HomeMy WebLinkAbout924112
1:;~g~4GAGE
~
000405
961702
D IF BOX IS CHECKED, THIS MORTGAGE SECURES FUTURE ADVANCES.
THIS MORTGAGE is made this 2ND ,'.., ~y,¡of ':NOYEtvlBER
JEREMY NELSON AND MEGHAN NELSON ,I H~PANf) :-Þ,.ND' WI FE
2006
, between the Mortgagor,
.,
,
(herein "Borrower"), and Mortgagee BENEF I C I AL WYDM NG I NC,
a corporation organized and existing under the laws of ! ~YOM I NG
1363 DEWAR DR I VE, PLAZA MALL S1£, 8;' .ROCK SPR INGS, WY
(herein "Lender").
,
whose address is
82901
,.
The following paragraph preceded by Ii checked bOx is applicable.
,.'" .
n:, " ;.'Ù"l~,"" '
I . .:1"'};.:-,~, I
!Xl WHEREAS, Borrower is indebtedt¿~er;ï9A~'.Pf~~1 S4m of $ 174,591.25 ,
ev~ed by Borrower's Loan Agreement datêd 'NOV'E'''BE'R't:2, 2006 and any extensions or renewals thereof
(including those pursuant to any Renegotiable)~¡~te :t\,gr~riíe~t herem" ote"), providing for monthly installments of
principal and interest, including any adjustmentf¡;;t;Q ~þ,e ,amount of payments or the contract rate if that rate is variable,
with the balance of the indebtedness, if not sooh~~f4i'~C\~i~nq payable on NOVEMBER 2, 2036
. ~ .
D WHEREAS, Borrower is indebted to Lender in 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 J}1onthly 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 hù:tial advançe of S
- _'_ :..; . I : '.; ,,:j. ,~~_~ ~.
. . _ ;}t'..,< :. " .. .~, ',.\'. . _ _ :;
TO SECURE to Lender the repaymë~f ot'( I} the~'in'debtedness evidenced by the Note, with interest thereon,
including any increases if the contract rate is'variable; (2) future advances under any Revolving Loan Agreement; (3) the
payment of all other sums, with interest thereon, advanc¢ in accordance herewith to protect the security of this Mortgage;
and (4) the performance of the covenants arid .a~.~eement,s! 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:
./ r¡
I
",-, ~>"'
SEE ATTACHED EXHIBIT A ":,
'¡;' .:. ;/~~t,i\
~, I
,.
l
RECEIVED 11/612006 at 3:41 PM
RECEIVING # 924112
BOOK: 639 PAGE: 405
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
, '-~-; ~'-"
.¡~;I¡: 1
.: !.... ,
'I; ;';'1 '
, ,
.... .'
'; ,:','
..
ï; ,.
. ,
I'il\l./'
, .. '.i.
I:
I
'.': 't'....
, 't~~'
. .. '. .1'f.:,
?' ;'~JvfNr"~~¡
~:, i,
.. .J~.:
,'.',:.::1; ii
C ,
,:'i'i ... ':{L,:,.::::'
·"1.\~iJ:; r! ':.;,~~. -~ f""
which has the address of 87058 HWY 89, PO BOX 728,
(Street)
AFTON
(City)
Wyoming
83110
(Zip Code)
(herein ~rroperty :A.ddre~");
. ,'.
J, ;
IIIIIIIIIIIIIIIIIDIII~IIIIIIIIIIIIIIIII
WY001401
11-11-05 MTG
I '; ì Ji
FILE COpy
.I.."j....
09~411;;, , ;-2-''' I, ". 000406
TOGETHER with all the improvements now or! he~1.f~rt-er~i~ on the property, and all easements, rights,
appurtenances and rents, all of which shall be deemed"tb:: ~åri(fi~·tfmain a part of the property covered by this
Mortgage; and all of the foregoing, together with saidprb~I4.y (þ,f/,-hè leasehold estate if this Mortgage is on a
leasehold) are hereinafter referred to ~ the "Propertt~ "I>tf~t;;':i . ,~¡i" .
Borrower covenants that Borrower 1S lawfully ~1~'bf' t4e·~tat~}h~reby conveyed and has the rtght to mortgage,
grant and convey the Property, and that the Pto~"is UQëtlC~. ." '~'ted, ,except for encumbrances of record, and
Borrower warrants and wiH defend general1y the tide" to the' P f' ,,' <~:', ag~inst all claims and demands, subject to
encum brances of record. .' ',' ".' ' I. "
UNIFORM COVENANTS. Borrower and Lender oovenant and'agree as follows:
1. Payment of Principal, Interest, Escrow Items; Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest (including any variations .t9:in~erest resulting from changes in the Contract
Rate that may be specified in the Note) on, the debt eviden~ed bfthë ¡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 made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or. this ~ecurity Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payme11¡ts~duej~dê1dffë.,Note and this Security Instrument be made in
one or more of the following forms, as selected by Letîder: (a)' cashNõ) mo'ney order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any suen check is drawn 'upon an institution whose deposits are insured by
a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
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 wai ver of any rights hereunder or
prejudice to its rights to refuse such payment or partj~1 pay'm~nts .ip' ;;he future, but Lender is not obligated to apply
such payments at the time such payments are accepted: Îf1ciíò1t:Përi&lic Payment is applied as of its scheduled due
date, then Lender need not pay interest on unapplied fuoqs~ar:end~1may hold such unapplied funds until Borrower
makes payment to bring the Loan current. If Borrower"dôés' ~t db ~Sò 'within a reasonable period of time, Lender
shall either apply such funds or return them to Botr~wéiì'.':~' :1iOt ~pþ1ìed earlier, such funds wiH be applied to the
outstanding principal balance under the Noteimniêdi#è11;!íffi~f tQ,t'tbreclosure. No offset or clailT} which Borrower
might have now or in the future against Lender shalfÌfêti'bve' BOrro~~~l~?m making payments due under the Note and
this Security Instrument or performing the covenants' ana agreemerttå"~red by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwiáe'äeSêribed in this Section 2 or as may be required
by the Note and/or applicable law, all payments accepted artd appHed''"by Lender shall be applied in the following order
of priority: (a) interest due under the Note; (b) principal"due under the Note; (c) amounts due under Section 3. Such
payments shall be applied to each Periodic Payment in the ordèr in which it became due, Any remaining amounts shall
be applied first to late charges, second to any other amountsçhre un'dc¡:,tthi~ Security Instrument, and then to reduce the
principal balance of the Note. ,. . : i ; ',,:'/'
If Lender receives a payment from Borrower for a'"delinquent Periödic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the, delinquent payment and the late charge. If more than
one Periodic Payment is outstanding, Lender mayapplyány paymenF~eived from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can!lbe,paiä"rnfu11. To the extent that any excess exists after
the payment is applied to the fu11 payment of one ot: more Periodic Payments, such excess may be applied to any late
charges due. Voluntary prepayments sha11 be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Misce11aneous Proceeds to principal due under the Note sha11
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shaH 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 Secürity Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents orîtheiFfèJþêrty[ if· any; (c) premiums for any and a11 insurance
required by Lender under Section 5; and (d) Mortgage InSurançe pre~iums, if any. These items are called "Escrow
Items." At origination or at any time during the term of't4è"Uian,"I~nder may require that Community Association
Dues, Fees and Assessments, if any, be escrowed by'Borr.Owef~ å'åd SOch''dUês, fees and assessments sha11 be an Escrow
Item. Borrower shall promptly furnish to Lende~ allL.<n8tìcJëg:fõf'aiin."oYnts' to 'be paid under this Section. Borrower shall
pay Lender the Funds for Escrow Items Unless Lender;YJáíVèsBoifa'Wt:r's obligation to pay the Funds for any or a11
Escrow Items. Lender may waive Borrower's obligatiort tò pay'to'~r'Funds for any or a11 Escrow Items at any
time. Any such waiver may only be in writing, In the event of such waiver, Borrower sha11 pay directly, when and
where payable, the amounts due for any Escrow Items for which payment 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 a11 purposes be deemed to be a
covenant and agreement contained in this Security Instr~m~nt;"aslfJ~!Pþ.rase "covenant and agreement" is used in
Section 7. If Borrower is obligated to pay Escrow Items directlý. pU~slMili.t to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercìße' its' rights under Section 7 and pay such amount and Borrower
shall then be obligated under Section 7 to repay to Under ~yi such amount. Lender may revoke the waiver as to any or
a11 Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower sha11
pay to Lender a11 Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, co11ect 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 a11
requirements and restrictions that are imposed in regard to a "federa11y related mortgage loan" even if the loan does
not qualify as a "federa11y related mortgage loan" under RESPA. Lender sha11 estimate the amount of Funds due on
the basis of current data and reasonable estimates of expenditurf:5 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 Item,s no l~ter ,tþan the time specified under RESP A. Lender sha11 not
charge Borrower for holding and applying the Funds~annually analyz.iQg the escrow accoont, or verifying the Escrow
Items, unless Lender pays Borrower interest on the Funds and App1iç,~e:.'.La:w, permits Lender to make such a charge.
. ,.:." -:"''':::'1''
.: . ,->~.:, "';
11-11-05 MTG
1111111111111111111 D mllll~JIII UIUII U~ 1111111/11111111111 ~ III
WY001402
~mm!t~;;8·¡~:~~D52D6Q96MTG8000WYOO 1402FIIIINELSD~ ;1,1
:1
I, ,
I
FILE COPY
I"j';~,·~~~~" . ¡ ~~~;~':~:,t~'~ \:~: ~,:~-.~;.~~;~:;.~:.~_.i.:. . 0004 ,-,:-:,':;:,:;:;:;:~;:;:T:~~
() (" ~ j, ¡::¡ :"¡';;:,~;':~>T;';t . '.,. ~:..: . f." , I;~ .: I , '~':*:I:':¡:':I:.:.¡I, 0 .:,'};: 'i:':~.':~:';;:~
Unlew~g:i;.::[,:;l';.~ is made in writing'or Ai>wjca,~(êiµ~~:':h;4uires interest to be paid on the Funci~i;"tfnder shall not
be required to pay Borrower any interest Oiþ8þ1ipgs)m the Funds, Borrower and Lender can agree in writing,
however, that interest shall be paid on the Funds.'Lender·shall give to Borrower, without charge, an annual accounting
of the Funds as required by RESP A.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall 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 shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to
make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency
of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower
shall pay to Lender the amount necessary to~~e :u,p, the deficiency in accordance with RESP A, but in no more than
12 monthly payments. . ,~';:::¡"-,..' I" ' .1,
Upon payment in full of all sums secured by this Sc::curity Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. ',"
4. Prior Mortgages and Deed of Trust; Charges;,Licrns., Borrower shall perform all of Borrower's obligations under
any mortgage, deed of trust or other securìtJ( ~greef:T:1en,t with Ii lien which has priority over this Mortgage, including
Borrower's covenants to make payments whê~' d1:le.· Borrower shall payor cause to be paid all taxes, assessments and
other charges, fines and impositions attributaöle to the ~roperty ,which may attain a priority over this Mortgage, and
leasehold payments or ground rents, if any. '.
5. Hazard Insurance. Borrower shall keep.:,ipe· impró~em,e~ts now existing or hereafter erected on the Property
insured against loss by fire, hazards inclu~e4"~11iin the term "ettended coverage," and such other hazards as Lender
may r~uire and in s~h amou.nt,s and fo~ suçh"~riods as4ngfr may require, .
The Insurance carner provldmg the lnsuraQÇe shall.1:>.ei .cJjo~n by the Borrower subject to approval by Lender;
provided, that such approval shall not be, unr~~na~1¥J~W:¡tÞQéI4~ All insuranc: policies and ren~wals thereof shall be in
a form acceptable to Lender and shall mclµç:ie'a st~I14af;a'mortgage clause m favor of and m a form acceptable to
Lender. Lender shall have ~he right to hql~.FJw.:.~.(~~~~,~Ìld re~ew~ls thereof., subject to the terms of any mortgage,
deed of trust or other secunty agreement wltQra ~!'-Çn.~cbIÞ~: pnonty over thIs Mortgage.
In the event of loss, Borrower shall give pr.Qrnpt~plièetothe insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security"is not lessened. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to
Borrower.
If the Property is abandoned by Borrower, o~ ~.f:J3Qr,rower¡fa.j s to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the ~Q$ur8nce catrier offers to settle a claim for insurance benefits, Lender
is authorized to collect and apply the insl1rariceprOc~ds' i ailender's option either to restoration or repair of the
Property or to the sums secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writjng, any' ,application of proceeds to principal shall not extend or
postpone the due date of the monthly pay,mem$ referred to. in paragraphs 1, 2 and 3 or change the amount of the
payments, If under paragraph 17 the Property is. acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from damage to the Proper~y -þriqr .to 'the 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 Pr~~rty; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shall keep the Property in gqoØ r~¡'~~nd shall Qot commit waste or permit impairment or deterioration of
the Property and shall comply with the prov~$i~ ofaoy le8SC1jfthis Mortgage is on a leasehold. If this Mortgage is on a
unit in a condominium or a planned unit develõpment;Botr:9v..ér shall perform all of Borrower's obligations under the
declaration or covenants creating or goveJ"Qint, th~<~HA6:ihihiùm or planned unit development, the by-laws and
regulations of the condominium orplannedûhh,dev~toPInbnt, and constituent documents.
7. Protect~on of L~nder's Secui~ty: .JfBó.r.r,~~~1t: fa, '.i~~to perfor~ the covenants and .agreeme.nts contained in this
Mortgage, or If any actlOn or proceedmg IS comme~~.'Wh1ch,matertally affects Lender's Interest m the Property, then
Lender, at Lender's option, upon notice to(B'8ITowèr:{:m~y 'make such appearances, disburse such sums, including
reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender requires mortgage
insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to
maintain such insurance 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 Lender pursuant to this paragraph 7, with interest thereon at the applicable Contract Rate,
shall become additional indebtedness of Borrow~r secµre9 by ~s Mortgage. Unless Borrower and Lender agree to other
terms of payment, such amounts shall be P8ðf~!#, ~pP~' noticp ;from Lender to Borrower requesting payment thereof.
Nothing contained in this paragraph 7 shall recj9ireL;nder tQ,inqur 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 aQY, such inspection specifying reasonable cause therefore
related to Lender's interest in the Property, .:,; " ',. I ," .
9. Condemnation. The proceeds of any aWFd or clai~ for damages, direct or consequential, in connection with any
condemnation or other taking 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· mortgage, deed of trust or other security agreement
with a lien which has priority over this Mortgagÿ..:, , ,;' , :!
10. Borrower Not Released; Forb~ar..qc~i-,Bý Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the s~ms .~H(.~ by this. ~o,rtgage grant~~ by Lender to any successor in interest of
Borrower shall not operate to release, m anY'~~tu::r" the l.u~bHity af the ortgmal Borrower and Borrower's successors in
interest. Lender sh~1I not ~ requir~ t.o co~1tJenc7B{.?~~~~ a:g~inst such successor or refuse to ettend time for
payment or otherwIse modIfy amortlzatlOn oJ :tiJe sl1ms'~rèäiby thIs Mortgage by reason of any demand made by the
original Borrower and Borrower's successd~~·'.~'P5n~;Any forbearance by Lender in exercising any right or remedy
hereunder, or otherwise afforded by app1ica'ble~~w, Sî{aJPlOt be a waiver of or preclude the exercise of any such right or
d """,.". ,,,:It.ì,.,,·,,,, ,
reme y, ",;,..,..;¡U". '.",' ,
II. Successors and Assigns Bound; Joint'¡and Several !Liability; Co-signers. The covenants and agreements
herein contained shall bind, and the rights hereùnder shall inure to, the respective successors and assigns of Lender and
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, grant and convey that Borrower's interest. in the Property to Lender under the terms of this
Mortgage, (b) is not personally liable on th.e Note or unde~ this Mortgage, and (c) agrees that Lender and any other
11-11-05 MTG
.(,:,,', :," ',,: ¡,
I 'v.~~' ~''','~,:;:, }:tn~ t. .~.¡~.
IllnIIIIIIIIIIIIIIlíIUllllfllll~UII.U~ UIIIO IU~ 111I III 11111 U~IIIIII
WY0014D3
IINI4BD52D6Q96MTG8000WYOOI403FIII'NELSON
~M
FILE COPY
It..
í '~':
/
O~;::411.~~ . ' ":·~'j:"¡~J~;;i!¡'~Y;·; . ' , . 000408
Borrower hereunder may agree to ertend, modify, f(jrqe\¡f,!,,~l(inar&;'\Kriy',o~her accommodations with regard to the
terms of this Mortgage or the Note without that Borr:P\V~f~'~öiišent)ild'wïthout releasing that Borrower or modifying
this Mortgage as to that Borrower's interest in the Pr~t~'~~!':"" ~,~p:' ,
12, Notice. Except for any notice required underfawlìëable law·.!~·~ giyen in another manner, (a) any notice to
Borrower provided for in this Mortgage shall be giveti by del.ived~gÃ~.or.'.b'y mailing such notice by certified mail
addressed to Borrower at the Property Address or at such other addrèSš"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 Leriddiwhen given in the manner designated herein.
13. Governing Law; Severability. The applicable law contained irithe Note shall control. Where no applicable law
is contained therein, 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
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 w,Qichcarröe gi~eþeffect w,ithout the conflicting provision, and to
this end the provisions of this Mortgage and the Note âre declà'r~·tt'P1S'é 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 cònformed copy of the 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 to execute and deliver to Lend~r, in a form acceptable to Lender, an assignment
of any rights, claims or defenses which Borrower may haveagai11Stparties who supply labor, materials or services in
connection with improvements made to the Property, . :t't~l'.;:Ir~f¡ :,'~\'ti .' I
16. Transfer of the Property. If Borrower Sells orltt8iíSfë.1VèaU'~f\ny 'part of the Property or an interest therein,
excluding (a) the creation of a lien or encumbrance subo~dt~td.t8t1ìM(M:ortgáge, (b) a transfer by devise, descent, or by
opera~ic:>n of law ~pon the death of a joint tenant, or'~cU~ê grliti~ 0tå!lylease~old inte~est of three years or less not
contammg an optiOn to purchase, Borrower shall ca~~fØ''Öe{1¡}~btn1tt~ InformatiOn reqUired by Lender to evaluate the
transferee as if a new loan were being máde to the tNiisf~ree. Borid~t; will continue to be obligated under the Note
and this Mortgage unless Lender releases Borrowerin:·~riting.' ' ,.~~ft\'t,". ¡ "
If Lender does not agree to such sale or transfer, Lender ~'aý deè1~1ilIofthe sums secured by thi& Mortgage to be
immediately due and payable, If Lender exercises suëh optid1'l'· to' 'åccelerate, 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.: . ,'.:., ..
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law,
upon Borrower's breach of any covenant or agreement of! ~orrower in this Mortgage, including the
covenants to pay when due any sums securedb~1' thi~'Mortcäié, Lender prior to acceleration shall give
notice to Borrower as provided in paragraph 12'hereof:spêcifying: (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 and the right to bring a court action to assert the
nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not
cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums
secured by this Mortgage to be immediately due' and·¡pïtf~ble{:~ithout further demand and may invoke the
power of sale and any other remedies permitted"by'laltplfçá'jjlé Ifaw.' Lender shall be entitled to collect all
reasonable costs and e1:penses incurred in pursuing 'the':è~lþétf~èj provided in this paragraph 17, including,
but not limited to, reasonable costs and 'expeBse's1rièiJned fln<'pursuing the remedies provided in this
paragraph 17, including, but not limited to, reasonable îtiorney(fees.
If Lender invokes the power of sale, Lender\-:Slila'~l;givè'notiët .of intent to foreclose to Borrower and to
the person in possession of the Property, ifdifferèrit, in accort1ìín.l!èwith applicable law. Lender shall mail a
copy of a notice of the sale to Borrower in themann¿r pr8ti8e'dïn paragraph 12 hereof. Lender shall
publish the notice of sale and the Property shall be soJdi'nthé'manner 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 and 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 the person or persons legally entitled thør;eJo..:",.' !'
18. Borrower's Right to Reinstate. Notwit~ta.rlðing ~nder'sac,celeration 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; Ltnd~r:ìn Possesion. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, pr()vid~ that Borrower shall, prior to acceleration under
paragraph 17 hereof or abandonment of the Property, ~ave ~he right to collect and retain such rents as they become due
and payable, d", ".' . .
Upon acceleration under paragraph 17 hereof or.:abandonmentt of the Property, and at any time prior to the
expiration of any period of redemption following judièi'alsale, 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 tothe sums secured by this Mortgage. Lender and the receiver
shall be liable to account only for those rents actually received.
11-11-05 MTG
IIII~IIIII~ 1III nllllllllll._~~ IIIII~ II~UI~ m¡u~ ~~~ 111m III III~ II~ 111111 ~ IIII
~ti::;::::::i~¡;]tB05206Q96MTG8000WYOO 1404FIIIINELSON , :,. , : ·,.i~.:·..¡:!:¡:..:;,:::::;~L· ;¡ .' ; FILE COpy
!;;""¡"-".:..,;." ' , .' ,- ." :
..............~-- -
WY001404
. . ~ '
'~'¡"... ~'-' ~.,,- ~t
Qoø;:"""":';':":':','¡"'J¡
J__:::~~:2~ .~
.,
r~~~~~r~;m{ç
;:.'.;.:,:;,;~;.;:¡;-----;
OOJ4'ô3
, .
.r:'
:" ~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
incorporated by reference and made a part of this Mortgage.
,;, .: ';1.;.
!I. :/!I
,1\ .
\, ,~,.:')}ff~C~.~.
~s:{ ';_; \ ,.
.; '-.. -
t J~
:'1
~_ t; ~..··,t ~ r-;:':' -h.~' ~.', i f'
"
:1
" ¡ ~
¡'I
ttTh~s sp~ç~ in ten tionally left blank It
... "·}-.1t':"d: \, ,"
:": ~¡,r \ :.'
t·
~..
",
,t,':',
:~ ~
. ~.;, . .
, '
!' ~''''¡'¡i..-;el
, \- ~~";.:~~':¡{~:
'f',
......,
.-; .
"
, '
11-11-D5 MTG
WYDD14D5
111111111111111I111InUIII~ II~ U~ UI II 1M U~ UIII 1 1111111111111 ~ III
MN14BD52D6Q96MTG8000WY001405FMMNELSON
M
FILE COpy
-..
/
l'''..À'' ·"1 ""'1.~J,'
, .,J -"""1: L ,~
1>:-
. c:,l"
;oL,
..~ ~'.
~
000410
REQUEST FOR NOTICE OF,;DEFAULT
AND FORECLOSURE UNDER::'SUPEI.UOR
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 nf: ~" ." "', i /'
" iE:.~~
~N fúß~r>0
STATE OF WYOMING, SWEETWATER County ss:
(SEAL)
-Borrower
(SEAL)
-Borrower
'.' ~I>"'~'-'
The foregoing instrument was acknowledged before me by " :t JEREMY NELSON AND MEGHAN NELSON. HUSBAND
this 2ND day of NOVEMBER .', . t 20· : 06 .. ; ': ' , AND WIFE
j(:',; " ,:,);'" . '~I
WITNESS my hand and official seal. ", ji ,I, ' "~"~ .
I
Wyoming
Notarv Public, County ot Iw..twat.r
My Com million Expire.
.ILnt 17, 2009
F WYOMING,
1- ('21)11
"
"I 'II "
, .t"(' L:'I~ ,'I,';
County ss:
The foregoing instrument was acknowledged before me by
this day of ,20
WITNESS my hand and official seal.
oj
My commision expires:
J'
. oJ}:,
, "t
Notary Public
,-~ '
t~;J..,¡it,
I.
',".
f;
:J ,i 1 ',' ,'"
.1..... i ':: ~ !; ;.: . ; \ ;¡
(Space Below This' Lihe 'R.:e8étv~ Pot' Lender:and Recorder)
, i !~Returri~T d: '
RecordS Processing Services
577 Lamont Road
Elmhurst, IL 60126
"¡"i'';
:,!,\'.w, "~'I
Irt :",.I:··,ì\'.',':;} ,; ,!·;f·"
, ;JJ, ~
, ·~/.r',.
'~.: .~ ::,;:\.Lf(i:¡",
!¡¡ ;I , ," I,
: """, '
..-;..;:~ !
~::.~
~_ ,(·fl·; :.:.. .
:."~~}'I;~r
"
11-11-05 MTG
WY001406
1IIIIIIIIIIIIIIIIIIIIU~Ulllllœlllll~"llInl~11
; ~ ~¿; .. FILE COPY
:.~"'7 ",
_I _~
...···...·..;:II!:..·······
1OJ-02-2121a6 11 : 16
A..LIA-Œ TITLE FH) ESæCLJ
3Ø7 ff77 96Ø2
P.B2/1B
09~411;~
000411
LEGÅL DESCRIPTION
EXHIBIT 'A'
Order No: 6010616214CH
"
A pordou ofth.e Da'ris property ..1"IÚ:I'ftd to i. the Deed recorded ¡a Book 2Z3PR 0.11
page 390, wüI1 the offiœ of the Clel'k of Lbacoha CoIudy, W)'OIIÚIII witbiD the
SWY.sWYßW~ of Sec:ti_ 18, Towlllldp 32 North, IWIp 118 W-., oftbe 6111 P.M.,
U.eoID Couty, WyobÛll¡, the..... ud bouadi bebal Blore )JarUealarly deseribed as
follow,:
BEGINNING at tIae SoIItJÞrelt COI'MI' ., die eD8t.iac cirde driveway, laid poiD.t of
b........ beiag 457.66 fed NortIa !r34'W East, from the h-o. pipe marlduø tile
Babr E_p.--s PElLS 698, ~ for tile Soeatlaw..t Caner of the SW'/ßW~ of
Sectioa 18, also said pobd of ~.n'" beba& 900.33 feet Sod 8"43'55" Eat, 900.33
feet 1roIu the troll pipe IIIU'JdJas tile Lloyd B. Bak.. PrILS 698. 1978 Ioc:atio. for ttae
.NoJ1:lnf_ Co.... of aid swy..swy~
tlacaœ North 0021'51" Eat, 68.91 feet; ÜIaace Soutla W14'54" Eat, 17.93 feet;
tta-.ee Norda 0-50'30" Eat, 67.80 feet; UIeaee Sod ..,.09'30" East, 13..56 feet;
tIaÞ.~e No"" 1~2~t Eatt. 26.78 feet; ..... Norda W39'08" Eat, 104.68 feet;
daeIaœ Soatb 0002'23" W.... 148.98 teet; dI-.œ SoatJa 89"57'37" East, 5.00 feet;
tIJ..u Sod "%'23" Welt, 10.00 feet; tIaeDee Norda 19"ST'37" Welt, 5.00 feet;
f"-~ Sod 0-02'23" West, S.28 feet; tIIaœ Nora. 89"45'21" Welt. 138.13 feet, to.
Poiat of.........
II..
/