HomeMy WebLinkAbout903794 RECEI .,,
90379
OCT
Nicholas Edward Dyer
Mortgagor(s), of County,~fa~:d~I ~.," ~Chii~6rnia , to secure payment of
Ten thousand eight hundred dollars ~J~J/..t0~.~:r.~ Dollars/ ($_10,800.00 ), due Sevtember 15,
2014 , with interest from September 15, 2004 at the rate of 10 per cent per annum payable
monthly, evidenced by PromissoryNote of even date herewith, in monthly installments of One hundred forty-two dollars
and 72/100 Dollars ($ 142.72 ) each, including interest, commencing on the 15th day of
October ,2004, and continuing on the same day of each month thereafter, do es hereby mortgage and
warrant 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 51 of Star Valley Ranch Plat 21 as platted and recorded in the Official Records of
Lincoln County, Wyoming.
0 5 7 0?RpAGE._ ~
Mortgagor(s) agree to pay the indebtedness a.ccording to the terms a nd conditions of that certain Promissory Note hereinabove
described, executed by Mortgagor(s) to Leisure Valley, Inc., and during thc lilb 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 default occurs in the payment of the indebtedness or in the payment ~!' any installment thereof, or if default occurs in any of the
covenants and agreements hereof or under the aforesaid Promissory Note, d~en the whole 'indebtedness shall, at Mortgagee's option,
become due and payable forthwith, and Mortgagee may foreclose this m~, tgage either by advertisement and sale of the premises as
provided by the statutes of theState of V~ryoming, 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 thc 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 Mortgager'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 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 fo~ that purpose. Furthermore, in addition to the remedies
otherwise provided for in this mortgage andby 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 mu time of default to the expiration of any redemptive period
provided by law. A receiver may be appointed by any court of competent junsdiction upon ex parte application without notice, notice
being hereby waived and appointment cfa receiver upon such application bcmg hereby consented to by the Mortgagor(s).
MORTGAGORS(S) HEREBY RELINQUISH AND WAIVE all rights under and by virtue of the homestead
exemption laws of the State of Wyoming.
MORTGAGORS:
COUNTY OF~N ) '
/~/~;/~;~n this /(~"/~ day of ~~/~ , 2004, before me personally appeared
~ ~:j/(~/~b'~/~t/~ and ' _._7 ~ ------ ~ known to me to be the
pers~on~r) described in and who e:~ecuted the foregoing instrument, and acknowledged that ~g ex~cuted the same as
.~, ,'.~ free act and deed, including the release and waiver of thc right of homestead.
WITNESS my hand and seal.
My commission expires
NOTARY PUBLIC'in and fei%aid County and State