HomeMy WebLinkAbout909213When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
1228 EUCLID A VENUE, SUITE 400
CLEVELAND, OHIO 44115
A TTN: FTII20
RECEIVED 6/14/2005 at 2:43 PM ' RECEIVING # 909213
BOOK: 588 PAGE: 111
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MORTGAGE ;~ 7 ~ ;~/~, 7
THIS MORTGAGE CONTAINS A DUE-ON-SALE PROVISION AND SECURES INDEBTEDNESS UNDER A CREDI~
AGREEMENT WHICH PROVIDES FOR A REVOLVING LINE OF CREDIT AND MAY CONTAIN A VARIABLE RATE
OF INTEREST.
THIS MORTGAGE ("Security Instrument") is made on 05/10/2005 The Mortgagor is
ANTHONY E LY~ER AND APRIL ANN LYI~ER, HUSBAND AND WIFE
["Borrower"). The Mortgagee is CommunityAmerica Credit Union
~xisting under the laws of Missouri
9777 Ridge Drive Lenexa, KS 66219
a corporation organized and
whose address is
("Lender").
WHEREAS, Borrower is indebted to Lender as described in this paragraph;
TO SECURE to Lender:
(1) The repayment of all indebtedness due and to become due under the terms and conditions of the LOANLINER Home
Equity Plan Credit Agreement and Truth-in-Lending Disclosures made by Borrower and dated the same day as this
Security Instrument, and all modifications, amendments, extensions and renewals thereof (herein "Credit Agreement").
Lender has agreed to make advances to Borrower under the terms of the Credit Agreement, which advances will be or
a revolving nature and may be made, repaid, and remade from time to time. Borrower and Lender contemp ate a series
of advances to be secured b,y this Security Instrument. The total outstanding principal balance owing at any one time
under the Credit Agreement (not including finance charges thereon at a rate which may vary from time to time, and any
other charges and collection costs which may be owing from time to time under the Credit Agreement) shall not exceed
TEN THOUSAND AND 00/100 DOLLARS
($.10000.00 ). That sum is referred to herein as the Maximum Principal Balance and referred to in the Credit
Agreement as the Credit Limit. On the Final Payment Date 25 years from the date of this Security Instrument, the
entire indebtedness under the Credit Agreement, if not paid earlier, is due and payable.
(2) The payment of all other sums advanced in accordance herewith to protect the security of this Security Instrument
with finance charges thereon at a rate which may vary as described in the Credit Agreement.
(3) The performance of Borrower's covenants and agreements under this Security Instrument and under the Credil
Agreement.
BORROWER does hereby mortgage, grant and convey to Lender the following described property located in the County ol
Lincoln State of Wyoming:
SEE EXHIBIT "A" ATTACHED
which has the address of 610 OPAL ST
Kemmerer
(city)
~ CUNA MUTUAL INSURANCE 5OCIETY, 1991. ALL RIGHTS RESERVED
(Street)
Wyoming
83101
(Zip Code)
(herein "Property Address");
EWY984 (LASER) 6849LL
00 ..1 2
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and fixtures, all of which shall be deemed to be and remain a part of the property covered by this
Security Instrument; and all of the foregoing, together with said property (or the leasehold estate if this Security
Instrument is on a leasehold) are hereinafter referred to as the "Property."
Complete if applicable:
This Property is part of a condominium project known as
This Property includes Borrower's Unit and all Borrower's rights in the common elements of the
condominium project.
This Property is in a Planned Unit Development known as
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands
subject to encumbrances of record.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Finance Charges and Other Charges. Borrower shall promptly pay when due al
amounts borrowed under the Credit Agreement, all finance charges and applicable other charges and collection
costs as provided in the Credit Agreement.
2. Funds for Taxes and Insurance. Subject to applicable law, Lender, at Lender's option, may require
Borrower to pay to Lender on the day monthly payments of principal and finance charges are payable under the
Credit Agreement, until all sums secured by this Security Instrument are paid in full, a sum (herein "Funds") equal
to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development
assessments, if any) which may attain priority over this Security Instrument, and ground rents on the Property, if
any, plus one-twelfth of yearly premium installments for hazard insurance and flood insurance, if applicable, all as
reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and
reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the
extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an
institutional Lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which
are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender
shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not
charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments
and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a
charge. Borrower and Lender may agree in writing at the time otexecution of this Secur ty Instrument that
interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requiresI
such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to
the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional
security for the sums secured by this Security Instrument.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable
prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount
required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall
be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of
Funds: If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance
premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the
deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender. If under paragraph 22 hereof the Property is sold or the Property is
otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its
acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured
by this Security Instrument. '
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender
under the Credit Agreement and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of
amounts payable to Lender by Borrower under paragraph 2 hereof, second, (in the order Lender chooses) to an)
~nance charges, other charges and collection costs owing, and third, to the principal balance under the Credi
Agreement.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligation.,
under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security
Instrument, including Borrower's covenants to make payments when due. Except to the extent that any such
charges or impositions are to be paid to Lender under paragraph 2, Borrower shall pay or cause to be paid all
EWY984 (LASER) 6849LL
taxes, assessments and other charges, fines and impositions attributable to the Property which may attain
priority over this Security Instrument, and leasehold payments or ground rents, if any. Within five days after an'
demand by Lender, Borrower shall exhibit to Lender receipts showing that all amounts due under this paragraph
have been paid when due.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards ~ncluded within the term "extended coverage," floods and such
other hazards as Lender may require and in such amounts and for such periods as Lender may require. Unless
Lender in writing requires otherwise, the policy shall provide insurance on a replacement cost basis in an amount
not less than that necessary to comply w~th any coinsurance percentage stipulated in the hazard insurance policy
and the amount of coverage shall be no less than the Maximum Principa Balance plus the full amount of any lien
which has priority over this Security Instrument.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;
provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall
be in a form acceptable t° Lender and shall include a standard mortgage clause in favor of and in a form
acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms
of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security
Instrument.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
roof of loss if not made promptly by Borrower. All insurance proceeds are hereby assigned to Lender and shall
e paid to Lender to the extent of all sums secured by this Security Instrument, subject to the terms of any
mortgage, deed of trust or security agreement with a lien which has priority over this Security Instrument Unless
Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restore or repair the
Property, if it is economically feasible to do so.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the
date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance
benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoratior
or repair of the Property or to the sums securedby this Security Instrument.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments
Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration
of the Property and shall comply with the provisions of any lease if this Security Instrument is on a leasehold. If
this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all
of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned
unit development, the by-laws and regulations of the condominium or planned unit development, and the
constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument, or if any action or proceeding is commenced which materially affects Lender's interest
in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse
such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's
interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with finance charges thereon, at the
rate provided in the Credit Agreement, shall become additional indebtedness of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon
notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require
Lender to incur any expense or take any action hereunder. Any action taken by Lender under this paragraph shall
!not cure any breach Borrower may have committed of any covenant or agreement under this Security Instrument.
Borrower agrees that Lender is subrogated to all of the rights and remedies of any prior lienor, to the extent of
:any payment by Lender to such lienor.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specify ng reasonable
cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Lender, to the extent of any indebtedness under the
Credit Agreement, subject to the terms of any mortgage, deed of trust or other security agreement with a lien
which has priority over this Security Instrument.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor
in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor
or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower and Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall
not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
EWY984 {LASER) 6849LL
.00!!4
Lender and Borrower, subject to the provisions of paragraph 21 hereof. All covenants and agreements of
Borrower shall be joint and several. Any Borrower who co-signs this Security Instrument, but does not execute
the Credit Agreement, (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property to Lender under the terms of this Security Instrument, (b) is not personally
liable under the Credit Agreement or under this Security Instrument, and (c) agrees that Lender and any other
Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations or amendments
with regard to the terms of this Security Instrument or the Credit Agreement, without that Borrower's consent
and without releasing that Borrower or modifying this Security Instrument as to that Borrower's interest in the
Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice
to Borrower provided for in this Security Instrument shall be given by delivering t or by mailing such notice by
certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate
by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's
address stated herein or to such other address as Lender may designate by notice to Borrower as provided
herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or
Lender when given in the manner designated herein.
13. Govemin§ Law; 8everability. The state and local laws applicable to this Security Instrument shall be the
laws of the jurisdiction in which the Property is located. The foregoing] sentence shall not limit the applicability ot
Federal law to this Security Instrument. In the event that any provision or clause of this Security nstrument or
the Credit Agreement conflicts with applicab e law, such conflict shall not affect other provisions of this Security
Instrument or the Credit Agreement which can be given effect without the conflicting provision, and to this end
the provisions of this Security Instrument and the Credit Agreement are declared to be severable. As used herein,
"costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
limited herein.
14. Prior Mort§a0e or Deed of Trust; Modification; Future Advance. Borrower shall not enter into anyl
agreement with the holder of any mortgage, deed of trust or other secur ty agreement which has priority over[
this Security Instrument by which that security agreement is modified, amended, extended, or renewed, without[
the prior written consent of the Lender. Borrower shall neither request nor accept any future advance under al
)rior mortgage, deed of trust, or other security agreement without the prior written consent of Lender. [
15. BorroweCs Copy. Borrower shall be furnished a copy of the Credit Agreement and of this Security[
nstrument at the time of execution or after recordation hereof.
16. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Borrower may enter into with Lender. Lender,
at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an
assignment of any rights, claims or defenses which Borrower may have against parties who supply labor,
materials or services in connection with improvements made to the Property.
17. Waiver of Homestead Exemption. To the extent permitted by law, Borrower hereby waives the benefit of
the homestead exemption as to all sums secured by this Security Instrument.
18. Waiver of Statutes of Limitation. To the extent permitted by law, Borrower hereby waives statutes of
limitation as a defense to any demand or obli~lation secured by this Security Instrument.
19. Merger. There shall be no merger otthe interest or estate created by this Security Instrument with any
other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without
the written consent of Lender.
20. Notice of Transfer of the Proper~y; Advances after Transfer. Borrower shall give notice to Lender, as
provided in paragraph 12 hereof, prior to any sale or transfer of all or part of the Property or any rights in the
Property. Any person to whom all or part of the Property or any right in the Property is sold or transferred also
shall be obligated to give notice to Lender, as ~provided in p. aragraph 12 hereof, promptly after such transfer.
Even if Borrower transfers the Property, uorrower will continue to be obligated under the Credit Agreement
and this Security Instrument unless Lender releases Borrower in writing. As a condition to Lender's consent to
any proposed transfer or as a condition to the release of Borrower, Lender may require that the person to whom
the Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an
assumption fee. The assumption agreement will not entitle the person signing it to receive advances under the
Credit Agreement.
21. Transfer of the Property. Subject to applicable law, Lender shall have the right to accelerate, that is, to
demand immediate pa~yment in full of all sums secured by this Mortgage or Deed of Trust, if Borrower, without
the written consent of Lender, sells or transfers all or part of the Property or any rights in the Property.
If Lender exercises the option to accelerate, Lender shall give Borrower notice of acceleration in accordance
with paragraph 12 hereof. The notice shall provide a period of not less than 30 days from the date of the notice
within which Borrower may pay the sums declared due. If Borrower fails to pay those sums prior to the
expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies
)ermitted by paragraph 22 hereof.
22. Default, Termination and Acceleration; Remedies. Each of the following events shall constitute an event
)f default ("event of default") under this Security Instrument: (1) Borrower commits fraud or makes a matedaJ
misrepresentation in connection with this Secudty Instrument or the Credit Agreement; (2) Borrower does no'
EWY984 (LASER) fi849LL
meet the repayment terms of the Credit Agreement; or (3) Borrower's action or inaction adversely affects the
Lender's rights in the FYoperty secured by this Security Instrument. If an event of default occurs, then prior to
exemising any right or remedy provided for in this Security Instrument and prior to acceleration, Lender shall give
notice as provided in paragraph 12 hereof and as required by applicable law. The notice shall specify: (a) the
event of default; (b) the action required to cure such event of default; (c) a date, not less than 10 days (or any
longer period required by applicable law) from the date the notice is given to Borrower by which the event of
default must be cured; (4) that failure to cure the event of default on or before the date specified in the notice
may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (5) any
other information required by applicable law. The notice shall further inform Borrower of the right to reinstate
after acceleration, if applicable, and the right to bring a court action to assert the nonexistence of an event of
default or any other defense of Borrower to acceleration and sale. if the event of default is not cured on or before
the date specified in the notice, Lender, at lender's option, without further notice or demand, may declare
default, may declare ail sums secured by this Security Instrument to be immediately due and payable, and may
invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect
all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 22, including, but
not limited to, reasonable attomays' fees.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the
person in possession of the Property, if different, in accordance with applicable law. Lender shall mail a copy of a
notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of
sate and the Property shall be sold in the manner prescribed by applicable law. Lender or LandeCs designee may
purchase the Property at any sale. The Proceeds of the sale shall be applied in the following order:. (a) to all
reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and costs of
title evidence; (13) to ail sums secured by this Security Instrument; and (c) the excess, if any, to the person or
persons legally entitled thereto.
23. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to
have enforcement of this Security Instrument discontinued at any time prior to the ear er of () 5 days (or such
other period as applicable law may specify for re nstatement) before sale of the Property pursuant to any power
of sale contained in this Security Instrument or (ii) entry of a judgment enforcing this Security Instrument Those
conditions are that Borrower: (a) pays Lender all sums which would then be due under this Security Instrument
and the Credit Agreement had no acceleration occurred; (b) cures all other defaults under this Security Instrumen~
and the Credit Agreement; (c) pays all reasonable expenses incurred in enforcing this Security Instrument
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonab
require to assure that the lien of this Security Instrument, Lender's r ghts in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 21.
24. Release. This Security Instrument secures a revolving line of credit and advances may be made, repaid,
and remade from time to time, under the terms of the Credit Agreement. When according to the terms of the
Credit Agreement, no more advances will be made and Borrower has paid all sums secured by this Security
Instrument (or earlier if required by applicable law), Lender shall discharge this Security Instrument. To the extent
permitted by law, Lender may charge Borrower a fee for such discharge and require Borrower to pay costs of
recordation, if any.
EWY984 (LASER) 6849LL
001!_6
REQUFRT FOR NOTICE OF DEFAULT AND FORECLOSURE
UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien
which has priority over this Security Instrument to give Notice to Lender, at Lender's address set forth on page
one of this Security Instrument, of any default under the superior encumbrance and of any sale or other
foreclosure action.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument.~ in a,~y rider(s) execut~-l~ Borrower and recorded with it.
X
~ f/ (Seal) (Seal)
J
ANTHONY E LYMER
Borrower
X
(Seal)
APRIL ANN LYI~ER
Borrower
X
(Seal)
Borrower
Borrower
The foregoing instrument was acknowledged before me this
by ANTHONy E LYMER
County ss:
/o/
(date)
APRIL ANN LYMER
(person acknowledcj ng)
(person acknowledging)
WITNESS my hand and official seal.
My Commission expires: o~/c~ ~/0
EWY984 {LASER) 6849LL
0909Z%3
EXHIBIT A
A PARCEL OF LAND LOCATED IN THE COUNTY OF LINCOLN, STATE OF
WYOMING, AND KNOWN AS:
BEING LOT NUMBER 3 BLOCK 55 IN 2ND ADDITION TO THE TOWN OF
KEMMERER OF LINCOLN COUNTY RECORDS.
Permanent Parcel Number: 21162311519900
ANTHONY E. LYMER AND APRIL ANN LYMER,
HUSBAND AND WIFE
610 OPAL STREET, KEMMERER WY 83101
Loan Reference Number : 86475584129
First American Order No: 7323127
Identifier: ELS