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HomeMy WebLinkAbout978384 916384 9/12/2014 11:19 AM LINCOLN COUNTY FEES: $12.00 PAGE 1 OF 1 BOOK: 839 PAGE: 506 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111111111111 H I E N 1111111111111111111101111 11111 11 MORTGAGE DEED WITH RELEASE OF HOMESTEAD Carl Kristen Nylander and Sherry Lynn Nylander Mortgagor(s), of Weber County, State of Utah secure payment of Twelve thousand six hundred dollars and 00 /100 Dollars 12,600.00 due January 1, 2024 with interest from October 11, 2013 at the rate of 6 per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of One hundred thirty -nine dollars and 89/100 Dollars 139.89 each, including interest, commencing on the 1st day of February 2014, and continuing on the same day of each month thereafter, do es 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: Lot 801 of Star Valley Ranch RV Park Plat 4 Stage 1 2nd Filing Mortgagor(s)agrees 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) fails 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 assigns 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 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 authorizes 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 deliverythereof 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). MORTGAGORS(S) HEREBY RELINQUISH s AND WAIVE s all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this 2-4-1 day of JAIQOA0 --1 2014. MORTGAGORS: qv, STATE OF WA ss. COUNTY OF Vi 004 On this QAt day of 2014, before me personally appeared Cnr Kr is icaviev and r known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that executed the same as free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. 'T.\ BRADLEY GATHERCOLE Notary Publics State of Utah A Commission 663513 r M y Commission Expires NO RY PUB IC in a o s. id County and State March 15, 2017 My commission expires 0?2 1.