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HomeMy WebLinkAbout923420 · . . 000173 MORTGAGE DEED WITH RELEASE OF HOMESTEAD Edwin D. Covell and Carol E. Covell, husband and wife, Mortgagor(s). of Lincoln County, State of Wyoming, to secure payment of Thirty Thousand Dollars ($30,000.00), with interest 1iom September 30, 2006 at the rate of seven per cent per annum payable in quarterly inm.1I1IIðIts of Six Hundred Dollars ($600.00). including principal and interest, each, commencing on the Fifteenth day ofNovcmbcr, 2006 and continuing on the same day of each 3". month thereafter, do hereby mortgage and warrant to Robert L. Woodworth and Sue T. Woodworth, property in the County of Lincoln, State of Wyoming: Star Valley Ruch RV Park Plat No. 2, Lot NO. 650, u platted aad recorded ia the official records of Liacola Cooty, WY8IIIÎD&, toaetlter with aU buildi-.p. improvemeats aod appurteaaaces thereoD situate or ia aoywise .Ppertaiainl UIereto. Mortgagor(s) agrees to pay the iDdcbtcdDcss aƓordiDg to the tams and conditions oftbat certain Promissory Note hereinabove described, executed by Mortgagor(s) to Robert L. Woodworth and Suc T. Woodworth and during the life of this mortgage to pay all taxes, ~~ts against the premises and hazard insunmce premiums, said insurance shall be in an amount not less than $30,000.00. IfMortgagor(s) fails to pay such taxes, insunmce premiums or 8j1......""'ents" 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 detiwlt occurs in the paymcot of the iNl.......tn.- or in the paymcot of any iosIallmcot thereof: or if detiwlt occurs in any of the covenants and agrecmmts bcn:of or UDdcc the aforesaid Promissory Note. then the whole indebtedness sbaIl, 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 orrå:cive all sums due to it hcrcuodcr and costs offoreclosure and sale, including attorney fees in an amount equal to Ten Perceot (10%) of the indebtedness J'P2I)A;n;l'Ig 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 assigns 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 dctiwlt occurs in any of the covmants and agreements hc:rcin contained or under the aforesaid Promissory Note, whether or not Mortgagee elects to foreclose this mortgage on account thereof: Mortgagor(s) hereby authorizes Mortgagee to collect the rents ftom the premises and to apply the same to the payments on the indebtedness secured hereby until such defiwlt 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 rents and profits thereof ftom the time of such defiwlt and during the pendency of foreclosure proceeIfinwo: and period of redemption, if any. If Mortgagor(s) shall fail to surrender such possession to Mortgagee promptly upon its request therefor, Mortgagee may compel delivQ)' thereofby ejectment action or other civü proceedings appropriate for that purpose. Furthermore, 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 ofMortgagor(s). the valuc of the premises or the insufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, Mortgagee sball be entitled to receive tìom the prcmiscs the rents, issues and profits thereof trom the time of defiwlt to the cxpinltion of any redemptive period provided by law. A receiver may be appointed by any court of competent jurisdiction upon ex parte application without notice, notice being hcn:by waived and appointJDcnt of a receiver upon such application being hereby COQ5W".Dted to by the Mortgagor(s). MORTGAGORS(S) HEREBY RELINQUISHES AND WAIVES all rights under and by virtue of the homestead eumption laws of the State of Wyoming. Dated this Thirtycth ofSeptcmber, 2006. STATE OF WYOMING ) )55. COUNlY OF LINCOLN ) MORTGAGORS: ~ j),~ Edwin D. CÒvcll ~£. ~// Carol E. Covell ~ On this /:(. day ofScptcmbw, 2006, before me pcI'SOII8lly IIppCIII"Cd Edwin D. CoveD and Carol E. CoveD known to me to be the pcrson(s) described in and who executed the foregoing inst:nuncnt, and acknowledged tbat they executed the same as their ftee act and deed, including the release and waiver of the right ofhomcstead. WTINESSmy~Bd~. F ~ ~ NOTARY P IC in and fol~d County and State My commission expires ? -/5 - ~ ðO I l/ RECEIVED 10/16/2006 at 2:38 PM RECEIVING # 923420 BOOK: 637 PAGE: 173 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, wY ,. j ,'~. NOTARY PUBUC :,~. ~6~,~~ MvCOMMISSION EXPIRFS 7-!!5.:e._C¡ .- .' .. ...... [ill~:::;tIDJ ':" ""¡ ;"~"""f .' 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