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Home My WebLink About913961 /' I'~ ~"t 1 , ,..-, \C-c.. \" \ \ f yt.,_ 'z4 J \ " n r- r') 'ì : ;,", í 0 '.' \'" i~'U \) When recorded return to: ll'U,'!]_ 0\' Custom Title Solutions I-I 2550 N. Redhill Ave. Santa Ana, CA 92705 (800)756-3524ext.5545 \ I\SOO Prepared By: LERON PUTN2\M RECEIVED 11/23/2005 at 1 :57 PM RECEIVING # 913961 BOOK: 605 PAGE: 800 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] A~l'\bl q I f) ltOO JU30j IE'cc'o~;~,:~~,g II 00012117900511005 ¡Doc If! ~] MIN 1001337-0001042003-5 MORTGAGE (Line of Credit) THIS MOWfGAGE, dated NOVEMBER 4, 2005 THEODORE R LOYD, AND NANCY S LOYD ,is between residing at PO BOX 3109, ALPINE, WY 83128-3109 tbe person or persons signing as "Mortgagor(s)" be10w and hereinafter referred to as "we," "our," or "us" and MORTGAGE ELECTRONIC REGlSTRA..TION SYSTEMS, lNC., ("MERS") a Delaware curporation, with an address of P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. 1lERS is the "Mortgagee" under this Mortgage and is acting solely as nominee for Countrywide Bank, N.A. ("Lender" or "you") and its successors and assigns, MORTGAGED PREM1SES: ln consideration of the loan hereinafter described, we hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to tbe successors and assigns of MERS, the premises located at: 502 BUFFALO DRIVE Streel ALPINE LINCOLN Municipality Counly WY 83128 Slale ZIP (the "Premises"). . MERS HELOC· WY Mortgage 2E037-WY (11/04)(d) :.-/;> ")/ , 1",/ Page 1 of 5 11¡:¡Îa.ls,: '1/ "",/ I /I~'-,~' '" I,'" . /.1' } { /.J *23991' , 121 1 7 9 0 0 5 0 0 0 0 0 2 E 0 3 7 * ~~~ ,S' t,l (', ('¡, to" (") ¡~, ·1 , "~-' \.) I,' 1. DOC ID #: 00012117900511005 and furù1èf described as: LOT 21, TR;;IL RIDGE SUBDIVISION, LINCOLN COUNTY, \^JYO¡'lING, l'.CCORDUJG TO THlI.T PLAT FILED OCTOBER 21, 2003, AS PLAT NO. 225-E. TIII~; LìU{'U I: ", I ,IiH Ht::CU¡"¡Cj i:~\! F!lY.\.\ ¡', .: }!\~Yi\j/-\L ílíLEli8C~j f'" "':, ,"",' '" .'..- UIJL{ ¡I cir',:;o ;\') I ¡,ill]: "I ,Ill "lL:U ¡\S lU Il~) _ _;.Jj..J I.J!_·; r,:.:, rU I i':,~'; 1.=:¡::(;1 ,i¡'U!' i' iC: 'riLL The Premises includés all buildings and other improvements now or in the future on the Premises <.Iml all rigllts and interests which derive from our ownership, use or possession of the Premises <.Ind all appurtenances therelo, WE UNDERSTAND and agree that MERS is a separate corporation <.Icting soldy as nominee for Lender <.Ind Lender's successors and assigns, and holds only legal title to the interests granted by us in this !v10ngage, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and seJJ the Property, and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. LOAN: This Morll!ae:e wiJJ secure your loan to us in the plincipal amount of $ 34, 000 . ODor so much thereof as may be advanced and readvanced from time to time 10 THEODORE R. LOYD NANCY S. LOYD , ami the BOITower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (LIlt "Note") dated NOVEl1BER 4, 2005 , plus interest and costs, late charges and ajJ othercharges related to the loan, a]] of which SUlns are repayable <.Iccording to the Note. Tllis Mortgage wi]] also secure the perform<.lnce of a]] of the promises and agreements made by us and each Borrower and Co-Signer in the Note, a]] of our promises and agreements in ùJis Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Note, and any amounts advanced by you under the tem1S of the section of this Mortgage entitled "Our Authority To You," Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set forth in the Note. OWNERSillP: We are ù1e sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you. OUR IMPORTANT OBUGATIONS: (a) TAXES: We wiIJ pay a]] real estate ta.xes, assessments, water charges and sewer rents relating to the Premises when they become due. We will not claim any credit on, or make deduction from, the ]o;¡n under the Note because we pay these taxes and charges. We wi]] provide you with proof of payment upon requéSl. (b) MAINTENANCE: We wi] maintain the building(s) on the Premises in good condition. We wi]] not make major changes in the bui]dingls) except for nonnal repairs. We wi] not tear down any of the buildingls) on the Premises without first gelling your consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium or a planned unit development, \\e shaIl perform ;¡II of our obligations under the declaration or covenants creating or goveming the condominium or plmmed unit development, the hy-Iaws and regulations of the condominium or planned unit development and constituent documents. (c) INSURA.NCE: We wi]] keep the building(s) on the Premises insured at all times against loss by fïre, fJood and any other hazards you may specify, We may choose the insurance company, but our choice is subject to your reasonable approvaL The policies must be for at ]cast the mnounts and the time periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance. The policies must namé you as "mortgagee" and "]oss-payee" so that you wiIl receive payment on a]] insurance claims, [0 the eXlé1Jt of your interest under this Mortgage, before we do. Thé insurance policies must also provide that you be givén not less than 10 days plior written notice of any cancellation or reduction in coveragé, for any reason, Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event uf loss or damage to the Premises, we wi]] immediately notify you in writing and ií1e a proof of loss wi lh the insurer. You may file a proof of loss on our behalf if we fail or refuse to do so. You may aJso sign our name lo any check, draft or other mder for the payment of insurance proceeds in the eveJlt of loss or damage to the Premises. If you receive payment of a claim, you will have the right to choose to use thé money either to fépa.ir the Premises or to ruluce the amount owing on the Note. . MERS HELOC - WY Mortgage 2E037-WY (11/04) Page 2 of 5 -;//1- . ,-",'/" Initials: ,/ ~..:..: / -' ..~ I ,'. j-',. (..., c') f'J :) :,.,; I~) 0 ~~) ~......, ,'_/,_:_;,~ bl DOC 10 #: Q001211iSQOSIIOOS (d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequenLÌal, in coImecLÌon with any condemnation or other taking of the Premises, or part thereof, or for convèyance in ]jeu of condèmnation, a]] of which shall be paid to you, subjectLO the terms of any Prim Mortgage. (è) SECURlTY INTEREST: Wè wi]] join with you in signing and fi]jng documents and, at our expense, in doing whatèvèr you bè1ièvè is nècessary to perfèct and continue the perfèction of your lien and security interest in the Premises. It is agœed that lhe Lender sha]] be subrogaled to lhe claims and ]jens of all parlies whost claims or liens are discharged or paid with the proceeds of thè Agreèmènl secured hèœby. (f) OUI~ AUTHORITY TO YOU: If we fai! to pèrform our obligations under this !vJortgage, you may, if you choose, pèrfoffil our obligations and pay such costs and expènses. You wi]] add the amounts you advance lO the sums owing on the Notè, on which you wi]] charge inteœst al the interest rate set forth in thè NOle. If, for èxamp1è, we fail 10 honor our promises to maintain insurance in effecl, or lo pay filing fèes, taxes or the costs necessary to kèèp the Premises in good condition and repair or to perform W}y of our other agreements with you, you may, if you choose, advance any sums to satisfy wlY of our agreements with you and charge us imerest on such advaw:.:es allhe interest rale sel forth in the Note. This MOrlgage secures a]] such advances. Your payments on our behalf wi]] not cuœ our failure 10 perform our promises in lhis Mortgage. Any replacement insurance lhal you obtain to cover loss or damages to the Premises may be limited to the amOiJnt owing on lhe NOle plus the amount of any Prior Mortgages. (g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subjecl and su bordinale to a prior mortgage dated 09/0 B / 2005 and gi ven by us to COUNTRYWIDE HOME LOANS, INC. as mortgagee, in the original amount of $ 263,000.00 (the "Prior MOrlgage"). We shall not increase, amend or modify the Prior Mortgage without your prior wrillen consent ami shaJl upon receipt of any written notice from lhe holder of the Prior Mortgage promplly deliver a copy of such notice lo you. We sha]] pay and perfoffil a]] of our obligations under the Prior Mortgage as wId when required under the Prior Mortgage. (h) HAZARDOUS SUBSTANCES: We shaJl nOl cause or permit the presence, use, disposal, slorage, or release of any Hazardous Substances on or in the Premises. We shaJl not do, nor allow anyone else lO do, anylhing affecting the Premises that is in violation of any Environmental Law. The preceding [wo sentences shall nOI apply to the presence, use, or storage on the Premises of sma)] quanti lies of Hazardous Substances that are genera)]y recognized to be appropriale to normal residential uses and 10 maintenance of the Premises. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazw'dous substances by Environmental Law and the fo]]owing subslances: gasoline, kerosene, other narnmab1e or toxic petroJeum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "Enviromnental Law" means federal Jaws and laws of the jurisdiclion where the Premises are located thal relate lO health, safety or environmental protection. 0) SALE OF PREMISES: We will not se]], transfer ownership of, mortgage or otherwise dispose of our inlerest in the Premises, in whole or in part, or permit wlY other ]jen or clain! against the Premises without your prior wrillen consent. (j) INSPECTION: We wi]] permil you lo inspect the Premises at ar¡y reasonable time. NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by you without releasing us or the Premises. You may add or release wlY person or property obligated under the Note and this Mortgage without losing your rights in the Premises. DEFAULT: Except as may be prohibiLed by applicable law, and suhject to any advance notice and cure period if required by applicable law, if any event or condiLion of defaull as described ÎJ! the Note occurs, you may foreclose upon this Mortgage. This means that you may arrange for the Premises lO be sold by advertisement and sale or by judicial foreclosure, at your option, as provided by law, in order to payoff what we owe on the Note and under lhis Mortgage. If the money you receive from the sale is not enough to payoff what we owe you, we will slill owe you the difference which you may seek to co]]ect from us in accordance with applicable Jaw. In addition, you may, in accordance wiLh applicable law, (i) enter on and take possession of the Premises; (ii) collect the rental payments, including over-due rental payments, directJy from tenWllS afler simply nOlifying them firsl class mail [0 make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the interest rate set forth in the Note wilJ continue before and afkr a default, entry of a judgment ami foreclosure. In addition, you shalJ be entitled to co]]ecl all reasonable fees and costs actually incurred by you in procteding to foreclosure, including, but not limited to, reasonabJe allorneys fees and costs of docunl<::ntary evidence, abstracts ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rtnts of the Premises. You or a receiver appointed by the courts shall be entitled to enter upon, lake possession of wid manage the Premises and collect the rents of the Premises including those past due after simply notifying them by first class mailLO make rental payments to you. . MERS HELOC - WY Mortgage 2E037-WY (11/04) ,'age 3 of 5 /.' / Initials:'-:;/:/' ,/.__ ----~-~-- / \' .)' I --> -,' --~....~ ;..~. ~~ ,r~, {'- ('¡ t '. r..) 't.) '\..: 0 t..ì u DOC 10 #: 00012117900511005 "WAIVERS: To the extent pemliued by applicable law, we waive and release any error or defects in proceedings to enforce this !vlortgage and herehy waive the: benefit of any prese:nt or fUlure laws providing for stay of execution, extension of time, exemption from allachment, levy and sale and homestead exemption. BINDING EFFECT: Each of us shall be fully responsible for all of [he promise:s and agreements in lhis ivlorLgage. Until the Note has been paid in fu]] and your obligaLion to make funher advances under the: NOLe has been te:nninated, ù1e provisions of ù1is MOrLgage wi]] be binding on us, our legal repœsentati ves, our heirs and all fuLure owners of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom yuu may assign it. Upon payment in full of an amounts owing to you under the Note and this Mortgage:, and provided any obligation to make further advances under the Note has Lenninated, this Mongage and your righLs in the Premises sha]] end. NOTICE: Except for any notice required under applicable law to be given in anolher manne:r, (a) any nOLice to us provided for in this Mortgage shall be given by delivering it or by mailing such noLice by regular iïrst class 1Jl~¡jl addressed Lo us at ù1e last address appearing in your records or at such oLher address as we may designaLe by notice to you as provided herein, and (b) any noLice to you shaH be given by Cèrtified mail, return receipt requested, to your address at For MERS: P.O. Box 2026, FlinL, MI 48501-2026 For Lender: 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 or La such other address as you may designaLe by notice to us. Any notice provided for in this Mortgage shall be deemed to have been given to us or you when given in the manner designated herein. RELEASE: Upon payment of all SUlns secured by this Mortgage and provided your obligaLion Lo make further advanœs under the Note has temlinated, you shall discharge this Mortgage wiLhout charge to us, except Ùlat we shall pay any fees for recording of a satisfacLion of this Mortgage:. GEh'ERAL: You c¡m waive or delay enforcing any of your rights under this Mortgage wiLhout losing Lhem. Any waiver by you of any provisions of this Mortgage will noL be a waiver of that or any oLher provisioIl on aIlY oLher occasJOn, TillS MORTGAGE has been signed by each of us under seal on the dale firsl above wliLLen. WITNESS: /. ."C+~/:~i / /// _~/. /'/_. c ., - (.~~ jé, ,/":,0, (__~ ¡ ./ .-- . THEODORE R. LOYD (SEAL) Mortgagor: (/J (/~ '-----I /;; ;'/] ¿vi!.! '" .> ' N~M:y , s. IOYD Mortgagor: ;-;71))«(/ 'J j / l (SEAL) (SEAL) rvlüngagor: (SEAL) J\'longagor: . MERS HELOC . WY Mortgage 2E037-WY (11/04) Page 4 of 5 A t~~l - J __. _"____ ,''', :¡ C' :] C '1 STATE OF WYOMING, DOC 10 #: County ss: 0012117900511005 . ' I /:' L,-~{//,,\;'J r"'--/ '-...., The foregoing instrument was acknowledged before me this /,i'i ~I e III h,-" I,' ,.:; ? (~.().:j ,,;Z <:J ï2 . 1 f"'l,/! d /Í ) /) ¡I.-i/\ )¡í¡! <) /~~~e)) // My Commission Expires: ,-) 1--_ j 1-(1/-, ~ (person acknowledging) / L)'i) ')'/ ///.) //r) .,/'//(/_"':::/'."/"'/'1' . . ~"',. / .... ,( ,/ ','- .,- / / I , , ,~ ?~olar;~Gíi: ; --,., I :J d/ / t;/;·, /;1' / ,/l._ .:.;// L~:,'/... / / / / I:'-:"---~' ...l ....--, ~ ! 1.YNDA M. HfAI.EV Noiary f'ubUc UtícoloCoon/y Wvoming My Com~n Expllêl$ 0êIC 11.~006 . MERS HELOC - WY Mortgage 2E037-WY (11/04) Page 5 ot 5 --j tj¡"·,1i APN Number: 36191040042300 Ordel ~~o,: 1811900 EXHIBIT "A" THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY, STATE OF WYOMING, TO-WIT: LOT 21, TRAIL RIDGE SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED OCTOBER 21,2003 AS PLAT NO. 225-E. WITH THE APPURTENANCES THERETO. (.~."' :",; {~ 8 I~~~\" :] ',' ¡ ~ J