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HomeMy WebLinkAbout904675PROMISSORY NOTI RECEIVED 11/18/2004 at 10:47 AM RECEIVING # 904675 BOOK: 573 PAGE: 17-20 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, V $190,760.00 Dated October,, 1, ,-21'104-, Principal Amount 3tate O[:.wvommo, . FOR VAL~ ~CE~D, the undersigned hereby j~,intly and severally promise to pay to the order of ~ymond ~ Triplett, Jrt, the sum ol',,~]c hundred ninety thousand, seven hundred and si~y dollars. ($190,760.00) together xvith interest thereon at the rate of 6% per a~um on the unpaid balance. Said sum is ~t, bc tbr a home loan for the house ~d prope~ located at 357 Wooden Spur D[ 0ots 12 :t~lct 13 Greys ~ver Village Second Addition) ~pine, Wyoming. This note is to replace the promissory note dated Oct~,l,,:r 16, 2003 executed for the purpose of a construction loan on the aforementioned ]'t.',tl property. It is to be secured by a mortgage on the property. Monthly payments will be due on the 15th of each mo~h to be paid in arrears, the first payment being due November 15, 2004, in equal pal ~cnis amortized for a period of 30 years (360 months) with the balance due in a balloon I,<~ mcnt in seven years from the date of this note (October 15, 2011). The monthly pa~ ~,:nt amount is $1,143.70. All paymentg shall be first applied to interest and the bala~ce to principal. This note may be prepmd, at any time, in whole or in part, without pc~ally. All prepayments shall be applied in reverse order of maturity. This note shall at the option of any holder hereof be imr,~cdiately due and payable upon the failure to make any payment due hereunder within '~() da.¥ s of its due date. In the event this note shall be in default, and placed x~ill~ a t~ attorney for collection, then the undersigned agree to pay all reasonable attorney fi.c., ',~nd costs of collection. Payments not made within eighteen (18) days of due (1~ ,: shall be subject to a late charge of 5% of said payment. All payments hereunder shall I,e made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this note, whc[llcl [t s endorsers, guarantors or sureties, agree to remain fully bound hereunder until t l~i,, m)te shall be full y paid and waive demand, presentment and protest and all notice.,, ~l~c~ oto and further agree to remain bound, notwithstanding any extension, renewal ~ Jt,dification, waiver, or other indulgence by any holder or upon the discharge or relca ~,,: o1' any obligor hereunder or tho this note, or upon the exchange, substitution, or releas~~ ,,1' any collateral granted as security for this not. No modification or indulgence bx ~,~, holder hereof shall be binding unless in writing; and any indulgence on any o~,- occasion shall not be an indulgence for any other of future occasion. Any modil~czttion or change of terms, hereunder granted by any holder hereof, shall be valid ~ ~'~1 bi nd ing upon each of the undersigned, notwithstanding the acknowledgment of ~JJ~ ~,t' the undersigned, and each of the undersigned does hereby irrevocably grant to earl t~t' the others a power of attorney to enter into any such modification on their behalf. T I,~: rights of any holder hereof shall be cumulative and not necessarily successive. This no~ c shall take effect as a sealed instrument and shall be construed, governed and en li,~'cccl in accordance with the laws of the State of Wyoming. The undersigned hereby ex~,c~tc this note as principals and not as sureties. Signed in the presence of: Witness Witness Julic. R. Triplett ~t ~- Bon'c~x~er INDIVIDUAL ACKNOW! ,I;'~I)GMENT THE STATE OF WYOMING ) )S.S.: County of Teton ) appearedOn tb/is~/~ ;...of.. . E] who is personally know to me [whoseidentity I proved on the basis of satisfactory evidcllce [---[ whose identity I proved on the oath/affirmation of , a credible witness, personally to be the persgx_~escribed in and who executed the forego in,, instrument and acknowledged that [~] he [-'] she/12~they executed the same as F--[ his F-] hex' [~lhcir free act and deed. / This~.~tary Certificate is pre. pared on a separate pztgc and is attached to the document entitled '- 7t//~O/'0 _/.~/~ /r~/0 ~ containing ~ ~ pages and is attached to that document b~ m~ans of stapliflg. ' .... Given under my hand and seal the date first above written Notary Public My Commission expires: ff-[3 ",.~7'~ .7' t ti !TY OF iffll~'~ STATE.O.F- {{ MORTG] . GE Mortgagors of //V~ County of ..~.,//~//~/ State of Wyoming, hereby mortgage to Mortgagee of a~ ' ' '- ' ' I /Z/~ 3]/~ (~/~0,~) the iollowing described tract of land in ~0/~ County. State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homes~, .,I ~ :,,relation laws of the State, to-wit: This mortgage is given to secure the following indebtedness: terest a~ the rate of 10 percent per annum from the date of such default, and this default, Mortgagors grant to Mortgagees a Power of Sale to foreclose on and sell Stat , 1977 or its successor. This mortgage is intended to cover the rents and profits of said property, and cc,., .: ~ h,.cchy given after default, for the appointment of a receiver by any competent court and the receiver is hereby authorized to rent the said propert .... ~..q 1,11~ d~c proceeds on this obligation. ........ The .... Mortga. goraagree_to~ -keep_th¢_lgrl. lj~i.,l~glkl~.~~or~ said remises ....... or hereafter t-~. , t. , I , h,, v, ,nfi fily insured against loss by fire in some fire insurance company approved by the mortgagee, with loss, if any, payable to mortgagee, during ~t. h h . ,Itt,is mortgage. The Mortgagors also agree to pay all taxes and assessments on said premises, in, L, I. [:: ,m5 assessments that may be levied on water rights or shares of stock used in connection therewith, or held as collateral with the above note; als,, . , ~' ~}t,I may be assessed by reason of this mortgage or the debt secured thereby, and reasonable attorney's fees in case of foreclosure, or the commc~ .... , . ~ , ,t m0' legal proceedings for foreclosure of the same, and said attorney's fees shall be added to the amount due on this mortgage, andmadealien,. I. l, , mls~-~ described herein. In case ofdefault in the payment of any sum covenanted to be paid, either the principal or interest when the same shall I. , , tim- and payable, or in case of default in the performance of any covenant herein contained, the.whole amount of this indebtedness secured hes~ .. ~ ,,. I,,. intmcdiately desclared due and payable, and to bear in- h,rcdosed at the option of the legal holder. In the event of 1'"~5 m public auction pursuant to §34-4-101 et seq. Wyo. WITNESS the hand ofsaid mortgagor, this Signed in the presence of STATE OF WYOMING }ss. - --- County of Onthe A.D.,~I'9''~ . personally appeared before me the signer_~ of the within instrument, who duly acknowledged to me that ~'he7 executed the same. C ommission~.pires: Residing in Entr~ '~ RECORDING DATA Fee $ ~a L. Va,: ;OUN~' TETO .;OMMI~ I,( , )k' I')ED [] \ I'F,D [] ' )\II'ARED [] ?IOTARY PUBLIC STATE OF INDEXED [] [] ABSTRACTED [] DELIVERED []