The URL can be used to link to this page

Home My WebLink About931588 Wells Fargo Home Mortgage Attn: Jennifer K yndescn 1919 Douglas 3rd floor Qn1aha, NE 68102 RECEIVING # 931588 BOOK: 666 PAGE: 834 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000834 6010715516 MORTGAGE THIS MORTGAGE Is made this 231ID JAYSON BYE:RS. A MA1lR.J:ED PERSON day of JULY ,2007 J between the MOItgll8or, :5 ~ ~ c ê o ;:.., ?- >. 5] ~ ~ 2 ~ :.> .. '" ::1 tJ 0 ::J U C C!% '" V> g 0:1 .... (herein "Borrower"), and the Mortgagee, WELLS FARGO BANK, N.A. existing \1I).de/; the laws of'1'HB UlaTED STATES P.O. ~ox 11701. ~. NJ 071014701 , a COlpo¡;aùon orgwed and , whoSe aàdres.\1 is :¡¡ :.> C ~ ;¡: (herein "Lender"). WHEREAS, Borrower i$ indebted to Lender In the principal sum of U.S. $ it it * * ** * ** '* '* * 5. 817 . 00 . which indebtedness is evidenced by Borrower's note dated .nn.y .23, .2007 and exte:nsloll& and ren~als thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of inðebtedø.ess, if not sooner paid, due and payable on AUGUIIT 01. 2015 TO SECURE to Lender the r"Paymmt of the indebte(tn~s evidenced by the Note, with Interest thereon; the payment of all other swns, with inttresl thereon, advanced In accordance herewith 10 protect !he seourity of this Mortgage; and the perfonnance of the eOvenants aI1d agreements of Borrower herein contained, Borrower does b.ereby mortgage, grant and cOllvey to Lender, with power of $~e, tùe following described propeny located In the COWlty of LINCOLN State of Wyoming:: S¡¡:B A'n'ACJUW WQAL PJlSCRXi'T;¡;ON /'j ;;'i" ¡.l ¡}i! /,/ which has the address of 530 E HAJ:N STUET [Street] Wyoming 83114 (herein "Property Address"); (ZIP Code] TOGETHER wIth all the improveIXIe:ttts now or hereafter erected on the property, and all easements, rightS, appurt~ and rents, all of which $hall be deI:mcd to be and remain a part of the property covered by this Mortgage; and all of tile foregomg, tog~er with said property (or the leasehold estate if this Mortgage is 011 a leasehold) are hereinAfter referred 10 AS the "Property." BoX'tower covenants that Borrower Is lawfully sciseà of tile estate hereby conveyed and has the right to mortgage, grant and convey the Property, and thaI the Property is unencumbered, except for =btmI,Ce.$ of rtcorð. BOrrower covenants that Borrower warrants and will defeJ1d generally the title 00 the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenan.¡ and agree as follows: 1. Payment or Principal and Interest. Borrower shall promptly p.y wh~ due the principal and intereSt indebtedness evidenced by the Note and late charles as provided In the Note. 2. Fønds for Taxes and lDsurancB. Subject to applicable law or a wrItten waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable Wlder the Note, until the Note is paid in full, B sum (herein "Funds") equal [0 OIle-tWelfth of the yearly taxes and Msessments (including condominium and planned unit development assessments, if any) which may Bttain priority over this Mortgage md ground rentS on the: P~ertY. if illy, plus one·twelfth of yearly premium installmentS for hazard Insurance, plus one-IWelftb of yearly premium installments for mortgage mwrance, if any, all as reasonably ~tiw.atel1 initially and from time to Ùn1e by Lender on the basis of assessments and bUI.!¡ and reasonable estimates mereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mongage or deed of trusl If such holde:r i$ av. i1miMioniÙ lender. , COKEVILLI!: [City] WYOMING - SECOND MORTGAGE - t/eo - FNMAIFHI.MC UNIFORM INSTRUMENT Form 3851 ~.76(WYll8t12.OI P.1ð14 VMP MORTGAG' FCRMG· leOOIU'-7291 Inl1l'I>'~ If Borrower pays Food!; to Lender, the Funds shall be held in an institution the deposits or accounts of which are in~ed Or g\lJltal1[ee( by a federal or srate agency (including Lender if Lender is such an Institution). Lender shall apply the Funds to pay said taxes, assessments, Insurance premiums and ground rents. Lender may not marge for so holcUn.g and applying the Foods, analyzing said account or verifying and compiling said assessments and bllls, unless Lender pays Borrower interest on the Funds and app1icable law pcnníts Lender to make such a charge. Borrower and Le.nde;r ¡œy ag¡;ee in writing at the time of executlon of this Mortgage thar interest on the Funds mall be paid to Borrower, and unless such agreement Is made or applicable law requires such interest to be paid, Lender shall not be required [0 pay Borrower any interest or earnings On the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showlng credits and debits [0 the FU11d$ and the p\nPose for wbich each debit to the Funds was made. The Funds are pledged as additional sccurlty tor the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the futu¡e monthly installments of Funds payable prior to the due dates of taxes, assessments, Insurance premiunu and grOlUld rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground tent.! AS they fall due, such excess shaH be, at Borrower's opdon, either promptly repaid to Borrower or credited to Borrower On monthly Installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay ttX.e$, i$~e~m¡entl!, imurance premiUIIIB and ground rentS 83 they fall due. Borrow~ mall pay to Lender any amount necessary to make up the deficiency in one or more payments AS Lender may require. Upon payment In full of all surns secured by this Mortgage, Lender shall promptly refund to Sorrower any f\mds held by Lend~. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender s!uill apply, no later than immediately prior to the sale of the :Property or its acquisition by Lender, any Funds held by Lender at the til1le of applicaûon as a credit aglÙn$l the sums secured by this Mortgage. 3. Appllcat10n of I'aymcnts. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs J and 2 hereof shall be applied by Lender first in payment of amount> payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, ønd then to the principal of the Note. 4, J!dor Mortgages aDd Deeds of Trust; Chal"gcs; Liens, Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mongage, including Borrower's covenants to make payments when due. Borrower shall payor cause to bc paid aU taxes, Msessments and other charges, froes and iœposjtions attributable to the Propcny which may a([ain a priority over this Mortgage, and lellBehold payment!¡ Or groU.\lå rellÙì, If any. 5. Bazard Insurance. Borrower shall keep the ÎI1lproveme.nts now existing or hereafter erected on the Property ß)sured. against loss by fire, hazards included within the term ,. extended coverage," and such other hazat~ 83 Le.nc!e;¡- may teql.lire and in such amounts and for such periods M Lender lDóIy require. The i.uuxance carrier providing the Insurance shall be chosen by Borrower subject to approval by Lender; provided. thaI such approval shall not be unreasonably withheld. AU iJ1.$\lrance pollclea and renewals thereof shall be in a foun acceptable to Lender and shalllncludc a standard mortgage clause in favor of and in a form acceptable to Lender. Lende;¡- shall have the right to hold the policies and renewals thereof. subject to the terms of any mortgage, deed of trusl or other security agreement with a lien which has priority over this Mortgage. In the evCJ,1I of loss. Borrower shall give promptnotice to the insurance carrler and Lender. Lender may make proof ofloss if 1I0111l~e promptly by Borrower. If the Property is abandoned by Borrower, or if BOJ:TOwer fails to respoo.c! IQ Lender within 30 days from the date notice Ï$ mailed by Lender [0 Borrower that the insurance carrier offers to settle a claim for insurance benefits, U:.nder is authorized to collte! anð apply the insurance proceeds at Lender's option either [0 restoration or repair of the Property or to the sums secured by this Mongage. 6. Pr~a"fation and Maintenance of Property; Lœebolds; Condominiums; Planned Unit Developments. BOlTower shall keep the Property in good repair and shall not commit waste or permit impainnent Or deterioration of the Property and shall coxnply with the provisions of any ¡ease if this Mortgage is on a leasehOld. If this Mortgage Is on a unit in a condominium or a. pllWJJ.ed UJrlt development, B01TQwer shall perform all of Borrower's obligations under the declaration or OOVCl1lD.1!S ç¡eating Or governing the condominium or planned unit development, the by-laws and regulations of the condom.ini\lm Or planned unit development, and COnstituent documents. 7, Protection of Lender's Seentity, 1f Borrower fails to perform the covenants and 3lreements conralned in this Mortgage, or if any action or proceeding is commenced w!tjc:b materially affects Lender's interest in the Property, then Lender, at Lender's opuon. upon notice to Borrower, may make such appearances, disburse sum sums, including reasonable a[oorneys' fees, auCl take ~uch action as Is necesSUJ to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall ¡)~y tb,& pr$miums required to maintain such insurance in effect IUItil such time as the requirement for such Insurance terminates in accordance with Borrower's IWd Lender'~ written agrec.mQ1t or applicable law. Any arrwunts disbursed by Lender pursuant to this ¡:Þara~raph 7, with interest thereon, a[ the Note rate, shall become additionallndeb[edness of Borrower secured by this Mortgage. Unless Borrower and LQ1c!e;¡- a&ree to other teImS of payment, such amoUllts sb.a1l bo payable upon notice from Lender to BOlTower requesting payment thereof. Nothing contained in tl1i~ paragraph 7 shall require Lender to Incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon anc! inspections of the Property, provided that Lender sb.a1l give Borrower notice prior to any such ~pection specifying reasonable cause therefor related to Lender's intere.rt ín the Property. 9. CondemnatioD. The proceeds of any award or claim for dB1l188cs, direct or consequential, in col1llcction ..viÙl any condeamation or other taking of the Property, or part thereof, Or fo. 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 a8A¢Cmmt with a. lien which has priority over this MOrtgage. ~Q, Borro"er Not Released; Forbearance By Leo,<lù Not a Waiver. Extension. of the time for payment or modification of amortization of the sums secured by this Mortgage granted }y Lendtt to any SUc.tessor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be reqUired to commence proceedlDgs against sucl1 SUCcessor or refuse to extend time for payment or otherwise modify amortization of tile sums secured by this Mortgage by reuon of any demand JUåd~ by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwiso afforded by applicable law, 5hall not be a waiver of or preclude the exercise of any such right or remedy. _ O¡þ·76(WY) 189'21.0' '0&.2014 Form 3851 nÎ\Î".~ uuùB35 11. Successors and Assigns BOUlld; Joint and Several Liability; C<Hignen. The Cov~ants and agreements herein contained shan bind, and the rights hereunder slWl inure to, the respective successors and assigllS of Lender and Borrower, subject to fue provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-sÏgns this Mortgage, but does 110t execute the Note, (a) is co·signing this Mortgage only to mortgage. grant md CO;l;\vey that Borrower's interest in the P;roperty to Lender under the terIDli of this Mortgage, (b) Is not personally liable on fue Note or undtt this Mongage, and (c) a¡rees fuat Lender and any other Borrower here\lncier may agree to extend, modify, forbear, or make any other accommodations with regard to the tenns of this Mortgage or the Note without thai Borrower's consent and without rdcasiu¡ that Borrower or modifying this Mortgage as to that norrower's interest In the Property. 12. Notice. Except for any notice required under applicable law!O be given In another ma¡;we¡, (a) any notice to Bom¡wer providt!:d for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail adcltessed to Borrower at the Property Ad4rcss Or at S\lCÄ other address as Borrower may designate by norice to Lender as provided herelll, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other addless as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have bee¡¡ given to Borrower or Lender whe.u give.u in the manner designated herein. 13. Governing Lawj Severabllity, Tho state and local laws applicable to thl& Mortgage shall be ttJ.e laws of the jurisdiction In which rhe Property Is located. The foregoiD,g sentence sball not limit the applicability of federal law to tb.is Mortgage. In the event that any provision or clause of this Mortgage Or we Note conflicts with applicable law, such confliCt shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provIsion, and to this end the provisiol1$ of this Mortgage and the Note SIe declared to be severable. As used herein. 'COStS," "expenses" and "attorneys' fees" incJùde.u $UU1$ to the extent Dot prohibitt!:d by applicable law or límited herein. 14, Borrowu's Copy, BOrrower shall be ruroished a coafollTl.ed copy of the Note and of t1ùs Mortgage at the time of ~ecudonorafterrecordaûonher~L 15. Rd1abilitatioD Loan Agreement. Borrower shall fulfill all of Borrower's obliawons under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters Into with Lender. Lender, at Lcmder's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender. an assignment of any rIghtB, claims or defenses which Borrower may have a;alnst parties who supply labor, materials or setvices in connection with imp.¡-ovm¡,e.o.ts made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or traDSfencd and Borrower is not a natural person) without Lender's prior wrlttell CODSeDt, Lender may, at its option, require !mmediaœ payment in fun of all sums secured by this Mongage. 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 B01'1'OwC(' notice of lCceleration. The notice shall provide a period of not less than 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 pe.rmitted by this ~o~g.ge withOUt ~er nQtice Or ¡lemand on Borrower. NON-UNIFORM COVBNANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as prov!ded in paragraph 16" hereof, upOD Borrower's breach of any covenant or agreement ot BOlTower in tbi$ Mortgage, ineludiDg the COvenant¡ to pay whm dUI any sums HCured by this Mortgage, Lender prior to acteleration shall 2i'l'e notice to Borrower as provided in paragraph 12 hereof specifYing! (1) the breach; (1.) the action required to cure such breach; (3) a date, not less than 10 days from tbe date the 11.0t.ice is mailed io Borrower, by which such breach must be Cl}x-ed; and (4) that failure to cure such breach on or before the date sped1'ied in the notice may result in acce]eratioD of the sums secured by this Mortgage. The notice shall further inform Borrowé1' of the right to reinstate alter acceleration and the right to b.ri:og a court action to assert the nonaistcnce of a default or any other defense of Borrower to acceleration and sale, If the breach is uot cured aD or before the date specified in the notice, Lender, at Lender's option, may declare all of the soms secured by this Mortaaae to be immedi*td:Y due and payable without further demand BUd may Invoke the power of $ale and an:y othu remedies permitted by applicable law. Lender shall be entitled to collect all reasOnable (;osts and eJ;pemai incurred iD pursuing the remedies provided in this paragraph 17, including, but DOt Iimited to, reasoDable attorneys' fees. If Lendex- invokes the power of sale, Lender shall give notice of intent to Coreclose to ßorro,,"u and to the person in POS$t$$ioQ of the l"ropl:rty, if different, in accordance witb appI1cable law, Lender shall mail a copy of a notice of the sale to Borrower in the manner provided in paragraph U hereof. Lender shall publish the DotiCt of s.IIJe and the Propa1y shall be sold in the man.u.ex- prescribed by applicable law. Lender or Lender's designee may purchase the Property at an~. sale. The proceeds of the sale 5ball be applied in the folloWing order; (a) to all reasonable costs and expenses of the sale, including, but Dot limited to, reasonable attorneys' fees and costs of title evidencè; (b) to aU 5\1kô$ secwed by this Mortgage; BUd (c) the e;¡œss, if any, to tbe person or persODs legally entitled thereto. 18. Bon-o,,-er', Rieht to Reinstate. Notwithstanding Lender's acceleration of the sums socurod by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lu.der to &nfOlU this Mortsage discontinued at any time prior to the earlier to occur of (I) the fift¡ day before sale of the Property pursuant to the power of sale CQntained in this MOrtgage Or (ii) entry of a jud¡pncDt enforcing rhis MOItgage if: (a) Borrower pays Lender all sums which would be Ihen due under this Mortgage and the Note had. no acceleration occurred; (b) Borrower cures aU breaches of any other COVW1.ants or agreements of Borrower conralned in this Mortgage; (0) Borrower pays all reJ\3onable 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, ineludlng, bllt not limited to, reasonable attomeys' fees: and (d) Borrower takes such action as Leuder may reasonably require to assure that the lien of th1$ Mortgage. Lender's Interest ill the Propeny and Borrower's obligation to pay ttJ.e sums secured by this Mongage shall colltinue 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; A.ppointment of Receiver; Lender In );'OB$C$$ion. As additional security hereunder, Borrowe¡- hereby assigns to weLe¡ the rents of rhe Property, provided that Borrower shall, prior to acceleration \Jnder paragraph 17 hereof or abando~t of the Property, have the right to collect and retain such rents as they become due and payable. ~.76rWYII8tU.O' P"S< 3 .'4 Form 3951 Il"Iitl8[t~ v~-- i3~1 Upon açceleration under paragraph 17 hcceof or abandonment of the Property, and at any time prior to rhe expiration of any period of redemption fol1owing jUd¡ct~ sale, Lender, in person, by agent Or by judicially appointed receiver, slWI be entided to enter upon, take po~ession of and manage the Property and to collect the rents of the Property inclucll11g those p8&t due. AU rents wllected by Lender or rhe receiver shall be applied fITS! to payment of the cosrs of management of rhe Property and collection of rents, including, but not limited to, r~iver's fees, premiums on rece.iver's bolJ.ds and rWOnable attorneys' fees, and then to the swns &ccured by this Mortgage. Lender and die receiver shall be liable to account only fOr those rents acrua11y received. 20, Release. Upon payment of an sums secured by this Mortgage, Lender shall release this Mortg.age without charge to Borrower. Borrower shall pay all costs of recordation. if any. 21. Wa.i'Vtr of H01nt:$tt.ad. Bon-ower hereby waivC3 all right of homC3tead exemption in the Property. REQUEST FOR NOnCE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage. deed of trust or other encumbrance with a lien which has priQrity over this Mortgage to give Notice to Lender, at Lender's address Bet fonh on page one of this Mortgage, of any default under the superior enclln1bnnœ and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed t\ûs Mortgage. @~£1 Here :rAYS ~ ~RS . ~- (Seal) -Borrower (Seal) -Borrower (Seal) -BOJTOWdr (Seal) ·BOftower (Sign OrigInal Only) STATE OF WYOMING, County SIi: The foregoing instrument WAS ackJ1ow/«f¡eð before me this JULY 23, 2007 by JAYSON BYERS. A HARRIED PERSON d:k!, 5j!!¿ ~ Notal}' Public My Commission Expires: b~µ 6þl¡ LORI KAlAN - NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING My Commission Expires Feb. 26. 2011 [Sp.çç l!çlow ThIs Line Reserved For Lender IIId &:cower] G@-76(WYJ ($9121,0' !I'og,40'4 Form 3851 000B37 000838 The- EutcrJy 10 iDeE vfLøt 8 ø:d the Wt!IotRslf (f Lot 9 o!:ßIock 1 orStonor-1<bmcy F"astAA1d1rl@. ~QlthcTown ofC()kt9'iUe.,Un,ço!lt CQllnt;r1J ~mlng. and Plorc paxûCtltar11 d~ ¡u rollows: Rëgb¡nmg ~t the ~ou1hetitltrl1 èo....~ 91 ~ t,.of * and ruJl~ tJle:nau Wß.~{Cl'iy AIQDg tb.e Soathcr1'y bonudåt'yliDð of said Lot 3 a (tisünd! of 1 0 fbl:'t; thrmceNoTther1y1at right~ a cüstmu:c of 170 'foðt . 'ff:J.e¡¡~(.L ~ atong ÜJI: Northerly bðandary 1Ù1Å-" of ~aid UrL"i 8 luul 9 A dÍS'tal1Q: of 83.64 feotJ tJmu;ç ~ud1l!rlJr~ rigid ugls a distuae or 110 teer; thene!. Wœm-!y ~ dî.1bDct Dr 73.61f tœttoithe- PQwt of bGøn.,~g. ~