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HomeMy WebLinkAbout870654STATE OF WYOMING as: COUNTY OF LINCOLN On this 10th day of Ralph J. Storer My Commission Expires: a s. MORTGAGE DEED WITH RELEASE OF HOMESTEAD Ralph J. Storer or Doris J. Zivin County, State of �Ar.i z ona Mortgagor(s), of Mar i Copa ,to secure the payment of Ten Thousand no/100 Dollars (S 1 0 .000 00 due September 1 5„ 201 Q 151 with interest from SP tpmhpr 1 5 7 000 •$x at the rate of TAn ner cent ner annum navable monthly, evidenced by Promissory Note of even date herewith; in monthly installments of Oloe. N!)NpRED'ril two il., 1 /r aQ Dollars (S 1 0 0 0 0 0 0) each, including interest; coriimencing on the 1 5th day of S Ppt emhp r 2000 ,19 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 271 BOOK 458 PR PAGE 036 LINCOLN COUNTY CLERK agora) agree to pay the indebtedness ace o i J N —8 Note hereinabo f1 s 11 5 t: a duri conditions m ditions of that rve executed by Mortgagors) to LEISURE VAL NV ssessmcnts against the premises. If Mortgagor(s) fail to pay such taxes or asses ments Mortga 8 s Pr -4�rS Ne sums paid by Mortgagee for such purpose shall be added to and considered a a art of the indcbs r s �,in at the same rate; P s a draw interest 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 attorneys' 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 its 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 promises 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, Mortgage e 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 therefdr, 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). MORTGAGOR(S) HEREBY RELINQUISH AND WAIVE all rights under and by virtue of the homestead exemption laws of the State of Wyoming. DATED this 1 bth day of July, 2000 Ju to be the person(s) described in and who executed the same as" t y— free act and deed, including WITNESS my hand and seal. ly, 2000 MORTGAGOR(S): 19 before me personally appeared and Doris J. Zivin known to me foregoing instrument and acknowledged that }}4Q,t executed the 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. P.O. Box 42755 Las Vegas, Nevada 89116