The URL can be used to link to this page

Home My WebLink About8894668 BOOK .r~,,~ ~. PR PAGE 8I c4 THIS MORT6A6E is made this S TEVEN J, 889466 MORTGAGE day of APRIL ROBERTS A~rD ROBIN R. ROBERTS, HUSBAND AND WIFE RECE VED LItxtOOLt'! OO~--/i~'~TY CLERK 2003 , between the Mortgagor, W~LLS FAR~O HOM~ MORTOAGE, INC. existing under the laws 0fTH~ STAT~. OF CALIFORNIA ~.0. ~0X 10304, DES HOIN'ES, IA 503060304 WHEREAS, Borrower is indebted !o Lender in the principal sum of U.S. $ indebt, zxtne.,s is evidenced by Borrower's nolo dated /oR:ri. ~3, (herein "Borrower"), and the Mortgagee, corporation organized and , whose address is (herein "Lender"). '*****'*"*'4,58~. 00 , which and extensions and renewals thereof (herein "Nom"), providing for monthly inst,'dlmenu of pri. r~ipal and interest, with the balmce of indebtedness, if not sooner paid, dueand payableon ~¥ o~, 20~ ; TO SECURE to Lender ~he repaymem of the ind.btcdne~s evidenced by the Note, with interest thereon; the payment of 811 other sums, with interest th,reon, adv~¢ed in ~ecordance herewith to protect the security of this Mortgage; and the perfom-,a~ce of the covenants and ,.greements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender, v,'iLh power of sale, the fotlowing described property located in the County of LIN¢0t,N State o_f Wyoming: LOT 2 OF Tltl~ QUARRY ~UBDIVISlON, LINCOL~ COUNTY, ~OM'I'~ A~ DESCRIBED O~ T~r~ OFFICIAL PLAT THERe. OF. 199~ YORK-CI{Alq~ION MIYD TA~ #NE~07833 & lq~B 07834 which has the address of 246 lrhM ST'P,.EET , K~I.'q)IIgRER , [Sweet] [City] Wyoming 83101 (herein "Property Addr~s ~'); [z~ TOOBTHBR with ~1 ~e improve~nts now or hereaher er~ted on the property, md all easement, rights, appunen~ceS ~fl rmt~, ~1 of which ~h~l be d~m~ to be ~d ~n a pa~ of the property covered by ~s Mo~gage; md all of ~e foregoing, together with said pmpegy (or the tea~hold ~tate if th[~ Mortgage is on a leasehold) are heminager referred to ~ the "Property." BOrrower coronets Sat ~ower is law~lly sewed of the estate hereby conveyed ~d has ~e right to mortgage, gr~t ~ conv~ the Pro.ny, ~d that ~e ?rope~ is unencum~r~, except for encumbr~ of r~ord. Bo~ow~r coroners that Bo~ower watt. ts md will defend generally ~e title to the Pro~y aga~t ~1 claims ~d demds, subject to eneumbr~s of r~ord, UNIFORM COVENANTS. Borrower ~d Lender Coronet and agr~ ~ follows: 1. Payment of ~inei~l and !nter~. Bo~ower shall pro~tly pay when due the princip~ ~d interest indebtedness evidenc~ bY the Note md l~e charg~ ~ provld~, in the Note. 2. Funds for Tax~ and I~an~, Subject to applicable law or a written waiver by Linde, Bo~ower sh~l pay to Lender on the day monthly paymenB of prlncipfl ~d interest ~e payable under ~e Note, until ~e Note is paid in ~11, a mm (herein "F~ds") equ~ to o~e-twelf~ of the yegly t~es and ~se~u (including mndomnlm ~d pl~cd uffit development ass~sments, if ~y) which ~y attain priority ovg ~i~ Morgue ~d ground renB on ~e ~epeny, if any, plus one-twelfth of yearly pre~um installments for hmrd insur~ce, plus one-twelf~ of yegly pre~um installments for mortgage insur~ce., if ~y, ~1 as rmsonably estimated inifi~ly ~d from ti~ to time by Lender on. the basis of assessments md bills ~d r~onable est~ates thereof. Bo~ower shall not be obllgamd to m~e such paym~ts of Funds to L~der to the extent that Bo~ower m~es such payments to the holder of a p~or ~ngage or d~d of tm~t if such holder is m in,timtional lend~_ WYOMING · S~COND MORTGAG~ - 1/80 · FNMA/~LMC UNIFORM INfTRUMENT Fo~ 3851 If Borrower pays Funds to Lender, the Funds shall be held in an in~itufion the deposits or accounts of which are insured or guaranteed by a federal or state agency (including I.~,der if Lender is such an institution). Lender Shall apply the Funds to pa7 said taxes, asse~menrs, in~urtmee premiums mad grOund rents. Lender may net charge tbr so holding and applying th,. Funds, analyzing said account or verifying and compiling said assessments and bills, unless L~nder 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 tkne of execution of this Mortgage that intere,t on the Funds shill be paid to Borrower, and unless such ~reement is made or applicable law requires such interest to be paid, Lender shall not be required to pa)' Borrower any interest or earrdngs on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the. l:und~ and the purpose for which each debit to the Ftmds was made. The Funds are pledged aa additional security for the ~ums secured by this Mortgagel If the amount of the Funds held by Lender, together with the future monthly installments of Funds payalfle prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, ~ssessments, insurance premiums Md grou~ rents as the)' fall flue, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly [nstallments of Funds. If the mount of the l%nd~ held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Leander 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 Me,gage, Lender shall promptly refund to Borrower any Funds held by Loader. If under paragraph 17 hereof the Prol~rty is sold or the Property is otherwi,e acquired by Lender, Lender shall apply, no later than immediately prlor to the sMe of the Property.or Its acqulshion by Lender, any Funds held by Lender at the time of application ~s a credit ~gainst th~ sums secured by this Mortgage. 3. Application o! Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note arm paragraphs 1 and 2 hereof shalI be applied by Lender ~rst in paym~t of mounts payable tc 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; Charge~; Liens, Borrower shall perform all of Borrower's obligations under any mortgage, deed of:mst or o'!er security agreement with a lien which ha~ priority over this Mortgage, including Borrower's covenanu to make payments when due. Borrower shall pay or cause to be paid all tn×es, assessments and other charges, fines and impo,itions attributable to the Property which may attain a priority over this Mortgage. and le~e.~old payments or ground teats, if any. 5, Hazard Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured again~ loss by fire, ha~.ards included witMn the term "extended coverage,, and sucl~ other h~z~r~ as Lender may require and in such amounts and for such periods as Lender may require. The insur~ce carrier providing the ir~urance shall be chosen by Borrower subject to approval by Lender; provided, that such tpproval shall not be unreasonably w~thheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and sh'.:dl include a standard mortgage clause in favor of md kn a form acceptable to Lender. Lender shall have the dgbt to hold the p~licies and renewals thereof, subject to the terrm of any mortgage, deed of trust or other ~,ecurity agreement with a lien which has priority over this Mortgage. In the evcnl of 1o~, Borrower shall give prompt notice [o the insurance c~rricr and Lender. Lender may make proo[ of los* 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 proceext~ at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage; 6. Preservation and M~intenance of Prop,try; Leaseholds; Coudominiurr~; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit itr~pairment or detefior, tion of the Property and shall comply with the pro~isions of ~ny lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a pla~med unit development, Borrower shall perform alt of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unil developmenL th~ by-laws and regulations of the condominium or planned unit developmer, t, and constituent documents. 7. Protection o! Lender', Security. If Borrower fails to perform the co','en~ts and agreements contained in thi~ Mortgage, or if any action or proceeding [, comrt~nc.ed which materml[y affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make suer appearances, disburse such sums, including reasonable attorneys' fees, and take ~uch action as is necessary to protect Lender', inlere~t. If Lender required mortgage insurance as a condition of making the lo~ secured by this Mortgage, Borrower shall pay the premi, mm 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 o.p~llcable law. Any mounts disbursed by Lender pursumt to this p~ragraph 7, with inter~r th. ere. on, 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 L~der to incur any ,xpense or take any action hereunder. 81, Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Proper[y, provided that Ler~der shall give Borrower notice prior to any such inspection ~p~ifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation, The proceeds of any tward or claim for damage~, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for convq,ance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, de~ of trust or other security agreement wt:h a lien which ha~ priority over this blor~gage. 10. Borrower Not Released; Forbearance l!y Lender Not a Waiver. Extension of the t~e for Payment or modification of amortization of the sums secured by this Mortgage granted by ~der 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 succe~.sor or re,se 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 forbear~cc by Lender in exercising any right or t'e~ed), hereunder, or otherwis~ afforded by applicable lmv, ~hall not be a waiver of or preclude the exercise of' any mcr right or remedy. Form 3851 T T 11, SucCeSsors and Assigns Bound; Joint and ~eral Liability; Co..signers. The covenants ad agreements herein contain~ shall bind, and the rights hereunder shall inur~ to, the res~ctive Succ~sors end assigns of' Lender and Borrower, · subject to thc provislons of paratlraph 16 hereof, All cow'nant, and agr~rn~nta of Borrower ~h~ll b~ joint and s~v~ral, 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 accoramodations 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. 1.2. 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 ststed herein or to such other ~dr~s as Lender may designate by notice to Borrower as provided herein, Any notice provided for in this Mortgage shall be deemed to have been givcm to Borrower or Lender when given in thc manner designated here~n. 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 li~i[ the applicability of federal law tO this Mortgage. In the even~ 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 giv~ effect without the conflicting provisiot~, aa¢l to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," ~ex~maes" and "attorneys' fees" include ail sums to the extent not prohibited by applicable law or limited herein, 14, Borrower's Copy. Borrower shall ~ 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, irr~rovernem, repair, or other loan agreement, which Borrower enters ires with Leader. Lender, at Lender's option, may require Borrower to execute and deliver to LePer, 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 rome to the Property. 16, Transfer of the Property or a Beneficial Intertst in Borrower. If rdl or any part of Ihe 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 ia full of all sums secured by this Mortgage. However, this option shall not be eaercised by Lender if exercise is prohibited by federal law a~ of the date of this Mortgage. If L~der exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not le~s than 30 days from th~ date the notice is ~elivered 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 r~medies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower md Lender farther covenant and agree as follows: 17. Acceleration; Rcmedi~, Excc'pt as p~ovtded in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay whsn due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 1~ hereof specifying: (i) the breach; (2) the action required to cure such bronchi (3) a date, not less than 10 days from thc date the notice is mailed to Borrower, by which s~ch breach must be cured; and (4) that failure to ettr~ such breach on or b~fore th~ date specified in the notice may result in acceleration of the sums seeu~fl by this Mortgage, The notice shall further Inform l~orrower of the right to reinstate after a~celerafion and the right to bring a court action to assert the none. xist~nee of a default or any other defense of Borrower to acceleration and sale. If th~ breach is not cured on or before the data specified in the no, ice, Lender, at lender's option, may declare ali of the sums secured by this Mortgage to be immediately due and payable without further rostand anti may ·invoke the power of ~ale and any other reanedi~ permitted by applicable law, Leader shall he rattled to collect all re~tsonable costs and t, xpcnses incurred in pursuing the remedies provlch~d in this paragraph 17, including, but not limited to~ r~asonable attorneys' fe~s. If Lender invokes the power of sale~ Lender shall give notice of intent to foreclose to Borrower and to th~ person in pe~s~'ion of the Property, if differenh in accordance with applicable law. I.~nder 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 the Property shall be sold in the manner prescrib~ by applicable law, Lender or Lander'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 costa of title evidence; (b) to all sums s~ured by this Mortgage; and (c) the excess, if any, to the parson or persons legally entitled thereto. 18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgag~ duc 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 Propeay punuant 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 ~en due under this Mortgage and the Note had no acceleration occurred; (b) Borrower c;tr¢s all breaches of any-other cove. nants or agreeraent$ of Borrower contained in this Mortgage; (c) Borrower pays ail 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, 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, L~nder's interest in the Proper~y and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, uhis Mortgage and the obligations secured hereby shall remain in full force and effect ~ if nO acceleration had occurred. 19. Araignm~nt of Rents; Appointment of Receiver; Lend~ in Po~st'~ion. As additional security hereunder, Borrower hereby assigns to Lender the rea~s 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 re. ts as they become due and payable. Form 3851 818 Upon acceleration under paragraph 17 hereof or abandonment of the Property. and at m~y time prior to the expiration of any l:eriod Of ~demption following judicial sale, Lend. er, in person, by agent or by judicially appointed receiver, shai! be entitled to enter upon,, take possession of ~md manage the Property and to collect the r~nts of ',he Property ir, eluding those pa~ due. All rent, collected by Lender or me receiver shall b~ applied first to payment of the costs of ma=agement of tke Property and collection of rents, including, bu't not limited to, receiver's fees, premium~ On receiver's bonds and reasonable attorncy.,' fees, and then tO the ~mm.~ s~eur~ by ~his Mortgage. Lender and the receiver ~all be liable to ~eeount only for those rents amually received. 20, Release, Upon payment of all sums secured by this Mor~gag=, Lender ,h,tl release this Mortgage without ch~ge to Borrower. Borrower shall pay all costs of recor~auon, it' any. 21. Waiver of Flom~tead. Bmrower hereby w~jves all right of home~te~d exemption in the Property. REQUEST FOR NOTICE OF DEFAULT · AND FORECL0StrRE UNDER SUPERIOR' MORTGAGES OR DEEDS OF TRUST Borrower and Lender re.quest the ho]der 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, of any default under the superior encumbrance and of any sale or other foreclosure .action. IN WITNESS WI4EREOF, Borrower Ms executed this Mortgage. -Borrower (Seal) .Borrower (Seal) -Borrower (Sign Original Only) STATE OF WYOMING, County s~; The foregoing instrument was a:knowledged before me this A.PRI~ 23, a003 by ST~V~ J. RObeRTS ~ ROBIN My Commi. o. II I qIO'O ROBERTS, ~TUSBAND AND WIFE Noury Publi-. [Space Below This Line Reser,,ed For Leacter a~d ~corderl (~®.76{WY} Form 3851