The URL can be used to link to this page

Home My WebLink About924354 <t;~~;Ii~f! ',"i'.'·',.-"·- u6Ó001 RECEIVED 11/13/2006 at 2: 18 PM RECEIVING # 924354 BOOK: 640 PAGE: 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WYOMING OPEN-END MORTGAGE (Securing Future Advances) 0059529990 TIllS MORTGAGE is.given on November 8th, 2006 The mortgagor is James H Dyer r. Susan Dyer, Husband r. Wife This mortgage is given to FIRST HORIZON HOME LOAN CORPORATION whose address is .000 Horizon Way, Irving, Texas 75063 In this Mortgage, the terms "you", "yoms" refer to the mortgagor(s). The terms "we", "us" and "om" refer to FIRST HORIZON HOME LOAN CORPORATION Pursuant to a Home Equity Line of Credit Agreement and disclosures W1der the Federal Truth-In Lending Act dated the same date as this Mortgage (" Agreement"), you may incm indebtedness in amounts fluctuating from time to time up to the MAXIMUM PRINCIPAL SUM of SEVENTY FJ:VB THOUSAND r. 00/100 Dollars (U.S. $ 75,000.00). The Agreement provides for the full debt, if not paid earlier, to be paid by DECEMBER 1, 2026 You agree that this Mortgage shan continue to secme aU sums now or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are advanced to you whether or not at the time the sums are advanced there is any principal sum outstanding under the Agreement. This Mortgage secmes to us: (a) the repayment of the debt evidenced by the Agreement, with interest, and aU refinancings, renewals, extensions and modifications of the Agreement; (b) the payment of aU other sums, with interest, advanced under paragraph 7 of this Mortgage to protect the security of this Mortgage; and (c) the performance of yom covenants and agreements under this Mortgage and the Agreement. For this pmpose and in consideration of the debt, you do hereby mortgage, grant and convey to us and om successors and assigns the property located in Lincoln County, Wyoming, to wit: LOT 1 OF STAR VALLEY RANCH PLAT 5 AS DESCRIBED ON THE OFPICIAL PLAT THEREOF RECORDED MAY 30, 1971 UNDER DOCUMENT NO. 431709 IN LINCOLN COUNTY, WYOMING WY HELOC FHHLC 03-04 10f6 lßtfyf~ rjJ FH6D271 0924354 000002 Which property has the address of: 1530 County Road 118, Thayne, WYOMING 83127 "Property Address". TOGETHER WITH aU the improvements now or hereafter erected on the property, and aU easements, appmœnances, and fixtures now or hereafter a part of the property. AU replacements and additions shaD also be covered by this Mortgage. AU of the foregoing is referred to in this Mortgage as the "Property." YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against aU claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as fonows: 1. Payment of Principal, Interest and Other Charges. You shaD pay when due the principal and interest owing under the Agreement and aU other charges due under the Agreement. 2. Payments of Taxes and Insurance. You will pay, when due, aU taxes, assessments, leasehold payments or grmwd rents (if any), and hazard insmance on the Property and mortgage insmance (if any). 3. Application of Payments. Unless applicable law provides otherwise, aU payments received by us under the Agreement and paragraph 1 may be applied by us first to interest and other charges payable W1der the Agreement and then to the remaining principal balance W1der the Agreement. 4. Prior Mortgages; Charges; Liens. You shaD perform aU of yom obligations W1der any mortgage, deed of trust or other security instruments with a lien which has priority over this Mortgage, including yom covenants to make payments when due. You shaD pay aU taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Mortgage or any advance under this Mortgage, and leasehold payments or ground rents, if any . Upon om request, you shaD promptly fmnish to us aU notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shaD promptly discharge any lien (other than a lien disclosed to us in yom application or in any title report we obtained) which has priority over this Mortgage or any advance to be made W1der the Agreement or this Mortgage. 5. Hazard Insurance. You shaD keep the Property insmed against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insmance. This insmance shaD be maintained in the amounts and for the periods that we require . You may choose any insmer reasonably acceptable to us. Insmance policies and renewals shaD be acceptable to us and shaD include a standard mortgage clause. If we require, you shaD promptly give us aU receipts of paid premiums and renewal notices. You shaD promptly notify the insmer and us of any loss. We may make proof ofloss if you do not promptly do so. Insmance proceeds shaD be applied to restore or repair the Property damaged, if restoration or repair is economicaUy feasible and om security would not be lessened. Otherwise, insmance proceeds shaD be applied to sums secmed by this Mortgage, whether or not then due, with any excess paid to you. If you abandon the Property, or do not answer within 30 days om notice to you that the insmer has offered to settle a claim, then we may conect and use the proceeds to repair or restore the Property or to pay sums secmed by this Mortgage, whether or not then due. The 30-day period will begin when notice is given. 0059529990 WY HELOC FBBLe 03-04 20f6 )j$4/4 ~ FH6D272 / 0924354 000003 Any application of proceeds to principal shaD not require us to extend or postpone the due date of monthly payments. If we acquire the Property at a forced sale fonowing yom default, yom right to any insmance proceeds resulting from damage to the Property prior to the acquisition shaD pass to us to the extent of the sums secmed by this Mortgage immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholch. You shaD not destroy, damage or substantiaily change the Property, aUow the Property to deteriorate, or commit waste. If this Mortgage is on a leasehold, you shaD comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shaD not merge unless we agree to the merger in writing. 7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affect om rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce the laws orregulations), then we may do, and pay for, anything necessary to protect the Property's value and om rights in the Property. Our actions may include paying any sums secmed by a lien which has priority over this Mortgage or any advance W1der the Agreement or this Mortgage, appearing in com, paying reasonable attorney's fees, paying any sums which you are required to pay under this Mortgage and entering on the Property to make repairs. We do not have to take any action we are permitted to take W1der this paragraph. Any amounts we pay W1der this paragraph shaD become additional debts you owe us and shaD be secmed by this Mortgage. These amounts shaD bear interest from the disbmsement date at the rate established W1der the Agreement and shaD be payable, with interest, upon om request. If we require mortgage insmance as a condition of making the loan secmed by this Mortgage, you shaD pay the premi\DDS for such insmance until such time as the requirement for the insmance terminates. 8. Inspection. We may inspect the Property at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other talcing of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shaD be paid to us. 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortizatiotl of the sums secmed by this Mortgage granted by us to any of yom successors in interest shaD not operate to release yom liability or the liability of yom successors in interest. We shaD not be required to commence proceedings against any successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secmed by this Mortgage by reason of any demand made by you or yom successors in interest. Our forbearance in exercising any right or remedy shaD not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Mortgage shaD bind and benefit yom successors and permitted assigns. Yom covenants and agreements shaD be joim and several. Anyone who co-signs this Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay aU other sums secmed by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend, modify, forbear or make any accommodations regarding the terms of this Mortgage or the Agreement without such person's consent. 12. Loan Charges. If the loan secmed by this Mortgage is subject to a law which sets maximwn loan charges, and that law is finally interpreted so that the interest or other loan charges conected or to be conected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shaD be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already conected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed W1der the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge W1der the Agreement. 0059529990 WY HELOC FHHLC 03-04 30f6 Utß~'Ij#¿{) FH6D273 I:;~ii:;~~:i:;~ :::;:I';&:~õ~:J ~::;;:'~::;f;:$:lf ~'.'I'I.'tt f '.',~ 0924354 000004 13. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shaD be delivered or mailed by first class mail to the Property Address or any other address you designate by notice to us. Unless otherwise required by law, any notice to us shaD be given by first class mail to om address stated above or any other address we designate by notice to you. 14. Governing Law; Severability. This Mortgage shaD be governed by federal law and, except as preempted by federal law, by the law of jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Agreement conflicts with applicable law, such conflict shaD not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Agreement are declared to be severable. IS. Transfer of the Property. If aU or any part of the Property or any interest in it is sold or transferred without om prior written consent, we may, at om option, require immediate payment in full of aU sums secmed by this Mortgage. However, this option shaD not be exercised by us if exercise is prohibited by federal law as of the date of this Mortgage. 16. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer") that conects monthly payments due W1der the Agreement and this Mortgage. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new LoaD Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. 17. Hazardous Substances. You shaD not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shaD not do, nor aUow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shaD not apply to the presence, use or storage on the Property of Hazardous Substances in quantities that are generaUy recognized to be appropriate to normal residential uses and to maintenance of the Property. You shaD promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority, lhat any removal or other remediation of any Hazardous Substance affecting the Property is necessary, you shaD promptly take aU necessary remedial actions in accordance with Environmental Law. As used in this Mortgage, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the fonowing substances: gasoline, kerosene, other flammable or toxic petrolewn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Mortgage, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation; or (3) you take any action or fail to take any action that adversely affects our security for the Agreement or any right we have in the Property. H a default occurs, we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shaD further inform you of any right to reinstate after acceleration and the right to assert in any foreclosure proceeding the non-exåstence of a default or any other defense you have to acceleration and foreclosure. H the default is not cured on or before the date specified in the notice, we at our option may require immediate payment in full of aU sums secured by this Mortgage without further demand and may foreclose this Mortgage by power of sale. 0059529990 WY HELOC FHHLC 03-04 40f6 J}~~r 4{J FH6D274 , -, · _... _.... ",~._- --. 0924354 000005 H we invoke the POWER OF SALE, we will give notice of intent to foreclose to you and to the person in possession of the Property, if different, in accordance with applicable law. We will give notice of the sale to you in the manner provided in paragraph 13. We will publish the notice of sale, and the Property will be sold in the manner prescribed by applicable law. We or our designee may purchase the Property at any sale. The proceeœ of the sale shall be applied in the fonowing order: (a) to aU expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to aU sums secured by this Mortgage; and (c) any excess to the person or persons legally entided to it. 19. Satisfaction. Upon yom request and payment of aU sums secured by this Mortgage, we shaD cause the entry of satisfaction to be made upon the records of this Mortgage . You shaD pay aU costs and fees for entering the satisfaction upon the records of this Mortgage. 20. Riders to this Mortgage. If one or more riders are executed by you and recorded together with this Mortgage, the covenants and agreements of each such rider shaD be incorporated into and shaD amend and supplement the coveœœs and agreements of this Mortgage as if the rider( s) were part of this Mortgage. o Condominium Rider 01-4 Family Rider DPlanned Unit Development Rider o Other(s) (specify) 21. Waiver of Homestead Exemption. You are hereby releasing and waiving aU rights under and by virtue of the homestead exemption laws of the State of Wyoming in the Property. Your waiver means that we may exerœe aD of our rights under this Security Instrument. Request for Notice of Default and Foreclosure Under Superior Mortgages or Deeds of Trust l(We) and Lender request the holder of any mortgage, deed of trust, or other encumbrance with a lien which has priority over this Security Instrument to give notice to Lender, at Lender's address set forth on page one of this Security Insþ1Dnent, of any default W1der the superior encumbrance and of any sale or other forec10sme action. 0059529990 WY HELOC FHHLC 03-04 50f6 Jft~J~~ FH6D275 ;ililii¡JI~~t 0924354 f;·:~,:·.~'N;:'~; ::::.':::'~'WJt!,I: 000006 BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Mortgage and any rider(s) executed by you and recorded with it. BOTH SPOUSES MUST SIGN f:&ntd ~~ J es H Dyer , Mortgagor , Mortgagor STATE OF WYOMING, LINCOLN . , Mortgagor County 55: The foregoing instrument was acknowledged before me this ~ day of N.~ ,Z(jj..p by James H Dyer r. Susan Dyer WITNESS my hand and official seal. My Commission EXPires:~~t--:3> 2.{)l 0 \",""11'", ....\\\ ....~e. ROÓI!"~ ~ "'-\r .......... ". ~ $' ,... ~\..Ol ~ 0 ~ § /cl" NOT"'Ft;.o,~~ ., '\ =r-( -e_. = ;~ \-z ,aLl8l1C J' flj , ~ .."'^- ~a.. ~ , ~.., ''-.~, 3 Zo ... ~ ~ " C ....·J···:,,1o.10 ....... "'._ 'f' ~ ,,,, ThiS '"'~ Prepared By: FIRST HORIZON HOME LOAN CORPORATION 1315 SOUTH HIGHWAY 89, SUITE 101 JACKSON, WY 83001 After Recording Please Retmn To: l'HHLC - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 0059529990 WY HELOC FHHLC 03-04 ~~~()A -'\~~ ~ , Notary Public 60f6 FH6D276 '<; 09Z43S4 000007 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 8th day of November, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to FIRST HORIZON HOME LOAN CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at 1530 County Road 118 Thayne, WY 83127 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 0059529990 MUL TIST ATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie UNIFORM INSTRUMENT Form 3890 1101 .-365R (0411) œ Mac Page 1 of 2 VMP Mortgage Solutions, Inc. (800)521-7291 I_b~j~b 1111111111111 1111 "IIIIIIII~ II 'r ForfeiT osure c ,I procee :r~f::,;~~~mi ~;fTI¡¡~Æp:~: EB 092435L1 000008 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. pu¿¡~'~If~ es H Dyer (Seal) -Borrower f2~~ r,iliJ'<,f.¡.; 4-køkrl~cI- t<fi<F #" ~wer (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0059529990 e-365R (0411) ~ Page 2 of 2 Form 3890 1/01