HomeMy WebLinkAbout877735 MORTGAGE DEED WITF[ RELE/RE OF HOMESTEA[3 '
Douqlas R. & Alton E Andrews Mortgagor(s),of ~,e~
Coun~,S~of ?Utah , to ~ure the payment of Twelve Thousan~ an~ ' "
($ I~,OQQ.Q~), due D¢~m~ ] , ,201 ] ,~, with ~te~at frOm
_lsr , ~ 01 at the rate of Ten
~r cent ~r annum payable monthly, evidcnc~ by ~omisao~ Note
°feven~he~,~mon~y~s~llmentsof One Hundred PiFty Eiqht ~o~$ 00 158.5¢
~eh, ~clud~g ~terest, commcnc~g on thc ~ st day of December t 2001
, 19 ,
and cont~ukg on ~c aame day of ~ch mo~th thcr~Rcr, doca hcr~y mo~gagc and wa~ant to LEISU~ V~LEy,
Neva~ Co~Qon, Mo2gag~, o~incoin County, Wyoming, thc fuHo~g dese~b~ r~l prope~y in thc County of Linc0~,
S~te of Wyoming:
Star Valley Ranch RV Park Plat 1 Lot ~463 B~'~_.PRPAGE
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 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 pruvided 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 ease 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 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 hereal%r payable for the use and occupancy of the premises by any person in possession
thereof wi(h 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 eleots 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 foreolosure 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) or the value of the premises or the insufficiency thereof to discharge the
indebtedness and costs of foreolosure 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;
DATED this 5th day of eptemo,~x:, 2 O, B1
S
· M~OR-T-QAGOR(S~):
'2--
) SSI"
COUNTY OF LINCOLN )
On this 5th day of September, 2001 ., i~ , before me personally appeared
Douqla,:~ R. Andrews and Afton E. ·'Andrews knownto
~neto be t~c person(s) described in and who executed thc foregoing instrUment and acknowledged that . ~- h ~ y. executed
the same as t h e i r free act and deed, including the release and waiver of the right of homestead.
WITNESS my hand and seal.
· NOTARY 15UBLIC in and for saic~
u~l~ ~TiJ v¢~,r~,~ ~ County and State
My Commission Expires: Recorded at the Request of:
LEISURE VALLEY, INC.
P.O. Box
Thayne, Wyoming 83127