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Home My WebLink About878171 p~l^ au, 1~, ,Ut ~' ~B~O~ ' : 9572496 - l MORT A I - THIS MORTGAGE is m~e this 7wR day of DECAYER , 2001 , between tim ~FAEL B~VO ~ ~RiA D, B~V0, ~SB~ ~ WIFE (herein "Borrower"), and the Mortgagee, W~.LLS FARGO HOME MORTGAGE, I~C · , a corporation organized mid cxisting undcr ihulawsofT~ STATE OF CALI~O~A , wh0s~ addreSS ~.0. ~OX 5157, D~S MOI~S, IA 503065137 (her~in "Lend=r"). WHER[{AS, B6rrower is hldeb[ed [o Lender in tile principal slim of U.S, $ ************4,289.00 , which indebtedness is evidenced by Borrower's note dated DZe~R 07, 2001 ~d emensions m~d renewals Ihereof (lmrein "Nora"), providing lbr montlfly instalhnen~s of principal ad interest, wiih the balance of indebtedness, if not som~crpaid, due and payable on J~ARY 0Z, 20f0 TO SECURE to I.cndcr the repayment or the indebtedness cviden~d by lhc Note, with interest thcr~n; the payment of all olher sums, with interest fl~ereon, advanced in accordance herewith to pr°leer the ~ecurity of this Mortgage; ~d thc performance or the covenants ~d agreements of Borrower herein contained, Borrower does hereby mortgage, gram and convey to l.,cnder, with power of sale, th~ [bllowiag described property located in lhe County Site of Wyoming: ' LOT 509 OF PALLS P~K FIFTH DDITION TO THE TO~ OF ALPI~, LI~COLN~ CO~rY, WXOMIRG~ ACCORDING TO T~T P~T FI~D ~CH 13, 2000 A~ INSTR~ NO. 87~094 PLAT NO. 255-A, 20D1 NASHUA MODEL ~5228 ~ TA~ ~IDA'S 195648 7 ~198647 which 1,ts the address of 166 PARKWAY DRIVE , ALPINE Wyuming 831~ 8 (herein "Property Address"); [211J TOGETHER with all the improvements now or hereafter creeled on thc pr0pcrty, and all casements, rights, appuricn~ccs ;iud rems, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the tbregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property," · Bm'rower covenants that BOrr0wcr 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 for encumbrances of record. Borrower ~venants that Borrower warrants and will del%ed generally thc thlc to the Property against all claims and demands, subject m encumbrances of record. UNIYORM COVENANTS, Borrower and Lender covenant ~d agree as foll~$: 1, I'aymen{ of Principal and Inler~t. Borrower shall promptly pay when due the principal and interest indebledness evidenced by the Note and late charges as provided in tl~e Note, 2. I,'und~ far Taxes and insurance, Subject to applicable law or a written wuiver by l.endcr, Borrower shall pay to Lender on the day monthly payments of principal ~d interest m'e payable under the Note, until the Note is paid in thll, a sum (herein "Funds") equal to one-twelfth of the yearly taxes m~d assessments (including condominium and planned unit developmen~ assesstnems, if ~xy) wlfich may atkain priority over this Mortgage mid ground rents on the Property, if rely, plus eric-twelfth of yearly premium installments lbr h~ard insurance, plus onc-twclllh of yearly premimn installments tbr mortgage insucance, if any, all as reasonably estlmatcd initially axld from thne to time by Lender on ibc baals of assessments m~d bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds t0 Lender t0 thc extent that Borrower makes stroh payments to the holder of a prior mortgage or deed of trust if such holder is an institulional lender. [WYOMING- SECOND MORTGAGE. 1/80. FNMA/FHLMC UNIFORM INSTRUMENT -76[WY) I65i2) O1 VMP MORTGAGE FOR~S -{8001521 J291Inmfi;du DE -IO-2 m 01:08 ?/i NO, P, 08 If Borrower [)%,S Punds to ~ndct, thc Funds shall be held in an institution the deposits or accounts of which arc insured or guaranteed by a federal or state agency (including Imnder if Lender is such an institution), ~nder shall apply the Fends to pay Said taxes, assessmenm, insurance premiums and ground rents. Lender may not charg~ for so holding and ~tpplying Funds, analyzing said account or refilling and compiling said assessments and bills, unless Lender pays Borrower iuterest on tile }:?Ol~ds and applicable law permits Lender to m~e such a ch~ge. Borrower and Lender may agree in writing at the time of execution of this Mortgage /hat interest tm tho Funds shah be paid to Borrower, ~d unless such agreement is made or apl)licfl~le law requires such interest ~o be paid, Lender shall not be reqnired to pay Borrower any interest or e~rnings on the Ful~ds. l,cnder shrill give to Borrowor, without Charge, an annual accounting of the Funds showing credits ~d debits to the funds ~Dd the purpose for which each debit to the Funds was made. The Funds are pledged as additional security Iht tim sums secured by this Mortgage. If the anmunt of the I~unds held by Lc,dee, together with the ~tnre monthly installmenm of Funds payable prior to the due d~tes of rexes, Hssossmems, insurance premiums and gn)und runts, Shall exceed the mnoum required to pay said taxes, assessments, insunmce premiums and ground rents as lhey fall due, such excess shall be. at Borrower's option, either promptly tel)aid ta Bol'rower or cmdked to Borrower On monthly iustalhnems of Fu~ds. If the ~ount of ~l~e Funds held by Lender shall not be suflbcient to pay taxes, ~ss~ssments, insuranc~ premiums and ground rents as they fall due, Borrower shall pay to Lender a~ly ~l~()Ullt necessary m make ~p the deficiency in one or more payments as ~nder may require. Upon payment in full of all stuns secured by this Mortgage, Lender shall promptly re,nd to Borrower any Funds held by Lm~dcr. I f under paragraph 17 hereof thc Property is sold or the l'roperty is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Properly or its acquisition by ~nder, any Funds held by L~nder at tl'ag time of application as a credit against the sums secured by this Mortgage. 3. Application o~ l'aymenls. Unless ~pplieflfie law provides otherwise, fll payments received by Lender under the Note add Imrt~graphs 1 ~md 2 hereof shall be applied by Ixnder first in payment of ~ounls payable to ~ndcr by Borrower under paragraph 2 hereof, t~en to interest payable on the Note, and then to tim principal of the Note. 4. Prior Mortgages and Deeds of Teustl Charges~ Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or Other security ~gr~mont wJlh a lie~ which has priorily over lhis Mortgage. including Borrower's covenauts to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments m~d other charges, fines m'~d imposifiox~s altribuUtblo to the Property which may attain a priority over this Mortgage, and leasehold payments or ground relHs, if m~y. 5, Huzard Insurance. Borrower shall keep th~ improvements now existing or hereafter erected on the Property insured against loss by fire, h~nrds included within the term "ex,ended coverage," m~d such other h~ards as Lender may require and such mnounts and ~br suctl periods as Lender may require. Tho insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such ~tpprovnl shall not be unreasonably withheld. All insurmme policies ~d renewals thereof shall be in a form acceptable m Lender and shall include a. standard mortgage clause in t~vor o~' antl in a lbrm acceptable to Lender, Lender shall have the right tO hold Ihe policies m~d renewals thereof, subject m the terms of may mortgage, deed of trust or other security agreement with lien which has priority over this Mortgage, tn llm event of loss, Borrower slmll give prompt notice to the insurm~ carrier mad Lender. ~nder may m~e proof of loss .if not made promplly by Borrower. Il'the Prat)ct'fy is abmxdoncd by Borrower, or if Bogower fails to respond io Lender within 30 days from the date notice is totaled by l.endvr ~o Borrower Ihat the insurance carrier offers to settle a claim for insurm~ee benefits, Lender is aulhorized to collect m~d apply the instltance proceeds at Lender'~ option either to restoralion or repair of the Property or to the sums secured by this Mortgagm 6. Preservation and Maintenance af IffoDertyl Leaseholdsl Cond~minium~l Plannnd Unit Devdopments. Borrower shall keel) lhe Property in good rept~ir drift shall not commit wasto or permit impairment or delerion~tion of the Property ants shrill comply wilh the provisions of any lease if fids Mortgage is o1~ a leasehold. If this Mortgage is on a unit in a condominium o~'a plammd unit development, Borrower shall porlbrm all of Borrower's obligations under the declarmion or covenanls creating or governh~g llm eondomlnium or pIanned unit development, d~e by-laws m~d regulations of the condominium or plmmed development, and constituent documents, 7, Protection of Lender's Security, If Borrower fails to perform tl~e covenmats ~d agreements contained in this Mortg~ge, or if any action or proceeding is commene~ which materially affects Lender's interest in the Property, then Lender. at Lender's option, upon no~icc to Borrower, may make such appearances, disburse such ~ums, inuluding r~asom~ble attorneys' ~'cs, and take such ncllon as is necessary io protect Imqder's interest. If Lender required mortgage insurance as a condition of maklng tho loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurmme in effect until such lime as the requiremmx~ lbr suotl insuranc~ [crminates in accordance with Borrower's ~d Lender's written agreement or ;ipplict~ble law. Any ~mounts disbursed by Lc,der imrsu0nt to this pnmgri~ph 7, wilh interest lhereon, l~t the Note rnle, shall become Mditioaal hxlebledDess of Borrower secured by this Mortgage. Unless Borrower and ~ndcr agree to other terms of paymem, such amotmts shall be payable upon notice from Lender to Borrower req,esting payment thereof. Nothing coutained in this paragraph 7 shall reqt~ire Lender lo incur ~3' expense or t~e m~y action hereunder. 8. Inspection. Lender may ma~o or cause to be made reasonable entries upon and inspc~tkms of t~e Property, provided tlx~,t LeHder shall give Borrower notice prior to any such inspection specifying reasonable c~use therefor related to Lender's in[crest in the Property. 9, Condemm~tion. The proceeds of m~y award or claim for dredges, direct or consequential, in connection with any condemnation or other ta~mg of Ihe Property, or part lh0rcof, or tbr conveyance in lieu el COndemnatiOn, ate hereby assigned ~nd shall be ~aid to Leiidet, subject to the te~s or any mortgage, deed Of trust or other security agreement with a lien which has priority over lhis Mortgage. 10. Borrower Not Rdeased; Forbearance By Lender Not n Waivcr. Exgnsion of the time for payment or modification of mH0rlizalio~ uF Htr sums secured by this Mortg~tge gnmted by Lender to any successor in interest of Borrower shall not opcrme to release, in any mauner, lhe liability of the original Borrower m~d Borrower's successors iu interest, Lender shall not be required to commence proceedings hgainst Such succcs.~or or rc~se to extend time for p~yment or otherwise modify amOrllziHiOn of tho sum~ Secured by ~his Mop, gage by reason of any demand xmqde by the original Borrower and Borrower's successors in inlerest. Any forbear~mce~by ~ndec in exercisil~g ~y right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of ~y such right or remedy. Form 3851 I 1, Successors ~nd A.~slgns Boundl Joint and Several Liability; Co-sJgoer,q, The covenants and agreements herein contained sMII bind, and tl~a rights harcundur shall inure to, fl~e r~spective successors and assigns of Lendur and Borrower, subjeut lo Ilia provisions of paragraph 16 hereof. All covenana a~d agreements of Borrower shall be joilli ~lld s~veraL Any Borrower who ~i~-signs lifts Morlgage, but docs not execute [h~ Note, (a) ts co-signing this Mortgage only ~o mortgage, gr~t and oonwy that Borrower'~ interu~t in tho Propvrty to L~nd~r tinder die terms of this Mortgage, (b) is not per~onally liabl~ ll~ Nora or raider fi~is Mortgage, and (c) agrees ~hat l~nder and any arbor Bo~ower hereunder may agree ia ex,end, modify, fofl~cat, Or ll~ak~ any other sccolnl~lodaliol~s with regard to tho terms of this Mortgage or thc Nora wifliou/ thai Borrower's Consenl and without rulaasing fi'mt Borrower or modifying ~ia Mortgage as [o th~orrower's interosl in tho' Proper~y. 12. Notice. Except for any no~ico required under applicable I~w'to bo given ia mmd~er m~ner, (a) ~y notice to Bo~ower prOvidvd for in lids Mortgage shal~ be given by delivering ir or by mailing such notico by ~rtified nlail addressed to Borrower al the Property Address or at such other address as Bo~owcr may designate by notice m Lender as provided herein, and (b) any ~OHC0 [o Lender shall he given by certified lmil to Lender's address stated h~rdn or to such olher address aS Lelldct may designate by halite to Borrower as provided h~rdn. Any noti~o provided tbr in this Mortgage shall be deemed to have bccn given Io Borrower or Lender when given hi tl~e nmmer designated hereim 13, Govcrnin~ Law; Severabilily, The sta~o a~d locaJ laws applicable to Ibis Mortgag~ shall be the laws of ju!%di~tion in which ll~e Property is teen,ed. The foregoi~g sentenc~ shall not limit the applicability of i~deral law re rl~is Morlgagu, Ill Ihe cvznt that any provision o~ cla~se of ~is Mortgage or the Note conflicts with applicable law, soch shall not afl~ct.othvr provisions of this Morlgagc or the Note which ~an he given effect wifliout &~e conflicting provision, and to rids end the provisions et this Mortgage and the Note aro d~lar~d to bc severable. As used he~'ein, "costs," "expenses" and "~l torneys' I~es" include all sums to the extent not prohibited by appI[cablo law or limit~ h~rcin, 14, Borrower's Copy, Bgrrowcr shall be lhrni~hcd a conformed ~opy of Ih~ Note m~d of this Morlgag~ nt thy dn-~o of execution or after recordation hereof. 15, RehabililaHon l,oan Agreement, Borrower shall talfill all of Borrower's obligations under any hom~ rehabilitalion, ilnprovcm~l~t, repair, or oth~r loan agreement which Borrower enr~rs into with I~ndcr. l~ndcr, at ~ndcr's option, may require Borrower to oxUuulu trill] dcliv0r to Landor, ill a l~rl~ acoeptable lo Lender, ~ assigllnlellI of ~y rlgllls, claims or defenses which Borrower may have ngahm pm'des who supply labor, materials or services in connocli0n with improvements made tn the Property, 16, Traod'er or the Property or a Beneficial luter~t in Borrower, If ail or any part of tl~e Property or ~y interest in is sold or mms~erred (or it' a beneticial interest h~ Borrower is sod or transDrred and Borrower is not a nalural parson) witNout Lender's prior written consent, Lender. may, at its option, requite hnmediate payment in full of all sums secured by this Morlgage, However. lhis option Shall not be exercised by LOndor ii cxcrci~e is prahibiled by l~deral law ns of tt~e dare of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Ttxe notice shall provide a period of not lC~s tl~ar~ 30 dltys 1Yam tho d~te thc notice is ddivcrcd or maile0 wiihin which Borrower mu~t'p~y all sums secured by this Morlgage, Ir Borrower fails to pay these sums prior to lhe expiration of Offs period, Lender may invoke m~y remedies permitted by tl~is Mortgage without Ihrthur notice or d~mand on Borrc)wor, NON-UNIFORM COVENANTS. Borrower and ~ndor thrlher cownant and agrc~ as follows: 17. AecelerMionl Remedies. Except ns pro~ded in paragraph 16 hereoF, u~n Borrower's breach of any eovennnt or agreement or Borrower in thl~ Mortgage~.includlng lhe covenants to pay when due any sums secured hy {his Morlgage, Lender prior to necelerntion slmll give notice to Borrower ns provided in pnrngrnph 12 hereof sp~'irying~ (1) the brench~ (2) Ihe action rcqui~ed to'cu~e such l)re~ch; (3) a date, not less than 10 days fi'om lhe date the notice is mailed to Borrower, by which such breach must he curedl nnd (4) that failure to cure such breach on or be[ore the date specified in the notice may result in acceleration or lite sums secured hy this Mortgage. The notice Shall fnriher intorm Borrower the rich{ to rei~l~tole nt'ter ~cceleration nnd the right to bring n court notion to assert the nonexistence of n default or nny olhcr ddZnsc or Borrower to aeeelcrntion and sale: I~ the breach is not cured on or before the date specified in the notice, Lender, at Lender's oplion, may declare all or the Sum~ s~ured l)y lhis Mortgage {o he immedialely due and payable without l'urlher demand and tony invoke the .power or sule nnd uny other remedi~ permitted by applicable law, Lender .hall l)e enlitled lo collect all rensonnhlo costs and expenses incurred in pursuing the remedies provided in this pnragrnph 17~ Including, hut not limiled to, veaSonable screeners~ Ir Lender invokes the power of sale~ Lender slmll give notice or intent to foreclose to Baa'ewer nnd to thc person in possession or tho l~operty, ir difl'crent, }n accordance with applicable low, Lender ,~hall mail a copy or a notice or the sale to Borrower in th~ mnnner provided in pnrn~nph 12 hereoL Lender' shall publish the notice of sale and lhe ~'operty shall l)e sold tn lhe manner prt~cril)ed I)y al).licabl~ law, I,ender or l,ender~desiR.ee mn~ purchase the Property nt nny snlc, Thc proceeds of lhe sale shall be applied in the tallowing orderl (n) to nil reasonable costs nnd expenses of the sale~ including) hut ual limited {o, teasonol)le attorneys' tees nad easts oF title evidence; lb) to nil sums secured by this Mor{~g~i and (c) the cxcess~ ff nny, to thc person or persons legally entitled thereto, 18, ltorrowcr's Right to Reinstate. Norwithstmding Lender's acceleration or the sums secured by this Mortgage due to Borrower's breach, Bart'ewer sh~ll hnvg llie right ~0 Mvc ~y proceedings begun hy ~nder lo enforce this Mortgage diseonlh'med nt any dine prior to the earlier tO oCC~ Of (i) lbo tilih day bdbrc sale of the Property pursuant lo the power of Sale Contained hi this Morlgagg or (ii) catO. of a judgment enforcing this Mortgag~ if: (a) Borrower pays Lender all *um~ which would be fl~en due under this Mortgage md the Note had no acceleration occurred; (b) Borrower cures all breaches of m~y other covenants or agreements of Borrower contained in this Morlgago; (c) Borrower pays all reasonable expenses incurred by in enforcing the covenants and agreemeuts or Borrower contaiued in this Mortgage, ~d in enforcing Lender's remedies as pray}dod in parltgr~ph 17 hereof, including, but not llmitod to, rc~sonablc attorneys' IZcs; and (d) Borrower ta~c~ ~ud~ action Lender may r?tsouably requir~ to assure that the lien of this Mortgage, Lender's interest in the Property m~d Borrower's ohlig~lion to p~ty thc Sums ~eourCd by this Mortg=ge shall continue unimpaired. Upon such payment and cure by Borrower, ibis Morlgng~ and ibc obligations secured hereby shall remain in ~11 forc~ and effect as if no acceleralion I~cl accused. 19. Assignment' of Rentsl Appoinlmcnt or Rcceiver~ Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents or the Prope~y, provided that ~orrower shall, prior to acceleration under paragraph 17 hereof or abandomnent 0f ~he Property, have the right ~o coll~t and relain such r~nts as they becom~ duo and payable. 08'7~'1.71, 9138 Upon acceleration under paragraph '17 heru~l' or ~bm]donment or the Property, m~ at ~ny rime prior to the expir~lion of nny period o~ redemption following judicial sale, fender, in person, hy agent or by judicially appointed reculvcr, shall bo entitled to enter upon, take possession of and m~go thc ~o~rty ~d to collect the rents of the Property including tho~e past due. All reals collected by Lender or thc receiver shall be applied first to payment of the costs of management ot' thc Property ired collection of rents, including, but not limited to. receiver's fees, premiums on receiver's bond~ m~d ~easonnble ~ltomey~' ~bes, and then to th6 sums secured by this Mortgage. Lender and lbo r~ciVCr shall be liable to account only for those rents ~clually received, 2~. Release, Upon payment of all sum~ secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any, 21. Waiver or Homestead. Borrower hereby waives all right of homeslead exemption in lho Property_ REQUEST FOR NOTICe: OF DEFAULT --'AND FORECLOSURE UNDER SUPERIOR · MORTGAGEs OR DEEDS OF TRUST Borrower and l.~endt:r request the lmlder of any mot[gage, deed of trust-or other encumbrance with a lien which has priorityOver t!ds Mortgage to give Noti~ Io Lender, at Lender's address ~ct forth on page one of this Mortgage, o[' any dehult undel; lhe superior encumbrmlce ~d of m~y sale or olher foreclosure action. IN WITNESS WHEREOF, Borrower has ex0cutcd this Me,gage. ~ B~VO -Borrower ~RIA D, ~VO -Borrower (Seal) -Borrower (Scm) ~Borrower (Sign OHginal Only) STATE OF WYOMING, County The i'oregaing instrument was acknowledged before me this l ~ ~ 1 6-61 by RAFAEL BRAVO AND MARIA D. BRAVO, EUSB~ AND Nom[y PubliC 'v ,..,,,.. ISpac~ Below This Linc gt2scrvcd For Lender and R~corilcrJ