HomeMy WebLinkAbout941083
After Recording Return To:
COUNTRYWIDE BANK, FSB
MS SV-79 DOCUMENT PROCESSING
P.O. Box 10423
Van Nuys, CA 91410-0423
Prepared By:
MARIA ELENA NICK
RECEIVED 8/7/2008 at 12:38 PM
RECEIVING # 941083
BOOK: 701 PAGE: 708
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000708
[Space Above This Line For Recording Data)
A7428
[Escrow/Closing #]
00019232751307008
[Doc ID #]
MIN 1001337 - 0 003 085645-7
MORTGAGE
LINE OF CREDIT
THIS MORTGAGE, dated AUGUST 1, 2008 , is between
ROBERT R MEIKLE, AND JAMIE S MEIKLE, HUSBAND AND WIFE
residing at
371 COUNTY ROAD 104, ALPINE, WY 83128-9102 ,
the person or persons signing as "Mortgagor(s)" below and hereinafter referred to as "we," "our," or "us" and
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS") a Delaware corporation, with an address
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. MERS is the "Mortgagee" under this Mortgage and is
acting solely as nominee for
COUNTRYWIDE BANK, FSB
("Lender" or "you") and its successors and assigns,
MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of
MERS, the premises located at:
Î ~
371 COUNTY ROAD 104
Street
(t¡
i
ALPINE
Municipality
WY 83128-9102 (the "Premises").
State Zip
LINCOLN
County
and further described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
".'
t..
J
The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and
interests which derive from our ownership, use or possession of the Premises and all appurtenances thereto.
WE UNDERSTAND and agree that MERS is a separate corporation acting solely as nominee for Lender and
Lender's successors and assigns, and holds only legal title to the interests granted by us in this Mortgage, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to. the right to foreclose and sell the Property, and to take
any action required of Lender including. but not limited to, releasing or canceling this Mortgage.
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DOC ID #:
LOAN: The Mortgage will secure your loan to us in the principal amount of $ 77 , 500 . 00
as may be advanced and readvanced from time to time to
ROBERT R. MEIKLE
JAMIE S. MEIKLE
0001923275130700B
or so much thereof
,
, and
the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated
AUGUST 1, 200 B , plus interest and costs, late charges and all othercharges related to the loan, all of which
sums are repayable according to the Note. This Mortgage will also secure the performance of all of the promises and
agreements made by us and each Borrower and Co-Signer in the Note, all of our promises and agreements in this
Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Note, and any amounts
advanced by you under the terms of the section of this Mortgage entitled "Our Authority To You." Loans under the Note
may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit
Limit set forth in the Note.
OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you.
OUR IMPORTANT OBLIGATIONS:
(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises
when they become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay
these taxes and charges. We will provide you with proof of payment upon request.
(b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make
major changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises
without first getting your consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium
or a planned unit development, we· shall perform all of our obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned
unit development and constituent documents.
(c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and
any other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable
approval. The policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon
your request the policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss-payee" so
that you will receive payment on all insurance claims, to the extent of your interest under this Mortgage, before we do,
The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation
or reduction in coverage, for any reason. Upon request, we shall deliver the policies, certificates or other evidence of
insurance to you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a
proof of loss with the insurer. You may file a proof of loss on our behalf if we fail or refuse to do so. You may also sign
our name to any check, draft or other order for the payment of insurance proceeds in the event of loss or damage to the
Premises. If you receive payment of a claim, you will have the right to choose to use the money either to repair the
Premises or to reduce the amount owing on the Note. '
(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct :Jr
consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in
lieu of condemnation, all of which shall be paid to you, subject to the terms of any Prior Mortgage.
(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing
whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises.
It is agreed that the Lender shall be subrogated to the claims and liens of all parties whose claims or liens are discharged
or paid with the proceeds of the Agreement secured hereby.
(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if you
choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums
owing on the Note, on which you ~ill charge interest at the interest rate set forth in the Note. If, for example, we fail to
honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises
in good condition and repair or to perform any of our other agreements with you, you may, if you choose, advance any
sums to satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the
Note. This Mortgage secures all such advances. Your payments on our behalf will not cure our failure to perform our
promises in this Mortgage. Any replacement insurance that you obtain to cover loss or damages to the Premises may be
limited to the amount owing on the Note plus the amount of any Prior Mortgages,
(g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and
subordinate to a prior mortgage dated and given by \IS to
as mortgagee, in the original amount of $ (the "Prior Mortgage"). We shall not increase, amend or
modify the Prior Mortgage without your prior written consent and shall upon receipt of any written notice from the holder
of the Prior Mortgage promptly deliver a copy of such notice to you. We shall pay and perform all of our obligations
under the Prior Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the
Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,
or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to
normal residential uses and to maintenance of the Premises. As used in this paragraph, "Hazardous Substances" are those
substances defined as toxic or hazardous substances 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. As used in this paragraph, "Environmental Law" means
MERS HELOC Mortgage-WY
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000710
DOC ID #: 00019232751307008
federal laws and laws of the jurisdiction where the Premises are located that relate to health, safety or environmental
protection.
(i) SALE OF PREMISES: We will not sell, transfer ownership of. mortgage or otherwise dispose of our interest in
the Premises. in whole or in part, or permit any other lien or claim against the Premises without your prior written
consent.
0) INSPECTION: We will permit you to inspect the Premises at any reasonable time.
NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by you without releasing us or the
Premises. You may add or release any person or property obligated under the Note and this Mortgage without losing your
rights in the Premises.
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if required
by applicable law. if any event or condition of default as described in the Note occurs, you may foreclose upon this
Mortgage. This means that you may arrange for the Premises to be sold by advertisement and sale or by judicial
foreclosure, at your option, as provided by law, in order to payoff what we owe on the Note and under this Mortgage. If
the money you receive from the sale is not enough to payoff what we owe you, we will still owe you the difference which
you may seek to collect from us in accordance with applicable law. In addition, you may, in accordance with applicable
law, (i) enter on and take possession of the Premises; (ii) collect the rental payments, including over-due rental payments,
directly from tenants after simply notifying them first class mail to make rental payments to you; (iii) manage the
Premises; and (iv) sign, cancel and change leases. We agree that the interest rate set forth in the Note will continue before
and after a default, entry of ajudgment and foreclosure. In addition, you shall be entitled to collect all reasonable fees and
costs actually incurred by you in proceeding to foreclosure, including, but not limited to, reasonable attorneys fees and
costs of documentary evidence, abstracts and title reports. '\
ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rents of the
Premises. You or a receiver appointed by the courts shall be entitled to enter upon, take possession of and manage the
Premises and collect the rents of the Premises including those past due after simply notifying them by first class mail to
make rental payments to you.
WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to
enforce this Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale and homestead exemption.
BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until
the Note has been paid in full and your obligation to make further advances under the Note has been terminated, the
provisions of this Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the
Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign it. Upon payment in
full of all amounts owing to you under the Note and this Mortgage, and provided any obligation to make further advances
under the Note has terminated, this Mortgage and your rights in the Premises shall end.
NOTICE: Except for any notice required under applicable law to be given in another manner, (a) any notice to us
provided for in this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail
addressed to us at the last address appearing in your records or at such other address as we may designate by notice to you
as provided herein, and (b) any notice to you shall be given by certified mail, return receipt requested, to your address at
For MERS:
P.O. Box 2026, Flint, MI 48501-2026
For Lender:
1199 North Fairfax St. Ste.500, Alexandria, VA 22314
or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed
to have been given to us or you when given in the manner designated herein.
RELEASE: Upon payment of all sums secured by this Mortgage and provided your obligation to make further advanc()s
under the Note has terminated, you shall discharge this Mortgage without charge to us, except that we shall pay any fees
for recording of a satisfaction of this Mortgage.
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(:00711
DOC ID #: 00019232751307008
GENERAL: You can waive or delay enforcing any of your rights under this Mortgage without losing them. Any waiver
by you of any provisions of this Mortgage will not be a waiver of that or any other provision on any other occasion.
Mortgagor:
Mortgagor:
State of _1/0 ~"\' \ l ~~
County of _( À'L.leð \ \.A.-
~mmf-a1'.rl~~~me 0Q~~~:~~ ~ I S.(~
(Se
, NA CY J. BROWN - NOTARY PUBLIC
COUNTY OF ., STATE OF
LINCOLN WYOMING
MY COMMISSIQN EXPIRES ~l25/2D D
(Signature of notali' a ffic
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Title (and Rank) ~
My commission expires:
o fi5J2.0, lJ
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Prepared by: MARIA ELENA NICK
COUNTRYWIDE BANK, FSB
(:00712
DATE: 08/01/2008
CASE #:
DOC 10 #: 00019232751307008
BORROWER: ROBERT R. MEIKLE
PROPERTY ADDRESS: 371 COUNTY
ALPINE, WY
Office #: 0000263
1481 EAST 5600 SOUTH STE A
OGDEN, UT 84403
Phone: (801) 479-1244
Office Fax No.: (801) 479-1294
ROAD 104
83128-9102
LEGAL DESCRIPTION EXHIBIT A
FHA/VAlCONV
Legal Description Exhibit A
2C404-XX (04/03)(d)
*23991*
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Exhibit "A"
00071.3
That part of the SE% of Section 9, T36N R119W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in
Book 537 of Photostatic Records on pages 663, described as follows:
BEGINNING at a point on the east line of said tract, N 10°14'10" W, 571.22 feet
from the southeast corner of said Section 9;
thence N 77°35'15" W, 473.71 feet, to a position on a west line of said tract, a
fifty (50) foot easterly offset line to the right (easterly) bank of the Salt
River; .
thence N 34°14'35" E, 294.65 feet, along said west line and said easterly offset
line, to the northwest position of said tract;
thence N 89°19'10" E, 392.78 feet, along the north line of said tract, to the
northeast point of said tract;
thence S 15°19'25" W, 362.96 feet, along an east line of said tract, to the POINT
OF BEGINNING.
That the above described "fifty (50) foot easterly offset line to the right (easterly)
bank of the Salt River" is an indefinite line intended to follow the
meanders/fluctuations of said easterly bank; the above courses of said offset line
are approximations only for the purpose of determining approximate acreage and
do not, nor are they intended to, establish a fixed boundary;
TOGETHER with a right of ingress and egress and utilities over, under and
across a sixty (60) foot strip of land with the centerline described as follows:
COMMENCING at the intersection of the south line of the McNeel Power Plant
County Road No. 12-104 with the east line of said SE%, S 00°04'42" W, 297.22
feet from the northeast corner of said SE%;
thence N 89°23'04" W, 30.00 feet to the SPIKE OF BEGINNING;
thence S 00°04'42" W, 155.50 feet to a spike at the beginning of a circular curve
to the right;
thence southwesterly, 226.86 feet, along the arc of said curve through a central
angle of 24°46'40" with a radius of 524.58 feet and a chord bearing S
12°28'02" W, 225.09 feet, to a spike at the beginning of a circular curve to
the left;
1
00071.4
thence southwesterly, 184.21 feet, along the arc of said curve through a central
angle of 36°19'42" with a radius of 290.53 feet and a chord bearing S
06° 41 '31" W, 181.14 feet, to a spike at the end of said curve;
thence S 11 °28'20" E, 136.13 feet to a spike;
thence S 06°48'29" E, 141.12 feet to a spike;
thence S 17°08'04" W, 166.27 feet to a spike;
thence S 32°53'15" W, 157.21 feet to a spike;
thence S 29°44'35" W, 174.78 feet to a spike;
thence S 23°43'00" W, 166.89 feet to a spike;
thence S 34°14'36" W, 36.78 feet to a spike on the north line of the above
described tract;
RESERVING unto the Grantors, their heirs, successors and assigns a perpetual
right of ingress and egress and utilities over, under and across the west forty (40)
feet of the above described tract;
SUBJECT to a right of ingress, egress and utilities over, under and across the
easterly thirty (30) feet of the above described tract;
the BASE BEARING for this survey is the east line of the SEX of Section 9,
T36N R119W, being N 00°04'42" E;
each "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL L TO AFTON WY PLS 5368", with
appropriate details;
each "position" is a calculated position with no monument set or found;
each "spike" marked by a 3/8" x 12" steel spike referenced by one (1) or two (2)
5/8" x 24" steel reinforcing rods(s) with 2" aluminum cap inscribed, "SURVEYOR
SCHERBEL L TO AFTON WY PLS 5368", with appropriate details;
all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY
DESCRIPTIONS FOR ROBERT RILEY MEIKLE AND JAMIE S. MEIKLE, AS
CUSTODIANS FOR TASSIE SUE MEIKLE WITHIN THE SEX SECTION 9 T36N
R119W LINCOLN COUNTY, WYOMING", dated 17 December 2003, as revised.
2