HomeMy WebLinkAbout978640MORTGAGE DEED WITH RELEASE OF HOMESTEAD
James L. McDonnell and Kay L. McDonnell Mortgagor(s), of Hanson County, State of
South Dakota to secure the payment of Thirteen Thousand Five Hundred Dollars 13,500
due September 1 20 2024 with interest from August 20 20 14 at the rate of
Six per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of
One hundred forty nine and 88/100 Dollars 149.88 each, including interest, commencing on the
1st day of October 20 14 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 to pay the indebtedness according to the terms and conditions of that 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 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 a default occurs in the payment of the indebtedness or in the payment of any installment thereof, or if a 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 immediately, 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 inequity. This will be Mortgagee's sole
remedy against Mortgagor(s) in case of a default by Mortgagor(s). Out of the proceeds of any foreclosure, the Mortgagee shall retain
or receive all sums due to it hereunder and all 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 sale 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 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 a 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 a 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 date 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 an 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.
ge,7 t 20 k�
DATED this '2,-- day of
STATE OF WYOMING
COUNTY OF LINCOLN
ss:
On this `2 of
Lot 529 of Star Valley Ranch RV Park Plat 2 Phase 2
978640 10/1/2014 3:25 PM
LINCOLN COUNTY FEES: $12.00 PAGE
BOOK: 840 PAGE: 668 MTG, RELEASE OF
JEANNE WAGNER, LINCOLN COUNTY CLERK
IMP 111111 1111 1!111111111 II II I III IN 11111 11111 1111! IIIII 1111 !I I III 1111 1111
20 before me personally appeared
3� known to me to be the person(s)
G�-
described 'n and v,cho executed the foregoing instrumen and acknowledged that ..A executed the same as
1L( J free act and deed, including the release and waiver of the right of hom6 .ead.
WITNESS my hand and seal.
My Commission Expires: b (75 1 OE,
County of
Lincoln
Commissioner June 25. 2018
MORTGAGOR(S):
1OF 1
O c 9,.
NOTARY PUBLIC in nil or said
County and State
Recorded at the Request of:
LEISURE VALLEY, INC.
Post Office Box 299
Thayne, Wyoming 83127