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RECEIVED
'LINCOLN COUNTY CLERK
JEANNE
When recorded mail to: X
LSI - North Recording Divisiot~
5029 Dudley Blvd #E r-I~
McClellan, CA 95652
(800) 964-3524 Option 3, Uninsured
Prepared By:
KELLY CUNNINGHAM
BOOK..~
558r ,m 67 l
[Space Above This Line For Recording Data]
5936315
(Escrow/Closing
MORTGAGE
(Line of Credit)
THIS MORTGAGE, dated tn_Ay, 19, 2 0 0 4 , is between
DEAN A LUCHETTA, AND J~3LIE L LUCHETTA, HUSBAND AND WIFE
0006325610105004
[Doc ID #]
residing at
370 WOODEN SPUR DRIVE, ALPINE, WY 83128
the person or persons signing as 'Mortgagor(s),' below and hereinafter referred to as I'we" or "lis" and
COUNTRYWIDE HOME LOANS, INC.
with an address at
4500 Park Granada, Calabasas, CA 91302-1613
and hereinafter referred to as "you" or the "Mortgagee."
MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant
and convey to you the premises located at:
wY
State
370
ALPINE
Municipality
83128
(the. "l~emises").
WOODEN SPUR DRIVE
LINCOLN
County
and ~rther described as:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF WYOMING, COUNTY OF LINCOLN
AND IS DESCRIBED AS FOLLOWS: LOT 28 OF GREYS RIVER VILLAGE SECOND ADDITION
TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED
JULY 22, 1994 IN THE OFFICE OF THE COUNTY CLERK AS INSTRUMENT NO. 787017.
THIS DocUMENT IS FILED FOR
RECORD B Y FIDELYI'Y NATIONAL
TITLE INS. CO. AS AN ACCO¢'IODAT1ON
ONLY. IT HAS NOT BEEN EXAMINED
AS TO ITS EXECUTION OR AS TO ITS
EFFECT UPON Till?; TITLE.
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* 06325510100 O002C62 O'
0:9001.:Z 6 7 2
DOC ID i~: 0006325610105004
The Premises includes all buildings and other improvements now or In the future on the Premises and all rights
and interests which derive from cur ownership, use or possession of the Premises and all appurtenances thereto.
LOAN: The Mortgage will secure your loan in the principal amount of $ 2 6, 9 6 0.0 0
thereof as may be advanced and ~ieedvanced from time to time to
DEAN A. LUCHETTA
JULIE L. LUCHETTA ~
or so much
· and
the Borrower(s) under the Hem: Equity Credit Line Agreement and Disclosure Statement (the "Note") dated
MAY 1 9, 2 0 0 4 , plus interest and costs, late charges and all othercharges related to the loan,
ali of which sums are repayable .according to the Note. This Mortgage will also secure the performance of all of
the promises and agreements made by us and each Borrower and Co-Signer in the Note, all of our promises and
agreements in this Mortgage, any extensions, renewals, amendments, supplements and other modifications of the
Note, and any amounts advancer., l:y you under the terms of the section of this Mortgage entitled "Our Authority
To You." Loans under the Note may be made, repaid and remade from time to time in accordance with the terms
of the Note and subject to the Credit Limit set forth in the Note.
OWNERSHIP: We are the sole o?~)er(s) of the Premises. We have the legal right to mortgage the Premises to you.
BORROWER'S IMPORTANT C B LIGATIONS:
(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the
Premises when they become du4. 'Ne will not claim any credit on, or make deduction from, the loan under the
Note because we pay these taxes 'afd charges We will provide you with proof of payment upon request.
(b) MAINTENANCE: We' will maintain the building(s) on the Premises in good condition. We will not
make major changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on
the Premises without first getting your consent. We will not use the Premises illegally. If this Mortgage is on a
unit in a condominium or a planned unit development, we shall perform all of our obligations uuder 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.
(c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire,
flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject to
your reasonable approval. The poli:ies must be for at least the 'amounts and the time periods that you specify. We
will deliver to you upon your request the policies or other proof of the insurance. The policies must name you as
"mortgagee" and "loss-payee" so that you will receive payment on all insurance claims, to the extent of your
interest under this Mortgage, be?Ore we do. The insurance policies must also provide that you be given not less
than 10 days prior written notice, of any cancellation or reduction in coverage, for any reason. Upon request, we
shall deliver the policies, certifidates or other evidence of insurance to you. In the event of loss or damage to the
· Premises, we will immediately n3tify you in writing and file a proof of loss with the insurer. You may file a proof
of loss on our behalf if we fail o'r refuse to do so; You may also sign our name to any check, draft or other order
for the payment of insurance pro]:~ds in the event of 10ss or damage to the Premises. If you receive payment of a
claim, you will have the right tclt choose to use the money either to repair the Premises or to reduce the amount
owing on the Note. :
(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or
consequential, in connection with: any condemnation or other taking of the Premises, or part thereof, or for
conveyance in lieu of condemnafiop, all of which shall be paid to yon, subject to the terms of any Prior Mortgage.
(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in
doing whatever you believe is nECessary to perfect and continue the perfection of your lien and security interest in
the Premises. ..
(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if
you choose, perform our obligat!ions and pay such costs and expenses. You will add the amounts you advance to
the sums owing on the Note, or~ v,hich you will charge interest at the interest rate set forth in the Note. If, for
example, we fail to honor our ~o:aaises to maintain insurance in effect, or to pay filing fees, taxes or the costs
necessary to keep the Premises ~ia good condition and repair or to perform any of our other agreements with you,
you may, if you choose· advanc!: ,,my sums to satisfy any of our agreements with you and charge us interest on
such advances at the interest rat(", sst forth in the Note. This Mortgage secures all such advances. Your payments
on our behalf will not cure our f,ail~re to perform our promises in this Mortgage. Any replacement insurance that
you obtain to cover lOss or dam'ages to the Premises may be limited to the amount owing on the Note plus the
amount of any Prior Mortgages.
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DOC ID #: 0006325610105004
(g) PRIOR MORTGAGE ~if :he provisions of this paragraph are completed, this Mortgage is subject and
subordinate to a prior mortgage d~ted 07/01/2003 and given by us to
COUNTRYWIDE HOME LO ',
as mortgagee, in the original amoun~ orS 220,500.00 (the "Prior Mortgage"). We shall not
increase, amend or modify the P~'io:: Mortgage without your prior written consent and shall upon receipt of any
written notice from the holder of th¢~ Prior Mortgage promptly deliver a copy of such~ notice to you. We shall pay
and perform all of our obligatiohs, ~under the Prior Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBST~X~ICES: We shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substance~ on or in the Premises. We shall not do, nor allow anyone else to do, anything
affecting the Premises that is itl v'!ohtion of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage Qn ~he Premises of small quantities of Hazardous Substances that are generally
recognized to be appropriate to ~no~nal residential uses and to maintenance of the Premises. As used in this
paragraph, "Hazardous Substan?es" are those substances defined as toxic or hazardous substances by
Environmental Law and the foi. lowing~ substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and he~rbi:cides,~ volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used ih this paragraph, "Environmental Law" means federal laws and laws of the
jurisdiction where the Premises ~: li~cated that relate to health, safety or environmental protection.
(i) SALE OF PREMISES: ~W~ will not sell, transfer ownership of, mortgage or otherwise dispOse of our
interest in the Premises, .in whole or in part, or permit any other lien or claim against the Premises without your
prior written consent. ,
(j) INSPECTION: We will l.~ennit you t° inspect the Premises at any reasonable time.'
NO LOSS OF RIGHTS: The Note. and this Mortgage may be negotiated or assigned by you without releasing us or
the Premises. You may add or tel ~,a~ e any person or property obligated under the Note and this Mortgage without
losing your rights in the Premises.
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if
required by applicable law, if anF event or condition described in Paragraph 12.A. of the Note occurs, you may
foreclose upon this Mortgage. Th~s means that you may arrange for the Premises to be sold by advertisement and
sale or by judicial foreclosure, at !,ot~r option, as provided by law, in order to pay off what we owe on the Note and
under this Mortgage. If the money you receive from the sale is not enough to pay off what we owe you, we will
still owe you the difference whicl~ you may seek to collect from us in accordance with applicable law. In addition,
you may, m accordance with applicable law, (i) enter on and take possession of the Premises; (ii) collect the rental
payments, including over-due ten:al payments, directly from tenants after simply notifying them f'u'st class mail to
make rental payments to you; (iii) m~age the Premises; and (iv) sign, cancel and change leases. We agree that the
interest rate set forth in the Note .wil'l continue before and after a default, entry of a judgment and foreclosure. In
addition, you shall be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to
foreclosure, including, but not limited to, reasonable attorneys fees and costs of documentary evidence, abstracts
and title reports.
ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rents
of the Premises. You or a receiver appointed by the courts shall be entitled to enter upon, take possession of and
manage the Premises and collect I:he rents of the Premises including those past due after simply notifying them by
first class mail to make rental payments to you.
WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to
enforce this Mortgage and hereby, waive the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale and homestead exemption.
BINDING EFFECT: Each of us shal~ be fully responsible for all of the promises and agreements in this Mortgage.
Until the Note has been paid in fell and your obligation to make further advances under the Note has been
terminated, the provisions of this Mortgage will be binding on us. our legal representatives, our heirs and all future
owne~ of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign
it. Upon payment in full of all amounts owing to you under the Note and this Mortgage, and provided any
obligation to make further advances under the Note has terminated, this Mortgage and your rights in the Premises
shall end.
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DOC ID ~: 0006325610105004
NOTICE: Except for any notice required under applicable law to be given in another manner, (a) any notice to us
provided for in this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail
addressed to us at the last address appearing in your records or at such other address as we may designate by
notice to you as provided herein, and (b) any notice to you shall be given by certified mail, return receipt
requested, to your address at
COUNTRYWIDE HOME LOANS I'NC.
4500 Park Granada, Calaba~sas, CA 91302-1613
or to such other address as you rmy designate by notice to us. Any notice- provided for in this Mortgage shall be
deemed to have been given to us ~r you when given in the manner designated herein.
RELEASE: Upon payment of ail sums secured by this Mortgage and provided your obligation to make further
advances under the Note has terminated, you shall discharge this Mortgage without charge to us, except that we
shall pay any fees for recording, of a satisfaction of this Mortgage.
GENERAL: You can waive or d ?,lay enforcing any of your rights under this Mortgage without losing them. Any
waiver by you of any provisions of this Mortgage will not be a waiver of that or any other provision on any other
occasion.
THIS MORTGAGE has been signed.by each of us under seal on the date first above written.
WITNESS:
DEAN A. LUCHETTA
Mortga/gO~
JU/IE L. LUCHETTA
Mortgagor:
(SEAL)
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
STATE OF WYOMING, County ss:
The foregoing instrument was acimowledged before me this I'~CIUI,t '2.-[ ~ L
(~rson ac~owledging) [~
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