HomeMy WebLinkAbout912636
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000674
Recording requested by:
Wells Fargo Bank, N.A.
When recorded return.to: ~
Wells Fargo Bank, N.R.
P. O. BOX 31557
BILLINGS, MT 59107
DOCUMENT MANAGEMENT
RECEIVED 10/11/2005 at 11 :52 AM
RECEIVING # 912636
BOOK: 600 PAGE: 674
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State ofWyomin¡
REFERENCE #: 20052317200926
Space Above TIús Line For Recording Data
ACCOUNT #: 0654-654-1721638-1 998
MORTGAGE
(With Future Advance Clause)
1. DATE AND PARTIES. The date of this Mortgage ("Security Instrument") is 09/20/2005
and the parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR:
TRAVIS PERRY AND WENDY PERRY, HUSBAND AND WIFE, AS TENANTS BY THE
ENTIRETIES
Z
I 1
z1
D If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors their signatures and
acknowledgments.
LENDER:Wells Fargo Bank, N.A.
P. O. BOX 31557
BILLINGS, MT 59107
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 perfonnance under this Security Instrument, Mortgagor grants, bargains,
conveys, mortgages and warrants to Lender, with power of sale, the following described property:
PART OF SE 1/4 SW 1/4 OF SECTION 28, T32N R119W OF THE 6TH P.M., LINCOLN
COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING ON SECTION LINE AT A POINT
202.01 FEET WEST FROM THE SOUTH QUARTER CORNER OF SAID SECTION 2B AND
RUNNING THENCE WEST, ALONG SECTION LINE 1012.63 FEET; THENCE NORTH 508.93
FEET; THENCE S 51 DEGREES 31 MINUTES 12 SECONDS E, 173.34 FEET; THENCE S 74
DEGREES 01 MINUTE 16 SECONDS E, 80.61 FEET; THENCE S 57 DEGREES 08 MINUTES
35 SECONDS E, 161.66 FEET; THENCE S 71 DEGREES 33 MINUTES 50 SECONDS E,
76.00 FEET; THENCE S 66 DEGREES 03 MINUTES 52 SECONDS E, 117.78 FEET;
THENCE S 58 DEGREES 37 MINUTES 23 SECONDS E, 91.57 FEET; THENCE S 81
DEGREES 27 MINUTES 11 SECONDS E, 208.28 FEET; THENCE S 65 DEGREES 49
MINUTES 07 SECONDS E, 194.89 FEET; THENCE S 19 DEGREES 49 MINUTES 50
SECONDS E, 64.73 FEET TO THE POINT OF BEGINNING.
The property is located in L I N C 0 L N at:
408 WEST HILLS DRIVE AFTON~coW{r) 83110
and parcel number of 3219 283 003 8200 together with all rights, easements,
appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all
existing and future improvements, structures, fixtures, and replacements that may now or at any time in the future 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 anyone time shall not
exceed $ 75,000.00 . This limitation of amount 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 tenns of this Security
Instrument to protect Lender's security and to perfonn any of the covenants contained in this Security Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The tenn "Secured Debt" is defined as follows:
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A. Debt incurred under the terms of the prOIlllSSOry note, revolvmg lme of credIt, contract, guaranty or other eVIdence of
debt dated 09/20/2005 together with all amendments, extensions, modifications and renewals, and having a
maturity date of 09/20/2045
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 Instrument. Nothing in this Security Agreement shall constitute a commitment to make
addition81 or futJ}re loans or advances which exceed the amount shown in Section 3. Any such commitment must be
agreed to in a separate writing.
C. All sums advanced and expenses incurred by Lender for insuring, preserving, or otherwise protecting the Property
and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security Instrument.
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 extension 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 amounts are due and the receipts evidencing Mortgagor's payment. 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. Upon sale, transfer, hypothecation, assignment or encumbrance, whether voluntary,
involuntary, or by operation of law, of all or any part of the Property or any interest therein, then at its sole option, Lender may,
by written notice to Mortgagor, declare all obligations secured hereby immediately due and payable, except to the extent that
such acceleration for and in such particular circumstances 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 condition 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 Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the
occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change
in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all
demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. Lender or
Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property.
Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection.
Any inspection of the Property shall be entirely 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 amount necessary for performance. Lender's right to perform for Mortgagor shall not
create an obligation to perform, and Lender's 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 immediately 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 redemption 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 Rents in trust for Lender and will not commingle the Rents with any other funds.
Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under
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the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the
terms of the Leases and applicable law.
12. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the property is a unit in a Condominium Project or is part
of a Planned Unit Development ("PUD"), Mortgagor agrees to the following:
A. Obligations.. Mortgagor shall perform all of Mortgagor's obligations under the Constituent Documents. The
"Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Projects or PUD and
any homeowners association or equivalent entity ("Owners Association"); (ii) by-laws; (iii) code of regulations; and (iv) other
equivalent documents. Mortgagor shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent
Documents.
B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
"master" or "blanket" policy on the Condominium Project or PUD which is satisfactory to Lender and which provides insurance
coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within
the term "extended coverage," then Mortgagor's obligation under Section 19 to maintain hazard insurance coverage on the
Property is deemed satisfied to the extent that the required coverage is provided by the Owner's Association policy. Mortgagor
shall give Lender prompt notice of any lapse 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 Insurance. Mortgagor agrees to maintain flood insurance for the life of the Secured Debt which is acceptable,
as to form, amount and extent of coverage to Lender.
D. Public Liability Insurance. Mortgagor shall take such actions as may be reasonable to insure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent o~ 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 common
elements, or for any conveyance in lieu of condemnation, 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 subdivide 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 condominium or PUD dues and assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this section shall become additional debt of Mortgagor secured by this Security
Instrument. Unless Mortgagor and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Mortgagor requesting
payment.
13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due.
Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or entity 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 instances, federal and state law will require Lender to provide Mortgagor with notice of
the right to cure or other notices and may establish 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. I .
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately
due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. 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 limitation, the power to sell the Property. All remedies are distinct, cumulative and not
exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The
acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or
after foreclosure proceedings are filed shall 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.
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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 any 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 payment 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 Lender. This Security Instrument shall remain in effect until released. Mortgagor
agrees to pay for any recordation costs of such release.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means,
without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et
seq.), and all other federal, state and local laws, 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 material, waste, pollutant or contaminant which has characteristics which render the
substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without
limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance"
under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances
that are generally recognized to be appropriate for the normal use and maintenance of the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and
shall remain in mIl compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event,
Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending
or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous
Substance or the violation of any Environmental Law.
17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor
authorizes Lender to intervene in Mortgagor' 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 considered payments and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to the terms 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. If Mortgagor fails to maintain the coverage described above, Lender may, 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 policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
Unless otherwise agreed in writing, all insurance 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 change the amount of any payment. Any excess will be paid to Mortgagor. If the
Property is acquired by Lender, Mortgagor's right 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 INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance 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 any
additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's
obligations 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,
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Mortgagor does so only to mortgage Mortgagor'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 any rights that may prevent Lender from bringing any action or claim against Mortgagor
or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action
laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the
tenns of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release
Mortgagor from the tenns of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit
the successors and assigns of Mortgagor and Lender.
22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which the Property is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended of
modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt
that conflicts with applicable law will not be effective, unless that law expressly or impliedly pennits the variations by written
agreement. If any section of this Security Instrument cannot be enforced according to its tenns, that section will be severed and
will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the
plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience
only and are not to be used to interpret or define the tenns of this Security Instrument. Time is of the essence in this Security
Instrument.
23. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the
appropriate party's address on page 1 of this Security Instrument, or as, shown in Lender's records, or to any other address
designated in writing. '
24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and assets,
and hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state.
25. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
m 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 Security Instrument will remain in effect until released.
~ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement
on the Property.
~ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that are or will become fixtures relates to the Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Unifonn
Commercial Code.
~ Additional Terms,
26. RIDERS. If checked, the following are applicable to this Security Instrument. The covenants and agreements of each of the
riders checked below are incorporated into and supplement and amend the tenns of this Security Instrument.
~ Third Party Rider
~ Leasehold Rider
I!iZlJ Other N I A
SIGNATURES: By signing below, Mortgagor agrees to the tenns and covenants contained in this Security Instrument and in any
attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1.
Mortgagor
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ACKNOWLEDGMENT:
(Individual)
STATE OF
COUNTY OF
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The foregoing instrument was acknowledged before me by
this -¿ 0 day of $e1J~ kter
Witness my hand and official seal.
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(Title of Officer)
My Commission Expires:
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ACKNOWLEDGMENT:
(Individual)
STATE OF
COUNTY OF
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The foregoing instrument was acknowledged before me by
this '2 û day of Se.p~ /1-e.r
Witness my hand and official seal.
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JARED B. GLEUE - NOTARY PUBLIC
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MY COMMISSION EXPIRES OCT. 2~8~
JARED B. GLEUE - NOTARY PUBLIC
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