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RECEIVED 12/21/2007 at 11 :38 AM
RECEIVING # 935746
BOOK: 681 PAGE: 754
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
,000754
MORTGAGE
KNOW ALL MEN BY THESE PRESENTS, that RANDY THOMPSON of Grover,
Wyoming, and TRENT PETERSEN of Thayne, Wyoming (hereafter "Mortgagor"), to
secure the payment of the principal sum of THREE HUNDRED EIGHTY THOUSAND
DOLLARS AND NO CENTS ($380,000.00), as evidenced by a Promissory Note dated of
even date herewith, to the order of KEVAN C. LARSEN and PATRICIA B. LARSEN of
Thayne, Wyoming, (hereafter "Mortgagee") to be paid as follows:
A. Upon the execution of this Promissory Note ("Note") and Mortgage of even
date, the Mortgagor agrees and states that the Mortgagor owes the Mortgagee the amount
of THREE HUNDRED EIGHTY THOUSAND DOLLARS AND NO CENTS ($380,000.00),
and will pay the Mortgagee this amount plus interest, late charges and penalties, pursuant
to the terms of this Note and Mortgage of even date.
B. The principal amount of THREE HUNDRED EIGHTY THOUSAND
DOLLARS AND NO CENTS ($380,000.00), shall accrue interest at the rate of seven (7%)
percent per annum until paid in full to the Mortgagee.
j'
C. During the term of this loan, the Mortgagor will pay to the Mortgagee,
monthly payments in the amount of TWO THOUSAND FIVE HUNDRED TWENTY EIGHT
DOLLARS AND FIFTEEN CENTS ($2,528.15), over a six (6) year period and at the end of
the six (6) year period, all the principal, interest, penalties and late charges will be due and
payable in full.
-<'
D. The Mortgagor shall make monthly payments, beginning on February 1,
2008, based upon the six (6) year amortization schedule, which is attached hereto as
"Exhibit A" and made part of this document by reference and incorporation. The estimated
monthly payments will be TWO THOUSAND FIVE HUNDRED TWENTY EIGHT
DOLLARS AND FIFTEEN CENTS ($2,528.15) with the final estimated payment being
THREE HUNDRED FIFIYFOUR THOUS.M~D SEVEN HUNDRED FIFIYFIVE DOLLARS
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AND NINETY SEVEN CENTS ($354,755.97).
000755
E. The Mortgagor may prepay the principal amount in whole or in part at any
time without penalty. Any partial prepayment shall be applied against the principal amount
outstanding and shall not postpone the due date of any subsequent monthly installments
or change the amounts of such installments, unless the Mortgagee shall agree in writing.
F. If any payment is made more than five (5) days after the date due, the
Mortgagor shall pay an additional two hundred dollars ($200.00) in the form of a late
payment charge and penalty to the Mortgagee.
MORTGAGOR hereby mortgages to Mortgagee, the following described real estate,
situated in the County of Lincoln, State of Wyoming:
See "Exhibit B" attached hereto and incorporated herein by reference.
Together with all water rights, mineral rights, improvements
and appurtenances thereon situate or in anywise appertaining
thereunto. Subject, however, to all reservations, restrictions,
exceptions, easements and rights-of-way of record or in use.
MORTGAGOR COVENANTS that Mortgagor is lawfully seized of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that the
Property is unencumbered, except for encumbrances of record. Mortgagor warrants and
will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record and additionally covenants and promises:
1. Payment of Principal, Interest, Prepayment Charges, and Late Charges. Mortgagor
shall pay when due the principal of, and interest on, the debt evidenced by the Note of even
date ("Note"), and any prepayment charges and late charges due under the Note. Payments
due under the Note and this Security Instrument shall be made in U.S. currency. However,
if any check or other instrument received by Mortgagee as payment under the Note or this
Security Instrument is returned to Mortgagee unpaid, Mortgagee may require that any or
all subsequent payments due under the Note and this Security Instrument be made in one
or more of the following forms, as selected by Mortgagee: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check
is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Mortgagee when received at the location
designated in the Note or at such other location as may be designated by Mortgagee in
accordance with the notice provisions in this document and Note. Mortgagee may return
any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Mortgagee may accept any payment or partial payment insufficient to
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000756
bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments in the future, but Mortgagee is not obligated to
apply such payments at the time such payments are accepted. If each Periodic Payment is
applied as of its scheduled due date, then Mortgagee need not pay interest on unapplied
funds. Mortgagee may hold such unapplied funds until Mortgagor makes payment to bring
the Loan current. If Mortgagor does not do so within a reasonable period of time,
Mortgagee shall either apply such funds or return them to Mortgagor. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately
prior to foreclosure. No offset or claim which Mortgagor might have now or in the future
against Mortgagee shall relieve Mortgagor from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this
Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section
2, all payments accepted and applied by Mortgagee shall be applied in the following order
of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts
due under Section 3. Such payments shall be applied to each Periodic Payment in the order
in which it became due. Any remaining amounts shall be applied first to late charges,
second to any other amounts due under this Security Instrument, and then to reduce the
principal balance of the Note.
If Mortgagee receives a payment from Mortgagor for a delinquent Periodic Payment
which includes a sufficient amount to pay any late charge due, the payment may be applied
to the delinquent payment and the late charge. If more than one Periodic Payment is
outstanding, Mortgagee may apply any payment received from Mortgagor to the repayment
of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Note shall not extend or postpone the due date, or change the
amount, of the Periodic Payments.
3. Charges; Liens. Mortgagor shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security
Instrument, leasehold payments or ground rents on the Property, if any, and Community
Association Dues, Fees, and Assessments, if any. Mortgagee may pay any tax assessment
or other costs associated with the property, if delinquent. The amount paid shall accrue
interest in the amount o,f 21% until paid by the Mortgagor. Any delinquent tax, assessment
or charge paid by the Mortgagee shall constitute default under this security agreement.
Mortgagor shall promptly discharge any lien which has priority over this Security
Instrument unless Mortgagor: (a) agrees in writing to the payment of the obligation
secured by the lien in a manner acceptable to Mortgagee, but only so long as Mortgagor is
performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Mortgagee's opinion operate to
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000757
prevent the enforcement of the lien while those proceedings are pending, but only until
such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Mortgagee subordinating the lien to this Security Instrument. If Mortgagee
determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Mortgagee may give Mortgagor a notice identifying the lien.
Within 10 days of the date on which that notice is given, Mortgagor shall satisfy the
lien or take one or more of the actions set forth above in this Section 3.
Mortgagee may require Mortgagor to pay a one-time charge for a real estate tax
verification and/or reporting service used by Mortgagee in connection with this Loan.
4· Property Insurance. Mortgagor shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the
term "extended coverage," and any other hazards including, but not limited to,
earthquakes and floods, for which Mortgagee requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that
Mortgagee requires. What Mortgagee requires pursuant to the preceding sentences can
change during the term of the Loan. The insurance carrier providing the insurance shall
be chosen by Mortgagor subject to Mortgagee's right to disapprove Mortgagor's choice,
which right shall not be exercised unreasonably. Mortgagee may require Mortgagor to pay,
in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes
occur which reasonably might affect such determination or certification. Mortgagor shall
also be responsible for the payment of any fees imposed by the Federal Emergency
Management Agency in connection with the review of any flood zone determination
resulting from an objection by Mortgagor.
If Mortgagor failsto maintain any ofthe coverages described above, Mortgagee may
obtain insurance coverage, at Mortgagee's option and Mortgagor's expense. Mortgagee is
under no obligation to purchase any particular type or amount of coverage. Therefore,
such coverage shall cover Mortgagee, but might or might not protect Mortgagor,
Mortgagor's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in
effect. Mortgagor acknowledges that the cost of the insurance coverage so obtained might
significantly exceed the cost of insurance that Mortgagor could have obtained. Any
amounts disbursed by Mortgagee under this section shall become additional debt of
Mortgagor secured by this Security Instrument. These amounts shall bear interest at the
Note rate from the date of disbursement and shall be payable, with such interest, upon
notice from Mortgagee to Mortgagor requesting payment.
All insurance policies required by Mortgagee and renewals of such policies shall be
subjectto Mortgagee's rightto disapprove such policies, shall include a standard mortgage
clause, and shall name Mortgagee as mortgagee and/or as an additional loss payee.
Mortgagee shall have the right to hold the policies and renewal certificates. If Mortgagee
requires, Mortgagor shall promptly give to Mortgagee all receipts of paid premiums and
renewal notices. If Mortgagor obtains any form of insurance coverage, not otherwise
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000758
required by Mortgagee, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Mortgagee as mortgagee and/or as an
additional loss payee.
In the event ofloss, Mortgagor shall give prompt notice to the insurance carrier and
Mortgagee. Mortgagee may make proof ofloss if not made promptly by Mortgagor. Unless
Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds, whether or
not the underlying insurance was required by Mortgagee, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and
Mortgagee's security is not lessened. During such repair and restoration period, Mortgagee
shall have the right to hold such insurance proceeds until Mortgagee has had an
opportunity to inspect such Property to ensure the work has been completed to
Mortgagee's satisfaction, provided that such inspection shall be undertaken promptly.
Mortgagee may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such insurance proceeds,
Mortgagee shall not be required to pay Mortgagor any interest or earnings on such
proceeds. Fees for public adjusters, or other third parties, retained by Mortgagor shall not
be paid out of the insurance proceeds and shall be the sole obligation of Mortgagor. If the
restoration or repair is not economically feasible or Mortgagee's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Mortgagor. Such
insurance proceeds shall be applied in the order provided for in Section 2.
If Mortgagor abandons the Property, Mortgagee may file, negotiate and settle any
available insurance claim and related matters. If Mortgagor does not respond within 30
days to a notice from Mortgagee that the insurance carrier has offered to settle a claim,
then Mortgagee may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Mortgagee acquires the Property under Section 19 or
otherwise, Mortgagor hereby assigns to Mortgagee (a) Mortgagor's rights t6 any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security
Instrument, and (b) any other of Mortgagor's rights (other than the right to any refund of
unearned premiums paid by Mortgagor) under all insurance policies covering the
Property, insofar as such rights are applicable to the coverage of the Property. Mortgagee
may use the insurance proceeds either to repair or restore the Property or to pay amounts
unpaid under the Note or this Security Instrument, whether or not then due.
5. Preservation, Maintenance and Protection of the Property; Inspections. Mortgagor
shall not destroy, damage or impair the Property, allow the Property to deteriorate or
commit waste on the Property. Whether or not Mortgagor is residing in the Property,
Mortgagor shall maintain the Property in order to prevent the Property from deteriorating
or decreasing in value due to its condition. Unless it is determined pursuant to Section 4
that repair or restoration is not economically feasible, Mortgagor shall promptly repair the
Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the
Property, Mortgagor shall be responsible for repairing or restoring the Property only if
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000759
Mortgagee has released proceeds for such purposes. Mortgagee may disburse proceeds for
the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. If the insurance or condemnation proceeds are not sufficient to repair
or restore the Property, Mortgagor is not relieved of Mortgagor's obligation for the
completion of such repair or restoration.
Mortgagee or its agent may make reasonable entries upon and inspections of the
Property. If it has reasonable cause, Mortgagee may inspect the interior of the
improvements on the Property. Mortgagee shall give Mortgagor notice at the time of or
prior to such an interior inspection specifying such reasonable cause.
6. Mortgagor's Loan Application. Mortgagor shall be in default if, during the Loan
application process, Mortgagor or any persons or entities acting at the direction of
Mortgagor or with Mortgagor's knowledge or consent gave materially false, misleading,
or inaccurate information or statements to Mortgagee (or failed to provide Mortgagee with
material information) in connection with the Loan.
7. Protection of Mortgagee's Interest in the Property and Rights Under this Security
Instrument. If (a) Mortgagor fails to perform the covenants and agreements contained in
this Security Instrument, (b) there is a legal proceeding that might significantly affect
Mortgagee's interest in the Property and/or rights under this Security Instrument (such
as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement
of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Mortgagor has abandoned the Property, then Mortgagee may do and
pay for whatever is reasonable or appropriate to protect Mortgagee's interest in the
Property and rights under this Security Instrument, including protecting and/ or assessing
the value of the Property, and securing and/ or repairing the Property. Mortgagee's actions
can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the
Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building
or other code violations or dangerous conditions, and have utilities turned on or off.
Although Mortgagee may take action under this Section 7, Mortgagee does not have to do
so and is not under any duty or obligation to do so. It is agreed that Mortgagee incurs no
liability for not taking any or all actions authorized under this Section.
Any amounts disbursed by Mortgagee under this Section shall become additional
debt of Mortgagor secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Mortgagee to Mortgagor requesting payment.
If this Security Instrument is on a leasehold, Mortgagor shall comply with all the
provisions of the lease. If Mortgagor acquires fee title to the Property, the leasehold and
the fee title shall not merge unless Mortgagee agrees to the merger in writing.
8. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds
are hereby assigned to and shall be paid to Mortgagee.
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000760
If the Property is damaged, such Miscellaneous Proceeds shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible
and Mortgagee's security is not lessened. During such repair and restoration period,
Mortgagee shall have the right to hold such Miscellaneous Proceeds until Mortgagee has
had an opportunity to inspect such Property to ensure the work has been completed to
Mortgagee's satisfaction, provided that such inspection shall be undertaken promptly.
Mortgagee may pay for the repairs and restoration in a single disbursement or in a series
of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Mortgagee
shall not be required to pay Mortgagor any interest or earnings on such Miscellaneous
Proceeds. If the restoration or repair is not economically feàsible or Mortgagee's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with the excess, if any, paid to
Mortgagor. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Mortgagor.
In the event of a partial taking, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction,
or loss in value is equal to or greater than the amount of the sums secured by this Security
Instrument immediately before the partial taking, destruction, or loss in value, unless
Mortgagor and Mortgagee otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by th amount of the Miscellaneous Proceeds multiplied by
the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the
Property immediately before the partial taking, destruction, or loss in value. Any balance
shall be paid to Mortgagor.
In the event of a partial taking, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction,
or loss in value is less than the amount of the sums secured immediately before the partial
taking, destruction, or loss in value, unless Mortgagor and Mortgagee otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Mortgagor, or if, after notice by Mortgagee tó
Mortgagor that the Opposing Party (as defined in the next sentence) offers to make an
award to settle a claim for damages, Mortgagor fails to respond to Mortgagee within 30
days after the date the notice is given, Mortgagee is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party" means the
third party that owes Mortgagor Miscellaneous Proceeds or the party against whom
Mortgagor has a right of action in regard to Miscellaneous Proceeds.
Mortgagor shall be in default if any action or proceeding, whether civil or criminal,
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000761.
is begun that, in Mortgagee's judgment, could result in forfeiture of the Property or other
material impairment of Mortgagee's interest in the Property or rights under this Security
Instrument. Mortgagor can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling
that, in Mortgagee's judgment, precludes forfeiture of the Property or other material
impairment of Mortgagee's interest in the Property or rights under this Security
Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Mortgagee's interest in the Property are hereby assigned and shall be paid
to Mortgagee.
All Miscellaneous Proceeds that are not applied to restoration or repair of the
Property shall be applied in the order
provided for in Section 2.
9. Mortgagor Not Released; Forbearance By Mortgagee Not a Waiver. Extension of
the time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Mortgagee to Mortgagor or any Successor in Interest of Mortgagor
shall not operate to release the liability of Mortgagor or any Successors in Interest of
Mortgagor. Mortgagee shall not be required to commence proceedings against any
Successor in Interest of Mortgagor or to refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Mortgagor or any Successors in Interest of Mortgagor. Any
forbearance by Mortgagee in exercising any right or remedy including, without limitation,
Mortgagee's acceptance of payments from third persons, entities or Successors inInterest
of Mortgagor or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
10. Joint and Several Liability; Co-signers; Successors and Assigns Bound.
Mortgagor covenants and agrees that Mortgagor's obligations and liability shall be joint
and several. However, any Mortgagor who co-signs this Security Instrument but does not
execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to
mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this
Security Instrument; and (c) agrees that Mortgagee and any other Mortgagor can agree
to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 15, any Successor in Interest of Mortgagor who
assumes Mortgagor's obligations under this Security Instrument in writing, and is
approved by Mortgagee, shall obtain all of Mortgagor's rights and benefits under this
Security Instrument. Mortgagor shall not be released from Mortgagor's obligations and
liability under this Security Instrument unless Mortgagee agrees to such release in writing.
The covenants and agreements of this Security Instrument shall bind (except as provided
in Section 17) and benefit the successors and assigns of Mortgagee.
11. Loan Charges. Mortgagee may charge Mortgagor fees for services performed in
connection with Mortgagor's default, for the purpose of protecting Mortgagee's interest
in the Property and rights under this Security Instrument, including, but not limited to,
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000762
attorneys' fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security Instrument to charge a specific fee to
Mortgagor shall not be construed as a prohibition on the charging of such fee. Mortgagee
may not charge fees that are expressly prohibited by this Security Instrument or by
Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is
finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall
be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)
any sums already collected from Mortgagor which exceeded permitted limits will be
refunded to Mortgagor. Mortgagee may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Mortgagor. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note).
Mortgagor's acceptance of any such refund made by direct payment to Mortgagor will
constitute a waiver of any right of action Mortgagor might have arising out of such
overcharge.
12. Notices. All notices given by Mortgagor or Mortgagee in connection with this
Security Instrument must be in writing. Any notice to Mortgagor in connection with this
Security Instrument shall be deemed to have been given to Mortgagor when mailed by
first class mail or when actually delivered to Mortgagor's notice address if sent by other
means. Notice to anyone Mortgagor shall constitute notice to all Mortgagors unless
Applicable Law expressly requires otherwise. The notice address shall be the Property
Address unless Mortgagor has designated a substitute notice address by notice to
Mortgagee. Mortgagor shall promptly notify Mortgagee of Mortgagor's change of address.
If Mortgagee specifies a procedure for reporting Mortgagor's change of address, then
Mortgagor shall only report a change of address through that specified procedure. There
may be only one designated notice address under this Security Instrument at anyone time.
Any notice to Mortgagee shall be given by delivering it or by mailing it by first class mail
to Mortgagee's address stated herein unless Mortgagee has designated another address
by notice to Mortgagor. Any notice in connection with this Security Instrument shall not
be deemed to have been given to Mortgagee until actually received by Mortgagee. If any
notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this
Security Instrument.
13. Governing Law; Severability; Rules of Construction. This Security Instrument
shall be governed by federal law and the law of the jurisdiction in which the Property is
located. All rights and obligations contained in this Security Instrument are subject to any
requirements and limitations of Applicable Law. Applicable Law might explicitly or
implicitly allow the parties to agree by contract or it might be silent, but such silence shall
not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law,
such conflict shall not affect other provisions of this Security Instrument or the Note
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Page 9 of 13
which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean
and include corresponding neuter words or words of the feminine gender; (b) words in the
singular shall mean and include the plural and vice versa; and (c) the word "may" gives
sole discretion without any obligation to take any action.
14. Mortgagor's Copy. Mortgagor shall be given one copy of the Note and of this
Security Instrument.
15. Transfer of the Property or a Beneficial Interest in Mortgagor. As used in this
Section 15, "Interest in the Property" means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed,
contract for deed, installment sales contract or escrow agreement, the intent of which
is the transfer of title by Mortgagor at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or
transferred (or if Mortgagor is not a natural person and a beneficial interest in
Mortgagor is sold or transferred) without Mortgagee's prior written consent,
Mortgagee may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Mortgagee if such exercise
is prohibited by Applicable Law.
If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of
acceleration. The notice shall provide a period of not less than 30 days from the date
the notice is given in accordance with Section 12 within which Mortgagor must pay all
sums secured by this Security Instrument. If Mortgagor fails to pay these sums prior to
the expiration of this period, Mortgagee may invoke any remedies permitted by this
Security Instrument without further notice or demand on Mortgagor.
16. Mortgagor's Right to Reinstate After Acceleration. If Mortgagor meets certain
conditions, Mortgagor shall have the right to have enforcement of this Security
Instrument discontinued at any time prior to the earliest of: (a) five days before sale of
the Property pursuant to any power of sale contained in this Security Instrument; (b)
such other period as applicable law might specify for the termination of Mortgagor's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Mortgagor: (a) pays Mortgagee all sums which then would be due
under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred
in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Mortgagee's interest in the Property and rights under this
Security Instrument; and (d) takes such action as Mortgagee may reasonably require to
assure that Mortgagee's interest in the Property and rights under this Security
Instrument, and Mortgagor's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Mortgagee may require that Mortgagor pay
such reinstatement sums and expenses in one or more of the following forms, as
selected by Mortgagee: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an
000763
All rights to the use of this document
reserved by:
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110-1550
Page 10 of 13
000764
institution whose deposits are insured by a federal agency, instrumentality or entity; or
(d) Electronic Funds Transfer. Upon reinstatement by Mortgagor, this Security
Instrument and obligations secured hereby shall remain fully effective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 15.
17. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without
prior notice to Mortgagor. A sale might result in a change in the entity (known as the
"Loan Servicer") that collects Periodic Payments due under the Note and this Security
Instrument and performs other mortgage loan servicing obligations under the Note
and this Security Instrument.
18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances"
are those substances defined as toxic or hazardous substances, pollutants, or wastes 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; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup"
includes any response action, remedial action, or removal action, as defined in
Environmental Law; and (d) an "Environmental Condition" means a condition that can
cause, contribute to, or otherwise trigger an Environmental Cleanup.
Mortgagor shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in
the Property. Mortgagor shall not do, nor allow anyone else to do, anything affecting the
Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the
Property. 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 (including, but not limited to, hazardous substances in consumer products).
Mortgagor shall promptly give Mortgagee written notice of (a) any investigation,
claim, demand, lawsuit or other action by any governmental or regulatory agency or
private party involving the Property and any Hazardous Substance or Environmental
Law of which Mortgagor has actual knowledge, (b) any Environmental Condition,
including but not limited to, any spilling, leaking, discharge, release or threat of release
of any Hazardous Substance, and (c) any condition caused by the presence, use or
release of a Hazardous Substance which adversely affects the value of the Property. If
Mortgagor learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Mortgagor shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create
any obligation on Mortgagee for an Environmental Cleanup.
All rights to the use of this document
reserved by:
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110-1550
Page 11 of 13
000765
19. Acceleration; Remedies. Mortgagee shall give notice to Mortgagor prior to
acceleration following Mortgagor's breach of any covenant or agreement in this Security
Instrument (but not prior to acceleration under Section 15 unless Applicable Law
provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default· (c) a date, not less than 30 days from the date the notice is given to
Mortgagor, by ich the default must be cured; and (d) that failure to cure the default
on or before th date specified in the notice may result in acceleration of the sums
secured by this ecurity Instrument and sale of the Property. The notice shall further
inform Mortgag r of the right to reinstate after acceleration and the right to bring a
court action to ssert the non-existence of a default or any other defense of Mortgagor
to acceleration a d sale. If the default is not cured on or before the date specified in the
notice, Mortgag e at its option may require immediate payment in full of all sums
secured by this ecurity Instrument without further demand and may invoke the power
of sale and any her remedies permitted by Applicable Law. Mortgagee shall be entitled
to collect all ex enses incurred in pursuing the remedies provided in this Section 19,
including, but n t limited to, reasonable attorneys I fees and costs of title evidence.
If Mortga e invokes the power of sale, Mortgagee shall give notice of intent to
foreclose to Mo gagor and to the person in possession of the Property, if different, in
accordance with Applicable Law. Mortgagee shall give notice of the sale to Mortgagor in
the manner provided in Section 12. Mortgagee shall publish the notice of sale, and the
Property shall be sold in the manner prescribed by Applicable Law. Mortgagee or its
designee may purchase the Property at any sale. The proceeds of the sale shall be
applied in the following order: (a) to all expenses of the sale, including, but not limited
to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and
(c) any excess to the person or persons legally entitled to it.
20. Release. Upon payment of all sums secured by this Security Instrument,
Mortgagee shall release this Security Instrument. Mortgagor shall pay any recordation
costs. Mortgagee may charge Mortgagor a fee for releasing this Security Instrument, but
only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law. .
21. Waivers. Mortgagor releases and waives all rights under and by virtue of the
homestead exemption laws of Wyoming.
22. The covenants herein contained shall bind, and the benefits and advantages
shall inure to, the respective heirs, executors, administrators, successors, and assigns of
the parties hereto. Whenever used, the singular number shall include the plural, the
plural the singular, and the use of any gender shall include all genders.
23. Whenever used herein, the terms "mortgagor" and "mortgagee" include all the
parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations; and the term "Note"
includes all the notes .herein described if more than one.
All rights to the use of this document
reserved by:
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110-1550
Page 12 of 13
BY SIGNING BELOW, MORTGAGOR ACCEPTS AND AGREES TO THE TERMS AND
COVENANTS CONTAINED IN THIS SECURTIY INSTRUMENT AND IN ANY RIDER EXECUTED BY
MORTGAGOR AND RECORDED WITH IT. 000766
~~
IN WITNESS WHEREOF, this document executed the 'l\ day of December,
2007·
~ ~"', t -,.
TRENT PETERSEN
-
STATE OF WYOMING
)
) ss.
COUNTY OF LINCOLN )
y(
The foregoing was acknowledged before my by RANDY THOMPSON, thisL
day of December, 2007.
My commission expires: 0" S,-û9
J.i~, ISMwc
NOTARY PUBLIC
WITNESS my hand and official seal.
STATE OF WYOMING
HEIDI BROWN - NOTARY PUBUO
ate of
Uncaln Wyoming
My Commission Expires August 5, 2009
....-..-
)
) ss.
COUNTY OF LINCOLN )
J1tf:
The foregoing was acknowledged before my by TRENT PETERSEN, this~
day of December, 2007.
WITNESS my hand and official seal.
~, tSu~
NOTARY PUBLIC
My commission expires: Õ - 5,öQ
All rights to the use of this document
reserved by:
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110-1550
HEIDI BROWN· NOTARY PUBUO
County of State of
Uncaln Wyoming
My CommissIon I::.xpires August 5, 9
---
~ ,.
LARSEN PROPERTY
Months:
Principal: 380,000.00
Monthly payment
Final estimated payment
Int. Rate: 7.000 % Years: 30
2,528.15
354,755.97
Date
2/2008
3/2008
4/2008
5/2008
6/2008
7/2008
8/2008
9/2008
10/2008
11/2008
12/2008
2008 Totals
1/2009
2/2009
3/2009
4/2009'
5/2009
6/2009
7/2009
8/2009
9/2009
10/2009
11/2009
12/2009
2009 Totals
1/2010
2/2010
3/2010
4/2010
5/2010
6/2010
7/2010
8/2010
9/2010
10/2010
11/2010
12/2010
2010 Totals
No.
1
2
3
4
5
.6
7·
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
1/2011 36
2/2011 37
3/2011 38
4/2011 39
5/2011 40
6/2011 41
7/2011 42
8/2011 43
Interest
Principal
2,216.67
2,214.85
2,213.02
2,211.18
2,209.33
2,207.48
2,205.60
2,203.72
2,201.83
2,199.93
2,198.01
311. 48
313.30
315.13
316.97
318.82
320.67
322.55
324.43
326.32
328.22
330.14
24,281.62
3,528.03
2,196.09
2,194.15
2,192.20
2,190.24
2,188.27
2,186.29
2,184.29
2,182.29
2,180.27
2,178.24
2,176.20
2,174.15
332.06
334.00
335.95
337.91
339.88
341.86
343.86
345.86
347.88
349.91
351.95
354.00
26,222.68
4,115.12
2,172.08
2,170.00
2, 167 . 92
2,165.81
2,163.70
2,161.57
2,159.44
2,157.29
2,155.12
2,152.95
2,150.76
2,148.56
356.07
358.15
360.23
362.34
364.45
366.58
368.71
370.86
373.03
375.20
377.39
379.59
25,925.20
4,412.60
2,146.34
2,144.11
2,141.87'
2,139.62
2,137.35
2,135.07
2,132.78
2,130.48
381.81
384.04
386.28
388.53
390.80
393.08
395.37
397.67.
Balance
379,688.52
379,375.22
379,060.09
378,743.12
378,424.30
378,103.63
377,781.08
377,456.65
377,130.33
376,802.11
376,471. 97
376,139.91
375,805.91
375,469.96
375,132.05
374,792.17
374,450.31
374,106.45
373,760.59
373,412.71
373,062.80
372,710.85
372,356.85
372,000.78
371,642.63
371,282.40
370,920.06
370,555.61
370,189.03
369,820.32
369,449.46
369,076.43
368,701.23
368,323.84
367,944.25
367,562.44
367,178.40
366,792.12
366,403.59
366,012.79
365,619.71
365,224.34
364,826.67
000767
1
\.
o
~
~
~
~
oooio4
==
><
~
10/2011 45 2,125.82 402.33 364,024.35
11/2011 46 2,123.48 404.67 363,619.68
12/2011 47 2,121.11 407.04 363,212.64
2011 Totals 25,606.19 4,731.61
1/2012 48 2 , 118 .74 409.41 362,803.23 000768
2/2012 49 2,116.35 411.80 362,391.43
3/2012 50 2,113.95 414.20 361,977.23
4/2012 51 2,111.53 416.62 361,560.61
5/2012 52 2,109.10 419.05 361,141.56
6/2012 53 2,106.66 421.49 360,720.07
7/2012 54 2,104.20 423.95 360,296.12
8/2012 55 2,101.73 426.42 359,869.70
9/2012 56 2,099.24 428.91 359,440.79
10/2012 57 2,096.74 431. 41 359,009.38
11/2012 58 2,094.22 433.93 358,575.45
12/2012 59 2,091.69 436.46 358,138.99
2012 Totals 25,264.15 5,073.65
1/2013 60 2,089.14 439.01 357,699.98
2/2013 61 2,086.58 441. 57 357,258.41
3/2013 62 2,084.01 444.14 356,814.27
4/2013 63 2,081.42 446.73 356,367.54
5/2013 64 2,078.81 449.34 355,918.20
6/2013 65 2,076.19 451.96 355,466.24
7/2013 66 2,073.55 454.60 355,011.64
8/2013 67 2,070.90 457.25 354,554.39
9/2013 68 2,068.23 459.92 354,094.47
10/2013 69 2,065.55 462.60 353,631.87
11/2013 70 2,062.85 465.30 353,166.57
12/2013 71 2,060.14 468.01 352,698.56
2013 Totals 24,897.37 5,440.43
1/2014 72 2,057.41 352,698.56 0.00
2014 Totals 2,057.41 352,698.56
Grand Totals 154,254.62 380,000.00
" .
fXUIßIT ~
. ,
DESCRIPIJ.'ION
FOR
CHRISTINE VAN NOY ROBERTS ESTATE
QO):'-CLAIK DßED - CHAPMAN. TRACT
000769
503
To wib--
Thc¡t J'.Qr~ Qf t.he tm~N~~ of Section 23, T34N,.. Rl19W, within th
Incorporateð limits of the Town of ~Iayn., Lincoln County
Wyoming, being pðrt of those lraatø or record in the Office ot th,
Cler~ of Lincoln County in Book, 152 of Photostatio Records on pig!
52' and 1n book ,a or ~Þoto8tat1ø Retorðs on paqe 94, descr1bea .,
fol1ows~ .
BEGXNNING at a point on the west line of the said NW~NE~ 8000,
03;31W, 100.00 feet from the northwest corner of the said NW~NE'r
found as deacribed in that Cer~ifled Land Corner Recorðatiol
Certificate tl1.d in th. said Office,
thence continuing SOoo-03.3'W, 40.78 feet to an intersection wit)
the east r1ght~of-way ~ine Of U.S. Highway 891
thence southerly, 165.~1 teet, alonu th. said eaet ri9ht-ol-WA1
line along the arc of a ciroular CUrve to the right through e
oen~rll angle of ~o-25.Q' with . ~aðiu8 of 1004.96 feet, to .
point,
~henco Qontinuing southerly, 60.~9 feet, aloni the øaið eaat
ri9ht-of-way line alQng the ara of a circular CUrve to the ri~ht
through a central an~l~ of 3°-26.6' with A rodiue of l004.9~
feet, to a point,
thence NS9·-3ß,9IE, 219.59 feet, along an eXisting fence, to a
point, . .
thence NOoo-05.0'W, 226.33 teet, along the east line, in paki, oi
said trQot of record 1n Book 152, to the soothern most southwest
point of that traCt of record in the said Office 1n Book 27. of
Þhotosatic Reoords on page 521
thence continuing Nooa-05~O'W, 30~OO feet, along the jog line of
.aid tract in Book 274,' to ß pointl
thence N091~40.3'W, lZ9.00 feet,' along the south line of saið
trAc~'in Book 274, t~ the oouthoQGt point of th~t trAot of reooið
in the sai~ Office in~ Book 192 of Photostatic Records on page
189,' , 0
thence continuing NB9°~4b.3IW, 150.00 feet, along the south lIne
of 8" 1<3 tract 1n Dook 1.92, to the POI~rl' QF BEGINNING,
encompassing an area of :l.48 acres, more or less.,
I \ "~I
each "point" anð "inter~ection" inark~d by a .5/8" x. 2." .steel
reinforcing rod with A~ 2" aluminum S.urvRap inscribeð tlS~r"veyor
Scherbel, Ltd. Big Piney'Wyo. PLS 5368", . · "
~ , 'I r ' . ' :
t~. base be~rin9 for thls'surver is ~he north 1ino ·of 'th& NE~o ofl
..ic:! s.ot.!on 23. bein9 Se~o~48.3 E ,0 " ,
.. . I
I
all in aocordanoe with the nlnk nr~nnrÞA ~^ ~6 #~'.A j~
&.L_ ^....J.__
(EXHIBIT NO. -ß J
. .-
... .
DEBCRIP1'ION
FOR
504
"
~ '
COMER c. C~APM^N AND BAkaARA CHAPMAN
000770
.
ACCESS EASE1~ENT TO CIlRISTINE VAN NOY JWUERTS £$'11\'1'£ t.I\NDtJ'
I.
\:0 wlb-...
. I
'.
^ atr1p of land sixty (60) feet in width 1n the mi~NE~ of ~eQtion
23, T3(N, Rll9W, within the incorporated limits of th. Town of
t¡'hayne, . Linooln Count:y, Wyo'nin91 with the south l-ine ðe8'~J;ibed AS
follows;,
COMMENCING at a 3/6" x 12ft steel spike on the west 11n~ of the'
8aJ.ð NW~Nt1a, SOO"-03.3'W, 35SJ.OO foot tr·om th..'t}orthwe.t·'~·ot.,et
of the said N~l~NE" . found as described in that Cert1f!ed',')ttand,
Corner Recorðat:1on CerLfical:e filed in ·t.he .aie! Office, 'I' .',
thence N89°-!B.9'E, 60.03 feet to In int~tsection with ~~~ _~.a8~
right-of·way line of U.9. Highway 89, thQ POINT OF .2QINNINO,:
thençe Qootinuing NOgo-38.9'E,. 219.5þ feet to I pOint on the
sout.herly extent10n Of ~he east line 'Of that ~raot of r.cord, in
~be .a1d Office in Book 152 of Photost,äti'c,' Records on p'age 525~ '
, ,.
with the nOrth line of said atrip being 'lengthened 0' shortened ,as
necessary to intersect the said east ri9bt-~f-war line and the
said southerly extentionl , .
each "pointft and "interBêotion" marked with a 5/8" K 24~ steel
reinforcing rod with a 2" aluminum SurvKap inscribed "Surveyor
SohQrbel, Ltd. Big Piney Wyo PLS 536B",
, I
~he bAit bearing for thia burvcy 1s the north line of the NE~ ~ of
aaiC! Section 23, being SS·go"'48.3'£, "', ,
all in accordance with the· plat prepared to be' tiled in the Office
of the Clerk of Lincoln County t1tleð.·CH~XS~I~£ VAN NOY ~OaSftTS
ESTATE PLA11 OF TRACTS WITHIN THE 'N~N~~ SECTION 23 T34N Rl19W
PARTLY WITHIN ~HE INCORPORA~ED LIMITS or THE TOWN OF ~HAYNE
LINCOLN COUtlTY, tfYOMING", dated 29 AuguSt 1989.
/h/! ~ þ};;' £?
~~~ ~. ~~.
'5368 . / ,
9 August. 19~
chape~.e.~e. "~hd8k
,
.,'