HomeMy WebLinkAbout973684MORTGAGE DEED WITH RELEASE OF HOMESTEAD 0 3 31
Daniel J. Weber and Tammy J. Weber, Mortgagor(s), of Lincoln County, State Wyoming of, to secure payment of
($16,200.00), due, September 30, 2013 with interest from August 13, 2013 at the rate of six percent (6 per annum payable
monthly, evidenced by Promissory Note of even date herewith, in monthly installments of One hundred seventy nine dollars
and 85/100 ($179.85) each, including interest, commencing on the 30 day of September, 2013 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:
Mortgagor(s) agree(s) to pay the indebtedness according to the terms and conditions of that certain Promissory Note hereinabove
described, executed by Mortgagor(s) to Leisure Valley, Inc., and during the life of this mortgage to pay all taxes and assessments against the
premises. If Mortgagor(s) fail(s) 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, 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 attorney 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 as 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(s) 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(s) 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 therefor, 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),
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(ES) AND WAIVE(ES) all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
Dated this 13th day of August, 2013
WITNESS my hand and seal.
My commission expires
Star Valley Ranch RV Park Plat 4 Stage 1 Lot 747
RECEIVED 10/14/2013 at 3:52 PM
RECEIVING 973684
BOOK: 822 PAGE: 331
JEANNE WAGNER
LINCQLLLCOUNTY CLERK, KEMMERER, WY
MOR GAGOR(S):
1 T D
Logt&d
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On this 13 day of August, 2013 before me personally appeared Daniel J. Weber and Tammy J. Weber known to me to be
the person(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same as their
free act and deed, including the release and waiver of the right of homestead.
III SA (*IC
NARY PUBLIC in and for said County and State
1 5
JANET BODE NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: July 28, 2015