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b a Accouter t MJir»hnr• 88 8881221762/0006672465
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After Recording, Mail To:
First Union National Bank of Delaware
C/O Service Center
1000 Louis Rose Place
2nd Floor, Suite B
Charlotte, NC 28262
870393
Mortgage
$SAIL..__,___JF MUM
MORTGAGE
LINCOLN .COUNTY CLERK
00 DEC 2 1 r'
9.
Prepared By:
First Union National BacilE9AWEvar G R
C/O Service Center KEMMERER, WYOMING
1000 Louis Rose Place
2nd Floor, Suite B
Charlotte, NC 28262
Parcel
164
-2 -00-
is made this day December 12, 2000, between the Mortgagor, MARIA AUXILIADORA
CHAPARRO, UNMARRIED whose mailing address is the property address (herein "Borrower and
the Mortgagee, First Union National Bank of Delaware, a national banking association organized and
existing under the laws of the United States of America, whose address is One Rodney Square, 920 King
Street, Wilmington, DE 19801 (herein "Lender
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $107,100.00, which indebtedness is
evidenced by Borrower's Note dated December 12, 2000 and extensions, modifications and renewals
thereof (herein "Note providing for monthly installments of principal and interest, with the balance of
indebtedness, if not sooner paid, due and payable on December 18, 2030.
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the
payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of
this Mortgage; and the performance of the covenants and agreements 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:
SEE ATTACHED SCHEDULE A.
which has the address of 709 N. WASHINGTON 120 EAST, AFTON, WY 83110 and Parcel No. 12-
3218-19-2-00- 164.00 (herein "Property Address
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents all of which shall be deemed to be and remain a part of the property covered by
this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage
is on a leasehold) are hereinafter referred to as the "Property."
Any Rider "Rider attached hereto and executed of even date is incorporated herein and the
covenant and agreements of the Rider shall amend and supplement the covenants and
agreements of this Mortgage, as if the Rider were a part hereof.
Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances
of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest
indebtedness evidenced by the Note. This Mortgage secures payment of said Note according to its terms,
which are incorporated herein by reference.
2. 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 shall pay or cause to
be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which
may attain a priority over this Mortgage, and leasehold payments or ground rents, if any.
3. Hazard Insurance. a) Borrower shall keep the improvements r:ow existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage and any other
hazards, including floods or flood, for which Lender requires insurance. This insurance shall be maintained
in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall
be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower
fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect
Lender's rights in the Property in accordance with paragraph 5.
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b) All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall
promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower
shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly to Borrower.
c) Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to
restoration or repair of the Property damaged, if the restoration or repair is economically feasible and
Lender's` security is not lessened. If the restoration or repair is not economically' feasible. or Lender's
security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property or does not answer within 30 days a notice from Lender that the"nsuranee, carrjerhas offered to
settle 4claim, then Lender: may collect the insurance proceeds. Lender he proceeds to repair
or restore the Property or to pay sums secured by this Security Instrume4 whether or not then due' The
30-day period will begin when the notice is given. f
d) Except as provided in subparagraph 3 below, should partial or complete estri`PO fi rOn''dama e
P P e 3(e) P P 9
occur to the Property, Borrower hereby agrees that any and all instruments evidencing insurance
proceeds received by Lender as a result of said damage or destruction, shall be placed in a non interest
bearing escrow account with Lender. At Lender's discretion, Lender may release some or all of the
proceeds from escrow after Borrower presents Lender with a receipt(s), invoice(s), written estimates(s) or
other document(s) acceptable to Lender which relates to the repair and /or improvements of the Property
necessary as a result of said damage and /or destruction. Absent an agreement to the contrary, Lender
shall not be required to pay Borrower any interest on the proceeds held in the escrow account. Any
amounts remaining in the account after all repairs and /or improvements have been made to the Lender's
satisfaction, shall be applied to the sums secured by this Deed of Trust, Deed to Secure Debt, or
Mortgage. Borrower further agrees to cooperate with Lender by endorsing all, checks, drafts and /or other
instruments evidencing insurance proceeds; and any necessary documents. Should Borrower fail to
provide any required endorsement and /or execution within thirty (30) days after Lender sends borrower
notice that Lender has received an instrument evidencing insurance proceeds, or document(s) requiring
Borrower's signature, Borrower hereby authorizes Lender to endorse said instrument and /or document(s)
on Borrowers behalf, and collect and apply said proceeds at Lender's option, either to restoration or
repair of the Property or to sums secured by this Deed of Trust, Deed to Secure Debt, or Mortgage. It is
not the intention of either party that this escrow provision, and /or Lender's endorsement or execution of
an instrument(s) and /or document(s) on behalf of Borrower create a fiduciary or agency relationship
between Lender and Borrower.
e) Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount
of the payments. If under paragraph 15 the Property is acquired by Lender, Borrower's right to any
insurance policies and proceeds resulting from damage to the property prior to the acquisition shall pass to
Lender to the extent of the sums secured by this Security Instrument.
4. 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
impairment or deterioration of the Property and shall comply with the provisions of any lease 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's 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.
5. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained
in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in
the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances,
disburse such sums, including reasonable attorneys' fees, and take such actions as is necessary to protect
Lender's interest.
Any amounts disbursed by Lender pursuant to this paragraph 5, with interest thereon from the date of
disbursal, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage.
Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon
notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 5 shall
require Lender to incur any expense or take any action hereunder.
6. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable
cause therefore related to Lender's interest in the Property.
7. 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 condemnation, are hereby assigned and shall be paid to Lender subject to the terms of any mortgage,
deed of trust or other security agreement with a lien which has priority over this Mortgage.
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8. Borrower Not Released; Forbearance By Lender Not a Waiver. The Borrower shall remain liable for
full payment of the principal and interest on the Note (or any advancement or obligation) secured hereby,
notwithstanding any of the following: (a) the sale of all or a part of the premises, (b) the assumption by
another party of the Borrower's obligations hereunder, (c) the forbearance or extension of time for payment
or performance of any obligation hereunder, whether granted to Borrower or a subsequent owner of the
property, and (d) the release of all or any part of the premises securing said obligations or the release of any
party who assumes payment of the same. None of the foregoing shall in any way affect the full force and
effect of the lien of this Mortgage or impair Lender's right to a deficiency judgment (in the event of
foreclosure) against Borrower or any party assuming the obligations hereunder, to the extent permitted by
applicable law.
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.
9. Successors and Assigns Bound; Joint and Several Liability; Co- signers. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-
signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is co- signing this Security
Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of
this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument;
and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's
consent.
Subject to the provisions of Section 14, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind and benefit the successors
and assigns of Lender.
10. 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
first class mail addressed to Borrower or the current owner at the Property Address or at such other address
as Borrower may designate in writing by notice to Lender as provided herein, and any other person
personally liable on this Note as these person's names and addresses appear in the Lender's records at the
time of giving notice and (b) any notice to Lender shall be given by first class mail to Lender's address
stated herein or to such other address as lender may designate by notice to Borrower as provided herein.
Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when
given in the manner designated herein.
11. Governing Law; Severability. The state and 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. In the event that any provision or clause of this Mortgage or the Note conflicts
with applicable law, such conflicts shall not affect other provisions of this Mortgage or the Note which can be
given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note
are declared to be severable. As used herein "costs "expenses" and "attorneys' fees" include all sums to
the extent not prohibited by applicable law or limited herein.
12. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note, this Mortgage and
Rider(s) at the time of execution or after recordation hereof.
13. 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 form acceptable to Lender,
an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor,
materials or services in connection with improvements made to the Property.
14. Transfer of the Property or a Beneficial Interest in Borrower, Assumption. As used in this Section
14, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 10 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
WY Mortgage
231336 wymtg (Rev 06, 11 -00)
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339
the expiration of this period, Lender may invoke any remedies by this Security Instrument without further
notice or demand on Borrower.
NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
15. Default; Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of
Borrower in this entire Mortgage, including the covenants to pay when due any sums under the Note
secured by this Mortgage, Lender,, at Lender's option, may declare all of the sums secured by this
Mortgage to be immediately due and payable without demand or notice, notice of the exercise of such
option being hereby expressly waived. Lender may invoke the power of sale hereby granted. Lender
shall have the right to enter upon and take possession of the property hereby conveyed and after or
without taking such possession shall have the right to sell the same at public auction for cash, after first
giving notice of the time, place and terms of such sale by publication once a week for three consecutive
weeks prior to said sale, in some newspaper published in said county, and upon payment of the purchase
money, the Lender, or owner of the debt and Mortgage, or auctioneer, shall execute to the purchaser for
and in the name of the Mortgagors, a good and sufficient deed to the property sold; the Lender shall apply
the proceeds of said sale: first, to the expense of advertising, selling and conveying said property,
including a reasonable attorney's fee; second, to the payment of any amounts that may have been
expended or that may then be necessary to expend in paying insurance, taxes and other encumbrances,
with interest thereon; third, to the payment in full of the principal indebtedness and interest thereon,
whether the same shall or shall not have fully matured at the date of said sale, but no interest shall be
collected beyond the date of said sale; and fourth, the balance if any, shall be paid over to the said
Borrowers or to whom ever then appears of record to be the owner of said property. The Lender may bid
and become the purchaser of the mortgaged property at any foreclosure sale hereunder.
16. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this
Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this
Mortgage discontinued if: (a) Borrower pays Lender all sums which would be then due under this
Mortgage, this Note and Notes securing Future Advances, if any, 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 the covenants and
agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in
Paragraph 15 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 the 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.
17. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby
assigns to Lender the rents of the Property, provided that so long as Borrower is not in default hereunder,
Borrower shall, prior to acceleration under paragraph 15 hereof or abandonment of the Property, have the
right to collect and retain such rents as they become due and payable.
Upon acceleration and /or foreclosure under paragraph 15 hereof, or abandonment of the Property,
Lender, in person or by agent, shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the property including those past due. The Lender shall be liable to
account only for those rents actually received prior to foreclosure sale as provided in paragraph 15.
Lender shall not be liable to account to Borrower or to any other person claiming any interest in the
Property for any rents received after foreclosure.
18. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be
collected in connection with the loan exceed permitted limits, then: (1) any such loan charges shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (2) any sums already
collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by mailing a direct payment to
Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the
Note.
19. Legislation. If, after the date hereof, enactment or expiration of applicable laws have the effect either
of rendering the provisions of the Note, the Mortgage or any Rider, unenforceable according to their terms,
or all or any part of the sums secured hereby uncollectible, as otherwise provided in this Mortgage or the
Note, or of diminishing the value of Lender's security, then Lender, at Lender's option, may declare all sums
secured by the Mortgage to be immediately due and payable.
20. Satisfaction. Upon payment of all sums secured by this Mortgage, the conveyance of the property
pursuant to this Mortgage shall become null and void and Lender shall release this Mortgage. Borrower
shall pay all costs of recordation, if any. Lender, at Lender's option, may allow a partial release of the
Property on terms acceptable to Lender and Lender may charge a release fee.
21. Waiver of Homestead. Borrower hereby releasing and waiving all rights under and by virtue of the
homestead exemption laws of this State, and relinquishes all rights of dower and courtesy in the Property.
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231336 wymtg (Rev 06, 11 -00)
WY Mortgage
231336 wymtg (Rev 06, 11 -00)
REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE
UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST
0 87 3
340
22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to
do, anything affecting the Property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance
of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit, or other
action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower
learns, or is notified by any governmental or regulatory authority, that any removal, or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 22, "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 22,
"Environmental law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety, or environmental protection.
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 Leader's address set forth on page one of
this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action.
Page 5 Loan Number: 888 8881221762/0006672465
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IN WITNESS WHEREOF, Borrower has executed this Mortgage and adopted as his seal the word "SEAL
appearing beside his name.
Signed, sealed and delivered in the presence of:
MA IA AUXILI
STATE OF WYOMING
COUNTY OF 0 4 i!i c a/h
The foregoing instrument was acknowledged before me by MARIA AUXILIADORA CHAPARRO this
WA. day of Aece fry? ber A
WITNESS my hand and official seal
Signature: @a2.Z44.,tLJ
My Commission Expires:
WY Mortgage
231336 wymtg (Rev 06, 11 -00)
A CHAPARRO
[Space Below This Line For Acknowledging]
SEAL]
Y q eJL, (SEAL)
Catherine Ann Veigel kciory Public 1
r; tata c.
Lincoln ::a
ih yor;in{t
My Commission Expires �.Q 3
Page 6 Loan Number: 888 8881221762/0006672465
LAND SITUATED IN THE COUNTY OF LINCOLN, STATE OF WYOMING, THE
FOLLOWING DESCRIBED PROPERTY, TO -WIT:
THE EAST 32 RODS OF THE S 1/2 N 1/2 N 1/2 SW 1/4 NW 1/4 OF SECTION
19, TOWNSHIP 32 NORTH RANGE 118 EAST OF THE 6TH °.M., LINCOLN
COUNTY, WYOMING. TOGETHER WITH A RIGHT OF WAY EASEMENT FOR ACCESS
(INGRESS AND EGRESS) ON THE NORTH 30 FEET OF THE S 1/2 N 1/2 N 1/2
SW 1/4 NW 1/4: AND ALSO A UTILITY EASEMENT ON THE SOUTH 15 FEET OF
THE S 1/2 N 1/2 N 1/2 SW 1/4 NW 1/4 ALL WITHIN TE AFORESAID
SECTION, TOWNSHIP AND RANGE.
TOGETHER WITH ALL WATER RIGHTS, MINERAL RIGHTS, IMPROVEMENTS AND
APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THEREUNTO.
END OF SCHEDULE A
EXHIBIT "A"
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