David Kerrick is an attorney providing legal and consulting services in the areas of business planning, estate planning, property and civil litigation. This site is intended as a public service to his clients and the internet community.  The material here is presented for educational purposes only and should not be construed as attorney-client advice unless otherwise indicated.  Please consult directly with Mr. Kerrick or a competent attorney licensed in your jurisdiction before acting on any of the information provided on these pages.     HOME

MORTGAGE



THIS INDENTURE, Made this ____ day of ________, 20____ between ________________, of the city of _____________, County of __________________, State of _____________, the party(ies) of the first part, and ____________________ of the city of _____________, County of ___________________, State of ______________, the party(ies) of the second part;

W I T N E S S E T H

That the said party of the first part, for and in consideration of the sum of _______________________AND NO/100 DOLLARS ($__________) of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does grant, bargain, sell and convey, unto the said party of the second part, and to her heirs and assigns forever, all that certain lot, piece or parcel of land, situate, lying and being in the County of Canyon and State of Idaho, and particularly described as follows, to wit: 

SEE ATTACHED EXHIBIT A

 

together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
 
 

THIS GRANT Is intended as a mortgage to secure the payment of that certain promissory note of even date herewith, executed and delivered by the said party of the first part to the said party of the second part, the contents of which note are in the words and figures following, to wit:
 
 

SEE ATTACHED EXHIBIT B
 
 

And these presents shall be void if such payment be made. But in case default shall be made in the payments of said principal sum of money, or any part thereof, as provided in said note, or if the interest be not paid as herein specified, then it shall be optional with the said party of the second part, his/her/its executors, administrators, or assigns, to consider the whole of said principal sum expressed in said note as immediately due and payable; and immediately to enter into and upon all and singular the above described premises, and to sell and dispose of the same according to law, and out of the money arising from such sale to retain the principal which shall then be due on said Promissory Note, together with the costs and charges of foreclosure suit, including attorney's fees and also the amounts of all such payments of taxes, assessments, incumbrances, or insurance as may have been made by said party(ies) of the second part, his/her/its heirs, executors, or assigns, with the interest on the same, rendering the overplus of the purchase money (if any there shall be) unto the said party(ies) of the first part, his/her/its heirs, executors, administrators or assigns.
 
 

IN WITNESS WHEREOF, The said party(ies) of the first part has/have hereunto set his/her/ their hand(s) and seal(s) the day and year first above written.
 

______________________________
 
 

STATE OF _______) 

                                :ss

County of_________)

On this ____ day of ____________________, 20___, before me, the undersigned, a Notary Public in and for said State, personally appeared ______________________, known or identified to me to be the person(s) whose name(s) subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same.
 
 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
 

 

________________________________

Notary Public for Idaho

Residing at _______________________

My commission expires: _______________

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