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HomeMy WebLinkAbout871441MORTGAGE DEED WITH RELEASE OF HOMESTEAD Tony A. IDa.A. Torres County, State of Idaho to secure the payment of Twe 1 ve Thousand F Mortgagor(s), of Bannock re HundrDa11ars 1 2, 900. 00),.duc .October 1 2010 lax with interest from October 1 2000 ,A at the rate of TP per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of One Hundred Sixty Five 19/ 101bllars (S 165.19 each, including interest, commencing on the 1St. day of OCtoh 200(Y and continuing on the same day of each month thereafter, does 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 1 Lot 264 Mortgagor(s) agree to pay the indebtedness according to the terms and conditions of that Promissory Note hercinabovo described, executed by Mortgagor(s) to LEISURE VALLEY, INC., and during the life of this mortgage to pay all taxes and assessments against the prcmiscs. If Mortgagor(s) fail 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, thcn 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 attorneys' fees in an amount equal to Ten Percent (10q) of the indebtedness remaining unpaid at the time of such sale, and the same shall be taxed is 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 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 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 thercfdr, 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) or 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). MORTCACOR(S) IIEREBY RELINQUISII AND WAIVE all rights under and by virtue of the homestead exemption laws of the State of Wyoming. DATED this 30th day of July, 2000 r o1 I 49 1. O PR PACE /A/4 STATE OP WYY Otylltfq A 1.1) sa: COUNTY OP LINCOLN On this 30th day WITNESS m hand a VICKIE J. JEPPERSON Matey P,*Ia County a r MMO Lincoln x' y' Wooing My Commission E Ip• My Commission Expires: 10 O S- d MORTGAGOR(S of July; 110'0 01 before me personally appeared Tony k Torres and Trla A Torres known to ma to be the person(s) described in and who executed the foregoing instrument and acknowledged that 1 h ey executed the same as their free act and decd, including the release and waiver of the right of homestead. NOTARY PUBLIC In and for said County and State .Recorded at the Request of: LEISURE VALLEY, INC.