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Home My WebLink About874131 Olll nlOI THlI 08: ao FAX 30374071115 - crT DENVER - - @OIO Hal ~ The elf Gro~1 mJl' Con.._ - ,... WHEN REcORDEO MAL TO The eIT Group/ Consumer Finance, Ine. P.O. :Oox 630 Marlton, NJ 08053-3941 874131 RECEIVED JNCOLN COUNTY CLERI< o I fll~ 1 2 C ""', !, !, ? .....,1....,\ \) t'il L: If 9 J I~~ /J,\ 1\ 1,\1 r' " .',( /'''' I'" i'j E-/-j >~. ~ l L_ 4 'f r', ....., II .~ /{EMMEF;t F( iiiYC,M It~G l'1 t."'~ BOOK~ .\..4:C:)i PR PAGE ?_ 85 _ SPACE ABOVE THIS UNE FOR REC;O DE '5 USE MORTGAGE 80AROWEA(S) NaM"-l&l and AddresS(es) MARVIN K COX 124 BROOKVIEW LANE SMOOT, WY 83126 LOAN NUMBER DATE 06/Z1/01 TRUSTEE'S NAME AND ADDRESS l.ondQr Nerne and Addreaa The elT (]rDlJp/Cg/1surnor Finane.... Inc.. (a Delawllre Corperllion) S2S1 DTC PARKWAY SUITE 250 ENGl..EWOOD, CO 80111 BAlANCE S49,13S.00 FINAL PAYMENT DATE 07/01/31 " Borrowerowes Lender the principal sum shoWtl in the Principal Balance box above. This debt is evidcnced by Bon;ower'i5 note dated th~ same date lIS this Mongage ("Note"), which provides for monthly payments, with Lhe full debt, if not paid culler. due and payable On the Final Payment Date shown abuve. This Mortgage sec\Ues to Lender: (a) the repayment at the debt evidenced by the Note. withiDb;J;'e5t and lldjWitmell~ thereto, and all renewals. cxtCJUlioDS and modifications; (b) the payment of all other sums. with interclllt. advanced lmdcr pa.raBraph 2 toproteot the security of this Mortgagej and (0) the petfonnanoe of Bonower's QQVena.nts aDd agreements under this Mortgage and the Note. For !:his purpose, Borrower irrevocably ~ts and eO:b.veys to Lender, in trust. with power of sale, the following described property located in LINCOLN County, Wyoming: SEE ATTA.ClIIUJ LEGAL DlJ:SCRIPTION 'EXHIBIT A' which has the address of U4 BROOl(VIEW LANE SMOO'l' Wyoming (Street) 83126 (Zip Code) ("Property AddreS$~)j (City) Together with all the improvemenb now or hereafter ereoted on the property, and all C8.$ements. rights. app\lltenanCC5, rents, royalties, mineral, oil and gas rigbts and profiu, water rights and stock and all fixtW'cs now or hereafter a part of the property. All repla.cemenlS and a.dditions shall also be covered by thi$ Mongage. All of the foregoing is rcfel'l,'ed. to in. this MOl'tsase as the "Property.. Borrower covenants that BorrOWer is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property. Bottowct warrants thai the lien ~reated by this Mortgage is a valid and enforceable lien :mbordinate omy to cuements, liens IU1d restrictions of record as of the dale of this Mottgage, and that duritJg the entire t~nt:l ot the indebtedn05B secured by this Mortgage BoIrowct will not permit this lien to become subordinate to anything else. Borrower warrants and will defend the title to the Property agaiD5t aU claims and demands except such casements. liens lttld J:C$triotiOIl5 of record as of the date of this Mortga.gc. SEE PAGES 2, 3, AND 4 FOR ADDITIO:S-AL IMPORTANT TERMS lnilitJ.l(s) ~ex o.y:Clitil IB.-J$ J3:24JzlI ~"'2784A (4'98) WjI""""s M"riB"p P"g8 1 of 4 \...J ....... ~ VOl "oll Vol .LnLI VO;.)V r.u .)v.,) I 1,'" IOola ld.L .LJ~lH J:!.K ' I({JVll -,~ 'it r~1 ", i' ." ' th:) Ii .' '_ .. - 296 BOI1'O'Wer and Ltoder COVenant and a.gree u follows: 1.lJapncnt or PrJnelpallllld Interest; Prepayment and Late Charees. Borrow~ shall prompdy pay when due the principal of and interest on the debt evidtlQocd by the Notc and any prepayment and late Qbarges due under the Note. 2 Taxcs-LiIlD5-lnsurance~Maintenanee.Bottower win pay, when they ate due atJ.d pa.yabl$, all tu.ell.licm or security titles Oega1 claims), a.ssessmetlts; obligations, Water rates and any other charees against the Property, whether superior or inferior to the lien ,or security title of this Mortgage. including paying Lender any COSTS, includIng outside attorney':! fee:& incurred by Lc:nder In defending a.ny lawsuit by prior or later lienholders or security title holdet's on the Property, maintain ha.zard mS\lD!l.ct on the ~perty in Lender's favot in a fotID. and amount satisfactory to lander and maintain and keep the Property in good repair at all timC8 du:ting the tem of this Mongage pursuant to paragraph 4 below. If lJorrowel' fails to mamtAin the Property in ,ood rep.ir, Leuder may enter the Property and mike thOle repairs ncCC$&ary to maintain the Property in good repair. Lendtt may pay any such tu., lien or 5Ccurity title, lSSemnent. obligation. water rates. ptemium or other charge D8CeSS8J:y to maintain the P:rc;Jperty iQ load repair, or any amoW).b required to purcba.se SUdl iDsutance in Lender's own name. if Borrower fails to do 80. The amount Lender pays will be due and pa.yable to Lender 011 dem~ will beat aD intere:at chargc at the interest rate set forth in the Note secured by this MartSlSI!I if permitted. by law, or, if not, at thc highest lawful JntCh:8t rate. will be an additional lien or security title on the Property and 1M)' be enforced aild collected in the S41I1e manner as the olhcr obligations .sec~ by thb MonP.le. The insuranc:e cmier providina the i1'llM'aDcc tcfcz:rcd ll) above will be chosen by Borrower subject to Lender's aplJIOV81 which will Dot be unreasol1lbly withheld. All iuutanoe poHcic~ and renewals must be acceptable to I...ender and mwt include a standard mortgagee clause. Lender will have the right to hold the polid" and renewals. If Lender requires. Borrower will promptly live to Lenc:ler all receipls of paid premill1M aud reaewal notices. In the cveat of a loss. Borrower will give: prompt notice to the insurance ourier and Lender. Lender may file a proof of lOss if not !J1.ad.e promptly by Bolrower. lMurancc proeeetb will be applied to the restoration or repair of the Pl'operty d1maged or. at Lender's option, the iIl5urance proceeds will be applied to the sums secured by this Mortgage, whether or Dot then due. with any CXCClS paid to EloltOwet. If Bortowor abandons rht: Property, Ol does not answer within ten (10) dayS, a notice from Lender that the ~e came.r bas offered to settle a claim, then lender may collect 'the iuswancc proceeds. Lender may use thc llrocecds to repair or mstlJtc the Property or to pay SlitD3 8eCuted by this Mortgage. whether or I10t then due. The ten (1 O)-day period will begin when the notice is given. 3. ApplteatioD OfP.,mthfB. Unless applicable: law provides otherwise, paymenrs mall be first applied. to any prepayment ehatgC5, thcn 19 my c0st5 and e;(~ incurred under this Mortgage, then to interest then due and then to principal. 4. Preservatloh and Maintenance of Propertyl Luscbolds. Borrower shalt notdcljtroy. damage or sub5ta.ntiall~ chanse the Property, allow the Property to deteriorate or cotmnit waste. If this Security Instrument. is 011 a leasehold, BOttower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Propeny, the leasehold and fee title :iball not merge unless Lender agrees to the merger in wridng. S. Mortgage Insurance. If ~dct required mortgage:: insurance. as a conditiOD. of tnaldng the loan sccured by thi:!l Mortgage, Borrower shall pay the prelhiums required to mainwnlhc imurance in effect until such time u the requircment for the insurance tenninA1e$ in 8.CCOrdanee with Bonvwer's and Lender's written agreement or applicable law. fl. IDspectlon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender ,hall give BOl'rowcr notioe at the time of at prior to an inspection speeifying reasonable C&U8C for the inspection. 7. Condemnation.. 1'b~ proceed" of any award or claim for damagC$, d.ireet at consequential, ~ oormeetion with any conddDnation l'Jr other taking of any part of the Property, or for conveyance in !Jeu of oondeznnation, ate hereby assigned and shall be paid to Lender. rn thE: event of a total taking of the Property, the proceeds shall be ap~llc:d to the SI)fm secured by this Motlgilge, whether or not then due, with any excess paid to Borrower. tn the event of a ~a1 taking of the Property, unless Borrower and Lender otherwise agree in writing, the :sums secured by this Mortllge shall be reduced by the amount of the pmce<<fs multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fah lI1atket value of the Property immediately before the taking. AIiy balanoesh811 be paid fa BoD'OWCf. H the PJ:operty .Is abandoned by Borrower, or if, after notice by Lendct IQ Borrower that the OOD~Ol offers to make an award at 5ettle 8. claim for dan1a,cs. BCttOwer fails to respond to Lender within 30 dl)'$ after the date the notice is giv~, Lend=t hi lI.uthorized 10 coUe4;lt and apply the proceeds. at Jts option, eithet to restoration Ot repair I'If the Property or to the sums secured by this Mortgage, whether or not then due. Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall DOt extend or tJostpone the due date of !be payments referred to in parall'aph 1 or change the amount of such payments. 8. BQrrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortiUtlon of the sums secU1'ed by this MortgagE: granted by Lender to any successor in interest of Borrower shall not operate to release the lIabUity of the oriSinaJ Borrower 01' Borrower's successors in lnterelit. ~nder shall not be required [0 commence ptoceedings asainst any lSUCCOS:jot in interest or refuse to extend time for payment or otherwise modify amortIuti.on of the sums seeuted by thi$ Mortgago by reason of any demand made by the original BorroWet' or BortOWCl's SUCCCI5Or5 in. interest. AJ.ty forbearance by Lender In. exeroisiD, any right Of rettl.edy shall not be a waiver of at prec:lude the exercise of any right or remedy. SEE PAGES 1, 3, AND 4 FORADDITIONA.L IMPOllTANT TERMS MARVIN Cox Q!jI20,101 JIl:JS 1334328 2 1784R fi~ Page 2 0/4 ..J .......lIIIII ~ ~ O~':f"l41,;J1. 29'1 9. SU&:CllflSQrs and, Assigns Bound; Joint and Several Liabilityl Co-lligol!r!i. The covenants and agreements of this Mottgage 1,;N.1I bind and benefit the ~ucceS50r5 and wigns of lender and Borrowllt. !iUbjecL La the provisions ofpansraph IS. BOttower's covenants and agrccmenls'shall be joint and 5everal: Any BOttOwer who co-slgns this Mortgage but does not execute the Note: (a) is oo-signing this Mortgage only to mortgal6, grant and OOI1vey that Borrower's interest in the Property under the tcmLS of this Mortgagej (b) is not personally obligated to pay the sum!! $eCured by this Mortsallc; and (c) agrees that Lendor and any other Bo!tOwer may agree to extend., modify, forbear or make any accommodations 'with leilucl to the tenns of this Mortgage or th... Note without ~t BonoWc1":; consent.' 10. Loan Charges. If the loan secured by this Mortgage is subject to a law which set! maximum loan charges, and. tbat law is fmally interpreted so w[ the interest or other loan charges collected or to be collected in oontleclion with the 10M exeecd the pennitted limits, thc~; (a) any such loan eharge 3hall be reduced by the 8.121ount necessary to reduce the charge to the permitted litnhj and (b) any sums aheady coU~ted from Borrower whioh exceeded petmiUed limits will be refunded to Borrower. lender may choose to make this rcfWld by reducing the principal owed UDder [be Note or by making a direct payment to Borrower. Tf a refund reduces principal, the reduction will be treated as a partial prepayment witbout any prepayment charge under the Note. U. L(lgislatiuQ Afl'cctini Lender's Rlgbts. If enacnnent or expiration of applicable laws hu the effect of rcnderins any provision of Ih,~ Note or this Mortg8.je 'unenforceable according to it3 terms, Lender, a1 ib option, may tequite immediate payment in full of all sums secured by this Mortgage and may invoke any remedies permitted by paragraph 17. 12. Noliees, Any notice to BOlTQwer provided fot in, Uris Mongage shall be given by delivering it or by mailing it by fl..r&t clQS mail unless applicable law requires use of another method. Borrower te(j,UC3t$ that copies of any notic~ of d.cfault and sale be lient to Borrower's address which Is the Propetty Add.reas unless ot:hctwisc indicated on the front pa.ge of this Mottgage. Any notiae to LeAder shall 00 liven by first class 1mlil tQ Lender's address stated herein or any other llddrcs:; Lender designates by notice to Borrower. Any notice J;llovided for in this Mortgage shall be deemed to ha.ve been given to Borrowet or Lender when given as provided in this plltall'aph. 13. Governing Law; Severability. This Mortgage shall be governed by Wyoming and applicable federal law. In the event that my provision or clause of this Motl,lJa8e or the Note conflicts with applicable law, such conflict ::;ha1l. not affect other provisiOn! of this Mortga.ge or the Note which can be given effect without the confliotingprovision. To this eoo the provisions of this Mortgage and the Note a.te declared to btl $CVCIBblc. 14. Borrower's Copy. Borrower shall be given one conformed. copy of the Note and of this Mortgage. 1S. Transfer of the Property or a Beneficial Interest in Borro'Wer.1f all or any part of the Property or any intCl'(;5l: in it is sold or rnmsfcrred (or if a beneficial interest in Borrower is sold or tr'cU1sfetted and Borrower is not 1I. natural person) without Lender's prior written consent, Lender may, at 11:$ option, require lm1nediate pilyment in full of all15um5 secured by this Mortgage. However, !hili option shall not be exetci.w by Lender if exercise is prohibited by federal Ja.w AS of the date of this Mortgage. 16. Borrower's Riebt to Reinstate. If Borrower meels certain eondi.tions. BOlTower shall have the risht to have enforcement of this MortgaBe discontinued at any time prior to the earlier of: (a) such period as applicable law may specify for reinstatement befote sale of tb.e Property putSliaIlt to any power of sale conWned in this Morts~ej or (b) enlI}' of a judgment enforcing th!s Mortgagc_ TI1o:se conditions are that Borrower; (a) pays Lendllr ~ll sums whit:h then would. be due under this MQrtg_sc and the Note bad no accelera.tion occurred, (b) cures allY defaultef any other covenants or agreements; (0) pays all expenses incuqed in enforcing this Mortgage, including, but not limited to, reasonable attorneys' fees; and (d) Lakes such action as Lender may reaSonably require to assure that the lien or security title of this Mortgage, Lender's lights in the Ptoperty and Borrower's obligation, to pay the sums secured by Uljs Mortgage shall eontinue unchanSed. Upon roinstalemcnt by BOIrOwer, this Mortgage and the obHgationa secured hereby 1ilia11 remain fully effective as if no ac;:celerad.on had occurred. However, this right to reinslate shill not apply in the case of acceluratiotumder paragraph IS. . 17. Default. If Borrower defaults in paying any part of the: indebtedness secured by tm!) Mortgage or if BOlTOwer defaults in any other way, the entitc. unpaid principal and any acctucd and unpaid interest thereon and any other . amounlS Borrower tlll:n owes under the loan secured by this Mortgage will become duo, if Lender desires. Lendcr ma.y exeoute and recotd, in the Office of the Record(:I of each coumy ill which the Property or some part is located, a WJ.inen nonce of the def~ult and Lender's election to liell the Property seoured by this Mortgage. Lender may rescind the notice bef()t~ the Lender's sale by cxecutin.g-and recording It notice of rescission, which will cancel any prior notiee of default and of any acceleration of the maturity of the indebtedness affected by any prior notice of defa.ult. Lender's rcscissiOJ) of a notice of default will not waive any existing or subsequent defa.ult nor impair ~dcr's right to ex.eoute ~y notice of default and election to cause the Property to be sold nor otherwise affect any of Lender's rights Uftder thiB Mortgage. After the time required by law following the t'eeording of \:he notice of default baa,elapaed. the Lender may give notice of sale as then required by law and, without demand 011 Borrower, seIl the real estaJ:c at the time and place futcd in the notice of sa.le either lIS it. whole or In scpan.te parcels In whatever order the Leader detctmines, at public auction to rhe hi,hClt bidder for casJ1,. The Lender ~y postpone the sale from time to time by nWdng a public IWilOUDQ01IlCnt at the original!)!' prcvloWlly postponed time and place of sale, and without further notice. the lender may make such we at the time to which the sale may be so postponed, SEll: PAGES 1.', AND 4 FO, ADDITIONAL IMPORTANT TERMS ~) Initial(s) x~_ Pagd 014 IdI>RVINCOX ~1 111:15 :2.2~C 13:14528 - - - ",UI 10..., u... ..ilL' VI). oJ';' rA.A oJVoJ I liV I 0.1.0 ...! J, .lJ.t.l~ ~ .t.1\ IgJU13 .._1"")1 tJ__.. .. !.il.....l! - - 29& The Lender will deliver to the purohaser a deed conveying the teal estate sold, but without any covenant ot wmanty, express or implied. Any person, includinslender or Bon'Ower. may bid at the sale and purchase the real estate. The proceeds of th~ sale will be applied by the Lendor first, to the payment of all feea and CX~Wlc5 of the l...e!lder and. of tbiJ Monp,gcj second to alls1UD& expended by Lender under the terms of this Mortjage which have not been repaid. with accrued interest at the amoUDt allowed hy law; third to all other sums scented by this Mottgagej and my remainder to the persoll5 legally entitled to it. 18. Lebder in JiO$$el5jon. Upon accelc1'Iltion \lIld.cr paragraph 17 or abandonment of the Property, Lendet (in person, by alent or by judicially appointed receiver) shall be entitled to emu upon, take possession of and manage the Property and to collect the rents of tho Property including those past due. A1J.y fCnts eollectcd by LendeJ: of the receiver shall be applied fust to payment of the costs of tn:mascment of the Property aod collEction of rents, including, but not limited to. receiver's fel!$, premiums on receiver's bonds and reasonable attorneys' fee~ and then to r.he sums secured by 1his Mortgage. 19. Reconveyance. Upon payment of all sums seetl1'ed by this Mortga.ge. Lender shall reque:lIt the Lender to reconvey the Ptopotty and shall surrender this Mortgage and all notes evidencing debt secured by this Mortsare to the Lender. ~ aball RwnVCy the Pro~tty withOLlt wananty. the Lender may cliatge a fee for scl,'Viccs rendered in CODneotion with the preparation, execution or recordation of a l'eCOnveyaJ1Cc, or request for ~ reconveyance. to the extent allowed by law. Such person or person:.; shall pay any recordation costs. 20. Riden to this Mortgage. Jf one or more riders are executed by Borrower and recorded together with this Mortgage. the covenants and agreements of each rider shall be incorporated into and sball unend and supplement rhe covenants and agreements of this Mortgage as if the rideres) were a part of this Mortgage. [Check applicable .box(s)}. o Adjustable kale Rider o Condornlnil.lm Rider 02.4 Family Rider DGradualed Payment Rider 0 Planned Unit Dcvelopm~t Rider o Request for Copy of Notice of Default D Other(rs) [specify] 21. T~r of SCrvicing. If the servicing of this Mortgage and the indebtedness by which it secures is ever transferred from. one servicing agent to another servicing agent, each such servieinl agent shaJ1 infortn the bQn'Qwer of the traDsfcr prior to the ctClltion of any obligation OJJ. the ~ of the BoIrOwer to JiIa)' the new servicing agent. By signing below, BOl'J.'ower accepts and agrees to the temu; and covenants contained in this Mortgage and in any ridtr(5) executed by Bonower and recorded with it. The undempecl(s) hereby releue IUId waive all righb! under and by virtue of the homestead exemption laws oftbiJ state. SEE PAGES I, ;2, AND 3 FOR ADDITIONAl. IMPORTANT TERMS 4~<<~ Witness MARVIN K cox Borrower Wib:1e.ss Borrowe.r STATE OF WYOMING COUN1'YOF Lincoln Jss, On June 21, 2001 befoteme, Laurie McKee (Notary Name and TItle) a Notary Public in and for the StAte of Wyoming. personally appeared MARVIN K COX personally known to me (or proved to me on the basis of satisfactory evidence) to be the pcrson(s) whose name(s) ls/ue subscribed to the within instrument and acknowledged to me: that he/me/they executed the same in hi5/her/thcir authorized eapaclty(les). and that by hislher/their si8nature(s) on the iDstruDtent the person(s), or the entity upob behalf of which the person(s) aoted, executed the instrument. / ." LAURIE McKEE - NOTARY POfible COIJHY'Of . !fAft (lr LINCOlN WY(lM1N(I 11, 2004 lNO 1lly.20000J I~: J.~ 1324528 1.21S4D Page 4 (1/4 -.) ~ ~ r" .,.1 O~j7it131 299 EXlllBIT A Legal Description for Marvin K. Cox A portion of the SEIASWIA of Section 32, T31N R1l8W of the 6th P.M., Lincoln County, Wyoming. more particularly described as follows: Beginning on the South boundary line of said Section 32 at a point 330.00 feet West from the South One-Quarter corner of said Section 32, said point being the location of an iron pipe survey marker monumenting the Southwest corner of the Smoot cemetery tract; and running thence West, along section line. 985.07 feet to a second iron pipe survey marker; thence N 0008'27" W, 330.001 feet; thence East 849.64 feet; thence N 0001 '57" E, 330.00 feet; thence East 466.53 feet, more or less, to the Eastboundary line of the SWIA of Section 32; thence S 0001 '57" W, along the said East boundary line 330.00 feet to an iron pipe survey marker monumenting the Northeast corner of the Smoot cemetery tract; thence West 330.00 feet to an iron pipe survey marker monumenting the Northwest corner of the Smoot cemetery tract; thence S 0001 '57" W, 330.00 feet to the point of beginning, more or less, as shown on a survey and plat thereof prepared for Kirk Mitchell by Baker Engineers dated July, 1983. LESS AND EXCEPT the land contained in Warranty Deed recorded September 21, 1984 in Book 218PR on page 711 of the records of the Lincoln County Clerk_ - - -