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HomeMy WebLinkAbout912656 u U 0 U";t:1 ::1'1::1 ~ " 'non Recording Please Return To: Wells Fargo Bank ~ttn: ~'"'~\ ç.~'C"'"'~,^- ):'A~~Y"'\.. 1919 Douglas Street 3rd Floo~ Omaha, NE 68102 1 1-.~' .. -}."g '1"hi.¡; 6oclJIDC:nt is l)ÇJ.ng reOOI"....._~ J.',u Sûut.hwest Title Company V',¡. r= ~ GOuctœy Quly. RECEIVED 10/11/2005at4:2s"PM- RECEIVING # 912656 BOOK: 600 PAGE: 729 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, wY ;)0 1.19 I MORTGAGE THIS MORTGAGE is made !.his 11TH DOUG C. MALLER, A SINGLE PERSON d.1Y of OCTOBER ,2005 , between the Mortgagor, WELLS FARGO BANK, N.A. (herein "Borrower"). and the M'ortgagee, - ---.----_._- .--..-.--------.------..----.- --- - --- -- ---_._._--~_._- existing under the laws of THE UNITED STATES P.O. BOX 10304, DES MOINES, IA 503060304 . a corporation organized and . whose address is (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ *UUh"'Hh2, 555.00 , which in.debtcdness is evidenced by Borrower's note dated OCTOBER J.1, 2005 and extensions and renewals thereof (hcrein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedncs!:, if not SQoner pajd, due and payable 011 NOVEMBER OJ., 20J.3 ; TO SECURE to Lender tJle repayment of the indebtedness evidenced by the Nore, with interest thcr~n; the paymcnt of all othcr sunL~, with interest thereon. advanced in. accordance herewith to protect the security of this Mortgage; an.d the perform;¡nce of the covenanlS aT,Jd agreements of Borrower herein contained, Borrower does hcœby mortgage, grant and convey to Lender, with pOwer of s3Je, the following described property located in the County of LINCOLN State of Wyoming: SEE ATTACHED LEGAL DESCRIPTION l' -""{ [ ,') ., ,-,.1 '--\ \. ~.. ", which has the address of 1127C 9TH WEST AVENUE [Strcet) Wyoming 8310J. (herein "Property Address"); [ZJP Code] , KEMMERE.R [Cityl TOGETHER with all the improvements uow or hcrE:after erected ou the property, and all easements, rights, appurtenanecs and rents, all of which shall be deemed to be and remain a part of the propeny 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 hercin; fter referred to as the "Property, " Borrower covenants that Borrower is lawfully seised of the e!tate hereby conveyed and has the right to mortgage, grant and convey tbe Property, and that the Property is unencumbered, e¡ccept for encumbrances of record. Borrower covenan[$ that Borrower warrants a1;1d will defend generaHy the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymeot of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtcdness evidenced by the Note and late charges as provided in the NOle. 2. Funds for Taxe.c: nnd Ins UI:a nee. Subject to applicable law or a written waiver by Lender, Borrower shall pay to uDder on the day monthly payments of pdncipal and interest are payable under the Note, until the Note is paid iu full, a sum (herein "Funds") equal to one-rwdfth of the yearly t.1xes and assessments (including condominium and planned unit development a.~sessmem.9, \f any) wh.ich may attain priority ovcr tbis Mortgage and ground rents on the Property, if a.ny, plus one-twelfth of yearly premium installments for hazard insurance. plus onc-twelfth of yearly premium installments for mortgage insltraoce, iJ ~ny, all as r/;;asonably estimated initially and from time to tjme by Lender on the basis of as!\essments and bills and reasonable estimates thereof. Borrowtr snail not be obliga.ted ro make such payments of Funds to Lender lo the ex.teut rhat Borrower makes such payments to tbe ho]der of a prior mortgage or deed of trust if such holder is an jnstirutionallender. WYOMING - SECOND MORTGAGE - 1/BO - FNMA/FHLMC UNIFORM INSTRUMENT Form 3851 cD -7S(WYI 1891,-,.01 ~ p~, , of <1 liMP MORTGAr,e FORMS. fSOOIS2'.729¡ IMiel=~ fJ1 g~~l~m~tl '1)((..1; ~/·tS '<:::6 ~ .. ·0.. íf Bo~w" pay, Fund, '0 Leod", the Funds shan b< held in an i"Slitution 'h. depo'it< or accoun" of ~iq Ç,? ~u9ed or gua:anteed by a federal or. state agency (i~c1Uding Lender if Lender is such an institution). Lender sball apply the Funds to pay saId taxe~, as!e.ssmenls, InSUrance preIDIums and ground rents. under may not charge for so holding and applying tbe Funds, analy:?:mg s~ld account or v.Crifying and compiling said a.ssessments and bills, unless Lender pays Borrower interest on the FU~ds 311d a?p!Jcable law pe~ts under to make such a charge. Borrower and Lender may agr~ in writing at the time of exec~tlon of dus ~Ortgage ~hat Interest on the Funds shaH òe paid to BOTTower, and unless such agreement is made or apphcable law roqulre~ such Interest to be. paid, Lender shall not be required to pay Borrower any interest or earnings on the :unds. Lender shaJJ gIve to ~orrower, w~thout charge, an annual accounting ot' the Funds showing credits and debits to the Funds and th~ purpose for whIch each debit to the Funds was made. The Punds are pledged as additional security for the sums secured by thIS Mortgage. If the amount of the Fun~ held by Lend~r. together with the future monthly installments of FUrIds payable prior to the due d3tes of t~~a, assessments: Insurance prermums 31Id ground rents, shal] exceed the amoum required to pay said taxes, asse~sments, tnsurance preI?lums and ground rents as they faU due, such excess shall be, at Borrower's option, ci,ther promptly repaid to ~o:rower or cred ted to Borrower. on monthly installments of Funds. If the amount of the Funds heJd by Lender shall not be sulficlCnt to pay taxes, assessments,. Insur:mce premiums 31Id ground rents as they faU due, Borro\ ,'er ghaIl pay to Lender any amount necessary to make up the deficiency In one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage. Lender shall promptJy refund t(l Borrower any Funds held by Lender. Tf un.der pa~gr3ph ~7 herÐOf the Propeny is sold orthe Property is otherwise acquired by Lender, Lender shall apply, no later than ImmedIAtely pnor to the sale of the Property Or its acquisition by Lender, any FUllds 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 provides otherwise, aJl payment!¡ received. by Lender under the Note and paragraphs I and 2 hereQf shaH be applied by tender first in paymem of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, 31Id then to the principal of the Note. 4. Prior Mort~ages and Deeds of Trust; Charges; Lien.~. Borrower shall pcrfonn all of Borrower's obligations under any mortgage, deed of trust or other sccurity agreement with a lien which has priority over this Mortgage, including Borrower's Covenants to make payments when due. Borrower shall payor Cell1Se to be paid all taxes, assessm£nts and other charges, fines and impositions attributable to the Property which may attain a prjority over this Mongage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on tJle Property jIJsured against loss by fire, hazards inc1udcd within the term "ex.tended coverage, ~ and such other hazards as Lender may require and in such amounts and for such periods as Lender may r.equire. The insurance carrier providing the insurance shall be chosen by Borrower. subject to approval by Lender: {'rovided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form aa:cptable to Lender and shall include a standard m.ortgage clause in favor of and in a form acceptablE: to Lender. Lender shall have the right to hold the policies alld renewals thereof, subject to the terms of any mortgage, deed of trost or other security agreement with a lien which has priority over this Mortgage. Tn the evem of loss, Borrower shall give prompt notice to the insurance carricr and Lender. Lender may make proof of 109s if not made promptly by Borrower. . If the Property is abandoned by Borrower, or if Borrower fail$ to respond to Lender within 30 days from the date notice is mailed by Lender: to Borrower that the insurance carrier offers to settle a claim for iosurance benefits, Lender is authorized to coHect and apply the insurance: proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Pregervation and Maintenance of Property; Leascl1olds; Condominiums; PJanoed Unit Developments. Borrower shaH keep the Property in good repair and sha11 not commit waste or pel1Tlit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold, If this Mongage is on a unit in a condominium or a planned unit development, Borrower shaH perform all of Borrower's obligations under thc deciMation or covenants creating or governing· the condominium or planned unit development, the by-laws and r.egulations of the condominium or planned unit development, and constituent documents, 7. Protection of Lender's Security. If Borrower fails to perform the eúvenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which material]y affecu¡ L~nder's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such acti.on as is necessary to protect Lender's interest. Tf Lender required mortgage insurance as a condition of making the loan sccured by this Mongage, Borrower shall pay the premium!: required to maintain such insurance in effect umil such time as the requirement for: such insurance terminates in accordance with Borrower's 31Id Lender's written agr~ement Ot applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, sba.l1 become additional indebttdness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other ten:ns 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 expensc or take any action her~nder. 8, Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages. direct or eonsequenlial, in connection with any condemnation or. other ta\<.:ing of the Properly. or parlthereot', or for conveyance in lieu of condemnation, are hereby assigned aDd sha1l be paid to lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has prjörity over this Mortgage. to. Borrower Not Re(eased; Forbearance By Lender Not 8. Waiver. Extension of the time for payment or modil1cation of amonization of the sums secured by this Mortgage granted by Lender to ally successor in inteœst of Borrower shall not op£rate to retease, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such SlJccessor or refuse to exrend tiroe for payment or othcrwi!:e modify amortization of [he sums secured by this Mortgage by reason of any demand made by the original Borrowør and Borrower's !:uccessors in interest. Any forbearance by Lender in exercising any right or œmedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. G .7GIWY) 189''-1.01 ~ PO¡lð 2 or 'I. Fo7J.,~ Inltl~'8~{ ~~~~I¡glli~~i~!lli¡ ~T···'·_···:.-:-c''--_~ ;::i~¡~f~j~~~[¡~~ ¡;'''::::;}< '-:'6 nS'~::;'bJ¡ GOO 7 31 11. SUCCE!!'ISors and Assigns Bound¡ Joint and Severa] Liability; Co-signers. The covenant.s and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and a.~signs of Lender an.d Borrower, subject to thc provisions of paragraph 16 hereof. All covenants and agreements of Borrower shaJl 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 cOl1vey that Borrower's interest in the Property to Len£1er under the terms of this Mortgage, (b) is not personally Jiabk on th.e Note or under this Mortgage, and (c) agrees that lender and any other Borrower hereunder may agree to excend, modjfy, forbear, or make any OIher accommodations WitJl regard co the tenn.~ of rhi!\ Mongage or the Note without that Borrower's tonsent and withouc releasing that Borrower or modifying this Morrgage as [0 that Borrower's interest in. the Property. 12. Notice. Except for any notice required under appliC3ble law to be given in another manner, (a) any notice to Borrower provided for in this Mongage shall be given by delivering it or by mailing such notice by certified mail addrem:d to Borrower at Ù1e Property Address or at such other address as Borrower may de~ignate by notke to Lender as provided herein, and (b) any notice to Lender shall be given by certificð mail to Lender's address stated herein or to such other address as Lender may designate by nocice to Borrower as provided herein. Any notite provided for in this Mortgage shall be deemed to have been given to Borrower or under when given in che manner designated herein. 13. Governing Law¡ Severability. The stace and loca] law~ applicable to this Mortgage shall be the laws of [hel jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicabilit.y of federal law to this Mortgage. rn the eveut that any provision or clause: of this Mortgage or che Noce conflicts with applicable law, such conflict shall not affect ocher provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of thi~ Mortgage and the Note are declared to be severable. As used herein, "costs, ,. "expenses" and "attorneys' fees" include aU sums to the extent not prohibitcd by applicable law or limited herein.. 14. Borrower's Copy. Borrower sbalI be furnished a conformed copy of che Note and of this Mortgage at [he 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 Borrov.:er enters into with Lender. Lender, at Lender'~ option, may require Borrower 10 execute an.d ddive¡ to Lender, in a fónn acceptable to Lender, ao assignment of any righlq, claim! or defenses which Borrower may have against parties who supply labor. materials or services in connection with improvement~ made to the Properly. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any incerest in it is sold or transferred (or if a beneficial intercst in Borrower is sold or transferred and Borrower is nol a natural person) without Lender's prior written consent, Lender nuy, at its option, require immediate payment in full of all ! Ums secun:d by this Mortgagc. Howevcr, this option shall not be excrdsed by Lender if exerci~e is prohibited by federal law as of the dare of this Mortgage. If Lender exercises chis option. Len.der shall give Borrower nocice of acceleration. The notice sha1l provide a period of not kss than 30 days from the date the notice is delivered or mailed witb5t1 which Borrower must pay all sums sccured by this Mongagc. If BorrowcT fails to pay these sums prior to the expiration of this period, Lender may invoke :my remcdies permined by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree 3$ follows: 17. Acceleration; Rcmedie$. Except as provided in paragraph JC,.bercof, upon Borrower's breach of noy covenant or a~reement of JJorrower in this Mortga~e, induding thc covenants to pay when due any sums secured by this M(lrtgage, Lmder prior to acceleration shall give notice to Borrower as provided in paragraph 12 berrot specifying: (1) the breach; (2) the action re<¡uired to cure such breach¡ (3) a date. not. less than 10 days from. the date th.e notice is mailed to Borrower, by which such breach must be cured; and (4) tbat failure to cllre such hreach on or before the date specified in the notice may rcsuH in acceleration of tbe sums secured by this Mortgage. The notice shall further inform .60rrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a defauH or any other defense or 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 a]] ot the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and 80Y other remedies permitted by applicable lllw. Lender shaH be entitled to coHeet all reasonable costs and expen,~es incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorney!;' fees, If Lender invoke..c; tbe power of'sale, Lender r;hall givc notice of intent to foreclose to Borrower and to the person in posse..r¡ ¡ion 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 saJe and the Property shaH be sold in the manner prescribed by applicab]e Jaw. I...ender or Lender's designee may purchase the Property at any sa]c. The proceeds of the sIde shall be applied in the foHowing order: (n) to all reasonab]e costs and expenses of the sale, inc1udin~, but not limit cd to, reasonab]e attorneys' fees and costs of title evidence; (b) to all !¡UmS secured by this Mortgage; and (c) tbe excess, if any, to the person or persons legaIJy entitled thereto, 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by thi$ Mongage due to Borrower's breach, Borrower shall have the Tight to have any proceedings begun by Lender to enforce this Mortgage djscontinued at any time prior to the earlier to occur of (i) the fifch day before sale of the Property pursuaot to the power of sale contained in chis Mortgage or (ii) entry ora judgment enforcing this Mortgage if: (a.) Borrower pays tender aU sums which would be then duc under chis Mortgage and the Note had no accelera.lion occurred: (b) Borrower cures al! breaches of any oth~:r COVf:U.3ms or agreements of Borrower contained in thi~ Mongage; (c) :Borrower pays aU reasonable e¡r;penses incurred by Lender in. enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing L~nder's remedies as provided in paragraph 17 hereof, in.cluding, but not limited to. reasonable attorneys' fees; and (d) Borrower takes such action. as under may reasonably require to assure ths'c the lien of chis Mortgage, Lender's interest in thc Properly and .Borrower's obligation to pay che sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shaH rcmain in full force and effect as if no acceleration had occurred, 19. Assignmtmt of Rents; Appointment of Receiver¡ Lender in Poss~ion. As additional security hereundr::r. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acce1cration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rentS as they become due and payable, ~ ·76/WY) 18B12).01 <I) P~Q. ~ of 4 Fa~n~~A Inltl'II'~{ -U~~~L -nO~7~2 H~~;'~',-,J'U '.: U d Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time prior to the expiration of any period of redemption following judicial ~aJe, Lender, in person, by agent or by judiciaJly appointed receiver, shall be entitled 10 en£eir upon, take possession of and manage the Property and to collect the ¡:ents of the Property including those past dUe. All rents collected by ul1der or the receiver shall be applied first to payment of the costs of management of the Property and collecûon of rents, including, but not limited to, receiver's fees, premiums on receiver's bOTJ.ds and reasonable attomey(___ fees, and then to the su.~. ~~ured þy t!lis Mortgage. Lender and-the-i"eceiver shall be liable to account only 1õï- those rents actuallyrëccived.· -.-- 20. Release. Upon payment of aU 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. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERJOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a Hen 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. TN WITNESS WHEREOF, Borrower has executed this Mortgage. ( Seal) -Borrower DO (Seal) -Borrower (Seat) -Borrower (Seal) -aorrower (Sign Original Only) ST Á 1'E OF WYOMING, County 55: The foregoing instrument was acknowledged befor.e me this OCTOBER J.1, 2005 by DOUG C. MILLER, A SINGLE PERSON My Commission Expires: '0 - 2- -0 I N~~~ ~.~~~ ~ .... NANCY STAFFORD - NOTARY PUBLIC COUNT\' Of, STATE (f LINCOLN WYOMING ~J Commission Expires ) 0- 1- . ;l:~<]"-J:..'''-'''''''''':':'~';::,o;ro...q, [Space: Below TilL! Line R~C:l"led FM Le:nder amI Recorder o ·76/WYI (B9121.0' IS) P~e 11 01 4 Form 3851 ~J!m~~ili~¡~~U} . .. .... .....: ':'~'.>.. .... ':..:.<··t:·::::~~·::· :.....~ ", . :.' ...: ...~:::>:..;:.:....'..:..:::..~:)::.\::~(':...:';...'~;:.:;~~·:.V:,~~:,.L:~:[-~·:~:~):::.:·<;,~:·.~·~·:·:.:<.::· ..:.."\¡), "C,:: ~~' St:;;tþ '- '-.J-..... ....~, ", '. . .. ·····.···r~bB';:jj· The land referred to in this commitment is situated in. the State of Wyoming. CountY of Lincoln, and is described as follows: A portion of Lot 7 of Block 10 of Lincoln Heights 4th Subdivision to the Town.. of Kemmerer, L1ncoln County, WYOmingl being more pa.rticularly des~ribed as follows: Commencing at the Northeast Corner of said Lot 7 and running thence South along the eagt boundary of said Lot 7, a distance of 39.55 feet to the point of beginning of said Unit C¡ thence West along the Southerly boundary of Unit D of said Lot 71 a distance of 130 feet thence South, along the Westerly boundary of said Lot 7, a distance of 17.95 feet; thence East along the Southerly boundary of said Un~t C, a distance of 130 feet; thence North along the Easterly boundary of said Lot 7, a distance of 17.95 feet to the point of beginning. .' . .. . t ~. ":. , ". ." ... ..... . .' . .',', " ,", I.:', . . .... .' . '. . : >:~.: :'~" :, ',,' "" . . . :. . I"..