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HomeMy WebLinkAbout909789,.. 00435 AfterRecordi~ RemrnTo: 1ST NATIONAL LENDING SERVICES 50 IRON POINT CIRCLE, SUITE 200, FOLSOM, CALIFORNIA 95630 Loan Number: 307601 PreparedBy: RECEIVED 7/7/2005 at 3:44 PM RECEIVING # 909789 BOOK: 590 PAGE: 435 JEANNE WAGNER LINCOLN C()UNTY CLERK, KEMi/1ERER, WY DOCID#:12-10565 JR [Space Above Tiffs Line For Recording Data] MORTGAGE (Line of Credit) MIN 1000703-0000307601-2 THISMORTGAGE, datedJUNE 27, 2005 ,isbetweenJAMES G. LIVINGSTON AND JEANELLE E. LIVINGSTON, HUSBAND AND WIFE residingat185 STAR WEST DRIVE, AFTON, WYOMING 83110 the person or persons signing as "Mortgagor(s)" below and hereinafter referred to as "we" or "us" and "Mortgage Electronic Registration Systems, Inc. ("MERS") (solely as nominee for 1 ST NAT I ONAL LENDING SERVICES, A CALIFORNIA CORPORATION (hereinafter "you" or "Lender") and Lender's successors and assigns)," with an address at P.O. Box 20261 Flint, MI 48501-2026, tel. (888) 679-MERS, referred to as the "Mortgagee." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of flmse interests, including, but not limited to, the right to foreclose and sell the Premises; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sate, the premises located at: 185 STAR WEST DRIVE Street AFTON Municipality 8 3110 (the "Premises") and further described as: ZIP LOT 6 OF STAR WEST SUBDIVISION, LINCOLN DESCRIBED ON THE OFFICIAL PLAT THEREOF. A.P.N. #: 12-3219-28-1-02-004.00 LINCOLN WYOMING County State COUNTY, WYOMING AS The Premises includes all buildings and other improvements now or in the future on the Preraises and all rights and interests which derive from our ownership, use or possession of the Premises and all appurtenances thereto. :~ HELOC - WY Mortgage with MERS FE-4331 (WY) (o5o61 P~ge I of 4 Initials Wy43311 cw W'y43312.cw LOAN: The Mortgage will secure your loan in the principal amount of $ 93, 000.00 or so much thereof as may be advanced and readvanced/'rom time to time to Jr/viES G. LIVINGSTON JEANELLE E. LIVINGSTON , and the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") date(~ JUNE 2 7, 2 0 0 5 , plus interest and costs, late charges and all othercharges related to the loan, all of which sums are repayable according to the Note. This Mortgage will also secure the performance of all of the promises and agreements made by us and each Borrower and Co-Signer in the Note, all of our promises and agreements in this Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Note, and any amounts advanced by you under the terms of the section of this Mortgage entitled "Our Authority To You." Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set forth in the Note. OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you. BORROWER'S IMPORTANT OBLIGATIONS: (a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Prenfises when they become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these taxes and charges. We will provide you with proof of payment upon request. (b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first getting your consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium or a pla~med unit development, we shall perform all of our 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 constituent documents. (c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. The policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss-payee" so that you will receive payment on all insurance claims, to the extent of your interest under this Mortgage, before we do. The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason. Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the Premises, we will innnediately notify you in writing and file a proof of loss with the insurer. You nmy file a proof of loss on our behalf if we fail or refuse to do so. You may also sign our name to any check, draft or other order for the payment of insurance proceeds in the event of loss or damage to the Premises. If you receive payment of a claim, you will have the right to choose to use the money either to repair the Premises or to reduce the amount owing on the Note. (d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or/hr conveyance in lieu of condemnation, all of which shall be paid to you, subject to the terms of any Prior Mortgage. (e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises. (f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you ]nay, if you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing on the Note, on which you will charge interest at the interest rate set forth in the Note. If, for example, we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and repair or to perform any of our other agreements with you, you may, if you choose, advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the Note. This Mortgage secures all such advances. Your payments on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior Mortgages. (g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and subordinate to a prior mortgage dated and given by us to as mortgagee, in the original amount of $ FE-4331 (WY) Iosos) Pac. 2 of 4 (the "Prior Mortgage"). -00437 increase, amend or modify the Prior Mortgage without your prior written consent and shall upon receipt of any written notice from the holder of the Prior Mortgage promptly deliver a copy of such notice to you. We shall pay and perform all of our obligations under the Prior Mortgage as and when required under the Prior Mortgage. (h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Prenfises. As used in tlfis paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Enviro~mental Law and the following substances: gasoline, kerosene, other flanmmble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the jurisdiction where the Premises are located that relate to health, safety or environmental protection. (i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the Premises, in whole or in part, or pernfit any other lien or claim against the Premises without your prior written consent. (j) INSPECTION: We will permit you to inspect the Premises at any reasonable time. NO LOSS OF RIGHTS: The Note and tlfis Mortgage may be negotiated or assigned by you without releasing us or the Premises. You may add or release any person or property obligated under the Note and this Mortgage without losing your rights in the Premises. DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if required by applicable law, if any event or condition described in Paragraph 12.A. of the Note occurs, you nmy foreclose upon this Mortgage. This means that you ~nay arrange for the Premises to be sold by advertisement and sale or by judicial foreclosure, at your option, as provided by law, in order to pay off what we owe on the Note and under this Mortgage. If the money you receive from the sale is not enough to pay off what we owe you, we will still owe you the difference which you may seek to collect from us in accordance with applicable law. In addition, you nmy, in accordance with applicable law, (i) enter on and take possession of the Premises; (ii) collect the rental payments, including over-due rental payments, directly from tezmnts after simply notifying them first class nmil to make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the interest rate set forth in the Note will continue before and after a default, entry of a judgment and foreclosure. In addition, you shall be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to foreclosure, including, but not limited to, reasonable attorneys fees and costs of documentary evidence, abstracts and title reports. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rents of the Premises. You or a receiver appointed by the courts shall be entitled to enter upon, take possession of and manage the Premises and collect the rents of the Premises including those past due after simply notifying them by first class mail to make rental payments to you. WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to enforce this Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale and homestead exemption. BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until the Note has been paid in full and your obligation to nmke further advances under the Note has been ternfinated, the provisions of this Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign it. Upon payment in full of all amounts owing to you under the Note and this Mortgage, and provided any obligation to make further advances under the Note has terminated, this Mortgage and your rights in the Premises shall end. NOTICE: Except for any notice required under applicable law to be given in another manner, (a) any notice to us provided for in fids Mortgage shall be given by delivering it or by nmiling such notice by regular first class ~nail addressed to us at the last address appearing in your records or at such other address as we may designate by notice to you as provided herein, and (b) any notice to you shall be given by certified mail, return receipt requested, to your address at 50 IRON POINT CIRCLE, SUITE 200, FOLSON, CALIFORNIA 95630 or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed to have been given to us or you when given in the nm~mer designated herein. FE-4331 (WY) (o5o51 Pag~ 3 of 4 initi ~~ RELEASE: Upon payment of all sums secured by this Mortgage and provided your obligation to make further advances uuder the Note has terminated, you shall discharge this Mortgage without charge to us, except that we shall pay any fees for recording of a satisfaction of this Mortgage. GENERAL: You can waive or delay enforcing any of your rights under this Mortgage without losing them. Any waiver by you of any provisions of this Mortgage will not be a waiver of that or any other provision on any Other occasion. THIS MORTGAGE has been signed by each of us under seal on the date first above written. WITNESS: ' . ~ Mortg~ L I V I NGS TON (SEAL) Moagagor: (SEAL) Mo~gagor: (SEAL) STATE OF WYOMING, L I NCOLN County ss: The foregoing instrument was acknowledged before me this Jane 29, 2005 by h'fs attorny tn fact Jeanelle E(.dat~ivingston by JAMES G. LIVINGSTON/ JEANELLE E. LIVINGSTON (person acknowledging) My Commission Expires: February 2, 2006 SHELLEY $A},DNI · NOTN:iY PUSUC Notary Public FE-4331 (WY) (o5os) Page 4 of 4 Wy43314.cw