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Home My WebLink About943316 00 0001.79 MORTGAGE THIS MORTGAGE is made this 30TH ROY 11 PENF:tELD, A SINGLE PBRSON dayofOCTOÐBR. 2008 , between the Mortgagor, (herein "Borrower"), and the Mortgagee, WDLLS PARGO BANK, N.A. ~ingunderthelawsof'rHB UNITED S~~~ES '.0. BOX 11701, NEWARK, NJ 071014101 , a corporation organi:red and , whose address is (herein "Lender"). WHERl1AS, Borrower is indebted to Lender in the principal sum of U.S. $ ********U\\II'6, B50. 00 . ' which indebtedness is evidenced by Borrower's note dated OC'1'OBBR 30, 20013 and extensions and renewals thereof (herein "Note"), providing for momhly Installments of principal and interest, with the balance of Indebtedness, ü not sooner pald, due. and payable on NOVEMI'!KK 01, 2016 TO SBCUlŒ to Lender tho repayment of the Indebtedness evidenced by the Note. with interest thereon¡ the payment of all otl1er sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and a¡reements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in the County of LiNCOLN State of Wyoming: LOT 12 OF SLOCK 37 or THE FiRST ~DiTION TO THE TOWN OF KEMMERER, LINCOllN CO'ON'l'Y, WYO)!XNG AS DESCRIBED ON THE OFFICIAL PLAT THEREOF which has the address of GOl KNBRALD ST UMMBMR [City], Wyoming 83101 [SlrCCt] , [ZIp Code] (herein "Property Address"); TOGETHER with all the Jmpmvemen¡s now or hereafter erected on the proper¡y, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of tha property covered by this Mortgage: and all of the fOrt~Oin¡¡, to¡ether with said property (or the Icøsehold estate if this Mortgage is on a leasehold) are hereinafter referred to øs the "Property." Borrower covenants that Borrower Is lawfully seised of the estate hereby conveyed and høs the right to mongage, grant and convey the Property, and that the Property is ~encumbered, except for encumbrances of record. Borrower covenants that Borrowe( Wllrrants and will defend generally the tide to the ProPet'!Y against all claims and demands, subject to encumbrances of record. UNIPORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prindpal i\nd Interest. Borrower shall promptly pay when due the principal and interest Indebtedness evIdenced by the Note and late chnr¡¡es as provided In the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lt:nder, BQlTOwer shall pay to Lender on the day monthly payments of prinCipal and intereBt are payable under the Note, until the Note Is paid in full, a sum (herein ·Punds") equal to one·twelfth of the yenrly taxes and assessments (including condominium and planned unit development assessments, If any) which may attain priority over this Mortgage and ¡round rents on the Property, if an~, plus ~p1 MO~8·i1'·WY Wolter' Ktuwtl f:1"'l'Icl;1 ServlCII NMFL SB51 IWY2.MI Rev 8/2008 f/¿fZ 1/80 VM~761WY1I06031.0' Irotl.It, ~ P'4l.10/4 RECEIVED 10/30/2008 at 4:18 PM RECEIVING # 943316 BOOK: 708 PAGE: 179 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY one-twelfth of yearly premium Installments for hazard inSllmlce, plus one-twelfth of yearly premium installments for mortgage insurance, If any, all as rea50nably estimated initially and from time to time by Lender on the basis of as5elisments and bills and reasonable estJrnates thereof. Borrower shall not be obligated to make such paymenU of F~ds to Lender to the extent that COû1.80 Borrower makes such pa.yments to the holder of a prior mortgage or deed of trust ü such holder is an institutiona1lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are inSllred or guaranteed by a federal or state agcncy (Including Lender ü Lender is such an hutitmion). Lender shall apply the Funds to pay said taxc4, assessmentS, Insurance premiums and pound rents. LI.."Dder may not cha1'ge for so holding and applyins: the P~d6, malyzing said account or verifying and COtnpihng said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a clulrge. Borrower and Lender may agree in writlng at the time of execution of tIrls Mortgage that interest on the Flll)(ls shill be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required 10 pay Borrower any interest or eaIIlÌIlgs on the Funds. Lender 6hall give to Borrower, without charge, an lU1I1uaI a=ting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was 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 mont1ùy installmen!3 of Funds payablc prior to the due dates of taxes, IIBsemnents, insurance premiums and gro~d rents, shall exceed the amount required to pay said taxes, as6eiSmcnts, insurance premiums md ground renrs as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly Installments of Funds. If the amount of the Funds held by Lender shall not be IlUfficient to pay taxes, asseasments, IDIIUrance premiums and ground rent6 as they faJI due, 13orrower shall pay to Lender any aroount neces6ary to InIIke \If the defwiency In one or morc payments as Lender may require. Upon payment In full of al swns secured by this Mort¡a¡¡e, Lender shall promptly refund to BOrrower any Funds held by Lender. If under paragraph 17 hereof the Properry is sold or thc P~erty is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acqwsitlon by Lender, any Funds held by Lender at the time of applicadon as a credit a¡¡ainst the sums secured by this Mortga~e. 3. Application or Payments. Unle66 applicable law provides otherwise, all payments received by Lender ~der the Note and parn¡raph8 1 and 2 hereof shall be applied by Lel1der fIrst In payment of amounts payable to Lender by Borrower under paragraph 2 hcreof, then to interest payable on the Note, and then to the principal of thc Note. 4. Prior Mortgages and Deeds of Trust! Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trUst or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower 6hall payor cause to be })aid ail taxes, assessments and other charges. fines and Impositions attributable to tJ,e Property which may attain a priority over tlùs Mortgage, and I~sehold payments Or ground renlS, if any. S. Hazard IDsurance. Borrower shall keep the improvements now exi6ting or hereafter erected on the Property Insured again6t 1065 by fire, hazards included within the term "extended coverage," and such other hazards lIB Lender may reql,lire and jn such amounts md 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 \IJ11'easonably withheld. All insurance policies and renewals thereof &hall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptàble to Lertder. Ltnder shall have the right to hold the policies and renewals thereof, subject to the tetIDS of any mortgage, deed of trust or other 6ccurity agreement with a lien which has priority over thl6 Mortgage. In the event of 1056, Borrower shlúr give prompt notice to the insurance carrier md Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, Or if Borrower falls to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the ÏD/¡urlUlce proceeds at Lender's option either ro restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property¡ Leaseholdli¡ Condomlniums¡ Planned Unit Developments. Borrower shall keep the Property In good repair and shall not commit waste or pemlit impairment or deterioration of the Property and shall comply with the provisions of ~y le$Se if this Mortgage Is on a leasehold. If this Mortgage is on a unit In a condominium or a planned unit development, Borrower shall perform all of Borrower' 6 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 constlwent document:!. 7. Protection of Lender's SecurIty, If Borrower fails to perform the covenants and agreements contained in this Mortgage; or I~ any action o~ proceeding is commenced which materially affects Ler¡det's interest in the Property, then Lender, at Lender 6 option, upon notice to Borrower, may make such appearances, disburse 6uch IlUms, Including reasonable attorneys' fees, and take such action as is necessary to protect Lender's Interest. If Lender required mortgage insurance as a condition of makIn~ the loan secured by this Mortgage, Borrower Shall pay the premiums requilW to mahUaln s\lcb insurance In effect until such time as the requirement for such insurance temùnates in accordance with Borrower'6 and Lender's written agreement or applicable law. Any amo~ts disbUIlled by Lender pursuant to thi6 paragraph 7, with interest thereon, at the Note rate shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other te~ of payment 6uch amounts shall be payable upon notice from Lendcr to Borrower reque!i~ payment thereof. Nothing contained In ~ paragraph 7 shall require Lender to incur any expense or take any aCtion bereunder. 8. In6pection. Lender may make or cause to be made reasonable entries upon md Inspections of the Property, provided that Lender shall give Borrower notice prIor to any such Inspection specifying reasonable cause therefor related to Lender's interest In the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnaûon, are hereby assigned and shall be paid to Lender, subject to lhtl terms of any mortgage. deed of ttIlSr or other security agreement with a lien which has priority over this Mortgage. 10. Borrower NQt Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortlza¡jòn of the sums secured by thl6 Mortgage granted by Lender to any 6UCCe!i60r in interest of Borrower shall not operate 10 release, in any manner, the liability of the original Borrower md Borrower's successOrs in imerest. Lender sbaHl10t be required to commence proceedings against such successor or refuse to extend time fOf ~a.yment or otherwi6e modify amortization of the sums secured by this Mortgage by reason of any demand made by the origmaI Borrower and Borrower's successors In interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applIcable law, shall not be a waiver of or preclude the exercise of any such right or remedy. =niMortS_WV Wollel' tttu.....et 'Inltu~.1 Servlcel IIØ- 1/10 MP781WV110S03J.01 Il\idlllr Þpg. 2 of ... 11. Successors IInd Assigns BOUJId¡ Joint and Several Liability; Co-liÏ8Der6. 1M covenants and agreel11el1ts hCt'ein contained sbal! bind, and the rights hereunder shall inure to, the respective successors and 88signs of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be Joint and several. Any Borrower who co-sisns this Mortga¡e. but does not execulC the Note, (a) is co-signing this Mortgage only to mortga¡¡e, grant aM convey that Borrower's Interest in the Property to Lender under the terms of this Mortgage, (b) Is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder mAY Rgree to extend, modify, ûOû1.81. forbear, or make any other accommodations with regard to the terms of this Mortgage or tbe Note without that Borrower's coment and wilhout releasing that Borrower or modifying this Mortgage as to tbat Borrower's intere.~t in the Propeny. 12. Notice. Except for any notice required under applicable law to be given In another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mall addressed to Borrower at the PropertY MdreS! or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified nUIll to Lender's address stated herein or to such other address as Lender may designate by notice to lIorrower as provided herein. A1:J.y notice provided for in this Mortgage shall be deemed to have been ¡iven to Borrower or Lender when given In the manner designated herein. 13. Governing Lnw; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in wÞ\Ch the Property is located. The foregoing sentence shall nOl limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflIcts with applicable law, such conflict shal! not affect other provisions of !his Mortgage or the Note which can be given effect mthout the conflicting provision, and to this end the provisions of ¡his Mortgage and the Note are declaml to be severable. As used herein, "CDsts," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and Df this Mortgage at the time of execution or aftcr recordation hereof. , 15, Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, 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 tonu acceptable to Lender, an assignment of any rights. claims or defenses which BorrowCt nuy have against parties who supply labor, materials Or services in connection with Improvements made to the Property, 16. Transfer of the Property or a Beneficial Interest In Borrower, If all or any part of the J'roperty or any interest in it is sold or transferred (or If a beneficial Interest in Borrower is sold or transferred and Borrower is not a IUltura! person) mthout Lender's prior written consent, Lender may, at its option, require Immediate payment in full of all sums secured by this Mortgage. HowevCt, this option shal! not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shaH give BorrowCt notice of acceleration. The notice shall provide a period of not l~s than 30 days from the date the nO lice Is delivered or mailed within which Borrower mnst pay all sums secured by this Mortgage. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided In paragraph 16 hereof, upon Borrower's breach of any covewmt or ngreement of Borrower In this Mortgage, Including the covenants to P¡¡Y when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (Z) the IICtiOU required to çmoe such breach; (3) a date, not less than 10 days from the date the notice Is maIled to Borrower, by which such breach must be cured¡ and (4) toot failure to cure such breach on or before the date specified In the notice may result in acceleration of the SIlDIII sKured by this Mortgage. The notice 5hall further Inform Borrower of the right to reJnstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to neceleration and sale. If the breach Is not cured On or before the date specified in the notice, Lender, at Lender's optiOn, may declare nil of the sums secured by this Mortgage to be Immediately due and payable without further demand and may Invoke the power of sale and nny other remedies pennitted by applicable law. Lender shall be entitled to collect all reasonable costs and expensl'$ incurred In pursuing the remedie¡¡ provided in tms paragraph 17, including, but not Ibnited to, rensonable attorneys' fees. If Lender Invokes the power of sale, Lender sball give notice of Intcnt to foreclose to Borrower and to the person In possession of the Property, if different, in accordance with applicable law. Lender shall mall a copy or a notice of tho sale to Borrower In the manner provided In paragraph 12 hereof. Lender shall publish the notlee of sale and the Property shall be sold In the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shllU be applied in the following orderl (a) to all reasonable costs and expenses of the sale, Includlnl1, but DOt Umlted to, reasonable attorneys' fees and costs of title evidence: (b) to an sums secIn'ed by tlú$ Mortgage; and (c) the excess, If any, to the penon or persoDS legal!y entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acœieration of tbe sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (Ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender In enforcing th/l covmants and asreements of Borrower contained in this Mortgage. and In enforcing Lender's remedies 88 provided In paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender mAY reasonably require to assure that the lien of this Mortgage, Lender's Interest in the Property and Borrower's obligation to pay Ihe sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. e-J:1 MOtIQlge·WV Wah". Kluwtr ~lnt"CJaI SilVio.. ~ 1/80 MP16IWYJ (08031,01 1t'llllaI.~ PAGe :I !!If 4 19, A55igDIP~t ot Rents; Appointment ot Receiver; Lender in Possession. AI additional security hereunder, Borrower hereby assigns to Lender the rents of the PropertY. provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property I have the right to collect and retain such rents I$ they bcCOrt1c due and payable. Upon IIcce1eration under paragraph 17 hereof Or abandonment of the Properry, and at any time prior to the expiration of any period of redemption following judicial sale, Lender I In person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Propeny including those past due. All rent! collected by Lender at the receiver shall be applied flI1t to payment of the costs of lW1S.gement of the Property and collection of rents, including. bur not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgagc. Lender and the receiver shall be liable to Rccount only for those rents actually received. 20. Release. Upon ps.yment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right ofhomestcad exemption In the Property. 000:182 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trUSt or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default Wlder the Buperior encumbrance and of any sale or other foreclosllre action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. R~~ (Seal) -Borrower (Sèa1) -Bottower (Seal) -Borrower (Seal) -Borrower (Seal) -Sorrow... (Seal) -Borrower (Seal) -BortOwðJ' (Seal) -Borrower (Sign Original Only) STATEOFWYOMING l...l~ Countyss: This Instr\lment was acknowledged before me on OCTOBIm. 30, 200 B by ROY t.. pDt1'IELD, A SINGLE PERSON My Comnússion Expires: ~ q2j:)ID \\\\\\\IIWllI!/1. ,_\\ .'" 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