HomeMy WebLinkAbout877937 WHEN RECORDED MAIL TO: -- -- SPACE ABOVE FOR RECORDERS USE
MSN SV~7g / DOCUMENT CONTROL DEPT. ]BOOK 4 ~,.C~_pR PAGE
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VAN NUYS, CALIFORNIA
DOGID~:000033318143~93 PARCEL ~D ~: 37182830400900
E8OROW/CLOSlNG~: 021535i Prepared b~: M. SALAS
MORTGAGE
(Line of CrediO
THIS MORTGAGE, dated December 5 ,2001 ,isbetween
JOSEPH R BOHNE. AND NANCY R BOHNE. WIFE AND HUSBAND AS OOINT TENANTS
residing at
109 RIVERVIEW. ALPINE. WY 83128-
the person or persons signing ns "Mortgagor(s)" below and hereinafter referred to as "we" or "us" and '
COUNTRYWIDE HOME LOANS, INC.
with an address at '
4500 Park .Granada, Calabasas, CA 91302-1613
and hereinafter referred to ns "you" or the "Mortgagee." ,
, MORTGAGED PREMISES: In Consideration Of the loan hereinafter described, we hereby mortgage, grant and convey to you
the premises located at: :.,.,
ALP I NE LI NCO LN WY 8312B- (the "Premises").
Municipality County Stat~ ZiP
and further described as:
LOT 14, THREE RIVERS MEADOWS ESTATES, SUBDIVISION "A", LINCOLN cOUNTY,
STATE OF WYOMING, BEING PART OF THE SW1/4SW1/4NW1/4SW1/4 OF SECTION 28,
TOWNSHIP 37 NORTH, RANGE 11B WEST OF THE 6TH P.M., LINCOLN COUNTY.
WYOMING.
The Premises includes all buildings and other improvements now or in the future on the Premises and all fights and interests which
derive from our ownership, use or possession of the Premises and all appurtenances thereto.
LOAN: The Mortgage will secure your loan in the principal amount of $ ! 9. O 00.00 or so much thereof as may be
advanced and re, advanced from time to lime to 00SEPH R BOHNE
.NANCY R BOHNE , ,and
, the Borrower(s) under the HOme Equity Credit Line Agreement
and Disclosure Statement (the "Note") dated 12 / 05 / 20 O 1 . plus interest and costs, late charges and all other
charges related to the loan. all of which sums am repayable according to the Nole. This Mortgage will also secure the performance
of all of the promises and agreements made by us and e~ch Borrower and Co-Signer in the Note, all of 'our promises and
agreements ih this' Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Note, and any
amounts advanced by you under the terms of the section of this Mortgage entitled "Our Authority To You." Loans under the Note
may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set
forth in the Note.
OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you.
BORROWER'S IMPORTANT OBLIGATIONS:
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(a) TAXES: We will pay all real estate taxes, assessments2 water charges and sewer rents relating to the Premises when they
become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these taxes and
charges We will provide you with proof of payment upon request.
(b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major changes
in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first getting your
consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium or a planned unit development, we
shall perform all of our 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.
(c) INSURANCE: We will keep the building(s) On the Premises insured at all times against loss by fire, flood and any other"
hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. The
policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon your request the
policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss-payee" so that you will receive
payment on all insurance claims, to the extent of your interest under this Mortgage, before we do. The insurance policies must also
provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason.
Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the
Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a proof of loss on our
behalf if we fail or-refuse to do so. You may also sign our name to any check, draft or other order for the payment of insurance
proceeds in the event of loss or damage to the Premises. If you receive payment of a claim, you will have the right to choose to use
the money either to repair the Premises or to reduce the amount owing on the Note.
(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of condemnation, all
of which shall be paid to you, subject to the terms of any Prior Mortgage.
(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing whatever
you believe is necessary to perfect and continue the perfection of your lien and sec~urity interest in the Premises.
(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if you choose,
perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing on the Note,
on which you will charge interest at the interest rate set forth in the Note. If, for example, we fail to honor our promises to maintain
insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in dbod condition and repair or to
perform any of our other agreements with you, you may, if you choose, advance any sums to satisfy any of our agreements with
you and charge us interest on such advances at the interest rate set forth in the Note. This Mortgage secures all such advances. Your
payments on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that you
obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior
Mortgages.
(g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and subordinate to a
prior mortgage dated / / . and given by us to
COUNTRYWIDE HOME LOANS, INC.
as mortgagee, in the original amount of ~; 0.0 0 (the "prior Mortgage"). We shall not increase, amend or
modify the Prior Mortgage without your prior written consent and shall upon receipt of any written notice from the holder of the
Prior Mortgage promptly deliver a copy of such notice to you. We shall pay and perform all of our obligations under the Prior
Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Premises. We' shall not do, nor allow anyone else to do, anything affecting the Premises that is
in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use; or storage on the
Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and
to maintenance of the Premises. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or
hazardous substances by Enmronmental 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, "Environmental Law" means federal laws and laws of the jurisdiction where the Premises are
located that relate to health, safety or environmental protection.
(i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the
Premises, in whole or in part, or permit any other lien or claim against the Premises without your prior wriuen consent.
(j) INSPECTION: We will permit you to inspect the Premises at any reasonable time.
NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by you without releasing us or the Premises.
You may add or release any person or property obligated under the Note and this Mortgage without losing your rights in the
Premises.
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if required by
applicable law, if any event or condition described in Paragraph 12.A. of the Note occurs, you may foreclose upon this Mortgage.
This means that you may arrange for the Premises to be sold by advertisement and sale or by judicial foreclosure, at your option, as
provided by law, in order to pay off what we owe on the Note and under this Mortgage. If the money you receive from the sale
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is not enough to pay off what we owe you, we will still owe you the difference which you may seek to collect from us in'
accordance with applicable law. In addition, you may, in accordance with applicable law, (i) enter on and ~ possession of the
Premises; (ii) collect the rental payments, including over.duo rend payments, directly from tenants after simply notifying thein first
class mail to make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases.. We agree that the
interest rate set forth in the Note will continue before and af~ a default, entry of a judgment and foreclosure. In addition, you shall
be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to foreclosure, including, but not limited
to, reasonable atlomeys fees and costs of documenlary evidence, abstracts and tiffs reports.
ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you tho nmts of tho Pmmi~es.
You or a receiver appointed by the courts shall be entitled to enter upon, ta~e possession of and manage the Premises and collect
the rents of the Premises including those past due after simply notifying them bY first class mail to make renlal payments to you.
WAIVF~S: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to enforce this
Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, exemption
from attachment, levy and sale and homestead exemption.
BINDING EFFECT: Esch of us shall be fully responsible for all of the promises and sgreements in this Mortgage. Until the Note
has been paid in full and your obligation to make'further advances under the Note has been' terminated, the provisions of this
Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This Mortgage is for
your benefit and for the benefit of anyone t~ whom you may assign it. Upon payment in full of all amounts owing to you under tho
Note and this Mortgage, and provided any obligation to make further advances under the Note has terminated, this Mortgage and
your rights in the Premises shall end.
NOTICE: Exc~t for any notice required under applicable law to be given in another manner, (a) any notice to us provided f~r in
this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail addressed to us at the last address
appearing in your records or at such other address as we may designate by notice to you as provided heroin, and Co) any notice to
you shall be given by certified mail, return receipt requested, to your address at
COUNTRYWIDE HOM£ LOANS, INC,
4500 Park Granada, Calabasa.s.. CA 91302-1613
or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed to have
been g~ven to us or you when given in the manner designated herein.
RELEASE: Upon payment of all sums secured by this Mortgage s~d provided your obligation to m,ake further advances under the
Note has term~a~, you shall discharge fills Mortgage without charg~ to us, except that we shall I~Y any fees for recording of a
sadsfamion of this Mortgage.
OENERAL: You can waive or delay enforcing any of your rights under this Mortgage without losing them. Any waiver by you of
any provisions of this Mortgage will not be a waiver of that or any other provision on any other occasion.
THIS MORTGAOE has been signed by each of us under seal on the date first above written.
WITNESS:
£PH R BOHNE
Mo~pgor:NANCY ~*R BOHN£
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:-
STATE OFWYOMING, ~..~ County ss:
The foregoing instrument was acknowledged before me this , ["~' ' ~'~'
(person ,sclmowledgmg)
Nota~ Public
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