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Home My WebLink About915672 800203 MORTGAGE DEED WITH RELEASE OF HOMESTEAD Oscar LaVar Pitts and Sandra Pitts, Mortgagor(s), ofKem County, State of California, to secure payment of thirteen thousand five hundred and no/ 1 00 Dollars ($13,500.00) due September I, 2015, with interest from August 22, 2005 at the rate of ten per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of one hundred seventy-eight and 401100 Dollars ($178.40) each, including interest, commencing on the 151 day of October, 2005 and continuing on the same day of each month thereafter, do(es) hereby mortgage and warrant to LEISURE VALLEY, INe., a Nevada Corporation, Mortgagee, of Lincoln County, Wyoming, the following described real property in the County of Lincoln, State of Wyoming: \1 Star Valley Ranch RV Park Plat 1 Lot 331 Mortgagor(s) agree(s) to pay the indebtedness according to the teons and conditions of that certain Promissory Note hereinabove described, executed by Mortgagor(s) to Leisure Valley, Inc., and during the life of this mortgage to pay all taxes and assessments against the premises. IfMortgagor(s) fail(s) to pay such taxes or assessments, Mortgagee may pay the same, and all sums paid by Mortgagee for such purpose shall be added to and considered as a part of the indebtedness and shall draw interest at the same rate. If default occurs in the payment of the indebtedness or in the payment of any installment thereof, or if default occurs in any of the covenants and agreements hereof or under the aforesaid Promissory Note, then the whole indebtedness shall, at Mortgagee's option, become due and payable forthwith, and Mortgagee may foreclose this mortgage either by advertisement and sale of the premises as provided by the statutes of the State of Wyoming, or by an action in equity. This will be Mortgagee's sole remedy against Mortgagor(s) in case of default by Mortgagor(s). Out of the proceeds of any foreclosure the Mortgagee shall retain or receive all sums due to it hereunder and costs offoreclosure and sale, including attorney fees in an amount equal to Ten Percent (10%) of the indebtedness remaining unpaid at the time of such sale, and the same shall be taxed as costs in any equitable action brought to foreclose this mortgage. To fully assure Mortgagee the benefits of the security interest in the premises granted to it hereunder, Mortgagor(s) hereby assign(s) to Mortgagee all rents hereafter payable for the use and occupancy of the premises by any person in possession thereof with Mortgagor's consent. If default occurs in any of the covenants and agreements herein contained or under the aforesaid Promissory Note, whether or not Mortgagee elects to foreclose this mortgage on account thereof, Mortgagor(s) hereby authorize(s) Mortgagee to collect the rents from the premises and to apply the same to the payments on the indebtedness secured hereby until such default is remedied. In the event of foreclosure of this mortgage upon default, Mortgagee shall be entitled to the possession and enjoyment of the premises and rents and profits thereoffrom the time of such default and during the pendency of foreclosure proceedings and period of redemption, if any. If Mortgagor(s) shall fail to surrender such possession to Mortgagee promptly upon its request therefor, Mortgagee may compel delivery thereof by ejectment action or other civil proceedings appropriate for that purpose. Furtheonore, in addition to the remedies otherwise provided for in this mortgage and by law and as a matter of right without regard to the solvency or insolvency of Mortgagor(s), the value of the premises or the insufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, Mortgagee shall be entitled to receive from the premises the rents, issues and profits thereof from the time of default to the expiration of any redemptive period provided by law. A receiver may be appointed by any court of competent jurisdiction upon ex parte application without notice, notice being hereby waived and appointment of a receiver upon such application being hereby consented to by the Mortgagor(s). MORTGAGOR(S) HEREBY RELINQUISH(ES) AND WAIVE(ES) all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this \¿ -th day of S~Iou-', 2005 MORTGAGOR(S): ~~~ (f(ti~ ;&r- l :<)0' 'è.~..,--~~~ STATE OF CALIFORNIA) ) ss. COUNTY OF KERN ) On this \\ 2-T'" day of , 2005 b fçr~ me ~\'\~ (Ji\t's and S úr' 11TS described in and who executed the foregoing instrument, and acknowledged that act and deed, including the release and waiver of the' right of homestead. personally appeared known to me to be the person(s) executed the same as ~l( free WITNESS my hand and seal. My commission expires \~-\D-Oß and State RECEIVED 2/1/2006 at 3:34 PM RECEIVING # 915672 BOO!;,"",;,,;,> PAGE' 203 t>:':j:É:ßÙoJNE WAGNER . .................................................~ TERRIL.VAlDEZ ~a COmmlaslon# 1533342 i -. Notary PublIc· California ~'T~"";..", 'i . ;..., . '.:.,¡'L;:'.... ..,..~/:;~ 1,'¡i,I¡"'¡'',f",I""j Kem County . ::""""~~,,,.,l.~.~\"'~"'¡ ~III.·.Stj·,¡.'.'.'1 ,". l,',.~;:,I." '.....i', :,~~ . ',···'·-:;;1,;.:':-: MyComm. ExpIres Dee 10.2008 ,,' ','d,:,:,',ÙëO>