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HomeMy WebLinkAbout909871THIS INSTRUMENT WAS PREPARED BY: 00710 WHEN RECORDED MAIL TO: OPTION ONE MORTGAGE CORPORATION P.O. BOX 57096 IRVINE, CA 92619-7096 ATTN: RECORDS MANAGEMENT Loan Nmnber: 321028114 Servicing Number: 001759542-2 RECEIVED 7/11/2005 at 4:18 PM RECEIVING # 909871 BOOK: 590 PAGE: 710 JEANNE WAGNER LINCOLN COUNTY CLEF K, KEMMERER, WY MORTGAGE THIS MORTGAGE is made this 07 day of July , 2005 , between the Mortgagor, ~ O~ JAY L- HOKANSON AND CARI d. HOKANSON, HUSBAND AND WiFE (herein "Borrower"), and the Mortgagee, Option One Mortgage Corporat±on, a California Corporation , a corporation organized and existing under the laws of CALIFORNIA , whose address is 3 Ada, Irvine, CA 92618 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 45,20O. 00 , which indebtedness is evidenced by Borrower's note dated duly 07, 2005 mid extensions m~d renew'ds thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on August 01, 2035 ; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the perfornmnce of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in the County of Lincoln State of Wyonfing: ' 34192530100200 SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. This Security Instrument is subordinate to a first herewith. whichhas theaddressof 399 ELLIS LANE THAYNE [Cityl, Wyoming 83127- lien recording concurrently [Street] [ZIP Code] ("Property Address") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to ~nortgage, grant and convey the Property, and that the Property is unencmnbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and denmnds, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall prompdy pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including WYOMING - SECOND MORTGAGE Initials: ~fi~ Page I of 5 WYSIM21.wp (04-18-03) Loan Number: 321028114 Servicing Number: 001759542-2 Date: 07/07/05 coMominium and plam~ed unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premimn installments for hazard insurance, plus one-twelfth of yearly premimn installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estinmtes thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower ~nakes 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 pemfits Lender to Inake such a charge. Borrower and Lender nmy agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires 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 stuns secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly instalhnents of Funds payable prior to the due dates of taxes, assessments, insurance pre~niulns 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 fail due, Borrower shall pay to Lender any amount necessary to ~nake up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 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 Mortgage. 3. Application of Payments. Unless applicable law provide otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied in the following order (i) prepayment charges due under the Note, if any (ii) amounts payable under Section 2; (iii) interest then due under the Note; (iv) principal then due under the Note; (v) any other charges then due under or relating to the Note or Security Instrument including but not limited to late charges and non sufficient funds; (vi) any payments or prenfimns due for optional products that I have authorized; and (vii) the unpaid Principal balance of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Ha~'ard Inmam:r~. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. 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 to 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 Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If Borrower abandons the Property, Lender may file, negotiate, and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender ,nay negotiate and settle the claim. The 30 day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of the unearned prenfiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not conm'fit waste or pernfit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condonfinium or a planned milt 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 constituent docmnents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agree~nents contained WYOMING- SECOND MORTGAGE initials: ~ ~///~ Page 2 of 5 WYSIM21.wp~'~(04-18-03) 0909S7J, Loan Number: 321028114 Servicing Number: 001759542-2 00712 Date: 07/07/05 in this Mortgage, or if any action or proceeding is conunenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, nmy make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of nmking the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. 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. 8. Inspection. Lender may make or cause to be nmde reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condenmatioa. The proceeds of any award or claim for damages, direct or consequential, in connection with any condenmation or other taking of the Property, or part thereof, or for conveyance in lieu of condenmation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or ~nodification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any ~nanner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to cormnence proceedings against such successor or refuse to extend ti~ne for pay~nent or otherwise modify amortization of the sums secured by this Mortgage by reason of any denmnd made by the origi~ml Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise aflbrded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bouncl; Joint and ,~evera] Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall iuure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder ~nay agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another maturer, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified nmil addressed to Borrower at the Property Address or at such other address as Borrower nmy designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified nmil 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 Mortgage shall be deemed to have been given to Borrower or Lender when given in the ~nam~er designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdictionin which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflictiug provision, and to this end the provisions of this Mortgage and the Note 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. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assigmnent of any fights, claims or defenses which Borrower nmy have against parties who supply labor, ~naterials or services in connection with improvements nkade to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender nmy, at its option, require inm]ediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If'Borrower fails to pay these sums prior to the expiration of this period, Lender nmy invoke any remedies penn/tted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any WYOMING - SECOND MORTGA©E initials: (74_18_0~fi~ Page 3 of 5 WYSIM21.wp Loan Number: 321028114 Servicing Nmnber: 001"]59542-2 Date: 07/07/05 sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage. The notice ~hall further inform Borrower of the right to reinstate after acceleration and the right to bring court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable hw. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' 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 sale and the Property shall be sold in the manner prescribe by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale ~hall 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; (b) to all sums secured by this Mortgage; and (c) the excess if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender,s acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to die power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums wlfich would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as to Lender nmy reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue mfimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall renmin in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abando~m~ent of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time prior to die expiration of any period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and nmnage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of nm~mgement of the Property and collection of rents, including, but not linfited to, receiver's fees, prelniums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. 22. Lost, Stolen, Destroyed or Mutilated Security Instalment and Other Documents. In the event of the loss, theft or destruction of the Note, any other notes secured by this Security Instrument, the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, file "Loan Docmnents"), upon Borrower's receipt of an indenmification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Documents, and may be treated tbr all purposes as file original copy of such Loan Document. 23. Riders to this Security Instrmnent. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agree~nents of this Security Instrument as if the rider(s) were a part of this Security Instrument. ]Check applicable box(es)] [] Adjustable Rate Rider [] No Prepayment Penalty Option R/der [] Other(s) (specify) [] Condonfinium Rider [] Planned Unit Development R/der [] 1-4 Family R/der [] Occupancy Rider WYOMING- SECOND MORTGAGE Page 4 of 5 Initials2~ WYSIM21.wp (04-18:03) 090 Loan Number: 321028114 Servicing Number: 001759542-2 0 714 Date: 07/07/05 REQUEST 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 encuinbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. ,SK SON CARI J. ~ANSON (Seal) (Seal) -Borrower -Borrower (Seal) .(Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Sign O,~ginal Only) STATE OF WYOMING, County ss: My Commission Expires: The foregoing instrument was acknowledged before me this "7~ ,[Space below This Line Reserved For Lender and Recorder] Notary Public WYOMING - SECOND MORTGAGE Page 5 of 5 WYSIM21 .wp (04-18-03) 00715 LEGAL DESCRIPTION A portion of Lot 2 of the First Filing of the River View Ranchettes Subdivision, Lincoln County, Wyoming, it being the intent to more correctly described the land contained in Corrected Quitclaim Deed recorded April 30, 1997 in Book 396PR on page 645 of records of Lincoln County Clerk and being more particularly described as follows: BEGINNING at a point in the east line of said Lot 2 and the NE~,4SW~,4 of Section 25, T34N Rll9W, Lincoln County, Wyoming, said point being 20.00 feet S 0046'42'. E from a brass cap monument found marking the Northeast corner of said Lot 2 and said NE ~,4 SW thence running S 0o46'42'' E along the East line of said Lot 2 and said NE~,4SW~,4, 121.58 feet to the northerly line of Ellis Lane, 60 feet wide; thence S 79o44'30'. W, along last said northerly line, 54.73; thence S 66°03'12'' W, along last said northerly line, 204.10 feet; thence North, 235.43 feet, more or less, to the north line of said Lot 2; thence S 89041'36'' E, along last said north line, 208.47 feet to a point lying N 89o41'36.' W from said Northeast corner of Lot 2; thence S 56o20'20" E, 36.37 feet to the POINT OF BEGINNING.