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HomeMy WebLinkAbout926131 OOOi1t~3 MORTGAGE DEED WITH RELEASE OF HOMESTEAD Jerolc1 G. Sduuidt ,Mortgagor(s), of Salt Lake County. State of Utah to secure payment of Twenty..Seven 'I'housan4 DoUan _ No Ceøø $27,000.00 due J1I1y 1, 2008 with interest fromDceeaabe:r 1 , 2006 at ,the rate often per cent per annum payable monthly. evidenced by Promissory Note of even date herewith, in one balloon payment of 1'hh1y.Qne 1'houa.n4 Two HfIIUb:H _Seveaty-Five DoUan and No Cents $31,275.00. includmg interest. on the -1st dayofJaly, 2008, do(es) hereby mortgage andwammt to LEISURE VALLEY, INC.. a Nevada CotpOration, Mortgagee. of Lincoln County. Wyoming. the eoUowingdescribed real property in the County of Lincoln, State of Wyoming: Stewart Country Club Estates Phuc 2 Lot 30 Mottgagor(s) agœe(s) topaytbein~s accotdíng to the terms and condirions oftb.t certain Promissory Note hereinabove described. executed by Mortgagor(s)toLeisure Vaney, Inc.. and during the life of this mortgage to pay all taxes andaøessments against the premises. IfMol'tgasor(l) fail(s)topay such taxes or as«essments.Mongagee may pay thearne. and all sums paid by MortgaØœ for lIuch pwpose shall be added to and considered asa part of the indebtedness and sbaJl 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 d.ue and payable forthwith. and Mortgagee may foreclose this mongageeither by advertisement and saIeaf the premises as provided by the statutes oftbe 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 orreœive aU sums due to it hereunder and costs offureclosure and sale,includingattomey fees in an arnount equaho TenPerœnt (t ()'IA.) of the indebtednm remaining unpaid at the time of such sale, and the same sbaJl be taxed as coats in any equitable action brought to foreclose this mortgage. To fully assure Mortgagee the benefits of the security interest in thepœmisesgnmted to it hereunder, MOrfgagor(s) herebyamgn(s) to Mortgagee aU rents hereatœr payable for the use and occupancy of the premises by any person in possession thereof with Mortgagors consent. If default occurs in any of the covenants and agreements herein contained or under the afotesaid Promissory Note. whether or not Mortgageedects to foreclose this mortgage on account thereof, Mortgagor(s) hereby authorlze(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 offoreclOlUte of this mort~upon ðefault. Mortgagee sbaU be entitled to the possession and enjoyment ofthepmnises from the time of such default and during the pendency of foreclosureproœedingsand period of redemption. ifany. lfMortgagor(s)shaU fail to swrender such possession to Morfgageepromptly upon its request therefor. Mort,gageemay compel. delivery thereofby ejectment action orotber civilproœedings. appropriate for that purpose. A receiver may be appointed by any courtot'competent jurisdiction upon ex parte application without notice, notice being heœby waived and appointment of a receiver upon such applicationbeinS berebyCOn.sented to by the Mortgagor(s). MORTGAGOR(S) HEREBY RELINQUISH(ES) AND W AIVE(ES) aU rights under and by virtue oftbe bomestead exemptìon laws of the State of Wyoming. Dated this .;j;" µ. . 2iiF ;:¡ ð (J ? tJ ta ~ STATE OFWV9MING ) .£kIt- wk.U 58. COUNTY OF œ~COLN ) jV) ...,-: :2. 007 {2 On !'h i c/...±: day of -<J ~ · -- bc1bre me pc:nonaUy appeared J:t:W1d- -- -( -~--- .. and . . known tome to betheyersQn(s) described in and who executed the foregoing instrument, and acknowledged that~ executed the same as }1 :") free act and deed. including the release and waiver of the right of homestead. WITNESS my hand and seal. ~Æ 1.LfJ./ L~.L.J. Jet¡) TARY PUBLIC mandfor said County and State My commission expires RECEIVED 1/16/2007 at 4:01 PM RECEIVING # 926131 BOOK: 646 PAGE: 443 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY