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Home My WebLink About918930 ~J~~~mf~¡~:;;~0 ,'. ·iill~~¡~~gi ~ 0066348822 1 -----'--~-_.- ~ECEI\(ED 5/31/2006 at 4:12 PM , RECEIVING # 918930 BOOK: 621 PAGE: 661 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE THrS MORTGAGE is made this 31S':l' day of MAY' , 2006 DANIEL E THATCHER AND HEATHER J 1'RA'l'CHER, HUSBANP AND WIFE . between the Mortgagor, WELLS FARGO BANK, N.A. (herein "aorrower"), and the Mongagee, existing under the laws of THE UtiI':l'BD ST(\TES P.O. BOX 17339, BAL1'rMORB, MD 212971339 , a corporadon organized and , whose address is (herein "Lender"). WHEREAS, Borroweris indebted to Lcndedn the principal sum of U.S. $ u*********-3, 940.00 , which indebtedness is evidenced by Borrower's note dated MAY 31, 2006 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedne..~, if not sooncr paid, due and payable on .roms 01, 2014 ; TO SECURE to Lender the repayment of the indebtcdneMI evidenced by the Note, with interest thereon; the payment of all ofue:r sums, wHh inter~t thereon, advanced in accQrda.nce herewith to protect the security of this Mortgage¡ and the ~erfoo:mlf.\ce of the covetJilnts and agreements of Borrower herein contained, Borrowcr docs hereby mongagc, grant and convey to Lender, with power of sale. the following described property located in the County of LINCOLN State of WyorniIlJt: SEE ATTACRE~ LEGAL DESCRIPTION ~' I r, LI ü which has the address of 1319 9'l'H WEST AVENUE IStreetj Wyoming 83101 (herein ·Property Address"); [ZIP Code] , It~M~ [City] TOGETHER with all the improvements now or hereafter erected on the property, and all easements. r.ights. appurtenances and rents, aJI of whieh shall be deemed to be and remain a, part of the property covered by this Mort¥àge¡ and all of the foregoing, together witl¡, said propeny (or the leasehold e..~ta.te if this Mortgage is on a leasehold) are hereinafter referred to as the "Property. ~ Borrower covenants that Borrower is lawfully seised of the c.qtate hereby conveyed and has the right to mortgage, grant anô convey the Property, and tbat the Property j1l unenÇ\Jmbered, except for encwnbr811ces of record. :Borrower covenants that 13orrowe:r warrants and wi11 defend generally the title to the Property against all claims and demands, subject to encumbrance$ of record. UNIFORM COVENANTS. &rrower and Lender cQvenant ¡l,ud agree as follows; 1. Payment of Princ;ipal and Intert'Jit. 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 InsuraDce. Subject to appJicabJe law or a writtcn wa\ve¡; 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 (herein "Funds") equal to one-twelfth of the yearly ta;J;CS and assessments (including condonUnium and planned unit development assessments, if any) whieh may attain priority over this Mortgage and ground rents on the Property, if any, plus O,ne·twelfth of yearly premium installments for hazard insurance. plus one-twelfth of yearly premium installments for mortgage insurance. if any, all as reasonably estimated initially aM ftom time to time by Lender on the basis of assessments and biJIs and reasonable estimates thereof. Borrower sbaU not Þe obligated to make such payments of Fund$ tQ ~mler to the extent that Borrower makes ~cJ:1 payments to the hoJder of a prior mortgage or deed of trust if such hotder is an institutional lender. WYOMING· SECOND MORTGAGE - 1/90 - FNMA/FHlMC UNIr=ORM INSTRUMENT <D<,þ-16IwYI15812).01 pago 1 DI 4. VMf' MORTGAGE FOAMS. 18D0)521. 7291 F~rm ,38;:01 nltla'!'~ , . t": . ¡:;u';"::l·:··,: ,~ ..Q II ~ J>l¡U '~q' ".)1 .'1'..',:t ;¡@~¡¡¡¡~r?:~~ C00662 Jf Borrower pays Funds to Lender, the Funds shall be ht:ld in an institution the deposits or accounl'l of which are insured or gua,antMd by a tMeraJ or state agency (including Lender if Lender. i$ $ueh an institution). Lender shaH apply the Funds to pay said taJt.es, assessments, insurance premiums and ground rents. Lender may not charge for 50 holding and a~pyingthe Funds. analyzing said account or verifying and compiling /iaid assessments <\1'u:l bills, unless Lender pays Borrower interest 01\ the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unle$s such agreement Is made or applicable law r.equires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower. without charge. an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds áre pledged as additional security for tlle sums sewroo by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents. shall exceed the amount required to pay said taxes, 2$scssments, insurance premiums and ground rents as they faU due, such excess shall be, at Borrower's option, eithcr promptly t!:.'Paid to Borrower or credited (0 Borrower on monthly installments of Funds. If tbe amount of the Funds held by Lender shalt not be $u(ficieüt to þAY taxes, assessments, insurance premiums and ground rents as they fan due, J30rrowEJr shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums seL'Ured by this Mortg4ge, Lender shaH promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender. ,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 application as a credit against the sums 5ecured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, a11 payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of tbe Note. 4. Prior' Mortgages and neèds of Trust; Charges; Liens. Borrower shaH perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien wbich has priority over this Mortgage, inclUding Borrower':; covenants to make payments when due. Borrower shall payor cause to be paid all tax~ assessments and other charges, tin~ and impositions attributable to the Propeny which may attain a priority over this Mongage, and leasehold payments or ground rents, if any. 5. Hazard Insuram;e. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurancc policies and renewals thcrtOf shan be in a form acceþtable to Lender a.nd shall include a standard mortgage clause in favor of and in a fonn acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may nuke proof of 10$9 if not made promptly by Borrower. If the Property is abandoned by Borrower, OJ: if Borrower fails to respond to Lender within 30 days from the date notice is maUed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authori:ted to collect and apply the insurance pr.oceeds at Lender's option either to restoration or repair of the Property or to the sum$ secured by this Mor.tgage. 6. Preservation and Maintcnance of Property; Leaseholds; Condominiums; Planned Unit Deve]opments. Borrower shall keep the Property in good repair and shall not commit. waste or pemút impairment or deterioration of the Property and shaJl comply with the provisions of lilY lease if this Mortgage is on a leasehold. 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 the condominium or planned unit development. the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protectio,n of Lenderts Security. If Borrower fails to perform the covenànts and agreements contained in this Mortg~ge, 01' if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearan,ces, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insur.a:öce in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lettder pursuant to this paragraph 7, with imere$t tbèreon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. UnJess Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Noth.ing contained in this 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 Propcrty I provided that Lender shall give Borrower t\Otice prior to any such inspection specifying realiOnable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or c1~im for damages, direct or consequential. in connection with any condemnation or other tak.ing of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mongage, deed of trust or ollier security agreement with a lien which has priority 01¡~ th.is Mortgage. 10. BOrrower Not Released; FOrbear.ance By Lender Not a Waiver, E]I;tensioD of the time for payment or modification of amortization of the sums secured by this Mongage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Boo-ower and Borrower's successors in interest. Lender shaH not be required to commence proceedings against such successor or refuse to extend time for payment or otberwise modify amortizatiQn of the sums secured by this Mortgage by reason of any demand made by the original Borrowc:r and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. ~-"6(wY 18912).01 "119' ~ or 'I For,'r j.8~ Inlll~I.:~ r ,il .nq~ ~;-1~)O .-..."jt ..._I....~;.t"..-:J "'-... .' .'"1 '" u0663 11. Successors nnd AssignR Bound; Joint and Several Liability; Co·signers. The covenants and agrcements herein contained shall bind, and the rights hereunder. shnlJ inure to, the respective successors and assigns of Lèfldel' á1\d Borrower, subject to the provisions of paragraph 16 hereof. A.U Govena¡Us and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does Dot execute the Note. (a) is cOnsigning this Mortgage only to mortgage, grant and convey that Borrower's interest in tbe Property to Lender,. under the tt':1'mS of thi9 Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any oilier Borrower hereunder may agree to extend, modify, forbear, or make any other accommodatious with regard to the: tcnns 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 intereSI in the Property. 12. Notice. Except for any notÎce required under appticabte taw to be given in another manner, (a) any notice to Borr.ower provided for. in this Mortgage shan 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 providedhereiü. and (b) any notice to Lender sha1l be given by certified mail to Lender's address stated be rein 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 5batJ 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 thi9 Mortgage or the Note conflicts with applicablc Jaw, such conflict shalt not affect other provisions of this Mortgage or tbe Note which can be given effect without the conflicting provision, and to this end tbe prov.lsions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all SlUns to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shaH be furnished a conformoo copy of the Note and of this Mortgâge 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 l3ol"towtr to execute and deliver to Lender, in a fOm! acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials OJ:' services it! connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in norrower. If aU or any part of tbe Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower ii 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 ~f thi$ Mortgage. If Lender exercises this option, under shall give Borrower notice of acceleration. The notiee shall provide a period of not less than 30 days fröt'I'J. 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 pri01;' to the expiration of this period, Lender may invoke any remediC$ permitted by this Mortgage without further notice or demand on Borrower. NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 1.7. Acceleration; Remedies, Except 8S pro\'ided in paragraph 16 hereof, upon Borrower's breach of any covenant or a~reement of Borrower in this Mortgage, includinR the covenants to pay when due any sums se(ured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph. l2 hereof specifying: (1) the breach; (2) the action required to Cure such breach; (3) a date, not lfots than 10 days from the date the notice is malted to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date sþedfj,ed in the notice mny result in 8Gccleration or the smn.q securw by this Mortgage. The notice shalJ further inform. Borrower of tbe right to reinstate after acceleration and the right to bring a court action to 8S.'Ject tbe nonexistence of a default or any other defense of Borrower to acccleratlon and sale. Ir the breath is not cured onor before the date specified in the notice, TÆ\der, at Leoder's option, may declare all of the sums fieeured by this Mortgage to be Îmmedlately due and payable wi.tbol,l1 further demand and may invoke the power of sale and any other remedies perndUed by applicable law. Lender shall be entitled to colJed aU reaSonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, induding, but not Jimited to, reasonnble attorneys' fees. If Lender invokes the power of sale, Lender shall give nQticl;'! Qr. iptent to foreclose to Borrower and to the person in possession of the Property, jf different, In accordance with applicable law. Lender shall maH.a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hcr:eof. Lender shall publish the notice of sale and the Property shall be soJd in the manner pl'é$cribed by applicabJe Jaw. J..ender or Lender's designee may purchase the Property at any saJe. The proceeds of the sale sban be applied in the following order: (a) to all reasonable costs and expense.~ of the sale, including, but not limited to, fUSonable attorneys' fees and èosts of tide evidence; (b) to all $urns secured by this MOr1gage; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Bor.rower shall have the right to have any proceedings begun by Lender to entoree this Mortgage discontinued at any time prior to the cartier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this MOJ1gage or (Ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender aU sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Börrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including. but not limited to, rC8!Otlâbtè attorneys' fees; and (d) Borrower takes such action a., Lender may rU$onably require to aSSure that the lien or this Mortgage, Lender's interest in the Property and Eor:r.ower'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 fulJ force and effect as jf no acceleration had OCcurred. 19. AssiRnmcnt or Rents; Appointment of Rèeeiver¡ Lender In PO!'lsessioo. As additional security hereunder, Borrower heœby assigns [0 Lender. the rents of the PrOPèr.1y, provided that Borrower shall, prior to acceleration under paragl:aph 17 hereof or abandonment of the Property, havc the right to collect and retain such rents a9 they b~orne due and payable. ~-76WVJ /99UI.O, PogQ 3 .1 4 F7H8{)r Inltl.l" ç 1 ~i:~:¡I:·:~j:i:.:i;·~5 ~;¡:!:~::::*~~:;, :~!:~m~~~:š;~:~:~ ··~!·:tMili:'::j:~, 000664 Upon acceleration under paragraph 17 hereof or abandQnment of the Property, and at any time prior to the expiration of any period of redemption following judicial sale, Lender, in person. by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past, due. All rents coHeçted by Lendtr or the receiver shal1 be appUed first to payment of the costs of mauagement of the Property and col1ectlon 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 Hable to account only for those rents actually receJved. 20. Release. Upon payment of al1 sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shaIl pay a11 costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives aU right of homestead exemption in the Propcrty. 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 R 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 defau1t under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF. Borrower has executed this Mortga.ge. JJ~ ~, -r1øt :UIEL E THATCHER I C~ XilJÁ :\ ~~ ~L!\ HEATHER J THATCHER (Sea~) -Burrower (Seat) -Borrower (Sl;\al) -130rTOwcr (Seal) ·Borrower (Sign Original Only) STATE OF WYOMING, LI i-Y' ~.w County ss: The foregoing Instrument was acknow1edged before me this MAY 31. 2006 by DANXEL 2 THATCHER AND HEATHER J THATCHER, HVSBAND AND WIFE My Commission Expires: ~Iq~~ ~ALJd}'),,-9~A . ;;;;¡ Public ~ ~\\\\\UlIII"lIlll ~\~~e.RrN/£ ~ ~~, ..-.. -90 ~ ~ 4:-~ ~OT~b ij) ~ 22 t." .., ~ "'- OS g l COtMir~lAP..... () ª _ en -~_ :::: ~ Â " ~ ~"Y.;. \.l1eLIC 0' ~ ~ .t\oo"' oS. ~ ~" .......... ~~ ~ ~ OF W"'O' ~~ ~J: 1 ",,\~ ;!IIIIIII/IU\\\\\'\ [Space Below This Lint Re$erved For Lender and Rccordcrl cDa>·76(WYI (1I9121.CII PaQe .4 of 4 Form 3851 .. ..., " , . '.""', ,'.'-"'-',,' '..,."., ;. ,,;,'.',,:'..,'..',:, '-,--'.''','''; ~:¡\;:i[,! ~i;:\{:i~: ~ ;.:;; S~:~;~,:; ".. - .. ..... .." : :"'~'.,'<;:.), nü"';ì 8~}~j.O '..J' .:--.J .?;, - C00665 Exhibit A A portion of Lot 1 of Block 10 of the Lincoln Heights 4th 'Subdivision to the City of Kemmerer, Lincoln County, Wyoming, being more particularly described as follows: Beginning at the Northeast corner of Lot 1 Block 1 A, thence West along the northerly boundary of said Lot 1 Block 10 a distance of 100 feet; Thence South along the westerly boundary of said Lot 1 Block 1 A, a distance of 52.28 feet; Thence N89°54'12"E, a distance of 44.67 feet; Thence S89°52'33"E, a distance of 30.47 feet; Thence S89°58'42"E, a distance of 24.86 feet; Thence North along the easterly boundary of said Lot 1 Block 10 a distance of 52.28 feet to the point of beginning l;í-;¡:t;¡:,jjj".;¡;I;¡' }~:: ::~¡*m;~::~::::;.i 'tti,...~~,~