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RECEIVED LII,.]COLf'~ OOUNTY OLERK ':'" 4 ' 21V ORTGAGE KNOW ALL PERSONS BY THESE PRESENTS, that B. RANDALL PIERSON and CYNDY PIERSON, joint tenants, of P.O. Box 2158, Salinas, California 93902 (hereinafter "Mortgagor"), to secure the payment of Twenty Thousand Eight Hundred Dollars ($20,800.00), with interest thereon, as provided in and evidenced by a Promissory Note of even date herewith (with a maturity date of September 1, 2006), and all renewals, modifications, and extensions thereof, does hereby mortgage unto WILLIAM G. HIBBLER and SHAWNA E. HIBBLER, husband and wife, of P.O. Box 2143, Cheyenne, Wyoming 82003 (hereinafter collectively "Mortgagee") the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laWs of the State of Wyoming, to wit: Lot 97 in Star Valley RanCh Plat 18, Lincoln County, Wyoming as described on the official plat thereof. Together with all and singular the improvements thereon or thereunto appertaining (hereinafter the "Property"). Mortgagor 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 furnish 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 from 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. 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 O O dfi;80 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 a WITNESS our hands this ~ day of ~PIERSON CY~'D~[ Statutes § 1-18-103. 004. ;RSON STATE OF ) ) ss. COUNTY OF ) this ACKNOWLEDGED before me by B. RANDALL PIERSON and CYNDY PIERSON day of ,2004. WITNESS my hand and official seal. SEE ATTACHED NOIARY CERTIFICATE NOTARY PUBLIC My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California "/ . SS. County of - 0530 a e ~ ~ ' Name and T~tle of Oflice~ (e,g,, "Jane Doe, Nota~ubl~") - personally appeared ~- ~[~( ~;~[r~ ~ V,~r~[,~ ~l'~~ ~ ' Name(s[ ol ~gner(s) I - / - ~ personally known to me ~ved to me on the basis of satisfacto~ evidence G COMM. #1414716 NOTARY PUBLIC - CALIFORNIA MONTEREY COUNTY ** My Comm. Exp. May 28, 2007 to be the person(s) whose name(s),~are subscribed to the within instrument and acknowledged to me that I~/s~e/they executed the same in h~/h~r/their authorized capacity(les), and that by M's/h,elr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE.~ my han~d and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~/~ ("~/""~ Document Date: __~.~ 'T'-,,,"~. "~ ~ ~ Number of Pa( Signer(s) Other Than Named Above: [] I_ndividual _ ~ Top of lhumb here [] Corporate Officer -- Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Solo Ave ,;PO Box 2402 · Chatsworth, CA 91313-2402 · www. nafionalnolary org Prod. No. 5907Reorder: Call Tell-Free 1-800-876-6827