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Home My WebLink About924216 ~ 000649 ~ MORTGAGE DEED wrm RELEASE OF HOMESTEAD l 'Norma Moore, James L. Moore and Deanna Theobald, Mortgagor(s), of Lincoln County, State of Wyoming, to secure payment of nineteen thousand seven hundred sixty and no/l00 Dollars ($19,760.00) due October 1, 2015, with interest from September 27,2005 at the rate often per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of two hundred sixty-one and 13/100 Dollars ($261.13) each, including interest, commencing on the 1st day of November, 2005 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: Star Valley Ranch RV Park Plat 2 Lot 555 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 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 !Tom 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 and rents and profits thereof from the time of such default and during the pendency of foreclosure proceedings and period of redemption, if any. If Mortgagor(s) shan 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. Furthennore, 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 Mortgagor(s) , the value of the premises or the insufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, Mortgagee shall be entitled to receive !Tom the premises the rents, issues and profits thereof !Tom the time of default to the expiration 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 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 27th day of September, 2005 MORTGAGOR(S): 11~--J4 X ln~ STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) RECEIVED 11/8/2006 at 3:42 PM RECEIVING # 924216 BOOK: 639 PAGE: 649 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY On this 27th day of September, 2005 before me personally appeared Norma Moore, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. My commission expires o (;J-5 f00 ;~'(0'iTA"~;~ '%ifY 1',/ Commission Expjret f~25-l006 ~ );:m~~~~~i~~~! O~~421.E 1i>ated this .l4~ day of .J ~cernber :l ~\\\\\\lIII1J1t1il! II{. . ~,''i. :i N B lill~ ~ .I.+fii........:.~,..~~o&c. ~.,;..' .' '. "" $!§ <" ....~ -.. ~ ~ / ~OTA.Ii.\ U)\ §:... :š S~.() .: § %. (~" lIBL\G.... ~ ~ - /': ..... ..... C ~ ~ -1>-.:.... ...... t..:~ ~ ~~/; ~. OF \O~"~ 1',,,,,,, /II\I\I\\\\'i. STATE OF IDAHO ) ) ss. COUNTY OF BONNEVILLE) -:]. ¡...:.:;;:,::~ ~.. "f':< :. ',' '.'; í;':"., ;.\,;, -;, 000650 ¿,2005 c~t=R(Sc ~-/ L ,~'- / ¡t~h~P ~~ .' On this 14th day of December ,2005beforemepersonallyappeared Jaræs L. Mooœ ,known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. My commission expires 12/03/09 ~~ØÞ~;) NOT PUB C in and or saId County and State Dated this & day of dYdo~ 2005 C::~GOë~ /' (' -~~ /t'lLúhcUc(! STATE OF UTAH ) ) ss. COUNTY OF ÐA VIS ) On this ~ day Of~, 2005 before me personally appeared , known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. My commission expires 1J\2ßlù~ ~ ())St»\-; NOTARY PUBLIC in and for said County and State ,.----------, I.~ ~m I I ,......"::........ I I ~ MJ;::~=- r .. ... UIIh -----...----.1 ..;'