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RECEIVED
'LINCOLN COLINTY CLERK
'.II_IH I G Pi! !?: ,°,8
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Prepared By:
JANET B. GORDON
906
[Space Above This Line For Recording Data]
2318899
[Escrow/Closing
0006304459505004
[Doc ID ~]
MORTGAGE
(Line of Credit)
THIS MORTGAGE, dated MAY 19, 2 0 0 4 , is between
RICHARD L JENKINS, AND K~.THLEEN A JENKINS, HUSBAND AND WIFE, AS TENANTS BY
THE ENTIRETIES
residing at
225 BLACK MOUNTAIN LANE, ALPINE, WY 83128
the person or persons signing as "]'~lortgagor(s)" below and hereinafter referred to as "we" or "us" and
COUNTRYWIDE HOME LOANS, INC.
with an address at
4500 Park Granada, Calabasa$, CA 91302-1613
and hereinafter referred to as "you" orthe "Mortgagee."
MORTGAGED PREMISES In consideration of the loan hereinafter described, we hereby mortgage, grant
and convey to you the premises logated at:
State
225 BLACK MOUNTAIN LANE
Street
ALPINE LINCOLN
Municipality County
83128
(the "?remises").
and further described as:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF Wyoming,
COUNTY OF LINCOLN CITY OF ALPINE, AND DESCRIBED AS FOLLOWS: A TRACT OF LAND
LYING IN AND BEING A PCRTION OF THE SE1/4SE1/4 OF SECTION 4, TOWNSHIP 36
NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH
BOUNDARY OF SAID SECTION 4, SAID POINT BEING 32.36 FEET S 89 DEGREES 42'16"
E FROM A BLM TYPE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID SE1/4SE1/4;
THENCE NORTH 965.75 FEET; THENCE S 43 DEGREES 28'27" E 1199.52 FEET; THENCE
S 4 DEGREES 50'48" E 100.00 FEET; THENCE N 89 DEGREES 42'14" W 833.82 FEET
TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NUMBER: 12-3619-04-4-00-228.00
· HFLOC - WY Mortgage
2C620~WY (02/03)(d)
'23991
Page 1 of 4Initials: ,~ ~'~
* 063044595000002C620'
o9ooao3 907
DOC ID #: 0006304459505004
The Premises includes all buildings and other improvements now or in the future on the Premises and all rights
and interests which derive from 6ur ownership, use or possession of the Premises and all appurtenances thereto.
LOAN: The Mortgage will sect!:re 'your loan in the principal amount of $ 58,750.00
thereof as may be advanced and :eadvanced from time to time to
RICHARD L. JENKINS
KATHLEEN A. JENKINS
or so milch
· and
the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated
lq~¥ 19, 2004 ,phts interest and costs, late charges and all othercharges related to the loan,
all of which sums are repayable'according to the Note. This Mortgage will also secure the performance of all of
the promises and agreements mi~de by us and each Borrower and Co-Signer in the Note, all of our promises and
agreements in this Mortgage, any e~tensions, renewals, amendments, supplements and other modifications of the
Note, and any amounts advanced bp you under the terms of the section of this Mortgage entitled "Our Authority
To You." Loans under the Note 'ma9 be made, repaid and remade from time to time in accordance with the terms
of the Note and subject to the Cr:dit Limit set forth in the Note.
OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you.
BORROWER'S IMPORTANT OBLIGATIONS:
(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the
Premises when they become du:e. We will not claim any credit on, or make deduction from, the loan under the
Note because we pay these taxes and 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 bulk.lng(s) except for normal repairs. We will not tear down any of the building(s) on
the Premises without first gettir/g 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 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.
(c) INSURANCE: We wi_l 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 policies must be for at least the amounts and the time periods that you specify. We
will deliver to you upon your recluest the policies or other proof of the insurance. The policies must name you as
"mortgagee" and "loss-payee" fo that you will receive payment on all insurance claims, to the extent of your
interest under this Mortgage, b~fore we do. The insurance policies must also provide that you be given not less
than 10 days prior written notic: of any cancellation or reduction in coverage, for any reason. Upon request, we
shall deliver the policies, certificates or other evidence of insurance to yon. In the event of loss or damage to the
Premises, we will immediately r otify 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 or refuse to do so. You may also sign our name to any check, draft or other order
for the payment of insurance proceeds in the event of loss or damage to the Premises. If you receive payment of a
claim, you will have the right t~) 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 condemnation, all of which shall be:paid to you, subject to the terms of any Prior Mortgage.
(e) SECURITY INTERESr: 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 TD YOU: If we fail to perform our obligations under this Mortgage, you may, if
you choose, Perform our obligations and pay such costs and expenses. You will add the amounts you advance to
the sums owing on the Note, on which you will charge interest at the interest rate set forth in the Note. If, for
example, we fail to honor our pronfises to maintain insurance in effect, or to pay filing fees, taxes or the costs
necessary to keep the Premises in good condition and repair or to perform any of our other agreements with you,
you may, if you choose, advance any sums to satisfy any of our agreements with you and charge us interest on
such advances at the interest rat: set forth in the Note. This Mortgage secures all such advances. Your payments
on our behalf will not cure our failt~re to perform our promises in this Mortgage. Any replacement insurance that
you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the
amount of any Prior Mortgages.
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'20620-WY (02/03)
initials:
O O0 Oa ,. i.. 9 0 8
DOC ID #: 000630~1459505004
(g) PRIOR MORTGAGE: i'f the provisions of this paragraph are completed, this Mortgage is subject and
subordinate to a prior mortgage dated 11 / 04 / 2002 and given by us to
COUNTRYWIDE HOME LOANS,' INC.
as mortgagee, in [he original amoun;, of $ 4 6 8, 0 0 0.0 0 (the "Prior Mortgage"). We shall not
increase, amend or modify the Prior Mortgage without your prior written consent and shall upon receipt of any
written notice from the holder of :he Prior Mortgage promptly deliver a copy of such notice to you. We shall pay
and perform all of our obligations iunder the Prior Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBSTMNCES: We shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substanb~es on or in the Premises. We shall not do, nor allow anyone else to do, anything
affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage cn the Premises of small quantities of Hazardous Substances that are generally
recognized to be appropriate to no~nnai residential uses and to maintenance of the Premises. As used in this
paragraph, "Hazardous Substan,::e.q' are those substances defined as toxic or hazardous substances by
Environmental Law and [he fol'~lo~ing substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxicl pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in: tlhis paragraph, "Environmental Law" means federal laws and laws of the
jurisdiction where the Premises are located that relate to health, safety or environmental protection.
(i) SALE OF PREMISES: 'we 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 [ eh.nit you to inspect the Premises at any reasonable time.
NO LOSS OF RIGHTS: The Note ar,~d this Mortgage may be negotiated or assigned by you without releasing us or
the Premises. You may add or release any person or property obligated under the Note and this Mortgage without
losing your rights in [he 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 any event or condition described in Paragraph 12.A. of the Note occurs, you may
foreclose upon this Mortgage. Th:~ means that you may arrange for [he Premises to be sold by advertisement and
sale or by judicial foreclosure, at ):ot~:i' option, as provided by law, in order to pay off what we owe on the Note and
under this Mortgage. If the monej you receive from the sale is not enough to pay off what we owe you, we will
still owe you the difference which you may seek to collect from us in accordance with applicable law. In addition,
you may, in accordance with applcable law, (i) enter on and take possession of the Premises; (ii) collect the rental
payments, including over-due ren;'ai payments, directly from tenants after simply notifying them first class mail to
make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the
interest rate set forth in the Note will 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; APFOINTMENT OF RECEIVER: As additional security, we assign to you the rents
of the Premises. You or a receivei' appointed by the courts shall be entitled to enter upon, take possession of and
manage the Premises and collect Ire !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 frorrl 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 full 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
owners of the premises. This Mo~(tgage 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 -ander the Note has terminated, this Mortgage and your rights in the Premises
shall end.
· HELOC - WY Mortgage
2C620-WY (02/03)
Page 3 of 4 Initials: ~ L_-'"'i~
0 0020a
L .. 90'3
DOC ID #: 0006304z]59505004
NOTICE: Except for any notice r,.'qmred 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,' INC.
4500 Park Granada, Calabasas, CA 91302-1613
or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be
deemed to have been given to us c r you when given in the manner designated herein.
RRI.EASE: Upon payment of all sutns secured by this Mortgage and provided your obligation to make further
advances under the Note has tern~,inated, you shall discharge this Mortgage without charge to us, except that we
shall pay any fees for recording ol a satisfaction of this Mortgage.
GENERAL: You can waive or delay :enforcing any of your rights under this Mortgage without losing them. Any
waiver by you of any provisions cf this Mortgage will not be a waiver of dmt or any other provision on any other
occasion.
THIS MORTGAGE has been sign:d by each of us under seal on the date first above written.
WlTNESS:
RICHARD L.
Mortgagor.
JENK I N~
KATHLEEN A. JENKINS
Mortgagor:
(SEAL)
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
STATE OF WYOMING, /---,'r~do]~ County ss:
was aek,owledged before me this .~/'57t _rQ/tOoJ O--~ ]~;')('-Q(~,.,
The
foregoing
ins~ment
'
J
~rson acknowledging)
My Commission Expires: ~ ,'~ ~ ~;~~;
Not~y Public
· HELOC - wy Mortgage
2C620-WY (02/03)
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