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HomeMy WebLinkAbout904691MORTGAGE RECEIVED 11/18/2004 at 4:19 PM RECEIVING # 904691 BOOK: 573 PAGE: 64 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THOMAS S. ROBERTS, OF P.O. BOX 8103. JACKSON, WY 83002, (herein collectively called "MORTGAGOR"), to secure the paymum of ONE HUNDRED FORTY FIVE THOUSAND NINE HUNDRED NINETY FOUR AND. 13/100 DOLLARS ($145,994.13), with interest thereon, as provided in and evidenced by a promi.~sory note of even date herewith [the ultimate maturity date of which is the 15th day of December, 2034) and all renewals, modification and extensions thereof, do hereby mortgau,: unto CLAUDTA ~.. ROB~-RTS OF 1:[00 SEJ~FORD ROAD, SEJ~FORD0 VA 2.3696 (herein c~fllcd "MORTGAGEE"), the following described real property, situate in the County of Lincoln ~.~t~te of Wyoming, hereby releasing and waving all rights under and by virtue of the homesteaded exemption laws of the State of Wyoming, to-wit: Lot 126 of Star Valley Ranch Plat 5, ].i~]coln County, Wyoming as described on the official plat thereo£ 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 thureof, insurance with an insurance carrier or carriers acceptable to MORTGAGEE, covering th~ ~nsurance improvements on the Property against loss by fire and earthquakes, with extend,;d coverage, in an amount not less than the unpaid balance of the debt hereby secured, or the insurable value {replacement cost) of such improvements whichever is less, which insuraocu she contain an appropriate loss payable provision protecting MORTGAGOR and MORTGAGEF. as their respective interests may appear from time to time. In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain such insurance as herein provided, MORTGAGEE 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 her~;by secured and shall draw interest at the same rate. In case default shall be made in the payment of the ~bove sums hereby secured, or in the payment of the interest thereon, or any part of such principal or interest, when the same shall become due; or in case of default shall be made in arw ()f the covenants and agreements thereof, or in the event MORTGAGOR sells or conveys tl~e Property, or any part thereof, or any interest therein, without the prior written consem ui the MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, w~tf) 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/or as otl~er wise 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 sero 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 er)titlod to a deficiency judgment. In the event of any default whereby the righ[ uf foreclosure occurs hereunder, MORTGAGEE shall at once become entitled to exclusive po.~session, 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.p~ceedings, and the period of redemption, if any there be. Witness our hands this I ~ day of November, 2004. Thomas S. Roberts State of Wyoming ) )ss County of Teton ) The foregoing instrument was acknowledged before me by Thomas S. Roberts this day of November, 2004. Witness my hand and official seal. Notary Public