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HomeMy WebLinkAbout927095 000764 MORTGAGE DEED WITH RELEASE OF HOMESTEAD G. Terry Orton and Hollie L. Orton , Mortgagor(s), of Utah County, State of Utah to secure payment of Thirty Thousand Dollars and No Cents $30,000.00 due November 15, 2016 with interest from October 20 ,2006 at the rate of ten per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of Three Hundred and Ninety-Six Dollars and Forty-Five Cents $396.45 each, including interest, commencing on the -15tht day of December, 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 31 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) fait(s) to pay such taxes or assessments, Mortgagee may pay the same, and all sums paid by Mortgagee for such pwpose shall be added to and considered as a part of the indebtedness and shall draw interest at the same rate. If ddàult occurs in the payment of the inkhrPðflt"SS 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 ~ either by advertisenJent and sale of the premises as provided by the statutes of the State of Wyoming, orby an action in equity. TIñs will be Mortgagee's sole remedy against Mortgagor(s) in case of ddàuII:by ~s). Outoftheproœeds of any foredosurethe Mortøagee sballretain orreoeive all sums due to it hereunder andcmtsoffomdosureandsaJe, indudiogatlomeyrees in an amount equal to Ten Petœnt (IOOA,) of the indebœdnessremaining unpaid at the time of such sale, and the same shall be taxed as costs in any equitable action brought to foreclose this mortgage. Tofidly assure~thebeoditsofthesecurityinterestin the premises granted to it hereunder, Mortgagor(s) herebyassign(s) to Mortgagee all reoIS l1e:reafter payable for the use and occupancy of the premises by any person in possession thereof with Mortgagor's consent. If default occurs inany of the rovenants andagP'lmJC."tltS heŒin mnI:ÚIII'wJ onmderthe afuresaidPiOu.Üauly Noœ. wbetberornot Mortgagee elects to foreclose this mortgage on accounttheæof, Mortgagor(s) berdJy a.......izc(s) Mortgagee to mDertthereolS fium 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 ddàuIt, Modgaeee sbaJl be entidrd to the possession and enjoyment of the premises from the time of such default and during the pendency offoreclosure~ and periodofmlempbon. if any. IfMortgagor(s) sball fail tosunmdersuch~ to ~ prompd:y upon its œquestthmf'or, Mottøawemayrompelddiverythereofby ejectment aaioo orodra-civiI JIIV" .......I;.~ ......upo..ï..te furtbatpmpose.. Areœiva may be app>iuk:d by anycomt ofmmpelentjurisdiction upon ex parte application witboutDOlia; DOtiœ being berdJy waived andappoiotmentofa reœiYcrupon such applicationbeing herebyamsenœd to by the MortgagoI(s). MORTGAGOR(S) HEREBY RELINQUISH(ES} AND WAIVE(ES) all rights under and by virtue of the homestead exemption Jaws of the State of Wyoming. Dated this ê)-~ day of f9d- ,2006 U+a~ STATEOF~G ) ~t'Vtt:t ) ss. COUNTYOF~LN ) On this ~'th day of Cì(1~-e.r . 2006 bdbre IDf' personally appearedc.,~ (JII2..:tIJ - and _ _II / e, 1/. (? 12m f:::!.... known to me to be the perso (s) desaibed in and whoexecuted the furegoing instroment, and acknowledged that·íh.-tu. executed the same as::±h e.4 ~. free act and deed, including the release and waiver of the right of homestead. ~ M;¡A~ ,/ÞLùJ: ~ WITNESS my hand and seal. 111 ~ ll2 ~ L L 8 bttIrfJ- NOTARY PUBLIC in and for said County and State My commission expires RECEIVED 2/27/2007 at 4:41 PM RECEIVING # 927095 BOOK: 649 P AGE' 764 JEA . LINCOLN COUN;NE WAGNER '< CLERK, KEMMERER, wy