HomeMy WebLinkAbout901917 RECEIVED
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...... MORTGAGE
901917 {"" '" '
KNOW ALL MEN BYTHESE PRESENTS,'that .... '" "" ~'"
Joshu~ Edward Elude,and Diana Heiner
Flud, husband and wife, herein referred to as mo~gagors, of 989 Lincoln 120, Thayne, WY 83127,
to secure the payment of the principal sum of Eight Thousand Dollars ($8,000.00) with interest as
evidenced by a Promissory Note dated of even date herewith to the order of Maxine Heiner,
Trustee of the Glenn W. Heiner Family Revocable Trust dated January 15, 1992, ("modgagee") of
1277 Lost Creek Road, Thayne, WY 83127', principal and interest to be payable as follows:
With interest on the unpaid principal balance from May 10, 2004, until paid, at the
rate of five percent (5%) per annum. Principal and interest shall be payable in
consecutive equal monthly installments of $50.00 on the lOth day of each month,
beginning June 10, 2004, and continuing on the lOth day of each month thereafter
until June 10, 2014, when the entire remaining balance, including principal and any
accrued unpaid interest shall be paid in full.
hereby mortgage to mortgagee, the following described real estate, situated in the County of
Lincoln, State of Wyoming:
A portion of the Flud property, as referred to in the Deed recorded in Book 554 PR,
on Page 865, with the Office of the Clerk of Lincoln County, Wyoming, within the
SE1/4SE1/4 of Section 7, T34N, R118W, of the 6th P.M., Lincoln County, Wyoming,
the metes and bounds being more particularly described as follows:
BEGINNING at an Iron Pipe marking a point in the East line of said SEI/4SEI/4,
said Point of Beginning being 226.20 feet N0°41'14"E, along said East line, from the
B.LM. type Monument found marking Baker Engineers PE/LS 698, 1971 location for
the Southeast Corner of said SEI/4SEI/4; thence S89°56'16"W, parallel with the
South line of said SE,1/4SEl/4, 385.17 feet to an Iron Pipe; thenCe N0°41'14"E,
parallel with said East line, 226.20 feet to an Aluminum Cap on Iron Pipe; thence
N89°56'16"E, parallel with said South line, 385.17 feet to an Aluminum Cap on Iron
Pipe marking a point in said East line; thence S0°41'14"W, along said East line,
226.20 feet to the Point of Beginning, containing 2.000 Acres of land.
TOGETHER WITH and SUBJECT TO: The Non-Exclusive Right-of-Way Easement,
as referred to in said Deed.
SUBJECT TO: A 30-feet wide Right-of-Way Easement, along the South portion of
the above described Property, for Lost Creek County Road 12-120 as referred to in
the Right-of-Way, recorded in Book 169PR, on Page 414, with said Office.
TOGETHER WITH and SUBJECT TO: All Covenants, Easements, Restrictions,
Reservations, Rights-of~Way and Improvements of sight and/Or record.
Including any and all improvements thereon, together with the tenements, hereditaments,
and appurtenances thereto belonging, and the rents, issues and profits thereof.
Modgagors must give mortgagee thirty (30) days written notice prior to any conveyance or
encumbrance of any interest in said properly. If all or any part of said property or an interest
therein is conveyed or encumbered by mortgagor without mortgagee's prior written consent, the
mortgagee may, at modgagee's option, declare all the sums secured by this mortgage to be
immediately due and payable.
Mortgagors also agree to pay all taxes and assessments on said premises, including any
assessments that may be levied on water rights or shares of stock used in connection therewith, or
held as collateral with the above note; also any tax that may be assessed by reason of this
mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the
commencement of any legal proceedings for foreclosure of the same, and said attorney's fees shall
be added to the amount due on this mortgage, and made a lien on the premises described herein
In case of default in the payment of any sum covenanted to be paid, either the principal or
interest when the same shall become due and payable, or in case of default in the performance of
any covenant herein contained, the whole amount of this indebtedness secured herein may be
immediately declared due and payable, and to bear interest as provided in the instrument
evidencing the debt secured by this mortgage, and this mortgage foreclosed at the option of the
legal holder. In the event of default, mortgagors grant to mortgagee a Power of Sale to foreclose
on and sell said property at public auction pursuant to W.S. 34-4-101 et seq.
IN WITNESS WHEREOF, mortgagors have executed this Mortgage as of the 10th day of
May, 2004.
Joshua Edward Flud
/
"'k'~'Diana'Heiner Flud
0 49
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing Mortgage was acknowledged before me by Joshua Edward Flud and Diana
Heiner Flud, husband and wife, this ~' ? day of ~:.~ /~.~- , 2004.
Witness my hand and official seal.
NOTARY PUBLIC
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