HomeMy WebLinkAbout894411 REOEIVED'
4,{ 8 LINCOl..N COUi'4TY CLERK
MORTGAGE DEED WI SE OF HOMESTEAD '
Daniel D. D uket and Janice M. Vand erhyden ?( [~ k~ M E f~ E R,. v:~"v: ,;..¢ ~:;d ,,,,;,, t!~?
Mortgagor(s), of__ __ County, State of Utah
thousand nine hundred dollars 00/100 Dollars ($_9,900.00
interest fi'om SePtember 25,2003 at the rate of 10
Pronfissory Note of even date herewith, in monthly installments of
($ 130.83 ) each, including interest, commencing on the
2003, and continuing on the same day of each month thereafter, do es
INC., a Nevada Coq)oration,
Lincoln, State of Wyoming:
, to secure payment of Nine
), due __September 25, 2013 with
per cent per ammm payable monthly, evidenced by
One Imndred thirty dollars and 83/100 Dollars
25th day of October
~ hereby mortgage aud warrant to LEISURE VALLEY,
Mortgagee, of Lincoln County, Wyoming, the following described real property in the County of
Lot 21 of Star Valley Ranch Plat 21 as platted and recorded in the Official Records of
Lincoln County, Wyoming.
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 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 pa~ent of any installment thereof, or if default occurs in any of the covenants
and agreements hereof or under the aforesaid PromissoryNote, then the whole indebtedness shall, at Mortgagee's option, become dne and payable
forthwith, and Mortgagee may foreclosethis 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 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
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 ~anted 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 default occurs in any of the the covenants and agreements herein contained or under the aforesaid Promissory Note, whether or not Mortgagee
elects to foreclose this mo~gage on account thereof, Mortgagor(s) hereby authorize~ Mortgagee to collect the rents from the premises and ~o
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 that pu~ose. Furthem~ore, in addition to the remedies otherwise provided for in
this mortgage and by l~w and as a matter of right without regard to the solvency or insolvency of Mortgagor(s), 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 tim 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 pa!le 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 ~LINQUISH AND WAIVE all rights under and by vir~e of the homestead exemption
taws of the State of Wyoming.
STATE OF WYOMING )
)
COUNTY OF LINCOLN
ss.
~ On.. this ' . /] ~L9 day of . 200}, before .,ne personally apl)eared
person(s) described in and who executed the foregoing ins~n~nent, and ac~owledged that / executed the same as
fi'ce act and deed, including the release and waiver of the right of homestead.
WI~ESS my hand and seal.~~~~. .
I ~ N CIA R',' ; '
I ~~ DONALD W. K~RR
I ~% ~ ]:/ My Commission Expires N d State