HomeMy WebLinkAbout903788 F"--~F- IVED
. Dice ~d Nao~ M. Dice'
Mortgag6r(s), of Lincoln County, State of :'' ~,*,'ry6illi~ff I~/;5 ~ !~? ~ ~ , to secure payment of~
T~-~o tholed ~ee hun&ed ten doH~s Do~ars (~j~2', 310,~ "?,' '~/~' '~':0~',~- O~ober l, 2014 , with
Nterest ~om _ O~ober, 20~ at the rate of 10 per cent per annum payable montNy, evidenced by
Promisso~ Note of even date herewith, in montNy Nsta~ments oF Four Hundred ~en~-sN doH~s ~d 98/100
($. ~6.98 ) each, ~clud~g Nterest, commencNg on the 1~ day of November
2004, and cont~u~g on the same day of each month thereafter, do es hereby mo~gage and wagant to LEISU~
VALLEY, ~C., a Nevada Co~oration, Mo~gagee, of Lincoln County, Wyoming, the following des~ibed real prope~
N the Coun~ of LNcoln, State of WyomNg:
Lot 25 of Bddger View R~ches
Mortgagor(s) a~e~ to pay the ~debtedness according to the te~s a nd conditions of that certain Promisso~ Note hereinabove
des~bed, executed by Moffgagor(s) to Leisure Va~ey, Inc., and dung the lili, of this moffgage to pay a~ taxes and assessments against
the premises. IfMoffgagor(s) fa~ to pay such taxes or assessments, M,mgagee may pay the same, and a~ sums paid by Mo~gagee
for such pu~ose sha~ be added to and considered as a pan 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 Nots, then the whole indebtedness shall, at Mortgagee's option,
become due and payable forthwith, and Mortgagee may foreclose this m(~rtt;age 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 M o,'tgagee 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 pre~ n ises 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 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 this mortgage upon default, Mortgagee shall bc entitled to the possession and enjoyment of the premises
and rents and profits thereof from the time of such default and during the pemh:ncy 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 lbr 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 from the premises the rents, issues and profits thereof from tl~e time of default to the expiration of any redemptive period
provided by law. A receiver may be appointed by any court of competent jm isdiction upon ex parte application without notice, notice
being hereby waived and appointment of a receiver upon such application bc'i ng hereby consented to by the Mortgagor(s).
MORTGAGORS(S) HEREBY RELINQUISH AND WA IV E all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
Dated this q day of ('~,~,~--0 ~-.t,r 2004.
MORTGAGO It S:
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
On this ? day of t55)~r~ AT~ , 2004, before
./[,J~_t-Oqq / /9~ 'C_ W__ and
person(s) described in and who executed the foregoing instrument, and acknowledged that free act and deed, including the release and waiver of thc right oF homestead.
WITNESS my hand and seal.
me
personally appeared
known to me to be the
executed the same as
BI .lC in and for said County and State