HomeMy WebLinkAbout918154
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When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
-1228 EUCliD A VENUE, SUITE 400
CLEVELANlJ, OHIO 44J1S ~
ATTN: FTJ120
This lnstrument WllS prepared by:
KeyBank N.A.
8757 RED OAK BLVD. SUITE no
CHARLOTTE, NORTH CAROLINA28217
800-784-6494
RECEIVED 5/812006 Bt4:41 PM
RECEIVING # 918154
BOOK: 619 PAGE: 207
JEANNE WAGNER
LINCOLN COUNTY ClERK, KEM~ERER, WY
Loan Number: 060450755530 YI'--1 a S '
Order Number: 1{l\ I )~()l /L/v<t.d-t
L)D<.. (8 ace Above This1.ine For Recorder's Use)
9œ3C]~ I ] MORTGAGE I
THIS MORTGAGE is made this 5th .day of April, 2006, between the Mortgagor, Jake J. Vilos.and Whitney Vilos, husband.and
wife
11nd the Mortgagee KeyBankN.A.,
11 corporation organized 1U1d existing under the laws ofOmO LAW,
whose llddress is 8757 RED OAK BL YD. SUITE 120, CHARLOTTE, NORTH CAROLINA28217
(herein "Borrower"),
0'
(herein ''Lender'').
WHEREAS, Borrower is indebted to Lender in the principal sum ofD.S..$8,61L50, which indebtedness is evidenced by Borrower's
note dated April 5, 2006 1U1d extensions 1U1d renewals thereof (herein "Note"), providing for monthly installments of principal .and
interest, with the ba1m1ce of indebtedness, if not sooner paid, due 1U1d paY11ble on April 10,2021.
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TO SECURE 10 Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of 1111 other
sums, with interest thereon, .advanced in .accordance herewith 10 protect the security of this Mortgage; .and the perfonnance of the
L:ovenants ll11d-agreements of Borrower herein L:ontained, Borrower does hereby mortgage, grant.and L:onvey to Lender, with the power of
-Sale, the following described property located in the County of Lincoln, State of Wyoming:
See Attached Exhibit "A"
-PMœl1dentification Number:
which has the llddress of: 1342 Canyon Court
Kemmerer, WYOMING 83101
(herein "Property Address");
TOGETHER with 1111 the improvements now or hereafter erected on the property,.and all easements, rights, appurtenances,.and rents,
1111 of which shal1 be deemed to be 1U1d remain a part of the property covered by this Mortgage;and11ll of the foregoing, together with said
property (or the leasehold estate if this Mortgage is on 11 leasehold) Me hereinafter referred to as the "Property;"
Borrower L:ovenants that Borrower is lawfully seised of the estate hereby L:onveyed and has the right to mortgage, grant.and convey
the Property, .and that the Property is unencumbered, except for encl1mbmnces of record. Borrower covenants that Borrower wllJTaI1ÍS.and
will defend generally the title to the Property .against lÙl claims 1U1d demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower 1U1dLender covenant 1U1d.agree as follows:
1. Payment of Principal .and Interest Borrower shallpromptIy pay when due the principal.and interest indebtedness evidenced by
the Note.and lateL:harges llSprovided in the Note.
2. Funds for Taxes .and lnsurance. Subject to 11pplicable law or a written w11iver by Lender, Borrower shall pay 10 Lender on the
day monthly payments of principal.and interest 11re payable under the Note, until the Note is paid in ful~ 11 sum (herein "Funds") equal to
one-twelfth of the yearly taxes 11nd llSsessments (including condominium and planned unit development lISSessments, jf .any) which may
11ttaÍn priority over this Mortgage, llDd £found rents on the Property, if llDY, plus one-twelfth of yeMly premium installments for hazard
insurance, plus one-twelfth of yearly premium instalhnents for mortgage insumnce, if ll11y,all as reasonably estimated initially .and :1Tom
time to time by Lender on the basis of lISSessments 1U1d 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 11 prior mortgage or deed of trust if
such holder is ll11 institutional lender.
If Borrower pays Funds to Lender, the runds sha1l be held. in ll11 institution the deposits or .accounts of which Me insured or
WUU"llDteed by 11 fedemJ or state agency (including Lender if Lender is such llD institution). Lender Shall11pply the Funds to pay said taxes,
llSsessments, insurance premiums ll11d ~ound rents. Lender may not charge for so holding 11nd 11pplying the Funds, .analyzing said .account
or verifYing 11nd L:ompiling said llSsessments 11nd bills, unless Lender pays Borrower interest on the Funds .and11Pplicable law pennits
Lender to make such 11 L:harge. Borrower .and Lender may agree in writing at the time of execution of this Mortgage that interest on the
Funds sha1l be paid to Borrower, .and unless such an agreement is made or applicable law requires such interest to be paid, Lender shall
Dot be required to pay Borrower .any interest or earnings on the Funds. Lender shall give to Borrower, without L:harge, ll11l1I1DlJal
WYOMING - SECOND MORTGAGE - 1180- FNMAlFHLMC UNIFORM INSTRUMENT
Page 1 Df4
Form 3851
BorrDwer(s) Jnitial~ W V
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.accounting of the Funds showing credits lIJ1d rlebits to the Funds lIJ1d the pmpose for which ~ rlebit to the Funds w.as made. The Funds
Me pledged .as J1dditional security for the sums secured by this Mortgage. .'
1£ the lUDOunt of the Funds .held by Lender, together with the future monthly i",IT!! l1ment~ of Funds pay.able prior to the .due dates of
taxes, .assessments, .insunmce premiums and ground rents, shall exceed the lUDOunt required to pay .said taxes, 1ISSe~~ment~, .insurance
premiums l1Dd ground rents.as they fall due, such excess shall be, llt BOITower's option, either promptly repaid to Borrower or credited to
Borrower on monthly .instfll1ment~ of Funds. If the lUDOunt of the Funds held by Lender shall not be sufficient to pay taxes, as¡¡e~R1T1f'nt~,
msunmce premiums l1Dd ground rents.as they fall due, Borrower shall pay to Lender .any llIIlOunt ne~~~:uy to make up the rleficiency in
one or more payments.as Lender may require.
Upon payment in full of.all sums.secured by this Mortgage, Lender shall promptly refund to Borrower .any Funds held by Lender. If,
under parBgmph 17 hereof the Property is sold or the Property is otherwise .acquired by Lender, Lender shallllpply, DO later than
jmmediately prior to the sale of the Property or its 11cquisition by Lender, 11ny Funds held by Lender 11t the time of llPplication.as II credit
-Bgainst the -sums .secured by this Mortgage.
3. Appliclltion of P11yments. Unless .applicable l11w provilles otherwise, .all payments received by Lender under the Note .and
pan1gr11phs 1 l1Dd.2 hereof shall be llpplied by Lender first ill payment of lUDOuntspay.able to Lender by BOITower under parngmph .2
.hereof, then to ffiterest pay.able on the Note, and then to the principal of the Note.
4. Prior Mortgages .and Deeds of Trust; Charges; Liens. Borrower shall perfonn .all of BOITower'-s obligations under .any
mortgage, deed of Íl1lSt or other security 11greement with lllien which has priority over this Mortgage, indllding BOITower's covenants to
make payments when due. Borrower shall payor cause to be paid 1111 taxes, 1ISSessments, .and other charges, fines lUld impositions
llttributable to the Property which may ll1t1lin 11 priority over this Mortgage,.and leasehold payments or ground rents, jf .any.
5. Hazard Insur.ance. Borrower shall keep the improvements now existing or hereafter erected on the Property jnsured-Bgainst loss
by fire, hazards .included wjthin the term "extended coveœge," lIJ1d such other .hazards.as Lender may require lIJ1d ill such -amounts lIJ1d for
such periods .as Lender may require.
The .insunmce Ql1TÏer providing the insnrnnce shall be chosen by BOITower subject to 11pprov111 by Lender; provided, that .such
llpprov.alshallDot be unreasonably withheld. All .insW'1lI1Ce policies lIJ1d renewals thereof shall be ill II fann JlCCeptable to Lender lIJ1d shall
.include II standard mortgage dause ill favor of lIJ1d in II fann -acceptable to Lender. Lender shall have the right to hold the policies .and
renewals thereof, subject to the terms of .any mortgage, deed of Íl1lSt or other -secwjty 11greement with lllien which has priority over this
Mortgage.
In the event of loss, Borrower shall give prompt notice to the insunmce carrier .and Lender. Lender may make proof of loss jf not
made promptly by Borrower.
If the Property is llbandoned by Borrower, or Îf Borrower fails tc respond to Lender within 30 days fTom 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 lUld 11pply the
jnsurance proceeds 11t Lender's option either to restol1Úion or repair of the Property or to the .sums secured by this Mortgage.
6. Preserv-8tÎon.and Maintenance of Property; Leaseholds; Condominium!;; Planned Unit Devdopments. BOITower .shall keep
the Property ill good repair lIJ1d shall not commit w.aste or pennit impainnent or .deterioration of the Property lIJ1d shall comply with the
provisjons of .any lease jf this Mortgage .is on llleasehold. If this Mortgage .is on II unit in 11 condomininm or llplanned unit ßevelopment,
BOITower shall perfonn .all of BOITower's obligations under the .declaration or covenants creating or governing the -condominium or
planned unit ßeve1opment, the by-l11ws.and regulations of the condominium or planned unit rlevelopment, lIJ1d constituent docnmf'nt~.
Î. Protection of Lender's Security. If Borrower fuils to perform the covenants .and11greements contained ill this Mortgage, or if.any
llCtion or proceeding is commenced which materially llffects Lender's interest in the Property, then Lender, llt Lender's option, upon
notice to Borrower, may make such .appf'!!rnnces, disburse -such sums, jncluding reasonable .attorneys' fees,.Bnd take .such llCtion .as .is
necessary to protect Lender's interest, If Lender required mortgage in~l1rnnce.as ll-condition of making the loan -SeCured by this Mortgage,
Borrower shall p1ly the premiums required to maintain such .insurance ill effect l1Il1i1 .such time .as the requirement for .such in~l1rnn~
1enninates ill.accordance wjthBOITower'sllJ1dLender'-s written11greement or llPplicable l11w.
Any -amounts disbursed by Lender pursuant to this parngmph Î, with ffiterest thereon, lit the Note nùe,.shall become flndition!!l
indebtedness of BOITowersecured by this Mortgage. Unless BOITower .and Lender -agree to other terms of payment, .such -amounts .shall be
pay.able upon notice from Lender to BOITower requesting p1lyment thereof. Notlring -cont!!inf'd ill this p!!T!!.ßT'!!pb 7.shall require Lender to
incur MY expense or take.any llCtion hereunder.
.8. Inspection. Lender may make or.cause to be made reasonable entries upon.and mspections of the Property, provided that Lender
shall give BOITower notice prior to.any such IDspection specj1)ring reasonable cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of .Bny .award or -cl11im for damages, direct or consequential, jn connection with.any condemnation
or other taking of the Property, or part thereof, or for conveyance jn lieu of condemnation, .are hereby 1ISSÏgned lUld -shall he paid to
Lender, subject to the terms of llI1Y mortgage, rleed of Íl1lSt or other .security .agreement wjth lllien which has priority over this Mortgage.
10. BorrDwer Not Released; Forbearance By Lender Not.B W.aiver. Extension of the time for payment or modific!!t1on of
.1lIIlOI'tization of the sums secured by this Mortgage granted by Lender to .any successor ill ffiterest of BOITOwer .shall not opemte to Te1ease,
in .any manner, the liability of the original BOITower lIJ1d Borrower'-s successors ill ffiterest Lender .shall not be required to commf'T\Cf'
proN"P.nin.ß~ -Bgainst such successor or refuse to extend time for payment or otherw.ise modüY -amortization of the sums .secured by this
Mortgage by reason of .any demand made by the original Borrower lIJ1d BOITower'-s successors ill Ù11erest. Any forbearance by Lender in
exercising .any right or remedy hereunder, or otherwise .afforded by 11pplicable l11w, shall not be II waiver of or preclude the exercise of .any
-such right orremedy.
J WYOMING - SECOND MORTGAGE-1/BO- FNMAlFHLMC UNIFDRM JNSTRUMENT
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11. Successors .and Assigns Bound; Joint.and Sever.al Liability; Co-signers. The covenants llIld ~eements herein contained.shall
bind, and the rights hereunder shaH inure to, the respective successors and assigns of Lendet and Borrower, subject to the provisions of
paragraph 16 hereof. All covenants and agreements of Borrower shaH be joint and several. Any Borrower who co-signs this Mortgage,
but does not execute the Note, (a) is co-signing 1his Mortgage only to 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 JigTee to extend, modify, foroear, or make any other accommodations with regard to the tenns 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 shaH be
given by certified mail to Lender's address stated herein or to such other address lIS Lender may rlesignate by notice to Borrower lIS
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 10ca1laws 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 aH sums to the extent not prohibited
by applicable law or limited herein.
14. Borrower's Copy. Borrower shaH be furnished a confonnedcopy of the Note and 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 Bgainst parties w.ho supply labor, materials or services in connection with improvements made to the Property.
16. Tr.ansfer 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 llnd Borrower is not a natural person) without Lender's prior
written consent, Lender may, lit its option, require immediate payment in full of llll sums secmed by this Mortgage. However, this option
shall not be exercised by Lender if exercise is prohibited by federal law lIS of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide II period of not less than
30 days uom the date the notice is delivered or mailed within which Borrower IDlJSt pay .all Slll11S secmed by this Mortgage. If Borrower
fails to pay these sums prior to the expiration of this period, Lender may invoke llny remedies permitted by this Mortgage without further
Jlotice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower .and Lender further covenantllIld agree lIS follows:
17. Acceler.ation; Remedies. Except .as provided in par.agrJlph 16 .hereof, upon Borrower's breach of .any covenant Dr
.agreement of Borrower in this Mortgage, including the covenants to pay when 1lue.any sums secured by this Mortgage, Lender,
prior to .acceler.ation shall give notice to Borrower .as provided in par.agrJiph 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 ClIred; .and (4) that failure to ClIre such breach on or before the date specified in the notice may result in
.acceler.ation of the sums secured by this Mortgage. The notice shall further inform Borrower of the right to reinstate .after
llcceler.ation .and the right to bring .a court llCtion to .assert the non-existence of II default or .any other rlefense of Borrower to
llccelerlltion .and 5ale. If the breach is not ClIred on or before the date specified in the notice, Lender, .at Lender's option, may
rleclare all of the sums .secured by this Mortgage to be immediately due.and payable without further rlpnulnrl.and may invoke the
power of .sale .and.any other remedies permitted by Jlpplicable law. Lender shall be entitled to collect.all reasonable costs .and
expenses incurred in pursuing the remedies provided in this par.agrllph 17, incl.uding, but not limited to, reasonable .attorneys'
fees.
If Lender invokes the power of sale, Lender shall give notice of intent of forœlose to Borrower .and to the person in possession
of the Property, ü .different, in .accordance with llpplicable law. Lender .shall mailll copy of.a notice of the sale to Borrower in the
manner provided in p.ar.agr.aph 12 .hereof. Lender shall publish the notice of sale.and the Property shall be sold in the m.anner
provided in p.arllgraph 12 hereof. Lender .shall publish the notice of sale .and the Property .at jUly sale. The proceeds of the sale
.shall be llpplied in the following order: (a) to .all reasonable costs llnd expenses of the sale, incl.uding, hut Dot 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 Dr
persons legally entitled thereto.
18. Borrower's Right to Reinstate.. Notwith¡;:tJ'lnning Lender's acceleration of the Slll11S 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 lit any time prior 10
the earlier to oCCllf of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Mortgage or (ü) entry
of II judgment woreing this Mortgage if: (11) Borrower pays Lender all Slll11S whicb would be then due under this Mortgage and the Note
.had no .acœler.ation occI.IITed; (b) Borrower Cllfes all breaches of any other covenants or agreements of Borrower 1:ontained in this
Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants llIld .agreements of Borrower
contained in this Mortgage, llnd in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to,
WYOMING - SECOND MORTGAGE - 1/80- FNMAlFHLMC UNIFORM INSTRUMENT
PBge 30f4
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reasonable Bttorneys' fees; lIIld (d) Borrower takes such action.as Lender may reasonably req,uirç to li~ure that the lien of this Mortgage,
Lender's interest in the Property liì1d Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon
such payment lIIld cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force lIIld effect .as jf no
llCceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. AI:. additional security bereunder, Borrower hereby
-.a5SÏgns to Lender the rents of the Property, provided that Borrower shall, prior to .acceleration under :para.grnph 17 hereof or .abandonment
of the Property, have the right to collectllIld retain such rents.as they become due lIIld paYlible.
Upon .acce1emtion under paragraph 17 hereof or lihandonment of the Property, lIIld 111 lIIlY time prior to the expir1l1ion ofany period of
Tedemption following judicial sale, Lender, in person, by lIgent or by judicially .appointed Teceiver shall be t:n1itled to enter upon, take
possession of.and manage the Property lIIld 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 lind reasonable Bttomeys' fees, lIIld 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 lill sums secured by this Mortgage, Lender shall release íhis Mortgage without .charge to Borrower.
Bqrrower shall pay lill.costs ofrecordation, ifllIlY.
21. W liÏv.er of Homestead. Borrower bereby waives lill right of homestead exemption in the Property.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES ORDEEDS OFTRUST
Borrower lIIld Lender request the holder of liny mortgage, deed of trust or other encumbrance with a lien which has priority over this
Mortgage to give Notice to Lender, at Lender's liddress set forth on page One of this Mortgage, of liny default under the superior
encumbrance lIIld of .any sale or other foreclosure .action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
9:FJeJ£
(Seal)
-Borrower
iA J~Ll~
Whitney Vilos
(Seal)
-Borrower
(Sign Original Only)
STATE OF WYOMING,
Lincoln County 5S:
The foregoing instrument w.as .acknowledged before me íhis 5th
Jake J. Vilos, lIIld Whitney Vilos.
Witness my hand.and official seal.
My Commission Expires: í\-IIc-~Î
day of
April
2006
by
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WYOMING - SECOND MORTGAGE - 1/80 - FNMAlFHLMC-lJNIFORM INSTRUMENT
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0918154
EXHIB.IT A
A PARCEL OF LAND LOCATED,.IN TIm CITY OF KEMMERER, COUNTY OF
L.INCOLN, STATE OF WYOMING, AND KNOWN AS:
BEING LOT NUMBER l4 BLOCK 8 .IN LINCOLN .HEIGHTS 4TH
SUBDIV.ISION OF L.INCOLN COUNTY RECORDS.
PermanEnt ParcEl NumbEr: 2116 232 05 067
JAKE J. VILOS AND WE.ITNEY JO VILOS, .HUSBAND AND IDEE
l342 CANYON COURT I KEMMERER WY 83l0l
Loan RE£Er€nCE NumbEr 060450755530/32ll022742649
First AmErican OrdEr No: 908396l
.IdEnti£iEr: F.IRST AMER.I CAN LENDERS ADVANTAGE
1IIJIlœllllœlllJlIIIIII VILOS
9083961
fIRST ~MERl ~N LENDERS m>VANT~GE
MORTGAGE \,
1111111111111/ 911111JIIJIIIIII IRI II 11111111111
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