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HomeMy WebLinkAbout877660 47 ) ORTG WI p^ AGE DEED TH LEASE OF HO STE ,,'- i, ;.: ::;: Mortgagor(s), of _County, State of ~~" ':" 0f_ ' _ Twen~ thousand segen hundred W-omin. _ _, to secure payment .Dollars ($~0.00 ), due . · cent pe[ annum payable monthly, ----- · _~ at me rate o~10~ per ewaenced by Promissory Note of even date-herewith, in mont~Tiy installm~ of - T~o hundred Seve~-three dollars and 55/100 Dollars ($ 273.55 each, including ~eres~ommencing on the Dtl~ -clay of October , 2001, and contin~in Corporation, ' ' g~ same Say of each month thereafter, do '--hereb~e and warrant to LE~~Ey, INC, a ~evada of Wyoming: Mortgagee, of Lincoln County, Wyoming, the following described real properW in the County of Lincoln, State Lot 92 of STAR VALLEY ~NCH PLAT EIGHTEEN (18) Mortgagor(s) agree~ to pay the indebtedness according to the terms and conditions of that certain Promisso~ 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, Mo~gagee may pay the same, and all sums paid by Mortgagee tbr 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 o6 any installment thereof, or if dethult occurs in any of the covenants and agreements hereof or under the aforesaid Promisso~ Note, then the whole indebtedness shall, at Mortgagee's option, become due and payable fo~hwith, and Mortgagee may foreclose this mo~gage either by advertisement and sale of the premises as provided by the statutes of the State of Wyoming, or by an action in equiw. This will be Mortgagee's sole remedy against Mortgagor(s) in case ofdethult 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,.induding 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 fiflly assure Mortgagee the benefits of the security interest in the premises granted to it hereunder, Mortgagor(s) hereby assign ' to Mmlgagee all rents hereafter payable for the use and occupancy of the premises by any person in possession thereof with Mortgagor's consent, ifdefanlt occurs in any of the the covenants and agreements herein contained or under fl:e aforesaid Promisso~ Note, whether or not Mortgagee elects to fi~reclose this mo~gage on account thereof, Mortgagor(s) hereby authorize Mortgagee to collect the rents fi'om the premises and to apply the same to the payments on the indebtedn ess secured hereby until such~efault is rem edied. In the event of foreclosure of this mortgage upon default, Mortgagee shalI be entitled to the possessmn and enjoyment of the premises and rents and profits thereoft?om the time of such default and during the pendency of foreclosnre proceedings and period, of redemption, ii' an y. I'f Mortgagor(s) shall fail to surrender such possession to Mortgagee promptly upon its request therefor, Mortgagee may compel delive~ thereof by ejectment action or other civil proceedings appropriate for that purpose. Furthermore, in addition to the remedies other'w~se provided tbr in this mortgage and by law and as a matter of right without regard to the solvency or insolvency of Mortgagor(s), or the val,e of tl~e premises or the insufficiency thereof to discharge the indebtedness and cost~ of foreclosure and sale, Mortgagee shall be entitled ro recewe from the premises the rents, xssues and profits thereof from the time of default to the expiration ora ny 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 ora receiver upon such application being hereby consented to by the Mo~gagor(s) MORTGAGORS(S) HEREBY RELINQUISH AND WAIVE all rights under anti by virtue of the homestead exemption laws of the State of Wyoming. MORTGAGORS: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ~ , 2001, before me personally appeared Mark Stelzer and ~m M. Stelzer known to me to be the person(s) described in a n d who executed the foregoing instrument,'and 'acknowledged that t~ev ~ executed the same as_ their flee act and deed, including the release and waiver of the right of homestead WITNESS my hand and seaI. My commission expires ~z:[[ ~'~