HomeMy WebLinkAbout904759 RECEIVED 11/22/2004 at 3:52 PM
RECEIVING # 904759
BOOK: 573 PAGE: 284
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, VVY
ES TA TE 3 ;' ? 17 T GA GE "0 "';' 8
(Wyoming?
TItlS MORTGAGE is granted by GEORGE VERNON CARTWRIGII 'l .tlC., att unntarried ntan and REENA BETH
'RAUCHWERGER, an umnarried woman, as IIIORTGAGOR, to
-TJIdNA REINHART, a married woman dealing with her sole and ~, :.~m'att' protwrO~, as MORTGAGEE.
TRENA
I Pl TNE, g S E TIt:
3(ortgagot; for good and valuable considerations, the receipt of which is her, 4;
AND WARRANt, and further releases attd waives all rights under and by virtm, , :
his successors attd assigns, all of the following describedreal properO~, to wit:
' ,~,,! ',/,k, cd, does hereby GI~4NT, BARGAIN, SELL, CONVEY
,': ,.n ~h'ad exemption laws qf Wyoming, unto the Mortgagee.
Lot 108 itt Nordic Ranches Division No. 9, Lin, ~/t, ('o/tit(p, Wyoming, as described on the
official plat th ereof
TOGETHER WITH arty and all improvements, water and ditch rights, ri,t;/,,
hereditaments and apt)urtenances thereunto belonging or ia anywise appc,
said ~ortgago~; and any reversion, remainder, rents, issaes and profits
.... ,. ,:oscments. privileges, ventilating, tenements,
' ~,~ c,/' hereafterased on said land or belonging to
,, ~, i?tt!/?cr rqferred to as the "Proper*),".
This grant is httended as a Mortgage, a F£¥ture Filhtg attd Security Intbrest J .... '~< I'm t,o~'c ,~f Securiag:
I. Performance of each agreement of Mortgagor herein contained, each agrc ,, ~ . / ,.,,vc. nant contained in the loan documents associated with
this ntortgage, sad any extension, renewal, read. cation and/or amendment *her,',-' ~,. ,/,,cuments" shall inclade the above described note, this
mortgage, attd any other documents or instruments signed in connection with *hi,
2. Payment of the indebtedness eviclenced h), a promissory note of even date/,, :: .... '.d any extension or renewal thereq~ in the princit)al sum
of TEN THOUSAND ONE HUNDRED EIGHTY ONE DOLLARX ~ './o, 18 /. 00), the final pco,ment of princcal and interest thereof
~f not sooner pai4 to be final& due and payable OCTOBER 26, 2005.
3. Payment of all sach fio'ther sums ~ may hereafter be loaned or advanced/,, ~.5 ,/ tgogee.fiar atO, pu/7)ose; and any notes, drqfis and/or other
instruments representingsuch further loans, advances or mpendituresshall be o1,,', ~ ~t/~ the iV[ortgagee, and shall become due attd payable no
later than the.final maturiO~ date of said note secured hereby; and providedfiwth, , ~ t, thc express intention of the parties to this Mortgage that
it shall stand as continuing security until all such loans, advances or expenditur, . , ,'~ , u'i/h interest thereon, are paid in fidl.
A. To protect the $ecur[O, of this Mortgage, blortgagor warrants, covenants ami .2:t ,',%:
1. The property is free from all encuntbrances, except as may be described lw~.
against the law. fid claints and demands of all persons whomsoever; attd this co~'~'~
2. To keep all baildings and other impt'ovements now or hereafier existing in j,
or otheP improvement thereon; to complete or restorepromptly attd in a good u',,~
damaged or destroyed thereon; to pay whet, due all claims for labor performed .,,
affecting said property or requiring any alterations or improven~enls to be made
maintain, cultivate, irrigate, fertilize, fiunigate, prune, all itt a good attd hasbamh-.
permit change in the use of the property; to not do anything which woald redm:, ,;
,,/ H.~t .\[ortgagor shall warrant and defend the same forever
,~ ,'// ~, ,thc extinguished by foreclosure or other tran.[fe~.
,~:, liH.n and repai/7 to not remove or demolish o/~p building
IHt,/il, o' manner any iml)rovemenl which mcO, be constructed,
,'~,d.L/hcnished thereto or therefor; to comply with all laws
, ,'~, n,,[ comntit or permit waste thereqfor thereon; to
,,,, mzt~'c, the land and improvements thereto; to not change or
,/.,' ,4 the properO,,' and do all other acts which.fi'om the
character or use of said property may be rett~onably necessao~, the spec!ftc etmm. ~ , h 'rein not excluding the general.
3. To provide, maintain and deliver fire insurance satisfactory and with loss/,, ' o, ~ [~/'tgagee; to maintain liabiliO, insurance; to pco~ all
premiums and charges on all such insurance when due; and to provide Mcr*gag,. c..~, ,,'~'m'idence c~such insurance upon request, The amount
collectedunder anyfire or other insurancepolicy may, at ~Iortgagee~ option an,/ : , ,,tn.rich, he al)plied al)On any indeblednesssecuredherel~y in
such order ax Mortgagee determines, be released to Mortgagor in whole or part ...... ~:i , , ,m/ff/n/ti(m thereof Such application or re[ease shall not
cure or waive any dqfault or notice of default hereunder or invalidate any act d,
4, To pay before delinquency all ta,~es, assessments, or rents affecting said pr,
interest, affecting said properO, which are or may appear to be prior or superior
~sociated loan documents.
5. To pq)~ immediately and without demand all sums ex~encled by ~4ortgagec /,,
expenditure, at a rate equal to the interest rate payable under the prontissocI, non
greater.
6. To apPear in and defend any action or proceedingpurporting to affect thc .
demanc~ all ca~ts and expenses, inclucling without limitation, cost of title evidem.,'
incurred by Mortgagee to protect or eqforce its rights uncler bankruptc36 appellat:
become a part of the indebteclness secured by this mortgage.
7. Should Mortgagor fail to make any payment or to do any act ~ herein pr,
or demand ~q>on g4ortgagor and without rele~ing Mortgagor fi'om any obligati(.;
extent ~ Mortgagee m~v deem necessao~ to protect the security hereof Mortgag~
appear in and defend any action or proceeding purporting to q~ect the secariO,/?
or compromise any encumbrance, chatxe or lien which in the.juclgntent of Mortr.
such powers or in e~{forcing this Mortgage by judicial foreclosure or otherwise,
8. 7b comply with all laws. ordinance& regulations, covenants, conditions
limitation all environmental laws; not to use or permit the use of the ProperO,
environmental contamination or violation qf environmental laws that may occu/
ProperO~ to inspect its condition and to test and monitor for compliance with apl
for 3(ortgagee ~pu~poses only and shall not be construed to create any responsi/~
other persotO; to forward copies of any notices receivedfi'om any environmental
empleyees, ageats and his successors and ~signs, harmless fi'om and agaiast an
incurred in connection therewith, including, wi*host limitation, attorney's fees.
9, Any award of damages in connection with any condemnation for pablic us,
aad shall be paid to Mortgagee who may apply or rele~e such monies received/,
provicled for disposition of proceeds of fire or other insurance. .'
st/ch notice.
when due all encambrances, charges atul liens, with
/my all costs, fees and expenses of this Mortgage attd
~,'~ ~,, t/tc. l,,'ovisions here(~ with interes(h'om date of
' :/' ,/./,c,ve or twelvepercent (12°/3) per atmunt, whichever is
,',' ]i, ,~', ,, !f .r the rights or provers of Mortgagee; to pa3; on
,,,~,/,[~' atforne);'s fees, advances, and/or costs, paid or
· ,/i~,t? or otherwis< and all such costs and expense~ shall
. '~/,,~(t?gee, but withm~t obligation so to do and without notice
,~. m,~v: make or do the same in sacb manner and to such
:,:' ,.td.,rized to enter aport said proper(y fi;r such purposes;
',, [h~' /'i,~hls or powers of Morlgagee,' pco,, purchase, contest
,::',, ,;r ; to be prior or superior hereto; and itt exercising any
,~, ~, ', '~ s'arv expenses, costs and reasonable attorney ~ fees.
', '~ ~,.~,¥ qffL. cting the ProperO~ and its use, includiag without
:~,,~/.u /id or objectionable putT;o.e,' to remedy any
/: ~ ~,,~'~'rcd in the.fimwe; to allow }(orlgagee access to th e
/,~', (any inspections or tests made by g~ortgagee shall be
/;~/,tlit~, on the part of ggortgagee to ~(ortgagor or to any
, , t,, ~ [.ctgogee; and to D~clemn~; and hold 3[ortgagee, his
"'~ ,~,.t~',.to/ claims of any kind, and all costs and expeases
:,:,,;o1' t,J ,~aid property or a~o~ part therec~ is hereby assigned
: - ~,~ Htc same manaer a/rd with the same effect as above
I O. The faihu'e of Mortgagee to exercise at9, right or option provided herein at , ,,~ /tall ual preclude Mortgagee fi'om exercising any of such
rights at arty other time; by accepting p~yment of any sum secured hereby after i~. .... ' ,t,, :~ [.ctgagee does not waive his right either to require
prom?*payment when due of all other sunt~ so secured or to declare default for fi. t,, /"0'; all rights coqferred on Mrortgagee are cunadative
Real E,~'tate Mortgage (1/99) - Page
~w~/NordicA~[FG
and additional to any rights conferred by la;¢;' and if any provision is found
not qffect a~W otber provision hereof and the mortgage sha~ be construed ~
11. ~s additional securiO; Mortgagor hereby gi~ to and coquets upon
mortgage, to collect fhe rents, issues and profics of said properO, as ffiey becom~
default by Mortgagor in payment of rog, in&btednesssecured bereby or in pe~y
such rents, &sues and prq~ts. Upon any such default, Mortgagee may al a~
receipe~5 and'without regard to the a&quacy of any security for the in&bfednc.~
an), part thereof in his own name sue for or otherwise collect such l'ents, issaex
same. less costs and e~penses of operation and collection, including re~onable
order ~ Mortgagee may deterndne. The entering upon and taking possesston
. application thereof~ aforesaid, shall not cure or waive any default hereunder
12 DUE ON SALE: The indebtedness and obligations secured by this mortg
A.[ortgagee h~ relied upoa the credit of Mortgagor. the interest of Mortgagor
making this loan. If Mortgagor transfers or contracts to tran{fet; title to or pox
therein, whether by deed, contract for deed. ~signment. lease for a term in exc~
or similar agreement; or ~ the ownership of any corporation or partnership, o~
voluntaEv or involuntary sale or tran{fer or by operation of law. Mortgagee mm
loan documents ~sociated herewith, in,nediatelydue and payable. Noncom~li~
obligation which shall entitle Mortgagee to ~ffectuate any and all remedie~ prov:
13. Time is of the essence and a material part qf this agreement b* the evem
hereby shall forthwith become due and payable and bear interest at the rate qf
right to foreclose the lien of this mortgage, to have a recetver appointed in any
Property and apply them against the indebtedness hereby secured; to sell the Pr,
of Mortgagee, and to exercise any rights and remedies available under the Un(f
and re~onable notice ~required by such Code shall be five (5) days.
14. The 3gortgagee may at any time, without notice, rele~eportions qf said
the personal liability of any person for the payment of the said inclebtedness or
premises for the fidl amount of xaid indebtedness then remaining unpaid. '
15. Mortgagor and each of them join in this instrument for the purpose of su/
whether of record or otherwise and including any r~ght to possession, to the liet~
16. This mortgage, all loan documents and the note(s) secured hereby shall
Wyondng. h~ the event of default, Mortgagor grants to Mortgagee a Power of X.
to Wyoming Statute Section 34-4-101 et:seq.
17. This mortgage applies to, inures to the benefit of and binds all partiex hc~
assigas. The term g,Iortgagee shall mean the holder and owner of the note secu,
this 3(ortgage, wherever the context so requires, the m~caline gender inchdes
plural.
. /,~' unel!forceable, such invalidiO, or uneqforceabiliO,shall
"~ !'r.l'ixion had been omitted.
l i,!,/it, power and authoriO~, during the contimtance of this
.. ,dde; Reserw'ng however anto Mortgagor; prior to alD,
..... agreemeat hereuncle~; the right to collect and retain
~ n,aice, either in pe~xon, by agent or court appointed
· , 'urcd. enter upon and take passession of said properO, or
ire'hiding those past clue and unpaid, attd apldp the
~,,,w W~cm any indebtednesssecured hereby, and in such
,'t~ the collection of such rents, issues and prqfits and the
troy act done pursuant to any sitch d{fau[t notice
...... 'd to the 3Iortgagor and is not a~stgnable ~v 3.[ortgagor.
,~ v.t and the financial market conditions then existing when
",,; part qf the Proper05 or a~o, equitable interest
..... - [eaxe with an option to fiarchase, option to purchase.
. l,ortioa of the ProperO~ shall be changed either &v
~u~t.v c/lie tinder any note, secllriIv agreement ami/or
~ r.o~ chant shall constitute and be a d~fiudt qfthis
,. 51,.'tgagee :~ option, tile entire inclebtednesssecured
'/,.'/ii' TNT (12%) per annttnU Mortgagee shall have the
'ding, to collect a~9~ rents, issues and profits fi-o.i tile
~rcc[~;.s'ure en masse, or as one lot or parcel at the optioa
',, 'iai Code.for the State ill which the properO, is locate&'
'mise.Lfrom tile lien of this mortgage, without qffecting
mortgage upon tile remaiader qf the mortgaged
.... d' thei)' Hght. title and iaterest. !fatty, in ti e Property
mi c'anstrued according to the laws of the State qf
/, ,,'v on and sell said properO~ at public auction pln:~uant
h~,h..~ dcviseex, personal represenlatives, successors and
,,' it't]le note has been pledged, the pledgee thereof bi
,,, i. ~.' neuter, and the singular mmlber includes the
Geo~ Cartwright. Jr. Reena Beth
STATE OF [Iq/OMING )
Co.my of L/A~ &or-.A/ )
The foregoing instrument was acknowledged before me by George
Vernon Cartw,'ight, Jr attd Reena Beth Rauchwerger, this 2 ~a), of
,2~0'2t
WITNESS my hand and official seal.
Public for Wyoming
/~~~~ IVotaly
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