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HomeMy WebLinkAbout904015~'30979 (01) 90hOI WHEN RECORDED RETURN TO: Name: Gene Eppler, Trustee Address: P.O. Box 4480 Bedford, WY 83112 5 REOEIVED COUNTY OLERK MORTGAGE John E. Douville and Elizabeth G. (Bass) Douville, husband and wife, Mortgagor of Alpine, County of Lincoln, State of Wyoming, hereby mortgage to Gene Eppler, Tl:ustcc and Peggy Phyllis Eppler, Trustee 1995 Eppler Family Trust u/dA August 18, 1995, Mortgagee of I'O Box 4480, Bedford, WY 83112 for the sum of Two Hundred Thousand dollars and Zero cents ($200,000.00) the following described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to wit: See "Exhibit A" attached hereto This mortgage is given to secure the following indebtedness: one note of even date herewith for $200,000.00 made payable at the times and place and at the rate specified in the note This mortgage is intended to cover the rents and profits of said property, and consent is hereby given after default, for the appointment of a receiver by any competent court and the receiver is hereby aulborized to rent the said property and apply the proceeds on this obligation. The Mortgagors agree to keep the buildings now on said premises or hereafter erected thereon fully insured against loss by fire in some fire insurance company approved by the mortgagee, with loss, il' any payable to mortgagee, during the life of this mortgage. The 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 herewith, 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 reastmablc 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 dcfimlt in the payment of any sum covenanted to be paid, either the principal or interest when the same shall become due and payed, lc, 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 at the rate of 10 percent per annum from the date of such default, and this, mortgage foreclosed at the option of the legal holder. In the event of default, Mortgagors grant to Mortgagees a Power of Sale to foreclose on and sell said property as public auction pursuant to 34-4-101 et seq. Wyo. Stat.. 1977, or its successor. Signed in the presence of WITNE S the han aid Mort gor, ' ~ d~~ this 21 st day of ,October, 2004. ~-/]ol;m E, Douville / / / Eliz~cth (;. (Bass) Douvill'e - - STATE OF Wyoming COUNTY OF Teton On this 21 st day of October, 2004, personally appeared before me, J o h n E. Douville and Elizabeth G. (Bass) Douville who acknowledged to me that he/she/they executed the same. Witn~y hand and offic~s~ My co~ission expkes September 12, 2007. Land Title Company File Number: 30979 Mortgage - Buyer Ind Page 1 ~: i ·[~, ;.:.j;.: :~ . ~ EXHIBIT "A" ? DESCRIPTION FOR THE CAROL HOLDEMAN FAM~y TRUST, DATED 17 MA PARCEL 1.1 - AMENDED (2) To-wit: -. That part of Parcal 1 of Dell Creek Ranches, being part of the V~ T36N, R119W, Lincoln County, Wyoming, being part of that trac' of the Clerk of Lincoln County in Book 451 of Photostatic Reco Plat No. 341, described as follows: BEGINNING at the northeast comer of said W½SW¼; thence S00°-08'_19,,W, 375.00 t'e~, along the east line of said W~AS thence S46°-04'.59,,W, 841.00 feet to a point; thence S12°-49'_45-W, 298.81 feet, to a point on the northerly rig Creek Road; thence S64°.20'.05,,W, 33.32 £eet, along said right-of-way line, to of said Parcel 1; thence N00°.08,_10-E, 1267.41t feet, along said west line, to the Pm:col 1, marked by an aluminum cap monument inscribed "AVI P thence S89°-43'.30"E, 700.10 feet, along the north line of said Parc OF BEGINNING; ENCOMPASSING an area of l 1.80 acres, more or less; the BASE BEARING for this survey is the north line of the SE~ RI 19W, being N89o.54'.20,,W; Together with an access casement of record in said Office in Bo Records on paso 180; each "comer" found as described in the Comer Record filed or to b~ the Clerk of Lincoln County; each "point" marked by a $/8" x 24" steel reinforcing rod with inscribed, "SURVEYOR SCItERBEL LTD AFTON WY PLS $3~ details; all in accordance with the plat prepared to be filed in the Office of County titled,' "PLAT TO ACCOMPANY AMENDED (2) t APPLICATION FOR THE CAROL bIOLDEMAN FAMILY TRUS 2000 WITHIN THE W½SW¼ SECTION 14 T36N Rl lgW L] dated 9 June 200~Jfj)s ~vised. 200 ¥ =oooi {, ;-'. 05 4 8 ~ASW¼1 of Section 14, bf reco~d in the Office is on p~ge 503 and on a point; at-of-w~y line of Dell point o~ the west line ~rthwes~ point of said .'¢.L S 26i 7" :1 1, to the CORNER of Section 15, T36N ~k 367 ~f Photostatic filed in~ the Office of a 2" dluminum cap 8", wi0a appropriate the Clei'k of Lincoln ARCE~ DIVISION T, DAT{ED 17 MAY NCOL~ COUNTY,