HomeMy WebLinkAbout887476DEigD OF' [' - IB LOANS
UnpaidBalance:$171':",lT,l.lO Amount Financed $163 023.00 Maturity Date ofNote: January 15th
,2015
THISDEED OF TRUST, Made this 10th day of January
Kurt }/ayne Bills end Keri Lee Bills. husband and wife
whose address is 708 Strawberry Creek Rd Bedford ~/y. 83112
, 2003 , BETWEEN
herein called GRANTOR,
~ and Wells Fargo Financial Idaho, Inc., whose mailing address is 1840 E 17 t h S t
Idaho Faits Id. 83404
herein called BENEFICIARY, WlTNESSETH: That Grantor does hereby irrevocably GRANT, BAR~L.N. ~S.~ELL ANtiC. O.~.y~- ~y_~ ~T~Q~TRUST~EE IN
TRUST, ~TH POWER OF SALE, ~at property h the County of Linc0 I~ ~; S~ oral'deScribed ~ fon;~S;' and ~'not ;x~eedhg
twenty (20) acres ~ loca~d wi~ an hcorpora~d city or vinage (check one or both, ~ app~cabl~): ~~PR
PAGE
Lot 303 of Bridger Forest Ranches Amended 3rd Plat, Lincoln BOOK~
County, ~yoming as described on the orificial plat filed 0cto
ber 24 2001 as Instrument number BT~f135. of:-the records ~ ........
' - ' RECEIVED
the Lincoln County Clerk. L/~'.IOOt. N c,,~ TV
......... ~ - CLE,RI(
TOGET~R ~TH ~e renB, Bsues and profiB ~ereo[ SUBJECT, HOOVER, to ~e right, power and au~ori~ here~af~r given to ~d come,ed
upon Benefici~y ~ collect and apply such renB, ~sues and profiB.
For the Purpose oK Securing payment of ~e ~deb~dness evidenced by a pro~ssory no~, of even da~ herewi~, execu~d by Grantor ~ ~e amount
of ~e Unpaid Balance s~md above phs In,rest on the Amount F~anced at ~e Ra~ of ~rest Per Year shown on ~e no~, wi~ ~e ma~ri~ da~
smmd above and ~ secure payment of all such ~r~er su~ ~ may hereafmr be loaned or advanced by ~e Beneficiary here~ ~ ~e Gran~r here~, or
any or eider of ~em, while record owner of present ~mrest, for any purpose, and of any no~s, drafB or o~er ~men~ represen~g such ~er
loa~, adv~ces or expendi~res ~ge~er wi~ ~terest on aH such sum at the ra~ ~ere~ provided. Provided, however, ~at ~e ma~g of such fu~er
loans, advances or expenditures shag be optional with ~e Beneficiary, m~d provided, ~r~er, that it k ~e express ~mnfion of the parties to ~ Deed of
Trust ~at it shall stand ~ con~u~g security until p~d for aU such advances ~gether wi~ ~rest ~ereon.
A. To protect the securityofthk Deed of Trust~ Grantor agrees:
1. To keep said property ~ good condiaon and repak; not to remove or demol~h any buQd~g thereon; to complem or restore promptly and
good and wor~anlike ma~er any buQd~g w~ch may be co~cmd, damaged or des~oyed thereon and to pay when due aH cla~ for labor
perfo~ed and ma~ria~ ~m~hed ~erefor; to comply wi~ aU laws affect~g said property or requk~g any alteratio~ or ~provemenB to be made
~ereon; not to corot or pemit w~te ~ereof; not to corot, suffer or pemit any act upon said proper~ ~ violation of law; to cultiva~, ~iga~,
fer~ze, ~migam, prune and do all o~er acB w~ch from ~e characmr or use of said proper~ may be re~onably necessary, ~e spec~ic enumeratio~
here~not exclud~g ~e general. ::::. .~ · . .
2. To obm~ Beneficiary's ~iaen consent prior to sell,g, convey~g or o~erw~e ~amfe~g said proper~ or an~ potion ~ereof'~d ~a~ anY
such sale, conveyance or ~ansfer wi~out Beneficiary's prior ~i~n consent shaQ co~tim~ a dehult under ~e
3. To provide, ma~ and dehver to Beneficiary fke ~urance satkfactory to and wi~ loss payable to Beneficiary. ~e a~ognt coQec~d under
~y fke or other h~urance policy may be app~ed by Beneficiary upon any ~debmdness secured hereby and ~ such order ~ Beneficiar~ma~-'de~eme,
or at option of Beneficiary the en~e amount so collected or any part thereof may be rele~ed to Grantor. Such application or rele~e shah get ~are or
waive any default or noace of default hereunder or ~vaUdate any act done pursuant to such notice.
4. To appear ~ and defend ~y action or proceed~g purport~g to affect the security hereof or ~e righB or powers of Beneficiary or Tms~e; and
~ pay aQ cosB and expe~es, ~chd~g cost of evidence of title ~d attorney's fees ~ a reportable sum, ~ any such action or proceed~g ~ w~ch
Beneficiar7 or Trusme may appear.
5. To pay: at le~t ~n days before de~quency aQ rexes and ~sessmenB affect~g said prope~y, when due, aQ encmbrances, charges ~d lie~,
wi~ ~res~ on said prope~y or any part thereof, which appear to be prior or superior hereto; aU cosB, fees ~d expe~es of t~ Trust. ~ addiQon ~ ~e
paymenB due ~ accordance wi~ ~e ~m of ~e no~ hereby secured ~e Grantor shall at ~e option, and on demand of ~e Beneficiary, pay each month
1/12 of ~e es~a~d a~ual ~xes, ~sessmenB, ~surance premiums, ma~nance and o~er charges upon ~e property, never~eless ~ ~st for
Grantor's use and benefit and for the payment by Beneficiary of any such im~ when due. Gran~r's hQure so ~ pay shah co~ti~ a default under
Trust2
6~ To pay immediamly and without demand all su~ expended by Beneficiary or Tmsme pursuant m ~e provkio~ hereof.
7. Should Gran~r fat to make any payment or ~ do any act ~ here~ provided, ~en Beneficiary or Tms~e, but without obUgaQon so ~ do ~d
Mthout noQce to or demand upon Gran~r and without rele~g Grantor from any ob~gadon ~ereo[ may: make or do ~e same ~ such m~er ~d to
such extent ~ eider may deem necessary to pro,ct ~e security hereof, Beneficiary or Trustee berg au~or~ed to en~r upon said proper~ for such
pu~oses; appear ~ ~d defend any action or proceed~g pu~or~g m affect ~e securi~ hereof or ~e righ~ or powers of Beneficiary or Tms~e; pay,
purch~e, conmst or compro~e any encumbrance, charge or lien which ~ ~e judgment of eider appears
exerc~g any such powers, or ~ e~orc~g ~ Deed of Trust by judicial foreclosure, pay necessary expe~es, employ cou~el and pay ~ re~onable
fees.
B. It is mutually agreed that:
1. Any award of damages ~ co~ection wi~ any condemation for public use of or ~jury ~ said prope~ or any p~t ~ereof~ hereby ~signed
and shah be paid to Beneficiary who may apply or rele~e such moneys received by ~ ~ ~e sine ma~er and M~ ~e sine effect ~ above provided
for dkposifion of proceeds of fke or o~er murance.
2. By accept~g payment of any sum secured hereby afar i~ due date, Beneficiary does not waive ~ right either to requke prompt payment when
due of aU o~er su~ so secured or to declare default for hilure so m pay.
3. At any t~e or from t~e ~ t~e, wi~out liabi~ ~erefor and without notice, upon ~i~n request of Beneficiary and prescription of ~ Deed
and said no~ for endorsement, and wi~out affect~g ~e personal liab~ of ~y person for payment of ~c ~deb~dness secured hereby, Tms~e may:
reconvey aQ or any pa~ of said properS; cogent ~ ~e ma~g of ~y map or plat ~ereof; jo~ ~ grant~g any e~ement ~ereon; or jo~ ~ any
exte~ion agreement or any agreement subordinat~g the lien or charge hereof.
4. Upon ~i~en request of Beneficiary s~g ~at all sums secured hereby have been paid, and upon su~ender of
Tms~e for canceQafion mzd retenQon and upon payment of i~ fees, Tmsme shall reconvey, wi~out wa~anty, ~e prope~ ~en held hereunder..~e
recitals h any reconveyance execu~d under ~k Deed of Trust of any ma~rs or fac~ shag be conclusive proof of ~e ~ess ~ereof. ~e gran~e
~ such reconveyance may be described ~ "~e person or perso~ legaQy entitled ~ereto."
5. As additional securi~, Gr~mr hereby gives to and confers upon Benefici~y ~e righk power and au~ori~, dur~g ~e cont~u~ce of ~ese
TrusB, ~ collect ~e ren~, ~sues and profiB of said properS, reserv~g unto Gr~tor ~e right, prior ~ any default by Gr~r ~ payment of ~y
~deb~dness secured hereby or ~ perfomance of any agreement hereunder, to coQect ~d rem~ such renB, ~sues and profiB ~ ~ey become due and
payable. Upon any such default, Benefici~y may at ~y ~e wi~out notice, eider ~ person, by agent, or by a receiver ~ be appo~d by a couP, ~d
wi~out regard to ~e adequacy of any security for ~e ~deb~dness hereby secured, en~r upon ~d ~ke possession of said prope~ or any p~ ~ereo[
~ ~ own name sue for or o~erwke coQect such ren~, ~sues and profit, ~clud~g those p~t due and unpaid, and apply ~e sine, less cos~ and
expe~es of operaQon and collection, ~clud~g re~onable a~orney's fees, upon ~y ~deb~dness secured hereby, ~d ~ such order ~ Benefici~y may
de,me. ~e enmr~g upon and m~g possession of said property, ~e coQecaon of such ren~, ~sues and profiB and ~e appQcation ~ereof
aforesaid, shall not cure or waive ~y default or notice of default hereunder or ~va~dam any act done pursuant to such notice.
6. Upon default by Grantor ~ payment of any ~debmdness secured hereby or ~ perfomance of any agreement hereunder, ag sum secured
hereby shaQ ~edia~ly become due and payable at the option of ~e Beneficiary. In ~e event of defaulk Beneficiary shall execum or cause ~e Tms~e
to execute a ~i~en notice of such default and of h~ election to cause to be sold ~e here~ described prope~y to sa~fy ~e obhgatio~ hereof ~d shah
cau~ such notice to be recorded ~ ~e office of ~e recorder o f each coun~ where~ said realprope~y or some p~ ~ereof ~ simamd.
1~06~700
Notice of sale having been given as then required by law, and not less than the time then required by law having elapsed, Trustee without demand
on Grantor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels and
may determine, at public auction to the highest bidder for cash in lawful money of the United State~: payable at time of sale; Trustee.shall d~livel
purchaser its deed conveying the property so sold, but without any
facts shall be conclusive proof of the truthfulness thereof. Any.person, including .Grantor, Trustee,
After deducting all costs, fees and expenses 0.f Tm.s~e ~d.p~f~hi~s _Trust in c~maection With the sale
counsel fees, realtor's comrni~ions.
the proceeds of sale to payment of: all sums expanded reader
any, to the person or persons legally entitled thereto.)'
7. ThiS Deed applies to~
and assigns. The term Beneficiary shall matin the
this Deed, whenever the context so requires, the masculine gender i
8. Trustee is not obligated t6 notify any party hereto of pending sale under any Deed of Trust or
Beneficia?y or Trustee shall be a part urdess brought by Trustee.
9. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a trustee or
and when any such substitution has been filed for record in the office of the Recorder of the county in which the property herei~ [i ~ id
shall be conclusive evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall succeed to. all of thi'p~ersafi'd duties
of the trustee or trustees named herein.
Requesti~lSereby made that a copy of any Notice of Default an~ copy of any N~tice of Sale hereunder, be mailed to the Grantor at his address
hereinbef?~e~et for~/ -~~~
STATE OF IDAHO, COUNTY OF [~onnev i I l e
Onthis ]1/)DI~ day of~//~/l.~ , ~LT~O 3, before me,
a Notary P~blic in and f~said State, pdSrsonally appeared
~own to me to be the person whose nme ~
subseribffi~,Ihe wi~ m~ment, ~d ac~owledged to me ~at
~xmXt~ ...... ,illI
I
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid.
, Idaho,
· Trustee:
The undersigned is the legal owner end holder of all indebtedness secured by the within Deed of Trust. All sums secured thereby have
been fully paid. You are hereby requested and directed to cancel all evidences of indebtedness secured by said Deed of Trust and to
reconvey, without warranty, the estate now held by you under the same.
Deliver to:
THE PROMISSORY NOTE OR NOTES, AND ANY EVIDENCES OF FURTHER AND/OR ADDITIONAL ADVANCES MUST BE PRESENTED WITH THIS REQUEST.
1D~06-0700 ~' .......... - ~'~":'"~:- -"~