUNTY O~ Ll~cot~ )
On this Z~b4~day o'f May, 2004
acknowledged to me that he signed the
RIDGE, LLC, for and on behalf of said
WILLIAM L. SPF~N
MEMBER
[
personally appeared befbre me BILL NEEB
foregoing Mortgage as Managing Member of
Eompany.
Witness my hand anti official seal,
My Commi.ssion exFires: 2-~.
NOTAR~
STATE OF WYOMINq
SS.
On this 7-~D~'-~ day cf ay, 200 personally appearec
who duly acknowledged to me that she signed the foregoing
RIDGE, LLC, for and on behalf of said Company.
PUBLIC
I
beft~re me ELLIN E. SI
ort~age as a Member of
Witness my hand and official seal.
SANDRA k MOEILE~Y~
· I
oo n, o,
Lincoln ~'~ WY°rain0
My Commis~pires:
[
N'OTARY PUBLIC
STATE OF WYOMING ).'
SS.
COUNTY OF L~roc~t~J ' f
On this Z~C-'~day' of May,, 2004, personally app~ amd be{ore me WILL]
SPEARIN who duly a~k~ovle(tgcd t~ me tha~ he .~igned the fc :egoing Mortgage as a Me
RAVEN RIDGE, LLC, for and on b~half of said Company.
~ SANDRA L. MORLEY- NOTARYPUI~UO $
County of ~' ' State of
Commissiop exP 'es: ' Z. ct
My
~I MOaTCAC~.
RAV mOGE, LLC/'r[~
PAGE 4 OF 4
)l
o duly
EARIN
AVEN
,M L.
~ber of