Loading...
HomeMy WebLinkAbout894413 RECEIVED ,"],~ 0 -LINCOLN COUNTY CLERK 1338 1 3 03 OCT Ih Pi" 2, 23 MORTGAGE DEED WI.. ~LEASE OF HOME~AD d t: A N r,l c W/:; (} N c R Steven A. Sbafl Mortgagor(s), of Count, State o~f Illiaois , to secure payment o¢ Twenty- three thousand eight hundred ~fty dollars 00/~00 Dollars ($_~3,850.00 ),due October 01, Z013 with interest Crom October 01, 2003 at the rate o¢ 10 per cent per mmum payable monthly, evidenced Promissory Note o¢ even date herewith, in monthly instalhnents of Three hundred ~f/een dollars and 18/100 Dollars ($ 315.18 ) each, including interest, commencing on the ~lst day of November 2003, and continuing on the same day of each month thereafter, do es hereby mortgage and wa~ant to LEISURE VALLEY] ~C., a Nevada Co~oration, Modgagee, of Lincoln CounW, Wyonfing, th6 following described real property in the CounW of Lincoln, State of Wyoming: Lot 18 of Star Valley Ranch Plat 17 as platted anti 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 payment of any installment thereof, or if default occnrs 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 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 (l 0%) of the indebtedness remaining unpaid at the time of st, ch 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 file premises granted 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 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 apd 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 purpose. Furthermore, in addition to the remedies otherwise provided for in this mortgage and by law and as a matter o£rigbt 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 flora 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. Datedthis I dayof (~ CL-'/t-O ~'-//~ ,2003. MORTGAGORS: STATE OF WA'N3Mt:N~ ) COUNTY OF~ ) 882 Ou this /~ day of , 2003, before me ,,.~¢'g.,,¢ /~. S~I~ and person(l) described in and who executed the foregoiug instnnnent, aud acb~owledged that ~ executed the same as fi'ee act and deed, including the release and waiver of the right of homestead. personally appeared known to me to be the My conmfission expires