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HomeMy WebLinkAbout906023 RECEIVED 1/21/2005 at 10:25 AM RECEIVING # 906023 BOOK: 577 PAGE: 613 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that Mark J. Hall, a single man, herein referred to as Mortgagor, of PO Box 19, Fairview, WY 83119, to secure the payment of the principal sum of Two Hundred Thousand and No/100 Dollars ($200,000.00), without interest as evidenced by a Promissory Note dated of even date herewith to the order of Jerry Max Hall, a single man, herein referred to as Mortgagee, of PO Box 498, Afton, WY 83110, payable as follows: Without interest on demand made in writing at least 60 days prior to the payment due date. hereby mortgages to Mortgagee, the following described real estate, situated in the County of Lincoln, State of Wyoming: Part of the SW1/4NW1/4 of Section 10, T31N, R119W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: Beginning at a Brass Cap Monument marking the NE corner of said SW1/4NW1/4 of said Section 10 and running thence S0°18'56"W, along the centerline of the Fairview-Spring Creek County Road No. 12-144, 330.015 feet; thence S89°47'07"W, 270 feet; thence N0°18'56"E, 330.015 feet; thence N89°46'45"E, 270 feet, more or less, to the point of beginning. Including any and all improvements thereon, together with the tenements, hereditaments, and appurtenances thereto belonging, and the rents, issues and profits thereof. Mortgagor shall keep the improvements located on the property fully insured against fire and other perils with an insurance company approved by mortgagee, shall deliver a copy of the policy to mortgagee, shall name mortgagee as a loss payee on said policy, shall pay the premium therefor and provide annual proof in writing to mortgagee that the premium has been duly paid. Mortgagor must give Mortgagee thirty (30) days written notice prior to any conveyance or encumbrance of any interest in said property. If all or any part of said property or an interest therein is conveyed or encumbered by Mortgagor without Mortgagee' prior written consent, the Mortgagee may, at Mortgagee' option, declare all the sums secured by this mortgage to be immediately due and payable. ! : j Mortgagor also agrees 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 therewith, 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 reasonable 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 default in the payment of any sum covenanted to be paid when the same shall become due and payable, or in case of default in the performance of any covenant herein contained, the whole amount of this indebtedness secured herein may be declared due and payable in accordance with the terms of the note and this mortgage foreclosed at the option of the legal holder. In the event of default, Mortgagor grants to Mortgagee a Power of Sale to foreclose on and sell said property at public auction pursuant to W.S. §34-4-101 et seq., or its successor. The death of Mortgagee shall render any remaining debt due under this Mortgage and the Note null and void. An affidavit executed by Mortgagor or his agent with a certified copy of the death certificate showing Mortgagee's death, shall act as a full and complete release of this Mortgage. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of the 29th day of November, 2004. Mark J. Hall STATE OF WYOMING SS. COUNTY OF LINCOLN · The foregoing Mortgage was acknowledged before me by Mark J. Hall, a single man, this day of January, 2005. Witness my hand and official seal. i O~.~nty o~ .~ State of ~ LJrm. oln ~ Wyoming My Commission Exoires May 2, 2007 NOTARY PUBLIC My commission expires: May 2, 2007.