HomeMy WebLinkAbout915926
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. Wh~n rec~~ded return to:
Custom Title Solutions '114 bO
2550 N. Redhill Ave. 'aarJ/'J'II10
Santa Ana., CA 92705 t f)Lt'v~
(800)756-3524 ext. 5545
Prepared By:
CHELSEA FULLMER
RECEIVED 2/10/2006 .at 3:52 PM
RECEIVING # 915926
BOOK: 612 PAGE: 124
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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MORTGAGE
TIllS MORTGAGE js made this 25th day of JANUARY, 2006 , between the Mortgagor,
WILLIAM AUSTIN HATTER, .AND CHERYL ANN HATTER, JIUSBAND AND WIFE, AS 'TENANTS
BY .ENTIRETIES
(herein "Borrower"), and the Mortgagee,
Countrywide Bank, N.A.
A NATL. ASSN. organized and existing under
the laws of 'THE UNITED STATES , whose address is
~~99 North Fairlax St. Ste.5DO, Al-exandria, VA 22314
(herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of US. .$ 40, 000. 00 , which indebtedness is
evidenced by Borrower's note' dated JANUARY 25, 2006 mId extensions and renewals thereof (herein "Note"),
providing for monthly installments of principal1U1d interest, with the balance of indebtedness, jf not sooner paid, due 1U1d payable
on FEBRUARY 01, 202~ ;
TO SECURE to Lender the xepayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all
other sums, with jnterest thereon, advanced jn 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, grant and convey 10 Lender,
with power of sale, the following described property located in the County of LINCOLN
State of Wyoming:
SEE EXHIBIT "A" ATTACHED HERETO .AND MADE A PART HEREOF,
iO
¡HIS T)OCUMENT IS FILED FOR
RECOliD BY FIDELITY NATIONAL
TITLE INS. CO. AS AN ACCOMMODATION
ONLY. IT HAS NOT BEEN EXAMINED
AS TO ITS EXECUTION OR AS TO ITS
EFFECT UPOfJ THE TITLE.
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whichl1as the address of 3333 EAST COUNTY ROAD ~~O
[Streetl
ETNA , Wyoming 8 3~~ B- ~2 84 (herein "Property Address");
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TOUETHER wjth all the linprovements now or hereafter erected on the property, and all t>JI!:~meT}tr;, rights, appurtenances
mId rents, all of which shall be deemed to be 1U1d remain a part of the property covered by this Mortgage; 1Ißd 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 covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant 1U1d
l:onvey the Property, mId that the Property is unencumbered, except for encumbrances of record. .Borrower covenantr; that
J WYOMING - SECOND MORTGAGE - 1/BO - FNMA/FHLMC UNIFORM INSTRUMENT
Page 1 of4
_ -76(WY) (0308) CHl (11/D3)(d) VMP Mortgage Solutions (800)521-7291
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Borrower warrants and win defend generally the title to the Property against 1Ùl cJaims and demands, subject to encumbrances of
record.
UNIFORM COVENANTS. Borrower and Lender covenant .and agree as follows:
1, Payment of PrincipaJ and Interest. Borrower shan promptly pay when due the principal and interest indebtedness
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 Me payable under the Note, until the Note is paid in full, a sum (herein
"Funds") equal to one-twelfth of the yeMly taxes and assessments (including condominium and planned unit development
assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of
yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any,
an as reasonably estimated initially and from time to time by Lender on the basis of a<;sessments and bins and reasonable
estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes
such payments to the holder of a prior mortgage or deed of trust jf such holder is an institutional lender.
1f Borrower pays Funds to Lender, the Funds shall be held in .an institution the deposits or accounts of which Me insured or
guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay
said taxes, .assessment<;, insurance premiums and ground rents. Lender may not charge for so holding .and applying the Funds,
.analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds
.and appJjcable law permit<; 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 unless such agreement is made or applicable law requires
such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which
each debit to the Funds wa<; made. The Funds are pledged as additional security for the sums secured by this Mortgage.
1f the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rent<;, shall exceed the amount required to pay said taxes,
assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly
repaid to Borrower or credited to Borrower on monthly installments ofFunds.lf the IDnount of the Funds held by Lender shall not
be sufficient to pay taxes, assessments, insurance premiums .and ground rents as they fall due, Borrower shall pay to Lender .any
IDnount necessary to make up the deficiency in one or more payments as Lender may require. ,
Upon payment in fun of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by
Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no
later than immediately prior to the sale of the Property or it<; acquisition by Lender, .any Funds 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, 1ÙI payment<; received by Lender under the Note
.and paragraphs I and 2 hereof' shall be applied by Lender first in payment of IDnounts payable 10 Lender by Borrower under
paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perfDrm all of BorrDwer's Dbligations under any
mortgage, deed of trust or other security agreement with a lien which ha<; priority over this Mortgage, including Borrower's
covenant<; tD make payment<; when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and
impositions attributable to the Property which may attain a priority over this Mortgage, .and leasehold payments or ground rents, if
any.
3. Hazard Insurance. BorrDwer shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fIfe, hazards included within the term' "extended coverage," and such other hazards as Lender may require and in
such IDnounts and for such periods as Lender may require.
The insurance carrier prDviding the insurance shall be chosen by BDrrower subject to approv1Ù by Lender; provided, that
such approval shall not be unrea<;onably withheld. All insurance policies and renewals thereof shall be.in a fann acceptable to
Lender and shall include a standard mortgage clause in favor of and in a fann acceptable to Lender. Lender shall have the right to
hold the policies and renewals thereof, subject to the tenns of any mDrtgage, deed of trust Dr other security agreement with a lien
which ha<; priority over this Mortgage.
lnthe event of IDss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower.
Jf the Property is abandoned by BOß'ower, or if BDrrower fails tD respond to Lender within 30 days from the date nDtice is
mailed by Lender tD Borrower that the insurance carrier offers to settle a claim for insurance benefits, 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 sums secured by
this Mortgage.
6, Preservation and Maintenance of Property; LeasehoJds; Condominiums; Planned Unit Developments, Borrower
shall .keep the Property in gDod repair and shall nDt commit waste or pennit impairment or deterioration of the Property and shall
cDmply wjth the provisions of any lease if this Mortgage is on a leasehDld. If this MDrtgage is on a unit in a condominium or a
planned unit development, Borrower shall perfomJ 1ÙI of BOß'ower's obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit
development, and constituent documents. ,
ï. Protection of Lender's Security. If Borrower fails to perfonn the CDvenants and agreements contained in this Mortgage;
or if any action or proceeding is commenced which materially affects Lender'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 action as is necessary to protect Lender's interestlf Lender required mortgage insurance as a condition of making the loan
secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the
requirement for such insurance terminates in accordance with Borrower's .and Lender's written agreement or applicable law.
Any IDnounts disbursed by Lender pursuant to this pMagraph 7, with interest thereon, at the Note rate, shall become
additional indebtedness of Borrower secured by this Mortgage. Unless BorrDwer and Lender agree tD other terms of payment,
such amounts shall be payable upon nDtice from Lender to BorrDwer requesting payment thereof. Nothing contained in this
paragraph 7 shall require Lender 10 incur any expense or take any action hereunder.
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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 consequential, in connection with any
condemnation or other taking of the 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 has
priority over this Mortgage.
10. BOITower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification
of amortization of the sums secured by this Mortgage granted by Lender to any successor in mterest of Borrower shall not operate
to release, 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 successor or refuse to extend time for payment or otherwise modify amortization of the
sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in mterest.
Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable Jaw, shall not be a
waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Severa] Liability; Co-signers, The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 16 hereof. All covenants and 1lgIeements of Borrower shall 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
convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note
or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or
make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and
without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail 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 ùnder shall be given by certified mail to Lender's address stated herein or to such other address as Lender may
designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given
10 Borrower or Lender when givtn m the manner designated herein.
13. Governing Law; Severability, The state and Jocal Jaws appJicable to this Mortgage shall be the Jaws of the jurisdiction
in which the Property is located. The foregoing sentence shall not Jimit the applicability of federal law to this Mortgage.ln the
event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions
of this Mortgage and the Note are declared to be severable. A'> used herein, "costs," "expenses" and "attorneys' fees" mclude all
sums to the extent not prohibited by applicable law or Jimited herein. ,
14, BOITower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of
execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rcl1abilitation,
improvement, repair, or other Joan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a fann acceptable to Lender, an assignment of any rights, claims or defenses which
Borrower may have against parties who supply labor, materials or services in connection with improvement,> made to the
Property .
16, Tr.ansfer of the Property or.a Beneficia] Interest in BOITower.1f all or any part of the Property or any interest in it is
sold or transferred (or if a beneficial mterest :in Borrower is sold or transferred and Borrower js not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage.
However, this option shall not be exercised by Lender if exercise js prohibited by federal Jaw as of the date of this Mortgage.
1f Lender exercises this option, Lender shall give Borrower notice of acceIeration. The notice shall provide a period of not
Jess than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Mortgage.1f Borrower fails 10 pay these sums prior to the expiration' of this period, Lender may invoke any remedies permitted by
this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and 1lgIee as follows:
17. Acceleration; Remedies. Except.as provided in par.agr.aph 16 hereof, upon BOITower's breach of .any covenant or
..agreement of Borrower in this Mortgage, including the covenants to pay when due .any sums secured by' this Mortgage,
Lender prior to .acceler.ation shall give notice to Borrower .as provided in par.agraph 12 hereof specifying: (1) the breach;
(2) the .action required to cure such breach; (3).a date, not Jess 1Ium 10 days lrom the date the notice is mailed to Borrower,
by which such breach must be cured; .and (4) that faiJure to cure such breach on or before the Date Bpecified in the notice
may result in .acceleration of the sums secured by this Mortgage. The notice shall further inform Borrower of the right to
reinstate .after Bcceler.ation and the right to bring.a court .action to .assert the nonexistence of a default or .any other defense
of Borrower to Bcceler.ation.and sale,}f the breach is not cured on or before the date specified in the notice, Lender,.at
Lender's option, may declare.all of the Bums Becured by this Mortgage to be immediately due..and pay.able without further
demand and may invoke the power of sale and.any other remedies permitted by .applic.able Jaw. Lender shall be entitled to
collect .all reasonable costs ..and expenses incurred in pursuing the remedies provided in this par.agr.aph 17, including, but
Dot limited to, reasonable .attorneys' fees.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to BOITower and to the person in
possession of the Property, jf different, in Bccordance with Bpplic.able Jaw. Lender shall mail.a copy of.a notice of the sale
to BOITower in the manner provided in par.agraph 12 hereof. Lender shall publish the notice of sale..and the Property shall
be Bold in the manner prescribed by .applic.able .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' iees ..and costs of title evidence; (b) to .all Bums Becured by this
Mortgage;..and (c) the excess, if .any, to the person or persons JegaJly entitled thereto.
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18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce 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 this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or
agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing
the covenant.. and agreement.. of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in
paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may
reasonably require to assure that the lien of this 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 by Borrower, this Mortgage and the
obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession, A.. additional security hereunder, Borrower
.hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof
or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph l7 hereof or abandonment of the Property, and at any time 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 rent.. 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, mcluding, 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 recei ver shall be liable to account only for those rents actually received.
20. Release. Dpon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to
Borrower. Borrower shall pay all costs ofrecordation, if any.
21. Wæver of Homestead. Borrower hereby waives all right of homestead exemption in the Property.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES ORDEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien 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.
.IN WITNESS WHEREOF, Borrower has executed
(Seal)
- :Borrower
W~:;:7J&
C ANN HATTER
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
-Borrower
(Sign Original Only)
STATE OF WYOMING, ~ County ss:
The foregomg inSIn"n..! was acknowledged before me Ibis g ~ f) \" 900 .L
by 11/~ ~..y~ ~ C;/tuUjL ~~-11~
My Commission Expires: ti.¡~ /7 ;L>6r- ¡fld~ ?0Ý~ ¡/~¿f1 .¿ , i+~""'£'l
Notary Public
VALERIE KITTRELL - NOTARY PUBLIC
County of
Uncoln
State of
Wyoming
My Commission EXpires April 19,2008
_ -76(WY) (0308)
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CHL (11/03)
Page4Df4
Form 3851
APN' Numbër: 36192610012500
Order ND,: 1998690
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EXHIBIT ··A··
THE FOLOWINGDESCRIBEDTRACT OF LAND IN LINCOLN COUNTY, STAlE OF WYOMING,
HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESlEAD
ÐŒMPTIONLAWS OFTHE STAlE, TO-WIT;
THAT PART OFTHE NE114NE114 OF SECTION 26, T36N R119W, LINCOLN COUNTY, WYOMING,
BEING PART OFTHATTRACT OF RECORD IN THE OFFICE OFTHE CLERK OF LINCOLN COUNTY
IN BOOK 337 OF PHOTOSTATIC RECORDS ON PAGE 195, DESCRIBED AS FOLOWS;
BEGINNING AT A SPIKE ON THE EAST LINE OF SAID NE114NE114, NOODEG 04' 054"W, 538.09
FEET, FROM THE SOUTHEAST CORNER OF SAID NE114NE114;
THENCE N89 DEG-26'-00"W.264.19 FEET, TO A POINT;
THENCE NOD DEG-04'-54"W, 289.93 FEET,TO A POINT ONTHE NORTH LINE OF SAIDTRACT OF
RECORD;
'THENCE S89 DEG-27'-03"E, 264.19 FEET, ALONG SAID NORTHLINE, 'TO THE NORTHEAST SPIKE
OF SAID TRACT, ON THE EAST LINE OF SAID NE114NE114;
'THENCE SOD DEG-04'54·'E.290..D1 FEET, ALONG SAID EAST LINE, TO'THE SPIKE OF BEGINNING;
ENCOMPASSING AN AREA OF 1:76 ACRES, MORE ORLESS;
'TOGETHER WITH A RIGHT OF INGRESS AND EGRESS AND PUBLIC UTILITIES OVER. UNDER AND
ACROSS A STRIP OF LAND FORTY (40) FEET IN WIDTH, WITH'THE SOUTHERLY LINE DESCRIBED
AS FOLLOWS;
BEGINNING AT A SPIKE ON THE EAST LINE OF SAID NE114NE114, NOODEG-OO'-54"W, 489,09 FEET
FROM THE SOUTHEAST CORNER OF SAID NE114NE114;
'THENCE N89 DEG-26'-00"W. £5.00 FEET, ALONG THE SOUTH LINE OF SAID TRACT IN BOOK 337,
'TO A POSITION;
SUBJECT TO A PERPETUAL EASEMENT FOR ALL UTILITIES ALONGTHE NORTH TWENTY (20)
FEET OFTHE ABOVE DESCRIBED TRACT, APPURTENANTTOTRACT A-AMENDED (2) AS
DEPICTED ON THE PLAT REFERENCED BELOW; AND
SUBJECTTO AN EASEMENT FOR.EAST ETNA COUNTY ROAD NO, 12-110 AND OTHER
.EASEMENTS OF RECORD;
'THE BASE BEARING FORTHISSURVEY IS THE EAST LINE OFTHE NE114 OF SECTION 35,'T36N
R119W,BEING NORTH;
.EAST "CORNER" FOUND AS DESCRIBED INTHE CORNER RECORD F1ŒD ORìO BE F1ŒDIN
THE OFFICE OFTHE CLERK OF LINCOLN COUNTY;
.EAST "POINT" MARKED BY A 5/8" X24" STEEL REINFORCING ROD WITH A2" ALUMINUM CAP
INSCRIBED, "SURVEYOR SCHERBELLìDBIG PINEY WY PLS 5368", WITH APPROPRIAlE
DETAILS;
.EACH "SPIKE" MARKED BY A 3/8" X 12" STEEL SPIKE AND REFERENCED WITH A 518" X24" STEEL
REINFORCING ROD WITH 2" ALUMINUM CAP INSCRlBED, "SURVEYOR SCHERBELLìD BIG PINEY
WY PLS 5368", WITH APPROPRIAìE DETAILS;
WITH THE APPURTENANCESTHERETO.
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