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HomeMy WebLinkAbout916559 ... :¡j1m~~!¡m;~Mi C00092 MORTGAGE DEED WITH RELEASE OF HOl\1ESTEAD Norris H. Blockhus and Leilani R. Blockhus, Mortgagor(s), of Monterey County, State ofCalifomia, to secure payment of thirty-one thousand and no/100 Dollars ($31,000.00) due November I, 2015, with interest from October 10,2005 at the rate of ten per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of four hundred nine and 67/100 Dollars ($409.67) each, including interest, commencing on the 1st day of December, 2005 and continuing on the same day of each mOrith thereafter. do(es) hereby mortgage and warranttoLEISURE VALLEY. INC., a Nevada Corporation, Mortgagee, of Lincoln County, Wyoming. the follöwing described real property in the County of Lincoln, State of Wyoming: Stewart Country Club Estates Phase 2 Lot 37 Mortgagor(s) agree(s) to pay the indebtedness according to the teons and conditions of that certain Promissory Note hereinabove described, executëd 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 açlded 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 Ihe 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, ifany. 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 ma y 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 WAlVE(ES) all rights under and by virtue of the Gomestead exemption laws of the State of Wyoming. \ Dated this 10th day of October. 2005 , [" '-" MORTGAGOR(S): ~ø/~~~ ~~~- 7?, ~./I-¡r~~ STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) On this 10th day of October. 2005 before me personally appeared Norris H. Blockhus and Leilani R. Blockhus. known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. My commission expires lo {--;J c:5( O(¿ No\NCY J BROeWN:,NOTAAY PUBLIC County of State of Lincoln . Wyoming My CommIIIlon ~ 6-25·2006 RECEIVED 3/10/2006 at 2:31 PM RECEIVING # 916559 BOOK: 614 PAGE: 92 JEANNE WAGNER LINCOLN COUNTYCLERK, KEMMERER, WY I ~