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HomeMy WebLinkAbout903227 REC£1VED ~.li.,'(',OLI;I COUNTY CLERK {;;, ~?FP 29 PH 3:29 ~ax ~. an~ Deo~ N. ~uU ~am~y Tms~, Da~ed ~uly ]7, 2000 ~ortgagor(s), o~Box ~Me~ Cou~, S~a[e o~U[ah ~o secure , ~r7 ,~ ~.l~ ~ 4 payment of ~elve thousand one hundred fi~ and no/100 Dollars ($12,150;0Q)'¢~:Se~t~mbe?d ~'2014 with ~terest from July 5, 2004 at the rate often per cent per annum payable monthly, ewdenced by Promisso~ Note oFeven date herewith, in monthly installments of one hundred s~W and 56/100 Dollars ($160.56) each, includ~g Nterest, commenc~g on the 1 st day of September, 2004 and continuing on the same day of each month thereafter, do(es) hereby mortgage and wa~ant to LEISU~ VALLEY, ~C., a Nevada Co~oration, Mortgagee, of Lincoln County, Wyoming, the following described real prope~y in the CounW of Lincoln, State of Wyoming: Star Valley Ranch RV Park Plat 1 Lot 344 Mortgagor(s) agree(s) 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 Ii fe of this mortgage to pay all taxes and assessments against the premises. If Mortgagor(s) fail(s) 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 ahd 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 Promiss6ry 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(s) 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 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(s) 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 and 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 of right without regard to the solvency or insolvency of Mortgagor(s), the value of the premises or the insufficiency thereof to discharge the indebted ness 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, nonce being hereby waived and appointment of a receiver upon such application being hereby consented to by the Mortgagor(s). MORTGAGOR(S) HEREBY RELINQUISH(ES) AND WAIVE(ES) all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this 6th day of July, 2004 MORTGAGOR(S): STATE OF WYOMING ) COUNTY OF LINCOLN ) On this 6th day of July, 2004 before me personally appeared Max F. Hull and Deon N. Hull known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. NC~RY PUBLIC ii] and for said County and State My commission expires ~ ~)-,~ ~ ~, O O~ ~ County of ~ State of I Linc°lB, _~¢~, .Wyoming ~on Expires July 28,_2007 .