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HomeMy WebLinkAbout870656MORTGAGE DEED WITH RELEASE OF HOMESTEAD I Murray Johhs.on Marguerite J. Johnson Mortgagor(s), of Mari cnpa County, State of Arizona to secure the payment ofEleyen Thn: Sand Dotlars (S 1 1 n n 0 O 0 due ept Pmhe r 1 5 2 0 1 interest from at this rate of Ten eptembor 1 5 7 0 0 0 per ce nt per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of One Hundred Forty F ive INIIm On 1d each, including interest; commencing on the 1 5 t h day of 5 3 7 and continuing on the same day of cacti month thereafter, does hereby mo rtgag c and warrant o LEISURE VALLEY, IN C,, a Nevada 'Corpoiation; Mortgagee, of Lincoln County, Wyoming, tie following described real property in the County of Lincoln, State of Wyoming: j far iWIA'S 1 /74 i1 his ort gage SE lie leiTiRiES On this 27th day of July, 2000 )l;k before me personally appeared I Murray Johnson and Marguerite J. JOhnson known to me to be the rson(s) described in and who executed the foregoing instrument and acknowledged that `":j same aa` 1 t free act and decd, including the release and waiver of the right of homestead. executed the Star Valley Ranch RV Park Plat 1 Lot 188 E®OK__45$p1P PAGE; 0 3 8 RECEIVED LINCOLN COUNTY CLERKS: Mortgagor(s) agree to pay the indebtedness accordin h fry conditions of that Poo o It re x r,+1,#1. e described, executed by Mortgagor(s) to LEISURE VALLEYONJ Ua di hg hefe this and assessments against the premises. If Mortgagor(s) fail to pay such taxes or assessments Mortgagee mortgage to pay all taxes and sums paid by Mortgagee for such purpose shall be added to and considcrcd as a part of the ind btedness� 9t i NG at the same rate, crc i4��3!4Sl 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 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 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). MORTCAGOR(S) HEREBY RELINQUISH AND WAIVE all rights under and by virtue of the homestead exemption laws of the State of Wyoming. DATED this 27th day of July, 2000 ,lgx STATE OP WYOMING n: COUNTY OP LiNCOLN My Commission Expires: 05 0 MORTGAGOR(S): r .Recorded at the Request of: LEISURE VALLEY, INC. P.O, Box 42755 Las Vegas, Nevada 89116 NOTARY PUBLIC in and for said County and State b "),,Q 3 ?r) )A