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Home My WebLink About907251 ?0442 MORTGAGE Robert A. Griffith and Linda G. Griffith, husband and wife and Carlton E. Loewer and Cathy A. Loewer, husband and wife, of Lincoln County, State of Wyoming, (herein collectively called "MORTGAGOR"), to secure the payment of Four Hundred .Fifteen Thousand Dollars ($415,000.00), with interest thereon, as provided in and evidenced by a promissory note of even date herewith (the ultimate maturity date of which is March 24, 2008) and all renewals, modifications and extensions thereof, does hereby mortgage unto Monty A. Evans and Sherry J. Evans, Trustees, or their Successors in Trust, of the Evans Family Revocable Living Trust, u/ifa/dated April 9, 1993, of Teton County, Wyoming, (herein collectively called "MORTGAGEE"), the following described real property, situate in the County of Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wit: See Exhibit "A" attached hereto and by this reference made a part hereof TOGETHER with all and singular the improvements and appurtenances thereon or thereunto appertaining (the "Property"). 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 thereof, insurance with an insurance carrier or carriers accePtable to MORTGAGEE, covering the insurable improvements on the Property against loss by fire and earthquakes, with extended 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 such 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 pan of such principal or interest, when the same shall become due; or in case 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 consent of MORTGAGEE first had and obtained, then the whole indebtedness hereby secured, with 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 and/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 are insufficient 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 accruing of any such fights and Evans/Griffith-Carlton Mortgage P~e ~ ors RECEIVED 3/25/2005 at 2:55 PM RECEIVING # 907251 BOOK: 581 PAGE: 442 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY -- '0443 during the pendency of the foreclosure proceedings, and the period of redemption, if any there be. MORTGAGOR warrants title to the Property as to parties claiming, by through or under MORTGAGOR only. WITNESS my hand this ,~'?/day of ~~ 2005. STATE OF WYOMING ) ) SS COUNTY OF Id ,~v~-~u\~x ) The foregoing instrument was acknowledged before me by Robert A. Griffith this day of ll",~,.g~ 2005. Witness my hand and official seal. Notary Public -' {~ka~.~_ My Commission Expires: ~ ~ .~,,~ ~,~ ~ ~ Evans/Griffith-Carlton Mortgage Page 2 of 5 WITNESS my hand this L;00444 STATE OF WYOMING ) ) SS COUNTY OFk"2\e'~'~ ) __ day of ~{K~.~O~ 2005. ' ¢ n E. o wer The foregoing instrument was acknowledged before me by Carlton E. Loewer this . day of ~[h~re.~ 2005. Witness my hand and official seal. My Commission Expires: Notary Public - - '.~ .... WITNESS my hand this ~M~ day of %{30~ ~.~'~ 2005. STATE OF WYOMING ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by Cathy A. Loewer this __ day of 2005. Wimess my hand and official seal. My Commission Expires: Notary Public WITNESS my hand this day of 2005. 'Linda G. Griffith STATE OF CALIFORNIA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by Linda G. Griffith this day of 2005. Wimess my hand and official seal. Notary Public Evans/Griffith-Carlton Mortgage Page 3 of 5 WITNESS my hand this __ day of 2005. Carlton E. Loewer STATE OF WYOMING ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by Carlton E. Loewer this day of 2005. Wimess my hand and official seal. My Commission Expires: Notary Public WITNESS my hand this __ day of 2005. Cathy A. Loewer STATE OF WYOMING ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by Cathy A. Loewer this day of 2005. Witness my hand and official seal. My Commission Expires: Notary Public WITNESS my hand this ~ day of STATE OF CALIFORNIA ) ^ ~ ) SS ) 2005. d The foreeoing instrument was acknowledged before me by Linda G. Griffith this 4~day of ~, o,..~cfi 2005. Wimess my hand and official seal. N ~ Pubhc ~ ~m. ~r~ ~,~ ~ Mongage v v v v v v v ~ ~ - Pag~3of5 My Commission Expires: Evans/Griffith-Carlton Mortgage Page 4 of 5 :00447 ExhibLt"A" Wk~NE~ of $:¢Uion 24, T35N RllgW of the 6th P.M0, Lincoln County, Wyoming, and ~hac portion of the E~WW of said Section 24 lyin~ East of the .H~rdman Canal. ! LESS AND EXCEPT any land that may lie in the N~E~qW~ of Section T35N RllgW of Ehe 6th P.M.., Lincoln County, Wyomln~. ALSO LESS AND EXCEPT ~ny land contained in 0ui~ Claim Deed ~ovamber ~3, 199~ in Boo~ 3~0PR on pa~e 41Z of the r~cords of Lincoln County Cl~rk. ' ALSO LES~ AI~D EXCEPT any la~d contained in Warranty Dead recorded December 14, 1992 in Book 321PR on page 670 of the reco~ of the Lincoln County Clark. ALSO LESS A/qD ~X~EPT any land contained in Quit ~laim Deed recorded August 3, 199A in Book 355PR on page 129 of the records of uhe Lincoln County Clerk. ALSO N~NWW of SecZion 24, T35N RllgW of the Sth P.M., Lincoln County, exceptin~ that portion lyin~ Eas~ of the Hardman Canal. LESS AND EXCEPT any land con~ained in Warranty Deed r~corde¢t 25, 1962 in Book $6PR on page 185 of the ~ecord~ of the Lincoln C~unty Clark. ' · ALSO L~SS ~ EXCEP~ any la~d oontaine~ in Warranty D~d recorded October 27, 20OA in Book 570PR on pa~e ~Sg of t~e records of thc Lincoln County Clark. Evans/Griffith-Carlton Mortgage Page $ of 5