HomeMy WebLinkAbout904860MORTGAGE DEED WITH RELEASE OF HOMESTEAD
Steven V. Wig?.'ll
Mortgagor(s), of County, State of Utah , to secure payment of
Eleven thousand seven hundre~l dollars Dollars ($ 11~700.00 ), due _September 15t
2014 ., with interest from September 1St 2004 at the rate of 10 per cent per annum payable
monthly, evidenced by Promissory Note ofeven date herewith, in monthly installments of One hundred fifty-four doIlars
and 62/100 Dollars ($ 154.62 ) 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 6 of Prater Canyon Estates Unit # 4 as platted and recorded in the Official Records of
Lincoln County, Wyoming.
Mortgagor(s) agree 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 life 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'pgyment of any installment thereof, or if default occurs in any of the
covenants and agreements hereof or under the aforesaid Promissory Note, fi~cn the whole' indebtedness shall, at Mortgagee's option,
become due and payable forthwith, and Mortgagee may foreclose this mt, tgage 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 lo 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 hereaftdr payable for the use and occupancy of the premises by any person in possession thereof with Mortgagor's
consent. If&fault 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, Morlgagor(s) hereby authorize Mortgagee to collect the rents
from the premises and to apply the same to the payments on the indebted,ac'ss secured hereby until such default is remedied.
In the event of foreclosure of this mortgage upon default, Mortgagee shall he 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 fi~r 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 indebwdncss and costs of foreclosure and sale, Mortgagee shall be
entitled to receive from the premises the rents, issues and profits thereof from mc 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, notice
being hereby waived and appointment of a receiver upon such application t,clng 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.
Datedthis ~J~ dayof ..~ffj~f~r~ ,2004.
RECEIVED 11/29/2004 at 4:49 PM
RECEIVING # 904860
BOOK: 573 PAGE: 592
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
MORTGAGOR S:
¢
STATE OF . . ....... G )
) SS.
COUNTY OF ~N. )
.ar-, __On this ~ J/~ , day
of , 2004,
and
before me
personally appeared
known to me to be the
NO~'ffRY P~L~C~'~ a;d for said County and State
My commission expires
person,(s) described in and who executed the foregoing instrument, anc, l ac 'knowledged that ]4 ~ executed the same as
Id ¢ £ free act and deed, including the release and waiver of the r~ ght of homestead.