Loading...
HomeMy WebLinkAbout923566 ,_·_T___·_·_"'~. I¡;~~mnc;· - :j~n~-:-;;~~,i.-":·o~ ~b\Ub89 MORTGAGE DEED WITH RELEASE OF HOMESTEAD John IL Davidson and Pam K. Davidson, Mortgagor(s), of Teton County, State of WyolDing to secure payment of Twenty-Five Tbouand Six HaadrecI Dollars and No Cents $25,600.00 due May 15, 2016 with interest ftom May 8, 2006 at the rate often per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installrnt"l1ts of Three Hundred and Thirty-Eight Dollars and Thirty-One Cents $338.31 each, including interest, cornrnt"l1Mog on the -15th day of Jane, 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 54 Mortgagor(s) agree(s) to pay the indebtedness according to the terms and conditions of that certain Promissory Note hereinabove described, t"vecuted by Mortgagor(s).to Leisure Valley, Inc., and during the life of this mortgage to pay all taxes and :I~,,"o:mf>l1ts against the premises. If Mortgagor(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 bè 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 offorec1osure and sale, including attorney fees in an amount equal to Ten Perœnt (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 thereofwith 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, MortgagoI(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 rime of such default and during the pendency of foreclosure proc'l"P'iings and period of redemption, if any. IfMortgagor(s) shall fail to swrender such pos""",,ion to Mortgagee promptly upon its request therefor, Mortgagee may compel delivery thereof by ejectment action or other civil prnc.....ninW' appropriate for that purpose. A reœiver 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 WAIVE(ES) all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this day of ,2005 MORTGAGOR(S): STATE OF WYOMING ) ~L~) ss. COUNTY OF ) \ On this 151Jt day of ku ~t1Sr , 2~ before me personally appeared _ ....JottN ~ f~ ~rDs.o~ known to me tobetheperson(s) described in and who executed the foregoing instrument, and acknowledged that ~ executed the same as fVIej Y" free act and deed, including the release and waiver of the right of homestead. --r SS N!r!4fI!I!/~/!/JfL-:::s.... > My commission expires O~ ., ~ . 1),001 RECEIVED 10/20/2006 at 12:44 PM RECEIVING # 923566 BOOK: 637 PAGE: 689 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY -