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" LMORT AGE J _
THIS MORTGAGE is ~nade this 9TH
day of
D~IEL J R~L, A SINGLE PERSON ' , bctweeil the Mor~gagor,
WELLS FARGO HO~f~ MORTGAGE, INC. (herein "Borrower"), and fl~e Mortgagee,
existing under the laws of THE STATE OF CALIFORNIA . a corporation orgmtizcd and
P.O. BOX 5137, DES MOINES, IA 503065137 , whose address is
WHEREAS, Borrower is indebted to Lender in the principal sum of U,$, $ ** * * * *** * * * '4,923 00
indebtedness is evidenced by Borrower's note dated NOVE~ER 09, 2001 . (herein "Lender").
, which
, . mid extensions and renewals
thereof (herein "Note"), providing for monthly installments of pnnmpal and interest, with Ihe balmcc of indebtedness, if not
sooner paid, due alld payable on DECEM]3~R 01, 2009
;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with intcrust fl~ereon; Ihe payment of all
other sums, with interest Iht'teen, advanced in accord~ce hcrewitl~ to protect the security of this Mortgage; and the
pcrfonuance of the covenants and agreements of Borrower herein contained, Borrower does hereby motlgage, grant ,nd convey
to Lendcr, with power of sale, the following described property located in the County of L'r~COL~
St~ie of Wyoming:
PART OF SECTION 6, TJ1N RllSW OF THE 6TH P.M., LINCOLN COUNTy,
W"ZOMIN8 D~SCRI~D MORE PARTICULARLY AS FOLLOWS!
COMPFE, NCING 41 FEET SOUQH OF TN NORTh'W~ST CORNER OF SW1/4SW1/4 OF
SAID SECTION 6, AND ON THE RIGHT OF WAY U.S. 89 NORTH HIGHWAY AND
RUIFNING THENCE SOUTJ~ 79 FEET: TI{ENCE 133 FEET/ TI{ENCE NORTh{ 70
FEET/ THENC]Z WEST .28.5 .FEET: THENCE NORTH 9 PEET: THENCE WEST
i04.5 FEET TO THE POINT OF BEGINNING.
which Jlastheaddressof 831_qC)U.,..q. I'tI(JHWA¥ 89
Wyoming 83110 [..q~rce~] , AFTON
[ZIp Code] (herein "Property ,Address"); [City] '
TOGETHER wilh aJl/.he improvements now or hereafter erected on the property, and all easements, rights, appurtenances
anti rems, alt of which shall be dec,md to be and remain a part of the property covered '
~brepoJng, together with said property (m the lc b tho .
the "Propcmy." uchold estate if this Mortgaue is on ~ ~ ..... ,--~,. ~ortgage, ~d all of the
"
Borrower coven~ts that Borrower is lawfuIly sel$ed of the estate hereby conveyed and has the right to 1n~72. g, g. It and
Borrower warrants ~md WUI defend generally the titlc to the Property against all claims and demands, subject to encumbrm~ce, of
record.
UNIFORM COVENANTS. Borrower and Lender coven~t m~d agree as foUows:
l. Payme. t or Principal and lnlerest. Borrower shall Dromptly pay when du~ the principal and interest Jndebteduuss
evidenced by l)~c Note and late charges as provided tn the Note.·
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by. Lender, Borrower shall pay
Lender m~ the day mummy payment~ of principal ~d interest ~e payable under the Note~. hntil ll~e Note is paid in full, a sum
(hetedn "Ponds") equal to one-twelfttt of the yearly taxes and assessmcmt$ (including 'condominium and planned unit
development assessmemS, if any) which may attain priority over tiffs Mortgage ~d ground rems on the Propc~y, if ~y, plus
one-twel fth of yearly premium insralhnents for h~ard insurm]ce, p/u~ one-twelfth of yearly pre~um installments, for mortgage
in,surance, if;my, all as reasonably estimated initially md from time to time by Lendcr on the basis of assessment,~ and bills
rcnsotmhlc estimates thereof. Borrower sh~l not be obligated to ln~e such payments of ~nds lo ~nder to lhe extent that
Bon~yower makes such Payments to the holder of a prior mortgage or dcc~ of tm~t if such holder is an institutional lender,
O~1~ "SSCOND MOIFfGAG~ . 1/80 - FNMA/YHL~c U~IFO~M INSTRUMENT
~-T8(wgJ mo,~Lo~ ~a0,, 1 of 4 Form 3851
VMp MOflTGAG~ FOflM5. f~00162t.7~gl
. -'
$ 3 '?
If Borrower pays Funds to I.ender, thc Funds shall be held in an institution the deposits or accounts of whicl~ are insured
or guaranleed by a federal or state agency (including Lender if Louder is such an institution). Lender sh~l ~pply thc Ponds to
pay said taxes, asse.qsments, in.~uritnce prcTniums and ground rents. Lender may not ch.,qrge for so holding and applying the
Fuuds, analyzing said account or vet!tying and compiling said assessments m~d bills, unless Lender pays Borrower interest on
the Ftmds aud applicable law permits Leader tO nxO:e such a charge. Borrower and Lender m~y agree in writing at the time of
execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreemeut is made or
applicable law requires such interest to be paid, Lender shall not be required to pay Borrower ,'my interest or comings on the
Funds. Lender shall give to Borrower, without charge, an annual accotulting of the Funds showing credits and debits 1o the
Funds and lhe purpose for which each d~.'bit to die Funds wa.q rru~de. Ihe Funds arc pledged as additional security for Ille sums
secured by this Mm'tgage.
It' lhe :~ntmnt of the Funds held by Lender, together with the fixture monthly installments of Funds payable prior to the due
date~ of taxes, assessmems, insurance premiunu and ground rents, shall exceed the amount required to pay said taxes,
assessments, insurance prcmiurns and ground rents as they fall due, such execs, shall he, at Borrower's option, citijet promptly
repaid to Bt~rrower or credited to Borrowcr on monlhly installments or Funds. If tho amount of the Funds held by Lender shall
not he sufficient to pay taxes, assessments, insurance premiums and ground rcnls a~ they fall due, Borrower shall pay to Lender
any amount necessary to make up the deficiency in nne or more payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by
Leander. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, D:nder shall apply,
no later thnn immediately prior to the sale of the Property er its acquisition by Lender, m~y Funds held by Lender itt the time of
applic:~lion as a credit against the sums secured by this Mortgage.
3, Application of Payme~ds. Unless applicable law provides otherwise, all payments received by Lender under the Note
and paragraphs 1 and 2 hereof shall be applied by l..euder first in payment of amounts payable to Lendcr by Borrower under
paragraph 2 here,ag, then to interest payable aa the Note, and then to the priucipal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower ~hall per£orm all of Borrower's obligations under
any mortgage, deed. of trust'or other security agreemem with a lien which has priority over this Mortgage, including Florrowcr's
covcnanls to make payments wher~ due.-Borrower shall pay or cause to be paid all zaxcs, assessmcnls ,'md other charges, fines
and imposilions attributable to the Property which may attaln a priority over this Mortgage, and lea.qehold paymenls or ground
rents, il' any.
5. l.la~ard Insurance. Borrower ~hall keep the improvements now existing or hereafter erected on the Property in.surcd
ggahv;[ loss by I~re, hazards included within the term "extended cove-rage," and such other hazards as Lender natty require and in
.~uch amounts and for such perlod~ as Lender may require.
'llxc insur~mee carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that
~,uch approved shall not be unreasonably withheld. All insurance policies trod renewals thereof shall he in a form acceptable to
Lender and shall include n st~dard mortgage clause in favor of and itl a form acceptable to Lender. Lender shall have the right
lo hold the policies and renewals thereol', subject to the terms of any mortgage, deed of trust or other security agrcemem with a
lien wMch has priority ovc-r IBis Mortgage.
In the event of loss, Borro¢;er shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
if n~t made prmnplly by Borrower,
If the Property is abm]tinned by Borrower, or if Borrower fails to respond to l.ender within 30 days from the d~Ie notice is
ma;lcd by Lender to Borrower that the'insurance carrier offers to settle a claim for insurance bear/its, Lender is authorized to
t:olleot and apply the insurance proceeds at Lender's option either to r~storatioa or repair et' Ihe Property or to Iht surns secured
by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep the Property in good repair and shall not commit waste Or permit impaJrmem or deterioration of tile Property and
shall comply with the provisions of any lease R' this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium
or a planned unit devcl,pment, Borrower shall perform all of Borrower's obligat[on.q under the declaration or covenants creating
or governing the condominium or planned milt development, the by-laws ,'md regulations of the condominium or phc'mod unit
development, amt constituent documents.
7. t¥otectlon of Lender's Security, If Borrower fails to perform the eoven,-mts and agreement/ coma;ned ill this
Mortgage, or if any .action or proceeding is co. nunenced which materially affects Lender's interest in the Property, then Lender,
~1 l,ender's option, upon notice to Borrower, may make s~ch appearances, disburse such sums, including reasonable attorneys'
fee,% anti t~e ,'tach arden as is necessary to protect Lender's interest. If Lender required mortgage insurance as a coed;lion of
making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such iusurance in cf feet until
such time as the retluh, cment for such illsura~lce terminates ill accordance with Borrower's and Lender's written agreelltcnt or
applicable law.
Any amounts disbursed by Lender pursuant to fids paragraplx 7, with interest thereon, at the Note rate, slmll become
additional indebtedness of Borrower secured By this Mortgage. Untess Borrower and Lender agree to other terms of' payment,
such amounts shall be payable upon notice from Lender to Borrower requesting payment therco[. Nofl~ing contained in this
I~,ragraph 7 shall require Lettdcr'to incur any expense or take any action hereunder,
I'l, Inspection, Leader may make or cause ~o be made reasonable entries upon and inspections of the Properly. provided
'that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's
interest in the Properly.
9. Condemnation, Tile proceeds of any award or claim for damages, direct or consequential, in connection with ,'my
condemnation or other raking of thc Property, or part thercot', or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender, subject to rile terms of any mortgage, deed of trust or other security agrecm~ent with a I. ien which
ha.~ priority over this Mortgage. ·
10. B~}rrower Nut Releasedi Forbearm~ce By l,ender Not a Walver, Extension of the'time for payment or modification
of mnor[ization nf Ihe sums secured by this Mortgage ~antcd by Lender to any successor in interest' nf Borrower shall not
oper,~Ie Io rclea~se, itl ',my mariner, the liability of the original Borrower and Borrower's s'uecessors in interest. Lender shall not
be required to commence proceedings against srich successor or refuse to exlend time tbr payment or otherwise modify
amortizatimt of the sums secured by rhi{ Mortgage hy reason of any demand made by tile original Borrower a~id Borrower's
successors in interest. Any forbearance by Lender in e~ercising any right or remedy hereunder, or otherwise M'forded hy
8ppi;cable l-aw, shall not be a waiver of or preclude the exercise of any such right or remedy.
Form 3851
II. ,qucce~'ors and A,ss[gns Bound; ,Ia[at and Several [.iabilil'y; Co-sign.s. Tl~e coven~ts and agreemen~
,con,allied shall Nod, and the rights hereunder shall inure to, t~e respective successors and assigns of ~nder ~d Bozrower,
subject to the provisions of paragraph 16 hereof. All coven~ts ~d agreements' of Borrower shall be joint 'mxd several. Any'
ltorrower who co-signs {his Mortgage, but does not e~eeute the Note, (a) is co-signing this Mortgage only ~o mortgage, gmat
and convey that Borrower's interest in th~ Property to Lm~d~r und~ the rer~m of this Mortgage, (b) is not pcrsom~lly liable on
the Note or under this Mortgage, <d (c) agr<s that ~nder m~d ~y other Borrower hereunder may agree to extend, modify,
forbear, or make any otM~ accommodations wid~ regard to lhe terms of this Mortgage or the Note without that Borrower's
consent nnd without role~ing that Borrower or moditying this Mortgage as to that Borrower's interest in d~e Property.
12. Notice. Except lbr ~y notice required under applicable law.to be given in ~mother manner, (a) any notic~ ~o Borrower
p{ovided Ibc in this Mortgage sh~l be given by delivering it or by mailing such nodcc by certified mail addressed to Borrower
at the Prope~'~y Address or at su~ other address'~, Borrower may designate by notice to ~nder as provided herein, m~d (b) any
notice xo t.ender slulll be given by eorlified mall to ~nder's address stated herein or to such olher addr~s as Lender may
design;tie by notice to Borrower ~ provided herein. Any notice provided for in this Mortgage shah bo deemed 1o have been
given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Sev~abilily. The state ~d local laws applicable to this Mortgage shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this
Mortgage. D1 the event that any provision or clause of thi~ Mortgage or lhe Note conflick, with applicable law, sucl~ eonlqict
sh~ll not afl,ct other provisions of this Mortgage or the Note wl~i~ can be given effect wiihou~ the conflicting provision, ~d to
fills end ~l~e provisions oF ins Mortgage and the Note nrc declared to bo severable. As u~ed herein, "costs," "exp~nses" and
"attorneys'/beg" include all sums to tho extent not prohibited by applicablo law or limited herein.
14. Borrower's Copy, Borrower shall be furnished a conlbn~d copy of the Note m~d of this Me,gage at the time of
executio~x or after recordation hereof.
]5, Rehabilitation Loan Agreem~t. Borrower shall fulHII all of Borrower's obligations Under ~y home rehabilitation,
improvemenl, repair, or o&er loan agrecnnent whEh Borrower enters into witl~ Lender~ ~nder, at Lender's option, may require
Borrower 1o execute and deliver to l.eq~er, in a fom~ acceptable to Lm~der, an ~ignment of any right, claims or defensds
which Borrower may have agaiust parties who supply labor, materials or settees in connection with improvemen~ made to the
Property,
16. Transfer of the Prop~ty or n Beneficial lntermt in Borrower. It' all or any part of thc P~operty or rely inlerest in it
is sold o~' trans/~rrefl (or if a beneficial interest N Borrower i~ sold or transferred and Borrower is not a natural person) without
Lender's prior writteu consent, ~nd~r may, at i~s option, require i~mnediate payment in full of all sums secured by this
Morig~tge. Itowcver, dtfs opdon shall not bc exe~ised by ~nder if exercise is prohibited by lkderal law ns of the dale of lhis
Morlgage.
If Lender e~ercises, this oplion. Lender shall give Borrower notic~ o1' acceleration. The notice shall provide a period of not
le~s d~nn 30 days From the da~e the notice i$ delivered or ~ailed within whi~ Borrower must pay all ~ms secured by Ibis
Morlgage. If flc~rrower fails to pay lhese sums prior, re the expiralion oflhis period, Lmder may invoke ~y remedies permitt~
by Ihis Mortgage without furlher ngtiee or dem~d on Borrower.
NON-UNIPORM COVENANTS. Borrower and L~sder l~rther covenant ~d agree a follows:
17, Aceelernlion; Remedie~..Except as provided in paragraph 15 her~f, upon ~orrower's brea~ of any covennnt or
agr~m~t ur Borrower in ~hls Mortgage, including the covenants to pay when du~ any sums s~ured by this Mortgage,
Lmder prior ~o nce~eralion shall give n~llce to Borrow~ as provided In paragraph 12 h=~r sp~i~ing: {1) the
(2) the action required to cure such brenclu (3) a date, not 1~s lhan I0 days from lhe d~te Ihe notice
Borrower, Dy whleh such breach must be eared; and (~) that failure to cure such breach on or before tho date spefified
tl~e no,ice may resui[ in acceleration of the sums secured by this Mortgage. The no,ice shall further inform Borrower
the right to reinstate aft~ acceleration and fl~e right to brtng n eour~ action to ~s~t ~e nonexistence of n default or any
oth~ defense of Borrow, er lo aecel~ntion and sale..Ir *he bread~ Is not cured on or bgm'e the date specified in the not[ce,
Lender, at l.ender'~ option, may d~lare nil of the sums secured by lhls Mortgage to b~ Immediately due and payable
w~thou{ I'm'Chef demand and may invoke the pow~ or sale and any other remedi~ permitted by opplieahle law. Lender
shall be entitled Io collect all reasonable easts and expenses incurred tn pm'suing the r~edles provided in this paragraph
17, including, bul not limited ~o, teasouahle attorneys' fees.
If Lender invokes lhe power of sale, Lender shall ~ive noQee or intent to ror~los~ lo ~orrowee and to the person
possess{on or the Property, if diff~ent, in accordance wlth applicable law. Lend~ shall mail a copy of a notice of ~he sale
to Borrow~ in the manner prey}tied in paragraph 12 beret. Lend~ shall publish the notice of sale and tile Property
sNfll be sold h~ the m~n~r ." ' by applicable law. Lender ~r Lender's d~ign~ may purchase the ~'operty nt
sale, The proceeds of the $all~
shall be applied in the tallowing order: (a) to all reasonable costs and expm~sm of the sale,
including, hut not limited to, ren~onnble attorneyi' f~s and costs or title evid~ee; (b) lo all sums ~eeured hy
Mortgage; and (e) the execs, ir any, lo the pm'son or pe~on~ legally ~iltl~ ther~o.
1~. Borrower's RiOd to Rdnsta/e. No~withst~ding Lender's azceleration of the sums secured by Ilxi$ Mortgage due to
Borrower's breach, Borrower shall have ~he right lo have any proceedings begun by Lender to enforce this Morlgage
disconlin=~d nt any tim= prior to the earlier to occur of (i) ~h= fifth day before sale of d~e Proper~y Pursuant to tho power of sale
eonHffned in d~i,~' Mortgage or (ii) entry oF a judgment enforcing ~his Mortgage if: (a) Borrower pays ~ndor ali sums which
would be Ih~n due under t~is Mortgage and the Not= had no acceleration occurred; (b) Borrower cures all breacl~s of any off,er
covenants or agreemenls of Borrower comainud in dxis Mortgage; (c) Borrower pays all reasonable expenses incurred' by Lender
in enlbrcing the covenants and agreemmts of Borrower cm~mined in ~his Mortgage, ~d in enlbrcln~ Lender's remedies as
provided in p:tr;jgraph 17 hereot; including, but not limited to, reaonabl= a~torneys' f~s; ~d (d) Borrower lakes such
~mder may reasonably r~quire ~o .a~sure that the lien of fl~is Mortgage, ~nder's int~est in dxe Property mxd Borrower's
obligation to pay ~be sums secured by riffs Me,gage shall continue unimpaired. Upon such pnymmt and cure hy Borrower, this
Mortgage nnd the obligations secured hereby shall.remain in full force m~d =ffecl as ir no acceleration had occurred
19. Assignmenl or Rea{s; Appolntmmt of R~eiv~; l.end~ in Pass,sion. As additional security hereunder, 8or~'ower
hereby assigm to Lender the renk~ ~1' the Propm~y, pruvided cleat Borrower shall, prior ~o acceleration trader paragrap8 17
hereof or 8band.nment of the Property, have ~he righ~ ~o collect and retain such rents ~ they become due and P~yable.
Uptm acceleration under paragraph 17 hereof or abm~donment of the Property, t:md :q any time prior to lhe expiration of
any period of redemption following judicial sale, Leader, in person, by agent or by judicially appointed receiver, shall, be
.entitled 1o enter upon, take possession of and manage the Property ~nd to collect tile rents of file Property including those pa.~t
due. All rents collected by t.ender or the receiver shall be applied first to payment of the costs of managemeat 0[ the Property
aad collection of rents, including, but ~lot limited to, receiver's fees, premiums on receiver's bonds and reasonable atlorneys'
fees, and then to the sum.s secured by lhis Morlgage. Lender and the receiver shall be liable to account only for those rents
· ~ctually received, .
20. Release, Upon payment of all. sum.s secured by fl~is Mortgage, Lender shall release this Mortgage without charge to
Borrower. Borrower shall pay all co,ts of recordation, if ,'my,
21, Waiver or l'Iomcstead. Borrower hereby waives all right of homestead exemption in the Property,
: REQUEST FOR NOTICE OF DEFAULT
----AND FORECLOSURE UNDER SLrPERIOR--
MORTGAGES OR DEEDS OF TRUST
BorroWer and Lender request the holder of any mortgage, deed of trust or olher encumbr,'mce with a lien which has
priority over this IVlortgage to give Notice to Lender, at Lender's addres~ set forth on page one of this Mortgage, of any default
m)tlt:r tile ~uperior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower ha.q executed ~is Mortgage.
DAlgTEL J RI/PIL y ~' t
-Borrow~.-r
(Seal)
-Borrower
(.Seal)
-Borr.~er
-Borro,.u~r
(Sig~ Original Only)
STATE (')F WYOMING, Lincoln County ss;
The lbregoing inslmment was acknowledged before mc this 9th day of November, 2001
.,_ iS'p:~ce Below 'rhi~ Line Re~erved For Lender and Recorder]
(~-761, WY) ((~21.ol P,~,~ ,~ el ~. Form 31:{51