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HomeMy WebLinkAbout875330 MORTGAGE DEED WITH RELEASE OF HOMESTEAD _Mountain Meadow Log Homes, LLC Mortgagor(s), of .LLn¢oln County, State of~__Wvomin~g__ , to secure payment of~_Twenty one thousand six hundred __ _Dollars ($ 21,600.00 ), due -- ~l~..e. mber 15, 2011 __., with interest from ~Aumtst i3~ 2001 : _at the rate of · 1~0 ._per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly ~nstallments of__ 2'.wo hundred eighty_five dollars and 45/100 Dollars ($~285.45 ) each, including interest, commencing on the 15th _ day of~October , 2001, and continuing on the, same day of each month thereafter, do__~ hereby mortgage and warran( to LEISURE VALLEY, INC., a Nevada Corporation, Mortgagee, of Lincoln County, Wyoming, the following described real.property in the County of Lincoln, State .of Wyoming: Lot 72 of STAR VALLEY RANCH PLAT THIRTEEN (13) 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 lire of this mortgage to pay all taxes and assessments against the premises. If Mortgagor(s) fait__ to pay s~]ch taxes or assessments, Mortgagee may pay the same, and all sums paid by Mortgagee for such pm'poSe 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 occurs 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 (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 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&fault 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 tiffs mortgage ulSon 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 o~ 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 bylaw and as a matter of right without regard to the solvency or insolveney of Mortgagor(s), or 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 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, hotice 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__~'ali rights 'under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this 13th __ day of ~A. ugust ,2001. d ~'_ ,/~ ~~'\l~ STATE OF WYOMING ) t(Eii'~,4MEI::~ER, ~,7'FO.MING ) SS. COUNTY OF LINCOLN ) On this __.ll3th day of __~Aumist 2001, before me personally appeared Billy Peterson, Manager and -' -- __ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed, including the release and waiver of the right of homestead. WITN2SS my hand and seal. NOTARY PUB~xJn a~ for said County an~ State My commission expires (-L9 11-~2 [~) .,:.'~" "