HomeMy WebLinkAbout87509801014936
RECORDATION REQUESTED BY:
Well~ Fargo Bank Wyoming, N.A.
AFTON BUSINESS BANKING CENTER t', t:.(., '~ '~:.t\, 1;.~)'" .
485 WASHINGTON
.... , ...... CLERK
AFTO., WY "3114
875098
WHEN RECORDED MAIL
~e- BOISE LOAN OPERATIONS CENTER, MAC ¢U1851-015
ATTN: COLLATERAL MONITORING, P.O. BOX 8203
SE~D TAX ~OTICES TO:
Katherine Spomer, Richard H, Spomer and Leslie C. Spomer
NPS Hausing- P.O. Box 49g
.... Moose, Wy 83012-0492 SPACE ABOVE THiS LINEiS flOR RECORDEWS US~ONLY
MORTGAGE
THIS MORTGAGE dated July 31, 2001, is made and executed between Katherine Spomer, a single woman and
Richard H. Spomer and Leslie C. Spomer, husband and wife, whose address is NPS Housing - P.O. Box 49:2,
Moose, WY 83012-0492 (referred to below as "Grantor") and Wells Fargo Bank Wyoming, N.A., whose address is
485 WASHINGTON, MAC #C7826-011, AFTON, WY 83114 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender all of Grantor's right, title, and interest in and to
the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
easements, rights cf way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, ()il, gas,
geothermal and similar matters, (the "Real Property") located in Lincoln County, State of WyOm, lng:
Lot 4, Forest Meadow Subdivision, according to the Official .plat thereof recorded in the Office of the County
Clerk, Lincoln County, Wyoming.
The Real Property or its address is commonly known as 549 Forest Circle Drive, Alpine, WY 83128. The Real
Property tax Identification number is 37182830100500.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE {A) PAYMENT OF THE INDEBTEDNESS AND {B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS;
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law
which may prevent Lender from brinoing any action against Grantor, including a claim for deficiency to the extant Lander is otherwise entitled to
a claim for deficiencv, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a
power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: {al this Mortgage is executed at Borrower's request and not at
the request of Lender; (bi Grantor has the full power, right, and authority to enter into tbJs Mortgage and to hypothecate the Property; (c) the
provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not
result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining
from Borrower on a continuing basis information about Borrower's financial condition; and (el Lender has made no representation to Grantor
about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender ail Indebtedness secured by this
Mortgage as it becomes due, and Borrower and Grantor shall strictly perform ali Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrower and Grantor agree that Borrower's and Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use, Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect tha Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tanantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance Wltt~ Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach .or violation of any Environmental Laws,
(bi any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under,
about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
kind by any person relating to sbch matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (al neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (bi any such activity shall be conducted in compliance
With all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor
MORTGAGE O~?~¢L)~J~_~ .! .[ ?
(Continued) Page 2
authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall bo
for Lender's purposes only and shall net be construed to create any responsibility or liabiiity on the part of Lender to Grantor or to any etber
person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in tbs
even1 Grantor beqomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lander
against any and all claims, losseS, liabilities, damages, penalties, and expenses which Lender rnay directly or indirectly sustain or suffer
resulting from a breach of ~his section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or net the same was or should have been
known to Grantor. Tile provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will net remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prier
written consent,
Removal of Improvements, Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the remova]ofany]mprovements Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements ~f at least equal value.
Lender's Right to Enter, Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Arnericans
With Disabilities Act, Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's
sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do ali other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property,
TAXES AND LIENS. The following provisions relating to the taxes and liens on tho Property are part of this M(~tgage:
Payment, Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water
charges and sewer service charges levied against or on account of the Property, and shall pay when duo all claims for work done on or for
services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to
the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes'
and assessments not due as further specified in the Right to Contest paragraph.
Right to Con, test. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute ever the
obligation to pay, so 10ng as Lender's interest, in the Property is not jeopardized. If a lien arises or is filed as a result cf nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor )las notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that
could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any
adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obliges under any surety bond
furnished in tile contest proceedings.
Evidence of Payment, Grantor shall []pon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and sha!l
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
anv materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE, The following provisions relati~g to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis for the i:ulI insurable ValLje covering ali Improvements on the Real Property in ac amount sufficient to avoid application
of any coiRsurance clause, and with a standard mortgagee clause in favor of-Lender. Grantor shall also proc[re and maintain
comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds
in such liabil~ity insurance policies. AdditionallY/, Grantor shall maintain such other insurance, including but not limited to hazard, business
interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies andinsuch form as maybe
reasonably acceptable to Lender. Grantor shail deliver to Lender certificates of coverage from each insurer containing a stipulation that
coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any
disclaimer of the insurer's liability for faih~re to give such notice. Each insurance policy also shall inckzde an endorsement providing that
coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real
Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property
is located in a special flood t~azard area, for the full unpaid principal balance of the loan and any prior liens on tile property securing the
loan, up to the maximum policy !imits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain
such insurance for the term of the loan.
ApPlication of Proceeds. Grantor shall prompt'.y notify Lender of any loss or damage to the Property. Lender may make proof of loss if
MORTGAGE ~r
(Continued) (-~ ~;J'7 ~ 0 -~} ~ ] ]llt
Page 3
Grantor faiis to do so within fifteen (15) days of the casually. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reductiozl of the Indebtedness, payment of any lien
affecting ti~e Property, or the restoration and repair of the Property, if Lender elects to apply the proceeds to restoration and repair, Grantor
shailrepair or replace the damaged 'or destroyed Improvements in a manner satJsfactory to Lender. Lender shall, upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for ti~e reasonable cost of repair or restoration if Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to
pay accrued interest, and the remainder, if any, shalbe applied to the principal balance of the Indebtedness. If Lender holds any proceeds
after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Unexpired Insurance at Sale. Any unexpired insurance shail inure to the benefit of, and pass to, the purchaser of the Properly covered by
this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage or at any foreclosure sale of such Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor
fails to comply with any provision of this Mortgage or any Related Documents, including ~ut not limited to Grantor's failure to discharge or pay
when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may
(but shall not ba obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying ail taxes, ]ions,
security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and
preserving tile Property. All such expenditures incurred or paid by Lender for suci] purposes will then bear interest at the rata charged under the
Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of tile Indebtedness
and, at Lender's option, will (A) be payable on demand; (Bi be added to the balance of tile Note and be apportioned among and be payable
with any installment payments to become due during either (1) the term of any applJcabJeinsurance policy; or (2) the remaining term of the
Note; or (C) be treated as a balloon paymentwhJch will bedua and payable at the Note's maturity. The Mortgage also will secure payment of
these amounts. Sucb right shall be in addition to all ottler rights and remedies to which Lender may be entitled upon Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ara a part cf this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of ail liens
and encumbrances other than those set forth in the Real Property description or in any titie insurance policy, title report, or final title opinion
issued in favor of, and accepted by, Lender in connection w]ththis Mortgage, and (bi Grantor has the full right, power, and authority to
execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in ttle paragraph above, Grantor warrants andwiJl forever defe~nd the title to the Property against
the lawful claims of all persons, in the event any action or proceeding is commenced tl~at questions Granter's titl~ or the interest of Lender
under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be tile nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsat of Lender's own choice, and
Grantor will deliver, er cause to be delivered, to Lender such instruments as Lender may request from tim~ to time to permit such
participation.
Compliance With Laws, Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. Ali representations, warranties, and agreements made by Grantor Jn this Mortgage shall
survive the execution and delivery of this Mortgage, shall be continuing Jn nature, and shall remain in full force and effect until such time as
Borrower's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings, If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
such step~ as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
Lender shell be entitled to participate in the proceeding and tn be represented in the proceeding by counsel of ]ts own choice, and Grantor
will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that ail or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The nat proceeds of the award shall mean the award after payment of ail
reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions relating to 'governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lel~der, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for
all taxes, as described below, together with ail expenses incurred in recording, perfecting or continuing this Mortgage, including without
limitation ali taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes, Tl~'following shall constitute taxes to which this section applies: (t) a sPecific tax upon this type of Mortgage or upon all or any
part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct
from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or
the holder of the Note; and (4) a specific tax on ail or any portion of the Indebtedness or on payments of principal and interest made by
Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event si~all have the
same effect as an Event of Default, and Lender may exercise any or ail of its available remedies for an Event of Default as provided below
unless Grantor either {1) pays the tax before it becomes deiinquent, or (2) contests the tax as provided above in the Taxes arid Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating fo this Mortgage as a security agreement are a part of
this Mortgage:
Security Agreement. This b]strument shell constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
MORTGAGE
(Continued) O~;j~G(}.~ "~ ~ 1 ~
Page 4
Lender shell have ell of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by
Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording ti~is Mortgage in the
real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or
reproductions of this Mortgage as a financing statement. Grantor shell reimburse Lender for all expenses incurred in perfecting or
continuing this security interest, Upon default, Grantor shall not remove, sever or detach tile Personal Property from the Property. Upon
default, Grantor shall assemble any Personal Property not affixed to the Property Jn a manner and at a place reasonably conveoient to
Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to ti~e extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (sectJred party) from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on tile first page of this
Mortgage.
FURTHER ASSURANCES; ATTORNEY-iN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
Mortgage;
Further Assurances, At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opinior~ of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the
liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by
Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses
incurred in connection with the matters referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the
purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
opinion, to accomplish tile matters referred to in the preceding paragraph.
FULL PERFORMANOE. If Borrower pays all the Indebtedness when due, and otherwise performs ail the obligations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of terminal)on of any
financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor wilt pay, if permitted by
aPplicable law, any reasonable termination fee as determined by Lender from time to time,
EVENTS OF DEFAULT. Each of tile following, at Lender's option, shall constitute an Event of Default under this Mortgage:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaulta. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
other agreement between Lender and Borrower or Grantor.
Default in Favor of Third Parties, Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase
or sales agreement, or any ott~er agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any
Grantor's property or Borrower's ability to repay tile indebtedness or Borrower's or Grantor's ability to perform their respective obligations
under this Mortgage or any related document.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or
Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at U~e time
made or furnished or becomes false or misleading at any time thereafter.
Defective Coflateralization. This Mortgage or any of tile Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any tim'e and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower. or Grantor, the appointment of a receiver for any part
of Borrower's or Grantor's property, any assignment for the benefit .of creditors, any type of creditor workout, or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor.
Creditor or Forfeitore Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing tile
indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit acco~mts, with Lender. However,
this Event o'f Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of tile claim
which is the~basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture
proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,
in its sole discretion, as being an adequate reserve or bond for tile dispute.
Breach of Other Agreement. Any breach by Borrower or Grantor under tile terms of any other agreement between Borrower or Grantor and
Lender that is not remedied within any grace period provided ttlerein, including without limitation any agreement concerning any
indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now er later.
Events Affecting Guarantor. Anyofthe preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, st~rety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity cf, or liability under, any Guaranty of the Indebtedness. in tile event of a death, Lender, at its option, may, but shall
not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner
satisfactory to Lender, and, in doing so, cure any Event of Default.
(Continued) Page 5
Adverse Change. A'materi~l adverse change occurs in Grentor's financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If such a failure is curable and if Borrower or Grantor has net been given a notice cf a breach of the same provision of this
Mortgage within the preceding twelve (t2) months, it may be cured (and no Event of Default will have occurred) if Borrower or Grantor,
after Lender sends written notice demanding cure of such failure: (a) cures the failure withi~ twenty (20) days; or (b) if the cure requires
more than twenty (20) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable
and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Defa[llt and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at it option without notice to Grantor to declare tile entire Indebtedness iromediately
due and payable, including any prepayment penalty which Grantor would be required to pay,
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property, including during the
pendency of foreclosure, whether judicial or non-judicial, and collect tile Rants, including amounts past due and unpaid, and apply the net
proceeds, over and above Lender's costs, against the Indebtedness. In furtherance cf this right, Lender may require any recant or other
user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected bvLender, then Grantor irrevocably
designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate
the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand sllaJl satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights
under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shah have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
.Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to tile appointment of a receiver shall exist whether or not the apparent value of tile Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in ali or any part of the Property.
Nonjudicial Sale. Lender may foreclose Grantor's interest in all or in any part of the Property by nomjudicial sale, and specifically by "power
of sale" or "advertisement and sale" foreclosure as provided by statute.
Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due
to Lender after application of all amounts received from the exercise cf the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either (1) paya reasonable rental for the use cf the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies, Lender shall have ali other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property, To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all right to have the Property
marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one
sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of tile Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made, Reasonable notice shall mean notice
given at least ten (10) days before the time of the sale or disposition.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Mortgage, ai~ter Grantor's failure to perform, shall not affect
Lender's right to declarea default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or
restrict tho rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of
Lender to proceed directly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to
proceed against any other coilatera! directly or indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any'time
for the protection of its interest or the enforcement of its rights shalt become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of tile expenditure until repaid. Expenses covered by this paragraph include, without limitatio'n,
however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is
a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy pro'ceedings (including efforts to modify or vacate any
automatic stay or injunction), appeals, and any anticipated post-judgment collection services, tile cost of searching records, obtah'~ing tit~e
reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law,
Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be
given in writing, and shall bo effective when actuelIy delivered, when actually received by telefacsimile (unless otherwise required by law), when
deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage, All copies of notices of foreclosure from
the holder of any lien which t~as priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage,
Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the
purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's
MORTGAGE
(Continued) (~:~'~O,:.~;j _[ 2 .[
Page 6
currant address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lander to any Grantor is
deemed to be notice given to ail Grantors.
CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer ait or part of this loan to one or more purchasers, whether
related or unrelated to Lender; (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have
about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it may have with respect
to such matters; (c) the purchaser of a loan will be considered its absoh~te owner and wilt have ali the rights granted under tile loan documents
or agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce its interests irrespective of any claims or defenses
that the parties may have against Lender.
FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender in order to fully document the loan er{danced
by this Note and any related agreements, and will fully cooperate concerning the execution and delivery of security agreements, stock powers,
instructions and/or other documents pertaining to aiiy collateral intancted to secure the Indebtedness. The undersigned agree to assist in the
cure of any defects in the execution, delivery or substance of this Note and related agreements, and in the creation and perfection of any liens,
security interests or ether collateral rights securing this Note.
ARBITRATION.
Binding Arbitration, Lender and each party to this agreement hereby agree, upon demand by any party, to submit any Dispute to binding
arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include any dispute, claim or controversy of any kind,
whether in contract or in tort, legal or equitable, now existing or hereafter arising, re. luting in any wa,/ to this Agreement or any related
agreement incorporating this Arbitration Program (the "Documents"), or any past, present, or future ~oans, transactions, contracts, agreements,
relationships, incidents or injuries of any kind whatsoever relating to or involving Business Banking, Community Banking, or any successor gro[~p
or department of Lender. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BYAJUDGE OR JURY.
Governing Rules. Any arbitration proceeding wiJI (i) be governed by the Federal Arbitration Act (Title 9 cf the United States Code),
notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (ii) be conducted by the AAA, or s~ch
other administrator as the parties shall mutually agree upon, in accordance with the AAA's commercial dispute resolution procedures, unless the
claim or counterclaim is at least $1,000,000.00 exclusive of claimed interest, arbitration fees and costs in which case the arbitration shatl be
conducted in accordance with the AAA's optional procedures for ]argo, complex commercial disputes Ithe commercial dispute resolution
procedures or the optional procedures for large, complex commercial disputes to be referred to, as applicable, as the "Rules"), If there is any
inconsistency between the terms hereof and tile Rules, the terms and procedures set forth herein shall control. Arbitration proceedings
hereunder shall be conducted at a location mutually agreeable to the parties, or if they cannot agree, then at a location selected by the AAA in
the state of the applicable substantive Jaw primarily governing the Credit. Any party who fails or refuses to submit to arbitration following a
demand by any other partyshalt bear ali costs and expenses incurred by such other party in compe!ling arbitration of any Dispute, Arbitration
may be demanded at any time, and may be compel[ed by summary proceedings in Court. The institution and maintenance of an action for
judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party~ including the plaintiff, to submit
the controversy or claim to arbitration if any ortner party contests such action for judicial relief. The arbitrator shall award all costs and expenses
of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a bank of th~,~ protections afforded to
it under 12 U.S.C. Section 91 or any similar applicable state law.
No Waiver of Provisional Remedies, Self-Help and Foreclosure. Tile arbitration requirement does not limit tile right of any party to (i) foreclose
against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or
repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment o1' a receiver,
before during or after the pendency of any arbitration proceeding, This exclusion does not constitute a waiver of the right or obligation of any
party to submit any Dispute to arbitration or reference hereunder, including those arising from tile exercise of the actions detailed in sections (i),
(ii) and (iii) of this paragraph.
Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is ,~5,000,000.00 or less will be decided
by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any Dispute in which
the amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however, that all
three arbitrators must actively participate in ail hearings and deliberations. Every arbitrator must be a practicing attorney or a retired member of
the state or federal judiciary, in either case with a minimum of ten years experience in the substantive law applicable to tile subject matter of tile
Dispute. The arbitrator wJlJ determine whether or not an issue is arbitratable and will give effect to the stat[~tes of limitation in determining any
claim. In any arbitration proceeding the arbitrator wil~ decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing
motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all
Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such state could order or grant
within the scope hereof and such ancillary re[ief as is nacessaryto make effective any award. The arbitrator ahalt also bavethe power to award
recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge
could pursuant to the Federal Rules of Civil Procedure, the applicable State Rules of Civil Procedure, or other applicable law. Judgment upon tile
award rendered by the arbitrator may be entered in any court having jurisdiction.
Discovery. In any arb tration proceeding discovery will be permitted in accordance with'the Rules. All discovery shatl be expressly limited to
matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days' before the bearing date and within 180
days of the filinl] of the Dispute with the AAA. Any requests 1'or an extension of tile discovery periods, or any discovery disputes, wilt be
subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no
alternative means,for obtaining information is available,
Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take ali action required to conclude any
arbitration proceeding within 180 days of the filing of the Dispute with the AAA. The resolution of any Dispute shall be determined by a
separate arbitration proceeding and such Dispute shall not be consolidated with other disputes or included in any class proceeding. No arbitrator
or other party to an arbitration proceedh~g may disclose the existence, content or results thereof, except for disclosures of information by a
party required in the ordinary course of its business or by applicable law or regulation, if more than one agreement for arbitration by or between
the parties potentially applies to a Dispute, the arbitration provision most directly rotated to the documents between the parties or the subject
matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or expiration of any of the documents or any
relationship between the parties.
FACSIMILE AND COUNTERPART, This document may be signed in any number of separate copies, each of which shall be effective as an
original, but ail of which taken together shai]constitute a single document. An electronic transmission or other facsimile of this document or
any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
MORTGAGE ~":~::()'~:~ ]. ~ ~.
(Continued) Page 7
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports, If the Property is used for p~rposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a
certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as
Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection
with the operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This Mortgage will be governed by, construed and enforced Jn accordance with federal law and the laws of the State of
Wyoming. This Mortgage has bean accepted bY Lender In the State of Wyoming.
Joint and Several Liability. Ali obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to
Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each
Borrower and Grantor signing below is responsible for ali obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising an~/ right shall operate as a waiver of such right or any
other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of deali~g
between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender is required under this Mortgage, ti~e granting of such consent by Lender in any instance
shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any persol~
or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other parson or
circumstance. [f feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable, if the
offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the
illegality, invalidity, or unenforceability of any provision of ti~is Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estato in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor'ainterest, this Mortgage shall be binding
upon and inure to the benefit of tile parties, their successors and assigns. If ownership of the Property becomes vested in a person other
than Grantor, Lender, without notice to Grantor, may deal with Grantor's su0cessors wit[) reference to this Mortgage and the Indebtedness
by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
of Wyoming as to all Indebtedness secured by this Mortgage.
DEFINITIONS, The following capitalized words and terms shall have the following meanings when used in this Mortgage, Unless specifically
stated to the contrary, all references to doIlar amounts shall mean amounts in lawful money of tt~a United States of America. Words and terms
used in the singular shall include the plural, and the p~ural shall include the singular, as the context may require. Words and terms not otherwise
defined in thi~ Mortgage shall have the meaoings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Richard H. Spomer, Katherine Spomer and Leslie C. Spomer, and all other persons and entities
signing the Note in whatever capacity.
Default. The word "Default" means the Default sat forth in this Mortgage in the section titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the.protection of human heath or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C, Section 9601, et seq, ("CERCLA"), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of Derauit" mean any of the events of default set forth in this Mortgage in the events of default
section of this Mortgage.
Grantor. The word "Grantor" means KatherineSpomer, RichardH. SpomerandLeslieC. Spomer.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, ~tored, disposed of, generated, manufactured, transported or otherwise handled.' The words "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum
and petroleum by-products or any fraction thereof and as[~estos.
Improvements. The word "improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
MORTGAGE 0~?~0.~
(Continued) .1[ ~, ~
Page 8
Real Property, facilities, additions, replacements and other construction on the Real Property,
Indebtedness. The word "hldebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications o~, consolidations of and substitutions for the Not~ Or
Related Documents and any amounts expended Or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender, The word "Lender" means We~ls Fargo Bank Wyoming, N.A., its successors and assigns.
Mortgage, The word "Mortgage" meansthJs Mortgage betweenGranto[ and Lender,
Note. The word "Note" means the promissory note dated July 31, 2001, in the original principal amount of ~38,000.00 from
Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
the promissory note or agreement.
Personal Property. The words "Personal Property" mean all equipment; fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents, The words "Related Documents" mean all promissory notes, credit agreement~, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness.
Rents. The word "Rents" means all present and future rents, revenu'es, income, issues, royalties, profits, and other benefits derived from
the Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL T~HE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
GRANTOR: '~
Katherine Spomer, Individually lc ard H. Spomer, IndiVidually
INDIVIDUAL ACKNOWLEDGMENT
STATE OF ~.~ O~,&..~L.~ ,
)SS
COUNTY OF '--r"-~,~-/ )
On this day before me, the undersigned Notary Public, personally appeared Katherine Spomer, to me known to be the individual described in and
Who executed the Mortgage, and acknowledged that he er she signed the Mortgage as his or her free and voluntary act and deed, for the uses
and purposes therein mentioned,
Given under my ha}~d official seal this __ ~* dayof J~ 20 ~(
Notary Public in ~d for the State of ~t ~'-f)~f~ My commissiop expires ~-' ~.
MORTGAGE " .! 2 ~1
(Continued) Page 9
INDIVIDUAL ACKNOWLEDGMENT
)SS
On this day before me, the undersigned Notary Public, personally appeared Richard H, Spomer, to me known to be the individual described in
and who executed the Mortgage, and acknowledged that he or she signed the Mortgage as his or her free and voluntary act and deed, for the
uses and purposes therein mentioned. '
~Y ...... Residing at
INDIVIDUAL ACKNOWLEDGMENT
STATE OF
)SS
COUNTY OF ~~ )
On this day before me, the [mdersigned Notary Public, perso~aiJy appeared Leslie C. Spomer, to me known to be the individual described ~n and
who executed the Mortgage, and acknowledged that he or she s~gned the Mortgage as his or her free and voluntary act a~d deed, for the u~es
and purposes therein mentioned.
Given under my hand ~.d official seal this~ ~(~ day of ~:~ ' 20 ~J
Notary Public ,. and for the State of ~O( /~L~ .... My commission expires