HomeMy WebLinkAbout886810A~er recor6 ~i~ i):
CITIFi~.i~;~'~ ~L, INC.
1895 DEWAR DRIVE
ROCK SPRINGS WYOMING 82902
886810
RECEIVED
(,LERb.
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BOOK ~'~'-~PRPAGE ~'~/~
MORTGAGE
THIS MORTGAGE is made this 8 th day of
ALAN D. HOLDER AND PAMELA FAWN HOLDER
January , 2003
and the Mortgagee, CITIFINANCIAL, INC.
a corporation organized and existing under the laws of Maryland
address is 1895 DEWAR DRIVE ROCK SPRINGS WYOMING 82902
"Lender").
WHEREAS, Borrower is indebted to Lender in the Principal sum of U.S. $
, between the Mortgagor, .
(herein "Borrower"),
, whose
(herein
14,5 3 0.13 , which indebtedness
is evidenced by Borrower's note dated 01 / 0 8 / 2 0 0 3 and extensions 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 01/20/2010 ;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with the 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:
LOT 9A OF BLOCK 1 OF THE LINCOLN HEIGHTS 5TH ADDITION, FIRST FILING TO
THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT THEREOF
which has the address of 16 6 7 TROY COURT
Wyoming 8 31 o 1 (herein "Property Address");
, KEMMERER ,
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."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property, and that the Property is unencumbered, except foi: 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.
Wyoming 26868-4 1/98 Original (Recorded) Copy (Branch) Copy (Customer) Page 1 of 5
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due
indebtedness evidenced by the Note and late charges as provided in the Note.
the principal
Ol/O8/2oo3
278
and interest
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a
sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit
development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any,
plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for
mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of
assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds
to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such
holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured
or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds
to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying
the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower
interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing
at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is
made or applicable law requires such interest to be paid, Lender shall not be required to pay BorroWer any interest or
earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits
and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional
security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to
the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said
taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option,
either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds
held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due,
Borrower shall pay to Lender any amount necessary to make up the deficiency in one 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 Lender, If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender
shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by
Lender at the time of application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the
Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower
under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations
under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including
Borrower's covenants to make payments when due. Borrower 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.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may
require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided,
that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form
acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender
shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other
security agreement with a lien which has priority over this Mortgage;
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 by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is
authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or
to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Devdopments.
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.
7. 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 action as is necessary to protect Lender's interest. If Lender required mortgage
insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to
maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with
Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become
additional-indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of
payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing
contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
8. 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 therefor relatedto
Lender's interest in the Property.
Wyoming
Original(Recorded)
~opv_ f~i~anch) I~o~y (Customer) s~,~,x 2 of 5
AI.~MXl
D HOLD¥(i' , (~':!ELA F HOLDER
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of 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.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of
Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in
interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the
original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and
several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to
mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not
personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may
agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note
without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's
interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail
addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as
provided herein, and (b) any notice to Lender shall be given by certified 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.
13. 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
conflict 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.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's
option, may require Borrower to execute and deliver to Lender, in a 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.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal
law as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any
covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by
this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof
specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date
the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or
before the date specified in the nt~tice may'result in acceleration of the sums secured by this Mortgage. The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to
assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not
cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by
this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and
any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses
incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys'
fees.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the
person in possession of the Property, if different, in accordance with applicable law. Lender shall mail a copy of a
notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale
and thc _Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may
purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all
'reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and costs of title
evidence; (b) to ali sums secured by this Mortgage; and (c) the excess, if any, to the person or persons legally entitled
thereto.
Wyoming 26868-4 1/98 Original (Recorded) Copy (Branch) Copy (Customer) Page 3 of 5
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage
due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to
the power of sale contained in this Mortgage or (ii) entry of a judgement enforcing this Mortgage if: (a) Borrower pays
Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower
cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all
reasonable expenses incurred by Lender in enfoming the covenants and agreements of Borrower contained in this
Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to,
reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of
this Mortgage, Lender's interest in the Property and Borrower's obligation to pay 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.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additi'onal security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and
payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time prior to the expiration
of any period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall
be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including
those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of
the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and
reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to
account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to
Borrower. Borrower shall pay all costs of recordation, if any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property.
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.
(Intentionally Left Blank)
Wyoming 2686~ U98
Original(Recorded)
cotlx.~.l~r.an, oh) Oopy (Customer) P**~ 4 of 5
01/08/2003
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR -,,
MORTGAGES OR DEEDS OF TRUST
281
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has
priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, with a
copy to P. O. Box 17170, Baltimore, MD 21203, of any default under the superior encumbrance and of any sale or other
foreclosure action.
IN WITNESS WHEREOF,
~ SW£ETWATER ~]L~ WYOMING
Borrower has executed this Mortgage.
-Borrower
STATE OF WYOMING, County ss:
~h?~f°reg°i4q~g ins~/.me~a~s .ackn°~wledge~befzo~ me this// __.~~-~_ j~~ ~ ~~
[person acknowVedging] - ~O~t- -~-4-.~/~ ......................
WITNESS my hand and official seal. /] / ,
CERTIFICATE OF DISCHARGE
' This certifies that a mortgage or deed of trust (as the case may be) from
to dated
and recorded in book of on page
has been fully satisfied by the payment of the debt secured thereby and is hereby canceled and discharged.
BY:
TITLE:
FOR:
The undersigned notary public witnessed the execution of this Certificate of Discharge by
for
on this
day of
Wyoming 26868-4 1/98
Notary Public
Original (Recorded) Copy (Branch) Copy (Customer)
, (Space Below This Line Reserved For Lender and Recorder)
Page 5 of 5