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HomeMy WebLinkAbout929155 'V"J240 t .~~':. :f.::· ~;_"~ ,:": ~ 'I;" Logan, Rober' J Loan Number: Record and Return To: United General Title Ins Fiserv-27 Inwood Road ROCKY HILL, CT 06067 940-2-390-557881 RECEIVED 5/8/2007 at 2:11 PM RECEIVING # 929155 BOOK: 657 PAGE: 240 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RECORDING REQUESTED BY AND ,_.. __.. ________ .... I. __ IIIII~IIIIII (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) Morgan Stanley Credit Corporation WYOMING MORTGAGE (THIS MORTGAGE SECURES A LINE OF CREDIT AGREEMENT WHICH PROVIDES, SUBJECT TO CERTAIN CONDITIONS, FOR OBLIGATORY ADVANCES AND FOR A VARIABLE INTEREST RATE) THIS Mortgage, is made among the Mortgagor, (herein "Borrower") April 18, 2007 ROBERT J. LOGAN AND KATHLEEN J. LOGAN, TRUSTEES OF THE LOGAN 1998 REVOCABLE TRUST DATED DECEMBER 17,1998 and the Mortgagee (herein "Lender") Morgan Stanley Credit Corporation 2500 Lake Cook Rd, Bldg 2 Riverwoods, IL 60015 AMOUNT SECURED: Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) the outstanding balance of which, if not paid sooner, is due and payable on May 18, 2017. ADVANCE MADE AT TIME OF MORTGAGE 00/100 Dollars ($0.00). WHICH TOGETHER WITH OTHER ADVANCES WILL NOT EXCEED AT ANYTIMETHE MAXIMUM AMOUNT TO BE SECURED, THE OUTSTANDING BALANCE OF WHICH, IF NOT SOONER PAID, IS DUE AND PAYABLE ON May 18, 2017, BORROWER, in the consideration of the indebtedness herein recited mortgages, warrants, grants and conveys to Lender the following described property located in the County of Lincoln, State of Wyoming: THE FOLLOWING DESCRIBED REAL PROPERTY, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, TO WIT: LOT FIFTY (50), STAR VALLEY RANCH, PLAT TWENTY - TWO (22) AS PLATTED AND RECORDEb IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENT, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. which has the address of: 156 South Forest Drive Thayne, WY 83127 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (to the extent allowed by law and subject to the rights and authorities given herein to Borrower to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "Property." TO SECURE to Lender (a) the repayment of all indebtedness due and to become due under the terms and conditions ofthe Agreement and Disclosure Statement (the "Agreement") executed by Borrower and dated the same day as this Mortgage, and all modifications, extensions and renewals thereof, which Agreement provides that Lender shall make advances to Borrower of a revolving nature and that such advances may be made, repaid and remade from time to time, subject to the limitation that the total outstanding principal balance owing at anyone time under the Agreement (not including finance charges thereon at a rate which will vary from time to time, and any fees and charges which may from time to time be owing under the Agreement) shall not exceed the Maximum Amount Secured designated on the first page of this Mortgage; (b) the payment of all other sums advanced in accordance herewith to protect the security of this Mortgage, with finance charges thereon at the applicable rate described in the Agreement (c) the performance of the covenants and agreements contained herein and in the Agreement. IT IS THE intention of the Borrower and the Lender that this Mortgage secures the Borrower's obligation to repay the balance outstanding and to be outstanding under the Agreement from time to time from zero 848 - WY-LOC Mortgage - 01/21/00 Page 1 of 6 I..', . .' . Ü~29155 000241 up to the Maximum Amount Secured designated on the first page of this Mortgage and any intermediate balance. Unless paid sooner, any unpaid balance is due ten (10) years from the date of this Mortgage, ANY REFERENCES in this Mortgage to the "Note" shall be deemed to refer to the Agreement, and any references in this Mortgage to notes and promissory notes shall include loan agreements, as applicable, All references to interest shall be deemed to include finance charges. BORROWER covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, except for encumbrances of record and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property, COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Agreement, fees as provided in the Agreement and this Mortgage and the principal and interest on any other advances secured by this Mortgage. In the event the Property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured, the Borrower binds himself personally to pay the unpaid balance and the Lender will be entitled to a deficiency judgment. 2. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Agreement and paragraph 1 hereof shall be applied by Lender first (in the order Lender chooses) to any finance charges, collection costs and other charges owing under the Agreement or this Mortgage second to the principal balance under the Agreement; and third, to finance charges, other charges and the principal balance of any other advances. 3. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain priority over this Mortgage and leasehold payments or ground rents, if any, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due and in the event Borrower makes payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage (excluding the lien of any Prior Encumbrance); provided that Borrower shall not be required to discharge any such lien so long as Borrower shall (a) agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender, or (b) in good faith contest such lien by, or defend enforcement of such lien in legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof, or (c) secure from the holder of such prior lien an agreement in form satisfactory to Lender subordinating such lien to this Mortgage. Any default by Borrower under the terms of any Prior Encumbrance shall constitute a default under this Mortgage. 4. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss byfire, 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. Unless Lender in writing requires otherwise, the policy shall provide insurance on a replacement cost basis in an amount not less than that necessary to comply with any coinsurance percentage stipulated in the hazard insurance policy, The amount of coverage shall be no less than Borrower's credit limit under the Agreement plus the full amount of any superior lien on the Property. The insurance carrier providing insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 6. All premiums on insurance policies shall be paid by Borrower, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender, Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the 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, provided such restoration or repair is economically feasible, and the security of this Mortgage is not hereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within thirty (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 collect 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, such application of proceeds to principal shall not extend or postpone the due date of the payments referred to in paragraph 1 hereof or change the amount of such payments. If under paragraph 20 hereof the Property is acquired by Lender, all rights, title and interest of Borrower in any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 848 - WY-LOC Mortgage - 01/21/00 Page 2 of 6 ..!\. f'¡')(.y~1?91r::-t':" '" .,.,Q....,~ .;:J..JI 000242 Account No.: 940-2-390-557881 If all or part of the Property is damaged or destroyed by a third party and sums are due from that party or its insurer as a result, whether due to judgment, settlement or other process, those sums shall be applied in the same manner as insurance proceeds under this clause. 5. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease ifthis 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 covenant creating or governing the condominium or planned unit development, the bylaws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider were a part hereof. 6. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. 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 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 6, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage unless otherwise provided in the Agreement. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on the outstanding principal under the Agreement unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest from that date of disbursement at the highest rate permissible under applicable law, Nothing contained in this paragraph 6 shall require Lenderto incur any expense or take action hereunder. Any action taken by Lender under this paragraph 6 shall not cure any breach Borrower may have committed of any covenant or agreement under the Mortgage. Borrower agrees that any notification to Borrower required by law when Lender performs duties of the Borrower shall be satisfied if mailed to Borrower's address as provided in this Mortgage within sixty (60) days after Lender performs the duties. 7. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 8. Condemnation. The proceeds of any award or claim 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. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date such notice is mailed, Lender is authorized to collect and apply the 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 such application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 hereof or change the amount of such payments. 9. Borrower not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage or release of any security for the obligations secured hereby, or any other amendment to the Agreement or this Mortgage granted by Lender to Borrower or to any successor in interest of Borrower, shall not operate to release, in any manner, the liability of Borrower or Borrower's successors as the case may be. Lender shall not be required to commence proceedings against any successor in interest of Borrower 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 or Borrower's successor in interest. 10. Forbearance by Lender not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver or preclude the exercise of any such right or remedy, The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 848 - WY-LOC Mortgage - 01/21/00 Page 3 of 6 Ü~ZS1S5 'i " __\ :::.:~:(; {\ \: 000243 11. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. 12. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder 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. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 13. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided in this Mortgage shall be given by personally delivering such notice to Borrower or by mailing such notice by first class 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 first class 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. 14. Uniform Mortgage; Governing Law; Severability. This form of Mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform mortgage covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located, except to the extent pre-empted by federal law. In the event that any provision or clause of this Mortgage conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage are declared to be severable, 15. Borrower's Copy. Borrower shall be furnished with a conformed copy of the Agreement and this Mortgage at the time of execution or after recordation hereof but no failure of the Borrower to receive the same shall impair the contract of the parties. 16. Transfer of Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's 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 of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from 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 prior to the expiration of this period Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. 17. Sale of Note; Change of Loan Servlcer. The Note or partial interest in the Note (together with this Mortgage) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Mortgage. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 13 above and applicable law. The notice will state the name and address and the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law, 18. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environment Law, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, law suit or other action by any law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall Promptly pay all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environment Law" means federal laws or the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Post Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure, shall be the rate stated in the Note or, if the state does not permit the Lender to charge the Note rate, then the judgment rate required under applicable law shall apply. Any advances made by the Lender after a judgment is entered on the Note or in an action of mortgage foreclosure, including, but not limited to payments of insurance premiums and real estate taxes, shall become additional indebtedness of the Borrower until the indebtedness is paid in full, 848 - WV-LOC Mortgage - 01/21/00 Page 4 of 6 O~ZS155 000244 Account No.: 940-2-390-557881 20. Acceleration; Remedies. Except as provided in paragraph 16 hereof, 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 mail notice to Borrower as provided in paragraph 13 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) 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 and the sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring court action to assert the non-existence 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 its option may require immediate payment in full of all sums secured by this Mortgage without further demand, and thereafter, Lender may foreclose this Mortgage either by advertisement and sale of the Property (the power of sale provided for by statute being hereby expressly granted to Lender by Borrower) or by an action in equity, and may invoke any other remedies provided in this paragraph 20, including, but not limited to, reasonable attorney's fees and costs of title evidence. If Lender elects to invoke the power of advertisement and sale granted to it in this paragraph 20, Lender shall give notice of its intent to foreclose this Mortgage to Borrower and to the person in possession of the Property, if different, in accordance with applicable law. Lender shall give notice of its intent to foreclose to Borrower by certified mail, return receipt, in the manner provided in this paragraph 20. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of any sale of the Property, or any part thereof, whether under the power of advertisement and sale herein granted to Lender or by virtue of judicial proceedings, together with any other sums that may then be held by Lender or by any receiver appointed in any judicial proceeding for the enforcement of this Mortgage, or otherwise, shall be applied in the following order: (d) to the payment of all costs, fees, charges and expenses incurred in connection with any breach hereunder, the exercise of any of the rights and remedies of Lender hereunder and any such sale of the Property, including, but not limited to, reasonable attorney's fees, receivers' fees, and all expenses of such sale, including advertisement and publication costs, title evidence and recording fees and charges; (e) to all sums secured by this Mortgage; and(f) any excess to the person or persons legally entitled to it. To the extent applicable law affords the Borrower a right to a hearing before sale of the Property under power of sale or the appointment of a receiver, BORROWER WAIVES THE RIGHT TO A HEARING except as Borrower may secure the order of a court of competent jurisdiction prior to sale or appointment at Borrower's own initiative and expense ordering a hearing. 21. Assignment of Rents; Appointments of Receiver; Lender in Possession. As additional security hereunder, Borrower to the extent permitted by law assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 20 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. To fully assure Lender the benefit of the security interest in the Property, granted to it under this Mortgage, Borrower does hereby assign to Lender all rents hereafter payable for the use and occupancy of the Property by any person in possession thereof with Borrower's consent, upon acceleration or abandonment of the Property and at any time prior to the expiration of three (3) months following the foreclosure sale of the Property, or any part thereof, whether under the power of advertisement and sale herein granted to Lender or by virtue of judicial proceedings. Lender, without releasing Borrower from any obligation under this Mortgage and without waiving any default, shall be entitled, and is hereby authorized to enter upon, take possession of and manage the Property and to collect the rents ofthe Property including those past due. If, upon Lender's election to enter upon and take possession of the Property, Borrower should fail to surrender such possession to Lender promptly upon its request therefor, Lender may compel delivery thereof by an ejectment action or other civil proceeding appropriate to that purpose. In addition to the other remedies already provided for in this instrument and by law, as a matter of right, without regard to solvency or insolvency of Borrower, the value of the Property or the sufficiency thereof to discharge the sums secured by this instrument and costs of foreclosure and sale, Lender, upon acceleration, shall be entitled to a receiver for the Property and the rents, issues and profits thereof from the time of acceleration to expiration of any redemptive period as provided by law. Such receiver may be appointed by any court of competent jurisdiction upon ex parte application, without notice, notice being hereby waived and the appointment of a receiver upon such application being hereby consented to by the Borrower. Any rents collected by Lender or the receiver pursuant to this paragraph 20 shall be applied first to the payment of costs of management of the Property and collection of rents, including, but not limited to, receivers' fees, premiums or receivers' bonds and reasonable attorney's fees, and then to the sum secured by this Mortgage. 22. Release. Upon payment of all sums secured by this Mortgage and the termination of the Agreement, Lender shall provide a release of this Mortgage. 23. No Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the prior written consent of Lender, 24. Waiver of Homestead. Borrower hereby releases and waives all rights in the Property under and by virtue of the homestead exemption laws of the State of Wyoming. 848 - WY-LOC Mortgage - 01/21/00 Page 5 of 6 Q ,~. 'Ê..J .~..'."...".".".'."..:."'" .~,' -"~ .""'" . z [ IJ [ IJ û~Z9155 000245 25. Riders to this Mortgage. If one or more riders are executed by Borrower and recorded together with this Mortgage, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s) were a part of this Mortgage, (applicable rider(s) shown checked below.] D D D [EJ D D D Condominium Rider 1-4 Family Rider Planned Unit Development Rider Trust Rider Second Home Rider Adjustable Rate Rider Bridge Loan Rider IN WITNESS WHEREOF, BORROWER has executed this Mortgage. AN AND KATHLEEN J. LOGAN, TRUSTEES OF THE LOGAN 1998 REVOCABLE TRUST 7,1998 1./ "J,- '1; IJ'1 DATE L/-23' -e-7 DATE t{/'- ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF Lincoln ) SS: ) On this ,J- j day of ft. (J v< I J t!)ò ? before me, the undersigned, a Notary Public f2()b... vi ~ /C)?e¡. fA.. C) Vl d in and for said County and State, personally appeared '¿ed--t I-€ r" t\.. '3 lðcp-a ,,"- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth. If the above persons are married, each spouse by me was fully apprised of his/her right and the effect of signing and acknowledging this instrument apart from his/her spouse, and each signed the same while so separate and apart. Witness my hand and official seal /J--pr : I - - - - ;Z j' ,dO Of (ì ¡Ctu ct; á (J41c:i'c,w t/'---' Notary Public CLAUDIA ANDERSON Notary Public Lincoln County Wyoming My Commission Expire. s"jç':JeJ/u Ú\ CJ LH' Y', LV.;] (Notary's Address) My Commission Expires: E):J ç- ~ :J cwO (Space Below This Line Reserved For Lender And Recorder) 848 - WY-LOC Mortgage - 01/21/00 Page 6 of 6 Û~29155 000246 Morgan Stanley Credit Corporation REVOCABLE TRUST RI DER Date: April 18, 2007 940-2-390-557881 Loan Number: DEFINITION USED IN THIS RIDER. (A) "Revocable Trust." Trust created under Trust Instrument entitled ROBERT J. LOGAN AND KATHLEEN J. LOGAN, TRUSTEES OF THE LOGAN 1998 REVOCABLE TRUST DATED DECEMBER 17,1998. (B) "Trustee(s)." ROBERT J LOGAN and KATHLEEN J LOGAN, trustee(s) of the Revocable Trust. (C) "Settlor(s)." ROBERT J LOGAN and KATHLEEN J LOGAN, settlor(s) of the Revocable Trust. (D) "Lender," Morgan Stanley Credit Corporation. (E) "Security Instrument." The Deed of Trust or Mortgage and any riders thereto of the same date as this Rider given to secure the Note to the Lender of the same date made by the Revocable Trust, the Trustee(s) and the Settlor(s) and any other natural person signing such Note and covering the Property (as defined below). (F) "Property." The property described in the Security Instrument and located at: 156 South Forest Drive Thayne, VVY 83127 THIS REVOCABLE TRUST RIDER is made April 18, 2007, and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS, In addition to the covenants and agreements made in the Security Instrument, the Trustee(s), and the Settlor(s) and the Lender further covenant and agree as follows: A. REVOCABLE TRUST 1. BORROWER CERTIFICATION AND WARRANTIES. The Borrower certifies to the Lender as of the date of this Rider that the Revocable Trust is a revocable Trust for which the Trustee(s) are holding full title to the Property as trustee(s). The Borrower warrants to the Lender as of the date of this Rider that (i) the Revocable Trust is validly created under the laws of the state of Wyoming; (ii) Settlor(s) is the primary beneficiary of the Revocable Trust; (iii) the Trust instrument creating the Revocable Trust is in full force and effect and there are no amendments or other modifications to the Trust instrument, including any affecting the revocability of the Revocable Trust; (iv) the Property is located in the state of Wyoming; (v) the Property is a single family residence occupied by at least one of the Settlor(s) or a single family second home; (vi) the Trustee(s) have full power and authority as Trustee(s) under the trust instrument creating the Revocable Trust and under applicable law to execute the Security Instrument, including this Rider; (vii) the Trustee(s) have executed the Security Instrument, including this Rider, on behalf of the Revocable Trust; (viii) the Settlor(s) have executed the Security Instrument, including this Rider, acknowledging all of the terms and conditions contained herein and agreeing to be bound thereby; (ix) only the Settlor(s) and the Trustee(s) may hold any power of direction over the Revocable Trust; (x) only the Settlor(s) hold the power to direct the Trustee(s) in the management of the Property; (xi) only the Settlors hold the power of revocation over the Revocable Trust; and (xii) the Trustee(s) have not been notified of the existence or assertion of any 35 - TrustRider - 05/05/06 Page 1 of 5 tl)~29155 000247 lien, encumbrance or claim aga:ïnst any beneficial inter st in, or transfer of all or any portion of any beneficial interest in or powers of direction over the Trus ee(s) or the Settlor(s), as the case may be, or power of revocation over the Revocable Trust. The Borrower shall promptly notify to the lender or t e Note Holder of any breach of the foregoing certifications and warranties. 2. NOTICES. The Borrower shall provide lender or the Note Holder not less than thirty (30) days prior written notice of any revocation or termination of the Revocable Trust, or of any change in the holders of the powers of direction over the Trustee(s) or the Revocable Trust, as the case may be, or of any change in the holders of the power of revocation over the Revocable Trust, or both, or of any change in the Trustee(s) of the Revocable Trust (whether such change is temporary or permanent), or of any change in the Revocable Trust primary beneficiary(ies), or of any change in the occupancy of the Property, or of any sale, transfer, assignment or other disposition (whether by operation of law or otherwise) of any beneficial interest in the Revocable Trust. B. ADDITIONAL BORROWER(S) The term "Borrower" when used in the Security Instrument shall refer to the Revocable Trust, the Trustee(s), and the Settlor(s), jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein or by acknowledging all of the terms and covenants contained herein and agreeing to be bound thereby, or both) covenants and agrees that, whether or not such party is named as "Borrower" on the first page of the Security Instrument, each covenant and agreement and undertaking of the "Borrower" in the Security Instrument and this Rider shall be such party's covenant and agreement and undertaking as "Borrower" and shall be enforceable by the Lender as if such party were named as "Borrower" in the Security Instrument. C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN THE REVOCABLE TRUST The paragraph entitled "Transfer of Property or a Beneficial Interest In Borrower" in the Security Instrument is amended to read as follows: If, without the lender's prior written consent, (i) all or any part of the Property or an interest in the Property is sold, assigned or transferred including but not limited to by revocation or termination of the Revocable Trust or (ii) there is a sale, transfer, assignment, encumbrance, pledge, lien, security interest, distribution or other disposition or any beneficial interest or asset in the Revocable Trust, the Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by the Lender if exercise is prohibited by federal law as of the date of the Security Instrument. If the Lender exercises this option, the Lender shall give the Borrower notice of acceleration. The nòtice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by the Security Instrument. If the Borrower fails to pay all sums secured prior to the expiration of this period, the Lender may invoke any and all remedies permitted by the Security Instrument without further notice or demand on the Borrower. D. BINDING EFFECT The loan documents shall be binding upon the heirs and personal administrators, or the successors and assigns, as applicable, of Borrowers, including Trustees and Settlors and shall inure to the benefit of lender and its successors and assigns. 35 - TrustRider - 05/05/06 Page 2 of 5 --·24B û~Z91~s BY SIG~mG BELOW. the Trustee(s) accept and agree to the terms and covenants contained in this Revocable Trust Rider. [J(:% R ROBERT J. LOGAN AND KATHLEEN J. LOGAN, TRUSTEES OF THE LOGAN 1998 REVOCABLE TRUST DATED DECEMBER 17,1998 Q-7''j-- 01 DATE STATE OF WYOMING) COUNTY OF LINCOLN) SS: On the day of /J..-p r I' I , in the year .J é¡ Ò 7 , before me, '[1.. de IS () h. , a notary public in and for said state, personally appeared cJ 6~ rt . f....ðca t,,- , personally known to me to or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized ca- pacity(ies). and that by his/her/their signature(s) on the instrument, the individual(s). or the person upon behalf of which the individuals acted, executed the instrument. flllLI!t/¿;: ¿;;þ/((,.¿/,j ¿/~ (Seal) Notary Public, State of LV 3ð fh ¡' 1'9 My commission expires: c,,- ;j ç --:U1'IO - ~ ClAUDIA ANDERSON t<totary PublIC Uncoln CountY My commls~Io=: 52Ç~C.I() 35 - TrustRider - 05/05/06 Page 3 of 5 Bì).s,~~~OW, the Trustee(s) accept and agree to the terms and covenants contained in t~s_ '^ _ _ _ Revocable Trust Rider. [)IJ ~ > a: IICC I- o Z 4-Z3-ð7 DATE LEEN J LOGA TATE OF WYOMING) OUNTY OF LINCOLN) SS: Onthe rl1- day of Il-p y " I ,in the year J c07. before me, (! t tld¡'c'(. Pt-f/1dr> ts;.o ., ,anotarypublicinandfor said state, personally appeared k'a Ý-I1/-t".. h '"'T t.. O,!-CI ,,, , personally known to me to or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized ca- pacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals acted, executed the instrument. <)/1 . /"Ì ( ~(1l1( C:Ú d /,u·1c.tkw ¿- L--" (Seal) C~UDIA A~DERSON Notary Public, State of tJ-,J9M1/\' " ~llj Notery Public My commission expires: ~ 'J ç--.J ,:JI{) LinCOln County Wyoming , My Commission Expires S;¿ç "J,c,¡0 - BY SIGNING BELOW, the undersigned Revocable Trust Settlor(s) acknowledges all of the terms and covenants contained in the Security Instrument and this Revocable Trust Rider and agrees to be bound the[ ~ > "0: IICC I- o Z +!'J,¥1 DATE' STATE OF WYOMING) COUNTY OF LlNCOLN)SS: On the J;3.. day bf /J-p r; I , in the year (JC)C)?, before me, e ¿ ,'tL t+t~ ell'" r oS () t"-. , a notary public in and for said state, personally appeared ~ h. , personally known to me to or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals acted, executed the instrument. t? /aÜ /'&(~ {;t'1t'Lt,UJ t~ (Seal) _ Notary Public, State of CiAUDIA ANDERSON . My commission expires: S· d ç - .;2c; 16 Notarv PublIc . Lincoln county . Wyoming My Commllllon Explr.. .s -;j<;·;J.-lI/ö ~ 35 - TrustRider - 05/05/06 Page 4of5 000250 O~29155 BY SIGNING BELOW, the undersigned Revocable Trust Settlor(s) acknowledges all of the terms and covenants co tained in the Security Instrument and this Revocable Trust Rider and agrees to be bound there . ~ > a: ~ o z t/-Z3 -P/ DATE TATE OF WYOMING) COUNTY OF LINCOLN) SS: On the J- 3- day of /J- Pit',' , , in the year :J û () 7 ,before me, Va t.l d, 'e~. 14-(,,1 df' n:. 0 ,;..... , a notary public in and for said state, personally appeared /¿" {-·it Ie.. Po- :::! t-f!J9-0 t..... , personally known to me to or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals acted, executed the instrument. fA-l.Üé¿td ~1¿í'lL..1 ¡/'-- (Seal) Notary Public, State of ð.U9~J·"'" <.~ My commission expires: .s- J ç--.J L~I 0 CLAUDIA ANDERSON Nolary Public Lincoln County Wyoming Commission expires .s-,j.J::.i!. C)lD 35 - TrustRider - 05/05/06 Page 5 of 5