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Home My WebLink About914171 C'DCGGl State of Wyoming ______h___._h______ Space Above This Line For Recording Data l\10RTGAGE (With Future Advance Clause) I. DATE ANn I'.Ufn ES. The date of this !vlorlgage (Security Instrument) is November 28. 2005 parties, thcir addresses ami tax identitìcation numbers, if rCluircd, are as follows: !vI0RTGAGOR: Jimmy D Hahn. JR AND Simone C Hahn, HUSBAND AND WIFE RECEIVED 12/5/2005 at 2:00 PM RECEIVING # 914171 BOOK: 606 PAGE: 661 JEANNE WAGNEH LINCOLN COUNTY CLERK., KEMMERER, WY 31 Lincoln Diamondville. WY 83116 D If checked, I:efer to the attached Addendum incorporated herein, for additional. !vlortgagors, their sign~!lures and aek nowledgments. LENDER: MERIDIAN TRUST FEDHAL CREDIT UNION OI{GANIZED AND EXISTING UNDER, THE LA WS OF TIIE UNITED STATES OF A!\IERICA 2223 WARREN A VENUE WY 82001 TAXP¡\ YEn., I.D. /I: 83-0179749 2. CONVEY ANCE. For good and valuable consideration, the receipt amI suttlcicllcy of which is acknowlcdged, and to secure the Secured Debt (detined below) and Mortgagor's performance under this Security Instrument, tvlortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following dcscribed property: Lots 1. 2, and 3. Block 33, Diamondville. Lincoln County, Wyoming. The properly is located in Lincoln (County) at ~ -) L 31 Lincoln (Address) Diamonclville (City) , Wyoming 83116 (ZIP COlk) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian riglns, ditches, and water stock and all existing and future improvements, structures, lixtures, and rêplacements that may now, or at aoy lime in thê future, be part of the real estate described above (all referrëd to a, "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount sêcured by this Security Instrument ~Il any onL' timê shall not exceed $ 9.600.00 . This limitation of amount doL'S not include interest and other fees and charges validly madL' pursuant to this Security Instrument. Also, this limitation does OOl apply to advanCês made under the [erlllS of lhis Security Instrument to protect Lender's security and 10 perform any of the covenants comained in this Security Instrument. 4. SECURED DEBT AND FUTURE AD\' ANCES. The term "Sêcured Dêbt" is de1inêd as t(¡lIows: A. Debt incuned under the terms or all prunlissory no(e(s), contracl(s), guaramy(s) or other evidence or deht described Sêcure and you should include the final maturity date of such debt(s). HOME EQUITY LINE OF CREDIT AGREEMENT D/\.TED November 28, 2005 , AND MATURING November 30. 2020 B. All future advances from Lender to J'vlortgagor or other future ohligations of !\'Iortgagur lLJ Lender under any promissory note, contract, guaranty, or other evidence of debt executêd by !\lortgagor in favor or Lcndcr executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If mOI'(' than one person signs this Security Instrumem, each tvlortgagor agrees that this Security Instrument will secure ,dl futllre advances and future obligations that are given to or incurred by ~!ny one or more !\[ortgagur, or anyone or I1h)re !l'lurtgagur and others. All future advances and other future obligations are secured by this Sêcurity lmtruml"llt even though all or part may not yet be advanced. All luture advances and olher future ubligations arê sêcured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances io allY amount. Any such commitment must he agreed to in a separate writing. C. All other ohligations !I'Iortgagor owes to Lendc:r, which may later arise, to the extclll nut prohihitcd by law, including. but not limitêd to, liabilities for overdrafts relating to any deposit a('('uum agreement betlVêen Murtgagor ,Ind Lender. D. ALL additional sums advanced and expênses incurred by Lender fur insuring, preserving or otherwise prutl'cting the Properly and its value and any other sums advanced, allll expenses incurred by l.emkr undn the terms of this Security Instrument. In the evem that Lender fails to prnvide any necessary notice of the right of rescission with respect to any additional indebtednèss secured under paragraph B of this Section, Lender \\,IIVeS any subsequent security intnesr in the WYOMING· nOMt EQUITY liNt OF CRCUIT MOIHG.-\GE (NOT tOl{ FMN.-\. Fill \l( . FIL·\ UI{ VA LISE) PA(ìP lCJF-l / _-~J~T'~. JVd' C// DDS·WI-[~'I f (\ ( ',.',) I.. Ü ::::.: "~tl=tJ", '1 Ivlortgagor's principal dwclling that is crl'ated by this Security InstrumelH (hut does not waive the security inkrl'.,t IÙr Ihl' debts referenced in paragraph ¡\ of Ihi" Section). 5. J\10RTGAGE COVENANTS. Mortgagor ;¡gre'L's that the cuvenanrs in ¡his se'uion are material obligalions under [he SL'cured Debt allll this Security Instrument. If Mortgagor breaches any covenalH in this' section, LClllkr 1lJ~IY rduse tu make additional extensions of credit and reduce the credit limiL By not nèJ'cising either remL'dy on Ivlortgagor's breach, Lender does not w;¡ive' Lender's right to later consider the evelH a brc;¡ch if il happens ;¡gain. Payments. Mortgagor agrees that all paytnL'nts unuer the Secured Debt will be p;¡id whe'n due and in accordance with the ll'rms of the Secured Debt and this Security Instrument. Prior Security Interests. With regard to any other mortgage, deed uf trust, security agrel,ment or other lien document that created a prior security interest or encumbralICL' on the Property, Mortgagor agrees to make all paYllll'lns whell due anu to per/Ùrm or comply with all covenants. Mortgagor also agrees not to allow any mouification or extension or, nor to request any future auvances unuer any note or agreement secured by the lien uocument without Lemler's prior wrillen approval. Claims Against Title. Mortgagor will pay all taxL's, asses,',:mCllt", liens, enL'ulnbrances, lease p~lyments, ground rL'!its, utilities, and other charges relating to the Property whL'n due. Lender may require Ivlortgagur to provide IIi Le'nder copil" '" all notices th:1I such amounts are uue and the It,ceipts evidencing J\lurtgagur's payment.f\lurtgagur will d,:It:nd ¡illL' 10 the: ]', upnty against any claims that woulu impair Ihe lien of this Security Instrument. Murlgagor agrees tu assign lu [enuer, as requeslc:d by Lenuer, any rights, claims or defenses Murtgagor may have ag~linst parties who supply labor or materials to mainLlil1 <II 1IIIprove the Property. Property Condition, Alterations and Inspection, MOllgagor will keep Ihe Property in goud conditiun dnd make all repairs that are reasonably IIL"e'essary. Mortgagor shall not commit or ~lIo\V any wasle', impairment. or dL'le'ri<lration of the Property. tvIortgagor agrees that the nature of the occupancy and use' will II0t substantially changc without Le'nder's priur writte'n COILselll. Mortgagor will not pL'lmit any change in any Ilc:L'nsc, restrictive COIL'I1ant [Ir eaSenh'll! Willi"", I.l'ndL'l's pri<lr writlt'n consent. Mortgagor willnutify Lenuer of all demands, procL·e'dings, claims and actions against J\-Iurtgagor, anu of any loss or damage' to the Property. Lender or Lender's agents may, at Lender's option, entn the Property at any rcasonable timL· 1;lr Ihe purp<lse of inspecting the Property. Lender shall give f\Iortgagor notice at the tinle' of or before an inspection specifying a re:honahle puq,ose tÜr the inspection. Any inspection or the' Property shall be eJl!irdy It II' Lender's bendit and Mortgagor will in no way rely on Lender's inspection. Authority to Perf(¡rm. If Mortgagor fails to perform any duty or any <If the covenalHs contained in Ihis Security Instrument, LemlL'r may. without notice, perform or cause them to be pertÙrmed. Mortgag<l! appoilllS Lender as attorney in Llct to sign Mortgagor's name or pay any amount necessary for pertl1rmanCL'. Lenuer's right to perrorm It' Mortgagnr shatl n<lt Cleare an obligation to perr"'ln, anu Lender's railure to perform wi]1 not preclude Lender from exercising any of Lender's mher rights unde'r the law or Ihis Security Instrument. lensdlOlds; Condominiums; Planned Unit Developments. Mortgagor agrees tn c()nlply Jr with the pruvisions of any lease if this Secmity InstrumeIH is on a leasehold. The Pmperty includes a unit in a condominiulII or a planned unil developmclH, Mortgagor will perlÜrm all of Mortgagor's dUlies under the covenants, by-laws, or regulations of thl' condominiulIl or pLinm:d unit development. Condemnatioll, Murtgagor will give Lender prompt notice of any penuing or threall'lled action, by private or public entities (0 purchase or take any or all, of the Property through conuemna¡Îon, tnline'llI dOIl1~lin, or any other means. J\lurtgagor autllt>lizL'S Lenuer to intervene in Mortgagor's name in any of ¡he above lksL'libl'd actions or claims, f\'lurtgagor assigns 10 Lender thc proceeds of any award or claim for uamages connecteu with a comkmnation or other laking of all or any part of the Property. Such proceeds shall be consiuered payments and will be applied as pn)vidt'd ill Ihis Security Instrument. This ~lssignl1ll'lIl of proceeds is suhject to the terms of allY prior Inortgage, deed of trusr, security agreemelH or otller lie'n document. Insurance. Mortgagor shall keep PropL'lty insured agall):;t luss by tire', nood, then alld other hazards and rd;s reasllnably associateu with the Propnty due to its type and location, This insur~lnce shall be maintained in tbe amounts and for tlte periods that Lender requires, The insurance carrier proviuing the insurance shall be chosen by f\lurtgagur subject to Lender's a approval, wltich shall not be unreasonably' withheld. If Mortgagur Llils to maintain the coverage described above, Lenun may, at Lender's option, obtain coverage to prutect LelllJn's rigltts in lite Property accoruing to the tL'lI11S of this SLulrily Instrument. All insurance policies anu renewals shall bc ae'ceptable to Len(kr dud shall inc:lu,k a 'Iambrd "nlllrlgage cLiuse" and, where applicable, "loss payee clause" Mortgagor shall inullediatcly nl1iify Lemkr of cancellatioll or termination of the insurance. Lender sh:¡1I have the. right to holu the policies anu re'lIel'.als. If Lender re'quires, f\'!ortgagor shall immediately give to Lemler all receipts of paiu premiums ami renewal notices. Upon loss, Mortgagor shall give immediatc notice to the' insurance carrier amI Lenuer. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall he applied to the rl'stl)ration or repair nf tlie' Propnty or to the Secured Debt, whether or IIDl then dlle, at Lender's option. Any applicatiun of proceeds to principal shall Ilot extenu ur postpone the uue date of the scheduled paymelll nor change the amOlllll at' any paYIlle'III. AllY excess will he p~lid to tlte Mortgag<lL If the Property is acquired by Lender, Mortgagor's right to any insurance policie's and pr"cl"eds resulting from damage to the Property before the acquisition stlal1 pass 10 Lender to the eXtelll of tit,· Secured Dd¡¡ illnnediatL'ly betl)re the acquisition. Financial Heports and Additional Docllments, }.ortgagur will provide to Lenuer upon request, any financial slatement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, delivL'r, and lile any additi(JI~d documellls 01 ctrtiJìcalions tliat Lender may eonsider necessary to perfect, continue, and preserve Mortgagor's obligations under this Securily Instrument and Lender's lien status on the Properly. WYOMINC· n()~fE EQUITY LINE OF (,REDIT MORTGM;E (NOT I' IR F~IN'. FIIL,\fC, FilA OR V,I USE) PAC.,lj 20F ·1 \~~ (;,.1 _/,%:.[;.1--- !_,--, '-'''1 ~'. ""'" Jr~ ,~J/....~ DDSWIHvt :.,.\ Î) t,:" G' '''I , .' ~ : .) , ,J ~ ;.. -l_ ' .1" J ~. "-"1' ~. ' i' ... .JL " 6. DUE ON SALE. Lender may, at its option, decLtre the entire babllce of the Secured Deht tu he ilnlll",li:ttcly due and payable upon the creation of, or contract for (he creation of, a transfer ¡¡I' sale or the Property. Thi" right i",ubjL'ct [0 thc rcstrictions imposed by federal law (12 C.F.R. 59!), as applicable. 7. DEFAULT. !\!ortgagor will be in default if any of the 1()llowing occur: Fraud. Any Consumer Borrower engages in fraud or nwterial misrq)'esentatiun in ClHlIH::'ction with the Sccured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any SL'Cured Debt that is an open-end home L'luity plan Crib to make a payment when due. Propcrty. Any action or inactiun by the Borrower or Mortgagor ¡¡ccurs that adversely alTeus the Property or Lemler's rights in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) J\tortgagor commits waste or olhC'rwise destructively uses or fails to mainlain the Property such that the action or inaction adversely affects Lender's security; (d) !'v!urtgagor t~iils to pay laxes on the Property or olherwise tails to act and thereby causes a liell to he riled against the Property that is senior to [he lien ur lhis SêL'urity Instrument; (e) a sole Mortgagor dies; (I) if more than LJne Mortgagor, any Morlgagor dies and I.ender's sL:curity is adversely affected; (g) the Property is taken through eminent domain; (h) a judgnlênt is riled against Mortgagor and suhjects Mortgagor and the Property to action th:rt adversely alTects Lender's interest; or (i) a prior lienholder ¡(H'ecloses un the Properly and as a result, Lender's interest is adversely affected. Executivc Officers. Any Borrower is an executive oflìcer or Lemler or an aftìliate and such Borrower hecomes indebted to Lemler or another lender in an aggregate amount greater lhan the amount permittee! under kderallall's and regulations. 8. REMEDIES ON DEFAULT. ]n addition to any other remedy avail:thk under the lenns of this Security ]nstrument, Lemler may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law ir !'vtortgagor is in del~l[dt. In some instances, federal and state law will require Lender to provide Mortgagor wilh nOlice of the right 10 curc, or other notices and may establish time scheduks for t()rec!osure actions. At the option of the Lender, all or any part of the agreed fees and charges, accrued imerest and principal shall become immediately due and payahle, after giving notice if required by law, upon the occurrence of a det~ìult or anytime therea1ier. Lemler shall h.: entitled to, without limitaliun, the power to sell the Property. The acceptance by Lender of any sum in paymelll or partial payment on the Secured Debt after ¡he halanee is dlh: or is accelerated ur after foreclosure proceedings are nled shall not constitute a waiver of Lender's right to require complete cure of any existing default. By nol exercising any remedy on Mortgagor's det~\Ult, Lender does not waive Lender's right to laler consider the event a default if it happens again. 9. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If ^1()rtgaglJr hreaches allY covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in perlÖrming such covenants or protecting its security interest in the Property. Such expenses include, but are nOI limited to, fees incurred tÖr inspeeting, preserving, or otherwise protecting the Property and Lender's security imertsl. These expenses are payabk on demand ami will bear interest from the date of payment until paid in full at the highest rate "I' interest in dfect as provided in Ihe terms of the Secured Debt. Mortgagor agrees to pay all costs and expensês incuITtd by Lender in collecting, entÓrcing or ",,)tecling Lender's rights and remedies under this Security Instrumenl. This amount may include, but is not limited to, reasonable attorneys' fees, court costs, and other kgal expenses. This amount does not include alwrm:ys' fees I()r a salaried employee of the Lender. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrtes to pay [ht reasonahle attorneys' feêS Lender incurs to colleclthe Secured Debt as awarded by any court exercising jurisdiction under Ihe Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay fur any rêcordalion cosls uf such release. 10. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I) Environmental Law IIIL'ans, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.c. 9601 et seq.), and all other federal, slate and local laws, regu!:nil)ns, ()rdinanees, court orders, attorney general opinions or interpretive letttrs concerning ¡he public heallh, safety, welfare, environmenl or a hazardous substance; and en IJazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render ¡he substance dangerous or potentially dangerous to the public heallh, safì:ty, IlelLtre 01 environment. The term includes, without limitation, any substances defined as "hazarduus material," "toxic substances," "hazardous wasle" ur "hazarduus substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: /.... Except as previously disclosed and acknowledged in writing to Lemler, no Hazardous Suhstance is or will hi::' located, stored or released on or in the Pruperty. This restriction does not apply to small quantities of ] I:wtHlous Suh:;tances that are generally recognized (O be appropriate 1'01' the normal use allll maintenance of llle Property. B. Except as previously disclosed and acknowledged in wriling to Lender, MOrlgagor and every tenant have heen, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notil)' Lender if a release or threatêned release or a IJazardous Suhslance occurs on, under or ahuut (he PrOpêrty or there is a violation or any EnvironnlL'lllal Law concerning the Properly. 111 sllch an èvent, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately nOlit)' Lènder in wriling as soon as Mortgagor has reason to hèlicl'è tllcre is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release uf any J lazardous Substance or the violation of any Environlntntal Law. WYO'IING·nOME EQUITY LINE OF CREDIT MORTGAGE (NOT FOR FMNA. 1'111,\1(', FILl Ol( V.-\ liSt', PAGEr.' OF. 4 [n, \J/ ') f /~L \',-,. (.~_ L/ DDS-WI 1M ,'j":.:.. .~ -f, '-L f' n 'i"G ..,~ .j \} l) ,1 J l. ESCROW FOR TAXES AND INSURANCE. Unless othnwise pi'lwided 111 a separak agreL'lllenl, 1\fortgagor will not he rtluired to pay to Lender funds for taxes and insurance in escrow. 12. JOINT AND INDIVIDUAL LL-\IHLJTY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. :\11 duties under this Stcurity Inslrumt:nt are joint and individual. If J\forlgagor signs this Stcurity Instrument hut does not sign an tvidencc of deht, Mortgagor does so only to mortgage. Mortgagor's inkrest in the Properly to Sl:cure payment 01 thè Seèured Deht and Mortgagor dOl'S not agree to, be personally liahle on tht: Secured Dth!. If this Stcurity Iw,trunlèllt secures a guaranty bdll'een Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevtnt Lender frolll hringing allY aClion or claim against Mortgagor ur any party indebted under this ubligation. These rights may include, hut are not lirnitnl t,), ::IIIY anti-deflcicncy or (!l1e-action lall's, The duties and bene/its of this Security Instrument shall hind and benetit the sUCCeSSl)rS and a,slgns of Mortgagor and Lender. 13. SEVERABILITY; INTERPRETATION. This Security Instrument is compkte and fully integrated. This Security Instrument may not be amended or modilied by oral agreement. Any section in this Security Instru1l1ent, attachlllellls, or any agreement related to the Secured DdJt that conflicts wi¡h applicable lall' will nO! be dlt:ctive, unless tll:ltlaW l'xpressly ur impliedly permits (he variations by wriHen agreement. If any section of this SC'curity Instrument cannot be enforced accolding lu ils terms, that section lI'ill be severed and will :10t affect lhl' enforcc:ahility l1f the remaindel uf this Security fllstlllmellt. Wllenever used, the singular shall include the plural and the plural the singul:ir, The captions alll! headings "I' the sections uf this Sccurity Instrulllellt are I()! cunvtnience only and ~re not to he used to interpret or define the terms of this Security Instrumclll. Time is of Ihe essence in [his Security Instrument. 14. NOTICE. Unless otherwise required by lall', any notice shall be givlï1 by delivering it or by mailing it by lirst class maillo the appropriate party's address on page 1 of ¡his Securily Instrument, or to any uther address designated in writing. Notice to une mortgagur will hc deemed to be notice to allmurlgagors. IS. WAIVERS. Except to [he extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens alld assets and all homestead exemption rights relating I() the Property. 16. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, [his Security Instrument will remain in etreu until released. 17. APPLICABLE, LAW. This Security Instrument is governed by ¡he lall's as agreed to in the Secured Ikbt, t\cept to the ex lent requirc'd by the laws of the jurisdiction where the Prupeny is lucated, and applicabk kderal Liws allll regulations. 18. RIDERS. The eoven~nts and agreements of each of the riders checked below are incnrpurated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] D Assignment of Leases and Rents D Other 19. D ADDITIONAL TERMS. SIGNATURES: By signing below Mortgagor agrees to the terms and cnWII:¡llls comainl'd in this Security Instrument attachments. J\lortgagor, alsu ackno\\ ledges I ecelpt uf a copy ul Ihls Secul lIy flls[ UI ¡ 'Ill un lhc date '1.lted un page I ,-LVI ¿J:J.l~0~--- /~k ?rMY<-~ C)¿¡;/t, /~fihat~y~)/ ' /- , ( ate) t/d1mmy¿Ó'Hahn JR and III any /0¿~~'J (Date) ACKNOWLEDGMENT: (Individual) STATE OF WYOMING , COllNTY OF Lincoln }SS. This instnJment ..vas acknowledged hefore me this 28th day uf November, 2005 By Jimmy D Hahn. JR AND Simone C Hahn, HUSBAND AND WIFE My cummission expires: oç:Jo. \ ~ J-.oo1 (Seal) [' ....JE Ä.¡~.":.E.'. I·J O. ,.".:.11.". ¡;.0."I..I.G'...\...;'.... ......i !(.J,' :.IÂ.','.',f ;.:.T.'. iP.-.U.,.. BLI'.c.'.J.... ' COUNTY OF ", I, lATE OF lINCOlfJ \'i'I'OMIHG Yo::lj~';'¡::~£.'~"Ú'~ \'-; ,\fL_, xJ~4~~",,-\J__ ._ N(~,¡¡y Public WYO~IING·IIOW' EQUITY LINE OF CHEDIT ~IOHTGAGI' (NOT fOR HIN,'\, Fllr.~IC, Fill!)( VA liSE) PAGE 4 OF 4 DDS-WI]¡\! ~-~ -_..,-,-----~