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HomeMy WebLinkAbout898448Finance America, P.O. Box 16637 Irvine, CA 92623-6637 ~O LINCOLN COUNIY LLC $ 9 t3 U MORTGAGE CLERK MIN 100052300401281422 THIS MORTGAGIMs madethis 9th day of APRIL 2004 , between the Mortgagor, OSVALD0 G. MONTIEL AND BRANDY M. MONTIEL, HUSBAND AND WIFE (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as h.ereinafter de£med, and Lender's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephonenumber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Finance America, existing under the laws of LLC Delaware 16802 Aston Street, Irvine, CA 92606 , ("Lender ")is organized and , and has an address of WHEREAS,Borrower is indebted to Lender in the principal sum of U.S. $ 31,800.00 , which indebtedness is evidenced by Borrower's note dated APRIL 09, 2004 and extensions and renewals thereof (herein "Note"), prodding for monthly installments of principal and interest, with the balance of indebtedness, .if not sooner paid, due and payable on MAY 01, 2019 ; TO SECUREto Lender the repayment of the indebtednessevidenced 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 performanceof the covenants and agreementsof Borrower herein contained, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of LINCOLN , State of Wyoming: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the address of 86 LILAC DRIVE [StreetI THAYNE [City], Wyoming 83127 Imp CodeI (herein"Property Address"); 86 LILA DR VET E, WY 83127 . TOGETHERwith all the improvementsnow orCherehl~ere/ec~e~n the property, and all easements, rights, appurtenances and rents, all of Which shall be deemed to be and remain a p~art of the property covered by this Mortgage; and all of the foregoing, together with saidproperty (or the leasehold estate ff this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower understandsand agrees that MERS holds only legal title to the interests grantedby Borrower in this Mqrtgage.; but, ff necessary to comply withla.w or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action reqmred of Lender including, but not limited to, releasing or canceling this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrancesof record. UNIFORMCOVENANTS. Borrower 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. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum I wYoM NG - SECOND MORTGAGE- 1/80- FNMA/FHLMCUNIFORM INSTRUMENTWITH MERSI (~®-76N (Wy) Page 1 ot 4 VMP MORTGAGE FORMS - (~00)521-7291 Inltia~S~~rm 3851 Amended 2/01 (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and ~hed .unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one:twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimatedinitially and from time to time by Lender on the basis of assessmentsand bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be heldin an institution the deposits or accounts of which are insured or guaranteedby a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any'interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, togetherwith the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law proGdes otherwise, all payments received by Lender under the Note and Paragraphs ! and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreementwith a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, f'mes and impositions attributableto the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts· and for such periods as Lender may require. · The insurance carrier prodding the insurance shall be chosen by Borrower 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 standardmortgage clause in favor of and in a form acceptableto 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 agreementwith a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property]s abandonedby Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deteriorationof 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, Borrower shall perform all of Borrower'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 doc~ments. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceedingis commencedwhich materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, 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, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirementfor such insurance terminates in accordance with Borrower's and'Lender's written'agreementor applicable law. ' ' Any amounts disbUrsed by Lender pursuant to this paragraph 7, with interest thereon, at the NOte rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this · paragraph 7 shall reqnire Lender to incur any expense or take any action hereunder. .' · 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection sPecifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award Or claim for damages, direct or consequential, in connection with any condemnationor 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 agreementwith a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the ['un~ for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operateto release, in any manner, the liability of the original Borrower and Borrower's successors~',.m interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for pays, ent or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original. ]0orrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder,' ~r otherwise afforded by applicable law, Shall not be a waiver of or preclude the exercise of any such right or remedy. (~76N(WY) {o2oa) Page 2 of 4 - Form 3851 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereundershall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who corsigns this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any'other Borrower hereundermay agree to extend, modify, forbear, or make any other accommodationswith regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice requiredunder applicable law to be given in anothermanner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressedto Borrower at the PropertyAddress or at such other address as Borrower may designateby 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 Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. 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 all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulf'dl all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreementwhich Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to' Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in counectionwith improvementsmade to the Property, 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or ff a beneficial interest in Borrower is sold or transferredand Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower 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 Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORMCOVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 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 Borrower, 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 in acceleration of the sums secured by this Mortgage. The notice shall further inform Borrower of the right to reinstate after acceleration and the'right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. 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 invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with applicable law. Lender shall mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order:. (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's accelerationof the sums secured by this Mortgage due to Borrower's breach,. Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage 'diScontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no accelerationoccurred; (b) Borrower cures all breachesof any other covenants or agreementsof Borrower containedin this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph17 hereof, including, but not limited to, reasonableattorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums securedby this Mortgage Shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. ~®-76N(WY) Page 3 of 4 InlllaiS~m 3851 Upon accelerationunder paragraph 17 hereof or abandonmentof the Property, and at any time prior to the expiration of any period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled 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 Lender or the receiver shall be applied first to payment of the costs of managementof 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. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homesteadexemption in the Property. REQUEST FOR NOTICE OF DEFAULT -AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower 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, Borrower has executed this Mortgage. (~~ (Seal) ~ OSVALDO G. MONTIEL -Borrower BRANDY M. MOf~g~ '/ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WYOMING, (Seal) County of /~~.S, tate .of ~ The foregoing instrument was acknowledged before me this (Seal) -Borrower [Sign Origtnal Only] County ss: zP ~ ' My Commission Expires: tary Public (~-76N ('WY) Page 4 of 4 Form 3851 APR, 9.2004 Ii:i6AM FINANCE AMERICA NO, 2763 P. 2 LEGAL DESCRIPTION OF PROPERTY Borrower Name: 0SVALDO G. HONTIEL AND BRANDY M. MONTIEL Property Address: 86 LILAC DRIVE 0040128142 THAYNE, WY 83127 Date', 04/09/04 Property Description: Lot 142 of Star Valley Ranch Plat 5, described on the official plat thereof. ]incoln County. Wyoming as (~®,4034 mloo} APRS LOAN ID: 0040128142 6/01 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: Finance America, LLC 16802 Aston Street Irvine, CA 92606 Attn: Collateral Management (Space above this line for Recorder's use) PREPAYMENT RIDER MIN 100052300401281422 DATE: 04/09/2004 FOR VALUE RECEIVED,the undersigned ("Borrower") agree(s) that the following provisions shah be incorporated into that certain Mortgage, Deed of Trust or Security Deed of even date herewith (the "Security Instrument") executed by Borrower, as trustor, in favor of Finance America, LLC ("Lender"), as beneficiary, and also into that certain promissory note (the "Note") of even date herewith executed by Borrower in favor of Lender. To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Deed of Trust and/orthe Note, the provisions of this Prepayment Rider shall prevail over and shall supersede any such inconsistent provisions of the Security Instrument and/or the Note. Section 6 of the Note is amended to read in its entirety as follows: Second Mortgage 1196166 (o2oa) PafllO 1 o~ 2 VMP MORTGAGE FORMS - (800)521-72~1 MULTISTATE (Rev. 11/17/97) ARGH " 6 . BORROWER'S PREPAYMENTS BEFORE THEY ARE DUE I have the right to make payments of principal at any time before they are due, together with accrued interest. When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If within TtJ0 ( 2 ) years from the date of execution of the Security InstrumentI make a full prepayment or partial prepayment(s),I will at the same time pay to the Note Holder a prepayment charge. An amount not exceeding twenty percent (20%) of the original principal amount may be prepaid in any twelve-month period without penalty. A prepayment charge will be imposed on any amount prepaid in any twelve-month period in excess of twenty percent (20%) of the original principal amount of the loan which charge shall not exceed an amount equal to the payment of six months' advance interest on the amount prepaid in excess of' twenty percent (20%) of the original principal amount. IN WITNESS WHEREOF, the Borrower has executed this Prepayment Rider on the Borrower OSVALDO G. HOlqTIEL Bo TIEL day of Borrower Borrower MULTISTATE Second Mortgage 1196166 (02031 Page 2 of 2 (Rev. 11/~7/97) AP, G1