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HomeMy WebLinkAbout886510MORTGAGE DEED WITH RELEASE OF HOMESTEAD Clifford M. Tatum,/Ir. and Sherr~ L. Tatum Mortgagor(s), of Lincoln County, State of__Wyoming payment off_Twenty-seven thousand Dollars ($ 27.000.00 with interest from Ma¥21~ 2002 at the rate of 10 (ten) m, onthly, evidenced by Promissory Note of even date herewith, in monthly installments of , to secure ), due ___May 21, 2012 per cent per annum payable Three hundred fifty- six dollars and 81/100 Dollars ($. 356.81 ) each, including interest, commencing on the 21st day of. June , 2002, and continuing on the same day of each month thereafter, do__ 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 8 of Bridger View Ranches Mortgagor(s) agree--- 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) fail topay 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 ofdefault by Mortgagor(s). Out ofthe proceeds ofany 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 assi~___ 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 ofthe thecovenants 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 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 delivery thereof by ejectment action or other civil proceedings appropriate for thaf purpose. Furthermore, in addition to the remedies othenvise provided for in this mortgage and by law and as a matter o fright 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). MORTGAGORS(S) HEREBY RELINQUISH AND WAIVE all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this ~>/.2,.~/4~' ~ day of STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) On this ~'J '~"'P day of Clifford M. Tatumt Jr. ,2002. MORTGAGORS: /~.~{.~/ , 2002, before me personally appeared and Sherry L. Tatum known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that _they executed the same as their free act and deed, including the release and waiver of the right of homestead. ~.,t" ' ,' ,, 2":i :?: f r'qc_~ --'- m /~ .~,t / ',.x d.. 1~:~'~ o m NOTARY PUBLIC ~ and for said County and :Stlte :5 c7'> My commission expires WITNESS my hand and seal.