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HomeMy WebLinkAbout919482 *i~~m;i~¡~~~i1~m:~:~ ~m::::::::::;:~~::::, : ~:~:;~;:jf::::;~;*;:; l' 0 (' ~, 6 ,... L' í ~ MORTGAGE MDL PROPERTIES, LLC and TOM and SUE LEWIS, mortgagors, of Thayne, Lincoln County, Wyoming, to secure the payment of Fifty Thousand Dollars ($50,000.00) due with interest thereon at the rate of eight and one-half percent (8.5%) per year (said sum and the interest thereon, being referred to as the indebtedness), payable in accordance with the provisions of that certain promissory note, dated April 15, 2006, hereby mortgage and warrant to HAMID NOORANI and CHART LANE, LLC, a California Limited Liability Company, or there heirs, successors, or assigns, mortgagee, of Marysville, California to-wit: Plat 13, Lot 16 Star Valley Ranch, including all improvements thereto. 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, then the whole indebtedness shall, at mortgag'ee's option, become due and payable forthwith, and mortgagee may foreclose this mortgage either by advertisement and sale of the premises as provided by statute, or by an action in equity. Out of the proceeds of any foreclosure sale, 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 of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in any equitable action brought to foreclose this mortgage. To fully assure mortgagee the benefit of the security interests in the premises granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable for the use and occupancy of the premises by an person in possession thereof with mortgagors' consent. If default occurs in any of the covenants and agreements herein contained, whether or not mortgagee elects to foreclose this mortgage on account thereof, mortgagee shall at once be entitled, and is hereby authorized, to collect the rents from the premises and to apply the same to the payment of 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 the incident rents, issues, Mortgage Lewis / Noorani Page 1 of3 RECEIVED 6/20/2006 at 10:42 AM RECEIVING # 919482 BOOK: 623 PAGE: 765 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY '-,----_.'.'.:....-, ---,~-- --..,- _.._---~..,- -- --~---'-----,--,-,- J O~1.948~ (' .<') ('\ t"') 6 6 '-' U V t and profits thereof from the time of such default and for and during the pendency of foreclosure proceedings and the period of redemption, if any. If mortgagors should fail to surrender such possession to mortgagee promptly upon its request therefore, mortgagee may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. Furthermore and 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 mortgagors, the value of the premises, or the sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the expiration of any redemptive period provided by law. Such receiver may be appointed by any court of competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application being hereby consented to by mortgagors. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. WITNESS our hands this LP day of ~6 Þ1 '€..- ,2006. /;~/0 For MD ROPERTIES, LLC 7~~~ TOM WIS ~/g rð!//JJ SUE LEWIS STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this ~ 4. V\. '<- , 2006 by TOM LEWIS, MDL PROPERTIES, LLC. t day of (1ßI1Ltd/()' aþ7ch4~ NOTARY PUBLIC My Commission Expires: £- ;l s -.;:1d D Mortgage Lewis / Noorani Page 2 of3 ClAUDIA ANDERSON Notory Public t.Jncoln County WvotnIng Mv CommIaSIon Expires S;:.:r:l 'S'-~0I.E.. 1.~IlØ - '¡: :: ;.:':'~j':f2~j t~f&~l;:~J~:~ 091.9482 STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this ft day of 'Set V) <-- ,2006 by TOM LEWIS. F' ,,", !"\ t"1 6 ., u t: , . 7 C!ktú ¿/¿cl ßrckd ~ NOTARY PUBLIC My Commission Expires: 5'~<;-;:lo(O STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) CLAUDIA ANOERSON NotOly Public lincoln County Wyoming MyCommII.1on Expire. ~~1Q The foregoing instrument was acknowledged before me this 10 --J 4. V\-e ,2006 by SUE LEWIS. day of &&t~J (2Udú4 ~ NOTARY PUBLIC My Commission Expires: S~ dS'"c901 ð CLAUDIA ANDERSON Notary Public Lincoln County WyomIng Mv COI'M\/t.1on Expires .$2..2S'"¡;ol'Ö Mortgage Lewis / Noorani Page 3 of3