HomeMy WebLinkAbout946854
WHEN RECORDED MAIL TO:
Cache Valley Bank
Main Offico
101 North Main
P.O. Box J227
Logan. UT 84321
RECEIVED 5/1/2009 at 12:05 PM
RECEIVING # 946854
BOOK: 721 PAGE: 775
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00ó775
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
CONSTRUCTION MORTGAGE
MAXIMUM LIEN, The lien of this Mortgage shaH not exceed at anyone time $375,000,00,
THIS MORTGAGE dated MAY 20. 2009. is made and executed between CHRISTOPHER V, HOWELL and KRISTIN
HOWELL, whose address is 410 EAST 2ND AVENUE. AFTON. WY 83110 (referred to below as "Grantor") and
Cache Valley Bank. whose address is 101 North Main. P.O, Box 3227, Logan, UT 84321 (referred to below as
"Lender") .
GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender all of Gramor's right. title, and interest In and to
the following described real property, together with all existing or subsequently erected Of affixe¡j buildings. improvements and fixtures: all
easements, rights of way. and appurtanances; all water, water rights, watercourses IInd ditcl1 rights (including stock in utilities with ditch or
Irrigation rl~Jhts); and all otl1er rllJlHs, royalties, and prollts relatln~ to the real propenv, Includlrlg without limitation all minerals, 011. gas,
geothermal and similar matters, (the "Real Property") located In LINCOLN County, State of Wyoming:
LOT 58, OF ROCKBRIDGE MEADOWS FIRST ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO, 360-0 FILED JULY 14, 2005 AS INSTRUMENT NO,
909983 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
The Real Property or its address is commonly ¡mown as LOT 58 ROCKBRIDGE MEADOWS,AFTON, WY 83110.
GrDnlor preSfJnlly assigns to Lender all of Grantor's right, title, and interest in and to all present and t"ture leases ot the Property and all Rents
Iron·' the Properly. In addition, Grantor grants to Lender a Uniform Conll11ercial C(lde SeCllrity interest in the Personal Pr<>ptHty and RE<nts.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PA YMENT AND PERFORMANCE. Excopt as 01hcrwisc provided in this Mortgage, Grantor shall pay to lender all amounts secured by this
Mortgage as thoy become due and shall SIJictly perform all of Gral1tor's obligations under Ihis Mortgage.
CONSTRUCTION MORTGAGE. This Mortgage is a "construcnon mortgage" for the purposlJs of Sections 9·334 and 2A-309 or the Unílorm
Commercial Code, as those sections have been adopte<.f by the State of Wyoming.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Granlor agrAH~ Ihat Grunt'''' R pns~F.I~Ri()n amI u~e of !he Prope(1y shall be govarned by
the fOllowing provisions:
Possession and Use. Until the occurrence of an Event of Default. Grantor may (1) remain in possession and control 01 the Property; (21
\.IS,), opel dI,) Of mðnage the Propony. lInd i 3) coll"";1 the nent~ from the Property.
Duty to Maintain. Grantor shall maintain the Property in good Gondition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lander that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manuf,lctura, storage. treatment, disposal, release or threatened rølease of anv Hazardous
Subst"'nc'.\ by ony pBrSon (11). under, about or trnm the Prapl.1r1y; (/) GrAntor hAe no knnwledge nt, or reR"on Tn heliAvP thRf thArP ha~
benn, except as previoLlsly disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmen1al Laws,
(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened relaase of any H/1lardous Substance on, under,
about or from th€ Property by any prior owners or occupants of tho Propertv, or (c) ony actual or threatened litigation or claims of any
kind by any person relating to such maners; and 131 Except as previously disclosed to and acknowledged bv Lender in writing. (a) neither
Grantor nor any tenant. cOntractor, agent or other authorized user of the Property shall use. generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under. about or from the Property; and (b) alllY such activity shall be conducted in compliance
wllh all applicable federal, state, an.cf local laws, regulations and ordinances, including without limitation all Environmenwl Laws. Grantor
authorizes Lender and its agents to entfJr upon the Property trJ make such inspections and tests, at Grantor's expen8e, 118 Lender mav deam
appropnato 10 detnrmllH! compliance of rho Property with this section of the Mortgage. Any Inspections or tests made by l.ender shall be
for Lander's purposes only ami shall not bf! construed to creatl~ any r')sponsibliity or liability on the part of Lender to Grantor or 10 any other
f1(Jr50'" rhe ropre':'f!ntf)tion~ anrl wnrran!ies contained homin Me basod on <3ronlor's due dilìqonce In rnvestiÇJ81inq tho Properly for
Halardous Subs[¡mces. Grantor hereby (11 rolcascs and waives any tuture claim,:, against Lender tor indf.1mnity or contribution in thi]
even! (,ramor t)¡¡comes liaÍ!lfJ lor cletmup or mr"Jr costs under <lny ¡¡IJcl, laws: ¡me! 121 ¡¡gre¡;s to i'l(ll;Ulnlfy. d\1lal\d, IIml hull! harml"ss
L':J[l(jc,r iJgDin¡¡1 I.II\Y al1d all claims, IOSS6S, lial1llitiof;, damages, penaltio.s, and "'-',.penses which l.ender may directly l)r indirectly sustain or
t% ~A<
MORTGAGE
(Col1tinued)
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suffer resulting from a breach of this section of the Mortgage or as a consequanco of any use, generatiol1. manufacture, storage. disposal.
release or threatened release occurTing prior to Grantor's ownership or interest In the Property, whe.her or not Ihe sama was or should
have been known to Grantor, The provisions of this section of the Mortgage, il1cluding the obligation to indemnity and defend. shall survive
the payment of the Indebtedness 8"d the satisfaction and reconvEyance of the lien of this Mortgage and shail not be Elffected by Lender's
acquisition of any interes1 in the Property, whether by foreclosure or otherwise,
Nuisance. Waste, Grantor shall "0\ cause, conduc1 or permit any nuisance nor commit, pormit, or suffer any !:Hripping of or wlIste on or to
the Property or any portion of the Property. Withou1limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party [he right 10 remove, aoy limber, minerals (including oil ànd gasl, coai. clay, scoria. soil, gravel or rock products without Lender's prior
written conse nt.
Removal of ImprOv6ments, Grantor shall not de'nolish or remove any Improvements from the Real Property without Lender's prior written
consent. As e condition 10 the removal of any Improvem¡~nts, Lender may require Grantor to make arrangements sa1isfactory to Lender to
replace suc" Improvements with Improvements of Blleasr equal value.
Lender's Righ, to Enter. Lender and Lender's agents and rfJpresentatives rnay emer upon the Real Prop<¡rty at all reosonable times to atlend
to Lender's in1erests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions ~lf this Mongage.
Compliance with Govurnmontal Rlfquiremellts. Grantor shall promptly compiy with all laws, ordinances, and regulations, now or hereafter
in eltect. of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contost in good faith any such
law, ordif1anc""" or raHulatlof1 and withhold compllanc¡¡ during any procuedi"g, including appropriate appeai.. &0 long as Gramor hac notifiad
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lendor's irllorests in tha Proparty are nOI jeopardized. Lender
may require Granlor t.o post adequate security or a surety bond, reasonably satisfactory to Lender, to protocl Lendr."s intorest.
Duty tQ Protec., Grantor agrees neither to abandon or leave unattended the Property. Grantor shall rJo all other acts, In adrJltlon to 1I10so
acts set forth above in lhis seclion, which from the character and use 01 the Property are reasonably necessary to protect and preserve the
Property.
DUE ON SALE - CONSENT BY LENDER. Lender may. at Lender's oplion, declare immediately due lincj payable all sums seclltecl by Ihis
Mortgage upon the sale or transter, without Lender's pri()r wrilten consent, 01 all or any part of tho Raal Property, or any interest in tho Real
Property. A "sale ()r transfer" mOrJlls the conveyance of Real Property or any right, title or interest in the Real Proper1y; whether legal, beneficial
or equitable; whother volurnary or involuntary; whether by outriç¡hl sale, deed, installment sale contract, land contraçt, çontract for deed,
leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignmem, or transler of any beneficial interest in
or to any land tru~ t holding title to the Real Properly, or bV any other method of conveyance of an interest in the Real Property, However, this
option 81'011 not tJo exarc,serl tJy L;¡nder If·such exorclSO IS prohibited by lorferal law or tJy Wyoming law.
TAXES AND LIENS. The following provisions relating to the taxos and liens on the Property are pan of this Mortgage:
P"ymont. Grantor ¡¡holl puy when due· lan~1 in all evem¡¡ prior tl) Llelinquoncy) till l<1xes, plJyrull laxes, specllJl ti:lXOS, assessments, water
charges and sewer service charges levied agains1 or 011 account of the Property, and shall pay when due aU claims for work done on or for
services rendered or material furnished to the Property. Grantor shallmai ntain the Property free of any liens having priority over or equal to
I:h~ interest at Lender under this Mortgoga, except f<>r those liena IIpccificolly "wood to in writlf19 by Lender, nnd oxcapt fOI the lien of IOX"'8
and assessments not due as fUrlher specified in the Right to Conlest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connoction with a good faith dispute over the
obligation to pay, 50 long as Lender's interest In the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall wilhin fifteon 115) doys oftfjr tho liøn arises or, if a lion is fUed, within fifteen (151 days Elfter Grantor has noticQ of the filing,
secure the discharge of Ihe lien, or it requested by Lender, deposit with lender cash or a sufficiont corporate surety bond or o1her socurity
sattsfacwry to Lender In an amOllnt sufficient to discharge the lien plus any costs and attorneys· 1ees, or other charges that could accrue
as a result uf II forecloSLlfQ or sale under the lien In ar,y contest. Grantor shali defend Itself and Lender and shall satisfy any adverse
ludg'nent before enforcoment against the Property. Grantor shall I,ame Lemler us an additional obligee under any s,Jrety bond furnished in
Ihe contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidonco at payment of Ihe taxos or assessments and shail
authorizfJ the appropriate governmtmtal offiCial to deliver to Lender at any time a written statemem of the taxes and assessmems aç ainst
tho¡ Property.
Notice of Construction. Grantor shail notify Lender at least fiftoon 1151 day\'! before any work is commenced, any services are furnished, or
any materials are supplied to the Property. it any mechanic's lien. mat!'>rialmen's lion. or other lien could be asser10d on account of the.
work, services, or materials. Grantor will upon request of LeMar furnish to Lende' advance assurances sa1isfactory to Lender that Grantor
can and will pay th", cost of such rrnprovemünts.
PROPCRTY DAMAGC INSURANce, The following provisiOf1s rel"ling to ¡nsurin\! the Property are a part of this MOI·tgage.
Maintenance of Insuranco. Grantor shall procure ¡md ¡nolntain policios or r¡rø insurance with standard extended coverage end()rsements on
a replacement basis for the full Insurable value covering all Improvements on tl10 Real Property in an amount sufficient to avoid application
01 any coinsurance clause, and with a standard mor1gagee clause in favor of Lender, Policies shall be written by such insurance companies
and in such form as may be reasonably fJc(;eptable to Lender, Granlor shall deliver to Lender cer1ificates of coverage from each insurer
containing a stipulaTion that coveraga will not be cancelled or diminished wi1hout 0 rninimum of ten {1 01 days' prior written notice to Lender
and nOI containing any disclaimer of the Insurer's liability tor failure to give such notice. Eech insurance policy also sl1all include an
ondorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any
0111er person. Should Iho Real Property be located in an area designated by the Diroctor of the Federal Emergency Management Agency as
" spacial flood ha~ard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available. for the full unpaid prinGipal bðlanc:e
of tha loan and any prior liens on the property sf.lcuring the loan, up to the maximum policy limits set under the National Flood Insurance
Program, or as otherwise required by Lender, and t.o maintain such Insurance for the 1erm of the loan,
Application of Proce~ds. Grantor shall promptly notify Lender of any loss or damage In the Propeny. Londar may make proof of loss ,t
(ìointor f¡:¡Hs to 11('1 so wI-thin fifteen (15) days of th{~ casu;;Jlty VVhether (Jr not LEH)dfH"j~ sf~curily j~ ir1"rI8il'f~d, I.J~nder m::,y, r:r¡ LF'!ndør'~
elucnon receive and relain thl] proceeds of any Insurance and apply the proGHedA tl) the reduction of ¡he Indeb1odness, paYlnent of any \ten
anenr"') {he f.'roperty, or ttH'I restoration <11\(] repalf 01 th¡! IJrop£Hly. II Lender <,Inds lO Hppiy U,.~ procIJt1ds to ff3stor¡¡ìJon ¡¡nd n'lfJII,r. Granto'
"hilll rOf"J,r or repl¡ICU tI'le dlJrTlaged or destroyed tmpmvernents In ¡ rnanner satisfactory to L.ender. Lender S"'.1 II , upon sattstacwry proof III
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MORTGAGE
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ÜOó777
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such (~xpenditure, payor reimburse Gramor from lhe proceeds for the reasonable COSt of repfJir or rosWration if Grantor IS not in default
under this Mortgage, Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to rhe repair or rrlßtorarlon of the Property sha II be used first to pny any amounl owing to Lendm under this MOr1gnge. then to
pay accrued interest, and the remainder, if any, shall be applied to the principal balance of 1he Indebtedness. If Lender holds any proceeds
after payment in tull of the Indebtedness, such proceeds shall be paid to Grantor us Grantor's interests may appear.
LENDER'S EXPENDITURES. If Grantor f"ils 1M to keep the f'rQPcrry free of "II taxes, lions, socurity interests, encumbrances, and other cloims,
(81 to provide anv required Insurance on the Property, or IC) to make repairs to tho Property then Lender may do so, If any action or
proceeding is commenced that would materially affect Lender's interests in the Property, then lender on Grantor's behalf may, but is not
rsqLlirad to, taka ..ny acnon that l.ender beliaves to IJe approprialo 10 proti;JC1 Lander's Intarasts. All expanses incurred 1)( paid by Londer for
SUGh purposes will thon bear interest at the rate charged under the Note from the dato incurrod or paid by Lender to tt10 date of repayment by
Grantor, All SUGh expenses will become a part of the Indebtodness and, at lender's option, will (A) be payable on demand; (8) be added to
thA hAIAn".. of thA NolA Ann hA Apnortior>Arl Among and he p¡¡ynble with ¡my inslollment pAymAnl·s to hAcomA liUfl r!uring AithAr (1) thl! tArm of
any applicable insurance policy; or (2) the remaining term of the Nato; or (C) be treated as a ballooo paymen1 which will be due and payable
at the Note '5 maturity, The Mortgage also wifl secure payment of these amOllnts. The rights provided for rn this paragraph shall be in addition
loony olher ri¡¡hts or any remedies to which Lßnder may be entitled on account of any default. Any such ac:tion by Lender shall not be
c:onstrued as curing the default so as to bar Londer from any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE, The following provisions mlating to ownorship of the Property are a part of this Mortgage:
Title, Grantor warrants th¡ (: (a) Grantor holds good and marketable title of record 10 the Property in fee simple, free and clear of all lions
and encumbrances other than those set forth in the Real Property description or ill any title insurance policy, title report, or finai title opinion
issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b¡ Grantor has the lull right. power, and authority to
execum and (ieliver this Mortgagu to Londor,
Defense of Title, Subject to the exception in rhe paragraph above, Grantor warrants and will forever defend the title to the Property against
lhe lawful claims of 1.111 porsons. In t·ho event any action or procoeding is commencod thaI questions Grentor's title or the interost of Lender
under this Mortgage, Grantor shall defend the action at Grantor's expe.nse. Grantor may be the nominal party in such proceeding, but
Lender shall be emitled to participate in HIe proceeding af1d \() be represented in the p,oceedino by counsel of lender's own choice. and
Grantor will deliver. Dr cause to be delivered, to Lendor such instrulnßnls as Lender may request from time to time to permit such
participation.
Compliance With Law~. Grantor wmrants that the Property and Grontor's use of the Property complies with all existing applicable laws,
ordinances, and regu1rlti0f1S 01 governrnf:!nt31 '3uthoritio$.
Survival of Promises. All promises, agreements, and statemnnts Grantor has made in this Mortgage shall survive the execution and delivery
at 1his MorlgagH, shall bø continuing If1 nature and shall rE¡maln Ir, full fOI'ce and effect until suetl nme as Grantor's Indebtedness is paid in
full.
CONDEMNATION. The fnllowing provisions relating to çondellll1ation procHedings arH ¡I P¡lfl of this Mortgage:
Proceeding.. If nny proceeding in GondernnMion i, filed, Grantor 3holl promptly notify L"nd",r in writing, nnd Grontor "holl promptly roke
SUGh steps as may be necessary to defend the actiol' and obtain the award. Grantor may be The nominal party in such proceeding, bUf
Lender shall be entitled to p¡Jrticipate in Ihe proceeding and to be represented in the proceeding by counsel of its own choice. end Grantor
will doliv¡¡, Or caU$G to ba doliver"cj to LendAr such instrumen1s 8nd documentation 9S may be requested by Lendl'lr from limo to time to
pf)rmit such partiGipation.
Application of Not Proceeds. If all or any parI of the Property is condemned by eminenT domaÎn proceedings or by any proceeding or
purchtise ip lieu 01 condemm31ion, LeMer may at Its elecHon require that all or any portion of the net proceeds of the award be applied to
the indebtedness or the repair or restoration of the Property. The net proceeds rJf the award shall mean the awnrcl after payment of all
reasonable costs, expenses, and attorneys' fees incurred I>y Lender il1 connection with tile condomnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions relming to govnrnmontal taxes,
tees and charges are a part of this Mortg age:
Current Taxe", F098 and ChargQ.. Upon request by Landor, Grsmor shall execute such documents in addition to this Mortgage and take
whatover other action is requested by Lendel to perfect aod continue Lender's lion on the Real Property. Grantor shall reimburse Lender for
ali taxes, as described below, together with all expenses incurrod in recording, perfecting or continuing this Mortgage, Including without
IImit"tion 011 t1'1XAS, fAA~. r1o"umAntary ~Iarnps, Hnd other ehmges for recording or registering this Mortgage.
Taxos. Tile following shall constitute taxes to Wllich this section applies; 11) a specific tax upon this type uf Mortgage or upon all or any
part of the Indebtednr¡ss secured by this Mortç¡age; (2) a specific tax on Grarnor which Grantor is authorized or required to deduct from
lJaY"\(~"IS Ontht1 Ind'3htednl~"5 s,)cumc! by this type of Mortgage; (3) a tax on this type of Mortgage ",hargeable again.t the Cander 0' the
holder of thft Now; and (4) a specitic tax on all or any portion of the Indebtedness or on payment.s of principal and interest madH by
Grantor,
Subsequlilnt Taxes. If any tax to which lhis se¡:tion applies is enac1ed suhsequem to the dare of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all ')1 its available remedies for an Event of Defaull as provided below
unless Grantor either (1) pavs the tax be/ore it becomes delinquent. or 12) conlesls thH tax as provided above in tho Ta Kes and Liens
5eCUOrl and deposits with Lender cash or II suffiGiem corporate surety bond or 01l10r socurity satlstactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS, The lollowing rHovislons ""Iating to this Mortgage as a security agreement Bre " part ot
this Mortqaqe:
Security Agro.omont. This instrument shall constitute a Security Agreement [c) th/) extent any of the ProperlY conslitutes fixtures, and
lender shall have all of the rights of II secured party under the Uniform Commercial Coda as AmfJndeeJ from timo to time.
Security Interest, Upon r<,¡quest by [onder, Grantor sh¡!1I tako whatever action is requesled by Lender to perfecl and continue Lender's
security irHPn~~I ;" thr.) PnrsonHJ Pr0f10r"'Y ~11 arldíHon to rf:'C(Jr(iinD this MortoFtue in thp, r~Rf p-r(Jp€Hly recnrd~, Lendøf rnay, fit tH..,y tïrnE! And
wiThout further authClrizat.lon from Grantor, tile I'Ixecutln CDuntorparts. copies nr reproductions of this MOr1gage liS [ financing statoment.
(irarHor sl1ll11 r¡JlmtJursu Lender lor ;;11 ""p,!n.';us Incur,ee! In perleClfl10 01 contlnulf1f tlm; securrty Interest. Upon eJrllBult, Grantor sl1all nol
"~I1'''''J(: sever or detach the Personal I'roperty Irorn the Property Upon detault.. Grantor shall assem!)I,) any Pe'BOn!t! F'roperty nol alfixcrJ
J
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MORTGAGE
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to the Property in a manner and at a place roasonably conveniell1 10 Grantor and lender and make it available to lender within three 131
day~ after recolpt of written demand from lender to t.he extent permittod by applicablo law.
Addresses. ThemailingaddressesofGrantoridel:>tor)andLenderlsecorodpartylrrornwh.CI1.nl.ormatlon concerning the security IIHorest
granted by tillS Mortgage may be obtained (each as reqtlÍred by the Uniform Commercial Code) arr! as stated on the first page of tillS
Mongage.
FURTHER ASSURANCES; ATTORNEY·IN·FACT. Tho following provisions relating to further aSSllrances and attorney in-fact are a pan of this
Mortgage:
Further Assuranoes. /'\1' an~' time, and from time to time, upon request 01 Lender, Grar"ltor vvill rnal\c, ÒXQcutc and doJivQr, Qr wíll cauGO 1()
be made. executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, reflled, or
rerecorded, as Ihe case may be, al such limes and In such oflices and pl(ices as lender may deem appropriate, any and all such mortgages.
dP.ArI~ nf rr\l!'.t. ~Ar:lIr¡ty dAArI~, ';Ar.IJnry f!grAAIT1Ant~, linanclI1g ~1·AtAmAn'·~. r:nntlnwnion ~rf!tfJ'n!'nts, instrlllT1!'nts of fllr1h~r assurflnr:e.
certificates, and other documents ¡IS rnay. in the sole opinion of Lender. be necessary or desirable in order to eflectoalo, complete, perlect,
continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents. and (21 the liens and
securrty interests created by this Mortqa¡:¡e as first and prior liens on the Propartv, whether now owned or hereMtar acquired by Grantor.
Uniess prohibiled by law or Lender agrees 10 the contrary in writing, Gruntor shall reimburse Lender for all crlsts and expenses incurred in
connection with the matters reterred to in this paragraph.
Attornoy in Fact. It GrantQr f311(, to do any of lho \/1lngo roh"'rcd to in lhe proooding paragraph, Lendor may do 00 for and in tho nQmo 01
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocobiy appoints lender as Grantor's attorney-in-tect for the
purpose of making, executing, deiivering, filing. recording, and doing all other 1hings 65 may be nocessery or desirable, in Lender's sole
opinion. 10 accomplish lhe malters referred to i" the precedinf) paragraph.
FULL PERFORMANCE. if Grantor pays 011 tho Indeb1edness when doe, and otherwise performs all the obligations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver 10 Grantor a suitable satisfaction of 1his MOrl.gage and suitable s1atements of termina110n of any
fino n(;ìng ~ wtemen1 on tile evit1enclng lender'::; ~ecurl ty Interest In the Rents and the Personal Property. G ranwr will pay, If permitted by
applicable law, any reasonabllJ termination tee as determined by Lender from time to time.
EVENTS OF DEFAULT, At LeJl(jør's option, Grantor will be in default LJI1der this Mortg·age it any of the followinfj happon:
Paym~nt Default. Grantor fails to make any payment when due under the Indebledness.
Default on Other Payments, Faílur~ of Grantor within the lime required by this Mortgage to make any payment for taxes or insurance, or
any other payment necossory 10 prevenl filing cf or to efffKt discharge of uny iien.
Break Other Promises. GranlOr breaks any pro'llise rnado !O LorH!"r or [Hils tt) perform promptly tlt the lime and strictly in the manner
prOVided in this Mortgage or in any agreemenl related to this Mort.gage.
False Statements. Any representation or statement made or turnlshed to Lender by Grantor or on Grantor's behalf under this Mortgage or
lhe Helated Docufllents is lal::;e or misleading JI1 any malerial respect. either now m a1 the time made or furnlslled.
Defective Collateralization. This Mortgage or any ot the Related DOGunlenls ce,]ses to be in tull torce and effect (including failure of any
collateral documenllo croow a valid and perfected securily interest or lien) at any time and for ¡¡nv reason.
Death or Insolvoncy. Tho¡ d,¡¡,'h of Grantor, 'he insolvoncy 01 Gr!lntor, 111., 3ppointmont oj a receivar for any part of Grantor's property, any
assignment lor the benefit of creditors, any type of Gree/ilar workout, or the commencemont of any pwceeding under ¡lny benk[LJptcy or
insolvency laws by or against Grantor.
Taking of thO Propon:y_ Any CretJllOr or ¡Jovernmental agency trlns to lake MY of tile Properly or any olher of Grantor's propeny III which
Lender Ilas a lien. This includes taking of, garnishing of or levying on Grantor's aCGounts with lender. However, if Grantor disputes in
good talth whe1her the Glaim 011 which the taking 01 the Property is based is valid or reasonable, and if Grantor gives Lender wrillan notiGe
of the cløim find rurn'shes lender with monies or " surety bond :;ati5lactory to Lender to sðlisty the claim, then 'his dofault provision will
not apply.
Breð<::h of Other Agreement. Any broach by Grantor LlIlder the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provÌ!jed therein, including without lirniwllon any agreemenl concerning any indebtedness or other
obligation of Grantor to Lender, whether existmg now or later.
Events Afflicting Guara.ntor. Any nfth" lrHr:Ading p.VAnts nr:r:lir" with rA:<: lp.r.r In Any 91 'MRmor, Anrlorsor, ~1.'1/'IY. or accommodiltinn party
of any of the Indebtedness or any guarantor, endorser, surety, cr Hcc:ommodetíon party dies or becomes illcompe1ent. or ravokes or
disputes the validity or, or liability under, any Guaranty of the Indebtedness.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence 01 ðn f-v( nl üf Default tlnd <It any ti",t'! \I "HeaI It'' , Lerrdt", <It Le"ù.,,'b uµtlurr, u'''y
exercise anyone or more of the following rights and remedies, in addition to any other rights (Jr remedies prov1dod by law·
Accelerate Indebtedness. lender shall tlBve the right at its oplion without notico to Grmllor to declore the entinJ Indebtedness ¡mmediatal"
due and payable. including any prepayment penalty that Grantor wouid be required to pay.
UCC Remedies. With respect to ali or any part of the Personal Property, lender shall have ali the rights and remedies 01 a secured party
nnd", thr> IlnifMrYl f:ornmBrclal Code
Collect Rents. Le1ldN shall have tIle ri,¡ht, without nolico to Grantor, to take possession ot thEi Property, including during the pendency ot
foreclosure, whather Judicial or non-judicial, and collect tha Renls, ,ncluding amounts past due and unpaid, and apply the net proceeds, over
dnd abuve Lendør's co:;¡t::., ðgdins\ lhfJ It'H,Jt:bledt1\:3tj:1. ItJ rUnIH;;'1 (1 I~tI ul lt1l~ riyht. LC.H.h:H rl1i1Y rt:::4uìrc i;tI1Y ~tJlHHH or ulhtJr u~cr ()f the
Property to make payments of rent or use fees directly to lender. If the Rents ale collecled by lender, then Gran1er irrevocably designates
L(1Ilder as Grantor's Bttorney··in-fact to endorse ins\ri.lments raceived in payment thereof In the nOlT1e of GrAntor and to negot.iate the same
and COlleG1 the procceds. Pûyrn'en'ts by l.(H'HlI1tS Or olher U$lH.:i to L.ender In re3ponse to Lender's denì8nd 3hðll sr.nj~fy tho ob/tgo1:Ions for
which the payments are made, whether or not anv proper grounds for tho demand oxisted. Londer may exerGlse its rights under lhis
f')ubparaHfupl1 Hither In pnr$on, by a9~.Hll. or throu~]h d reçEHver.
Appoint Her;eiv~r. l...ef)(1(H st'wn havo U"¡e fIght to r1(-)VO a rOGf.~IV(H BPpointed to tak~~~ P(jSSiJSSI()r) (d aH or any r);:nr Of thÎ'~' Prc)penv wl\:h 1110
power to pro1ec1 and preserve tho ProP'3rty, 1.0 opor¡J!ú the PmptHty r.Hocoding forociosuro or 51]I,\. iJnd to collect th,? Hents f,on. tho
J~
MORTGAGE
(Continued)
00&779
Page 5
...-.............,..... ..,....._.,,,.-.-._,,,,...,,,....,....-.".,,-"'-~-'..'"...._.,'--.,""',,'"~--_._....-----_._~...-.......~-,."-,.-."'..".,.._-
"_.___.________.__0_____.___
~,~~___:----..,...--...--.-~-~.;;.~".::r~z.~'::';=.=
Property and apply the proceeds. over and above the cost ot tho roceivership, aguinst the Indebtedness. The receiver n1ay serve wl!hout
bond if permitted by law. Londor's right to the a ppointment of a receiver shall exist whethor or not tho apparent value of the Property
OXr.OOdR tho IndAbrAdnoRR by ¡I RuhstnntiAI amount. Employment by Lnnder shall not diRllufllify " nNHon from RArving rm R ror."ivP.r
Judicial Forec!osure. LendC1r may obtain a judicial decree foreclosing Grantor's interest in all or any part of the ProperlY.
Nonjudicial Sale. Lender may foreclose GranlOr's interest in all or in any part of the Property by non-judicial safe, and specifically bv "power
of salo" or "advertisomen1 and sale" foreclosure as provided by statute.
Deficiency Judgment. If permined by applìcable law, Lender may obtain a judgment for any deficiency remallllng in the Indebt.edness due
to Lend..r after application of all amounts rocoivod from the .."..rei"" of the rights provided in this section.
Tenancy at Sufferance. If Granwr remains in pO$$ession of the Property after tile Property is sold as provided above or Lender otherwise
b(jcomes entitled to possession of tile Property upon dellledt of Grantor, Grantor shall become a tenant at sutterance of Lender or the
purcl18ser of tl1e Property amI sllall, at Lender's option, either II ¡ pay a reasonable rental for tho use of the Property, or (2) vacate the
Property immediately upon tile demand ot Lender.
Other Remedìes. Lender shall have all Olller rights and rernedies provided in this Mort\1aqe or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law. Grantor hereby waives any and 011 riç ht to have tho Property m¡mlhallod.
In exercising its rights and remedies. Lender shall be free to sell all or any part of the Property together or separately, in one sale or by
£0I)l1(8rO Gale,;;. loncler Ghall bo ,)/Hltlod to brd at any public 6alo en all or ""y portion of Iho Proporly.
Notice of Sala. Lender will give Grantor retlsonable notice of the timo and ploco of onv publie solo of the Personal Property or of tile time
after which any private sale or oHler intended dispositioll of the Personal Property is 10 be mado. Reasonable notice shall mean notice
gIven at least ten 110J days holoro the time ot tho sale or dispo$ltlor1. Any sale 01 tho fOerSon¡ll Property Inay be modo in conjunction with
any sale of the Real Property.
Election of Remedies. All of lender's rights and remedies will be curnulmivo and may IJO e><ercised alone ()r together. An election by
UJn,jer to choose anyone remedy will nrJt bar Lender from using any other romedy. If Lender decides to spend money or to perform any of
Grantor'~ obligations under this Mortgage. after Grantor's failure to do so, that decision by Lender will not alfecl lendor's right to declare
Grantor in default and 10 exercise Lender's remedies.
Attorneys' Foes; Expenses. If Lender institutes any suit or action to enforce any of tho tf,Jrm$ of this Mortgage. l.ender shalí be enÜtled to
recovcr s~lch sum as tho court may adjudge roosonablo as attorneys' fees at trial and upon any appoal. Whether or not any court action is
involved. ènd to the extent not prohibited by law. "II reason"ble expenses Lender incurs thet in Lender's opinion are "eco..ssry al any time
tor the protection of its imerest or the enforcement of Its rights shalí become a part of the Indebtedness payable on demand and shall bear
interest at the Note ra1e trom 1he date of the expenditure until repaid. Expenses covt~red by this paragraph includo, without limitation,
however subject to (IllY limits under iJpplieablo law. Lender's aHorneys' fees and Lender's legal expenses whether or not there is a lawsuIt.
Including attorneys' f{JOS and expens¡Js for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay or injul1ctioni,
appeals, and any anticipated post-judgment collection services, tile cost of searching reconjs, obtainino titl,J reporfs (including foreclosure
reports), surveyors' reports, and appraisal fees and title insurance. to the extent pernlitted by applicable law. Grantor also will pay any
court costs, in addition to all other sums provided by law.
NOTICES. Any notice required to be given under this Mortgage. including without limitation any notice of detault and any notice of sale shall be
¡Jiven in wrilin», a"d ..hall bA "fIActivo whon actually dellvl1rod, when actually received by telafacsimile (ur,1066 otherwise raquirad by law). whon
deposited wIth a nationally recognized overnight courier, or, it' mailed. when depos.i1ed in thB Uniled States mail, as first class, certified or
registered mall postage; propeid, directed 10 the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure fr0111
the /10lder of ar1y lien which has priority over tl1is Mortgage shall be sent to Lflndm's m drAss, HR "hnwn neM I·h.. heginning nf this Mnrfgage.
Any person may change his or her address for notices under this Mortgago by glvinç) formal writton notice to the other porson or persons,
specifying thaI the purpOSA 01 the notice is to change the person's address. For notice purposes, Grantor agrees to keep lender informed at all
times 01 Grantor's currem addross. Unless otherwise providod or required by law, if there is more than one Grantor, any notice qiven by lender
to any Grantor is deemed to be notice given to all Grantors. It will be GrantDr's responsibility 10 lIJlI the oll1ers of thE! nolice from Lender.
MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Mortgage:
Amendments. What is written in this Mortgage and in the Relal€d DoCUmt111tS is Grantor's omire agreement with Lender concerning the
matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be ill writing and must be signed by
wl100ver will be bound or obliç¡8tod by tho changE! or amendmont.
Caption Hoadings. CaPtion I1r,aclìngs in this Mortç <tqe sro for cOfwenionCt) pwposes only and are not to be used to interpret or defino the
provisions of this Mongage.
Gov.nning Law. With respoct to procodurall11alters reldlad to the porfoc;lion and ~nrorl;ern...nt or Lenul;I"s ri9hls tl\l¡¡il1~t tlie Pro Jl;lrty. Uris
Mortgage wilt be governed by federal law applicabla to Lender and to the ox1ent not preempted by federal law. the laws of the Stllte of
Wyoming. In all other respeocts, this Mortgage will be governed by federal law applicable to Lender and, to the oxtent not preemptod by
fedoral law, the laws of the Stato of Utah without rogard to jts confliol" of levv provi1>ionG. Howov.or, if thoro ovor iG 1'1 quostion about
whether any provision of this Mortgage Is valid or enforceable. 1ho provision that is questioned will be governed by whichever state or
federal law would tind 1he provision to be vaHd and enforc-eable. The 108n transaction that is evidencod by the Note and this Mortgaoge has
bnn" ...pptind for. non3irlnrnrl, Rpprovnd AfUi mArin. ..nn All "øCßSSAry InAn dOCUll1ents hAva baon accepted bV Lendel in 1ne State of Utah.
Choice of Venue. It there is a lawsuit., Grantor anrees upon Lender's request to submit to thü jurisdiction of the courts of Cache County,
State of Utah.
Joint and Several Liability. All or)ligations of Grantor under this Mortgage shall be joint and sevoral, end all references to Grantor shall moan
each and every Grantor. Thl$ means that each Grantor signing below is responsible tor all oblig01ions in this Mortgage.
No Wcivor by Londor. Grontor understonds I..onder will not (Jive lip ony of L¡,nder's rights under this Mortgage unl"$s l"nder doe" so in
writing. The tact that Lender delays or omits to exercise any right will not. mean tl1at lender has given up that right. If lender does agree
'11 wilting 10 gl'/O lip (¡ne of L.enrJer's (lgl1ts. ¡hat does 1101lneon Grantor will not l1ave to comply with the other provisions 01 thIs Mortgage.
Grantor alsl) UndE-fSl¡3nds that if Lender dO(!>9 consent to ;) requo9't, that doc$ r)ot mQun thul: Gr~H)tor will r10t have to get Lender's consent
J9arn if thu siluatlOll hj]pp(~ns i:1gilln, Grantor turthHr understands thal jusT because lender consents to one l,Jr rnore of Grantor's requests.
!.hat dOC5, n()t ;)lean L.ender ,,,,,HI b(~ ruquirod It) conSHnr 10 onv (yl (:lrantor\ï fut-lJfo ro( ue..,;ts Grantor \,vajves pros.;}ntrnen1, defnand for
d~
MORTGAGE
(Continued)
000780
Page 6
payment, pretes\, and notice of dishonor. Grantor waives all righ1s of exemption froln executiQn or similar law in the Property, and Grantor
agrees that the rights of Lender in tho Property under this Mortgage are prior to Grantor's rights while this Mortgage remains in effect.
Severability. If a court rinds that any provision of this Mortgage Is not valid or stlould not be enforced, thatlact by itselT will not moan thal
1ho roSI 01 this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of tllis Mortgage even If a
provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no rnergor of tile Interest or eSlate creawel by this Mortgage with any other interest or estate in the Property at any
1ime held by or for the benefit of Lencler in (my capacity, without the written consont of Lender.
Succe."or" and Auign.. Subject to any limitation>; sH'!.ed in this Mortgage on tranefer of Grantor'. interast, this Mortgago "h,,1I bo binding
upon and inure to tho benefit at the partios, their succossòrs and assigns. If ownership of the Proper1y becomes vested in a person other
than Gramor, Lender, without notice to Grantor, may deal with Grantor's SUCceSS(Jrs with reference to this Mortgage and the Indebtedness
hy WRY of forhf1RrRnc:p. or flx!p.n..;on wirhnut rAIAA"ing Grl1ntor from thp. nhIIOl1lion.. nf rhi« MnrtOAgA 01' liRhililY und", rhn Indeh!êdn"~"
Time i.s of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury, All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, at counterclaim brought by MY
party against any othar party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits ot the homestead exemption laws of the State
of Wyoming as to all Indebiedna". "ecured by this Mortgage,
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means CHRISTOPHER V. HOWELL and KRISTIN HOWELL and include. all co-signers and co· makers
signing the Note and all their successors and assigns.
Envirrmmental Laws, The words "Environmental Laws" mean élny and all state, federal and locol statutes, regulations and ordinances
rell1liny Iu I"~' fJIIJluGllun of hU"'1I11 hetltlh ur l/'I:< urlvirulllTltHlI, including wHllout limitation the Comprehensive Environmental Response,
Compensation, and liability Act of 1980, as amended, 42 U,S.c. Section 9601, et seq, ("CEfiCLA"). the Superfund Amendments and
Reauthorilatlol1 Act 01 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportati(J!1 Act, 49 U.S.C. Section 1801, et seq.,
the Roso\Jrco Con(H:rvotio/,\ (lnd Recoverv Act, 42 U. S.C. Sect ¡on 6001, et 3cq" or Qlhor tlpplicoble Slale Qr federtJl [lwts, rul6:$, or
reç¡ulations adopted pursuant thereto.
Event of Dufault. Tho 'NO"jS "[vun! of Default" mean any of tho events of default set forth in this Mor1gage in the events 01 defauil
section of this Mortgage.
Grantor. The word "Grantor" means CHRISTOPHEH V. HOWEll. and KHISTfN HOWELL.
Guaramy. the word "Guaranty" means the guaramy f.-om guaranwr, ~ndors;or, SUrOtv, or accommor.l¡) lon p~rrv (0 Lender, Including
without limitation a guaranty 01 IJIi (J( part of the Noto.
Hazardous Substances, The words "HaZlirdous Substonces" r11lwn malonals that, because of their quantity, concentration or physical,
chemical or infectious characteristics. may cause or pase a present or potential hatarcl to rJUman healtl1 or the environment when
improperly used, treated, stored, disposed of, generated, nlanufactured, transported or otherwise handled, The words "Hatar( ous
Substances" arl! uaod in their very broildest s\mse and include without limitation any and all hazardous or tOXIC substances, materials 01
waste as detined by 01 listed under tile Environmental Laws. The IeI'm "Hazardous SubsHmces" also includes, without limitation, petroleunl
amf petroleum by·products or any fraction thereof and asbestos.
Improvements, The word "Improvements" means all existing and future improvt~rnl}nts, buildings, structurAS, mobilA homfls affixRd nn Ihp.
Real Property, facilities, additions, replacements and other construction on the Real Property,
Indebt.,.dness, The word "Indebtedness" means all principal, interest, and other amounts, cons and expenses payable under the Note or
!lelsted Documents, together with all renowals of, exte'lsions of, modifjçation~ ot, consolidations of and ISubstitulions for the Note or
Helated Documents ancl any arnounts expended or advanced by Lender to discharge Grentor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under lhis Mortgage, together Witll interest on such amounts as provided in this Mortgage.
Lender. The won "Lender" means Cache Valley Bank, its successors and assigns. The wards "successors or assigns" mean any person
or company thai acquires any inlerlJst in the Note.
MOrigage. The word "Morlga¡¡r;" rn(JAnS Ihis MOrlgagf1 bA1Wf!fln Granlnr And l Anrlflr.
Nota. Tho word "Notø" means the promìssory note dated MAY 20, 2009, in the original principal amount of $375,000.00
from Grantor to Lender. together with all renewals of. extensions of, modifications of. refinäncïngs of. consolidations of, and substitutions
lor the promissory no t" or ðgreemellt.
Person;!1 Property. The words "Personal Property" mean all equipment, fixtures, ancl othor articles of personal properly now or hereafter
owned by Grantor, and now or hereafter aUached or affixed to the Heal Property; together wi1h all accessions, parts, and additions {(), alf
replacements of, and all substilUnons for. any of such prupeny; and t\Jgether with all proceeds (including without limitation all insurance
proceeds and refunds ot premiums) from any sale or other disposiliol1 01 the ProperTV.
Property. Till' word "PropArty" mA~n~ r.nll.,r.livl~ly IhA RMII Pmpllrtv ~nrl rhn PAr~(¡n(11 Properly
Real Propet1y, The words "fìeal Property" mean the real propertv, interests and rights, as fUrlher described In this MortgagtL
Relatad Documents, The words "Related Documents" mean all promissory notes, credit oqreements, loall anreements, lèlwilOlnnel1tal
agreements, yuaronties, security agreements, mortgages. deeds of trus!, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, execulod in connection with the Indebtedness.
Ront,. fhc word "Rcnt~" mean'J 011 present and futuro rent3, revenUe3, inoom", i3sues. rnyolties, profits, Qnd other bøm,fits derived from
the Property
~ \{A;
MORTGAGE
(Continued)
ûO&781.
Paga 7
-.~.."...,,-,....--..-..,~ ._,-,'~."-,-_.._,._-.."...,..^,~-'._.._._.__.._.... _.__,_".~.,_._."__.___",..",_",,,,,._.,,..,,,,... ~._.~'_,.._.._., d_Y~_.,._"·~._,.....~,,~.~,~"__.,,_.~.
~.....--.,--..._--------..-------.-.-------."....~.~-
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS,
HERV.HOi #-~
X.I{jjjÆiM~~JB¿A_
K~~TIN HoVifELL CUt,l!
...._......_._._._._..._m__..._
x
INDIVIDUAL ACKNOWLEDGMENT
State of \.J",-\ O\~\:V~
County of L,~,~ç:ç\(\."
fhis instrument was acknQwlGclçjed bofon' me on
-Z.¡ - c-:r~- Cr::¡
Idale) by CHRISTOPHER V. HOWELL and KRISTIN HOWELL
DyanFK1 PaIker . NOtary Public
coun1Y of . state of
UncOIn Wyoming
CommlUlon . June 29, 2011
~" . II ...J
~+~~ì~~P=
My comr:; ~$¡on expires: . ,lcL-(1~(:\~(?J !
LA S E R PRO'L;;~d¡~~~'-V~~~::5-4 4 f.io, 00 2 -Co;:;;::--Ha~¡;;-':;[ -F¡"~'1;;-~~ì~¡S;;¡~;ti-;;;~~"'~¡;~";;":""'lfr9:ìh 2009," A II Rig his Reserved
L. \.CFI\LPL\G03.FC TR 1582 PA·31
. WV:UT