The URL can be used to link to this page

Home My WebLink About936202 ~.7elWYll8'121.0' Pog. 1014 VMP MOATGAGII'OAMS. 1800'&21-728' Form 3851 INU'þ& 00 RECEIVED 1/11/2008 at 4:07 PM RECEIVING # 936202 BOOK: 683 PAGE: 701 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I MORTGAGE I 000701. TInS MORTGAGE Is made this HTE JOmmA J NBWKLL, A KllRRXBD ÞImSON ,,*y of JAN11ARY ,2008 . betWeal the Mortgagor, WELLS :FARGO BANK, N.A. (herein "Borrower"), and the Mort¡a¡ee, existing under the laws ofT!IB W:i:'l'BD S1'A'l'BS P.o. BOX ~~70~, NEWARK, Nù 0710~4701 , a COlpora1lon or¡anized and , whoso address is (herein "J..endtt"). WHEREAS. Borrower ~ indebted to Ltndtt in the principal gum of U.S. $ **"'**.*****1,919.00 . which inò~, is O'Vi~ by Borrower's nott daœd JAlWARY H, 2008 and extensions and renewals thereof (herein "Note"), proviCliDg for monthly ÏDstallmeJ1ts of principal and interest. with the balsncc of Indebtedness, if not sooner paid, due and payable on FEBRUARY 01, 2016 : TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with intere&t thereon; the payment of all other sums, with imtteSt thtreon. advanced in accordance herewith to protcct the security of this Mortgage; and the performance of tho covenants and a¡rccmo.nts of Borrower herein contained, Borrower doc.s hereby mort¡a¡e, ¡,:rant snd Convey to Lender, with power of sale, the following described property looated in the County ofLmcOLN , State of Wyoming: LOT 9 OF BLIJCX 37 OP PIRST A:oDITION TO THE TOWN OF lŒIßŒRBR, LIHCOLN CO'ON'n', WYOKIHGI AS I;1BIi'CRIBBD ON TKB OW:¡;CIAL PLAT THBRBOF which has the address of 613 i:DR~ STRUT ($-11 Wyoming 83101 (herein "Property A~dresa"); [ZIP Code) TooETHER with aU tñe improvements now or hereafter erected on the propeny, and all C8.$emtO.ts, rights, appurtenances and rents, all of whicb. 8ha1l be deemed to be and mœin a part of the property cove¡ed by this MOI1£age; and aU of the foregoing. together with said property (or the leasehold estate if !his Mortgage is on a leasehold) arc hereinafter refemd to ill the ·Property." Borrow~ covenants that Borrowct is lawfully solsed of the estate hereby conveyed and has the right to rnort¡age, grant and convey the Property, and that the Property Is UI1eI1C\In1bered, except for encwnbtallCe$ of œcord. Borrower covcnanq that Borrower warrantS ancl will defend generally rhe title to the Propcrr.y against aU claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covmant and agrœ as follows: 1. PaymélJt of Principal and Inta-est. Borrower shaU promptly pay when due tho principal and interett indebtedness evidenced by !he Note and late charges as provided in the Noæ. 2. Fuuds for Taxes and :Ins\1ra.Qce. Sl.1bJect to ø.ppliCaI)le law or a written waiver by LMder. Borrower shall pay to Lender on the day monthly payments ofprlncipal and inrete$t are payable under the Note, until the Note ispald In full, a sum (herein "Funds") equal 10 one-twelfth of the yeatly tMeø and îl6SCSsmcnts (InclUdiDg condominium and planned unit development asmflnents, if any) which may attain priority over this Mortgage and ¡round renq 011 the Property, if any, plus one-tweJfth of yearly premium installments for hazard insuranc:o, plus one-twelfth of yearly premium inBtal1me:llq for mortgage insurance, if any, aU 8$ ~onably estimated Initially and 1Tom time 10 thue by Lender on the basis of asSe5sments and bills and reasonable c:st1mates thereof. Borrower shall not be obligated to make such pa.yméDts of Funds 10 IAuder to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of truBt if such holder is an Inslitu1iona11end.er. . X:&:MM:B1Ui:R tCltyJ WYOMING - SIiCOND MORTGAGe - 1/80. PNMAII'HLMC UNIFORM INSTRUMENT If BOlTOwer pays Funds to Lender, the Funds &hall be held in an in:stitution the deposita or accounts of which are insured or guaranteed by a federal or state a¡ency (Im:luding Lender if Lender is such an inrtitution). Lender shall apply the Funds to pay said tMes, 8SSC8SIIICI1tS, jnsurance prcmiUl11$ and ¡round rents. Lc:oder may not charge fot $0 holding and applying the Funds, analyzing said account or verifying aucI compiling said 8$seumentB and bUls, unless Lender pays Borrower iI1te.rest on the Funds and applicable law permitS Lender to make such a charge. Borrower and ~der ma.y agree In. writing at the time of execution of this Mongage that interest on the Funds shall be paid to Borrower, and unless &uch agreement is made or applicable law requires such interest to be paicl. Lalder shall not be required to pay BOlTower any !merest or eamlD&s on the Funds. Lender shaIl ¡ive to Borrower, without charge. ~ annual =unriø.g of the Funds showiQ¡ c~d.its and debita to the Funds and tb.e purpose for which each debit to the FundS wu made. The Funds are pledged as additional security for the sums secured by this Mortgage. ' If the amount of the Funds held by Lender, together with the future montbly iIlstallments of Funds payable priot to the due dates of W\es, USCBSIIlCDts, insurance premiums and ¡round rents, shall exceed tha 8tI1Ount required to pay said taxes, assessme.u.ts, Insurance premiums and ground reaxts. as they fall c1\I.e. such IIJtcess shall be, at Borrower's option, either promptly repaid to Borrower or ctedited to Borrower on monthly installments of Funds. If tbc amount of the Punð8 hcId by Lender shall not be suft1cient to pay tMes, asscssmeøta. ißllurance prewi\1Xßll and ground re.uu as they fall due. Borrower shall pay to Lender any amount necessary to make up the deficiency It1 one or more pay=s &$ Lender may require. 000t'"'102 Upon payme¡;¡t It1 full of all SlImS secured by this Mon¡age, Lender shall promptly refllncJ to Borrower 8X!.Y f'uud8 hcId by . , Lender. If under paragraph 17 Þereoftho Property is lold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or iU acquisition by Lel!ðe¡-, any Fund& held by Lender at the time of application as a credit against the &Um$ secured by this Mort;a¡e. 3. Applicat10n of PaymeQts. UnlCBS applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first In payment of amounts payable to Lender by Bonower under parapaph 2 hereof, th~ to !merest payable on the NOf8, and then to the principal of the Note. 4. Prior Mortgages and Dee41 of Trust; Cbarecs¡ Liens. Borrower 5ha11 peñonn all of Borrower's obligations under any mortgage, deed of ttust or other security agreement with a lien which has priority over this Mortgage, It1cludJng Doxrower's coVenants to make paytne11u when due. BOrrOwer shall payor cause to be paid aU taxes, uscssme.rJ.ta and other charget, ftnes and impositions attributable to the Property which may main a priority over tbis Mon¡a¡e, and leasehold pay.mcntS 01" ¡round renUi, if any. S. Hazard wUl'IDce. Borrower shall keep the improvemenu now existing or hereafter erected on the Propeny In$~ against loss by fire, hazards incJuded within the temI "IIJttended coverago, . and such other hazards aa Lender may require and In such amounta and for such periods as Lender may require. . The Insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably Withheld. All ~ policies and. renewals thereOf shall be It1 a fonn acceptable to Lender and shall int:lude a standard mort¡åge clause in favor of and in a form acœptable to Lender. Lender shall have the ri¡ht to hold the policies and ~als thereof, subject to the terms of any IÍ1ortgage. deed of trust or other security ~t with a. lien wbich Jw priority over tIùs Mongage. . . In the event ~f loss, Bórrower shall give prompt' notic~ to 'tÌ1~ ~. canler and I..;ender. LeDder may .nake proof of loss if not made prompdy by BOrrower. .' If the Propcny is abandoned by Borrower, or if Borrower fill., to ¡wpo1Íd to LeÏlder within 30 days from the date notice is n»iled by Lender to Borrower that the insurance cartier o~ to settle a claim for ÏIlS\Irance benefits, Leader II authoriÞd to collect and apply the Insurance proceeds at Lender's option either to restorarl.on Or repair of the Property or to the sums secured by thi8 Mort¡age. ',' Ci, Preservation and Maintc:oante of Proptrty¡ LeasèhÓ1ds¡ CondomiDiuws¡ Planned Unit Developments. Borrower shaH keep \he Property in good repair and shall not commit wlite or permit impairment or deterioration of ~ Property and shlll1 comply with the provisious of any lease if thi, Mortgage Is on a leMohold. If th.is Mon¡a¡e is on a unit In a condominium or I planned unit devcI~pment, Borrower shall peñorm IIl1 of Borrower's obligations lIJ!der the declaration or covenants t"oRIating or governing tl1e condominium or planned uøit developmeIlt. the by-laws and re¡u1ations of the condominium OJ: planned unit ddVeiopmeut. and consti~t documents. 7. ProtectiOD of Le.o.der's Security. If Borrower fails to peñonn ·the COVf:J1auu and a¡reemelUs contained In this Mortgage, or if any action or proceeding is co~ced which materiaIly affects Lender's interest in the Property, then LeI1der, it Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, 1nc1\1din& reasonable attorneys' fees, and take such action as II nécessary to proteotl.ender's Interest. If Lender requ!fed mort¡a¡e Insurance as a condition of makiug the loan secured by this Mongage, Borrowe1" shall pay the prenúUIJIB required to maintain such insurance In effect UJ1Ii1 such time as the requirement for such Insurance temûnates in accordance with Borrower's and ~cJer's written ag¡eemcnt or applicable law. ' Ally amounU disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate. shall bccolDD additional indebtedness of Borrower secure(\. by this Mortgage. Unless Borrower and Lender agree to other terma of payment, such amounts shall be payable upon notice from Lender to Borrower requesting paymmt thereof. Nothing contained In this paragraph 7 shall require Lender to incur any expense or take any action hereunder. . 8. lDspèCt.ion. Lender may make or cause to be made reasonable entries upon and inspccnons of the Property, provided that Lender shall give Borrower notice pnor to any such inspection specifyillg reasonable cause therefor related to Lender' 8 intezest In the Property. 9. Condemnation. The proceeds of any aw~ or claim for damages, direct or co¡uequential, In coœectlon with any con4emnat!on or other taking of the Property. or part thereof, or for conveyance in li~ of condemnation. are hereby Wigned and shall be paid to Lender, subject to the terms of any mortgage. deed of UU$t Or Other security agreement with a lien which has priority over this Mongage. 10. Bon'OWU' Not R.eleased; Förbearan~ By Lender Not a Waiver. Exteßllion of the time for payÌnent or modif1cation of amortjzation of the sums secured by this Mongage ¡ranted by LcncIer to any ~cces$or in IntereSt of Borrower sha11l1Ot operate to release, in æ¡y manner. the liability of the orliinal Borrower and Borrower's successors in mterest. Lender shall not be required to COItlß1ellCO proceedings against fUèh. successor or refuse so extend time for payw.ënt or otherwise modify amortization of the swm secured by this Mortgage by reason of any demand made by the original Borrower ønd Borrower's successors In interest. Åtiy forbearance by I.ender In eJterclslt1g any right or remedy hereunder I or otherwise afforded by applicable law, shall not be a waiver of or preclude th~ el\~íse of any S\lch ri¡ht or remedy. ~.76IWV) 1"121.0' ~~ ~... Z .f 4 11. Successors and AæigWi Bound; Joint and Several Liability; Co-signers. The cove:nanrs and agreements hfnin contained shall bind, and the rigl1t$ ~ mall ù)'\I¡\I to, tile rerpeçtive ~_O¡S ~ ...ips of Le.u4« ~ BonoWOl', su1;Jject to the pn>YÌS¡OI1I of pm-graph 16 hmof. All covenants and sgreaoo1ts of BOJ:1'Ower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) Ï8 co-signing this Mottg.ge only to ~gage, ~ and convey that Borrower's Inter~ in the PI:01*ty to Lenðe¡ \1Dder the tenDs of this Mortgage, (b) 15 not pe1'll0n.ally liable on the Note or under this Mortgage, and (c) agrees that Lender and my other BOJ:1'Ower hereunder may ~ to e¡tend, modify, forbear or make any other accommodations with regard to the Icrm$ of tIW Mottgage or the Note Wl.thOl1t that Bonower'. conserd. 8I1d without Ie1eating that BouoWeT OT modifying this Mortgage as to that Borrower's Interest In the Property. 12. Notice. Except for my notice required under applicable law to be ¡ivenln another~, (a~ my notice to Bonower provided for in thù Mortgage shall bel ¡ivCln by dCllivering it or by mailing suœ notice by CCttIfied mail addressed to Bonower at the Froperty Address or at such otllClr address as Borrower may designate by notice to Lender as provided hI\rein, and (b) auy notice to Lender shall bel ;iVCll by certified mall to Lender's aIldress stated herein or to SUCh other acldre$s as Lender may de$ignate by notice to Borrower as provided herein. Arty notice provided for in thi$ Mort¡age shall be deeuJcd to have been ¡;iven to Borrower or Lender when given In the ~ <lesig¡¡ated herein. 13. GoverlÛDl Law; Severability. The state and local laws applicable to this Mort¡.¡e shall be the laws of the jurisdiction in which the Property Is located. The foregoing sentence shall Dot limit the applicability of federal law to this Mortpie. In thel event that any provision or cla1.l.ge of this Mortga¡e or the Note conflictS with applicable law. such conflict shall not affect other provisiOns of this Mort¡¡a¡e or the Note which can be givcn effect wilholtt the conflicting provl5ion, and to this end the provi$'OI1l of this Mortgage and the Note are dt¢1*ted to be severable. As \Ued herein, "l:Osts," "expenses" and "attorneys' fees" include all sums to the extent not ptohibiteC1 by applicable law or l1mited herein. 14. Borrowtf'l Copy. Borrower shall be furnished a conformed copy of the Note and of thb Mortgage lit the time of execution or after xecoIdaûon hereof. . 15. RehabUitatlon Loan Aereement. BOm/wer 5hall fulflll all of Borrower's obligano.ns 1Ul.d.er any home rehabilitation, 000.·....... ~ O:J lmpIoVemem, repair, or other loan agreement which Borrower enters into With Lender. Lender, at Lender's option, may require . Borrower to execute and deliver to Lender, In a form acceptable to Lender. an assignmem of my rigb.U, claims or defenses whicl1 Borrower may havel a¡ainst p8tÛe$ who supply labor, materials or services in colWection with improvements made to the Property . 16. Transfer or the 1'k-operty tlr a Beneficial Interest In Borrower. If all or $I1Y part of the Property or 8I1Y interest in it is sold or UII1ðferred (or if a benefiolal intercat in Borrower is sold or transferred and Borrower Is not a n.aronl pel1on) without Lender's ptior wntten CODSent, Lender may, at Its opuon. ItQM Immediate payment In full of all 5WJIS secured by this Mottgage. However, this option $haIll1ot be exercised by Lènder if exercise is prohibited by federal law as of the date of this MOtlga.ge. If Lender exercises this option, Lender sIÍall give Borrower nöucè of accclttañon. The notice shall provide a period of not less than 30 days ftom tb.e date the notice is delivered' or mailed within which Borrower must pay all aum.s sClCllml by this Mortgage. If Borrower fails to pay these sums prior to the eJ[pif~n o'f this period, Lender may invoke m)"remedles permitted by this Mortgage without furthe( notice or demand on Bouower. . NON-UNIFORM COVBNANTS. Borrower and Lender further CQvewmt and agree as follows: 17. Acceleration; Remedies. Except as prl)vlðed In paragraph 16 hereof, "pon Borrower's breach of any covenant or 8gReII1ent of Bonower In this Mortgage, including the covenants to pay when due ~y suw sec:ured by this ~o, Lender prior to acceleration shall give tlotice to Borrower as proYlded In paraeraph 12 heceof specltying: (1) the breach; (2) the action 'required to cure such breath; (3) a date, n~ less than 10 daY8 from the date the notice is mailed to Borrowet", by whleb such 'breach must be cured; and (4) that railure to cure such breach <m or before the date speâfied in the notAce may result in acceleration of the $Vms secured by this Mortgage. The notice shall further intonu Borrower ot the right to reinstate after acceleration and the. right tl) bring a court action to assert the nonexistence of a default or any other defense of Borrower to acœl.eration and sale. It the breach is not cured on or before the date speclfted in the klOtiCe, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately dne and P818b1e without further demand and may Invoke the power or sale and any other remedies permitted by applicable Jaw. Lender sball be entitled to coUeçt all reasonable costs and expenses Inc:urred in punulng the remedies provided In this p.9).'&araph 17,lncludina, but not limited to, reasonable attorneys' fees. It Leuder Invokes the power or sale, Lender shall give Xlotlce of intent to foredose to Borrower and to the person In possession of the Property, if different, In accordance 'With applicable Jaw. Lender sball mail a copy of a nøtice of the sale to Borrower in the manner provided in paragraph 12 hereor. L8I1ðer shall publish the Dotice of sale and the Proprrty man be sold in the manner prescribed by appUcable law. Lend~ or Lender's desipee may.purchase the l'roperty at any sale. The proceeds of the sale shall be applied In the fOU0WÚ111 order: (a) to all reasonable costs and expeuses of the sale, Including, but not lúnited to, reasonable attorneys' fees and costs of title evidence; (b) to aU sums secured by this Mortgage; and (c) the a:cess, it~, to the peJ:SOIl or per5OlI$leaa1Jy entitled thereto. 18. Bl)n'Ower's Rlebt to RdWitate. Norwith5tandlng Lender's accel.crarlon of the sums secured by this Mongage due to Borrower's breach, Borrower shall have the right to have any proceed.inp be¡un by Lender to enforce this Mortgage discontinued lit any time prior to the earlier to occur of (i) the fifth d¡t.y before sale of the Property purSUlll1t to the power of sale contained In this Mongage or (ii) entry of a jUdgment enforcing this Mortgage if: (a) Borrower pays Lender all sums whil;h would be then due under this Mortgage III1d the Note had no acceleration occurred; (b) Borrower cures all breaches ~f any other covenants or agrcemenu of Borrower contained In this Mortgage; (o) nouower pays all reasonable expenses incurred by Lender in CIlforclng the COVOJ¡ants and agœements of BOm/wet contained in tIIis Mortgage, and In enforcin¡ Lender's remedies as provided In psragraph 17 hereof. inCluding, but not limited to, reasonablCl attorneys' fees; and (d) Borrower takes ~ acûon as Lender may rwonably require to assure Uw the lien of this Mortgage, Lencler'š Interest iu the Property and Borrower's obligation to pay the sums secured by this Mongage Shall continue un1Jnpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations sec;ured hereby shall remain ~ full foree and effect as if no acceleration had occurred. 1!J. Assignment of Rents; Appointmeut of Receiver; Lender in Possession. A$ adcijtiona1 security he.rewul.er, Borrower hereby 8$$igns to Lende¡ tile reDlS òf the PropertY. provided that. .Borrower sba}l; pnor to acceleration under para¡raph 17 hereof or abandonment of the Property. have the right to collect and retain súch rents as they ~ due and payable. ~·'$(WYll8g12.01 Fo~ ().. 1nI"'~ Pogt3014 000704 upon aççeunnon unller paragrapn 11 lIenIOt or alJanUoIlIDCIlt ot tile t'IOpeny. ana II[ an::¡ nme pnor to tile ~traUon or any period of :redemption foIlowin; judicW sale, Lender, in perSOJ). by a¡eø.t Or by judicili1ly appointed =iver, shall be entiùed to enter upon, take possession of and manage the Property IUld to collect. the ren1Ii of the Property Including those past duo. All rents collCC[ed by Lender or the receiver øha1l be applied first to payment of the 00513 of man&gtmeJ1t of the Property and collection of rents. including, but not IImlted to, receiver's fees. ¡')remium$ OJ) receiver's boøds $Dd rwou.able attomeya' fee&, and then 10 the sums ac:cured by this Mortgage. Lender Þd the receiver $hall be liable to ~unt only for those reu.t8 açtUally received. 20. RelBBSe. Upon payment of all SIIm5 secured by this Mort¡3ie, Lender shall release thJs Mortgage without chat&e to Borrower. Borrower shall pay all costs ofm:ordatlon, if any. ZI. Waiver of Bomwcad. Borrower hereby waives all right of homeatead œemption in the Property. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDD. 'SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lendt:{ tequelit the holder of any mortgase, deed of trust or other ~l.I.IUbrance with a lien which has priority over thù Mortgag\:! to give Notice to 1.=dcr, at Lender's address act forth on page one of this Mortg e, of any default under the superior encumbrance and of any sale Or other foreclosure actiOn. IN WITNESS WHBRBOP, Borrower haB oxccutcd this Mortgage. (Seal) .Borrower (Seal) .J!_ (Seal) -80110_ (Seal) -Bonower (SiNn Original Only) $rATE OF WYOMING, U.. Y.{:...¿ "-.J County 511: The foregoing instrument was acknowledged before me this JANtI'.Uy 11, 200 B My Commission Expires: œr~t.q I ~tö by JOSHO~ J mnmLL, A MUlUJW PD.BON.~"Þ ~~~~I~,c:~U$ ~~ , ~~n,~C::J~ Nomi:II';L~Hn~ ~\\\\ ,\\ II If 111111/1. #'" ~"\HE~/JV, í'/~ ~ ~~..~~ ~ ~ r \'101"4.....' ~O~ ~0(' ~-,. ø% - ..... . ..~~ »- --'. 0- ª ~ ~i .-.><~ s ~ ~ IJI. . . :;: ~ os ~ í<.' .....- ~~ ~ ~I. 11tYO~-.I\\ :\# '111111/111 I un'\"" [Space lIðJow Tbb 1Jne lWmed Por Lender and Rtçorder] ~.761WY1 "'IZI.O! I'a9* 4 .1 4 Form 38&1