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HomeMy WebLinkAbout917545 (City) ~. ~ r0nl~'2 lJ \_1 \.... ~";;f 1 MORTGAGE 95 nD2 o lFBOX1S CHECKED, THIS MORTGAGE5ECURES FUTURE ADVANCES. THIS MORTGAGE is 1Illide 1his 11TH day of APR 11. MAUDRY ~. WINTERS AND AHSIA ~. WINTERS, HUSBAND AND WIFE 2005 , between 1he Mortgagor, (nerein "Barrawer" ),.and MartgaEee BENH I C I Ai WYOM I NG I NC , ..a .carpor.atian arganized.and existinE under the laws of WYOM I NG 1353 DEWAR DRIVE. PLAZA MALL STE 8. ROCK SPRINGS, WY B2901 (.herein "Lender"). , whaBe .address .iB Tne follaw.inE par.aET.apn preceded by.a .cnecked bax is .applicable. ~. m "WHEREAS, Barrawer is indebted to. Lender in the principal Bum of $ 192 ,595 .58 , ~v~ed by Barrawer's La1U1 Agreement dated APR IL 11, 2005 .and .any extensians ar renew.al.s thereaf (.includinE thaBe pursuant ta.any ReneEatÎable Rlite Agreement) (nerein "Nate"), providinE far manthly installments of pr.in.cipal .and interest, .inc1udinE .any .adjustments to. the .amaunt af payments ar the .contract r.ate if that r.ate.iB v.arÚlble, with ilie balance of 1he indebt~dn~f:R,lf nat saaner paiD, .due.and plly.able on APR 11. 11, 2035 o "WHEREAS, Barrawer .iB indebted to. Lender in ilie principal sum of $ , or so mucn1hereof ..as 1IlliY be .adv.anced pursuant to. Barrawer's Reval v.ing La1U1 Agreement .dated .and xmensions ..and renewals thereaf (nerein "Nate"), providing far manthly .installments, ..and .interest .at ilie r.ate.and under the terms BpeCiiied .in the Note, including .any .adjustments in the .interest r.ate if thlit r.ate.iB v.arÚlble,..and providinE far .a .credi11imi1 Btated.in the pr.incipll1 sum .abave.and .an .initial.adv.ance of $ TO SECURE to. Lender ilie repayment af (1) the indebtedness evidenced by the Nate, with interest therean, including.any .increases if the .cantr.act nte is v.arÚlble; (2) future.adv.ances under.any RevalvinE La1U1 Agreement; (3) the :payment af.aII other Bums, with .interest therean, .adv.anced in .accardance .herewith to. protect 1he security of this MortgaEt:; ..and (4) the perfarmance of the caverumts .and .aETeements of Barrawer herein .cant1:Úned, Barrawer .does nereby martga,ge, gr.ant..and .canvey to. L~nder .and Lender's successars.and ..assigns ilie iallaw.ing .described property lacated in ilie Caunty of 1. I NC01.N State of WyominE: -1DT 3 DF GREEN VALLEY SUBDIVISION. LINCo.LN :COUNTY, WYDMING AS DESCRIBED ON T~E OFFICIAL PLAT FILED ON~UNE 0, 1981 AS INSTRUMENT NO. 559314 Df T~ RECORDS Of THE LINCOLN COUNTY :CLER K . "\ "_.....1 RECEIVED 4/17I2D06.at 1 :48 PM RECEIVJNG =# 917545 BOOK: 617 PAGE: 122 .JEANNE WAGNER . .._~~~oLN COUNTY ClERK, KEMMERER, WY t-~ wmcnfuis1he.address af ì1 BET5Y Cì Po. BOX 42BI (Strfe1) BEDFORD Wyoming I 831 12 .(Zip l:orle) (herein "Praperty Address"); 11-11-D5 MT.E m~JIII~JII~JIIIIJ~IIJII~J~~ II~ ml II~ J ~ ~llInl" I~I III/Jill II"JIIIIJI"IJI~ JII~ ~IIII JlIIIJI~II~IIUllJI~1 W~lllml WYDD14Dl ,¡;;¡;;::;;;¡;;::;~;;¡;;:;W66D56CECj9BMTG90DOWV001401D-W INTERS '" ,/".,.,,' -iE 1"/ ."' ..., ¡ ." . t i, . !~....,...,..,.;;,::':.;,:.:;.¡,~.:,;,¡.,;,j;;¡:-~,·.:,:i,.¡,.,,~_,.,,; Qlli)!!.:!i;m~:i;flIill:: '~ '" ' ~_ DRIGINAl 091754G ~, . ." " ", TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deerned 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 covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to rnortgage, grant and convey the Pròperty, 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 clairns and dernands, subject to encum brances of record. UNIFORM COVENANTS. Borrower and Lender covenant anq 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 Escrow 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 Instrurnent is returned to Lender unpaid, Lender may require that any or all subsequent payrnents due under the Nòte and this Security Instrument be made in one or rnore of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's 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 locatio!l designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions i!l Section 12. Lender may return any payrnent or partial payment if the payment or partial payments are i!lsufficient 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 payrnents 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 rnay 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 rnight have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrurnent or performing 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 and/or 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 becarne 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 payrnent 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 rnore Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayrnents shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, i!lSurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the arnount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lênder on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Fu!lds") to provide for payment of amounts due for: (a) taxes and assessments and other iterns which can attain priority over this Security Instrument as a lien or encumbrance otl the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insura!lce required by Lender under Section 5; and (d) Mortgage Insurance pr~rniums, 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 a!ld 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 !lotices 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 arnounts 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 payrnent within such time period as Lender may require. Borrower's obligation to rnake such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrurnent, as the phrase "covenant and agreement" 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 7 and pay such amount and Borrower shall then be obligated under Sectio!l 7 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, a!ld (b) not to exceed the maximum arnount 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.F.R. Part 35000), as they might be amended from time to time, or any additional or successor legislation or regùlation 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 rnortgage 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 otherwise 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 RESP A. 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 perrnits Le!lder to make such a charge. ~ i 000l~:~3 -2- 11-11-05 MTG 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 WY001402 ORIGINAL 66056CECJ98MTG9000WY0014020**WINTERS '_~'t·~ ("I r-;-"'ë;~'"'...... 4 A)91 ""~':"':"":.':"'. ' . " ....',.,..""'.".. '." ~,-. -- .... ::::;:;:~;:;:~~¡i;:;':.' ~,._í " :.:<::~::b:j::!;~:<,-~ Unless an agreement is made in writing or Applicable Law reqLiires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 rnonthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall prornptly refund to Borrower any Funds held by Lender. . 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all 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 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. 5. Hazard Insurance. Borrower shall keep the irnprovements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such arnounts and for such periods as Lender rnay require. The insurance carrier providing the insurance shall be chosen by the 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 form acceptable to Lender and shall include a standard rnortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any rnortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of lbss. Borrower shall give prornpt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceéds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days frorn the date notice is rnailed 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. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1, 2 and 3 or change the amount of the payments. If under paragraph 17 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. . 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 permit impairment 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 a unit in a condorninium or a planned unit development, Borrower shall perform 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 docurnents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreernents 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 interest. If Lender requires 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 amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon at the applicable Contract Rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terrns of payrnent, such amounts shall be payable upon notice from Lender to Borrower requesting payrnent thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be rnade reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim fQr darnages, 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 agreernent 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 Bor-rower shall not operate to release, in any rnanner, 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 rnodify amortization of the surns secured by this Mortgage by reason of any dernand 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 applicable law, shall not be a waiver of or preclude the exercise of any such right or rernedy. II. Successors and Assigns Bound; Joint and Several 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 agreements 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 ~ 11-11-05 MTG 111111111111111111111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIII 11111 11111 1111111111111 "ArY03 ~W66056CECJ98MTG9000WYOO}4030~~WINTERS ~ ORIGINAL 09~1.(5t\5 + COC125 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 rnail addressed to Borrower at the Property Address or at such other address as Borrower rnay 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 surns to the extent not prohibited by applicable law or lirnited 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 horne rehabilitation, improvernent, repair, or other loan agreernent 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 improvernents made to the Property. - 16. Transfer of the Property. If Borrower sells 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 frorn the date the notice is mailed or delivered within which Borrower may pay the surns declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. 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 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 date specified 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 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 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 applicàble 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 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 öf Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreernents 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 Posses ion. As 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 17 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 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 ~~~;,~f:f~~~% aa~~;~~;~;;~;:ïi;~fu~;~~~;i,~il~;~~~;i¡u~~~, ~~~~SIl~~;~I;I;III~~II:~;;II~~~;~;~11 Lender and the ;g: 66056CECJ98MTG9000WY0014040**WINTERS ~~~.~*~~)j* ORIGINAL !i:~:·I:j!i·I~ '¡~',. ;. ¡;~: ,1.-), 9 :t~COf j::',N~;8B~~ (~ ~. :~:::;~iJ'i~¡' ilim~m;~;m;~i¡i!) :~}:~!;;f~:~:~ C O· 0 J..,;.~'~'t~,..,,, -5- . - ~'.' 0 20. Release:' Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage 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. 22. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by~ refer.ence and made a part of this Mortgage. ,,,,,... .. "This space in ten tionally left blank" cd 11-11-05 MTG WY001405 ~ 1111111111111111111111 11111111111111111111111111111111111111111111111 1111111111111111111111111111 111111111111111 111111111111111 11111 111111111111111111 *W66056CECJ98MTG9000WY0014050**WINTERS * ORIGINAL · -6- 0917545 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEED OF TRUST r n {"¡.[ ,.., 7 .' t, L' ~t (.. (SEAL) 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 this Mortgage. Signed, sealed and delivered in the presence of: STATE OF WYOMING, LINCOLN ~.~~. MALLOR . WINTERS . Ø~l~t£L'lt~~ ALESIA J. INTERS County ss: ' -Borrower (SEAL) -Borrower The foregoing instrument was acknowledged before me by MALLORY J. 'WINTERS AND ALESIA J. WINTERS. 1m HUSBAND AND WIFE this 11 THday of APRIL ' 20 06 WITNESS my hand and official seal. My commision expires: r2.pd J~ ~r d~~~~ Notary Public ST ATE OF WYOMING, County ss: The foregoing instrument was acknowledged before me by this day of , 20 WITNESS rny hand and official seal. My commision expires: Notary Public VALERIE KITTRELL - NOTARY PUBLIC County of Lincoln State of Wyomlhg (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 11-11-05 MTG 11111111111111111111111111111111 ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111111111111111111111111 66056CECJ98MTG9000WY0014060**WINTERS ~~~~~*~$¡ * ORIGINAL d WY001406 ~