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HomeMy WebLinkAbout923595 ,,' , : < '1.:, ¡, .".~ 000739 I· MORTGAGE 961702 D IF BOX IS CHECKED, THIS MORTGAGE SECURES FUTURE ADVANCES. THIS MORTGAGE is made this 19TH day of OCTOBER KENT C JENKINS AND KAELIN MARY JENKINS, HUSBAND AND WIFE 2006 , between the Mortgagor, (herein "Borrower"), and Mortgagee BENEFIC I,AL.WVOMING 'I NC. a corporation organized and existing under the laws of WYOMI NG 1363 DEWAR DRIVE, PLAZA MALL STE 8, ROCK SPRINGSJ WY 82901 (herein "Lender" ). whose address is The following paragraph preceded by a checked box is applicable. !Xl WHEREAS, Borrower is indebted to J~ÿnder. in the principal sum of $ 31,578.35 , evi~ed by Borrower's Loan Agreement datéd OC TOBER. 19, 2006 and any extensions or renewals thereof (including those pursuant to any Renegotiable Rate Agr~ment)(herein "Note"), providing for monthly installments of principal and interest, including any adjustments· to the 'ám'ount 'of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paici, dUe and payable on OCTOBER 19, 2021 ;;~. ' ::~~~1 :'t. ' , . , D WHEREAS, Borrower is indebted to Ünderin the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ -' TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is v~riable; ,(2) futur.e advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest there,on, advanced in' accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of LINCOLN State of Wyoming: "'1' , SEE EXHIBIT A . ThIs ~ocm';1ent is being recorded by .AllIance TItle :md Escrow of Wyoming, LLC -as a courtesy only. r ),"v~p :·_~-·i.Ò RECEIVED 10/20/2006 at 3:51 PM RECEIVING # 923595 BOOK: 637 PAGE: 739 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY " '., ~ ; which has the address of 137 CN TY RD 184, !Street) FREEDOM !City) Wyoming 83120 !Zip Code) (herein "Property Address"); 11-11-05 MTG 111111111111111111111111111111111111111111111111 WY001401 wJ662438C9N97MTG900OWVOO 140 10wwJENK INS w' ORIGINAL :>;~:::~:*::::¡ ~~ ':E:~;&;:;:~~~: 0, 0'-»-'" c-9:- . . 4~~J ) + TOGETHÊR with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all. of the foregoing, together with sai~ p~Qpe~tr {Þr. the leasehold estate if this Mortgage is on a leasehold) are herelOafter referred to as the "Property." I . ", ;.1;, ','l) Borrower covenants that Borrower is lawfully seised of t1)6 4state:'~~reby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is iJÌiéncum'~red, except for encumbrances of record, and Borrower warrants and will defend generally th~ tide 't~;thê'Pro~rty against all claims and demands, subject to encumbrances of record ' ;'¡,t :.:...1"[., d UNIFORM COVENÅNTS. Borrower and Lender co~~nant arid agte.\:·.~ follows: 1. Payment of Principal, Interest, Escrow Items, Prepaym(:~ft:Chaiges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any va~iations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt. evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be maØe in u.~. currency. However, if any check or other instrument received by Lender as payment under the Note ÒI' this Seèufity Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments dUe under the Note and this Security Instrument be made in one or more of the following forms, as selected by.Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) EleCtronic Fuhds'Tfâtj.sfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse 'such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender inay hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do· so within a reasonable period of time, Lender shall either apply such funds or return them to Borrbwe'rII( ''iì~t· $plied earlier, such funds will be applied to the outstanding principal balance under the Note immediately pridt' td rr~reclosure. No offset or clai~ which Borrower might have now or in the future against Lender shall reliev~ Bohow~t 'fÚ>rn making payments due under the Note and this Security Instrument or performing the covenants and a~rëements'~ured by this Security Instrument. 2. Application of Payments or Proceeds. Excèþt as 'o~ñe'r\vise:ðescribed in this Section 2 or as may be required by the Note and/or applicable law, all payments accepted and appliedfbyLender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due undeIi';ïli6'Nöte; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amoun.ts d'ueunder this Security Instrument, and then to reduce the principal balance of the Note. H . , If Lender receives a payment from Borrower for a delinquent Périodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to tne delinqdent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment rec:eived from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full, To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied firsttoany prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, 'of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed by Borrd;w-et,: ánd s4ch dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices.pf~oÜrits to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives. Borrower's' obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligatíon td 'payPto Uénôer Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which pay~ent of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing.such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security"Instrµm~qt, ,.as ,t~e phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items: directly) pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 350(0), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. ~ The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so..insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. 000740 11-11-05 MTG IIII~IIIIIIIIIIII !IIIIIII ~IIIIII~ IIIIIIIIIIII~ IIIII~ I~IIII~ IIIIIII~ IIIIIIII~ IIIIII~II~IIIIIIIII~I ~I~ IIIIIII~IIIIIIII ~ 1111 WY001402 662438C9N97MTG9000WYOO 14020""JENK I NS :::;:>.:::~.:::::::;:. " 1iI': :':': :f~:j~~;d ORIGINAL O~~= i c;~.: :,,:;.,..: ) ·;:¡~j¡¡¡i¡;¡@? !!:"7)74~ Unless an agreement is made in writing or-,\pp,licable Law requires interest to be paid on the Funds, Lender shaH not be required to pay Borrower any intefestqr ;ceârnings on the Funds. Borrower and Lender can agree in writing, however, that interest shaH be paid on the Funds. Lender shaH give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. . If there is a surpl us of Funds held in escrow, as defined under RESP A, Lender shaH account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shaH notify Borrower as required by'J{EsPA, and Borrower shaH pay to Lender the amount necessary to make up the shortage in accordance with RESPl\. but; in no more than 12 monthly payments. If there is a deficiency of Funds he1din escrow, as defined under RESPA, Lender shaH notify Borrower as required by RESPA, and Borrower shaH pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fuH of aH sums secured by this Security Instrument, Lender shaH promptly refund to Borrower any Funds held by Lender. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shaH perform aH 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 whendµe. BOITowe(shaH payor cause to be paid aH taxes, assessments and other charges, fines and impositions attributable to'the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shaH keep the improvements now existing or hereafter erected on the Property insured against loss by fire, 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 shaH be chosen by the Borrower subject to approval by Lender; provided, that such approval shaH not be unreasonably withheld. AH insurance policies and renewals thereof shaH be in a form acceptable to Lender and shaH include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to holq tþ~ policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement wit~'iä;Hen which hlhS priority over this Mortgage. In the event of loss, Borrower shaH give prompt notice totne insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree,in writing, insur¡mce proceeds shall be applied to restoration or repair of the Property damaged, if the restoration 011 re,pair is ficonomically feasible and Lender's securi'ty is not lessened. If the restoration or repair is not economicaHy fAA5iQ}e.or,~nder's security would be lessened, the insurance proceeds shaH be applied to the sums secured by thisß~uri,W Instrument, whether Or not then due, with any excess paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from 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 coHect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shal1 not extend or postpone the due date of the monthly payments referred to in paragraphs I, 2 and 3 or change the amount of the payments. If under paragraph 17 the p¡roperty,is:acqµired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior. to ~he acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shaH keep the Property in good repair and shaH not commit waste or permit impairment or deterioration of the Property and shal1 comply with the provisions of any 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 al1 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 devèlopmènt, and constituent documents. 7. Protection of Lender's Security. If~()rrower failsto perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is c,o-ffilt1encèd which materiaHy affects Lender's interest in the Property, then Lender, at Lender's option, upon notice tögcirrower, may' ~make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as i~ ,necessary to protect Lender's interest. If Lender requires mortgage insurance as a condition of making the loan secur~, by this Mortgage, Borrower shaH pay the premiums required to maintain such insurance in effect until such ii~e, as:}h~ requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or a.p1?1i4blejl~w.; . Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon at the applicable Contract Rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shal1 be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shal1 require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take 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 therefore related to Lender's interest in the Property. , 9. Condemnation. The proceeds of any award or c~ai.m fQr damages, direct or consequential, in connection with any condemnation or other taking of the Property, ,orflart thereof, or for conveyance in lieu of condemnation, are hereby assigned and shaH be paid to Lender, subject to the, terms of any mortgage, 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 sC?;ured by this Mortgage granted 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 shaH not be required to commence' proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable Tàw, shall not be a waiver of or preclude the exercise of any such right or d . I "t'" reme y. !., ., II. Successors and Assigns Bound; Join't; and Several Liability; Co-signers. The covenants and agreements herein contained shal1 bind, and the rights hereimder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. Al1covenants and agreements of Borrower shaH be joint and several. Any Borrower who co-signs this' Mor~gage,. but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that BQ.ffpw,tr:~ iqterest in the Property to Lender under the terms of this Mortgage, (b) is not personal1y liable on the Note' or under this Mortgage, and (c) agrees that Lender and any other 11-11-05 MTG IIII~IIIIIIIIIII HIIIIIII ~IIIIIIII~IIIIIIII~ IIII~ ~IIII~ IIIIIIIIIIIIIIIII~ 11111111111111111111111111111111111111111111111111111 WY001403 MJ66243BC9N97MTG9000WY0014030MMJENKINS "'" M ORIGINAL 09~3595 . t,' \" ·"4~': ,... ;': 000742 Borrower hereunder may agree to extend, modify, tot-bear, or mà¥~ any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's conserit''iu~d without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. . 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicablfj to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall nói! limitthê applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfiU~11 of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement,":hWþ~Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliyer' to'Lênðer, i~ a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against pait~èS who supply labor, materials or services in connection with improvements made to the Property.' ,'1.( ',' i' . 16. Transfer of the Property. If Borrower sells ß~ I.trahšfèrs all.?, any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subòtdinateto thj.štMQrtgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, or (c) the grant of !àny leasehold interest of three years or less not containing an option to purchase, Borrower shall cause to be submi1téd information required by Lender to evaluate the transferee as if a new loan were being made to the transferee, Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. I If Lender does not agree to such sale or transfer, Lender may deèlareallof the sums secured, by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. i "f, ¡ 'i' ""i. 1 ,I . . . NON-UNIFORM COVENANTS. Borrower and Lend~r further toVèriant and agree as follows: 17. Acceleration; Remedies. E1:cept as provided in paragraph 16 hereof, or as otherwise required by law, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage. The notice shall further inform Borrower of the right to reinstate after acceleration:ånd¡,·the~:rïght to bring a court action to assert the none1:istence of a default or any other defense of Böriówër t!c!)"acceleration and sale. If the breach is not cured on or before the date specified in the notice, U~ndetì at 'Lender's option may declare all of the sums secured by this Mortgage to be immediately due and"payable~ith~ut further demand and may invoke the power of sale and any other remedies permitted'by (äppliëable :taw. Lender shall be entitled to collect all reasonable costs and e1:penses incurred in PUrslÜrlg the reme~tihs provided in this paragraph 17, including, but not limited to, reasonable costs and e1:penses incurredi:ii1:Jpursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in acCordance with applicable law. Lender shall mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be sold in the rn.anner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs aDd e1:penses of the sale, including, but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) the e1:cess, if any, to ~he ~erson or ~ersons legal~y en~ifJ~e~ !th.~1:e~?;;:. !,~~!, '. . 18. Borrower s RIght to Remstate. Notw1ths~p4¥n.gLpr#i~f s:~eeleratlOn of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver;:Lender in Posses ion. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, providèd that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. . '. " Upon acceleration under paragraph 17 hereof or abandonment 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 collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received.. 11-11-05 MTG IIIIIIIIIIIIII~IIIIIII~~ 1I111 ~III ~IIIIIII ~IIII ~I ~III ~1I~IIIIIIIIII~IIII" III HIli IN I~IIIIII IIIIIII~ III~ IIIIIIII~ I~IIIIIIIIII WY001404 ¡:]:::::¡:m:¡:;¡¡::8;:!662438C9N97MTG9000WYOO 14040·..·JENK I NS ~¡@:::::¡;::¡:;¡¡:¡~.. ~~~~Z2illj - ~:i%'.(ltt~.:~l.!;<, ORIGINAL ;¡:'::.'.::r'-~"~'~-J 5 9· 'V.J"""'" ;.1' J~~~1;~I~::: O::,T,:,;:,l:,::,::.:¡:,:',:;:,·,"'4:' 3 '/,",'.'¡',"'.'," -, ....:.,. -5- 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. 22. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note IS hereby incorpora~e~ 9~ reference and made a part of this Mortgage. 11-11-05 MTG "This space in ten tionally left blank" IIIIIIIIII~ IIII~~ 111111111 ~~II ~IIIIII~ ~III ~IIIII~IIIIIIIIIIIIIIIIIII~ 111111111 ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIII"IIIIIIIIII MJ662438C9N97MTG9000WY0014050MMJENKINS, M ORIGINAL .- ., ~ . , '." ) ¡ l', t ; . " (, . :>~ .,~... ·I;..~\ -C" ·..··...,·".1' " ~ l ',¡ :,",.1', :..1 WY001405 O~23595 -6- 000744 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEED OF TRUST Borrower and Lender request the holder of any Mortgage, Deed of Trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the presence of: i!-cJtJ- .~ lIT¡C J INS (SEAL) -Borrower .~ ¡ ..,. STATE OF WYOMING, LINCOLN , ,I tea ,L > fY\/J~ KAELIN MARY JENK: County ss: (SEAL) -Borrower '.":'.1."-\" this The foregoing instrument waS acknowledged before me by KENT C JENKINS AND KAELIN MARY JENKINS HUSBAND AND WIFE day of ,20 WITNESS my hand and official seal. My commision expires: ~ \1 1rXP\ KATE WILLIAMSON Wvomlng Nota2.~UblJc. County of Sweetwater A TIfð¡f.ømSB9~xPlr.. County ss: The foregoing instrument was acknowledged before me by this day of , 20 WITNESS my hand and official seal. ~7' ~,~,.:!.,~ ~. , ! .. ,', :i," .' My commision expires: ;"j Notary Public (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services .. ,; SnL~ont Road Ëlmhur,st; IL 60126 i . .' ~ . ~, . I'j' '·1 11-11-05 MTG WY001406 I ~III~ II~ III~ III~ 11111 11111 "~IIIII ~II~II~ ~IIIIIIII II~I 11111111 ~IIIIIIIIIIIIIII~ liD ~IIIIIIIIIIIIII 111111111111111111111111 ~II ~~662438C9N97MT~OOOWYOOI4060**JENKINS r.':~I:':':':':':':<'.i M U:il:;;::;:;.:::~::::~ ORIGINAL I ¡."\. 5EP-28-2ØB6 is: 46 09~3S9.r; A...LI ~ TITLE ~ ESCRCLI 31217 ffl? 96Ø2 P.Ø8 000745 \19 Exhibit A File 601e6l6Ø5CE Description The land rcfcrœd to in this d()åm¡ent is mrnùed in the State of Wyoming. County of LiDcoln, and is described as fullows: A portion of the Nll2 'of Section 28, Township 35 North, RauJe 119 West, 6* P.M., LiDcoln County, WyoD1Ïnl ana beiol aIio . portioo of that property couveyed by Deed No. 785753 from Lovey Clark to John R. Ba", and Tnu:y C. B...h filed June 19, 1994 in Book 3S3 P.R. at P.,e 337 located North from FreedoUJ, LincolD County, Wyoødng and being !Dore particularly described as follows: BepI1llÎD& at a point 131.50 feet South 0016'25" East from a BLM type DIOnument set markinl the Northwest comer of Lot 1 (NW1/4), Qid pOÌDt being the Northeast comer of that property deieribed . Deed from Richard L Kine and Elizabeth Kin2 to Fred BroC and Annie Brol' and filed in Book n6 P.R. at Pqe 114; tbeace ""'rlrlinc South, alone the Eat liDe of Hid Brol property 132.00 feet to the North line of that property daaibed u Parcel B .. Deed from Graat Clark ami Lovey W. Oark to Fred b. }lrog and AnnIe C. }lrOI, No. 92163 aud flied In Book ", PR at Page 194; thence South 89°38'25" East aIolJI tbe North line oftbat last laid Broe property 63.19 feet to the Northeut comer of lut laid Broa propc:riy¡ thence South, alo... ~ East line of last said Broe property, 177.92 feet; thence North 89°38'25" West, alo... the South IiDc of Jut said Brog property, 144.69 feet¡ thence North, aloo, ~ West tiDe of both Brol properties, 309.92 feet to the North Iiae of Mid Lot 1; thenœ North 89°38'25" West, alone Jut uiclline, SO.OO feet to the center line of State Line County Road No.. 11..114 mad the Northwest coruer of aid Lot 1; thence South,aIonc the West line of.aid Lot 1,319.92 feet to the cemec Uae of Grant Clark County Road 11-184; tIuuœ North 19°2S'~" East, alona Jut aid ceater IÙIe, 614.36 feet; thence North 309.90 feet to the North line of laid Bau¡h property; thmce North 89°38'2S" West, aloJlltat laid North Une, 382.83 feet to the Polut of B."ml..... """