HomeMy WebLinkAbout900942 TH~ S~,¢o~o MORTGAOE DEED, Executed the....~...~.~. ........day of
, CLARK T. SONGER and'ALANA A..ROHDE -
hereinafter ~lled th~' MOB~A~'~, .w~ch tam shall include th~ he~, ieg~! repr~en~v~,
succ~ao~ ~d ~a of ~ M~go~ whoever the cont~t ~ ~qui~ or ~m!~, to
~Y E. SONGER, an unmarried worn
he,~l~iter ca]l~ the MOE~.AGEEs, which ~rm shah {nclud~
~ ~ees
WITN~E~: That for dlve~ g~ and valuable ~naid~a~o~, ~d aho in co~lderati~ of
the agg~a~ sum n~ In the ~oml~ note or not~
~ri~d, th, ~eipt wh~f ~ h~by ~owl~ged, lhe Mo~gago~ do h~by ~nt, b~ln,
all the cern pl~e ...... , ~! ...... ol t~ ..... of ~nd. of which the Mor~g~ ~ now zei~ ~d
g~
Loc 615-C Lakeview Estates Subdivision
Lincoln County, Wyomiag ~.. .........
(street address: 189 ?rail Drive, Alplne, ~yoming 83128)
9009L, 2
RECE rED
LINCOI_. ,! COUF,.. 'Fy CLERK
TO HAVE AND TO HOLD thc same, tolp~ther with ~11 and sin~ul~- the tenements, hm'zdlt~-
r- m -u ~,= ~v~mon ~a ~ralo~, ~maer ~d {ndm, ~n~,
,,,,,,
~ult.'o~ ~_ ~_~, ~m~Y, ~don, &I~ ~nd dmnd wNk~v~r ~ well In law ~ In
-- ~ - ,,.= ~u-~g~s or, m ~g ~ me ~ ina eve~ ~ ~d ~! thief un~ the Mo~-
ga~ In f~ ~ple.
~d the Mo~ga~ors h~by eove~t with the M~~s: t~t the M~a~ ~e fnd~
f~bly.s~d of ~id ~ N f~ ~ple; ~g the ~rtsaso~ have f~l ~w~ and la~ul right to
~nvzy the ~me In f~ ~ple ~ ~d; ~t It sh~ ~ ~ul for ~e
~My ~d quie~ ~ ~ u~n boM, ~upy and enjoy ~id ~ ~d ev~
~d hndh f~ f~m ~ Nc~c.~
excep~ Ehe firs~ mor~g~.ge recorded in ~he public records
Lincoln County, Nyomtng.
that the Mortgagors will make euch further assurances to perfect {he fee almple title to'said land In
the Mortgag~
a~an~rz~.._o_n~b_~..b~..r~,~d; .and_ that the Mortgagor. do h,r~by ,,lly warrant
the tlt]a to ~,ld
all parsons u ~uu ,very part ~nereo! ~na will defend ~he same against the ]awful claims o/
whomsoever.
PROVIDED ALWAYS, That L* the Mortgagors shall pay unto the Mortgagees the certain
promissory note or notes, ~f which the foliowinii~ in.words and figures is a true copy, .to-wit:
Prepared by: Brian H. Bibeau
q~.~,, ,, ~ . ,
$ 55,000
For value received, the undersigned (jointly and severally,
tothe order of MARY E. SONGER
the principal sum of Fifty-Five thousand
and No/100 DOLLARS ($ 55,000 ), with interest thereon at the rate of
per centum per annum from d~te until maturity, said interest being payable
July .~ , 2004
if more than one), promise to pay
five (5)
both principal and interest being payable ~ lawful money of the Unffed S~t~ of Amedcaat
2487 Odeil Court
Rio Rar'cho, NM 87124
or at such other address asth~ holder from ~ime toiimemay specify by written notlcetothemaker,
the principal and interest to b~paid atthe date or dates and in the manner following:
Sixty monthly payments of $1,037.92 each, beginning August 1, 2004
and ending July 1,.f2009
This note to be construed~' and enforced according to the laws of the State of~fand is
secured by mortgage on real estate of even date herewith,
If default be made in the payment of any of said sums or interest or in the performance of any
agreements contained herein~ ~hen, at the option of the holder of the same, the principal sum then
remaining unpaid with accrued interest shall immediately become due and collectible without no-
tice, time being of the essence, of this contract, and said principal sum and said accrued interest
shall both bear interest at the rate of ten per centum per annum, from such time until paid.
Each maker and endorser waives presentment, protest, notice of protest and notice of dishonor
and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if .
connsal ~hail a ,ter maturity of this note or default hereunder or under said mortgage be employed to
collect this hole or to protect ~he security thereof.
$ ................ ~-- .................. i~ State documentary
stamps affixed tO original not:e and cancelled.
Maker's A ddre[ss
'CLARK T.. SONGER
...... .... ...................
ALANA A. ROHDE
and shall duly. ~romptly and fully perform, discharge, execute, effect, complete, comply with and abide by each
and every the stipulations, agreemen~ conditions and covenants of said promissory notes and of ~ia mor~ag~, then
this mortgage ~d the .a~tz hereby created shall ceos. and bo null and
It ia unders~od that each of tho wo~s, '~ot~s," 'mo~gagors' and '~o~ea~' reap~tiv~ly, whe~ar in tho sin-
gular or plural an~har~ In ~ta mort~ge, shall b~ singular if one only and shall ~ plural jointly and szvarally
H mom than one, and that fha word~ "their" ~ used anywher~ in this mortgage s~ll ~ taken to m~n his, h.r or
its, wh~ravzr ~h~ cbnt~xt so implies or admi~. ~he words "promisso~ no~a * as used herein, shall ~cludz
coupon no~a (~ p~ded for ~ thir mortgage) wherever the context so requ~es or admits.
And ~e Mor~, hereby jolrfl~'y and severally covenant to a~d with the Mortgagees:
L To pay all and singular ~e~'p:~incipal end interes~ and the various and sun~ Sums of money payable
by ~rtue of said promisno~ no~s a~'td' this mortgage, each and eve~, promptly on the d~ye respec~vely the
s.v. rally ~come due.
2. To pay all and singular thn.t~es, assessments, leges, llabili~es, obligations and incumbrances of eve~
~ture and ~nd now on said described pro~rty, and/or that hereafter may ~ imposed, suffered, placed, le~ed or
assessed ~ereupon, and/or ~at h.re~ter may ~ le~ed or assessed upon ~ mortgage and/or the indebtedness
n~ured hereby, e~h and eve~, Whin' due and'payable according to In.w, ~ore theyb~ome delinquent, and before
any interest at~ches or ~ny penalty ~'s ~ineu~ed; and in so far as any thereof ~ of record the same shall bz promptly
satisfied and disc~ged or.cord a~ ~e orl~nal official do~ment (such aa, for lna~nce, the ~x ~ceipt or
s~tidnc~on paper bfticially endowed, or ~rt~ied) shall ~ placed in ~e hands of ~e Mo~gagee~ within ~n days
next ~r pa~enL
3. To keep the imp~vemen~ ro~ e~stfng or he'afar erected on the mortgaged pro~rty, insured as may
~ ~quired from time to ~me by the mo~gagee ~gainst loss by fire and other hazards, casu~ties~ and contingencies
in such amounts and for such peri('de as may be required by Mo~gagees, and to pay promptly, when due, any
premiums on such issuance. All insurance shall ~ ~[ed in ~mpanies desl~a~d by Mortgagees and the poli-
cies and renewals their s~ll be ~eld by Mortgagees and have a~ched there~ lose pa.yable ~auses in f~vor of
~d in fo~ ac~p~ble ~ ~ Mo~gees. In event of loss Mo~gagors ~11 give lmmed~ notice by mail to Mor~
gageez and Mo~gagees ma~ make pr~of of loss ff not m~de promptly by Mo~gagors, and each fns~ce company
concerned is hereby ~u~o~zed and dl~rec~d ~ make payment for such loss ~ctly ~ Mortgagees issued of
~o~gagors and Mortgages Jointly. ~nd ~e insu~nce proceeds, or any pa~ ~ereof, may be applied by Mortgagees
at their op~on either to tho reduct~o:~ of the indebtedness hereby secured or ~ ~e resto~on or repair of the
pmPe~y dem~d. In event of foreclosure of this me.gage or other t~nsfer of title to the me.gaged prope~y
tn extin~i~hment of ~e indeb~dms.~ secured hereby, all right, title, and in.rest of the Mo~gagore. in and
any instance policies th~n in fore. ~uH pass ~ the pur~aser or g~ntee, app~prla~ cre&t ~lng ~ven thereof,
d~r, but as of ~ date of such ~a~fer ~nd de~ve~ of pofleflion.
4. To remove or demolish no building on said premises ~thout the ~itten consent of the Mortgagees;
~[t, ~mml~ or 's~fer no ~te. ~mPal~ent or deterioration of said property or any pa~ ~ereof, and ~ keep
~e same and lmprovemen~ ~eon~l~ good condition and ~epa~.
5. ~at in ~e event the M°~gagors fail ~ pay and/or discharge the ~x~, assessment, levies~ liabilities,
obligations ~d incumbrances, or f~ ~keep said premhes insured or to deliver th. policies, p~miums pa~d, or fall
re. Ir ~ ~]d premises, ~ h~in agree~ ~e ~o~'tgegees ~'e ~;reby ~u~rl:~ ~t their ~ect[on ~ pay ~nd/vr
discharge said ~es, ~ssessmen~, leges, liabili~ee, obligations and incumbrances or any pa~ thereof, to p~cur~
· ~ pe~ for such ~e~ze or to make and pay for su~ repairs, without an~ obligation on their part ~ de~rmine
the v~hdity ~nd/or necessity of any thereof endwithout the Mortgagees waiving or ~fecting ~y option, lien, equity
or ~ght under or by~e of ~ls me'gage; and the full amount of each ~d every such pa~ent shall be immed.
i~ly du~ and payable and shall bear Interest from the date thereof until p~d at' the rate of ~n per eentum per
a~um, ~d, together with such in.rest, shall b~ secured by the lien of ~is mortgage; but no~in~ herein con~lned
shall ~ cons~ued as ~q~ing ~e Mortgagees to advance or expend moneys ~or any of ~e purposes in this
p~ph men~aned.
6. ~o p~y ~[ and sin~l~r t'he coat~, charges and expanses, ineludin~ ~son~ble ~er'a fees. la~er's
diaburaemen~ and cost o~ aba~ec~ ,o~ ti~e, lncu~d or paid it any time by tho ~o~ga~eea b~auae and/or in
· vent of ~e fell~e on the pa~ of Mortgagors duly, promptly and fully ~ pe~o~, dish.ge, execu~,
compleX, comply ~th and abide by each and eve~ the stipulation, agreement, conditio~ ~d covenants
~id promlsso~ nO~s ~d th~ mo~g~ge, any or either, and s~d cos~, charges and expenses, each and every, shall
~ imm*die, fy due ~nd p~yable, whether or not ~ere ~ notice, demand, attempt ~ collect or suit pend~g; and
full ~ount ofe~h and eve~ suc~'~e~ent eh~ll bear interest from ~e dam thereof unffi ~td at the ~te of ten
~er centum per ~num; and all suchf~c~:~sts, charges and expenses so ~cu~ or paid, ~ge~er with such interest.
shall ~ s~r~ by th~ lien of ~ie~ me.gage.
~. That (a) In the event of an'~ :breach of this me.gage or d~eult on ~e part of the Mo~ga~ors, or; (b)
the event any of said sums of m~hey herein referred ~ be not promptly and fully paid ~thin 10 days next
d~r the s~e severally become dye 'and payable, without dem~d or noti~; or (c) in the event each and eve~ tho
s~pulations, agreement, conditions m~d covenan~ of said promissory notes and this mortgage, ~.ny or either, are
not duly. promp~Y ~d fully p~orm~d, discharged, executed, dfected, comple~d, complied ~th and abided
or; (d) upon the ~ndering by ~y'cou~ of las~ reso~ of a decision thn~ an under.ag by the ~o~gagors
herein pro~ded to pay ~xes, ~s.ssmen~, leges, liab~ities, obligatio~ and ~cumbr~ces is legally ~op.rati~'e or
c~not ~ enforeed~ or in ~e event :~f~the passage of any law changing ia any way or respect the laws now in force
for the ~tiOn of mortgages or deb~ sec~ed ~ereby for any purpose, or the me.er of collection of any such
~xes, so as to aff~t this mortgag~ or the debt secured hereby; then, in either or any such event~ the ~aid
gate sum men~oned in said promissor,y no~s then remaining unpaid, with ~r~t accusal, and all money, secured
~ereby cheil become du~ ~nd' Paye~'~le ~ort~wit~, or there~f~r~ et th~ ~pti~ of ~e Mo~gegees, ae fully ~nd com-
ple~ly as ~ ~11 of the said sums of money were origi~lly stipulated to ~ paid on such d~y, anything In said
promisso~ notes ~d/or in this m~age to the contrary not~the~nding; and ~ereupon or ther~r, at the
option of the Mortgagees, without notice or demand, suit at law or In equity~ therefore or there~ter begun, may
~ p~s~uted as H aH moneys secured hereby~had matured prior ~ its ~e~tution. ' .
8. ~at, ~ ~e ev~t that et ~h~e be~nnin~ of or at ~y time ~ndin~ any suit ~pon ~is mortgage, or to fore-
clos~ it, or to reform it, and/or to ento~ payment o~ any claims hereunder, the Mortgagees shall ~pply ~ the
court having ju~sdiction the~o[ ~o~ the appointment of a Receiver such court shall forthwith ap~int a
ceiver of said mortgaged propertl~ all and singular, includin~ all and sin~lar:the income, profl~, issues and
revenues from ~vha~ver source de~v~ed each ~d every of which, it being ~re~sly understood, is Ee~by mor~
gaged as ~ specifically set forth a;~d described in the ~anting and habendum clauses hereof, and such Receiver
~hell have all the broad and eff~ti~e func~ons and powers in uny wis~ ent~s~d by a court to e Rcceiwr, and such
appointment shall bo ~de by suc'~ ~;ourt as an admitted equity and · mater of absolu~ ~ght to ~e Mortgagees,
and without reference to whether or not said mortgaged property be tn' whole or In part a hom~ate~ and without
reference to ~he ad~uacy or. inadequacy of the value of ~he property mortgaged or to the solve~y or insolvency
of the MortgaKors and/or of the ,]efendants~ and that such rents, profits, income, issues and r~vznu~ sh~ll be
applied by such Receiver ~ccording to the lien and/or equity of the Mortgage~ and the pre.ice of such courL
9. Duly, promptly and fully ~ ~orm, discharge, execute, effect, comple~, comply ~th and abide by each
and cVe~ the s'fipulations, agreement, conditio,n, and ~venants In said prom~o~ notes and in t~s mortgage
forth.
10, For the pu~, pose el inducln~ the Mortgagees to make the loan secured hereby, the Mortg,~gore represent
thai; Lhe renu now ~_ruing ~d here~/~r ~ ~tccrug upon ~.he mortg~.g~d premmu ~'s now ~nd du.r~ug the lile of
ghlg mol-tg'ag'e _shmlJ r~nlsin free ~ rJa~ur o! ~11 Usna, gneumbr~nces or pledge~
1L Dul~. promutl~ ~d fully to p~iform, ~omplx with sad abide by e~:h ~1 every the -~luu~tinn~,
m~nts, couditiona and coven~nta ~ontainod In tbs prior mort~ag, hereinabove d,ecrib~t, i~ any, and in the
ttou eecured thereby,.
IT IS MUTUAI~Y COVENANTED AND AGREED by and between the l~ortga_go_r~ and the Morts'~gees
that this mortgage and the promi~or~, not~ or not~ seeur~ hereby oonstitut~ · ~ contract, and shall be
~onsrrued ecoording to the lews of ~t Sto~. Wyoming
IN WITNESS WHEREOF, the Mor~agom ]~ve executed this mortgage ~ndar seal the day and year/Ira·
above writ r~m
in the presence of: ~AT.)____
CLARK T. SON,ER
ALANA A. ROltI)E
Before me. the underelrned authority, personally appeared this day
.__¢.~. T. __S_O~GER and ALANA A. ROHDE
to me well known a~i known to b~ tJ~ indlvid--L'~ dmm:zfbed In and wh~ mr~-utmd the foregoing fn~t~'ument~