HomeMy WebLinkAbout917690
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MORTGAGE
MIN 100024200012297897
THIS MORTGAGE is made this 17th day of April, 2006
ASHLEE HADERLIE and DUSTIN DON HADERLIE WIFE AND HUSBAND
, between the Mortgagor.
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(herein "Borrower"), and the Mortgagee.
Mortgage Electronic Registration Systems. Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's
successors and assigns). MERS is organized and existing under the laws of Delaware. and has an address and telephone number of
P.O. Box 2026. Flint, MI 48501-2026. tel. (888) 679-MERS.
American Brokers Conduit
existing under the laws of State of New York
538 Broadhollow Road, Melville, NY 11747
, ("Lender ") is organized and
. and has an address of
WHEREAS. Borrower is indebted to Lender in the principal sum of U.S. $ 27, 204 . 00 . which
indebtedness is evidenced by Borrower's note dated April 17, 2006 and extensions and renewals
thereof (herein "Note"),providing for monthly installments of principal and interest. with the balance of indebtedness, if not sooner
paid, due and payable on Ma y 1, 2021
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note. with interest thereon; the payment of all
other sums, with interest thereon. advanced in accordance herewith to protect the security of this Mortgage; and the performance of
the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to MERS (solely
as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS. with power of sale, the
following described property located in the County of Lincoln
State of Wyoming:
PART OF LOT 1 OF BLOCK 29 TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(
BEGINNING AT
LOT 1;
THENCE
THENCE
THENCE
THENCE
A POINT 5 RODS AND 12 1/2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID
SOUTH 4 RODS AND 4 FEET;
WEST 6 RODS;
NORTH 4 RODS AND 4 FEET;
EAST 6 RODS TO THE POINT OF BEGINNING.
RECEIVED 4/21/2006 at 3:34 PM
RECEIVING # 917690
BOOK: 617 PAGE: 595
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
which has the address of 530 ADAMS STREET
AFTON
[City]. Wyoming 83110
[Street] ,
[Zip Code] (herein "Property Address");
TOGETHER 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 a part of the property covered by this Mortgage; and all of the foregoing,
together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Mortgage; but, if
necessary to comply with law or custom, MERS. (as nominee for Lender and Lender's successors and assigns). has the right: to
exercise any or all of those interests. including. but not limited to, the right to foreclose and sell the Property; and to take any action
required of Lender including, but not limited to. releasing or canceling this Mortgage.
Borrower covenants that Borrower is lawfuHy 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 full. a sum
DOC 1:328631 APPL ':0001229789
WYOMING - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS
initials:
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Fonn 3851
Amended 2/01
G -76N(WY) (0208)
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UM51 0208
Fage 1 of 4
VMF MORTGAGE FORMS - (B00)S21-n91
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(berein "Funds") equal to one-twelftb of tbe yearly taxes and assessments (including condominium and planned unit development
assessments, if any) wbicb may attain priority over tbis Mortgage and ground rents on tbe Property, if any, plus one-twelftb of
yearly premium installments for bazard insurance, plus one-twelftb 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
tbereof. Borrower sball not be obligated to make sucb payments of Funds to Lender to tbe extent tbat Borrower makes sucb
payments to tbe bolder of a prior mortgage or deed of trust if sucb bolder is an institutional lender.
If Borrower pays Funds to Lender, tbe Funds sball be beld in an institution tbe deposits or accounts of wbicb are insured or
guaranteed by a federal or state agency (including Lender if Lender is sucb an institution). Lender sball apply tbe Funds to pay said
taxes, assessments, insurance premiums and ground rents. Lender may not cbarge for so bolding and applying the Funds, analyzing
said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on . tbe Funds and
applicable law permits Lender to make sucb a cbarge. Borrower and Lender may agree in writing at the time of execution of tbis
Mortgage tbat interest on tbe Funds sball be paid to Borrower, and unless sucb agreement is made or applicable law requires sucb
interest to be paid, Lender sball not be required to pay Borrower any interest or earnings on tbe Funds. Lender sball give to
Borrower, witbout cbarge, an annual accounting of tbe Funds sbowing credits and debits to tbe Funds and tbe purpose for wbicb
eacb debit to tbe Funds was made. Tbe Funds are pledged as additional security for tbe sums secured by tbis Mortgage.
If tbe amount of tbe Funds beld by Lender, togetber witb tbe future montbly installments of Funds payable prior to tbe due
dates of taxes, assessments, insurance premiums and ground rents, sball exceed tbe amount required to pay said taxes, assessments,
insurance premiums and ground rents as tbey fall due, sucb excess sball be, at Borrower's option, eitber promptly repaid to
Borrower or credited to Borrower on montbly installments of Funds. If tbe amount of tbe Funds beld by Lender sball not be
sufficient to pay taxes, assessments, insurance premiums and ground rents as tbey fall due, Borrower sball pay to Lender any
amount necessary to make up tbe deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by tbis Mortgage, Lender sball promptly refund to Borrower any Funds beld by
Lender. If under paragrapb 17 bereof tbe Property is sold or tbe Property is otherwise acquired by Lender, Lender sball apply, no
later tban immediately prior to tbe sale of tbe Property or its acquisition by Lender, any Funds beld by Lender at tbe time of
application as a credit against tbe sums secured by tbis Mortgage.
3. Application of Payments. Unless applicable law provides otberwise, all payments received by Lender under tbe Note and
paragrapbs 1 and 2 bereof sball be applied by Lender first in payment of amounts payable to Lender by Borrower under paragrapb
2 bereof, tben to interest payable on tbe Note, and tben to tbe principal of tbe Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower sball perform all of Borrower's obligations under any
mortgage, deed of trust or otber security agreement witb a lien wbicb bas priority over tbis Mortgage, including Borrower's
covenants to make payments wben due. Borrower sball payor cause to be paid all taxes, assessments and otber cbarges, fines and
impositions attributable to tbe Property wbicb may attain a priority over tbis Mortgage, and leasebold payments or ground rents, if
any.
S. Hazard Insurance. Borrower sball keep tbe improvements now existing or bereafter erected on tbe Property insured
against loss by fire, bazards included within the term "extended cOverage," and such other hazards as Lender may require and in
sucb amounts and for such periods as Lender may require.
Tbe insurance carrier providing the insurance sball be cbosen by Borrower subject to approval by Lender; provided, that such
approval shall not be unreasonably witbbeld. All insurance policies and renewals tbereof shall be in a form acceptable to Lender
and sball include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender sball bave tbe right to bold tbe
policies and renewals thereof, subject to the terms of any mortgage, deed of trust or otber security agreement witb a lien which bas
priority over tbis Mortgage.
In tbe event of loss, Borrower sball give prompt notice to tbe insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower.
If tbe Property is abandoned by Borrower, or if Borrower fails to respond to Lender witbin 30 days from tbe 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 tbe insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by
tbis Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep tbe Property in good repair and sball not commit waste or permit impairment or deterioration of tbe Property and sball
comply witb tbe provisions of any lease if this Mortgage is on a leasebold. If this Mortgage is on a unit in a condominium or a
planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing tbe condominium or planned unit development, tbe by-laws and regulations of the condominium or planned unit
development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in tbis 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 sucb appearances, disburse such sums, including reasonable attorneys' fees, and take
sucb action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making tbe loan
secured by tbis Mortgage, Borrower sball pay tbe premiums required to maintain sucb insurance in effect until such time as tbe
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, witb interest thereon, at the Note rate, shall become additional
indebtedness of Borrower secured by tbis Mortgage. Unless Borrower and Lender agree to otber terms of payment, sucb amounts
shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall
require Lender to incur any expense or take any action bereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided tbat
Lender sball give Borrower notice prior to any sucb inspection specifying reasonable cause tberefor related to Lender'S interest in
tbe Property.
9. Condemnation. Tbe proceeds of any award or claim for damages, direct or consequential, in connection witb any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are bereby assigned and
shall be paid to Lender, subject to the terms of any mortgage, deed of trust or otber security agreement with a lien wbich bas
priority over tbis Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of tbe sums secured by tbis Mortgage granted by Lender to any successor in interest of Borrower sball 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 tbis 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 applicable law, shall not be a waiver
of or preclude the exercise of any sucb right or remedy.
DOC 1:328632
G·76N(WY) (0208)
(I)
rage 2 of 4
Initials: C1JL pH
Form 3851
APPL 1:0001229789
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11. 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. An 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 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 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, repait:, 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 oEany 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. If all 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 from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Mortgage, including the covenants to pay when due any sums 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 attorneys' fees.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in
possession of the Property, if different, in accordance with applicable law. Lender shall mail a copy of a notice of the sale to
Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be
sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The
proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including,
but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c)
the excess, if any, to the person or persons legally entitled thereto.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to
Borrower's breach, Borrower 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 (ü) 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
covenants and agreements 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. 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.
Pase 3 of 4
húti~.: QtL 1/ If
, Form 3851
DOC ':328633
_ .76N(WY) (0208)
(!)
APPL ':0001229789
0917690 jr
Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time prior to the expÁ1tiOl;taª
period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to
enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents
collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of
rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the
sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received.
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.
2!. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other 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.
-C0~~
ASHLEE HADERLIE
(Seal)
-Borrower
-Borrower
(Seal)
(Seal)
-Borrower
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original Only]
,STATE OF WYOMING LINCOLN
~ . ,
County 55:
by
The foregoing instrument was acknowledg~d before me this
ASHLEE HADERLIE and DUSTIN ruN HADERLIE
April 17, 2006
My Commission Expires: 9 -)& -07
AU~ ~ Ær~
Notary Public
GLORIA K. BYERS· NOTARY PUBLIC
County of State of
Uncaln Wyoming
My CommIssion Expires Sept. 15, 2007
roc 1:328634
G -76N(Wy) (0208)
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APPL 1:0001229789
P.S. 4 of 4
Form 3851
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