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Home My WebLink About914503 r....... ,-\ r: f\""'1 :~ ",. U l ü l "1 RRST MAGNUS FINANCIAL CORPORATION 603 N. WILMOT TUCSON, AZ 85711 RECEIVED 12/16/2005 at 4:08 PM RECEIVING # 914503 BOOK: 607 PAGE: 674 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOAN NO,: 5715005953 ESCROW NO.: FA14553 THIS MORTGAGE is made this 14th day of JEREMIAH D. DqJtND SARAH M. 'qVEl. HUS,",ND AND WIfE DECEMBER,2005 MIN 100039257150059532 MERS Phone: 1-888-679-6377 NOTICE: THIS LOAN CONTAINS PROVISIONS THAT ALLOW FOR A BALLOON PAYMENT AT MA TURITY, , between the Mortgagor, I MORTGAGE I (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nomillee for Lender, as hereinafter defìned, and Lender's successors and assigns), MERS is organized and existing under the laws of Delaware, and has an address and telephone numuer of P ,0, Box 2026, Flint, MI 48501-2026, teL (888) 679-MERS. FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION , ("Lender ") is organized and existing under the laws of ARIZONA , and has an address of 603 North Wilmot Road, Tu~on, AZ 85711 WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 30,400.00 ,which indebtedness is evidenced by Borrower's note dated DECEMBER 14, 2005 and extensions and renewals thereof (herein "Note"), providing for monthly instalhnents of principal and interest, with the balance of indeutedness, if not sooner paid, due and payable on JANUARY 01, 2021 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, gram and convey to MERS (solely as nominee for Lender awl Lender's successors and assigus) and to the successors alld assigus of Ì\1ERS, with power of sale, the following described property located ill the County of LINCOLN State of Wyoming: LOT 74 OF PRATER CANYON ESTATES UNIT NO, 4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFRCIAL PLAT THEREOF (1 SEE' BALLOON RIDER" ATTACHED HERETO AND MADE A PART HEREOF. ASSESSOR'S IDENTIFICATION NUMBER: 12'3519,25-1-04-050,00 which has the address of 52 AZTEC DRIVE [Street] (herein "Property Address"); THAYNE ICilY] Wyoming 83127 [ZIP Code] TOGETHER with all the improvements now or hereafter erected 011 the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property 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 hereinafter referred to as the "Property," Borrower understands and agrees that MERS holds only legal title 10 the iuterests grauted by Burrower in this Mortgage; but, if necessary to comply with law or custom, NŒRS, (as nonlÍnee 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 forecJose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unellcumbered, except for encumbrances of record, Borrower covellants that Borrower warrants and will defend generally the title to the Property against all claims alld demallds, subject to eIlcumbrallces of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest illdebtedness evidenced by the Note and late charges as provided in the Note. 2, Funds for Taxes and Insurance, Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payaule under the Note, until the Note is paid in full, a sum ;1 (j qfì I/),/ tnltlal"~ V Form 3861 WYOMING, SECOND MORTGAGE· 1/80· FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS Amend~d 2/01 VMP-76N{WY) (0308) Page 1 of 4 LENDER SUPPORT SYSTEMS INC. 2ND76NWY,NEW 112/04) _ [" 4'., , fi.. ~ - ~ l "_ 't._ -J....~'V'-lí' n r. ro. 1"'; .~ UCtbt;) (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and plauued unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the ProperlY, if auy, plus one-twelfth of yearly premium installments for hazard insurill1Ce, plus oue-twelfth of yearly premium iustallllleuts for murtgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessmeu!s and bills and reasonable estimates thereof. Borrower shaH not be obligated to make such payments of Fuuds to Lendt~r lo the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such bolder is an iustitutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institutiou the deposits or accouuts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution), Lender shall apply the Fuuds to pay said taxes, assessments, insurance premiuJlls and ground rents, Lender may not charge for so holdiug and applying the Funds, analyzing said account or verifying and compiling said assessments and bilJs, unless Lender pays Borrower iuterest on the Funds and applicable law permits Lender to make such a charge, Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and uuless such agreement is IHade or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any iuterest or ealfliugs ou the Funds, Lender shall give to Borrower, without charge, an anuual accounting of the Funds showing credits aud debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Mortgage. If the ill1l0unt of the Funds held by Lender, together with the future mouthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, inswance premiums aud grouud rents as they fall due, such excess shall be, at BOll'ower's OptiOll, either promptly repaid to Borrower or credited to Borrower on monthly iustalhnents of Funds, If the amouut of the Funds held by Leuder shall not be sufficient to pay taxes, assessments, insurauce premiuJlls and grow¡d rents as they fall due, Borrower shall pay to Leuder any amouut necessary to make up the de1kiency in one or more payrnents as Lender may require. Upon payment in full of all sums secured by this Mortgage, Leuder shall promptly refund to Borrower auy Fuuds lwld by Lender, If under paragraph 17 hereof the Property is sold or the Property is oÙlerwise acquired by Leuder, Lemler shall apply, no later than inunediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Leuder at the time of application as a credit against the sums secured by this Mortgage, 3, Application of Payments. Urùess applicable law provides otherwise, all payments received by Lender under tbe Note and paragraphs 1 and 2 hereof shall be applied by Lender Hrst in payment of illllounts payable to Lender by Borrower under paragraph 2 hereof, Ùlen to interest payable on the Noll'., and tben to the principal of tbe Note. 4, Prior Mortgages and Deeds of Trust; Charges; Liens. Borruwer shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien whicb has priority over this Mortgage, including Borrower's covenants to make payments when due, Borrower sball payor cause to be paid all taxes, assessments and oÙler charges, Hnes and impositions attributable to the Property which may attain a priority over tbis Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or bereafter erected on the Property iusured against loss by Hre, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld, All insurance policies and renewals tlu=reof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and ill a fO!lu acceptable to Lender. Lender shall have tbe right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over tlùs Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurilllce carrier offers to settle a claim for insurance benefìts, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the SUIHS secured by Ùlis Mortgage. 6, Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Devdopments, Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioratiou of tbe Property and shall comply with the provisions of any lease if tlus Mortgage is on a leasehold, If this Mortgage is on a unit in a condolllÍJÙUIll or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condonunium or plalmed unit development, the by-laws and regulations of the condomiuiulll or planned unit development, and constituent docwuents. 7. Protection of Lender's Security. If Borrower fails to perform tbe covenants and agreements contained in this Mortgage, or if illlY action or proceeding is commenced which materially affects Lender's interest in the Property, tbeu Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorueys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insmance as a condition of making the loan secmed by Hùs Mortgage, Borrower shall pay the premiums required to maintain such insurance in elfect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreemeut or applicable law. Any illHounts disbursed by Lender pursuant to this paragrapb 7, with interest thereon, at tbe Note rate, shall become additional indebtedness of Borrower secured by tlùs Mortgage. Unless Borrower and Lender agree to other te!lllS of paymeut, such illHounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereuuder. 8, Inspection. Lender may make or cause to be made reasonable entries upon illHI iuspections of the Properly, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefm related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for dilluages, direct or consequential, in connection with any condemnation or other taking of tlle Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which bas priority over tlus Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of illuortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower sball uot operate to release, in any manner, the liability of the original Borrower and Borrower's successors in iuterest. Lender shall not be required to conunence proceedings against such successor or refuse to extend tilue for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of illlY demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising illlY right or remedy hereunder, or oÙ¡elwise atTorded by _ applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. ,} I",) Çf"./J Inllli.ls:,-L.....l.."I,,' - VMP-76N(WY) (0308) Page 2 of 4 Form 3851/ , lÌf':nt-'1r. ',j :.: Ü I b '__ :_5u3 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers, The coveuauts aud agreements hereiu contained shall bind, and the rights hereunder shaIl iuure to, the resjJcctive successors aud assigus of Lcuder aud Borrower, subject to the pmvisions of paragraph 16 hereof. All covcnams aud agreements of Borrower shall be joiut and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signiug this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the tenns of this Mortgage, (b) is not personally liaule on the Note or under this Mortgage, and (c) agrees that Lender aud any odwr Borrower !wrewJder Jay agree to extend, lHodify, forbear, or make any other acconunodations with regard to the terms of this Iv[ortgage or the Note without that Bonuwer's consent and without releasing that Borrower or modifyiug this Mortgage as to that Borrower's iuterest in the ProjJerty. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) auy notice to Borrower provided for iu this Mortgage shall be giveu by deliveriug it or by mailing sllch notice by certifìcd uJail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shaIl be given by certified mail to Leuder's address stated hereiu or to sud! other address as Lender may designate by notice to Borrower as provided hereiu. Any notice provided for iu tlJis Mortgage shall be deerned to have been given to Borrower or Lender when given in the malUJer designated herein, 13, Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located, The foregoing sentence shaIl uot limit the applicability of [¡:deral law to this Mortgage, In the event that any provision or clause of this Mortgage or the Note corillicts with aPJ-IlicalJle law, such confJict shall not affect other provisions of this t\lortgage or the Note which can be giveu effect without the couflictiug provision, and to this end the provisious of this Mortgage and the Note are declared to be severable, As used herein, "costs," "exjJeuses" and "attorneys' fees" include all SUIUS to the extent not prohibited by ajJjJlicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tinle of execution or after recordation hereof. 15, Rehabilitation Loan Agreement. Borrower shall fulfill ail of Borrower's obligations under any hOllle rehahilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may retluire Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses whiclJ Borrower may have against parties who supply lahor, materials or services in conucctiou with impro vements made to the Property. 16, Transfer of the Property or a Beneficial Interest in Borrower. If ail or auy part of the Property or any interest in it is sold or transferred (or if a beneficial interest iu Borrower is sold or transferred aud Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of aJJ Sums secured by this Mortgage, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage, If Lender exercises this option, Lender shall give Borrower notice of acceleratiou. The notice shaIl provide a period of uot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted hy this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17, Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secun:d by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the datc specified in the notice may result in acceleration of the sums secured by this Mortgage, The notice shall fmther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of 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 all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession 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 sale and the Property shall be sold in the manner prescribed by applicable law, Lender or Lender's designee may purchase the Property at any sale, The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shaJJ have the right to have any proceedings begun by Lender to euforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under tills Mortgage and the Note had no acceleration occulTed; (b) Borrower cures ail breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonahle expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in euforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Leuder may reasonably require to assure that the lien of tills Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired, Upon such payment and cure hy Borrower, this Mortgage and the obligations secured hereby shall remain in full force and etIect as if no acceleration had occurred, 19, Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security herelJJlder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shaIl, prior to acceleration under paragraph 17 hereof or abandonment of die Property, have the right to collect and retain such rents as they become due and payable. VMP-76N(WY) (0308) Page 3 of 4 ? /-, / / _____ ,I.,. '{/ Inltial.~) [/ ". t::. Form 3851 ,. .:r ....__ ·~~'S;ü;3; t', !~ r. ~ ....~ It-) . '.) t.. Del Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any tillle prior to the expiration of any period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due, All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage, Lender and the receiver shall be liable to account only for those rellls actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this !'vfortgage 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 SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other ellcumbrance with a liell which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page olle of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action, IN WITNESS WHEREOF, Borrower has executed tlús Mortgage. ·Witness ·Witness a 1# ¡-J C ./. ~¿ Ö. ¡,j/c-Y ~.¿..vv (Seal) JEIJEM IAH O. DANiEl -Borrower ! 00Ar!/)/ În - {7~ SARAH M. DANiEl - (Seal) -Burrower (Seal) -Borrower (Seal) -Borruwer (Seal) ·B orrnwer (Seal) -ßurfU\vcr (Seal) -Burrower (Seal) -ßürrower STATE OF WYOMING Lincoln County ss: The foregoing instrument was acknowledged uefore me this JEREMIAH O. DANiEl AND SARAH M, DANiEl December 14, 2005 by My Conunission Expires: 9-15-07 ~))~ Notar)' Public ßy-VI/a-/ VMP-76N(WY) (0308) Page 4 of 4 GLORIA K. BYERS. NOTARY PUBLIC C~unty of ':':"rk" State of M Unco~. (~~~ Wyoming y CommIssion Expires Sept. 15, 2007 ............... Form 3851 r-~~__, ..,'! 1';1 ii::liì3.. ~.l',.J -'-"L,-..iiU f". /Î 1"1 ¡~ /-'. 8 ':" ',) t: tJ " < (Space Above This Line For Recording Data) LOAN NO.: 5715005953 BALLOON RIDER MIN 100039257150059532 MERS Phone: 1-888,679-6377 TillS BALLOON RIDER is made this 14th day of DECEMBER, 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure the Borrower's Note (the "Note") to FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 52 AZTEC DRIVE, THAYNE, WY 83127 [Properly Addressl The interest rate stated on the Note is raIled the "Note Rate." The date of the Note is raIled the "Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider. The Lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the Note): TillS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAYBE THE LENDER YOU HAVE THIS LOAN WIn-I, WILLING TO LEND YOU THE I\WNEY, IF YOU IŒFINANCE TillS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALL Y ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN IŒFINANCING FROM THE SAME LENDER. Initials: BALLOON RIDER - MULTISTATE Page 1 of 2 LENDER SUPPORT SYSTEMS INC, BL9237XX,BLN (01/031 · ." N.iC:.03 ! 'I..\! . ~-~'i'J U.:::;-""" ~ f" r. r (' ...., 9 .' ',) \.' b, - BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants in this Balloon Rider. ~a 6. fLiJ ~ÎYl'~ SARAH M. DANIEL BALLOON RIDER - MULTISTATE Borrower Borrower Borrower Borrower Page 2 of 2 1:1-!i~7 , Date }1JJ--I ¡US I Date Date Date