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HomeMy WebLinkAbout917912 C00371 MORTGAGE DEED WITH RELEASE OF HOMESTEAD R.onald R. Pluta & Kay A. Pluta, Mortgagor(s), of Monterey County, State of California to secure payment of Twenty- Eight Thousand Dollars and No Cents $28,000.00 due December 1, 2015 with interest fÌ'Om November 28,2005 at the rate often per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of Three Hundred and Seventy Dollars and Two Cents $370.02 each, including interest, commencing on the -1st day of January, 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 the County of Lincoln, State of Wyoming: Stewart Country Club Estates Phase 2 Lot 26 Mortgagor(s) agree(s) to pay the indebtedness according to the terms and conditions of that certain Promissory Note hereinabove described, executed by Mortgagor(s) to Leisur~ Valley, Inc., and during the life of this mortgage to pay all taxes and assessments againstthe premises. IfMortgagor(s) fail(s) to pay such taxes or assessments, Mortgagee may pay the same, and all sums paid by Mortgagee for such pwpose 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 instaUment 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 inequity. 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 offoreclosure 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 pendencyofforeclosure 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,thereofby ejectment action or other civil proceedings appropriate for that pUlpose. 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, ;L:J- Dated this [/éC ,2005 day of J(,. STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) On this day , ·2005 before me personally appeared known to me to be the person(s) nt, and acknowledged that _ executed the same as free e right of homestead. NOTARY PUBLIC in and for said County and State My commission expires ,. ,~ RECEIVED 5/1/2006 at 10:51 AM RECEIVING # 917912 BOOK: 618 PAGE: 371 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY -- ._- '--- -.-- - ---- _.- ~ 091791Z OOO~~72 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ County of ~ \ì. ,,- ~ /1- / ,J_'7 /)~ Ù! /VA On d7'~ "'Y r:f"VV' before me, Data / P· pt personally appeared '\' L /) }ss 1-. l-ft1dt It- L- taan ma~neDop:~ar¡ prr- u Tit . Namo(s) of Slgnor(s) o personally known to me 1ìf proved to me on. the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. 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 'DO,.9lJT1ent ~ -vv I ~. ,.··1 ~ Title or Type of Document: ~ _ ....- :2 :z fl - ;:u.;-v' ~ Document Date: I -- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here 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: ..., ......... - Signer Is Representing: 'c 1999 National Notary Association· 9350 De Sota Ave., P.O. Box 2402· Chalsworth, CA 91313·2402. www.nationalnotary.org Prod, No. 5907 Reorder: Call Toll-Free 1·800-876-6827