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HomeMy WebLinkAbout875759Recording requested by: WELLS FARGO BANK, N.A. LI ,,~,,,.,,!.,i",l OL/I'.!'t':'f OLERK When recorded return lc: Wells Fargo Bank, N.A, 8 7 5 7 5 9 P, O, BOX 3155~ BILLINGS, MT 5910~ DOCUMENT MANAGEMENT BpOK~PRPAGE 317 'State of ~ryondng . . h Space Above Tiffs Lh~e For Recordil}g Data- REPE~NCE ¢: 20(3 ~ 2G0260019 q ACCOST ¢: 0654-654-1028480-000 ~ORTGAGE ' ,' (With Furore Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage ("Securiff Instrument") is 08 / 10 / 200 and the parties, their addresses and tax idep:~ificat~on numbers, if required, are as follows: MORTGAGOR:TODD WI LLIAMS C/AN~<L ANa PATNICIA LYNN CLANK, TENANTS BY ENT I RET i ES [] If checked, refer to the attached Addendlu,m incorporated herein, for additional Mortgagors their signatures and acknowledgments. LENDER: WELLS FARGO BANK, N.A. P. O. BOX 31557 BILLINGS, MT 5910-7 2. CONVEYANCE. For good and valuable ;consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performauce under this Security Instrmuent, Mortgagor grams, bargains, conveys, mortgages and warrants to Lender~ with power of sale, the following described property: LOT t6 OF THE COTTONWOOD SUBDIVSION, AMENDED, LINCOLN COUNTY, WYOMING, SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL., GAS OR MINERAL RIGHTS OF RECORD, IF ANY. The property is located in L I NC 0 L N at: " 226 COTTONWOOD SUBDIVISION (C/~'ii:!i!t{)ON, WY 83110 and parcel nmnber of 31183110303200.. together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparJian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replace~nents that may now or at an), time in the fi~ture be part of the real estate described above (all referred to, as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 30,000.00 . This li~nitation of amonnt does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and :o perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as.follows: A. Debt incurred under the terms of ti~e promissory note, revolving line of credit, contract, guaranty or other evidence of debt dated 08 / 10 / 2001 together with ail amendments, extensions, modifications and renewals, and having a maturity date of 09 / G 5 / 201 e B. All future advances from Lender to Mortgagor under such evidence of debt. All future advances are secured as if made on the date of this Security Instrmnent. Nothing in this Security Agreement shall constitute a commitment to make additional or future loans or advances which exceed the amount shown in Section 3. Any such coxnmitment must be agreed to in a separate writing. EQ150A (3/2001) C. All sums advanced and expenses' il'.tcurred by Lender for insuring, preserving, or otherwise prat g the Property and its value and any other sums: advanced and expenses incurred by Lender under the terms of this Security Instrmnent. 5. PAYMENTS. Mortgagor agrees that all ph.yments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security iInstrument. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any ::notices that Mortgagor receives from the holder. 'C. Not to allow any modification or e!~tension of, nor to request any future advances under any note or agreement secured by the lien document without Lender~ s prior written consent. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such atnounts are due and the receipts evidencing Mortgagor's paymdnt. Mortgagor will defend title to the Property against any claims that would impair the lien~of the Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who Supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. U!i~on sale, transfer, hypothecation, assignment or encumbrance, whether voluntary, involuntary, or by operation of law, of all or a'tay part of the Property or any interest therein, then at its sole option, Lender ma),, by written notice to Mortgagor, declare all o?:iligations secured hereby immediately due and payable, except to the extent that such acceleration for and in such particular cii?cumstances where exercise of such a right by Lender is prohibited by law. 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good cond-ition and make all repairs that are reasonably necessary:. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Prfperty free of noxious weeds and grasses· Mortgagor agrees that the nature of the occupancy and use will not substantially ch3nge without Lender's prior written consent. Mortga. gor will not permit any change in any license, restrictive covenant or 'eas~m6nt without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, cla!ms, and actions ;~:ghinst Mortgagor, and of any loss or damage to the ProPerty. Lender or Lender's agents may, at Lender's option, ent~X' the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the ~:i:ift~te of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be enti:·i:ely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, Perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amo,unt necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and LendeFs:failure to perform will nOt preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and Correct copies of all existing and future Leases. Mortgagor 'may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. · Mortgagor agrees that this assignment is im~n,~diately effective between the parties to this Security Instrument. Mortgagor agrees that this assignment is effective as to third parties when Lender takes affirmative action prescribed by law, and that this assignment will remain in effect during any r¢.demption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity of commencing legal action and that actual possession is deemed to~ occur when. Lender, or its agent, notifies Mortgagor of default and demands that any tenant pay all future Rents directly to Lender, On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any ?~ents in trust for Lender and will not commingle the Rents with 'any other funds. Any a~nounts collected will be applied as prox ired in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant l:~w. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 12. LEASEHOLDS; CONDOMINIUMS; li'LANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security InstEan':,ent is on a leasehold. If the property is a unit in a Condominium Prqject or is part of a Planned Unit Development ("PUD"), N!iortgagor agrees to the following: A. Obligations. Mortgagor shall it~erform all of Mortgagor's obligations under the Constituent Documents. The "Constituent Documents" are the: (i) Declar~tion or any other document which creates the Condominimn Projects or PUD and any homeowners association or equivalent entity ("Owners Association"); (ii) by-laws; (iii) code of regulations; and (iv) other EQ150B (3/2001) equivalent documents. Mortgagor shall pre, raptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as ~'t;:;te Owners Association maintains, with a generally accepted insurance carrier, a "~naster" or "blanket" policy' on the Condom:ihium Project or PUD which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, a~d against the hazards Lender requires, including fire and hazards included within the term "extended coverage," then Mortg~agor s obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent tl[?tt the required coverage is provided by the Owner's Association policy. Mortgagor shall give Lender prompt notice of any lal/s:e in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to common elements, any proceeds payable to Mortgagor are hereby' assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to .Mortgagor. C. Flood Insm-ance. Mortgagor agfiii~s to maintain flood insurance for the life of the Secured Debt which is acceptable, as lo form, amount and extent of coverage to',Lender. D. Public Liability Insurance. M0[~tgagor shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability immrance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of.any award or claim for damages, direct or consequential, payable to Mortgagor in connection with any condemnation or other' taking of all or any part of the Property, whether of the unit or of the comxnon elements, or for any conveyance in lieu of c~'ndemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by'the Security Instrument as provided in Section 18. F. Lender's Prior Consent. Mortgagor shall not, except 'after notice to Lender and with Lender's prior written consent, either partition or subdMde the Property or consent to: (i) the abandonment or termination of the Condominium Project or PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self- management by the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. G. Remedies. If Mortgagor does not Pay c0ndmninium or PUD dues and assessments when due, then Lender may pay . them. Any amounts disbursed by Lender uti'der this section shall beco~ne additional debt of Mortgagor secured by this Security Instrument. Unless Mortgagor and Lender 'agree to other terms of payment, these amounts shall bear interest frmn the date of disbursement at the Secured Debt rate and si!tall be payable, with interest, upon notice from Lender to Mortgagor requesting payment. 13. DEFAULT. Mortgagor will .be in defaui[t if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach oct'ars under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarmi,tying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or cntit~i,~ obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute:, an event of default. 14. REMEDIES ON DEFAULT. In some ins~:iances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may ,::stablish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of t:xe agreed fees and charges, accrued interest and principal shall' become immediately due and payable, after giving notice if reqifircd by law, upon the occurrence of a default or anytime there, filer. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitt~tion, the power to sell the Property. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to vll remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or pmtial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shal:l not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches an), covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the pay~nent until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lenders' rights and remedies under this Security Instrument. This amount may include, but is not limited to,, attorneys' fees, court costs, and other legal expenses. This amount does not include attorneys' fees for a salaried employee of the Lenderl This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. EQ150C (3/2001) 16. ENVIRONMENTAL LAWS AND HAZ,~tRDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Envi. romnental. Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local }aws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, .welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous matei'i~.l, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerouS' to the public health, s',ffety, welfare or environment. The term includes, without' limitation, any substances defined as "hazar'dous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law.. Mortgagor represents, warrants and agrees theft: A. Except as previously disclosed and a~:knowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Prop!~rty ~ This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be a~'propriate for the normal use and maintenance of the Property. B. Except as previously disclosed and a~knowledg'ed in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with ianY applicable Enviromnental Law. C. Mortgagor shall immediately notify' L'ender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a ~iolation of any Environmental Law concerning the Property., In such an event, Mortgagor shall take all necessary'~ie~edial action in accordance with any Environmental Law. D. Mortgagor shall immediately noti~z ~ender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, i0r proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Em4ronmental Law. 17. CONDEMNATION.' Mortgagor will giv,e:.Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of thi~.I property through condemnation, eminent domain, or any other means, Mortgagor authorizes Lender to intervene in Mortga~,~or' name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be consid~,rfid payments and will be applied as provided in 'this Securily Instrmnent. This assignment of proceeds is subject to the terrasI of any prior mortgage, deed of trust, security agreement or other lien document. 18. INSURANCE. Mortgagor shall keep ProPerty insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods. that Lender requires. The insurance carrier~ providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld, l.f Mortgagor fails to maintain the coverage described above, Lender xnay, at Lender' s option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be..acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." .Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold. the polici"es and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal mitices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender~ Lender ma), make proof of loss i? not made immediately by Mortgagor. Unless otherwise agreed in writing, all insuri~nce proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option· Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor c;%ange 'the amount of any payment. Any excess will be paid to Mortgagor. If the Property is acquired by Lender, Mortgagor's !Sght to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURAN zE. Unless otherwise provided in a separate agreement, Mortgagor will not be · required to pay to Lender funds for taxes and iinsurance in escrow, 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file an), additional documents or certifications that 'Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligationg under this Security Instrument and Lender's lien status on the Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual.. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortg~tgor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive an), :ights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation~ These rights ma3' include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and an)' party to this Security Instrument may extend, modify or make an), change in the terms of this Security-Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor an:l Lender. 22. APPLICABLE LAW; SEVERABILITY:; INTERPRETATION. This Security Instrument is governed by the laws of the EQ150D (3/2001) 321 jurisdiction in which the Properb' is located', .3xcept to the extent other~vise required by the laws of the jurisdiction where the Property is located. This Security Instrument: is complete and ~lly integrated. This Security Instrument may not be amended of modified by oral agreement, Any section in~ tiffs SecuriW Instrument, attachments, or any agremnent related to the Secured Debt that co~icts with hpplicabi;e law will not ~e effective, mfless that law expressly or impliedly permits the variations by written agreement. If any section of this SecunB, In:~tmment cannot be e~orced according to its terms, that section will be severed and will not ~ect the e]fforceabiliW of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the sin~dar. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or 5~efine the terms of this SecuriW Instrument. Time is of the essence in this Security Instrument. In the event any section of this SecuriW Instrument directly conflicts with any section of a ce~ain Home Equity Closing Handbook which contains the Account Agreement Terms and Conditions (as applicable), Fixed Rate Note Terms and Conditions (as applicable), the Arbitration ;Agreement, and the Agreement to Provide Floo~ProperW Insurance, all of which I agree to by signing this SecuriW Instrument., the terms of the Home Equity Closing Handbook shall control. 23. NOTICE. Unless othe~ise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate parW's address on page 1 of this SecuriW instrument, or as shown in Lender's records, or to any oth'er address . designated in writing. 24, WA~ERS. Except to the extent prohibited by law, Mo~gagor waives any right regarding the marshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of ~e homestead exemption laws of this state. 25. OTHER TE~S. If checked, the following are applicable to this Securi~ Instrument: Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Sec~triW Instrument will remain in effedt until released. Construction Loan. This Security instrument secures an obligation incurred for the construction of an improvement on the ProperS. ~ ~ixture Filing. Mo~gagor grants to Lender a securiW interest in all goods that Mo~gagor owns now or in the fi~ture and that are or will become fixture); relates to the Property. This Security Instrument s~ces as a financing statement and any carbon, photographic or Other reproduction may be filed of record for pu~3oses of Article 9 of the Uniform Commercial Code. :,~' ~ Additional Terms. SIGNATU~S: By signing below, Mo~gagor~agrees to the terms and covenants contained in this Securi~ Instrument and in any attachments. Mo~gagor also acknowledges ~'i'eceipt of a copy of this Security Ins~ment on the date stated on page 1. I ~ Wi LLIAMS CLARK Mortgagor Date ~AT: lC I-A LYNN CLARK ' ~ ...... Mortgagor - - Da~e Mortgagor Date " Mortgagor Date Mortgagor Date Mortgagor Date EQ150E (3/2001) '~ ~' ~ ' '~'-' ~', 322 ACKNOWLEDGMENT: (Individual) STATE OF ~'~0 ~ COUNTY OF The foregoing instrument was acknowledged before me by this ./~ dayof ~_w~ . ' , ~ / " Witness my hand and official seal. (si~e of orate,-) ~ (Title of O~cer) My Commission Expires: A CIGNOWLED GMENT: (Individual) STATE OF ~-'~ COUNTY'OF L.';-'?A..tL~ The foregoing instrument was acknowledged be£c,',re me by this /~ day of ~. ~ ~ , ~ ~ ~ / O ~tness my ha7d and~ci~l seal. My Commission Expires: ~ "- ~ ~ - ~ -~-' (seal) EQ150F (3/2001 i?~'T7'~':~ "7'::': AUG 09 2801 1~:5~ PM FR ",i TO ~1307886~488 P.(~3 AFFIDAVIT OF ONE AND THE SAME I, P__ATTI L. CLARK__', h~reby certify under penalty of pen-jury that, PATTI L. CLARK AND PATRICIA_ LX~2,rlq CLARK, are one and the. same person. ?^Tn L. CL~ '" -- ) ' ~PATRI&IA LYNN CL~__RI~ -. (] - Sworn and Subscribed before me this i'[~___~---- day of AUGUST, 200_.~1. TOTAl._ PAGE.OS ** RUG 09 200! !'~:52 PM FR . TO 9!307886~488 P.02 AFFIDAVI[T OF ONE AND THE SAME I, TODD W., CLARK., hereby certify under penalty of perjury that, TODD W. CLARK AND TODD WILLIAMS CLARK , are one and the~Same person. Sworn and Subscribed before me this .10TH day of AUGUST, 2001. My Commission Expires: 3 -' ~ ~: - O ~