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HomeMy WebLinkAbout886492 Dewey V. Count, Stag of. ($ 19_qTq.~fl ), due (Y+r~x~ 15:. 9hll 2001 , 1~. , at the rs/c-of -¥ T~ -" ofeven date herewith, in monthly installments of CI~ each, including interest, commencing on the 15Lb and continuing on the same day of each month ther~ Nevada Corporation, Mortgagee, of Lincoln County, State of Wyoming: 053 MORTGAGE DEEE ~ RELEAgi~. OF ~O~AD Peterson Family Trust Mongagor(s),of Washinqton Utah , to s~ure t~e payment of ~]~ ~ ~ ~ ~ ~ ~r ~nt ~r annum payable mon~ly, evldenc~ by ~so~ Note ~ S~ ~ ~ ~/1~ Do~ ($. ~63.~ ) day of ~, ~ ,~ , ~er, docs hc~y me,gage ~d wa~nt to LEISU~ V~LEY, ~C., a Iyom~g, ~c foHo~g d~c~b~ ~1 pro~y ~ ~ CounW of L~, Star Valley Ranch RX Mortgagor(s) agx~ to gay the ind~dness ~ Park Plat 2 Lot 578 cording to thc t~rms and conditions of that Promissory Note hereinabovc described, executed by Mortgagor(s) to LEISURE' rALLEY, INC., and during the life of this mortgage to pay aH taxes and assessments against thc premises. If Mortgagor(s) fail to pay such taxes or assessments, Mortgagee may pay thc same, and all sums paid by Mortgagee for such purpose shall be added to and considered as a part of thc indebtedness and shall draw interest at the same rate. ~ If default occurs in thc payment of the indebtedness or in the payment of any installment thereof, or if default occurs in any of thc covenants and agreements hcrenf or under thc aforesaid Promissory Not~, then the whole indebtedness shaH, at Mortgagcc's option, become duc and payable forthwith, ~nd Mortgagee may foreclose this mortgage either by advertisement and sal~ of thc premises as provided by the statugs of the Sta~e of Wyoming, or by an action in equity. This will be Mortgagcc's sole remedy against Mortgagor(s) in case of default by Mortgagor(s). Out of the proceeds of any foreclosure thc Mortgagee shall retain or receive aH sums duc to it hereunder and costs of foreclosure and sale, including attorneys' fe~ in an amount equal to Ten Percent (10%) of the indebtedness remaining unpaid at the time of such sale, and thc same shall bc taxed as costs in any exluitablc action brought to foreclose this mortgage. - To fully assure Mortgagee thc benefits of thc security interest in the premises granted to it hereunder, Mortgago?(s) hereby assign to Mortgagee all rents hereafter payabl~ for the use and occupancy of the premises by any person in ss~ssion tc ' ' · . po h reef with Mortgagor s consent. If default occursI an any of the covenants and agreements hereto contained or under the afor~aid Promissory Nog, whether or not Mortgagee e~ .~ts 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 up. on default, Mortgagee shall be entitled to the possession and enjoyment of the premises and rents and profits thereof from the yime of such default and during the Pendency of foreclosure proceedings and period of redemption, fishy. If Mortgagor(s) shah fail to surrender such possession to Mortgage~ 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 pi regard to thc solvency or insolvency of Mortgagor(s) indebtedness and costs of foreclosure and sale, Mort 'ovided for in this mortgage and by law, and as a matter of right without or the value of thc premises or thc insufficiency thereof to discharge the agee shah be entitled to receive from thc premises the rents, issues, and profits thereof from the time of default to thc expiration ~,f any redemptive Period provided by law. A receiver may be appointed by any court of competent jurisdiction upon cx partc a! ,plication without notice, notice being hereby waived and appointment of a receiver upon such application being hereby consen :ed to by the Mortgagor(s). ' _ MORTGAGOR(S) HEREBY RELINQUISH AND WAIVE all rights under and by virtue of the homestead exemption laws of thc Sta~ of Wyoming. ' CO DATEDthis 4th dayof September, 2Q~1 . //--~ CO . MORTC~OR(S): ~// / / STATE OF WYOMING ) ) SSi COUNTY OF LINCOLN ) On this 4th day of September, 2001 , ~X , before me personally appeared Dewev V. Patersoq and knowreto mc to b~ th~-person(s) described in and who executed the foregoing instrument and acknowledged that h e c.f. xeo~L~d thc same as h i s free act and deed, including the release and waiver of thc right of homcstead?!~ WITNESS my hand and seal. NOTARY PUBLIC in and for said l'-I..:T:- -- .'a: ~:~ County and State My Commission Expires: ~0 '0~-(~l Recorded at the Request off LEISURE VALLEY, INC. P.O. Box 299 Thayne, Wyoming 83127