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HomeMy WebLinkAbout916557 , 00C89 MORTGAGE DEED WITH RELEASE OF HOMESTEAD Anthony E. Driskill, and Jocelyn N. Driskill, Trustees of the Driskill Family Trust, August 8,2004, Mortgagor(s), of Monterey County, State of California to secure payment of Eighteen Thousand Four Hundred Dollars and No Cents Dollars ($18,400.00), due November 1, 2015 with interest from November 4,2005 at the rate often per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of Two Hundred and Forty- Three Dollars and Sixteen Cents ($243.16) each, including interest, commencing on the 1st day of December, 2005 and continuing on the same day of each month thereafter, do(es) hereby mortgage and warrant to LEISURE VALLEY, INC., a Nevada Corporation, Mortgagee, of Lincoln County, Wyoming, the following described real property in the County of Lincoln, State of Wyoming: Stewart Country Club Estates Phase 1 Lot 5 Mortgagor(s) agree(s) to pay the indebtedness according to the tenns 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 of foreclosure 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 from the time of such default and during the pendency of foreclosure proceedings and period of redemption, if any. IfMortgagor(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. 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 W AIVE(ES) all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this 2.i~ day of NllJoþ..~, 2005 STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) .-' and described in and who executed the foregoing instrume act and deed, including the release and wai r of t e On this day of NOTARY PUBLIC in and for said County and State My commission expires RECEIVED 3/10/2006 at 2:29 PM RECEIVING # 916557 BOOK: 614 PAGE: 89 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY - _._..~ -- -- f:::::;::::::m:~:¡:i;;,; d:~~kk;:~~ 031.6557 C'00090 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss County of M ON"'t~ (2.e. 'r ~~Oç . , On NO-,JeM\,ev- 'Z-'l.wJ before me, 3e~~1:: AA;ieIÍ7 tl ~ .fetVtt BJ. ~ (' Data Nama nd TIlle of OUi r (e'9', 'Jana . Notary Public") personally appeared ~..\-'^o"'-)' e. _ Ù v- ~s.Ldl' tÃ~~ ðcetYIA DrÌ5k~ll1 Name(s) of Signer(s) o personally known to me )'(r proved to me on the basis of satisfactory evidence JEREMEY MYERS 1 Comm#1512584 ~ ~o:a:y :Jublic-Californla a Monterey County My Comm. Exp. Sep.11, 2008 to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that~they executed the same in I'Iisfhe1'/their authorized capacity(ies), and that by ~/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~of_~~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: M... 1-r,47 -e O.eeJ 11'01 ì~ ee..\~ Çe Þ-P- .f\òlt\,\es Document Date: 1'-1 ö 1oJ. '2 %.. ~ J I 'Z.. c1:) ð ç- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: C> 1999 Nallonal Notary Association, 9350 Da SolO Ave,. P,O, Box 2402' Chalsworth, CA 91313,2402 . www.nallanalnotary.Ofg Prod, No, 5907 Reorder: Call Toll,Fr.e 1-800-876-6827