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Home My WebLink About913762 ~14 "-.-Ì I,c ¡q /1, 1/, r' (ì n ." r.: ("> \, ',) U ':_, ....J 0 IJ" L1 / I . . RECEIVED 11/16/2005 at 4:24 PM RECEIVING # 913762 BOOK: 605 PAGE: 56 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ';YYOlVIING OPEN-END lVIORTGAGE (Securing Future Aùvances) 0056063019 THIS l\IORTGAGE is given on November 2nd, 2005 The mortgagor is ROBERT L. GARDNER & KATHERINE DANA GARDNER, Husband & Wife This mortgage is given to FIRST HORIZON HOHE LOAN CORPORATION whose address is 4000 Horizon Way, Irving, Texas 75063 In this tylortgage, the terms "you", "yours" refer to the mortgagor(s). The tenus "we", "us" and "our" refer to FIRST HORIZON HOME LOAN CORPORATION Pursuant to a Home Equity Line of Credit Agreement and disclosures under the Federal Truth-In Lending Act dated the same date as this Mortgage (" Agreement"), you may incur indebtedness in amounts fluctuating from time to time up to the l\lAXIl\IU1\1 PRINCIPAL SUM of FORTY THOUSAND & 00/100 Dollars (U.S. $ 40,000.00). The Agreement provides for the full debt, if not paid earJier, to be paid by DECEMBER 1, 2025 You agree that Ùlis ,tylortgage shall continue to secure all SUIllS now or hereafter advanced under the terms of Ùle Agreement including, without limitation, such sums that are advanced to you whether or not at tbe time the Silins are advanced there is any principal sum outstanding under the Agreement. This Mortgage secures to us: (a) the repayment of Ùle debt evidenced by the Agreement, with interest, and all refinancings, renewals, extensions and modifications of Ùle Agreement; (b) the payment of all other sums, wiù¡ interest, advanced undcr paragraph 7 of this Mortgage to protect the sccurity of this rvIortgage; and (c) the performance of your covenants and agreements under this Mortgage and the Agreemcnt. For this purpose alld inconsideration of the debt, you do hereby mortgage, grant and convey to LIS and our successors and assigns Ùle property located in Lincoln County, Wyuming, to wit: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. WY BELOC FHI ILC 03-()4 1 of G FIIGD27 I J}. "''''',., 'Ì'" '~~)j , ./'{}i!.:J r. ; n r. " r.,~ 'i .' u 'I,~ \..) J Which property has the address of: 223 2 THAYNE - FREEDOM COUNTRYROAD 125, THAYNE, WYOMING 83127 "Property Address". TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and wi I] defend generally Ùle title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal and interest owing under the Agreement and all oÙler charges due under the Agreement. 2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on Ùle Property and mortgage insurance (if any). 3. Application of Payments. Unless applicable law provides oÙlerwise, all payments received by us under Ùle Agreement and paragraph 1 may be applied by us first to interest and oÙler charges payable under the Agreement and then to the remaining principal balance under the Agreement. 4. Prior Mortgages; Charges; Liens. You shall perfonn all of your obligations under any mortgage, dn:d of trust or other security instruments with a lien which has priority over Ùlis Mortgage, including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over ùlÎs Mortgage or any advance under this Mortgage, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Mortgage or any advance to be made under Ùle Agreement or this Mortgage. 5. Hazard Insurance. You shall keep the Property insured against loss by tire, hazards included within Ùle teml "extended coverage" and any other hazards, including tloods or nooding, for which we require insurance, This insurance shall be maintained in Ùle amounts and for the periods that we require, You may choose any insurer reasonably acceptable to us. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgage clause If we require, you shall promptly give us all receipts of paid premiums and renewal notices. You shall promptly notify Ùle insurer and us of any loss. We may make proof of loss if you do not promptly do so. Insurance proceeds shall be applied to restore or repair Ùle Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otiltrwise, insurance proceeds shall be applied to SUIllS secured by tilis Mortgage, whetiler or not tilen due, WiÙl any excess paid to you. If you abandon tile Property, or do not answer within30 days our notice to you Ù¡at tile insurer has offered to settle a claim, Ùlen we may collect and use Ùle proceeds to repair or restore Ùle Property or to pay sums secured by Ùlis Mortgage, whetiler or not then due, The 30-day period will begin when notice is given. 0056063019 WY HELOC FIIHLC 03-04 2 of 6 FH6D272 . , ~1_,..( , __ í ,>~ .~~:') ~':,~-> (5 ~2; - .,'. ... n , ,-.. f . I."~ t ~_.' :...~ l..~ .,. v 0 Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly payments, If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to Ú1e Property prior to Ú1e acquisition shall pass to us to Ú1e extent of Ú1e sums secured by this Mortgage immediate]y prior to Ú1e acquisition. 6. Preservation and :Maintenance of Property; Leaseholds. You shall not destroy, damage or substantially change the Property, allow Ú1e Property to deteriorate, or commit waste, If this Mortgage is on a leasehold, you shall comply with ùle lease. If you acquire fee title to Ú1e Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perfol1n the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may signiticantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce the laws or regulations), then we may do, and pay for, anything necessary to protect Ùle Property's value and our rights in the Property. Our actions may include paying any sums secured by a lien which has priority over ùlÌs Mortgage or any advance under ùle A greement or this Mortgage, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under Úlis Mortgage and entering on the Property to make repairs. We do not have to take any action we are permitted to take under Ú1is paragraph, Any amounts we pay under this paragraph shall become additional debts you owe us and sha1l be secured by úlÌs Mortgage. These cunounts shall bear interest from the disbursement date at the rate estabJished under ù1e Agreement and shall be payable, with interest, upon our request. If we require mortgage insurance as a condition of making the loan secured by this Mortgage, you shall pay the premiums for such insurance until such time as the requirement for the insurance tenninates. 8. Inspection. We may inspect the Property at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other taking of any part of Úle Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. 10. Y Oll Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of cunortization of the sums secured by this Mortgage granted by us to any of your successors in interest shall not operate to release your liability or Úle liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest, refuse to extend time for payment or oÚ1erwise modi fy amortization of the sums secured by this Mortgage by reason of any demand ¡nade by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Mortgage shall bind and benetÏt your successors and pellnitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs Ú1is Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay all other swns secured by this Mortgage; and (c) agrees Ú1at we and anyone else who signs Ú1is Mortgage may agree to extend, modify, fÖrbear or make any accommodations regarding the terms of ùlÌs Mortgage or ùle Agreement wiÚlOut such person's consent. 12. Loan Charges. If the Joan secured by this Mortgage is subject to a Jaw which sets maximum loan charges, and that law is finally interpreted so that the interest or other Joan charges collected or to be collected in connection with tbe loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from you which exceed permitterllimits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, Ù1e reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. 0056063019 Wy lIELOC FHHLC 03-04 3 of 6 PI f(¡[)273 .. l,îJ~_, ;~i~~~ r-' .."'. (' ,", r.:"/Ì '.' '... \. '" <J J ] 3. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shall be delivered or mailed by tirst class mail to Ù1e Property Address or any oÙler address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by tìrst class mail to our address stated above or any other address we designate by notice to you, ]4. Governing Law; Severability. This Mortgage shall be governed by federal law and, except as preempted by federcù law, by Ùlt law of jurisdiction in which Ùle Property is located. In Ùle event Ùlat any provision or clause of Ùlis Mortgage or Ùle Agreement conflicts WÎÙl applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision. To ùlÍs end the provisions of this Mortgage and Ùle Agreement are declared to be severable. ] 5. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option, require immediate payment in full of all sm11$ secured by this Mortgage. However, Ùlis option shall not be exercised by us if exercise is prohibited by federal law as of Ùle date of this rvfortgage. ] 6. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as Ùle "Loan Servicer") Ùlat collects monthly payments due under Ùle Agreement and this Mortgage, There also may be one or more changes of Ùle Loan Servicer unrelated to Ùle sale of the Agreement. If there is a change of the Loan Servicer, you will be given written notice of Ùle change as required by applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any infoDnation required by applicable law. 17. Hazardous Substmlces. You shall not cause or permit Ùle presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anyÙlÎng affecting the Property that is in vio]ation of any Environmental Law, The preceding two sentences shall not apply to the presence, use or storage on Ù1e Property of Hazardous Substances in quantities that are generally recognized to be appropriate to nOllmù residential uses and to maintenance of Ùle Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving Ùle Property and any Hazardous Substance or Environmentù Law of which you have actual knowledge. If you learn or are notitied by any government or regulatory authority, Ùlat <my removal or oÙler remediation of any Hazardous Substance affecting Ùle Property is necessary, you shall promptly take all necessary remedial actions in accordance WiUl Environmental Law. As used in this Mortgage, "Hazardous Substances" are Ùl0se substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in ùlis Mortgage, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to healùl, safety or environmental protection. 18. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation; or (3) you take any action or fail to take <my action that adversely affects our security for the Agreement or any right we have in the Property. If a default occurs, we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicia] proceeding and sale of the Property. The notice shall further inform you of any right to reinstate after acceleration and the right to assert in any foreclosure proceeding the non-existence of a default or any other defense you have to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, we at our option may require immediate payment in full of all sums secured by this Mortgage without further demand and may foreclose this Mortgage by power of sale. 0056063019 WY HFLOC FIIHLC 03-04 4of6 FH6D274 . . h, ~ ~'''y :f~': ~~~ {~ "l...JÎ þt.'3 (' :"1 f"; (' 0 ' "-,' U' '.' ~ I \.} ',.¿ It' we invoke the POWER OF SALE, we will give notice of intent to foreclose to you and to the person in possession of the Property, if different, in accordance with applicable Jaw. We will give notice of the sale to YOll in the manner provided in paragraph 13. We will publish the notice of sale, and the Property will be sold in the manner prescribed by applicable law.\\'e or our designee may purchase the Property at any sale. The proceeds of'the sale shall be applied in the following order: (a) to all expen5es of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Mortgage; and (c) any excess to the person or persons legaJly entitted to it. 19. Satisfaction. Upon your request and payment of all sums secured by this Mortgage, we shall cause the entry of satisfaction to be made upon the records of this Mortgage. You shall pay all costs and fees for entering the satisfaction upon the records of this Mortgage. 20. Riders to this Mortgage. If one or more riders are executed by you and recorded together with this Mortgage, the covenants and agreements of each such rider shall be incol1)()rated into and shall cunend and supplement the covenants ,wd agreements of ÙÜs Mortgage as if Ù1e rider(s) were part of this Mortgage. o Condominium Rider o Other(s) (specify) 01-4 Family Rider OPlanl1ed Unit Development Rider 21. '''aiver of Homestead Exemption. You are hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming in the Property. Your waiver means that we may exercise all of our rights under this Security Instrument. Request for Notice of Default and Foreclosure Under Superior IVfortgages or Deeds of Trust I(We) and Lender request Ù1e holder of any mortgage, deed of trust, or other encumbrance with a lien which has priority over Ù1is Security Instrwnent to give notice to Lender, at Lender's address set fonh on page one of this Security Instrument, of any default under the superior encumbrance and of any sale or other foreclosure action, 0056063019 WY lIELOC FHHLC 03-04 5 of 6 FII6D275 '- '- , ï ~'_" . -' ", >{}¡Á.£' C' (~.~ (: r>; ""1 Ul. BY SIGNING BELOW, you accept and agree to the ten11S and covenants contained in this Mortgage and any rider(s) executed by you and recorded Wiù1 it. BOTII SPOUSES MUST SIGN ~ (,-~/ /f d ' þÇd£al2.~2ê/ ~ ROBERT L. GARDNÈ~ , Mortgagor , Mortgagor STATE OF WYOMING, LINCOLN C~:/4au~il¡iä vi ht=__ KAT~~RINE DANA GARDNER , Mortgagor , Mortgagor County 55: The foregoing instrwnent was acknowledged before me this 9th day of November by ROBERT L. GARDNER & KATHERINE DANA GARDNER WITNESS my hand and official seal. My Commission Expires: 9-15-07 GLORIA K. BYERS· NOTARY PUBLIC County of ~, 1î:t., State of Uncoln ~ Wyoming My Commission Expires Sept. 15, 2007 This Instrument Was Prepared By: FIRST HORIZON HOME LOAN CORPORATION 3505 EAST OVERLAND DRIVE MERIDIAN, ID 83642 After Recording Please Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W. WALNUT HILL LN. #200 MC 6712 IRVING, TX 75038 0056063019 Wy HELOC Fll!ILC 03-04 , 2005 ' ~()./~¿w J~~ ;(l!o-k.PL2.~ Gloria K. Byers , t'-0tary Public 60f6 rH6D276 . " .. ¡ , ¡ ~'. "'-} . ,J. "~1 '(1J i "" C f:) {;, 0056063019 EXHIBIT "A" Part of the SE~SE~ of Section 9, T34N, Rl19W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a point 30 feet westerly along the southerly line of said section from a brass cap monument marking the Southeast corner of said Section 9¡ said point of beginning being also in the West line of County Road No. 12-125¡ thence continuing westerly along said southerly line a distance of 366.6 feet¡ thence northerly, parallel with the east line of said Section, 148.5 feet¡ thence easterly, parallel with said southerly line a distance of 366.6 feet ~o a point in said west line of said road¡ thence southerly, along last said West line and parallel with last said east line, 148.5 feet to the POINT OF BEGINNING. \ ('n \J .::. ,"-. -. r" { ~ ¡ \..' ",'-: ., ' " Q0 Ú.J RIDER TO THE DEED OF TRUST / l\10RTGAGE / SECURITY DEED 0056063019 Da~: 11/2/2005 The escrow of taxes and insurance required in of your DEED OF TRUSTfMORTGAGE/SECURlTY DEED to FIRST HORIZON HOME LOAN CORPORATION , a KANSAS corporation is hereby waived and you are notified that you are not required to deposit with FIRST HORIZON HOME LOAN CORPORATION ,a KANSAS corporation any of the amounts set forth in said paragraph. This waiver does not, in any way, release you from your obligation to make escrow payments of taxes and insurance to the holder of any prior mortgage, nor does it relieve you of your obligation to keep taxes and insurance premiums current with respect to the mortgaged property. All payments will be applied first to the accrued interest and next to the unpaid principal of your loan, The exact amount of your tinal payment, tinance charges, and total of payments will be somewhat more or less than the amounts shown if we do not receive each payment on the scheduled payment date. RECEIPT ACKNOWLEDGED: ///.- . 4 Ilk~ /V~ø: ìJ If .~ 14ø¿:,¿:¿,'!;Zhøt:L---,?lþ L--/\ ¿(íßä(-¡L~/{~JiI'/¡é- /1 Çj¡L5~ ROBERT L. GARDNER Date KATHERINE DANA GARDNER Date Date Date HELOC RIDER 40109 (8/96) FH6D444 (01/03) . ,