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HomeMy WebLinkAbout899592 ~r. ' RECEIVED BOOV4~_3~ 6 ~AP ,(',~ ... ~-J. 8 LINCOLN cOUNTY CLERK OF HOMESTEAD Dave Crooks "(; ~", ':?. [; "'; ;;~' (::, '""¥' ©' ~]f: C Moagagor(s), of Teton : County, State of Wyoming , to securepaymentof Twenty- six thousand one hundred and 00/100 : Dollars ($_.26,100.00 ), due May 1, 2014 , with interest fi'om May 1, 2004 at the rate of . 10 per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthlyinstallmehts 0f Three Hundred Forty-four and 91/100 ($ 344.91 ) each, including interest, commencing on the 1" day of June ,2004, and continuing on the same day of each month thereafter, do es ; hereby mortgage and warrant to LEISUI(E VALLEY, INC., a Nevada Corporation, Mortgagee, of Lincoln County, Wyomifig, the following described real property in the County of Lincoln, State of Wyoming: Lot 18 of Bridget View RanChes Mortgagor(s) agree__ to pay the indebtedness according to the terms and conditions of that certain Promissory Note here nabove 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&fault occurs in the payment of the indebtedness or in the payment of any installment thereof, or if default occurs in any of the covenants andagreementshereoforundertheaforesaidpromissoryNote then the whole indebtedness shall, atMortgagee'soption becomedueandpayable forthwith, and Mortgagee may foreclose thi~ mortgage either byadvenisement and sale of the premises as provided by the statutes of the State of Wyoming, or by an action in equity. Thi~wil! be Mortgagee's sole remedy against Mortgagor(s)in case ofdelhult by Mortgagor(s). Out of the proceeds of any. foreclosure the Mortgagee s~hall 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 (t 0%) of the indebtedness remaining unpaid at the iime of such sale, and the same shall be taxed as costs m 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 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 Nlortgagee elects to foreclose this mortgage on account thereof, Mortgagor(s) hereby authorize__ Mortgagee to collect the rents fi'om the premises and m 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 po~ssession to Mortgagee promptly upon its request therefor, IVlortgagee 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 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 fi'om 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 jurisdictioi~ 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 REL[NQUIStt AND WAIVE laws of the State of Wyoming. r Dated this tT/ day0f ./~..~ tT-' all rights under and by virtue of the homestead exemption ,2004. MORTGAGORS: STATE OF WYOMING ) 'r6-xo4 ) ss. COUNTY OF I. Zlfil3OL-'N ) On 'thi~, · ',~"~ :day of ~-4~{~y , 2004, before me personally appeared and x,,J known to me to be the person(s) described in and who executed the foregoinginstmment, and acknowledged that .~\.a~ executed the same as O,o free act and deed, including the release' and waiver of the right of homestead. WITNESS my hand and seal. PUBLIC~ unty and State My commission expires ~3~'~