HomeMy WebLinkAbout901726205 MORTGAGE
901126
RECEIVED
i_lklOOLN COUNTY CLERK
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KNOW ALL PERSONS aY THESE PRESENTS, L"NESTE", a
married man as his sole and separate property, 421 East 700 North, Tremonton, Utah 84337
(hereinafter "Mortgagor"), to secure the payment of Three Hundred Ten Thousand Dollars
($310,000.00), with interest thereon, as provided in and evidenced by a Promissory Note of even
date herewith (with a maturi~ date of June 2~, 2019), and all renewals, modifications, and
extensions thereof, does hereby mortgage unto CALL READY MIX & LUMBER, INC., a
Wyoming Co~oration, 86765 Noah Highway 89, Afion, Wyoming 83110 ("Mortgagee") the
following described real property, situate in the County of Lincoln, State of Wyoming, hereby
releasing and waiving all rights under and by vim~e of the homestead exemption laws of the
State of Wyoming, to wit:
A portion of the NWI/4SE1/4 of Section 23, T34N, R119W 6th P.M., Town of
Thayne, Lincoln County, Wyoming, being more particularly described as follows:
BEGINNING at an Iron Pipe monument found near a fence corner in the East
Right-of-Way line of U.S. Highway 89 at STA 1405-43.59 and also being 1064.22 feet
S27°55'14"E from a BLM type monument set by Coon, King and Knowlton, lbund
marking the Center Quarter corner of said Section 23; thence N25°22' 12"W, along said
East Right-of-Way line 169.65 feet; thence N64°37'48"E 24.13 feet to the beginning of a
curve to the right having a radius of 100 feet (A = 20038'28", A/2 = 10°19'14'', L =
36.026', S.T. = 18.21', L.C.= 35.83'); thence running along said curve through a central
angle of 20o38'28" an arc distance of 36.026 feet; thence N85°16' 16"E 93.54 feet; thence
South 172.00 feet; thence S83°39'33"W 77.45 feet to the Point of Beginning.
Together with all and singular the improvements thereon or thereunto
appertaining (hereinafter the "Property").
Moitgagor 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; to secure,
maintain, and fi~rnish Mortgagee evidence thereof, insurance with an insurance carrier or carriers
acceptable to Mortgagee, covering the insurable improvements on the Property against loss by
fire, with extended coverage, in an amount not less than the unpaid balance of the debt hereby
secured, or the insurable value of such improvements, whichever is less, which insurance shall
contain an appropriate loss payable provision protecting Mortgagor and Mortgagee as their
respective interests may appear fi'om time to time. The insurance proceeds or any part thereof,
shall at the option of the Mortgagor, be applied either to the reconstruction of improvements on
the Property or to the payment of indebtedness hereby secured. In the event Mortgagor fails to
pay such taxes and assessments, or fails to keep and maintain such insurance as herein provided,
Mortgagor may pay such taxes and assessments and may secure and pay for such insurance and
all sums so paid shall be added to and considered a part of the indebtedness hereby secured and
shall draw interest at the same rate.
MORTGAGE
NESTER / CALL READY MIX & LtJMBER, INC.
PAGE I OF 3
In case default shall be made in the payment of the above sums hereby secured, or in the
payment of interest thereon, or any part of such principal or interest, when the same shall become
due; or in the case default shall be made in any of the covenants and agreements thereof, which
default is not cured within thirty (30) days after notice thereof is given by Mortgagee, or in the
event that 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
indebtedness hereby secured, with interest thereon, shall become due and payable, at the option
of Mortgagee, and Mortgagee's legal representatives and assigns, may proceed by advertisement
and sale and/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 any default whereby the right of foreclosure occurs hereunder, Mortgagee
shall at once be entitled to exclusive possession, use, and enjoyment of the Property, and to all
rents, issues, and profits from the accruing of any such rights and during the pendency of the
foreclosure proceedings, and the period of redemption, if there be on.
Mortgagor warrants title to the Property as to parties claiming by or through or under
Mortgagor only.
The Property is not agricultural property as defined in Wyoming Statutes {} l-18-103.
WITNESS my hand this 30th day of June, 2004.
I, LAURIE J. NESTER, hereby sign this Mortgage solely for the purpose of releasing
and waiving all rights under and by virtue of the homestead exemption laws of the State of
Wyoming.
WITNESS my hand this 30th day of June, 2004.
"' LAURIE J. NESTER~
MORTGAGE
NESTER / CALL READY MIX & LUMBER, INC.
PAGE 2 OF 3
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me by Kevin L Nester this 30th day of June, 2004.
eal.
County of /~4~ State of
lincoln '1~ Wyoming
~;~n Expir se July 16, 2007
My Com,nission expires: o7~/~7
STATE OF WYOMING
COUNTY OF LINCOLN
)
) ss.
)
ACKNOWLEDGED before me by Laurie J. Nester this 30th day of June, 2004
seal.
My Commission expires: 07/1~/07
MORTGAGE
NESTER / CALL READY MIX & LUMBER, INC.
PAGE 3 OF 3