HomeMy WebLinkAbout895575 RECEIVED
~LIN00LI,,I COU¢.,ITY CLERK
PR PAGE 6 6 9 MORT~AG,F~
MDL PROPERTIES, LLC and TOM and SUE LEWIS, mot'tgago!s~'o~e~ ,.,:,:..4 -.
Lincoln County, Wyoming, to secure the payment Two Hundred Sixty - Three Thousand
Eight Hundred Sixty - Four Dollars and Fifty - Nine Cents ($263,864.59) due with
interest thereon at the rate of six percent (6%) per year (said stun and the interest
thereon, being refen'ed to as the indebtedness), payable in accordance with the provisions
of that certain promissory note, dated November 02 } ',-~2003, hereby mortgage and warrant
to HAMID NOORANI and CHART LANE, LLC, a California Limited Liability
Company, or there heirs; successors, or assigns, mortgagee, of Marysville, California to-
wit:
Plat 13, Lot 16 Star Valley Ranch, including all improvements thereto.
If default occurs in the paymeni of the indebtedness or in the payment of any
installment thereof, or if default occurs in any of the covenants and agreements hereof,
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 statute, or by an 'action in equity. Out of the proceeds of any
foreclosure sale, 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 of the
indebtedness remaining unpaid at the time of such sale, the same to be taxed as costs in
any equitable action broUght to foreclose this mortgage.
To fully assure mortgagee the benefit of the security interests in the premises
granted to it hereunder, mortgagors hereby assign to mortgagee all rents hereafter payable
for the use and occupancy of the premises by an person in possession thereof with
mortgagors' consent. If default occurs in any of the covenants and agreements herein
contained, whether or not mortgagee elects to foreclose this mortgage on account thereof,
mortgagee shall at once be entitled, and is hereby authorized, to collect the rents from the
premises and to apply the same to the payment of the indebtedness secured hereby until
such default is remedied.
Mortgage
Lewis / Noorani
7 0
In the event of foreclosure of this mortgage upon default, mortgagee shall be
entitled to the possession and enjoyment of the premises and the incident rents, issues,
and profits thereof from the time of such default and for and during the pendency of
foreclosure proceedings and the period of .redemption, if any. If mortgagors should fail to
surrender such possession to mortgagee promptly upon its request therefore, mortgagee
may compel delivery thereof by an ejectment action or other civil proceeding appropriate
to that propose.
Furthermore and 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 mortgagors, the value of the promises, or the sufficiency thereof to
discharge the indebtedness and costs of foreclosure and sale, mortgagee shall be entitled
to a receiver for the premises and the rents, issues and profits thereof fi'om the time of
default to the expiration of any redemptive period provided by law. Such receiver may
be appointed by any court of competent jurisdiction upon ex parte application, without
notice, notice being hereby waived and the appointment of a receiver upon such
application being hereby consented to by mortgagors.
Hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
WITNESS our hands this ~ ~ day of M0o6~}- ,2003.
For MDL PROPERTIES, LLC
TOM LEWIS
SUE LEWIS
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me this
,2003 by TOM LEWIS, MDL PROPERTIES, LLC.
day of
My' Commission Expires:
NOTARY PUBLIC
Mortgage
Lewis / Noorani
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me this
,2003 by TOM LEWIS.
day of
671
NOTARY PUBLIC
My Commission Expires:.
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me this
P~ Ol/_///.~¢ ~O//i. ,2003 by SUE LEWIS.
My Commission Expires:
~ C/P/qday of
Mortgage
Lewis / Noorani
NOV-24~2003 /'ION 12:07 PM F'RX HO, 30"/ 886 9488
In thc event of foreclosure of this moltgage upon default, mortgagee shall be
entitled to the possession and enjoyment of the premises and the incident rents, issues.
and profits thereof fi'om the time af ouch default and for and during the pendency of
foreclosure proceedings mid the period of redemption, if any. If mmlgagors should fail to
surrender such possession to mortgagee promptly upon its request therefore, mortgagee
may compel delivery thereof by an ejectment action or other civil proceeding appropriate
to that purpose. ~
Furthermore and in addition to the remedies otherwise provided for in this
mortgage and by law. and as a matte~' of right, without regard ~o the solvency or
insolvency of mortgagors, the value of the premi.~es, or the sufficiency thereof to
discharge the inclebtc41nesx and costs of foreclosure and sale, mortgagee shall be entitled
to a receiver for the premises and the rents, issues and profit~ thereof from the time of
default to the expiration of any redemptive period provided by law. Such receiver may
be appointed by any court of competen! jurisdiction upon ex paste application, without
notice, not!ce being hereby waived and the appointment of a receiver upon such
application being hereby consented to by mortgagors.
Hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
WITNESS our hands this
STATF: OF WYOMING )
) ss.
COUNTY OF LINCOLN )
day of /00~.~ ~0o' 2003.
TOM LEW//~S
SUE LEWIS
· l ~ The foregoing instrument was acknowledged before me this '--- day of
/L/c,V'~a4~.~ 2003 by TOM LEWIS, MDL PROPERTIES, LLC.
NOTARY PUBLIC
My Commissi~:m Expires:
M~rtgage
Lewis / Noorani
STATE Of IDAHO
......
P. 01
672
NOV-24-2003 ~ON 12:07 P~
FAN NO, 307 886 9488
P, 02
STATE OF WYOMING
) ss.
COUNTY OF LINCOLN )
_ /The foregoing instrument was acknowledged before me this ~-~4¢/t~_ day of
A/~, V~-Tco~..P--~ 2003 by TOM
COU~Y OF LINCO~ )
~, Thc foregoing ms~ument was ~knowledged before me ;his ~q day
N ~'~4~'~ ~z,'l .... 2~3 by SUE ~WIS.
My Commission Expires:
673
Mortgage
Lewis / Noorani
WHEN RECORDED, MAIL TO:
Mark D. Pahner, Esquire
PALMER & PALMER
Attorneys at Law
975 West 1700 South, Suite 201
Syracuse, Utah 84075
895576
RECEIVED
LINCOLN COLJNTY CLERK
QUIT CLAIM DEED
Ceylon J. Hawkes and Betty M. Hawkes, Grantors, of 902 South 850 East, Bountiful
84010, Davis County, State of Utah, hereby quit claim to Ceylon J. Hawkes and Betty M.
Hawkes, Trustees of The Ceylon J. Hawkes Family Protection Trust, dated the 24th day
of November, 2003, Grantees, of 902 South 850 East, Bountiful 84010, Davis County,
State of Utah, for the sum ofTEN AND NO/100 ($10.00) DOLLARS, and for other good
and valuable consideration, the following tract of land in Lincoln County, State of
Wyoming:
PLAT TEN (i0) LOT FORTY-FIVE (45) IN STAR VALLEY RANCH, AS
PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN
COUNTY, WYOMING.
WITNESS the hands of said Grantors this 24th day of November, 2003.
B~'~TTY .~M~WI~$ ' -
STATE OF UTAH )
( SS.
COUNTY OF DAVIS )
On the 24th day of November, 2003, persm dlly appeared before me Ceyon J.
Hawkes and Betty M. Hawkes, the signers of the w~hin~inst/ment, who duly
acknowledged to me that they execute h~~,~// / /?, ~
~<,.~.~7 · s~cus~ u, ~4o~s '
kv ."- ......... <. ~ '
'<.2~'.~;~ COMM. EXR 08-29-2005 Res~d~g at: Syracuse, Utah
My ~ommission EXpires: 08/29/05
(S AL)