HomeMy WebLinkAbout950469,:y5
MORTGAGE DEED WITH RELEASE OF HOMESTEAD
Jerry Kessler, Mortgagor(s), of Minnehaha County, State of South Dakota, to secure payment of thirty -nine
thousand five hundred and no /100 Dollars ($39,500.00) due August 1, 2024 with interest from July 21,
2009, at the rate of seven point nine per cent (7.9 per annum payable monthly, evidenced by Promissory Note of
even date herewith, in monthly installments of three hundred seventy -five and 21/100 Dollars ($375.21) each,
including interest, commencing on the 1st day of September, 2009 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 4 (Stage 1) Lot 783
Mortgagor(s) agree(s) to pay the indebtedness according to the terms 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. 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 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 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 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) shall 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.
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 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 from the premises the rents, issues and
profits thereof from 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 21st day of July, 2009
RECEIVED 11/10/2009 at 3:24 PM
RECEIVING 950469
BOOK: 735 PAGE: 502
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
COUNTY OF LINCOLN
STATE OF WYOMING
My commission expires
ss.
On this 21st day of July, 2009 before me personally appeared Jerry Kessler, 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.
(2 rx.
N TARY PUBLIC in and for said County and State
a8 aol1
MORTGAGOR(S):
JANET BODE NOTARY PUBLIC
County of O State of
Lincoln Wyoming
My Commission Expires July 28, 2011