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HomeMy WebLinkAbout9048510583 MORTGAGE DEED WITH RELF, ASE OF HOMESTEAD Gregory L. Rosenlund and Nesha Rosenlund Mortgagor(s), of Clark County, State of Nevada to secure payment of twelve thousand six hundred and no/100 Dollars ($12,600.00) due October 1,2014 with interest from September 3, 2004 at the rate of ten per cent per annum payable monthly, evidenced by Promissory Note of even date herewith, in monthly installments of one hundred sixty-six and 51/100 Dollars ($166.51) each, including interest, commencing on the 1" day of November, 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, ofLi ncoln County, Wyoming, the following described real property in the County of Lincoln, State of Wyoming: Star Valley Ranch RV Park Plat 2 Lot 619 Mortgagor(s) agree(s) to pay the indebtedness according to the terms a,~l co n ditions o f that certain Promissory Note hereinabove described, executed by Mortgagor(s) to Leisure Valley, Inc., and during the/itc, o l'this mortgage to pay all taxes and assessments against the premises. If Mortgagor(s) fail(s) to pay such taxes or assessments, Mortgagee ma y 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 .q~Ml draw interest at the same rate. If default occurs in the payment of the indebtedness or in the payment o~' any instalhnent thereof, or if default occurs in any of the covenants and agreements hereof or under the aforesaid Promiss'ory Note, d~cn tile whole indebtedness shall, at Mortgagee's option, become due and payable forthwith, and Mortgagee may foreclose this mo~ h,,a ;e e t ~er by advertisement and sale of the premises as provided by the statutes of the State of Wyoming, or by an action in equity. ~! h i~ xx ill be Mortgagee's sole remedy against Mortgagor(s) in case of default by Mortgagor(s). Out of the proceeds of any foreclosure the IX h ~ Igagee shall retain or receive all sums due to it hereunder and costs of foreclosure and sale, including attorney fees in an amount equal I,, 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 acti,m brought to foreclose this mortgage. To fully assure Mortgagee the benefits of the security interest in the premi~,.~ ?~,nted to it hereunder, Mortgagor(s) hereby assign(s) to Mortgagee all rents hereafter payable for the use and occupancy of the prom i sc~ 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) h~.~ cby authorize(s) Mortgagee to collect the rents from the premises and to apply the same to the payments on the indebtedness secured hca, by t, ntil such default is remedied. In the event of foreclosure of this mortgage upon default, Mortgagee shall l,t: entitled to the possession and enjoyment of the premises and rents and profits thereof from the time of such default and during the pen&, wy of foreclosure proceedings and period of redemption, if any. If Mortgagor(s) shall fail to surrender such possession to Mortgagee pt, m~ptly upon its request therefor, Mortgagee may compel delivery thereof by ejectment action or other civil proceedings appropriate ~ ,' fl~at purpose. Furthermore, in addition to the remedies otherwise provided for in this mortgage and by law and as a matter of right wide, ,ut regard to the solvency or insolvency of Mortgagor(s), the value of the premises or the insufficiency thereof to discharge the indebtedness a nd costs of foreclosure and sale, Mortgagee shall be entitled to receive from the premises the rents, issues and profits thereof from t}~, ti me of default to the expiration of any redemptive period provided by law. A receiver may be appointed by any court of competent j u r~diction upon ex parte application without notice, notice being hereby waived and appointment of a receiver upon such application bomb, hereby consented to by the Mortgagor(s). MORTGAGOR(S) HEREBY RELINQUISH(ES) AND WAIVE ti.S) all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this 3rd day of September, 2004 MORTGAGOR (S STATE OF WYOMING ) ) S$o COUNTY OF LINCOLN ) On this 3rd day of September, 2004 before me personally appeared Grcgory L. Rosenlund and Nesha Rosenlund known to me to be the person(s) described in and who executed the foregoing inst ru mcnt, and acknowledged that they executed the same as their free act and deed, including the release and waiver of tilt, r~ght of homestead. WITNESS my hand and seal. NOT/~Y PUBLIC' m and for said County and State My commission expires ~ % ~>l a00-~ RECEIVED 11/29/2004 at 4:40 PM RECEIVING # 904851 BOOK: 573 PAGE: 583 ~EANNE WAGNER LINCO~!ji!/;!~i~!~NTY CLERK, KEMMERER, WY County of ~ State of Lincoln Wyoming My Commission Expires July 28.. ,~ 2007