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HomeMy WebLinkAbout930414 v State of WyoßÙng t!>\~\o\ ECEIVED 6/15/2007 at 2:16 PM RECEIVING # 930414 BOOK: 662 PAGE: 260 JEANNE WAGNER COLN COUNTY CLERK, KEMMERER, WY Space hove This Line For Recording Data MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is P.q·.1.~·~,QQ7...........................,........ and the parties, their addresses and tax identification numbers, if required, are as follows MORTGAGOR: JASON MATIJCZYK AND ANNETTE MATlJCZYK, HUSBAND AND WIFE, AS TENA TS BY THE ENTIRETIES P.O. BOX 1121 THAYNE, WY 83127 o If checked, refer to the attached Addendum incorporated herein, fo additional Mortgagors, their signatures and acknowledgments. LENDER: THE BANK OF STAR VALLEY THAYNE BRANCH ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF WYOMING P.O. BOX 928 113 PETERSEN PARKWAY THAYNE, WY 83127 2. CONVEYANCE. For good and valuable consideration, the receipt and suffic ency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this S curity Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following de cribed property: LOT 3 OF GRUNIG MEADOWS A FAMILY EXEMPT SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED IN THE OFFICE F THE LINCOLN COUNTY CLERK, WYOMING RECORDED JANUARY 8, 2004 AS PLAT NO. 101·E AND INSTRUMENT NO. 896489. The property is located in ...'.'.........."............. ,LWGQ~N., ,.. ". '.. .,. ... ... ... ,.. ... .. at kql.~ ~~µNI~ M¡:~.Q9W. ... ... ... ... ,., ,.. .,. .,. (County) ...... ... ... ... ... ... ... ,.. ......'..... ... ... ...... ,.. ,.. ... ..., ......,..,..,......... ~~9Y,~~".... ...... ... ... ,..., Wyoming ..,..... .~~J ~,Z ..,..... (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, il and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by is Security Instrument at anyone time shall not exceed $ ~.Q,P,QQ,.qQ"..........,..,.,....".....,.,..,....... . This limitation of amo t does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitati n does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defmed as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), uaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substituti ns. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, nterest rates, maturity dates, etc.) ONE PROMISSORY NOTE DATED 6·13-07 IN THE AMOUNT OF $40,000,00 WYOMING - MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA USE) ©1994 B.n~ - ,Inc., St. Cloud, MN 11-800-397-2341) Form RE-MTG-W" "·'"'"1 a;(pa~ # 09304.14 0041261 B. All future advances from Lender to Mortgagor or other future obligations f Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically reference . If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will sec re all future advances and future obligations that are given to or incurred by anyone or more Mortgagor, or any 0 or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instru ent even though all or part may not yet be advanced. All future advances and other future obligations are secured as i made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing, C. All obligations Mortgagor owes to Lender, which may later arise, to the e tent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement etween Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for ins ring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurr d by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any l' quired notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, de d of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, M rtgagor agrees: A. To make all payments when due and to perform or comply with all covenant . B. To promptly deliver to Lender any notices that Mortgagor receives from the older. C. Not to allow any modification or extension of, nor to request any future dvances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may requir Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's ayment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrum nt. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have ag inst parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation 0 , any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in 11 and this Security Instrument is released. 9. PROPERTY CONDmON, ALTERATIONS AND INSPECTION. Mortgag r will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or a ow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and gr sses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written onsent. Mortgagor will not permit any change in any license, restrictive covenant or easement Witllout Lender's prior writte consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or d age to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any l' asonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an insp ction specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's b nefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or a y of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be perfo ed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not p clude Lender from exercising any of Lender's other rights under the law or this Security Instrument, If any construction on th Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender' security interest in the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and interest in and to any and 11 existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any porti n of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to s "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor s norin'default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the arties to this Security Instrument. Mortgagor agrees that this assignment is effective as to third parties when Lender takes af irmative action prescribed by law, and that this assignment will remain in effect during any redemption period until the Se ured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity of co encing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies Mortgagor of default a d demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse a d deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. ortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to mai tain and require any tenant to comply with the terms of the Leases and applicable law. ©1994 Bonkors Systoms, Inc., St. Cloud. MN (1-BOO·397-234 1 Form RE-MTG-WY 11/1 B/94 p;Jdt ,"" r ~ ¿I' 000262 . S. Mortgagor agrees to comply wIth the roperty includes a unit in a condominium or a nder the covenants, by-laws, or regulations of 12. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPME provisions of any lease if this Security Instrument is on a leasehold. If the planned unit development, Mortgagor will perform all of Mortgagor's duties the condominium or planned unit development. 13. DEFAULT. Mortgagor will be in default if any party obligated on the S ured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Securit Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt A good f ith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or at the prospect of any payment or the value of the Property is impaired shall also constitute an event of default 14. REMEDIES ON DEFAULT. In some instances, federal and state law will r quire Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for for closure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instru ent in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter, In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents including, without limitation, the power to sell the Propert . All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or e uity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secure Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lende 's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does no waive Lender's right to later consider the event a default if it continues or happens again. 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; C LECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor bre ches any covenant in this Security Instrument Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bea interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secu ed Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rig ts and remedies under this Security Instrument. This amount may include, but is not limited to, reasonable attorneys' fees, co rt costs, and other legal expenses. This amount does not include attorneys' fees for a salaried employee of the Lender. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As use in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensatio and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinanc s, court orders, attorney general opinions or interpretive letters concerning tlle public health, safety, welfare, environmen or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public hea th, safety, welfare or environment. The term includes, without limitation, any substances defmed as "hazardous materi I," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A, Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property, This restriction does not apply 0 small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintena ce of the Property. B, Except as previously disclosed and acknowledged in writing to Lender, ortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened reI ase of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental L w concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any nvironmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortga or has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or eatened release of any Hazardous Substance or the violation of any Environmental Law. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pe ing or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, minent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above de cribed actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a cond mnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of tru t, security agreement or other lien document. 18. INSURANCE. Mortgagor shall !::e::ep Property insured against loss by fire, fl od, theft and other hazards and risks reasonably associated with the Property due to its type and location,. This insurance shall e maintained in the lUnounts and for the periods that Lender requires, The insurance, carrier providing the insurance shall be ch sen .by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld,' If Mortgagor fails to maintain e coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property accor ing to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall' clude a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender f cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requ' es, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor sha I give immediate notice to the insurance carrier and Lender, Lender may make proof of loss if not made immediately by Mortga or, Unless otherwise agreed in writing, all insurance proceeds shall be applied to e restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any applicati n of proceeds to principal ~~l not extend or . ",,,.. " ,"","" ""","' "-'~,",-"''' 'om ,~m-' M ¿; ~ _ (P':,' ~+ - I,; j. J '1- 'f 000263 postpone the due date of the scheduled payment nor change the amount of y payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any' surance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the exten of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow, 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request" any financial statement or information Lender may deem reasonably necessary. M rtgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS A ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Ins rument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this S curity Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may preve t Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These right may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party t this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence f debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrume t. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Len er. 22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Securi y Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise requir d by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. T is Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachm nts, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law ex ressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforc d according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security nstrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of t e sections of this Security Instrument are for convenience only and are not to be used to interpret or defme the terms of this ecurity Instrument. Time is of the essence in this Security Instrument. 23. NOTICE. Unless otherwise required by law, any notice shall be given by deli ering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing, Notice to one mortgagor will be deemed to be notice to all mortgagors, 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rig t regarding the marshalling cif liens and assets and all homestead exemption rights relating to the Property. 25. OTHER TERMS. If checked, the following are applicable to this Security Inst ment: D Line of Credit. The Secured Debt includes a revolving line of credit rovision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect unt1 released. D Construction Loan. This Security Instrument secures an obligation incur ed for the construction of an improvement on the Property. D Fixture Filing. Mortgagor grants to Lender a security interest in all go ds that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Securi Instrument suffices as a Ünancing statement and any carbon, photographic or other reproduction may be filed of re ord for purposes of Article 9 of the Uniform Commercial Code. D Riders. The covenants and agreements of each of the riders checked be ow are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] D Condominium Rider D Planned Unit Development Rider D Othe .....................................,.................. D Additional Terms. SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants c ntained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrumen on the date stated on page 1. ~;i ...... JASON M' TiJë~ ........... ~~ I P 1 KNOWLEDGMENT: ¿ ,"/ STATE OF WYP.ry1!~.IL................................, COUNTY OF ........... .Ç,q.. ~..........................,} ss. (Individual) This instrument was acknowledged before me this ...... ..PT~........ d y of ~,4~):, ,4QQ7. ...... ....., ............ ... ...... ...... by ~A~PN MP..1I~.G~YKi.~~NçIT.E. M~:rJ~Ç.~Y~,.HV~.~~~.Q ,~~P. Wl.~~,.~~. T):N~N1$,B. T~,E, ~ .1lmm$..,....,....",.."..."............. .-. ." .". . commission expires:' -ILl-of ~ ~-~81:~~.......... SHARON WAlle ~-......~.:=.~."'_.__ .. . .. ... .., ......... ... ... ... ...... .. . .. .. , t::R NO TAR V', PUBLIC 1 (Notary Public) COUNTY OF LINCOLN SIATr:: .oF \NYUf\'ilNG i MY , . I ~C:N_r:)(PJRES .IUNE/4, ;W,)f !: - ---~~";:'';::.;~:::~~;;~::;~.~, ©1994 Bankar. Systams, Inc., St. Cloud, MN (I-BOO-397-2341) Form RE-MTG-WY 11/18/94 (page 4 of 4)