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HomeMy WebLinkAbout8925738925-/3 · BOOK.L~'q~ 1 PR PAGE 236 RECEIVED L, INCOLN COUNTY OLERK 03/ LIG 18 ?H 2:1 3 JEANNE WAGNER .FEMMERER ~,:~ ~. Space Above This Line For Recording Data MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is August 14, 2003. The parties and their addresses are: MORTGAGOR: DAVID JOSEPH TRUAX Spouse of ESPERANZA MONTOYA-TRAUX HUSBAND. AND WIFE PO BOX 10191 JACKSON, Wyoming 83002 ESPERANZA MONTOYA TRUAX Spouse of DAVID JOSEPH TRUAX HUSBAND AND WIFE PO BOX 10191 JACKSON, Wyoming 83002 LENDER: FIRST NATIONAL BANK - WEST · Organized and existing under the laws of the United States of America 100 Greys River Road Alpine, Wyoming 83128 83-0162601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with the power of sale, the following described property: LOT 93 OF THE RIVERVIEW MEADOWS SECOND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. The property is located in LINCOLN County at 480 RIVERVIEW DRIVE, ALPINE, Wyoming 83128. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $15,383.50. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. This Security Instrument will secure the folio .wing Secured Debts: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note, No. 761000287, dated August 14, 2003, from Mortgagor to Lender, with a loan amount of $15,383.50 with an interest rate of 7.0 percent per year and maturing on September 15, 2008. B. All Debts. All present and future debts from 'Mortgagor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in w/r~tin~q. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives ar/y/s~bs~eq~.nt/ - ',_ - ~ ] Page 1 DAVID JOSEPH TRUAX Wyoming Mortgage WY/4Xd°rettaOae~"~"°¢387201i 2081403Y ©1996 Ba ,rff'~ms, ...... Inc., St. Cloud, MN ~ ' :":',;::;;::::',::;~ : i '~ security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, nompurchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument wit[ not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A.. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, ~nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 6. CLAIMS AGAINST TITLE'. Mortgagor will pay all taxes, assessments, liens, encumbrances,' lease payments, ground rents., utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer.or sale of the Property. This right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as applicable. 8. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the .occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Pr~)perty at any reasonable time fOr the purpose of inspecting the ProPerty. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no 'way rely on Lender's inspection. 10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and interest in the following (all referred to as Prope~y). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases). B. Rents, issues and profits (all referred to as Rents); including but not limited to security deposits, minimum rent, percentage rent, additional rent, cOmmon area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract . rights, general intangibles, and all rights and claims which Assignor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. In the event any item listed as Lea'ses or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on~ecution of the Assignment, and all future Leases and any other information with respect to these Leases/~ill~e provided immediately after they are executed. Mortgagor may. collect, receive, enjoy and use the n s ,n~ as Wyoming Mortgage ~ ~ ],.~ ( ~ls WY/4XdorettaC---~ .... 03872012081403Y e1996 Bar:,:::~:~:~'.~;:, :ems. Inc., St. Cloud, MN ~ /~' ~ .38 Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any Other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Proper~y, and other necessary expenses.. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise prohibited or prescribed by state law, Mortgagor agrees that Lender may take actual possession of the Property without the necessity of commencing any legal action or proceeding. Mortgagor agrees that actual possession of the Property is deemed to occur when Lender notifies Mortgagor of MortgagOr's default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. Immediately after Lender gives Mortgagor the notice of default, Mortgagor agrees that either Lender or Mortgagor may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so required) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or beCome liab, le for the Property's maintenance, depreciation, or other' losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due ko Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 1:2. DEFAULT. Mortgagor will be in default if any of the folloWing occur: A. Payments. Mortgagor fails to make a payment in full when due. B. Insolvency. Mortgagor makes an assignment for the benefit of creditors or becomes insolvent, either because Mortgagor's liabilities exceed Mortgagor's assets or Mortgagor is unable to pay Mortgagor's debts as they become due. ~ C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other transaction document. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. 1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. The value of the Property declines or is impaired. M. Insecurity. Lender reasonably believes that Lender is insecure. 13. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. AnY amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. : Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the property sold to the purchaSer or purchasers. Under this special or limited warranty deed, Lender will covenant that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Lender.~ The recitals in any deed of conveyance will be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender. of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure prc~ceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. DAVID JOSEPH TRUAX //~ /~ ~'~//////~/// Wyoming Mortgage ~.~3 WY/4Xdoretta0PF: .. ..... ~')38720. 12081403Y e1996 Bal.-ms Inc., St. Cloud, MN F__~" 14. COLLECTION EXPENSES AND ATTOFINEY$' FEES, On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or pro~eolion of Lender's dghts and remedies under this SeouriW Instrument. ~ortgago[ agrees to pay expenses for Lende~ ~o inspec~ and preserve the P~operty and for any ~eoordation costs of r~leasing the P~operty from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, oour~ costs and other legal expenseS. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highes~ interest rate in effect as provided for in ~he ~erms of the Secured Debts. To ~he ex~en~ permitted by the United S~a~es Bankruptcy Code, ~ortgagor agrees ~o pay the ~easonable attorneys' fees Lender incurs collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. ~5. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANOES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental ~esponse, Compensation and Liability Act (CE~CLA), all othe[ federal, state and Ioaal laws, regulations, o~dinanoes, oour~ o~ders, a~omey general opinions or interpretive letters concerning ~he public heaKh, safety, welfare, environment or a hazardous substance; and (2) Hazardous Subs~anae means any ~oxio, radioactive or hazardous material, waste, pollutan~ or contaminant Which has oharaateristias which ~ender the substance dangerous or potentially dangerous ~o ~he public health, safety, welfare or environment. The term includes, without lim.~at on, any substances defined as "hazardous material," "toxic substanae," "hazardous waste," "hazardous subs~anae," or "regulated ~ubstanoe" unde[ any Environmental Law. ~orlgago~ ~epresents, warrants and agrees tha~: A. Except as previously disclosed and aaknowledged in wdting ~o Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, trea~ed, [efined, or handled by any person on, unde~ o~ abou~ Property, except'in the o~dinary course of business and in striot oomplianoe wi~h ~11 applicable Environmental Law. B. Except as previously disclosed and acknOwledged in wd~ing ~o Lender, ~or~gago~ has not ~nd will not cause, contribute ~o, or permit the release of any Hazardous Substance on the P~ope~W. O. ~ortgagor will immediately notify Lender if (1) a release or ~hreaJened release of Hazardous Substance Oaours on, 'unde~ or about the Property or migrates or ~hrea~ens ~o migrate f~om nearby p~operW; or (2) the~e is a 'violation of any Environmental Law oonaerning the Proper~y. In such an event, ~ortgagor will take all necessary remedial action in accordance with Environmental Law. D. Exaept as previously disclosed and a~knowledged in writing to Lender, ~ortgagor has no knowledge of reason to believe the~e is any pending or threatened investigation, claim, o~ proceeding of any kind rela~ing ~o (~) any Hazardous Substance located on, under or abou~ ~he Prope~W; or (2) any violation by ~or~gagor or any tenan~ of any Environmental Law. ~or~gagor will immediately notify Lender in writing as soon as ~or~gagor has reason ~o believe there is any such pending or ~hrea~ened investigation, ~laim, or proaeeding. In such an event, Lender has the right, but not the obligation, to participate in any suah p~oceeding inaluding the right reaeive copies of any documents ~elating to such proceedings. E. Exaept as previously disclosed and aaknowledged in writing ~o Lender, ~o~gago~ and every tenant have been, are and will ~emain in full compliance wi~h any applicable Environmental Law. F. Except as previously disolosed and acknowledged in wd~ing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the P~operW and no such ~ank, dump or well will be added unless Lender first aonsents in writing. G. ~o~tgagor will regularly inspect the Property, monitor ~he activities and opeFa~ions on the Pmpe~W, and aonfirm tha~ ~11 permits, licenses or approvals required by any applicable Environmental Law are obtained and aomplied with. H. ~o~gagor will permit, or cause any tenant to permit, Lender or Lender's agen~ ~o entel and inspeo~ ~he Proper~y and review all records at any reasonable ~ime to de~ermine (1) ~he existence, location and nature of any Hazardous Substance on, under or about ~he ProperW; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or abou~ ~he Proper~y;.or (3) whether o~ not ~ortgagor and any tenan~ are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, ~o~gago~ agrees, at ~or~gagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of ~he Prope~y and ~o submi~ ~he results of suoh audit to Lender. The choice of the environmental engineer who will perform suoh audit is sub]eo~ ~o Lender's approwl. J. Lender has the right, bu~ no~ ~he obligation, to perform any of ~o~gagor's obligations under this section ~or~gagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all loSses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security instrument. L. Notwithstanding any of the language contained in this Security instrument to the contrary, the terms of this' section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any-claims and defenses to the contrary are hereby waived. 16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Prope~y. Such proceeds will be consid~ed~a~ and DAVID JOSEPH TRUAX Wyoming Mortgage WY/4Xdoretta0(3R?~qc~nn03872012081403Y ©1996 BarLt~:.~;:'-'erns, Inc., St. Cloud, MN · . ~'age 4 will be ·applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Mortgagor agrees to keep the Property insured againSt the risks reasonably associated with the Property. Mortgagor will maintain this'insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What: Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's apProval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss' payee clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensiVe general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing.) Mortgagor will give Lender and the insurance company immediate notice Of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and .proceeds will paSs to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may include coverages not originally r~quired of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. 18. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action lawS. 20, WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. · 21. APPLICABLE LAW. 'This Security Instrument is governed by the laws of Wyoming, except tO 'the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the Obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated, under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended.or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument is the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to'be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTs AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address liSted in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all Parties. Mortgagor will inform Lender in' writing of any change in Mortgagor's name, address or other aPplication information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property. Time is of the essence. SIGNATURES. Mortgagor also ac, knowledges receipt of a copy of this Security Instrument. MO ' Indiv' ly ES~-EI~ANL~"A ~IONTOY~ TRU~,X Individually BY signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Wyoming Mortgage tials WY/4XdorettaC~"?n~'~3872012081403Y ©1996 Ba~",erns, Inc., St. Cloud, MN ~x~---'~" - · -- Page 5 LENDER: First N~O~ank-Wei.~ .) Penny J~/state Loan Officer ACKNOWLEDGMENT. (Individual) DAVID JOSEPH TRUAX , spouse of ESPERANZA MONTOYA-TRAUX, HUSB/~ AND WIFE, and ESPERANZA MONTOYA TRUAX, spouse of DAVID JOSEPH TRUAX', HUSB~.AJ~) AND WIFE. -- My commission expires: ~'" .. ' (Notary--/ . ( L e~'~(~u~uam;~ ' · ~ ~------'"~r-" /"~ ~-~'"x · This instrument was for ~ by Penny Jones as Real ~;~ate Loa~1'"Officer of First I~tional B'ank -/V~st. My commissiol~expir.~: _ J J (Notary Public) II LJqcoln ~ WyominE ' ~ My Commi=sion ~.~ires Februa~ 20, 200_6~ DAVID JOSEPH TRUAX Wyoming Mortgage WY/4XdorettaO0623900003872012081403Y e1996 Banker,s Systems, Inc.,' St. Cloud, MN E_~"  il~'~'- Page 6