Loading...
HomeMy WebLinkAbout903778 MORTGAGE DEED WITH ?, F Patricia J. Moon, Mortgagor(s), ofgi~t '~C~u~t~ State of Wyoming lo scct)r~l~ayment of eleven thousand ~o hundred f~ ~a no/100 Dollars ($11,150.00) due September 1, 2014 with imcrcst from Au~st 8, 20g~at the rate often per cent per annum payable montNy, evidenced by Promisso~ Note of even date !,~'~{'~g]i~ ~'~j~llments of one hundred lofty-eight and 67/100 Dollars ($148.67) each, includNg interest, commencing'off the 1a' t}~g~ of O~ober, 2004 and continuing on the same day of each month thereafter, do(es) hereby m~ ,rtgage and warrant to LEISU~ VALLEY, ~C., a Nevada Co~oration, Moffgagee, of Lincoln County, Wyoming, thc following described real property in the Coun~ of Lincoln, State of WyomNg: St~ V~ley Ranch RV Park Plat 1 Lot 339 0 5 7 0.),R. pttf~0 0 9 8 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 l i ti' t ~l'this mortgage to pay all taxes and assessments against the premises. IfMortgagor(s) fail(s) to pay such taxes or assessments, Mortgagee m%, pay the same, and all sums paid by Mortgagee forsuch purpose shall be added to and considered as a part of the indebtedness and s l~,tll d raw interest at the same rate. If default occurs in the payment of the indebtedness or in the payment t,l' a %' installment thereof, or if default occurs in any of the covenants and agreements hereof or under the aforesaid Promissdry Note, Ihcn the whole indebtedness shall, at Mortgagee's option, become due and payable forthwith, and Mortgagee may foreclose this rnt,~ tg,tge either by hdvertisement and sale of the premises as provided by the statutes of the State of Wyoming, or by an action in equity. '1 Ins will be Mortgagee's sole remedy against Mortgagor(s) in case of default by Mortgagor(s). Out of the proceeds of any foreclosure the fx I,,~ lg'agee shall retain or receive all sums due to it hereunder and costs of foreclosure and sale, including attorney fees in an amount equal t,, I'cn Percent (10%) of the indebtedness remaining unpaid at the time of such sale, and the same shall be taxed as costs in any equitable ,,'tit,n 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 inany ofthe covenants and agreements herein conlaincd ,u' under the aforesaid Promissory Note, whether or not Mortgagee elects to foreclose this mortgage on account thereof, Mortgagor(s) hc~cby 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 N' e milled to the possession and enjoyment of the premises and rents and profits thereof from the time of such default and during the pc~Mcncy of foreclosure proceedings and period of redemption, if any. If Mortgagor(s) shall fail to surrender such possession to Mortgagee t','mptly upon its request therefor, Mortgagee may compel delivery thereof by ejectment action or other civil proceedings appropriate h ~ that purpose. Furthermore, in addition to the remedies otherwise provided for in this mortgage and by law and as a matter of right xx ~t ht mt regard to the solvency or insolvency of Mortgagor(s), the value of the premises or the insufficiency thereof to discharge the indebtcd ness and costs of foreclosure and sale, Mortgagee shall be entitled to receive from the piemises the rents, issues and profits thereof from tm' dine of default to the exptration of any redemptive period provided by law. A receiver may be appointed by any court of competent .lUl isdiction upon ex parte application without notice, notice being hereby waived and appointment of a receiver upon such application l,c i, ~g hereby consented to by the Mortgagor(s). MORTGAGOR(S) HEREBY RELINQUISH(ES) AND WAIVI (}!S) all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this 8tn day of August, 2004 MORTGAGOR (S ~ STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) On this 8th day of August, 2004 before me personally appeared I'atricia J. Moon, known to me to be the person(s) described in and who executed the foregoing instrument, and acknox~ k.dgcd that she executed the same as her free act and deed, including the release and waiver of the right of homestead. WITNESS my hand and seal. My commission expires(7!xa 0"[ (,3 I - NO%Re I~UBI I~! in-7a-nd for said County and State co=nty , tp2..o_f_ Lin~JIn-' ~ Wyoming M Co~n Expires July 28, 2_0_0_7