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HomeMy WebLinkAbout896480 RECEIVED LiNOOLN COUNTY CLERK This document prepared by: VIVESH SHARMA (Name) Citibank P.O. Box 790017~ MS 221 St. Louis, MO 63179 (Address) -'p 8961480 .:imo 545_eR PAGE MORTGAGE JEANNE WAGNER THIS MORTGAGE is made this 12/15/2003 between the Mortgagor, DAVID I. ORGILL and NANCY ORGILL~ HUSBAND and EIFE AS TENANTS BY THE ENTIRETIES WITH FULL RIGHTS OF SURVIVORSHIP (herein "Mortgagor"), and the Mortgagee, CITIBANK FEDERAL SAVINGS BANK, a corporation organized and existing under the laws of the United St. ates, which has a home office of 11800 Spectrum Center Drive, Reston, VA 22090 (herein "Lender"). The "Borrower" means DAVID I. ORGILL and NANCY ORGILL. WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $50~000.00, which indebtedness is evidenced by Borrower's note dated .12/15/2003 and extensions and renewals thereof(herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on 12/19/2013; TO SECURE to Lender the'repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Mortgagor herein contained, Mortgagor does hereby mortgage, grant and convey to Lender, together with the statutory power of sale, the following described property located in the County of LINCOLN, State of Wvominff: SEE ATTACHED LEGAL DESCRIPTION which has the address of 417 EMERALD ST~ KEMMERER~ WY 83101 (herein, "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, an all easements, rights, appurtenances and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Mortgagor covenants that Mortgagor is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the P?operty is unencumbered, except for encumbrances of record. Mortgagor covenants that Mortgagor warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Mortgagor and Lender covenant and agree as follows: 1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. NBS-F-SI-702-Wy I of 6 ORGILL Integrated Loan Servicea " 27 Inwood Road ORGILL, DRVID I Rocky Hill, CT 06067 Revised 09~02/2003 ACAPS: 103120508317000 o10 08: g4 O Mortgage, continued 710 ci ban 2. APPLICATION OF PAYMENTS. Unless applicable law provides otherwise, all payments received by Lender shall be applied by Lender in any order it chooses. 3. PRIOR MORTGAGES AND DEEDS OF TRUST: CHARGES; LIENS. Mortgagor shall perform all of Mortgagor's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Mortgagor's covenants to make payments when due. Mortgagor shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 4. HAZARD iNSURANCE. Mortgagor shall keep the improvement now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazard as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Mortgagor shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Mortgagor. If Property is abandoned by Mortgagor, or if Mortgagor fails to respond to Lender within 30 days from the date notice is mailed by Lender to Mortgagor that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance Proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 5. PRESERVATION AND MAiNTENANCE OF PROPERTY: LEASEHOLDS; CONDOMiNIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Mortgagor shall perform all of Mortgagor's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 6. PROTECTION OF LENDER'S SECURITY. If Mortgagor fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materiallY affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Mortgagor, may make such' appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Mortgagor shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Mortgagor's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 6, with interest thereon, at the Note rate, shall become additional indebtedness of Mortgagor secured by this Mortgage. Unless Mortgagor and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Mortgagor requesting payment thereof. Nothing contained in this paragraph 6 shall require Lender to incur any expense or take any action hereunder. 7. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Mortgagor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. NBS-F-SI-702-WY 2 of 6 Revised 09/02/2003 ORGILL ACAPS: 103120508317000 Mortgage, continued 711 cffibank® 8. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 9. MORTGAGOR NOT RELEASED; FORBEARANCE BY LENDER NOT A WAIVER. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Mortgagor shall not operate to release, in any manner, the liability ofthe original Mortgagor and Mortgagor's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Mortgagor and Mortgagor's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 10. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CO-SIGNERS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Mortgagor, subject to the provisions of paragraph 15 hereof. All covenants and agreements of Mortgagor shall be joint and several. Any Mortgagor who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Mortgagor's interest in the Property to Lender under the terms of this Mortgage, (b)is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Mortgagor hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that. Mortgagor's consent and without releasing that Mortgagor or modifying this Mortgage as to that Mortgagor's interest in the Property. 1 I. NOTICE. Except for any notice required under applicable law to be given in another manner, (a) any notice to Mortgagor provided for in this Mortgage shall be given by delivering it or by mailing such notice by first-class postage paid, addressed to Mortgagor at the Property Address or at such other address as Mortgagor may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such Other address as Lender may designate by notice to Mortgagor as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Mortgagor or Lender when given in the manner designated herein. 12. GOVERNING'LAW; SEVERABILITY. The state and local laws applicable to this Mortgage shall be the laws of California except where pre-empted or allowed by Federal law, in which case Federal law will apply, except to the extent that the procedural laws of the state where the Property is located are applicable and not pre-empted by Federal law. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include ali sums to the extent not prohibited by applicable law or limited herein. 13. MORTGAGOR'S COPY. Mortgagor shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 14. REHABILITATION LOAN AGREEMENT. Mortgagor shall fulfill all of Mortgagor's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Mortgagor enters into with Lender. Lender, at Lender's option, may require Mortgagor to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Mortgagor may have against parties who supply labor, materials or services in connection with improvements made to the Property. NBS-F-SI-702-WY 3 of 6 Revised 09/02/2003 ORGILL ACAPS: 103120508317000 o8 ;48o Mortgage, continued c bank® 15. DUE ON TRANSFER PROVISION - TRANSFER OF THE PROPERTY. If all or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in Mortgagor is sold or transferred and Mortgagor is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, require immediate payment in full of all sums secured by this Mortgage. However, Lender shall not exercise this option if the exercise is prohibited by applicable law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Mortgagor nOtice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Mortgagor must pay all sums secured by this Mortgage. If these sums are not paid prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Mortgagor. NON-UNIFORM COVENANTS. Mortgagor and Lender further covenant and agree as follows: 16. ACCELERATION: REMEDIES. EXCEPT AS PROVIDED 1N PARAGRAPH 15 HEREOF, UPON MORTGAGOR'S BREACH OF ANY COVENANT OR AGREEMENT OF MORTGAGOR IN THIS MORTGAGE, INCLUDING THE COVENANTS TO PAY WHEN DUE ANY SUMS SECURED BY THIS MORTGAGE, LENDER PRiOR TO ACCELERATION SHALL GIVE NOTICE TO MORTGAGOR AS PROVIDED IN PARAGRAPH 11 HEREOF SPECIFYING: (1) THE BREACH; (2) THE ACTION REQUIRED TO CURE SUCH BREACH; (3) A DATE, NOT LESS THAN 10 DAYS FROM THE DATE THE NOTICE IS MAILED TO MORTGAGOR, BY WHICH SUCH BREACH MUST BE CURED; AND (4) THAT FAILURE TO CURE SUCH BREACH ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE MAY RESULT 1N ACCELERATION OF THE SUMS SECURED BY THIS MORTGAGE, FORECLOSURE BY JUDICIAL PROCEEDING OR BY ADVERTISEMENT, EXERCISE OF THE POWER OF SALE, AND SALE OF THE PROPERTY. THE NOTICE SHALL FURTHER INFORM MORTGAGOR OF THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RiGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE OF MORTGAGOR TO ACCELERATION AND FORECLOSURE. IF THE BREACH IS NOT CURED ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE, LENDER, AT LENDER'S OPTION, MAY DECLARE ALL OF THE SUMS SECURED BY THIS MORTGAGE TO BE IMMEDIATELY DUE AND PAYABLE WITHOUT FURTHER DEMAND AND MAY FORECLOSE THIS MORTGAGE BY JUDICIAL PROCEEDING OR BY ADVERTISEMENT AND EXERCISE OF THE POWER OF SALE. LENDER SHALL BE ENTITLED TO COLLECT IN SUCH PROCEEDING ALL EXPENSES OF FORECLOSURE, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COSTS OF DOCUMENTARY EVIDENCE, ABSTRACTS AND TITLE REPORTS. 17. MORTGAGOR°S RiGHT TO REINSTATE. Notwithstanding Lender's acceleration of the sums secured by this Mortgage dueto Mortgagor's breach, Mortgagor shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage iff (a) Mortgagor pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Mortgagor cures all breaches of any other covenants or agreements of Mortgagor contained in this Mortgage; (c) Mortgagor pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Mortgagor contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 16 hereof, including, but not limited to, reasonable attorneys' fee; and (d) Mortgagor takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Mortgagor's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment' and cure by Mortgagor, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration occurred. NBS-F-SI-702-WY 4 of 6 ORGILL Revised 09/02/2003 ACAPS: 103120508317000 Mortgage, continued ¢ffibank® 18. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER. As additional security hereunder, Mortgagor hereby assigns to Lender the rents of the Property, provided that Mortgagor shall, prior to acceleration under paragraph 16 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 16 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums seCured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 19. RELEASE. Upon payment of all sums secured by this Mortgage and all fees due Lender, Lender shall release this Mortgage to Mortgagor. Lender may charge a fee for preparation of any statement of obligation and for preparing release documentation up to the maximum allowed by Federal or California law, whichever is greater. Mortgagor shall pay all costs of recordation, if any. 20. WAIVER OF HOMESTEAD AND REDEMPTION. Mortgagor hereby releases and waives all right under and by virtue of the homestead exemption laws of Wyoming, the equity of redemption and statutory right of redemption in and to. the Property. 21. ONE MORTGAGOR. If there is only one person executing this Mortgage, such person represents that he or she is [] single or [] married. [Check one as applicable]. NBS-F-SI-702-WY 5 of 6 ORGILL Revised 09/02/2003 ACAPS: 103120508317000 Mortgage, continued c bank' REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Mortgagor and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage. · 'l~l~rtgagor¢-DAVID I. '~RGILL Mortgagpr: NANCY(I~RGILL [ -~Married [ I Unmarried [ ~Mdrried --o [ I Unmarried Mortgagor: Mortgagor: [ ] Married [ ] Unmarried [ ] Married [ ] Unmarried [ ] Married [ ] Unmarried [ ] Married [ ] Unmarried STATE OF WYOMING, COUNTY OF LINCOLN SS: The foregoing instrument was acknowledged before me this 12/15/2003 by DAVID I. ORGILL and NANCY ORGILL. My Commission Expires: ' //- It- ~00 '~ Notary Public [Signature] (Space Below This Line Reserved For Lender and Recorder) When Recorded Return to: Integrated Loan Services Document Administration 27 Inwood Road Rocky Hill, CT 06067 ILS # NBS-F-SI-702-WY ORGILL ' 6 of 6 Revised 09/02)2003 ACAPS: 103120508317000 Schedule A THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF VVYOMING, TO-WIT: THAT CERTAIN PORTION OF LOTS NUMBERED ONE (1), TWO (2) AND THREE (3), OF BLOCK NUMBERED FOUR (4) IN .THE TOWN OF KEMMERER, AS SURVEYED, PLATTED AND RECORDED, BEING RECTANGULAR IN FORM, FRONTING 46-2/3 FEET ON EMERALD STREET, AND EXTENDING NORTHERLY 140 FEET, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF EMERALD STREET 46-2~3 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER OF SAID LOT NO. ONE OF BLOCK NO. 4; RUNNING THENCE NORTHERLY PARALLEL TO SAGE AVENUE, ONE HUNDRED FORTY (140) FEET; THENCE EASTERLY AT RIGHT ANGLES, FORTY-SIX AND TWO-THIRDS (46-2/3) FEET; THENCE SOUTHERLY AT RIGHT ANGLES, ONE HUNDRED FORTY (140) FEET; THENCE WESTERLY AT RIGHT ANGLES, ALONG EMERALD STREET, FORTY- SIX AND TWO-THIRDS (46-2/3) FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENT, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. INTEGRATED LOAN SERVl0ES 27 INWOOD ROAD ROCKY HILL, CT 06067