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HomeMy WebLinkAbout918299 0065789209 æji¡~~;m¡~~Im~ rill; '"., \.... \..... 17 Upon, Rocon:flng,Ptetl1Je Røt1Jm To: =~.~~.( ~C 11dt@i)d 1919., ~_~~3f\éfJoor:, Omá~ N 681C2 ''1~i'J doc~nt is bdng recôrd!$d . "3{11ÜÙW~St Title Company ;;:;: j~¡¡;:!:'íU~t!:;'~;)7 only. RECEIVED 5/12/2006 at 4:22 PM RECEIVING # 918299 BOOK: 619 PAGE: 775 JEANNE WAGNER LlNCOLKCOUNTY CLERK, KEMMERER,WY MORTGAGE THIS MORTGAGE is made this HTH EDWARD F CARLSON, A--MA::RR::EID--i>ßRS'ðN- CAROLYN D. CARLSON, HUSBAND AND WIFE day 01' MAY , 2006 , between the Mortgagor, WELLS FARGO BAN1C N.A. (herein "Borrower"), and the Mortgagee, existing under the laws of THE UNITED STATES P.O. BOX 17339, BALTIMORE, MD 212971339 , a corporation organized and , whose address is Omein "Lender"), WHEREAS, Borrower is indebted to Lender in the principaJ sum of U.S. $ ** ** ** UP U us, 430.00 , which indebtedness is evidenced by Borrower's note dated MAY la, ·2006 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and imerest, with the balance of indebtedness, if not sooner paid, due and payable on JUNE aI, 2014 TO SECURE to Lender thc rcpaymem of the indebtedness ~videnced by the Note, with interest thereon; the payment of all other sums, with imerest thereon, advanced in accordance herewith to protect the security of thig Mortgage; and the performance of the covenants and agrcements of Borrowcr herein containcd, Borrower does hereby mortgage, grant and convey to Lender. with power of sale. the foJIowing described property located in the Couney of LINCOLN State of Wyoming: LOT 2 OF BLÕCK 37 OF FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. which has the address of 606 PEARL STREET . KEMMERER [ZIP Code] rS(reet] (herein "Property Address"); [City] Wyoming 83101 TOGETHER with all the improvements now or hereafter t::œcted on the property, and all easements, rights. appurtenances and rents, all of which shall be deemed to be and rcmain a pan of the property covered by this Mortgage; and all of the foregoing. together with said property (or thc leaschold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property, " Borrower covenants that Borrower is lawfully seised of the e~tate hereby conveycd and has the right to mortgage, grant and convey the Propeny, and that the Property is unencumbered. except for encumbrances of record. Borrower covenants that Borrower warr3IIts and wi1l defend generally the [j[1e to the Propeny against all claims and demands, subject to cncumbrances of record. UNJFORM COVENANTS. Borrower and Lender covenant and agrec as follows: 1. Payment of Principal and Xntcrcst. Borrower shall promptly pay when due the príJ:1cipal and interest indebtedness evidenced by thel Note and late charges as provided in the Note. 2. Fund!; for Taxes and Insurance. Subject to applicable law or 3 written waiver by Lender, Borrower shall pay to Lender on the day monthly payment.') of principal and interest are payable under the Notc, until the Note is paid in full, a sum (herein HFunds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priorit)' over this Mortgage and ground rents on the Property, if any. plus onc-tweJfth of yearly prerruum installments for hazard insurance, plus one-twelfth of yeaxly premium installments for mortgage insurance, if any, all as reasonably estimated initiaUy and from time to lime by Lender on the basis of assessments and biIJs and reason::¡ble 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 ho]der of a prior mortgage or deed of trust if sucb holder is an instirucional lender. WYOMING. SECOND MORTGAGE - 1/80· FNMA/FHlMC UNIFORM INSTRUMENT Form 3851 cD -76(WY] ;99121.01 '3' Pa<¡" i 914 VMP MOf\TGAG£ ~O~MS . (800152" '291 InIT.r~I8: Eû ,0 t) {"'\ I'" r-'~ 6 \~., ~j t) , , 09:t~8pays Funds to Lender, the Funds shall be hdd in an insdtution the deposits or accounts of which are insured or guaranteed by s fcderal or slate agency (including lender if Lender is such an institution). Lender sha ] apply the FundJl t.o pay said taxes, asscssments, insurance premiums and ground rents. lender may not charge for so holding and applying tbe Funds. analyzing said account or verifying and compiling said asscssments and bills, unless Lender pays Borrower interest on the Funds and applicable law permit8 Lender to mak:e such a chMgC. Borrower and Lender ma:y a.gree in writing at the time of execUlion of this Mortgage that imerest on the Funds shall be paid to Borrower. and unless such agreement is made or applicable law requires such inrere,9t to be paid, Lender shall nOI be required to pay Borrower any interest or earnings on the Funds. Lender shaH givc to Borrower, witbouI charge, an annual accounting of the Punds showing credits and debits to tbe Funds and the purpose for which each debit to the Funds ""as made. The Funds are pledged a..~ additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of FUJ1ds payabJe prior to the due dates of taxes, a..~$;essmen[S, insurance premiums and grouncl rents. sha1l exceed the amount required to pay said taxes, assessmtTIts. insurance premiums and ground rtnts as they fall due, such excess shall be. at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthJy in$tallmems of Funds. If the amount of the Funds heJd by Lender sha1l not be sufficient to pay laxcs, assessments, insurance premiums and ground rents as they fall due, Borrower shaH pay to lender any amouDI necessary to make up tne deficiency in one or more payments as lender may require. Upon paym~nt in fulI of all sums secured by this lv!ortgage. Lender sha1lpromptly refund to Borrower any FUllds held by Lendcr. If under paragraph 17 hereof the Property is sold Ot" the Property is otherwise acquired by under, Lender shall apply', no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of app]icarjon as a credic against the sums secured by this Mortgage. 3. Application or J>ayment.~. Unless applicable law provides otherwise, all payments received by Lender under the Note an.d paragraphs 1 and 2 hereof shall be applied by Lender first. in payment or amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and thcn to the principal of Ihe Note. 4. Prior Mortgages and Deed~ of Trust; Cnarges¡ Liens, Borrower shall pcrfonn 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. Borrowcr sha.!1 payor cause to be paid all taxes, assessments and other charges, fines and impositions auributable to the Property which may attain a 'priority over this Mortgage, and. lea!chQld payments or ground rcnLQ, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erectcd on the Property insured against loss by fire, hazArds included within the term "extended coverage." and sueh other hazards as Lender may require and in such amounts and for such periods a.s Lender may require. TIle insurance carrier providing th~ insurance shall be chosen by Borrower subject to approval by Lender; provided, tJlat such approval shall not be unreasonably withheld. All insuram:c poJicies and rencwals thereof shall be in a form acceptable to Lender and shall include a standard mortgagc cJause in (ayor of and in a form acceptable to Lender. Lender shall have the right to hold Ûle policies and rcnewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a Jien which has priority over this Mortgage. In the event of los6. Borrower shaH give prompt notice to the insurance carrier and Lender. Lcndcr may make proof of loss if not made promprJy by Borrower. If the Property is abandoned by Borrower, or if Borrower faDs to respond to Lender within 30 days from the datc notice is mailed by Lender to Borrowcr that the insurance carrier offers to settle a c1aim for inS'Urance benefits. Lender is authorj~.ed to collcct and apply the insurance procecds at Lender's optjon either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation nnd Maintenance or Property¡ LeasehoJds¡ Condominiums; Planned UnJt De\·elopmcnts. Borrower shall keep the Property in good r"-pair 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 condoßÙnium or a planned unit development. Borrower shaH perform all of Borrower's obligations under the dec1aration or coven.ants creating or governing the condominium or planned unit development. the by-laws and rcgulations of the condominium or planned unit developmem" and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agf(~cments contained in this Mortgage, or if any action or proceeding is commenced which rnaterially affects Lender's interest in the Property, then Lender. at u¡¡der's option, UpOn notice to Borrower, may make such appearances, disburse such sums, including reasonable atlorncys' fees, and take such action as is necessary to protect Lender's imerest. If Lender required mortgage insurance as a condition. of making the loan secured by this Mortgage, Borrower sha1l pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in aecordai1ce with Borrower's and Lender's wrilten agreement or applicable law. Any amounu disbursed by Lender pursuant to thi!! paragraph 7, with interest thereon, at ÛlC Note rate, shall become additional indebtedness of Borrowcr secured by this Mortgage. Unless Borrower and Lender agr.ee to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in Ûlis paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lendcr's interest in the Property. 9. Condemnation.. The proceeds of any award or claim for damages, direct or consequential, ill connection with any condemnation. or other taking of the Property, or part thereof, or for conveyance in 1ieu of condemnation, are hercby assigned and shall be paid to Lender, subject to the tenns of any mOTtgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums gceured by this Mortgage grantcd by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's succesSOrs in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of (h(: swns secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's succeSSors in ¡merest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afl'ord~d by applicable law, shall not be a. waiver of or preclude the exercise of any such right or remedy. .. -761WYI 16912101 ~ ¡ P"R~ , 01 4 Form 3G InIlIlIS: £ ~~ 1 im;mf~~¡~¡¡~I i:; ~ &m!f;1mif~li~[y>;:. ~. o ~:q)'jr':~ 89 11. Successors and Assigns Round; Joint and Several Liabi]itYi Co-signers. The covenants and agreement~ herein contained shall bind, and the rights hereunder shall inure to, the respective successors and a..~.signs of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covcna.nrs and agreements of Borrowcr shall be joint and severa]. Any Borrower who co-signs thjs Mortgage, but docs not execute the Noto, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's intcrest in the Property to Lender undcr the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgi1ge, 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 tenns of this Mortgage or the Note without that Borrower's consent and without rcJeasing that Borrower or modifying this Morrgage as to that Borrower's intcrest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner. (8) 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 othcr address as BOTTower may designate by notice to under as provided herein, and (b) any notice (0 Lender shall be given by certified mail to Lender's address stat cd herein or to such othcr address as Lender may designatc 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. GovE:Tning Law; Severabj jt)'. 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 CV~nt that any provision or cJ:lUse of this Mortgage or the Note conflicts with applicable law, such conflict ~halI not affect other provisions of this Mortgage or the Note which can be given effect without the con!1it:tin.g provision, and to this end the provisions of (his Mortgagc and the Notc are decJared to be severable. As used herein, "costs," "expcoses" and "attorneys' fees" include all sums to the extent not prohibited by applicable Jawor limited herein. 14. Borrower's Copy. Borrower sbaU be furnished a conformed copy of the Note and of this Mortgage at the time of execution. or after recordation hereof. 15. Rehabilitation Loan Agrccrnent. Borrower shall flllfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement whicb Borrower cnlcrs 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, eJaims or defenses which Borrower may have against parties who supply labor. materials or services in connection with imprQvements made to the Property. 16, Tran~fer of the Pro pert)' 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 ~oJd or transferred and Borrower is not a natural person) without Lender'! pnor written constnt. Lender may, at its option. require immediatc payment in full of all sums secured by this Mortgage. However, this option shsll nOl bc exercised by Lender if exercisc is prohibited by federal law as of the d;¡te of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not· Icss than 30 days from the date the notice is delivered or mailed within which Borrower must pay a J SUInS secured by this Mortgage. Jf Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedics pennitted by this Mortgage without further notice or demand on BOTTower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17, AcceJerationj Remcdies. Except as pro"'ided in pars¡uaph 16 hereof, upon Borrower's breach of any oovenal¡t or agreement of Borrower in this Mortgage, including the covenants to pay WheD due any sums secured by this Mortgage, Lender prior to acceleration snoJl give notice to ßorrower as pro\'ided in paragraph J2 hereof spccirying~ (1) the breach; (2) Ù1e action required to cure such breach; (3) a date, not less than 10 da}'S from the date the notice is mailed to Borrower. bywhicb such breach must be cured; and (4) that failure to cure such breach on or before the date 9pedfied in the notice may result in acceleration of the sums secured by this Mortgage. The notice shaH further InCorm Borro"i\rer of the right to reinstate after acceleration aDd the right to bring a court action to assert the nonexistence of a dcl'auJt or any otber defense of Borrower to acce]erntion and sale. If the breach is not cured on or before the date speciricd in the notice, Lender, at Lender's option, may declare all or the sums secured by thi!õ Mortgage to be immediately due snd payable without further demand and may invoke the po\\'er of sale and an}' other remedies permitted by applicable law. Lender shall be entitled to c()lIoct aU reasonable cosl~ and expenst>S Incurred in pursuing the remedies provided in this paragraph 17, induding, but not limited to, reaso.nable attorneys' feeos. If Lender invoke..~ the power of sale, Lender shaJl give notice of intent to forecJose to Borro'\\rer and to the person in possession of the Property, if different, in accordance with applicable Jaw. Lender shall mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shgII publish the notice of sale and the Property shaJ.J be sold in the mtmner prescribed by applicable law. Lender or Lender's designee O)ay purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to aJl reasonable costs and expenses of thc sale, including, but not limited to, reasonable attorneys' fees Bnd costs of title evidence; (b) to all sums secured b}' this Mortga i(e; and (c) the excess, if any, to the person or person$ legally entitled th~eto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's brcach, Borrower shall have the right to have any proceedings begun by Lender to enJorce this Mortg~ge discontinued at alW 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 (ij) 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 alJ 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 a..c¡ provided in paragraph 17 hereof, including, but not limited to, rea!lonable 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 contÎ!lUe unimpaired. Upon such payment and cure by Borrower. this Mortgage ilnd'ihc obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Ass¡ignmcnt of Rents; Appointment of Rcceiver: LEnder in Posse!;!1iûn. As additional security hereunder, Borrower hereby a.ssigns to Lcnder the rents or the Property, pro....ided that Borrower ~hall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and· rctain such rents as th~ become due and payable. t~[mmi~~T;~m ?7 cD -76rWYI (8312101 ~ P'o8 3 or 4 Form 3851 Inlll.ls: Ef./ / "Î f"' F"i ~'.. 8 O~~"1.8299 . . . . '.,) t, i {. . Ùpon acceleranon under paragraph 17 hereof or abandonment of the Property, and at any tIme prior to the expiration of any period of redemption following judicia] sale, Lender. in person, by agent or by judicially appointed receiver. shall be emiLJcd to enter \lpon, talee posse.~sion of and manage the Property and to collect the rents of tije Property including those past due. AU renl~ collected by Lender or the receiver shall be applied fim to paym€nt of the costs of management of the Property and collection. of rents. including, but not limited to. reœiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then [Q tbe sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rems actually received. 20. Release. UPQn. payment of all sums secured by this Mongage, Lender sha ] release this Mortgage without charge to Borrower. Borrower shall pay al] cos~ of recordation, jf any. 21. Waiver or Homestead. Borrower hereby waives all right of homestead exemption in the Property. REQUEST FOR NOTICE OF DEF AUL T AND FORECLOSURE UNDER SUPERlOR 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 Mongage to give Notice to Lender, at Lender's address set forth on page one of thi~ Mortgage. of any default under the superior encumbrance and of any sale or other foreclosure action. (Scat) ·Borrower '. (Seal) ·BclTCI\IIer (Seal) ·Borrower (Seal) -Borrower (Sign Original Only) STATE OF WYOMING, U Vl~untY5S: The foregoing instrument wa..~ 3claJ.owledged beforc me this MAY 10, 2006 by EDWARD F CARLSON, A.-)(AJ~:1UE-:g-P.gR.8GN CAROLYN D. CARLSON My Commission Expires: lO ./ J- --0 1 '- -~--- -." "_' - -c. ", '-""-_ _ _. ¡" - I~ANcY Š. WFCRl) -.'. í'o.¡OiAR. Y P..U. ß LiC.·· ."1· CCl.XiIY Of STATE Cf LINCOlN IWQMNG . ./kt ,Commssion Er.~i;¿s b ~? --_0]_ ~-""".'''''.'-"''' -, - -'.'''-.¥.'--'.:-..~~"",-~.,"",>:,....- [Sp~ec Belo..... Thi~ Lil)c Rc~(!rJed For Lender and Recorder] <D ·76fWY} 18912/,01 .1) PP~8 .. QI II. Form 3961 '~.i~~~~~~mmIŒ j~l~: