HomeMy WebLinkAbout918732
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.AFTERBECORDING FLEASEJUITIIRNTO:
Trust Title Company
8230 £oone .Blvd, Suite~5
Vienna, VA.22lB2.
File Number: SO(,C.l~2~3
TIDíMapNumber: Q 1ø12 - Oll3- 0'-/0- 11 00
l.anrlArn..rica Order#: 1132.12"5'1 \/1
THISMORTGAGEismadethis.2ïth .day of April, 2DD£ , between the Mortgagor,
.LYEN A. :BUTLER.A1íJD Y1("'1fT~ .BP:RAGDE :BUTLER, .AS .JOINT ~S 1'lITB JaGHTS DF
.stmVIVO"'R¡:::HT1) .
RECEIVED 5/24/2006 lit 12:54 PM
RECEIVING# 918732
BOOK: 621 PAGE: 74
JEANNE WAGNER
LINCOLN COUNTY ClERK, KEMMERER, WY
] MORTGAGE I
NUN ~000~~B4DD.200ïBB3
(herein "Borrower"),.and the Mortgagee,
Mortgage Electronic Registration Sy.stems, 1nc. ("MERS"), (solely liS Dominee for Lender, liS.hereinafter .defined, .and Lender'.s
.successors JUld llSSigns). MERS is organized.and existing :under the laws of Delaware, .and.has Anllildress .and íelephone Dumber
ofP.D. Box2026, Flint, MI48501-2026, tel. (888) 679-MERS. Corint.bia.n Mortgage Coz:poration .D;BA
.BouthBanc Mortgage
-existing under the laws oÍ1!IIBSISBIPP:I
:L3B6~ Bunrise V.a1.J.ey :Drive Brite ~DO ~er.ndon, VIRGINIA 2D~ì~
, ("Lender ") is organized.and
, .and.has An llildress of
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)U
WHEREAS, Borrower is .indebted to Lender in 1he principal sum ofD.S. .$ £ï ,450. DD , which
indebtedness is evidenced by Borrower's Dote .dated ApriJ. 2ï, .2 0 06 And -extensions.and renewals
thereof (herein "Note"), providing for monthly installments of principal.and interest, with the balance of .indebtedness, if Dot
.sooner paid, .due.and paYllble on 1!fay D3, 2 D2 6
TO .sECURE to Lender the repayment of the indebtedness evidenced by íhe Note, with interest íhereon; the payment oflill
other .sums, with interest íhereon, .advAnced in llCcordance herewith 10 protect the .security of íhis Mortgage; .and the
:performance of the covenants .and .agræmp.nt!: of Borrower herein contained, Borrower does .hereby lllOrtgage, grAnt.and convey
toMERS (sole1y liS nominee for Lender .and Lender's .successors.and lISSigns).and 10 the successors.and liSSigns of MERS, with
power of .sale, the .following .described property located.in the County of:r.:mCOLN
State of Wyoming:
.Bee iittached J.egaJ. .description on .BcheduJ.e A
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which l1as the .address of ii2:5 J.ST AVENIIE
:LA ]ll(R,GE
[Street],
[City], Wyoming B3J.23-D29:5 [Zip Code] (herein "Property Address");
TOCiliu:lliR with llll the .improvements now or hereafter erected on the property, And llll easements, rights, llppurtenances
.and rents, .all of which.shall be deemed 10 be .and remain II part of the property covered by this Mortgage; .and.all of the
foregoing, 10gether with.said property (or íhe leasehold -estate if this Mortgage is on llleasehold) Me hereinafter referred to liS
íhe "Property." Borrower under.stands.and llgI'ees that MERS holds only 1egal1itle to the interests granted by Borrower .in this
Mortgage; but,if l1e~!:!::lry to comply with law or custom, MERS, (25 nominee for Lender .and Lender's .successors .and
liSsigns), .has the:right: to -exercise JUly or llll of 1hoseinterests, .including, but not limited to, the right to foreclose .and .sell the
Fmperty;.and to ía1œJUlY 1lCtion required of Lender including, but not limited to, releasing or r.:lnr.~linz this Mortgage.
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed .and.has the right to mortgage, gr.ant.and
convey 1he Property, .and that íhe Property is unencumbered, except for encumbr.ances of .record. Borrower covenants that
..Borrower WllITAnts.and will defend gener.ally the 1itle to the .Property .against.all claims.and rlp.m:lnn!:, .subject to f:IlClUIlbr.ances of
recor.d.
TINIFORM COVENANTS. Borrower .and Lender covenant.and llgI'U liS follows:
1. .P.ayment of .Princip.a1.and lnteœsL Borrower .shall promptly pay when due the principal .and :interest .indebtedness
evidenced by the Note.and late charges liS provided in the Note.
2. .Funds for T.axes .and lnsur.ance. Subject to llpplicable law or .a written waiver by Lender, Borrower .shall pay 10
lender on the .day monthly payments of I'rinr.ip~l .and interest Me pay1Ù1le:under 1he Note, until the Note is paid in full, ll.sum
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WYOMING- SECOND MDRTGAGE-1/BO -FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS
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(herein "Funds") equal 10 one-twelfth of 1he yearly taxes .and liSsessments (including condominium .and planned uni1
development ASSessments, if .any) which may .attain priority over 1hís Mortgage .and ground rents on the Property, if .any, plus
one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage
insurance, if .any, ill liS reasonably estimated initially .and from time to 1ime by Lender on 1he basis of liSsessments .and bills .and
reasonable estimates thereof. Borrower .shall not be obligated to make such payments of Funds to Lender to 1he extent that
Borrower makes such payments to 1he holder of 11 prior mortgage or deed of trust if such holder is.an institutional lender.
If Borrower pays Funds 10 Lender, the Funds shall be .held in .an institution 1he ill:posits or .accounts of which .are insured
or guaranteed by a federal or state llgency (including Lender if Lender is such .an institution). Lender shall .apply the Funds 10
pay said taxes, ASSessments, insurance premiums .and ground rents. Lender may not charge for so holding .and l1pplyingthe
Funds, .analyzing .said .account or verifying .and compiling said liSsessments .and bills, unless Lender pl1Ys Borrower interest on
the Funds .and l1pplicable law permits Lender 10 make such a charge. Borrower and Lender may agree in writing l1t the time of
execution of 1hís Mortgage that interest on 1he Funds shall be paid to Borrower, .and unless .such .agreement is made or
.applicable law requires such interest to be paid, Lender shall not be required 10 pay Borrower MY interest or earnings on 1he
Funds. Lender shall give 10 Borrower, without charge, .an annual .accounting of 1he Funds showing credits .and debits 10 the
Funds .and 1he purpose for which each debit 10 1heFunds was made. The Funds .are pledged liS .additional security for 1he .sums
.secured by this Mortgage.
If the IDJ10unt of1he Funds held by Lender, together with 1he future monthly installments of Funds payllble prior to the due
dates of taxes, liSsessments, insurance premiums .and ground rents, shall exceed 1he .amount required to pay said taxes,
.assessments, insurance premiums .and ground rents liS they fall due, such excess shall be, l1t Borrower's option, either promptly
repaid to Borrower or credited to Borrower on monthly installments of Funds. If the .amount of1he Funds .held by Lender .shall
not be sufficient to pay taxes, liSsessments, insurance premiums .and ground rents as 1hey fall due, Borrower shall pay to Lender
MY IDJ10unt necessary 10 make up 1he .deficiency in one or more payments as Lender may require.
Upon payment in full of illl sums secured by this Mortgage, Lender shall promptly refund to Borrower .any Funds held by
Lender. If under par.agraph 17 hereof the Property is sold or 1he Property is otherwise .acquired by Lender, Lender shall apply,
no later than immediately prior to 1he sale oftheProperty or its acquisition by Lender, any Funds held by Lender l1t 1he time of
l1pplication liS 11 credit llgainst the sums secured by this Mortgage;
3. Application of PJ1yments. Unless l1pplicable law provides otherwise, all payments received by Lender under the Note
.and par.agrl1phs I .and 2 hereof .shall be applied by Lender fIrst in payment of .amounts pay.able to Lender by Borrower under
paragraph 2 hereof: then 10 interest payllble on 1he Note, .and 1hen to 1he principal of 1he Note.
4. Prior Mortgages J1nd Deeds of Trust; Charges; Liens. Borrower shall perform illl 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 illl taxes, liSsessments .and o1her charges, fines
.and impositions .attributable 10 1he Property which may .attain a priority over this Mortgage, .and leasehold payments or ground
rents, if.any.
5. Hazard Insunmce. Borrower shall keep 1he improvements now existing or hereafter erected on the Property insured
llgainst loss by fire, hazards included within 1he term "extended coverßge," .and such other .hazards liS Lender may require.and in
.such IDJ1ounts.and for .such periods liS Lender may require.
The jnsurance carrier providing 1he insurance .shall be chosen by Borrower subject 10 l1pproval by Lender; provided, that
.such .approval shall not be unreasonably withheld. All insurance policies .and renewals thereof shall be in 11 form .acceptable 10
Lender .and shall include l1.standard mortgage clause in favor of.and in 11 form acceptable 10 Lender. Lender shall have the right
to hold the policies.and renewills 1hereof, subject to the terms of MY mortgage, deed of trust or other security .agreement with 11
lien which has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice 10 the insur.ance carrier and Lender . Lender may make proof of loss
ifnot made promptly by Borrower.
If the Property is .abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days .:from the illite notice is
mailed by Lender 10 Borrower that the insur.ance carrier offers 10 settle 11 claim for insurance benefits, Lender is lUlthori:æd 10
collect and l1pply 1he insur.ance proceeds llt Lender's option either to restorlltion or repair of the Property or 10 1he .sums secured
by this Mortgage.
6. PreservJ1tion.JlJld MaintewlDce of Property; Leaseholds; Condominiums; Phnned Unit Developments. Borrower
.shall keep the Property in good repair Md .shall not commit waste or permit impairment or deterioration of 1he Pmperty .and
.shall comply with the provisions of .any lease if this Mortgage is on 11 leasehold. If1hís Mortgßge is on.a unit in 11 condominium
or .a planned unit development, Borrower shall perform illl of Borrower' s obligations under the declarl1tion or covenants creating
or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit
ill:velopment, .and constituent .documents.
ï. Protection of Lender's Security. If Borrower fails 10 perform 1he covenants .and .agreement~ .contained in 1his
Mortgage, or if .any .action or proceeding is commenced which materially .affects Lender's interest.in the Property, then Lender,
1lt Lender's option, upon notice to Borrower, may make such .appearances, disburse such .sums, including reasonable .attorneys'
fees, Md take such .action liS is necessary to protect Lender's interest. If Lender required mortgage insurance liS 11 condition of
making 1he loan secured by this Mortgage, Borrower shall pay 1he premiums required 10 maintain .such insurance in effect until
.such time liS 1he 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 par.agr.aph ï, with interest thereon, llt :the Note rate, shall become
.additional indebtedness of Borrower .secured by this Mortgage. Unless Borrower Md Lender .agree to other terms of payment,
.such .amounts shall be payllble upon notice from Lender to Borrower requesting payment thereof. Nothing contained in íhis
par.agraph ï shall require Lender to incur MY expense or take MY .action hereunder.
8. lnspection. 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 MY such inspection specifying reasonable cause therefor related to Lender's
interest in the Property.
9. Condemnation. T.he proceeds of .any l1w.ard or claim for .damages, .direct or consequential, in connection with MY
connemnRtion or other 1aking of the Pmperty, or p.art thereof, or for conveyance in lieu of concJemnRtion, .are .hereby ßSsigned
.and .shall be paid to Lender, .subject to the terms of .any mortgage, deed of trust or other security .agreement with 11 lien which
has priority over íhis Mortgage.
10. Borrower Not Released; Forbeanmce By Lender Not J1 WJ1iver. Extension of the time for payment or modifIcation
of IDJ1ortization of the .sums secured by this Mortgage gr.anted by Lender to .any successor in interest of Borrower .shall not
operllte to release, in MY manner, the liability of 1he original Borrower .and Borrower's successors in interest. Lender .shall not
be required to commence proceedings lIgainst such successor or refuse to extend time for payment or otherwise modifY
.amortization of the sums .secured by 1his Mortgage by reason of .any demand made by 1he original Borrower .and Borrower's
.successors in interest. Any forbearance by Lender in -exercising MY Tight or remedy .hereunder, or otherwise .afforded by
.applicable law, shall not be 11 waiver of or preclude 1he exercise of .any such right or remedy.
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11. Successors Jlnd Assigns Bound; Joint Jlnd Several Liability; Co-signers. The covenants IDld ßgfeements herein
contained shall bind, .and 1he rights hereunder shall inure to, the respective successors æ1d .assigns of Lender æ1d 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, grIDlt
.and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on
1he Note or under this Mortgage, .and (c) agrees that Lender æ1d IDlY other Borrower hereunder may.agr-ee to extend, modify,
forbear, or make .any other accommodations with regard to 1he terms of this Mortgage or the Note without that Borrower's
consent æ1d without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for IDlY notice required under Bpplicable law 10 be Eiven in .another manner, (a) any notice 10 Borrower
provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail .addressed to Borrower
11t the Property Address or at such other .address as Borrower may Designate by notice to Lender as provided herein, æ1d (b) any
notice 10 Lender shall be given by certified mail to Lender's .address .stated herein or 10 such other .address as Lender may
.designate by notice 10 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; SeverJlbility. The state æ1d local laws applicable 10 this Mortgage shall be 1he laws of 1he
jurisdiction in which the Property is located. The foregoing .sentence shall not limit the applicability of federal law 10 this
Mortgage. 10 the event that IDlY provision or clause of this Mortgage or 1he Note conflicts with Bpplicable law, such conflict
.shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, .and 10
1hís end the provisions of this Mortgage.and the Note Me declared to be .severable. As lISed herein, "costs," "expenses" .and
".attorneys' fees" include all.sums 10 the extent not prohibited by Bpplicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of1he 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, repair, or other loan .agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower 10 execute.and Deliver 10 lender, in 11 form 1ICceptable to Lender, an·assignment of .any rights, claims or defenses
which Borrower may have 1lgainst parties who .supply labor, materials or .services in connection with improvements made 10 the
Property.
16. Tnnsfer of the Property or Jl Beneficiallnterest in Borrower. ]f.all or IDlY part of the Property or .any interest in it
is sold or tnmsferred (or if 11 beneficial interest in Borrower is sold or tnmsferred .and Borrower is not 11 natural person) without
Lender's prior written consent, Lender may, 11t 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 Jaw as of the date of this
Mortgage.
If Lender exercises this option, lender shall give Borrower notice of acceleration. The notice shall provide 11 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. IfBorrower:fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Mortgage wi1hout :further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower .and Lender further covenant.and JJgree as follows:
17. AccelerJltion; Remedies. ExceptJls provided.in par.agr.aph 16 hereof, upon Borrower's brüch of .any coven.ant or
Jlgreement of Borrower .in this Mortgage, including the covenants 10 pay when due Jlnysums .securro by this Mortgage,
Lender prior 10 JlccelerJltion shall give notice 10 Borrower.as provided in parJlgrJlph 12 hereof specifying: (1) the brüch;
(2) 1he Jlction required 10 cure .such brüch; (3) Jl rlate, not Jess tb.an 10 rlays from 1he rlate the notice is m.ailed 10
.Borrower, by which .such brüch must be cured; Jlnd (4) that fuilure 10 cure such brüch on or before the rlate specified in
1he notice may result in JlccelerJltion of the .sums .secured by this Mortgage. The noûce .sb.aJI further inform Borrower of
the right 10 reinstate Jlfter JlccelerJltion JlDd the right 10 bring.a court Jlction 10 Jlssert the nonexistence of Jl def.ault or ..any
other defense of Borrower 10 JlcceJenûon ..and .sale. If the brüch is not cured on or before the rlate .specified in the notice,
Lender, Jlt Lender's option, may declare Jlll of the .sums .secured by this Mortgage 10 be immediately due..and pay.able
without further dem.and ..and may .invoke the power of .sale ..and Jlny other remedies permitted by Jlpplicable Jaw. Lender
.shall be entitled to collect Jlll rüsonable costs Jlnd 1:Xpenses incurred .in pursuing the remedies provided in this pangnlph
17, including, but not limited to, reasonable Jlttorneys' fees.
If Lender invokes the power of .sale, Lender shall give notice of intent to foreclose 10 Borrower ..and 10 the person in
possession of the Property, if different, in Jlccordance with Jlpplicable Jaw. Lender .sb.aJI mail Jl copy of Jl notice of the .sale
10 Borrower in the manner provided in pangrJlph 12 hereof. Lender .shall publish the notice of .sale ..and the Property
.shall be .sold in the manner prescribed by Jlpplicable Jaw. Lender or Lender's designee may purcb.ase the Property Jlt..any
.sale. The proceeds of the .sale .shall be Jlpplied .in the follow.ing order: (.a) 10 Jlll rüsonable costs Jlnd expenses of the .sale,
including, but not limited 10, reasonable Jlttorneys' fees JlDd costs of title evidence; (b) to .all .sums .secured by this
Mortgage; Jlnd (c) the excess, if ..any, 10 the person or persons Jegally entitled thereto.
18. Borrower'.s llight toRcinstate. Notwithstanding Lender's .acceler.ation of the .sums .secured by this Mortgage rlue to
Borrower'.s breach, Borrower shall have the right 10 have lIny proceedings begun by Lender to enforce this Mortgage
.discontinued at ID1Y time prior 10 the earlier to occur of (i) the iifth rlay before.sale of the Property pursuant to the power of .sale
contained in this Mortgage or (ii) entry of 11 judgment enforcing this Mortgage if: (a) Borrower pays Lender .all sums which
would be then rlue under this Mortgage æ1d 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 ~forcing Lender'.s remedies.as
provided in paragrBph 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 IInimpaired. Upon.such payment æ1d cure by Borrower, this
Mortgage..and 1he 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 10 Lender 1he rents of 1he Pmperty, provided that Borrower .shall, prior to .acceleration under paragrBph 17
hereof or .aillmdonment of1he Pmperty, have the right to collect.and retain .such rents as they become rlue.and payable.
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Upon BCceleration under par~aph 17 hereof or abandonment of1he Property, .and.at.any 1ime prior to the expiration of
..any period of redemption following judicial sale, Lender, in person, by ligent or by judicially appointed receiver, .shall be
-entitled to enter upon, 1ake possession of.and manage 1he Property .and to mIlect the rents of 1he Property including those pHSt
Due. All rents collected by Lender or 1he receiver shall be applied first to payment of the costs of management of the Property
..and collection of rents, including, but 110t limited to, receiver's fees, premiums on receiver's bonds .and r~onable .attorneys'
:fees, .and then to 1he .sums secured by this Mortgage. Lender .and the Ieceiver.shall be liable to BCCOunt only for those rents
BCtually received.
20. Release. Upon payment of .aII.sums secured by this Mortgage, Lender .shall release this Mortgage without chaq~e 10
Borrower. Borrower .shall pay.aIl costs ofIecorrlation, if.any.
21. Waiver of Homestead. Borrower .hereby waives .all right of homestead exemption in 1he Property.
BEQTIESTFORNOTlCE OFDEFATILT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower .and Lender request the holder of .any mortgage, Deed of 'trust or other :encumbr.ance with .a lien which .has
priority over this Mortgage 10 give Notice 10 Lender, .at Lender' s1iddress .set forth on page one of this Mortgage, of .any Default
1U1der the .superior encumbr.ance.and of .any .sale or other foreclosure l:IctÍon.
1N WITNESS WHEREOF, Borrower has .executed this Mortgage.
~ 11/:L~
- - -A_ È=m
(Seal)
4TA/#k?ù~ß~U-J~
'K~'J'm'~~ SPBAGUE :BUTLER -.Borrower
-Borrower
(Seal)
(Seal)
-Borrower
-Borrower
(Seal)
(Seal)
-Borrower
-Borrower
(Seal)
";Borrower
(Seal)
-Borrower
]Sign Original Only]
STATE OF WYOMING, ~ \( tlf~ì 4æ>tsountyss: .þ. n~
The foregoing instrument was >eknowledged befm-.meíhis· ~AhJ I 0'-1 - J Ð - :WOe"
by :LYEN A. :BUTLER I :KATHLEEN SPBAGUE :BUTLER
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SCHEDULE A
THE :FOLLOWING .DESCRIBED REAL PROPERTY SITUATE IN TIm OTY OF LA BARGE, COUNTY OF
IJNCOLN,AND STATE OF WYOMING, TO WIT:
LOTS28,29,30AND31 OF MCGINNIS SDBDMSION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON
TIm OFFIOALPLATTHEREOF.
TAX ill =#:2611-063-040-11 00
BY FEE SIMPLE DEED fROM LYNN A. BUTLER AND XATIILEEN SPRAUGE BUTLER, AKA KATHLEEN
SPRAGUE BUTLER, AS JOJNT TENANTS WITII RIGHTS OF SURVIVORSHIP AS SET FORTH IN DEED
BOOK385,PAGE443AND RECORDED ON 3/16/2005, LINCOLN COUNTYRECORDS.
S06C19253
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