HomeMy WebLinkAbout888913Loan No: 023305508337
Borrower: BOND S HARMAN
Return to: AEGIS LENDING CORPORATION
ATTENTION: LOAN SHIPPING, REG10
P.O. BOX 84308
BATON ROUGE, LA 70884
Data ID: 192
RECEIVED
LINCOLN COUNTY CLEaK
BOOK ,~71_ {S PR PAGE
[Space Above This Line For Recording Data]
MORTGAGE
MIN: 100055102335083370
THIS MORTGAGE is made this 261h day of March, 2003, between the Mortgagor, BOND S HARMAN AND
GEORGETTE HARMAN , HUSBAND AND WIFE
(herein "Borrower"), and
AEGIS LENDING CORPORATION, a Corporation, organized and existing :ruder the laws of the State. of DELAWARE,
whose address is 10049 NORTH REIGER ROAD, BATON ROUGE, LA 70809
(herein "Lender").
WHEREAS, this Secnrity Instr.nment is given to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. ("MERS"). MERS is a separate corporation that is acting Solely as nominee for Lender (as hereinabove defined)
and Lender's snccessors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized
and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI
48501-2026, tel. (888) 679-MERS.
WHEREAS, Borrower is indebted to Lender in the principal sum of FIFIT-TWO THOUSAND and
NO/100 ..... Dollars (U.S. $ 52,000.00), which indebtedness is evidenced by Borrower's note dated March 26, 2003 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 April 1, 2018;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the
payment of all other snms, with interest thereon, advanced in accordance herewith to protect the sec.n_rity of this Mortgage;
and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage,
grant and convey to MERS (solely as nominee for Lender and Lender's s.nccessors and assigns) and to the snccessors and
assigns of MERS, with power of sale, the following described property located in the Connty of LINCOLN, State of
Wyoming:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND IVlADE A PART HEREOF
which has the address of 1357 MUDDY STRING RD,
[Street]
Wyomjng 83127
[Zip Code]
THAYNE,
[city]
(herein "Property Address");
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appnrtenances 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 ii' this Mortgage is on a leasehold) are
hereinafter referred to as the "Property." Borrower nnderstands and agrees that MERS holds only legal title to the
interests granted by Borrower in this Secnrity Instrnment; bnt, if necessary to comply with law or enstom, MERS (as
nominee for Lender and Lender's snccessors and assigns) has the right: to exercise any or all of those interests, inclnding,
b.nt not limited to, the right to foreclose and sell the Property; and to take any action reqnired of Lender inclnding, b.nt
not limited to, releasing and canceling this Sec.nrity Instrnment.
Borrower covenants that Borrower is lawf~lly seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property, and that the Property is nnenc.nmbered, except for encnmbrances of record. Borrower
covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,
snbject to encnmbrances of record.
WYOMING - SECOND MORTGAGE - 3/98 - FNMA/FHLMC UNIFORM INSTRUMENT
Modified by Middleberg, Riddle & Gianna
0233055083370130
Form 3851 (Page 1 of 6 Pages)
683
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when d.ue the principal and interest
indebtedness evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes aud Insurance. Snbject 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 fi. ill, a sam (herein "F]mds") eq_ual to one-twelfth of the yearly taxes and assessments (inclnding condomininm and
planned .unit development assessments, if any) which may attain priority over this Mortgage and gronnd rents on the
Property, if any, plns one-twelfth of yearly preminm installments for hazard insurance, pl.n_s one-twelfth of yearly preminm
installments for mortgage insnrance, 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 snch payments
of F.~nds to Lender to the extent that Borrower makes s.uch payments to the holder of a prior mortgage or deed et' tr_ust ·
if snch holder is an institutional lender.
If Borrower pays Fnnds to Lender, the F.unds shall be held in an institntion the deposits or acco.~nts of which
are insnred or gnaranteed by a federal or state agency (incl.uding Lender if Lender is s_uch lin institntion). Lender shall
apply the F.unds to pay said taxes, assessments, insnrance premi.ums and L, rmmd rents. Lender may not charge for so
holding and applying the Fnnds, analyzing said acconnt or veri~ing and conOiling said assessments and bills, nnless Lender
pays Borrower interest on the F.unds and applicable law permits Lender to make snch a charge. Borrower and Lender
may agree in writing at the time of execmion of this Mortgage that interest on the Fnnds shah be paid to Borrower, and
nnless s.uch agreement is made or applicable law req.uires s.uch interest to be paid, Lender shall not be req_uired to pay
Borrower any interest or earnings on the F.unds. Lender shall give to Borro~ver, withont charge, an ann.ual acco.unting
of the F.unds showing credits and debits to the F.unds and the p.urpose/bt which each debit to the Fnnds was made. The
Fnnds are pledged as additional secnrity for the sams secnred by this Mortgage.
If !he amonnt of the Fnnds held by Lender, together with the 15m~_re monthly installments of Fnnds payable prior
to the d.ue dates of taxes, assessments, ins.urance premmms and gte)md rents, shall exceed the amonnt reqnired to pay
said taxes, assessments, ins.urance preminms and ground rents as they fall dne, s.uch excess shall be, at Borrower's option,
either promptly repaid to Borrower or credited to Borrower on monthly installments of F.unds. If the amonnt of the
Fnnds held by Lender shall not be snfficient to pay taxes, assessments, insnrance preminms and gronnd rents as they fall
dne, Borrower shall pay to Lender any amo.unt necessary, to make .up the deficiency m one or more payments as Lender
may reqnire.
Upon payment in 15ill of all s.ums secnred by this Mortgage, Lender shah promptly refnnd to Borrower any Fnnds
held by Lender. If nnder paragraph 17 hereof the Property is sold or the Property is otherwise acq]~ired by Lender,
Lender shall apply, no later than immediately prior to the sale of the Property or its acqnisition by Lender, any Fnnds
held by Lender at the time of application as a credit against the s.ums sec.ured by this Mortgage.
3. Application of Paylnents.' Unless applicable law provides otherwise, all payments received by Lender :~nder
the Note and paragraphs i and.2 hereof shah be applied by Lender first in payment of amonnts payable to Lender by
Borrower .under paragraph 2 hereof, then to interest payable on the Note, lind then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perlbrm all of Borrower's obligations
.under any mortgage, deed of trnst or other sec.urity agreement with a lien which has priority over this Mortgage, inclnding
Borrower's covenants to make payments when d.ne. Borrower shall pay or canse to be paid all taxes, assessments and
other charges, fines and impositions attrib.utable to the Property which may attain a priority over this Mortgage, and
leasehold payments or gro.und rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insnred against loss by fire, hazards included in the term "extended coverage" and any other hazards, [br which Lender
reqnires insnrance, inclnding, bit not limited to, floods or flooding, earthq:~akes or hnrricanes (whether or not snch
hazards are req.uired to be insnred against at the time the Loan is made). All insnrance reqnired by Lender shall be
maintained in the anio.unts and for the periods that Lender reqnires. The insnrance carrier providing the ins.urance shall
be chosen by Borrower s.ub.ject to Lender's approval, which shall not be .unreasonably withheld. In the event the Property
improvements are now, or at any time daring the term of this Sec.urity Instrnment are determined to be, in a Special Flood
Hazard Area, Borrower mast obtain and maintain flood ins.urance.
Borrower acknowledges and agrees that failnre to ins.ute the Property, which is the security for this agreement,
according to the terms and conditions of this paragraph 5 is an event of defanlt s.ub.ject to the remedies available to
Lender .under this agreement. If Borrower fails to obtain or maintain any coverage described herein, Lender may, bat
shall have no dnty to, obtain snch coverage or s.ubstantially eqnivalent coverage with an ins.urance carrier of Lender's
choice, protectin,t only Lender's interest in the Property in accordance with paragraph 7, ali at Borrower's expense.
Lender shah have no d.uty or obligation to obtain any insnrance protecting Borrower's interest in the Property, or covering
risks for which Lender has not reqnired ins.urance, as described in the first paragraph of this paragraph 5, even if Borrower
has previonsb, obtained or maintained snch insnrance coverage, including, withont limitation, a homeowners policy. Lender
may, in its sole discretion, obtain ins.urance in whatever amonnts and types Lender deems adeqnate to protect Lender's
interest in the Property, regardless of the .unpaid balance remaining nnder the Note or the amo.unts remaining dne .under
this Secnrity Instr.ument. For this p.urpose, Lender will deem its interests to be adeq.uately protected by an insnrance
policy with coverage eq.ual to the value of the improvements located on the Property scenting Borrower's loan. Lender
may determine the value of the improvements by assnming as accnrate the valne assigned to the iinprovements in the
ins.urance policy that Lender's records reflect was most recently held by Borrower prior to the insnrance policy obtained
by Lender. Borrower acknowledges and agrees the arno:mt may not be eqnal to the act.ual val.ue or replacement valne
of the improvements, and any snch insnrance Lender obtains may not protect Borrower's interest in the Property.
Borrower acknowledges and agrees that the cost of the insurance coverage so obtained by Lender may significantly
exceed the cost of insnrance Borrower co.uld have obtained, as described in the first paragraph of this paragraph 5, if
Borrower had p.urchased the ins.urance directly, and B~rther may provide Borrower with less or no insnrance coverage
protecting Borrower's interest in the Property: Borrower f.urther acknowledges and agrees that Lender may obtain any
snch insnrance directly or throngh an insnrance agency or insnrer affiliated with Lender and Lender or Len~ler's affiliate
may receive a commission or other compensation in connection with obtaining snch insnrance.
All ins.urance policies and renewals shall be acceptable to Lender and shall inclnde a standard mortgagee clanse.
Lender shall have the right to hold the policies and renewals. If Lender req:dres, Borrower shall promptly give to Lender
all receipts of paid preminms and renewal notices. In the event that Borrower cancels a policy on the Property and
Borrower replaces it with a different policy, Lender may Charge Borrower a reasonable fee (s.ubject to applicable law,
if any) to change its records to reflect the new policy. In the event of loss, Borrower shall give prompt notice to the
insnrance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. in the event Lender
acqnires the Property throngh foreclosnre or otherwise, Borrower assigns to Lender its rights to any refnnd of .unearned
premi.ums and any other rights of Borrower .under the insnrance policy.
Form 3851 3/98 (Page 2 of 6 Pages)
68,:1
Loan No: 023305508337
Data ID: 192
To the extent Borrower obtains any form of insurance coverage for the Property witho.ut being directed to do so
by Lender, such as flood, earthq:mke or h]~rricane coverage, s.uch polio3, shall incl.ude a standard mortgagee clause and
shall name Lender as mortgagee. Any ins.urance proceeds from s.uch policy shall be additional sec.urity for the Note and
Lender shall have the same rights to s.uch policy and proceeds as it has with regard to Lender-req:fired ins !rance policies
discussed in this paragraph 5.
Unless Lender and Borrower Otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, it'; at Lender's sole discretion, the restoration or repair is economically feasible and Lender's
sec.urity is not lessened. D.uring such' repair and restoration period, Lender shall have the right to hold s.uch ins.urance
proceeds .until Lender has had an opportunity to inspect s:mh Property to ens.ure the work has been completed to
Lender's satisfaction. Lender shall have the right to ded.uct fees for s.uch inspections from the ins_urance proceeds ~mless
prohibited by apphcable law or regulation. Fees for public adj.usters or other third parties retained by Borrower shall not
be ded.~mted from the proceeds and shall be the sole and separate obligation of Borrower. If, in Lender's sole
determination, the restoration or repair is not economically feasible or Lender's security would be lessened, the ins.urance
proceeds shall be applied to the sams sec.ured by this Security Instrument, whether or not then d:m, with any excess paid
to Borrower. Borrower shall remain responsible for any s.ums remaining d.ue and payable .under the Note and this Security
Instrument. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the
ins_urance carrier has offered to settle a claim, then the proceeds will be amomatically assigned to Lender. Lender may
use the proceeds to repair or restore the Property or to pay sams sec:~red by this Sec:~rity Instrument, whether or not
then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the d.ue date of the monthly payments referred to in paragraphs 1 and 2 or change the amo:~nt of the
payments of principal and interest d:~e nnder the Note. If nnder paragraph 21 the Property is acquired by Lender,
Borrower's right to any ins_urance policies and proceeds resulting from damage to the Property prior to the acq_uisition
shall pass to Lender to the extent of the'sams secured by this Secmity Instr.ument immediately prior to the acqmsition.
The provisions contained in this paragraph 5 are subject to limitations Jmder applicable law, if any.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Plnuned Unit Developments.
Borrower shall keep the Property in good repak and shall not commit waste or permit impairment or deterioration of the
Property and shall comply with the provisions of any lease it' this Mortgage is on a leasehold. If this Mortgage is on a
nnit in a condominium or a planned nnit development, Borrower shall perform all of' Borrower's obligations .under the
declaration or covenants creating or governing the condominmm or planned .unit development, the by-laws and reg:ilations
of the condom/ninm or planned nnit development, and constituent doc.uments.
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 s.ums, 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 req~dred to
maintain s.uch insurance in effect :~ntil s~lch time as the req:firement for such insurance terminates in accordance with
Borrower's and Lender's written agreement or applicable law.
Any amonnts disbursed by Lender p.ursnant to this paragraph 7, with interest thereon, alt the Note rate, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms
of payment, such amonnts 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 herennder.
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 related
to Lender's interest in the Property.
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 lien of condemnation, are
hereby assigned and shall be paid to Lender, subject to the terms of an}, mortgage, deed of trust or other secmity
agreement with a hen which has priority over this Mortgage.
Ill. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time fbr payment or
modification of amortization of the sams sec.ured 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 s:!ccessors in
interest. Lender shall not be required to commence proceedings against s:mh successor or relhse to extend time tbr
payment or otherwise modify amortization of the sams 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
herennder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any s:]ch 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 here.under shall imlre to, the respective s:~ccessors 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, Nit 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 nnder this Mortgage, and (c) agrees that Lender and any other Borrower here.~nder
may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or
the Note witho:lt that Borrower's Consent and witho.ut releasing that Borrower or modifying this Mortgage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required nnder 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 maihng s.uch notice by certified mail
addressed to Borrower at the Property Address or at s.uch 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.
Form 3851 3/98 (Page 3 of 6 Pages)
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of thc
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 withom 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" incb~de all s.~ms to the extent not prol~bited by apphcable law or limited herein.
14. Borrower's Copy. Borrower shall be 15~rnished a conformed copy of the Note and of this Mortgage at the
time of execmion or after recordation hereof.
15. Rehabilitation Loan Agree~nent. Borrower shall bdfill all of Borrower's obligations nnder any home
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, att Lender's
option, may require Borrower to execme and deliver to Lender, in st form acceptable to Lender, an asagnment of' any
rights, claims or defenses which Borrower may have against parties who supply labor, materials or sen,ices in connectioh
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 at
natural person) without Lender's prior written consent, Lender may, att its option, require imrnediate payment in B~_i1 of
all sums secured by tlfis 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 accelerahon. 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 pa}, these sums prior'to the expiration of this period, Lender may invoke
any remedies permitted by this Mortgage withom B~_rther 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, upou Borrower's breach of any
covenaut or agreement of Borrower in this Mortgage, including the covenants to pay when tine auy sums secured
by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof
specii~ing: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 1(} days fi'on! the
date the notice is mailed to Borrower, by which such breach nmst be cured; and (4) that failure to cure such breach
on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage. The
notice shall further inform Borrower of the right to reiustate after acceleration and the right to bring a court action
to assert the nonexistence of a default or any other defeuse of Borrower to acceleratiou and sale. If the breach is
uot 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 eutitled 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 Leuder invokes the power of sale, Lender shall give notice of intent to t~reclose to Borrower and to the
person iu 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 mmmer provided in paragraph 12 hereof. Lender shall lmblish the notice of
sale and the Property shall be sold iu the ~nauner prescribed by applicable law. Leuder or Lende,-'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, lint not limited to, reasonable attorneys' fees and costs of title
evidence; (b) to all stuns secured by this Mortgage; and (c) the excess, if any, to the person or persons legally
entitled thereto.
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 an}, proceedings begnn by Lender to enforce this
Mortgage discontin.~md at any tmie prior to the earlier to occur of (i) the fifth day befbre sale of the Property pursuant
to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays
Lender all sums which would be then due nnder this Mortgage and the Note had no acceleration occ.~rred; (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 17 hereof, including, bm 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 nnimpaired. 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 iu Possession. As additional security herennder,
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 nnder paragraph 17 hereof or abandonment of the Property, and at any time pr/or 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 l~es, 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 acconnt only for those rents actually received.
2(}. Release. Upon payment of all sums secured by this Mortgage, Lender shall release the Mortgage to Borrower.
To the extent permitted by applicable law, Borrower is responsible for all costs associated with cancelling this Mortgage
including, bm not limited to, any fee paid to a third party for the preparation and recordation of any legal doc_~_ments as
well as any fee paid to a pnbl/c official.
Form 3851 3/98 (Page 4 of 6 Pages)
LoanNo: 023305508337 O~J~-~'7~ 68~Data ID: 192
21, Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property.
22. Agreement to Mediate or Arbitrate. READ THIS AGREEMENT CAREFULLY. IT LIMITS CERTAIN
OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT. In this agreement to mediate or arbitrate
(this "Agreement"), (1) "Transaction" means any (a) payment of money, (b) transfer or exchange of property or any other
thing of valne, (c) any one or more past, present, or f:m~re extensions of, advertisement, solicitation, applications for, or
inqniries abont, credit, or forbearance of payment, such as a loan, a Credit sale, or otherwise, f¥om Lender to Borrower,
inclnding this Transaction, (d) gift, or (e) promise to enter into a Transaction, and (2) "Claim" means any case,
controversy, disp.me, tort, disagreement, lawsnit, claim, or co:mterclaim, and other matters in qnestion now or hereafter
exisfing between Lender and Borrower· A Claim inclndes, withont limitation, anything arising o.~n of, in connection with,
or relating to: (a) this Agreement; (b) to the advertisement, sohcitation, application, processing, closing or servicing of this
Transaction or any instrnments execnted in conjnnction with it (collectively the "Loan Agreements" incl::ding bnt not
limited to the terms of the loan, representations, promises, .undertakings or covenants made relating to the Loan, or Loan
Agreements execnted in conjnnction with the Note and this Secnrity Instrnment, services provided :ruder the Loan
Agreements, and the validity and constrnction of the Loan Agreements); (c) an5' Transaction; (d) the constrnction,
mannfacmre, advertisement, sale, installation or servicing of any real or personal property which sec~.~res this Transaction,
(e) any past, present, or fntnre insmance, service, or pro&mt that is offered or sold in connection with a Transaction; (f)
any docnments or instr.,~ments that contain information abont or docnment any Transaction, insnrance, sen, ice, or prodnct;
and (g) any act or omission by Lender regarding any Claim.
Mediation. Except as set forth below, all Claims, shall be MEDL4.TED prior to the filing of any legal proceeding
related to any dispnte relating to this Transaction. If Borrower and Lender cannot agree on the selection of a mediator
for a dispme, the mediator shall be selected as follows: within 5 bnsiness days of the notice that either Borrower or Lender
have decided to mediate, Borrower and Lender shall each name a mediator and notify that mediator and the other party
of the selection. Within 5 bnsiness days of their selection the mediators shall jointly select an independent mediator to
mediate the dispme. The mediation shall occnr not later than 30 days after the mediator is selected at a time and place
mmnally convenient to all parties within a fifty-mile radms of Borrower's residence.
Borrower and Lender agree to participate in the mediation in good faith with the intention of resoMng the
dispme, if possible. Legal connsel may, bm is not reqmred to represent Borrower or Lender at the mediation. Ail
mediation sessions will be private and all information disclosed tinting the mediation will be confidential. The mediator
may prescribe other rnles for the mediation. Expenses of the mediation incb~ding the mediator's fee shall be shared
eqnally between Lender and Borrower. Attorneys' fees and related expenses are each party's responsibility. This Agreement to mediate is specifically enforceable.
If for any reason the mediation is not completed within 45 days after the mediator is selected, or if after the
mediation, any Claim is still nnresolved, snch Claim shall be resolved solely and exclnsively by arbitration in accordance
with this Agreement.
Arbitration. To the extent allowed by applicable law, any Claim, except those set forth below, shall be resolved
by binding arbitration in accordance with (1) the Federal Arbitration Act, 9 U.S.C. §§ 1-16; (2) the Expedited Procednres
of the Commercial Arbitration Rnles of the American Arbitration Association (the "Arbitration R::les") then in effect; find
(3) this Agreement. If the terms of this Agreement and the Arbitration Rnles are inconsistent, the terms of this
Agreement shall control. A copy of the Arbitration Rnles, free of charge, may be obtained by calling (800) 778-7879.
The laws applicable to the arbitration proceeding shall be the laws of the state in which the property which secnres the
Transaction is located. The parties agree that the arbitrator shall have all powers provided by law, this Agreement, and
the Loan Agreements. However, the arbitrator shall have no power to vary or modify any of the provisions of the Loan
Agreements. Any party to this Agreement may bring an action in any conrt having jnrisdiction, incl:~ding a snmmary or
expedited proceeding, to specifically enforce this Agreement, or to compel arbitration of any Claim. An action to
specifically enforce this Agreement, or a motion to compel arbitration may be bronght at any time, even after a Claim
has been raised in a conrt of law or a Transaction has been completed, discharged, or paid in Ihll.
Place of Arhitration. The arbitration shall be condncted in the connty of Borrower's residence, or at any other
place mmnally acceptable to the Lender and the Borrower.
Timing of Hearing. The arbitration hearing shall commence within Iorty-five (45) days of the demand for
arbitration.
NO CLASS ACTIONS; NO JOINDER OF PARTIES; WAIVER OF RIGHT TO .JURY TRIAL. THE
ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING INCLUDING A TRIAL BEFORE A
JUDGE OR A JUDGE AND JURY. ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL
BASIS, AND NOT AS PART OF A COMMON OR CLASS ACTION. IT IS EXPRESSLY ACICNOWLEDGED AND
AGREED BY BORROWER AND LENDER THAT ANY PURPORTED COMMON ISSUES OF LAW OR FACT
SHALL BE RESOLVED ON SUCH AN INDIVIDUAL BASIS. IF THE APPOINTED ARBITRATOR SHOULD
AWARD ANY DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES AND
SHALL IN NO EVENT INCLUDE CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR TREBLE DAMAGES AS
TO WHICH BORROWER AND LENDER EXPRESSLY WAIVE ANY RIGHT TO CLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW.
· Judg~nent. The award rendered by the arbitrator shall be final, nonappealable and jndgment may be entered
.upon it ~n accordance with applicable law in any conrt having jnrisdiction thereof.
Conlidentiality. Borrower and Lender agree that the mediation and arbitration proceedings are confidential.
The information disclosed in snch proceedings cannot be nsed for any pnrpose in any other proceeding.
Claims Excluded from Mediation and Arbitration. Notwithstanding the foregoing, neither Borrower nor Lender
can req.uire the other to mediate or arbitrate (i) foreclosnre proceedings, whether pnrs.qant to jndicial action, power of
sale, assent to a decree or otherwise, proceedings pnrsnant to which Lender seeks a deficiency jndgment, or any
comparable procednres allowed .under applicable law pnrsnant to wtfich a lien holder may acqnire title to or possession
of any property which is secnrity for this Transaction find any related personal property (inclnding an assignment of rents
or appointment of a receiver), npon defanlt by the Borrower on the Transaction or (ii) an application by or on behalf'
of the Borrower for relief nnder the federal bankrnptc3, laws or any other similar laws of general application for the relief
of debtors, thro.qgh the institntion of appropriate proceedings; (iii) any Claim where Lender seeks damages or other relief
becanse of Borrower's defmflt nnder the terms of a Transaction; or (iv) any Claim on which relief conld be granted by
the small claims conrt in Borrower's jnrisdiction. Enforcement of this section will not waive the right to arbitrate any other
Claim, inclnding a Claim asserted as a connterclaim in a laws.nit bronght nnder this section.
Effect of Rescission. If' Borrower has the right to rescind this Transaction, rescinding it will not rescind this
Agreement.
No Other Arbitration Agreements, This Agreement is the only agreement between Lender and Borrower
regarding alternative dispnte resol.ution, and snpersedes any prior agreements to mediate or arbitrate Claims. This
Agreement may only be modified by a written agreement between Lender and Borrower.
BORROWER AND LENDER AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY OF ANY AND ALL
CLAIMS.
Form 3851 3/98 (Page 5 of 6 Pages)
68'7
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender reqnest the holder of any mortgage, deed of tr.ust or other enc.umbrance 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, of
any defanlt nnder the snperio.r encnmbrance and of any sale or other foreclosnre action.
IN WITNESS WHEREOF, Borrower has execnted this Mortgage.
...................... (sea)
GE£ RGETIFE HAlk"MtfkN --Borrower
[Sign Original Only]
State of .~L~G §
Connty of §
The foregoing Jnstrnment was acknowledged before me this day of /hA-4~z~-~-- , 200___~by
BOND S HARMAN AND GEORGETTE HARMAN
Witness my hand and official seal.
[Seal]
My commission expires:
~~ ' ~Notary Pnblic
~t'k.J ~ ~-] [(prl~inted Name)
Form 3851 3/98 (Page 6 of 6 Pages)
Loan No: 023305508337
Borrower: BOND S HARMAN
Data IDi 192
LEGAL DESCRIPTION
A Parcel of land located in the NEI/4NEI/4, Section 13, T34N, Rll9W, Lincoln
County, Wyoming, and being a portion of that record tract in Book 173 P.R.,
Page 147, in the Lincoln County Clerk's Office, and being more particularly
described as follows:
Beginning at a spike in the county road, South 397.87 feet from the Northeast
corner of said Section 13, where is found a spike in the county road witnessed
30.00 feet East and West by BLM type brass caps SE+ by RLS 578; thence South
402.33 feet along the east line of said Section 13 to a spike in said county
road; thence N89"32'OO,W, 306.25 feet to a point; thence North, 397.44 feet to
a point; thence N89"33,06,E, 306.25 feet along a post and pole fence to the
Point of Beginning.
This Real Estate Mortgage is second and subject only to a First Real Estate Mortgage
recording concurrently herewith in favor of Aegis Lending Corporation dated March 26,
2003 in the original amount of $208,000.00
0233055083370133
(Page 1 of I Pages)