HomeMy WebLinkAbout905089MORTGAGE
JAVIER O. CEBALLOS AND EMMA CEBALLOf;, HUSBAND AND WIFE, OF 902 PINE
AVENUE, KEMMERER, WY 83101, (herein c0~lectivelv called "MORIGAGOR"), to secure the
payment of TWENTY THREE THOUSAND DOLLARS ( $ i.! -~, 000.00), with interest thereon, as
provided in and evidenced by a promissory note of even date herewith (the ultimate maturity
date of which is the 19th day of July, 2011) and all renewals, modification and extensions
thereof, do hereby mortgage unto AUGUST BORINO AND BETTY BORINO, HUSBAND AND
WIFE, OF 3161 MONTE VISTA, TORRINGTON, WY ~2240 (herein called "MORTGAGEE"),
the foJlow'ng described real property, situate in the County of Lincoln, State of Wyoming,
hereby releasing and waving all rights under and by virtue of the homestead exemption laws
of the State of Wyoming, to-wit:
Lot 8 of Block 60 of the Second Addle_ion to the Town of Kemmerer,
Lincoln County, Wyoming as describe<t on the official plat thereof.
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.evider, ce thereof, insurance with an insurance
carrier or carriers acceptable to MORTGAGEE, coveri~g the insurance 'mprovements on the
Property against loss by fire and earthquakes, with extunded 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 insurance shall contain an appropriate loss
payable provision protecting MORTGAGOR and MORTGAGEE 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 s~ch 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 the interest thereon, or any part of s~ch principal or interest, when the same
shall become due; or in case of default shall be made in any of the covenants and agreements
thereof, or in the event MORTGAGOR sells or conveys the Property, or any part thereof, or
any interest therein, without the prior written consem of the MORTGAGEE first had and
obtained, then the whole indebtedness hereby secured, with interest thereon, shall become
due and payable, atthe option of MORTGAGEE, and MORTGAGEE'S legal representatives and
assigns, may proceed by advertisement and sale/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 all costs of sale including reasonable attorney's
fees. If the proceeds of the foreclosure sale areinsu~ficient 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 become entitled to exclusive possession, use and enjoyment of the
Property, and to all rents, issues and profits from the ~ccruing of any such rights and during
the pendency of the foreclosure proceedings, and th~; period of redemption, if any there be.
MORTGAGOR warrants title to the Property as to I~arties claiming, by through or under
the MORTGAGOR only.
Witness our hands this
l~tay of November, 2004.
Javier O. Ceballos
Emma Ceballos
RECEIVED 12/8/2004 at 3:58 PM
RECEIVING # 905089
BOOK: 574 PAGE: 274
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER. WY
0275
State of Wyoming )
)ss
County of Lincoln )
foregoing insl/u~t was acknowledged before ,ne by Javier O. Ceballos and Emma
The
Ceballos this ID day of November, 2004.
Witness rn¥ hand and_ nfQcia~seal.
! ~m~u...OT~U~ I
My Commission Expires: ~~,~
{--Notary Public