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HomeMy WebLinkAbout896649 RECEIVED LINCOLN COUNTy CLERK PAGE 't 7 3 -- ~, -, ~ u -, a 0h JAN 15 JEANNE WAGNER MDL PROPERTIES, LLC and TOM and SUE LEWIS, moHgagor~ Lincoln County, Wyoming, to secure the payment of One Hundred Eighty - Six Thousand Dollars ($186,000.00) due with interest thereon at the rate of six percent (6%) per year (said sum and the interest thereon, being referred to as the indebtedneSs), payable in accordance with the provisions of that cmtain promissory note, dated December ,2003, hereby mortgage and warrant to HAMID NOORANI and CHART LANE, LLC, a California Limited Liability Company, or there heh's, 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 payment 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 II Page 1 of 3 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 fol' 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 purpose. 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 insoh, ency of mortgagors, the value of the premises, 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 from 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 vh'tue of the homestead exemption laws of the State of Wyoming. WITNESS our hands this '~'*'~ day of XJA4,~/_>~,le-,~/ , 200~. For MDL PRO,P.~.. RTIES, / TOM L~4(¢I~'' SUE LEWIS LLC STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this Jjcccmbcr,-;-~0O3~?y TOM LEWIS, MDL PROPERTIES, LLC. Mortgage Lewis / Noorani II Page 2 of 3 day of NOTARY PU STATE OF IOAHO My Commission Expires: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this 121~m:~0err-~0-3 ,by TOM LEWIS. My Commission Expires:///&/O~ STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) '7-F--*''' day of ~OJFARY PUBLIC NOTARY PUBLIC _ _- _ _ STATE OF IPAHO The foregoing instrument was acknowledged before me this De~fu=t~20~ by SUE LEWIS. My Commission Expires: /[/~,/O~ day of NOTARY PUBLIC JUDSON POTTER NOTARY PUBLIC STATE OF IPAHO I75 Mortgage Lewis / Noorani II Page 3 of 3 i75 My Commission Expires: STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this ~03 .by TOM LEWIS. STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) NOTARY PUBUC ,~IATE Or IPAHO The foregoing instrument was acknowledged before me this 13eoembe,~1003 by SUE LEWIS. day of My Commission Expires: ///~,/0~ day of NOTARY PUBLIC #OTkRY PUBLIC STATE_..OF~?PAHO - Mortgage Lewis / Noorani II Page 3 of 3