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HomeMy WebLinkAbout958044MORTGAGE 000358 FLOYD THOMAS PARKER and CARLENE PARKER, mortgagors, of Otterville, MO, to secure the payment of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) due with zero interest thereon total indebtedness being TWENTY FIVE THOUSAND DOLLARS DOLLARS ($25,000.00) payable in accordance with the provisions of that certain promissory note, dated February 5, 2007, hereby mortgage and warrant to RONALD L. MERRITT and DEBRA MERRITT, mortgagees, of Auburn, Lincoln County, Wyoming, the following property to -wit: In Section 4, Township 32, Range 119W, 6 P.M. Lot 1 of Block 17 in the townsite of Auburn, County of Lincoln, State of Wyoming together with all water rights and improvements. 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, then the whole indebtedness shall, at mortgagees' option, become due and payable forthwith, and mortgagees may foreclose this mortgage either by advertisement and sale of the premises as provided by statute, or by an action in equity. Out of the proceeds of any foreclosure sale, mortgagees 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 of the indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in any equitable action brought to foreclose this mortgage. To fully assure mortgagees the benefit of the security interests in the premises granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter 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, whether or not mortgagees elect to foreclose this mortgage on account thereof, mortgagees shall at once be entitled, and are hereby authorized, to collect the rents from the premises and to RECEIVED 2/11/2011 at 11 :40 AM RECEIVING 958044 BOOK: 762 PAGE: 358 JEANNE WAGNER PI neM INITV f•1 CD1! 1VG11A11ARRFR Merritt/Parker Mortgage Page 1 of 3 apply the same to the payment of the indebtedness secured hereby until such default is remedied. In the event of foreclosure of this mortgage upon default, mortgagees shall be entitled to the possession and enjoyment of the premises and the incident rents, issues, and profits thereof from the time of such default and for and during the pendency of foreclosure proceedings and the period of redemption, if any. If mortgagors should fail to surrender such possession to mortgagees promptly upon its request therefore mortgagees may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. Furthermore and 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 mortgagors, the value of the premises, or the sufficiency thereof to discharge the indebtedness and costs of foreclosure and sale, mortgagees shall be entitled to a receiver for the premises and the rents, issues and profits thereof from the time of default to the expiration of any redemptive period provided by law. Such receiver may be appointed by any court of competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application being hereby consented to by mortgagors. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. q#0h` J ,r( Witness our hands this day of February, 2007. Merritt/Parker Mortgage Page 2 of 3 CARLENE PARKER 000359 FLO D THOMAS PARKER STATE OF \BS COUNTY OF S S. The foregoing instrument was acknowledged before me by FLOYD THOMAS PARKER and CARLENE PARKER t h i s day of�u 2007 Witness my hand and official seal. My Commission Expires: ..s\s: \g as \C, Y P?' NOTAR =�PR eli Y' 9•. O SEAL .off: F MS5, Merritt/Parker Mortgage Page 3 of 3 JANET S. HIBBARD My Commission Expires September 18, 2010 Benton County Commission #06409672 000360