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HomeMy WebLinkAbout870660RELEASE _(-1,.. �.11ey Ranch RV Park Plat 1 Lot 381 This Mort gage rqG 5o PR PAGE 0 A2, YDIt af' Af M01T$AW MORTGAGE DEED WITH RELEASE OF HOMESTEAD Donald E. .wl'lery State of Mortgagor(s), of Douglas County, Cn1 nr adi) to secure the payment of Eleven thousand Twenty Five Dollars ($.11 due September 1, 2010 1t‘ with interest from September 1, 2000 tfix at the rate of Ten per cent per annum payable monthly, evidenced by Promissory Note of even date herewith; in monthly installments of One Hundred Forty Fi VP 70 Dollars (S 145.70 each, including interest, commencing on the 1st day of Setbcr 2000 and continuing on the same day of each month thereafter, does hereby m and warrant to LEISURE VALL INC., a Nevada:' Corporation; Mortgagee, of Lincoln County, Wyoming, the following described real ro rt Lincoln, State of Wyoming: P Pe Y the County of ortgagor(a) agree to pay the indebtedness a8ollifa 6 tk A± r nnh conditions of that P o executed by Mortgagor(s) to LEISURE VALLEY, INC„ and d duuring g the liffe e Note ne e of this t a assessment against the premises. If Mortgagor(s) fail to pay such taxes or assessments, Mortga i.: R aSi, d part of the indebtedness and shall draw i sums paid by Mortgagee for such purpose shall be added to and considered as a interest and 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 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 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 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, 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 parts 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 oldie homestead exemption laws of the State of Wyoming. DATED this 7th day of July, 2000 STATE OF WYOMING ss: COUNTY OF LINCOLN On this 7th day of July, 2000 Donald E. ITl l Pry before me personally appeared an known to me to be the person(s) described in and who executed the foregoing instrument and acknowledged that ha executed the same,as hi q free act and deed, including the release and waiver of the right of homestead. WITNESS v hanlj r VICKIE J. JEPPERSON P tIrq PI* County of 1 $I* Wash 1 5 WIWI% My Commission Expires: My Commission Exp1N .I f `C C- j ,1 MORTGAGOR(S): .Recorded at the Request of: LEISURE VALLEY, INC. P.O. Box 42755 Las Vegas, Nevada 89116 4fir, rLe NOTARY PUBLIC in and for said County and State RWCr1VEO INCOLN COUNTY CLERK 01 M1--8 111 12: 05