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HomeMy WebLinkAbout899422 CLERK COUt'!'[Y Recording requested by: Llt,160i_l", Wells Fargo Bank, N.A. w,,e. recor,,ed Wells Fargo Bank, N A. P. O. BOX 31557 B I L L I NGS, MT 5g 107 Stale of %Vyonfing -Space Above Tiffs Line For Reca riling Data- REFERENCE #: 2004092-7400212 ACCOUNT #: D654-654-60632 ] 7- ] 998 MORTGAGE ~(~/~ 10& (With Future Advance Clause) DATE AND PART[ES. The date of this Mortgage ("Security h~stnunenl") is 04 / 27 / 2004 and the parties, their addresses and tax identification nnmbers, if required, are as follows: MORTGAGOR: LAEL L. ALLRED AND CHR STINA K ALLRED, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES [] If checked, rear to the allached Addendum inco~brmed herein, ~r additional Mortgagors their signatures and ackn0wledgmems. LENDER:Wells Fargo Bank, N.A. P. O. BOX 31557 BILLINGS, MT 59107 CONVEYANCE. For good and vahmble consideration, the receipt and su~ciency of which is acknowledged, and to secure the Secured D~t (defined below) and Mortgager's performance under this Securiu Instrumem, Mortgagor grams, bargains, conve~, mortgages and wa~ams to Lender, with power of sale, the ~llowing described property: A PORTION OF LOT 2 (NW 1/4 NE 1/41 OF SECTION 2, TBSN, Rqlgw, 6TH P M. AS REFERRED fO N INSTRUMENT NO 865447 AND FILED iN BOOK 444 PR PAGE 39fi: LOCATED NORTHEASTERLY FROM ETNA, LINCOLN COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS.FOL'LOWS: BEGINNING THE ELM TYPE MONUMENT SET BY MARLOW A. SCHERBEL (PLS 5368) SET IN 1993 FOR THE El/16 CORNER BETWEEN SECTION 2, T35N, R119W AND SECTI0N 35, T36N, Rl19W, FOUND MARKING THE NORTHEAST .CORNER OF SAID NWl/4 NE1/4; THENCE S ]BEGREES 41 MINUTES 54 SECONDS W, ALONG THE EAST LINE OF SAID NW]/4 NEll4, 303.74 FEET TO AN IRON PIPE SET; THENCE N 89 DEGREES 03 MINUTES 58 SECONDS W 330.91 FEET TO AN IRON PIPE SET; THENCE N 1 DEGREES 37 MINUTES 48 SECONDS E 303.94 FEET TO AN IRON PIPE SET AT A POINT'IN THE NORTH LINE OF SAID NWl/4 NEll4) THENCE S 89 DEGREES O] MINUTES 47 SECONDS E 331.27 FEET TO THE POINT OF BEGINNING. The property is located in L I NCOLN at: 711 ROCK FARM RD ETNA WY (%°5~tf)18 and parcel number of 35190210042200 together with all rights, easelnents, appurtenances, royalties, mineral right% oil and gas rights, all water and riparian ~ights, ditches, and water stock and all existing and fim~re improvements, structures, fixtures, and replacements flint may now or at any lime in the flflure be part of fire real estate described above (all referred to as "Property"). MAXIMUM OBLIGATION LIMIT. T1m total principal amount secured by this Security Instrument at any one time shall not exceed $ 25,000. O0 . This limitation, of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument tO protect Lender's security andto perform any of the covenants conlained in this Security Instnmtent. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: EQ150A (10/2003) A. Debt incurred under ~h~ terms ofth~ promisso~ not~, z~volving liu~ of credit, cou[rac[, ~mranW or other evidcncc of debt datad 04 / 27 / 2004 loge[h~r wi[h all anl~ndm~ms, ~xl~nsions, mod~calions and r~n~wa]s, and having a nla[~lri~ da[~ o[ 04 / 27 / 2044 B. All fillur~ advances from L~nd~r to Mo~gagor under such evidence of debt. All fnmr~ advances ara secured as ~ made , 'on the date of this Security Instrumem. Nothing in this Securi~ Agreement shall coustitnte a commitment to make additional or fitture loans or advances which exceed the amount shown in Section 3. Any such commitment must be agreed to in a separate writing. C. All sums advanced and expenses incurred by Lender for insuring, presen'ing, or othem,ise protecting the Property and tis value and any other stuns advanced and expenses incurred by Lender under the terms of this SecuriW Insmunent. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with lhe terms of lhe Secured Debt and this Security Instrument. 6. P~OR SECU~TY 1NTE~STS. With regard to any other moagage, deed of trust, security agreemem 0r other lien document that created a prior securi~ interest or encumbrance on the Property, Mo~gagor agrees: A. To m~e all paynmnts when dne and to perform or comply with all covenams. B. To promptly dehver to Lender any notices that Mortgagor receives from lhe holder. C. Not to allow any modffication or extension o[ nor to reqnest any fiaore advances under auy note or agreemem secured by the lien docuInem withm~t Lender's prior written consent. 7. CLA~S AGAINST TITLE. Mmtgagor will pay all taxes, assessments, liens, encumbrmmes, lease paymems, ground rems, utilities, and other charges relating 1o the Property wlmn due. Lender may require Mortgagor Io provide to Lender copies of all notices that such amounts are due and lhe receipts evidencing Mortgagor's payment. Morlgagor will defend title to the Property ag~nst any claims that would impair the lien of the Security Inslmnmnt. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against paflies who supply labor or materials to maimain or improve the ProperW. 8. DUE ON S~E OR ENCUMBRANCE. Upon sale, transfer, hypothecation, assignment or encumbnince, whether volunlatT, invotunta~, or by operation of law, of all or any pa~ of the Prope~y or any imerest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligations secured hereby immediately due and payable, except to the extent lhat such acceleration for and in such particular circumstances where exercise of such a rigb[ by Lender is prohibited by law: 9. PROPERTY CONDITION, ALTEI~TIONS ~D INSPECTION. Mortgagor will keep the ProperB, in good condition and make all repairs that are reasonably necessaw. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Prope~y. Mortgagor will keep the Prope~ free of noxious weeds and grasses. Mortgagor agrees that the nature of the occnpancy and use will not substantially change without Lender's prior written consem. Mo~.gagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mo~gagor will noti~ Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agems may, at Lender's option, emer the Prope~ at any reasonable time for the pu~ose of inspecting the Prope~. Lender shall give Mo~gagor noiice at the time of or before an inspection speci~ing a reasonable pu~ose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mo~gagor will in no way rely on Lender's inspection. 10. AUTHO~TY TO PE~O~. If Moflgagor fails to perform any duty or any of the covenants contained in this SecuriW Instnnnent, Lender may, without notice, Perform or cause them lo be pertbrmed. Moagagor appoints Lender as attorney in fact to sign Mo~gagor's name or pay any amount necessa~ for performance. Lender's rigla to perform for Moagagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising mty of Lender's otlmr rights under the law or this Security Instminent. If any construction ou the Prope~, is discominned or not carded on in a reasonable manner, Lender may t~e all steps necessa~ to protect Lender's security interest in the ProperS, inchtding completion of tim construction. 11. ASSIGNMENT OF LEASES ~D ~NTS. Mortgagor irrevocably grams, bargains, conveys, moagages and warrams to Lender as additional secuhW all the right, title and to any and all existing or hture leases, subleases, and any other wriaen or verbal agreements for the use and occupancy of any potion of the ProperW, including any extensions, renewals, modifications or substitutions of such agreemems (all refe~ed to as "Leases") and rems, issues and profits (all referred to as "Rems"). Moagagor will promptly provide Lender with tree and co~ect copies of all existing and fi~ture Leases. Moagagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of lifts SecuriW Instrument. Mortgagor agrees that tiffs assignment is immediately effective between lhe paaies lo this Security Instrument. Mo~gagor agrees that Otis assignment is effective as to third paaies when Lender takes ;~rmative action prescribed by law, and that fids assignmem will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may t~e actual possession of the prope~ without the necessiW of commencing legal action and that ac~ml possession is deemed to occnr when Lender, o~ its agent, notifies Mortgagor of default and demands that any tenant pay all fi~ture Rems directly to Lender. On receiving notice of default, Moagagor will endorse and deliver to Lender any paymem of Rems in Moagagor's possession and will rec:ive any Rents in trust for Lender and will not commiugle the Rents with any other fimds. ~y amonms collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under · .- -834 tbe Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 12. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease ff this Security Instrument is on a leasehold. If the property is a unit in a Coudonmfium Project or is part of a Planhed Unit Developnrent ("PUD"), Mortgagor agrees to the following: A, Obligations. Mortgagor shall perform all of Mortgagor's obligations under the Constituent Documents. The "Constituent Documems" are the: (i) Declaration or any other document which creates the Condmninium Projects or PUD and any homeowners association or eqnivalem entity ("Owners Association"); (ii) by-laws; (iii) code of regulations; aud (ix,) other eqUivalent documents. Mortgagor sl~all promptly pay, when due, all dues and assessments imposed pursuant to the Coustitnent Docmnents. B. Hazard hism'ance. So long as the Owners Association maintains, with a generally accepted iusurance carrier, a "master" or "blanket" policy on the Condominimn Project or PUD which is satisfacto~T to. Lender and which provides insurance coverage in the amounts, for the peiiods, and against the bazards Lender requires, including fire and bazards included within the term "extended coverage," then Mortgagor's obligation under Section 19 to maiutain hazard insurauce coverage on the Property is deemed satisfied to lhe extent that the required coverage is provided by the Owner's Association policy. Mortgagor shall give Lender prompt notice of any lapse in required hazard insurauce coverage. In the event of a distribution,of hazard insurance proceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to common elements, any proceeds payable Io Mortgagor are hereby assigned and shall be paid to Lender for applicatiou to the stuns secured by this Security Iustmnrent, with any excess paid to Mortgagor. C. Flood Insurance. Mortgagor agrees to maintain flood insurance for the life of the Secured Debt which is acceptable, as to form, amount and extent of coverage to Lender. D. Public Liability Insurance. Mortgagor shall take such actions as may be reasonable to insure that the Owners Association maintains a public lial~ility insurance policy acceptable in form, ammmt, and extent of coverage to Lender. E. Condenmation. Tlie proceeds of any award or claim for damages, direct or consequential, payable to Mortgagor in connection with any condemnation or other taking of all or airy part of the Property, whether of the unit or of the common elemems, or for any conveyance in lieu of condenmation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the stuns secured by the Security Instrument as provided in Section 18. F. Lender's Prior Consent. Mortgagor shall not, except ~rfler notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandoument or temfiuation of the Coudominimu Project or PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any ameudment to any provision of the Constituent Docmnents if the provision is for the express benefit of Lender; (iii) temfination of professional mauagement and assmnption of self- management by the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association nuacceptable to Lender. G. Remedies.. If Mortgagor does not pay condominium or PUD dues and assessmems when due, then Lender may pay them. Any anmunts disbursed by Lender under this section shall become additional debt of Mortgagor secured by this Security Instrument. Unless Mortgagor and Lender agree lo other terms of payment, these amotrnts shall bear interest front the date of disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Mortgagor requesling payment. 13. DEFAULT. Mortgagor will be iu defimlt if any party obligated on the Secured Debt fidls to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or; guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated ou the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 14. REMEDIES ON DEFAULT. In some instauces, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or otber notices and, may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender tnay accelerate the Secured Debt and foreclose tiffs Security h~slrmnent iu a mammr provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and pmtcipal shall become immediately due and payable, ~ffter giving notice if required by law, upon the occurrence of a default or anytinre thereafter. In addition, Lender shall be entitled to all the rqmedies provided by law, the terms of the Secured Debt, this Security Instnmtent and any related documents, including without limitation, the power to sell the Property. All remedies are distinct, cunmlative arid not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of airy sum in pay~nent or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of airy existing default. By not exercisiug any remedy on Mortgagor's defiuflt, Lender does not waive Lender's right to laler consider the event a default if it continues or happens again. EQ ~ 5oc (~ o/~oo3) 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security lnstnmmnt. Mortgagor will also pay on demand mxy amount incurred by Lender for insuring, inspectiug, preserving or otherwise protecting the Properly and Lender's security imerest. These expenses will bear interest from the date of the payment until paid in fidl at the lfigh6st interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or prolecting Lenders' rights and remedies under this Security Instrumem. This amount ma), include, but is not linfited to, attorneys' fees, court costs, and other legal expenses. This amount does not include attorneys' fees for a salaried employee of the Lender. This Security Instrmnent shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law meaus, without limitation, the Comprehensive Environmemal Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state andlocal laws, regulations, ordinances, court orders, attorney general opinions or inteq)retive letters concerning the public health, s~ffety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutam or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, s~ffety, welfare or environment. The term includes, without linfitation, 'any substances defined as '.'hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previonsly disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmemal Law. C. Mortgagor shall imurediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of m~y Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with auy Environmental Law. D. Mortgagor shall iimnediatel), notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Snbstance or the violation of any Environmental Law. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor' name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for danmges connected wilh a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as' provided in this Security Insmnnent. Tiffs assignment of proceeds is subjec! to the terms of any prior mortgage, deed of trust, secnrity agreement or other lien document. 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards aud risks reasonably associated with lhe. Property due to its type and location. This insurance shall be mainlained in the amounts and for the periods thal Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of tiffs Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or ternfination of the insurance. Lender shall have the right to lmld the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid preufiums and renewal notices. Upon loss, Mortgagor shall give immediale notice to the insurance carrier and Lender. Lender may make proof of loss if not made ilnmediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to.principal shall not extend or postpone the due date of the scheduled pt/ymem nor change the amoom of any payment. Any excess will be paid to Mm'tgagor. If the Property is acquired by Lender, Mm-tgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before lhe acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless olherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender fiutds for taxes and insurance in escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon reqnest, any financial statemem or infommtion Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional docmnents or certifications that Lender may consider necessary to perfect, coati,me, and preserve Mortgagor's obligations under this Security Instmmem and Lender's lien statns on the Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties nnder lifts Security Instrument are joint and individual. If Mortgagor signs this Sect, rily lnstnunem but does not sign an evidence of debt, EQISOD (10/2~ ~.~n,, .... :.: -~ Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt aud Mortgagor does not agree to be personally liable on the Secured Debt. If this Security lnstrmnent secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not lilnited to, any anti-deficiency or one-action laws. Mbrtgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's cousent. Such a change will not release Mortgagor from the terms of tiffs Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERAB1LITY; INTERPRETATION. This Security Instmlnent is governed by the laws of the jurisdiction in which the Property is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrmnent is complete and fully integrated. This Security Instnnnent may not be amended of modified by oral agreement. Any section in this Security hmtmment, attachments, or any agreement related to the Secured Debt that conllicts with applicable law will not be effeclive, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instnunent cannot be e~fforced according to its tenns,.that section will be severed and will not affect the mfforceability of the remainder of this Security Instrument. Whenever nsed, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrmnent. Time is of the esseuce in this Security Instrument. · 23. NOTICE. Unless otherwise required by law, auy notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or as shown in Lender's records, or to any other address designated in writing. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state. 25. OTHER TERMS. If checked, the following are applicable to this Securily Instrument: ' [-g-] Line of Credit. The Secured Debt includes a revoh,ing line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument Will remain in effect umil released. ~ Construction Loan. This Security Instrument secures an 9bligation incurred for the constmcliou of an improvement on the Propertyi ~ Fixture Filing. Mortgagor grants to Lender a security interest in all goods lhat Mortgagor owus now or in the fitture and that are or will become fixtures relates to the Property. This Security Instnunent suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniforln Cmmnercial Code. ~ Additional Terms. 26. RIDERS. Ii' checked, the following are applicable to this Security h~stnunent. The covenants and agreements of each of the riders checked below are incorporated into and supplmnent and amend the terms of this Security Instrument. D-73] Third Party Rider ' ~ Leasehold Rider ~-~ Other N / A SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in aUy Security Instrument on the date stated on page 1. attaclunems.~c=>~:5~~~~- ~/M°rtgag°r also acknowledges receipt of a co, his Mortgagor Date Mortgagor zt/- r~ Da~//e Mortgagor Date Mortgagor Date Mortgagor Date EQ150E (10/2003) Mortgagor D ate 837 ACKNOWLEDGMENT: (Individual) COUNTY OF Li ~/X 0~O The foregoing instmmem was acknowledged before 1ne by this qf'l ~ day of /~0 ch' ~ ess my hand and official seal. ~at~re of Offi~r) (Title of Officer) ~ Lo. \ 4L. ACKNOWLEDGMENT: (Individual) COUNTY OF ~ C ~ ~[ tx The foregoing instrument was acknowledged before ~ne by this o¢'~ day of //~ p lc ~' I ' Witness my hand and official seal. ($'~amte of Officer) (Title of Officer) My Commission Expires: (Seal) EQISOF (10/2003[-" T ~-' 5~QT~;T?:::i :.,2,2,:d'X~?Y: 7 : !':j;::i ::'I