Loading...
HomeMy WebLinkAbout917110 OOC604 w ,~, .., 'J" .' .(. \, ,j i, ~ ~ MORTGAGE 961702 D IF.BOX1S CHECKED, THIS MORTGAGE SECURES FUTURE ADVANCES. THIS MORTGAGE is m1ide 1his 2ìTtJ .day of MARCtJ TROY A, JANSEN AND KIMBERlEE A. JANSEN, tJUSBAND AND THE ENT I RET IES (herein "Borrower"},JUldMortgagee BENEfiCIAL WYOMING INC. .a corpor.ation organized JUld cexisting under ihe laws of WY OM I NG 1353 DEWAR DRIVE, :PlAZA MAll STE 8, ROCK SPRINGS, WY {herein ".Lender"}. 20 DB , between ihe Mortgagor, WifE AS TENANTS BY , whose .address .is 82901 The following paragr.aph preceded by a checked box.is .applicable. m WHEREAS, Borrower .is indebted to Lender in the principal sum of .$ 19ì ,485 . Bì , ~vtreïï'ced by Borrower's Loan Agreement .dated MARCtJ 2ì, 2005 .and JUly t:rtensions or renew.al.s 1hereof (including ihose pursuant to JUly Renegotiable Rate Agreement) (herein "Note"), providing for monthly .insta11men1sof principal.and interest, including.any .adjustments to the .amount of payments or 1he contract rate if iliat rate is variable, wi1h ihe balJUlce of ihe indebtedness, if not sooner paid, due JUld payable on MARCtJ 2ì, 2025 o WHEREAS, Borrower is indebted to Lender in ihe principal sum of $ , or so much ihereof .as may be .advanced pursuant to Borrower'.s Revolving LoJUl Agreement .dated .and t:rtensions .and renew.al.s 1hereof (herein "Note"), providing for monthly installments, .and interest .at ihe r.ate.and under 1he terms .specified in 1he Note, including.any .adjustments in 1he interest r.ate if iliat r.ate is v.ariable, .and providing for.a credit limit Btated in ihe principal Bum .above JUld .an initial.adv1l11Ce of .$ TO SECURE to Lender ihe repayment of (1) 1he indebtedness ~videnCed by 1he Note, wi1h interest thereon, including .any increases if ihe contract r.ate is variable; (2) future .adVJUlces under JUly Revolving Loan Agreement; (3) ihe payment of .all other SUmB, wi1h interest thereon, .adv.anced in .accordance herewi1h to protect ihe .security of this Mortgage; .and (4) ihe performance of ihe covenants and agreements of Borrower herein contained, Borrower !ioes hereby mortgage, gr.ant .and convey 10 L'e!l!ier and Lender's Buécessors and .assigns ihe following .described property located in the County of 11 NC01N State of Wyoming: (". 'Î è\ 1.--/ lOT BO Of NORDIC RANCHES DIVISION NO. D, llNC01N COUNTY, WYOMING AS DESCRIBED DN Tt1E OffiCiAl :PlAT TtJEREOf. RECEIVED 3/30/2006.3t 11:1BAM RECEIVING# 917110 BOOK: 615 PAGE: 604 JEANNE WAGNER LINCOLN COUNTY ClERK, KEMMERER, WY which bas ihe.address of 173 BUCKSK I N WAY, :PO BOX 5252, (Sir~t) ETNA (City) ~')l '4::;- Wyoming 83118 (Zip .corle) (herein "Property Address" ); l1-11-D5 MT£ I WII~JI~JIIIIJ~llm~1 m II~I m~II~IJIII~II~ ~~I ~Wlllm IIIIß~ ~IIIßIIIßIIIß~JI~ ~IIIIIIIIIß~I UIIUIIß~I m~11I WI WYDD14Dl J647f3Bf5T98MTB90DDWYDD14010*~JANSfN ~)i¡!llii~~~i~W:f: ~ DRIGINAl ~, '\·:fU·rL. r ~·,..&dV -2- CO C 605 TOGÈ'THER with. all the- improvements' now or hereafter erected on the- property, and all easements', rightS', appurtenanceS' and rentS', all of which shall be- deemed to be- and remain apart 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 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, and Borrower warrants and will defend generally the- title- to the Property against all claimS' and demandS', subject to encum brances of record. ' UNIFORM COVENANrS. Borrower and Lender covenant and agree- as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late- Charges. Borrower shall pay when due- the- principal of, and interest (including any variationS' in interest resulting from changes in the- Contract Rate that may be- specified in the- Note) on, the debt evidenced by the Note- and any prepayment chargeS' and late- chargeS' due- under the Note-. Borrower shall also pay fundS' for Esctow ItemS' pursuant to Section 3. Payments' due under the- Note- and this Security Instrument shall be- made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due- under the Note- and this Security Instrument be made in one or more of the- following formS', as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check. treasurers check or cashier's check, provided any such check is drawn upon an institution whose- deposits are insured by a federal agency, instrumentality,.or entity; or (d) Electronic FundS' Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be- designated by ~ender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights' hereunder or prejudice to its' rights to refuse- such payment or partial payments in the- future, but Lender is not obligated to apply such. payments' at the- time- such payments' are accepted. If each Periodic Payment is applied as of its scheduled due- date-, then Lender need not pay interest on unapplied fundS'. Lender may hold such unapplied fundS' until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable- period of time-, Lender shall either apply such fundS' or return them to Borrower. If not applied earlier, such fundS' will be applied to the- outstanding principal balance under the- Note- immediately prior to foreclosure. No offset or claim which Borrower might have- now or in the- future against Lender shall relieve- Borrower from making paymentS' due under the Note and this Security Instrument or perførming the covenants' and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise- described in thiS' Section 2 or as may be- required by the- Note- andJor applicable-law, all payments' accepted and applied by Lender shall be- applied in the- following order of priority: (a) interest due under the- Note; (b) principal due- under the- Note-; (c) amounts' due- under Section 3. Such payments' shall be- applied to each Periodic Payment in the- order in which it became- due-. Any remaining amounts' shall be applied first to late charges, second to any other amounts' due- under this Security Instrument, and then to reduce the- principal balance- of the- Note-. If Lender receiveS' a payment from Borrower for a delinquent Periodic Payment which includeS' a sufficient amount to pay any late- charge due, the- payment may be- applied to the- delinquent payment and the late- charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the- Periodic Payments if, and to the extent that, each payment can be paid in full. To the- extent that any excess exists' after the- payment is applied to the full payment of one- or more Periodic Payments, such excess may be- applied to any late- charges due-. Voluntary prepayments' shall be applied first to any prepayment charges and then as described in the Note. Any application of payments', insurance proceeds, or Miscellaneous ProceedS' to principal due- under the Note- shall not extend or postpone the- due- date, or change- the- amount, of the- Periodic Payments'. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due- under the- Note-, until the- Note- is' paid in full, a sum (the "FundS''') to provide- for payment of amounts' due for. (a) taxeS' and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the- Property; (b) leasehold payments or ground rents' on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiumS', if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments', if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish. to Lender all notices of amounts to be- paid under this Section. Borrower shall pay Lender the- FundS' for Escrow Items unless Lender waiveS' Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the- event of such waiver, Borrower shall pay directly, when and where payable-, the amounts due- for any Escrow Items for which payment of FundS' has been waived by Lender and, if Lender requireS', shall furnish to Lender receipts evidencing such. payment within such time period as Lender may require. Borrower'S' obligation to make such payments and to provide receipts shall for all purposes be- deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agree-ment" is' used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section T and pay such amount and Borrower shall then be obligated under Section T to repay to Lender any such amount. Lender may revoke the- waiver as to any or all Escrow Items at any time- by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time- specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement ProcedureS' Act (12 U.S.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 35000), as they might be amended from time to time-, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the- amount of FundS' due- on the basis of current data and reasonable- estimates of expenditures of future Escrow Items or otherwire in accordance, with Applicable, Law. The, FundS' shall be- held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home- Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time-specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the- Escrow Items, unless Lender payS' Borrower interest on the, Funds and Applicable Law permits Lender to make suèh a charge. ll-ll-mi MTû *Jfi47FJ8F5T98MTG9000WY00140Z0**JANSEN * ORIGINAL WY0IT140l ~-fJ III~III ~II ~III ~~III~n IIIIIII~ I~IIIII~ ~IIIIIIIII~~ ml~IIIIIIIIIII~II~lIlmll~1I1111 ~1111~lIllmll~~ 11m 11~IIIIIIIII~nlllm ;1]l~lit 091. 7~.10 -3- OOf606 Üniešg An'AWeement is made in writing or Applicable Law requires interest to be paid on 1he Funds, Lendèr .shall not be required to pAy Borrower 1I11Y interest or earnings on the Funds. Borrower.and Lender can .agree in wriring, bowever, that interest shall be paid on 1he Funds. Lender .shall give to Borrower, wi1hout charge, 1111 .annual.accounring of 1he Funds .as required by RESPA~ If there is .a surplus of Funds beld in escrow, .as defined under RESPA, Lender Bhall Account to Borrower for the excess funds in Accordance wi1h RESPA.If 1here is 11 .shortage of Funds held in escrow, .as Defined under RESPA, Lender Bhall notify Borrower .as required by RESP A, 1I11d Borrower .shall pay to Lender 1he .amount necessary to :make up the shortage in .accordance wi1h RESPA, but in no more than 12 monthly payments. If there is 11 Deficiency of Fuhdsheld in escrow, .as Defined under RESP A, Lender .shall notify Borrower .as required by RESP A, 1Ind Borrower Bhall pay to Lender 1he .amount necessary to mAke up 1he deficiency in .accordance with RESPA, but in no more 1han 12 mon1hly payments. Upon p1lyment in full of 1111 sums .secured by 1his Security Instrument, Lender .shall promptly refund to Borrower .any Funds held by Lender. 4. Prior Mortgages .and Deed of Trust; Cl1.arges; Liens. Borrower Bhall perform .all of Borrower's obligations under .any mortgage, deed of trust or other .security .agreement wi1h .a lien which has priority over 1his Mortgage, including Borrower's covenants to make payments when due. Borrower .shall payor cause to be paid .all taxes, .assessments .and o1her charges, fines 1I11d impositions .attributable to the Property which may .attain a priority over 1his Mortgage, .and leasehold payments or ground rents, if Any. 5. fuz.arD lnsur.ance. Borrower .shall keep the improvements now~sting or bereafter erected on the Property insured Against loss by fire, hazards included within the term "extended coverAge," .and Buch other hazards .as Lender may require .and in such .amounts .and for such periods .as Lender may require. The insurance carrier providing the insur1l11ce shall be chosen by 1he Borrower Bubject to approval by Lender; provided, that such Approval .shall not be unreasonably withhelD. All insur1l11ce policies and renewals thereof £hall be in .a form .acceptable to Lender .and £hall include A standard mortgage dause in favDr Df .and in .a fDrm llcceptable to Lender. Lender .shall have 1he right to bDld the policies 1I11d renewals thereDf, subject to the terms of 1I11Y mortgage, Deed of trust or o1her security Agreement with A lien which has priDrity over this MDrtgage. In the event of loss, Borrower £hall give prompt nDtice tD 1he insur1l11ce cArrier 1I11d Lender. Lender:m1lY make proof of IDSS if nDt made promptly by BorrDwer. Unless Lender .and BorrDwer otherwise Agree in wriring, insurance proceeds Bhall be Applied to restoration or repair of the Property Damaged, if the restorAtion Dr repAir is economically feasible 1I11d Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender'B Becurity would be lessened, 1he insur1l11ce proceeds .shall be Applied to 1he Bums secured by this Security Instrument, whe1her or not 1hen Due, wi1h .any excess paid to Borrower. If 1he Property is .ab1l1ldoned 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 insurance carrier offers to settle a clAim for insur1l11ce benefits, Lender is .authorized to collect 1I11d .apply the lnsur1l11ce proceeds At Lender'B option ei1her to restorAtion or repair of 1he Property or to the sums Becured by 1his MDrtgage. Unless Lender .and Borrower otherwise agree in writing, 1I11Y application of proceeds to principAl .shall not extend, Dr postpDne the Due Date of the mon1hly pAyments referred to in paragrAphs ], 2 1I11d 3 Dr change the .amount of the payments. If under paragr1lph ]7 the Property is Acquired by Lender, Borrower's right to .any insur1l11ce policies .and proceeds resulting from Damage to the Property prior to the .acquisition .shall pass to Lender tD the extent of1he BUms .secured by 1his Security Instrument immediately prior to the .acquisition. 6. P.reserv.ation .and M.aintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower .shall keep the Property in good repAir .and £hall not commi~ wllSte or permit impairment or DeteriorAtion of the Property .and.shall comply wi1h the provisions of .any lease if 1his Mortgage is on a leasehold. If 1his Mortgage is on A unit in 11 condominium or.a planned unit development, Borrower £hall perfDrm all of Borrower's obligations under 1he Decl1lratiDn or covenants creating or governing the condDminium or planned unit Development, 1he by-laws lInd regulations of the condominium or planned unit development, .and constituent dDcuments. 7. Protection of Lender'j¡ Security. If BorrDwer fAils to perform 1he covenants.and lIgreements contained in this MDrtgage, Dr if 1I11Y 1Iction or proceeding is commenced which materially Affects Lender's interest in the Property, 1hen Lender, .at Lender's option, upon notice to Borrower, may :make such Appearllnces, Disburse such BUms, including reasonable .attomeys' fees, 1I11d take Buch .action .as is necessary to protect Lender'B interest. If Lender requires mDrtgage lnsur1l11ce .as .a condition of making the ID1I11 .secured by 1his Mortgage, Borrower Bhall pay the premiums required to maintain such lnsurllnce in effect until Buch time .as the requirement fDr such lnsur1l11ce terminates in liCcordance wi1h Borrower's .and Lender's written .agreement Dr 1Ipplicable law. Any .amounts Disbursed by Lender pursuant to 1his par.agrllph 7, wi1h interest thereon lit the .applicable Contr1!Ct Rate, £hall become .additiDnal indebtedness of Borrower .secured by this Mortgage. Unless Borrower .and Lender lIgree to other terms of payment, such lUIlDunts.shall be pAYAble upon .notice from Lender to Borrower requesting payment thereof. Nothing cDntained in 1his parllgraph 7.shall require Lender to incur.any expense or take.any .action hereunder. 8.lnspection. Lender mliY take 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 therefore relßted to Lender's interest in the Property. 9. Condemna1ion. Tbe proceeds of 1I11Y .awArd or claim for Damages, Direct or consequential, in cDnnection with.any condemnation or other 1aking of the Property, or part 1hereof, or for conveY1l11ce in lieu of cDndemnation, .are hereby .assigned .and .shall be paid to Lender, subject to 1he terms of .any mDrtgage, Deed of trust or o1her .security lIgreement with a lien which has priority over this MDrtgage. 10. Borrower Not .Released; .Forbear.ance .By Lender Not .a W.aiver.Extension Df the íime fDr payment Dr mDdificatiDn of .amDrtizatiDn of the sums secured by this MDrtgage gr1l11ted by Lender tD .any successDr in interest Df Borrower.shall not Dperate tD release, in 1I11Y manner, the liability Df the original BorrDwer.and BDrrower'B BUccessors in interest. Lender .shall not be required to commence proceedings lIgainst such successor or refuse to extend time for payment or otherwise modify .amDrtizatiDn of 1he Bums .secured by this MDrtgage by reason Df 1I11Y Demand m.ade by the original BorrDwer .and BDrrower's successors in interest. .Âny forbearance by Lender in exercising .any Tight or remedy hereunder, Dr otherwise morded by lIpplicable law, Bha1l nDt be.a wlliver of or preclude the exercise Df.any Buch Tight Dr remedy. 11. Successors .and Assigns Bound; Joint .anD Sever.al Liability; Co-signers. The covenants .and.agreements herein contained 1>hall bind, .and the rights bereunder shall inure to, 1he respective successors .and .assigns of Lender .and BorrDwer, Bubject to the prDvisions of paragr.aph 16 hereDf. All covenants 1I11d Agreements of Borrower.shall be joint .and .severll1. .Âny Borrower who co-.signs this MDrtgage, but doesnot execute the Note, (a) is co-signing 1his Mortglige only to mortgage, gr1l11t .and convey that Borrower's interest in the Property to Lender under 1he terms of this Mortgage, (b) is not personally liable on the Note or under this MDrtgage, .and (c) .agrees that Lender .and .any o1her l1-11-D5 MTG I ~119JI~ JIIIIJIIIIBI/II 91 I~I mm 91JIIMI ~ mil ~~IIIIMIIIIIßII ~IIIIIIIIIIIIIII~IIM mlllJllllJlll1 9I1UIIß~III~~111 ~II ~¡¡!¡¡m~l;¡n;lli~647f 3 Bf519BMTG9 OOOWY DO 1403D"* JANSEN f.¡~¡¡~*¡¡~¡~¡¡i:¡ -I< OR I G I NAL WYDDl4D3 ~~ /" ~.. .... 'f . 091..7~.10 + COrS07 Borrower hereunder may agree- to extend. modify, forbear, or make any other accommodatiofl5 with regam to the- terms of this Mortgage or the Note without that Borrowers consent and without releasing that Borrower or modifying this Mortgage as to that Borrowers 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 applicable- law contained in the Note shall control. Where no applicable-law is contained therein, 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!; obligatiofl5 under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lenders 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, material!; or services in connection with improvement!; made to the- Property. 16. Transfer of the- Property. If Borrower seU!; or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate- to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, or (c) the grant of any leasehold interest of three years or less not containing an option to purchase, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue- to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be- immediately due and payable.' If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the- date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. Lender may, without further notice or demand orr Borrower, invoke any remedie!; permitted by paragraph 11 hereof. NON-UNIFORM COVENANTS. Borrower and Lerrder further coverrant and agree as follows: 11. Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise- required by law, upon Borrower'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 acceleratiol1 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 whicl1 such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result il1 acceleratiol1 of the sums secured by this Mortgage. The notice shall further 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 optiOl1 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 11, including, but not limited to, reasonable- costs and expenses incurred in pursuing the remedies provided in this paragraph 11, including, but not limited to, reasonable attorneys' fees. Ir 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'!; 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 pay!; Lender all sums which would be then due under thi!; 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 pay!; all reasonable expense!; incurred by Lender in enforcing the covenant!; and agreements of Borrower contained in thi!; Mortgage, and in enforcing Lender's remedies as provided in paragraph 11 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, thi!; Mortgage and the obligatiofl5 secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possesion. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleratiorr under paragraph 11 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 11 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 rents of the Property including those past due. All rent!; 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 receivers 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 rent!; actually received. 11-11-0!i MTU III~IIIIIIIIIIII ~~III~HIIIIIII~ IIIIIIII~ ~IIIIIIIII~~ 1~1~11111I11111~llmll~1I111I11I1111111 mllll~III~~ 11m 11m I~IIIII~~ 111m f!i:i~f.:::s.~@~:~:") :!:illi:J!sR~S0 WY001404- ~A--1 *J647F38FST98MTG9000WYOOI4040**JANSEN * ORIGINAL '\, ' a 09i?:!.10 -6- 000608 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERJOR MORTGAGES OR DEED OF TRUST Borrower.and L~nder request ihe holder of 11ny Mortgage, Deed of Trust or other encumbrll11ce with 11 lien which.has priority over i:his Mortgage io give Notice to Lender, 11t Lender's 1iddress set forth on page one of this Mortgage, of lI11Y defa}Jlt, under the superior encumbrll11ce.and of 11ny Bale or other foreclosure 11ction. IN WJTNESS WHEREOF, Borrower has executed this Mortgage. Signed, .sealed.and .delivered in the presence of: ~l/~ ~y Â. ~/.&SEN . ldJ)fJJl,O - ~ ERLRE Â. JANSEN (SEAL) -Borrower (!~RAL) -BQrTower STATE OF WYOMING, rn\Ir.m .N County £5: The foregoing instrument was -acknowledged before me by TROY Â. JANSEN.AND lITMHRRTF¥ Â. JANSEN, ±lUEllilliD AND WH:E.AS 'TENANTS :BY :THE :ENTIlŒT.TES i:his 27TH .day of MARCH ,20 Of, WJTNESS my hand.and officiAl .seal. STATE OF WYOMING, ~~Á~~¿/-~ Notary Public ~ (7 Theforegoing instrument WBS .clrnowledged before me by h zf: J:lUl~, f ¿~ k fee. + -b9wt i:his ;> I .day of /(7lâ<....øA- , 10 £) b . Jtu~~ Wi) arc! lUife OS "Ìernrrh" bd %e <L%re.~e5 WJTNESS my hand .and official seal. ~d~-ýß'~ My commision expires: County £5: My commiBion expires: ~ /1 ).LJ{) r VALERIE KITTRElL - NOTARY PUBUC County of ~ State of Uncoln ., Wyoming My Commission expires April 19,2008 (SpllCti Below This Line Reserved For Lender ~ RtICOrder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60116 11-11-DS MTG WYDD14DB I WII~ II~ JllllmBI~1 UlII~1 ~~I UIJIIIIIII~ B~IB~IIIII~IIIII]III ~III]IIIIJIIIIII~ III~ ~IIII IIIII JI~I UIIIIIII]II~JI~IIIIIBlI ;*:~i:::::::~~:::::i~ j~:~~~~.:~:;: 47f3Bf519BMTG9000WY0014060**JANSEN ORIGINAL Q't17" 1.0 -5- ' CiO C 6 0 9 20:~é'!se:':"Upon payment of all sumS' secured by thiS' Mortga~. Lender shall release this Mortga~ without charge to Borrower. Borrower shall pay all costs' of recordation, if any. l!. Waiver of Homestead. Borrower hereby waiveS' all right of homestead exemption in the Property. 22.. Arbitration. Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortga~. '~This space intentionally left blank'~ IT -IT -O!i MTIi WYOOT40!i III~II ~II~II ~~ Imnlllllll~ 1~IRlI~ 1IIIInllrl~~ I~m 1IIIIIIIIInl~II~III~III~r ~lrl~lIlllnll~1 m m~ m~~ 111m yÞ ~J647F38F~98MTG9000WYOOT40~O"JANSEN ~ ORIGI.NAL tIili[~~it "