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HomeMy WebLinkAbout916561 iffi1mfi 094 MORTGAGE DEED WITH RELEASE OF HOMESTEAD Norris H. Blockhus and Leilani R. Blockhus ,Mortgagor(s), of Monterey County, State ofCaIifornia to secure payment of Twenty-Five Thousand Six Hundred Dollars and No Cents $25,600.00 due December 1, 2015 with interest from November 28, 2005 at the rate of ten per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of Three Hundred and Thirty-Eight Dollars and Thirty-One Cents $338.31 each, including interest, commencing on the -1st day ofJ anuary, 2006 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 thè County of Lincoln, State of Wyoming: Stewart Country Club Estates Phase 2 Lot 49 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 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 from the time of such default and during the pendency of foreclosure proceedings and period of redemption, ífany. 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 I day of 11.etØ\.v\.,~ 2005 MORTGAGOR(S): ~~~ STATEOFW~~ t"".~ COUNTY OF UnCOL1~ ) ~4/Þd~· ~..~~~ }ø~Æ~ " nd described in and who executed the foregoing instrument, and acknowledged that act and deed, including the release and waiver of the right of homestead. ~~lly appeared V~ knowntometob~~n@ executed the same as. free WITNESS my hand and seal. -, My commission expires 1/ RY PUBLIC in and for said County and State RECEIVED 3/10/2006 at 2:32 PM RECEIVING # 916561 BOOK: 614 PAGE: 94 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~.~ "JÂMtSF.ÔÁVIS ~ ~ ~. COMM. #1446043 -I ~ · NOTARY PUBLIC· CALIFORNIA ~ MONTEREY COUNTY j__ ~ ~__~Y~O~'~P~S~~,~ ---,----_.~---- ._-- .....