HomeMy WebLinkAbout916184
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When Recorded Mail To:
FIRST FINANCIAL
CORPORATION
665 SOUTH WOODRUFF
IDAHO FALLS" ID 8340~
000854
56
~š
RECEIVED 2/23/2006 at 12:50 PM
RECEIVING # 916184
BOOK: 612 PAGE: 854
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
REISENAUER
LOAN NUMBER; 060109001
IJ
THIS MORTGAGE is made this 2~ST day of FEBRUARY, 2006
JOHN P REISENAUER AND MARTHA J REISENAUER,
HUSBAND AND WIFE.
, between the Mortgagor,
(herein "Borrower"),
and the Mortgagee. FIRST FINANCIAL CORPORATION
a corporation organized and existing Wlder the laws of IDAHO
665 S WOODRUFF AVE IDAHO FALLS, ID a340~
, whose address is
(herein "Lender").
WHEREAS, Borrower is indebted to Lender in the Principal sum of U.S. $ ~20, 000.00
which indebtedness is evidenced by Borrower's note dated FEBRUARY 2~, 2006 and extensions
and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance
of indebtedness, ifnotsooner paid, due and payable on FEBRUARY 24, 2007
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 perfonnance of the covenants and agreements of Borrower herein contained, Borrower does
hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in the
COWlty of LINCOLN State ofWyom.ing:
LOT ~5 OF STAR VALLEY RANCH PLAT ~5, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL
PLAT THEREOF.
WYOMIN G - SECOND MORTGAGE - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT
DOCUSWYl Page I of7
DOCU5WY1.VTX 04/02/2001
Form 3851
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which has the address of
368 SNOW FOREST DR, THAYNE
[Street]
[City]
(herein "Property Address");
Wyoming 83127
[Zip Code]
TOGETHER with aU the improvements now or hereafter erected on the property, and aU easements, rights,
appurtenances and rents, aU of which shall be deemed to be and remain a part of the property covered by this
Mortgage; and aU 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 and convey the Property, and that the Property is unencumbered, except for encumbrances of
record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to encumbrances 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
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 are payable under the Note, until the Note is
paid in fuU, a sum (herein "Funds") equal to one-twelfth of the yearly 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, all as reasonably estimated initially and
from time to time by Lender on the basis of assessments and bills 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 if such a holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which
are 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, assessments, 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 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 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 was made. The Funds are pledged as additional security for the sums secured by this Mortgage.
If 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 rents, shall exceed the amount required
to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shaU be, at
Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If
the amount of the Funds held by Lender shaU not be sufficient to pay taxes, assessments, insurance premiums and
ground rents as they faU due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one
or more payments as Lender may require.
Upon payment in fuU 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 shaU apply, no later than immediately prior to the sale of the Property or its 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, all payments received by Lender
under the Note and paragraphs 1 and 2 hereof shaU be applied by Lender first in payment of amounts payable to
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 perform aU of Borrower's
obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this
Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid aU
taxes, assessments, and other charges, fmes and impositions attributable to the Property which may attain a priority
over this Mortgage, and leasehold payments or ground rents, if any.
DOCUSWY2
DOCUSWY2 ,VTX 04/02/2001
Page 2 of7
Form 3851
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5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fIre, hazards included within the tenn "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 thereof shall
be in a fonn acceptable to Lender and shall include a standard mortgage clause in favor of and in a fonn acceptable
to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the tenns of any
mortgage, deed of trust or other security agreement with a lien which has priority over this 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 fi-om the
date notice is mailed by Lender to 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; Leaseholds; Condominiums; Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or pennit impainnent
or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold.
If this Mortgage is on 11 unit in a condominium or a planned unit development, Borrower shall perfonn all of
Borrower'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.
7. Protection of Lender's Security. If Borrower fails to perfonn the covenants 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, 11t Lender's option, upon notice to Borrower, may make such appearances, disburse such
sums, including reasonable attorney's fees, and take such action liS is necessary to protect Lender's interest. If
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 liS the requirement for such insurance
tenninates in accordance with Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, 11t the Note rate, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other
tenns of payment, such amounts shall be payable upon notice fi-om Lender to Borrower requesting payments
thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action
hereunder.
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 tenns of any mortgage, deed of trust or other security
agreement with a lien which has priority over this Mortgage.
10. Borrower 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 interest 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 interest. Any forbearance by Lender in
exercising any right or remedy hereunder, or otherwise afforded by 11pplicable law, shall not be a waiver of or
preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants IDld 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 agreements of Borrower shall be
joint IDld several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this
Mortgage only to mortgage, grant IDld convey that Borrower's interest in the Property to Lender under the tenns of
this Mortgage, (b) is not personally liable on the Note or under this Mortgage, IDld (c) agrees that Lender and any
DOCU5WY3
DOCU5WY3 04/02/2001
Page 3 of7
Form 3851
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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 releæing 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 Lender 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 to Borrower or Lender when given in the manner
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 shall not limit the applicability of Federal
law to this Mortgage. In 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. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by
applicable law or limited herein.
14. Borrower'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
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at
Lender's option, may require Borrower to execute and deliver to Lender, in a form 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 improvements made to the Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. Ifall or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is 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 is
prohibited by federal law as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days ITom 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 by this Mortgage without further notice or demand on Borrower.
NON-UNIFORM CONVENANTS. 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 Bny sums
secured by this Mortgage, Lender prior to Bcceleration shall give notice to Borrower as provided in
paragraph 10 hereof specifying: (1) the breach; (2) the action required to cure such bre.ach; (3) a date, not
less than 10 days from the date the notice is mailed to Borrower, by which such bre.ach must be cured; and (4)
that failure to cure such breach on or before the date specified in the notice JWly result in Bcceleration of the
sums secured by this Mortgage. The notice shall further inform Borrower of the right to reinstate after
Bcceleration and the right to bring a court action to assert the nonexistence of B default or any other defense
of Borrower to acceleration Bnd sale. If the breach is not cured on or before the date specified in the notice,
Lender at Lender's option may declare Bll 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 Jaw. Lender shall be entitled to collect Bll re.asonable costs and expenses incurred in pursuing the
remedies provided in this paragraph 17, including, but not limited to, reasonable Bttorneys' fees.
If Lender invokes the power of sale, Lender shall give notice of intent of foreclose to Borrower and to the
person in possession of the Property, if different, in accordance with applicable Jaw. 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 Jaw. 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 expense of the sale, including, but not limited to, reasonable attorneys'
DOCU5WY4
DOCU5WY4, VTX 04/02/2001
Page 4 of7
Form 3851
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wer has executed tlùs Mortgage.
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- ORROWER - JOHN P REISENAUER - DATE -
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[Space Below This Line For Acknowledgment]
STATE OF ~ 041+0
COUNTY OF fu,\j\Ôeu~L~
The foregoing instrument was acknowledged before me by
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DOCUSWY7
DOCUSWY7, VTX 7/31/2002
Page 7 of7
Form 3851
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091.6184
=OC860
SECOND HOME RIDER
1tE1:SENATJER
LOAN t; 060109001
This Second Home Rider is made on this FEBRUARY 21, 2006 , 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," whether there
.are one or more persons undersigned) to secure Borrower's Note to FIRST FINANCIAL
CORPORATION
(the "Lender") of the same date and covering the property described in the Security Instrument (the
"Property"), which is located at:
368 SNOW FOREST DR, THAYNE, WY 83127
[property Address]
In .addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree that Uniform Covenant 6 of the Security Instrument is deleted and is replaced by
the following:
6. Occupancy and Use; Preservation, Maintenance and Protection of the Property;
Borrower's Loan Application; Leaseholds. Borrower shall occupy, and shall only use,
the Property as Borrower's second home. Borrower shall keep the Property available for
Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to
any timesharing or other shared ownership arrangement or to any rental pool or agreement
that requires Borrower either to rent the Property or give a management firm or any other
person any control over the occupancy or use of the Property. Borrower shall not destroy,
damage or inlpair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil
or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or
Lender's security interest. Borrower may cure such a default and reinstate, as provided in
Paragraph ~ 8 , by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in
the Property or other material impairment of the lien created by this Security Instrument or
Lender's security interest. Borrower shall also be in default if Borrower, during the loan
MULTISTATE SECOND HOME RIDER 1104 (page] of2)
DOCUX381
DOCUX381. VTX 08/25/2005
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application process, gave materially false or inaccurate Ù1fonnation or statements to Lender
(or failed to provide Lender with any material infonnation) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's
occupancy and use of the Property as a second home. If this Security Instrument is on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires
fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
accepts and agrees to the terms and provisions contained m this Second Home
-Z~2
RROWER - JO P REISENAUER - DATE -
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- B RROWER - THA J REISENAUER - DATE -
MULTISTATE SECOND HOME RIDER
DOCUX382
D~82,VTX 08/25/2005
1104 (page 20f2)
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[Space Above This Line For Recording Data]
BALLOON RIDER
BEISENAUER
.LOAN t; 060~0900~
TlllSBALLOON RIDER is made this 21ST day of FEBRUARY, 2006 . and is incorporated mto
.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 ("Borrower") to secure Borrower's Note (the "Note") to
FIRST FINANCIAL CORPORATION
(the "Lender") of the same date and covering the property described in the Security Instrument.and located at:
368 SNOW FOREST DR, THAYNE, WY 83127
[property Address]
The interest rate stated on the Note is called the "Note Rate", The date of the Note is called 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):
THIS 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 MAY BE THE LENDER YOU HAVE TillS LOAN WITH,
WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE TillS LOAN AT MATURITY, YOU
BALLOON RIDER-MULTISTAlE (01/97)
~1l{i.IVTX 08/25/2005
Page 1 ofl
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031.6184
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MA Y HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH
A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
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OWER - JOHN P REISENAUER - DATE -
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- BO OWER - REISENAUER - DATE -
BALLOON RIDER-MULTISTATE (01197)
DOCUBRH2
DOCUBRH2.VTX 08/25/2005
Page 2 of2
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