The URL can be used to link to this page

Home My WebLink About900254 RECEIVED ,LIh.]COt..N COLI¢tTY CLERK Finance America, LLC P.o. Box 16637 , Irvine CA 92623-6637 THIS MORTGAGEis made dfis NATHAN C. HEISS,JR. MORTGAGE MIN 100052300403498131 llth day of JUNE 2004 , between the Mortgagor, AND OBREY J. HEISS,HUSBAND AND WIFE (herein "Borrower"), and the Mortgagee, Mortgage Electronic RegistrationSystems,::. Inc. ("MERS"), (solely as nominee for Lender, as hereinafterdefined, and Lender's successors and assigns). MERS is organiz{d 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, LLC , ("Lender ") is organized and existing under the laws of , Delaware , and has anaddress of 16802'As[on Street, Irvine, CA 92606 WHEREAS,Borroweris indebtedto .Lenderin the principal sum of U.S. $ 25 000 00 which indebtedness is evidenced by Borrower's note dated ' ' ' JUNE 11, 2004 and extensions and renewals thereof (herein"Note"), providing for mo~thiy installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on JULY 01, 2019 TO SECUREto Lende? the repayment of the indebtedn essevidenced by the Note, with interest th ereon; 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 agreeme.4tsof Borrower herein contained, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lmder'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 ~TTACHED HERETO AND blADE A PART HEREOF which has the address of 292 4TIt AVENUE [StreeQ AFTON [City], Wyoming 83110 [Zip Code] (herein"Property Address"); 292 4TH AVE LIE AFT 83110 TOGETHEI~vith all the improvemen s m.w or tiere;al~tererect'~OdNoh t l~e property, and all easements, rights, atmurtenances and rents, all of which'shall be deemed t6' be and remain a p?~rt of the property covered by this Mort~ge; ai~c~ all of the foregoing, together with said ~)roperty (or the leasehold estate if this Mort a e is oil a lea eh . , - th .... ~ - g . s old) are here~nafter~eferredto as ~,e ?roper,ry..B~orrower nnderstandsand ,gre-s that MERS holds only le~}~ lv~ortgage; put, it necessary to comolv with law or custom MERS r ......... : .... ~,~ ~ ,..4;~ ~ . , -, , assi~,n~} K.~c tho vg.ht, t ...... lo- ~ --' . i, r., · , . , ,, U,a .u,...2¢ .... ,.-,,~., ana Lender s successors and ;;-- o7-~' .... o¢?,~ ;,~;,, ......~c any or, al,~.ot tl.~OS~ ~n. ter. ests,.mctualn, g, but not hmited to, the right to foreclose and sell the rroperty; anti to ta~ce any action reqmred o~'~e'mer ~ncluaing, but not hmited 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 Pr°petty 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 ~'tnd 'Lender covenant and a~ree as follows: · 1. Pay~nent of Principal and Interest. Borrower shall promptly pay when due th~ principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. SuLject to applicable law or a wrilten waiver by Lender, Borrower shall pay to Lender on the day monthly payments of pri~cipal and interest are payable nnder the Note, until the Note is paid in full, a sum WYOMING - SECOND MORTGAGE - 1/80- FliM///FHLMC UNIFORM INSTRUMENT WITH MERSJ -76NIWY) 102081 · VMP MORTGAGE FORMS - (8OO}521-7291 MGEJ Form 385i Amended 2/01 LOAN ID: 0040349813 (herein "Funds~') equal to one-twelfth ,of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) whic]~' r.:my attain priority over this Mortgage and ground rents on the Property, if any, plus one,twelfth of yearly premium installm :nts for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estirnaltedinitially and from time to time by Lender on the basis of assessmentsand bills and reasonable estimates thereof. Borrowe~ st~all not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the fao)der of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lendd?, the Funds shall be heldin an institution the deposits or accounts of which are insured or guaranteedby a federal or state age.nc)? (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance p~iemiums 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 I_en:der to make such a :charge. Borrower and Lender may agree in writing at the time of execution 0f this Mortgage that interc, st. on the Funds shall, be paid to Borrower, and unless such agreement is made or applicable law requires such interest to.b ? paid, Lender sliall not be required to pay BorrOwer any interest or earnings on the Funds. Lender shall give to Borroweri 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 byI L:znder, togetlierwith the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance, prenfiums and ground rents, shall exceed the amount required to pay saki taxes, assessments, insurance premiums and g['onnd 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, assessme htr, insurance premiums and ground rents as they fall due, Borrower shall pay lo Lender any amount necessary to make up the def;~ciency in. one or more payments as Lender may require. Upon payment in full of all sums seci:ured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 liereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the s~le 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. Un!:es:; applicable law prowdes otherwise, all payments received by Lender under the Note and paragraphs l 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 pa~able 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 secur)ty:, , agreementwith a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due, llorrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributableto the Pro[ie(ty which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. ', 5. Hazard Insurance. Borrower ihall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included wi'.thin the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Ler~der may require. The insurance carrier providing tl:e ilnsurance 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 standard mo::tgage 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 agreementwith a lien which has priority over this Mortgage. fn 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 proceed s al: Lender's option either to restoration or repair of the Property or. to the sums secured by this Mortgage. : 6. Preservation and Maintenance 6f ProPerty; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair ani:l shall not commit waste or permit impairment or deteriorationof the Property and shall comply with the provisions of any le:i~se 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 documents. 7. Protection ot' Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceedktgis 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 Mortggge, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such :nsurance terminates in accordancewith Borrower's and Lender's written agreementor applicable law. Any amounts disbursed by Lend,~r oursuant to this paragraph 7, with interest thereon, at tlie Note rate, shall become additional indebtednessof 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 require Lender to incur any expense or take any action hereunder. - 8. Inspection. Lender may make or cause to be made reasonableentries 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, ~ubject 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; F°rber~rance By Lender Not a Waiver. Exlension of the time for payment or modification of amortization of the sums secured b7 this Mortgage granted by Lender to any successor in interest of Borrower shall not operateto release,, in any manner, the l.ability of the original Borrower and Borrower'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 tkis Mortgage by' reason of any demandmade by the original Borrower and Borrower'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 (~76N(WY) Io2om MOFQ · '; Page 2 of 4 .... ~"~'~ LOAN I~. :~6¢: 0349813 Form 3851 11. SUccessors and Assigns Bmmd; Joint and.Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights he'reundershall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraphi16 hereof. All c'ovenants and agreementsof Borrower shall be joint and several. Any Borrower who co-signs 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 ~he ProPerty to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and I c);agrees that Lender and any other Borrower hereundermay agree to extend, modify' forbear, or make any other accommo~!at~Onswith regard to the terms of this Mortgage Or the N0te. without that Borrower's consent and without releasing that Bor~?ower or modifying this Mortgage as to that Borrower's interest in the Prope,'ty. 12. Notice. Except for any notice !-ec[iuired under 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 addressed to Borrower at the Property Address or at such othe:[ address as Borrower 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 Borrower as prdvided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when giv¢!n ~n the manner designated herein. 13. Governing Law; Severabilii:Y... The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is l¢cated. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any provis/orl or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this. vlc. rtgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortga,~e 2nd the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all stuns to the' ex!!ent 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 Agreein!mt. Borrower shall fulfill all of BOrrower's obligations under any home rehabilitation, improvement, repair, or other loan agreen,.entwhich Borrower enters into with Lender Lender, at Lender's option, may require Borrower to execute and deliver to Leloder, in a form acceptable to Lender, an assigmnent of any rights, claims or defenses which BorroWer may have against parti~es who supply labor, materials or services in connection with improvements made to the Property.. ~ ; { 16. Transfer Of the Property or a Bieneticial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferredand Borrower is not a natural person) without Lender's prior written consent, Lend4r ~ay, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall hot:be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. · If Lender exercises this option, L~'nd'er 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 theie sums prior to the expiration of dfis period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORMCOVENANTS.i Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach uf 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 sball giv'~ notice to Borrower as provided in paragraph 12 hereof specil~ying: (1) the breach; (2) tile action required to cure such breach; (3) a date, not less than 10 days from the date tile notice is mailed to Borrower, by whicb 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 '{)1' ;he sums secured by this Mortgage. Tile notice shall further inform Borrower of tbe right to reinstate after acceleratio3 and the right to bring a court action to assert tile nonexistence of a default or any otber defense of Borrower to acceleration and sale. If tl~e breach is not cured on or before the date speciiied in the notice, Lender, at Lender's option, may declare all of the stuns secured by this Mortgage to be immediately due and payahle without further demand and may in,/'ok!~ the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to Collect all reasonaole~,costs and expenses incurred iu lmrsuing the remedies provided in this paragraph 17, including, but not 'limited to, reasonable attorneys' fees. - If Lender invokes the power of ',2ahi!, Lender shall give notice of intent to foreclose to Borrower and to tile person in possession of tile Property, it' differen'i, jn 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 tile notice of sale and the Property shall be sold in tbe manner prescribe~) by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall bii,. applied in the following order: (a) to all reasonable costs and expenses of tbe sale, including, but not limited to, reasohable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) tile excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinst~lte. Notwithstanding Lender's acceleration of tim sums secured by this Mortgage due to Borrower's breach, Bon'ower 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) ent~:,y Cf a judgment enforcing this Mortgage if: (a) Borrower pays Lender all snms 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 c0nthined in this Mortgage; (c) Borrower pays all reasonableexpenses incurred by Lender in enforcing the covenants and agreemertsof Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, inctudinf,, but not limited to, reasonable attorneys' 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 secured by t his. Mortgage shall continue unimpaired. Upon snch payment and cure by Borrower, this Mortgage and the obligations' secured her:by 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 Sball, 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) io2om Page 3 of 4 MOGx LOAN ID' 0040349813 Upon acceleration under paragraph 15' hereof or abandonmentof the Property, and at any time prior to the expiration of any period of redemption following jW. ticial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession ¢:f aad manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or tlc receiver shall be applied first to payment of the costs of managementof the Property and collection of rents, including, but Bot timited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by ~his. 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 riffs Mortgage without charge to Borrower. Borrower shall pay all costs ,of n~.cordation, if any. 21. Waiver of Homestead. Borro~ver aereby 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 Noti:ce t~ Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of an- sale or other foreclosure action. IN WITNESS WHEREOF,Borrower h as executed this Mortgage. NATHAN C. HEISS -Bm'rower OBREY J (Seal) -Borrower (Seal) -Borrower (Seal) -BmTower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WYOMING, County ss: foregoing instrument was acknowledged before me this The [Sig~ Odginal Only] ¢ My Commission Expires: ?~! .4~,~ BONNIE HA'~MONl NOTARY PUBLIC'~'~'~"'~'~q (~®-76N(WY) {0208) Page 4 ol 4 Form 3851 LOAN LEGAL DESRIPTION Part of Lot 1 of Block 22 to t_~e Town of Alton, Lincoln County, Wyoming more particularly described as follows: Commencing at a point which, is the Northeast Corner of said Lot 1 and running thence West 4 rods; thence South 6 rods; thence East 4 rods; thence North 6 rods to the:po!hr of beginning. LESS AND EXCEPT any lan:l contained in Quit Claim Deed recorded December 28, 1998 in Book 423PR on page 611 of the records of the Lincoln County Clerk. RECORDING REQUESTED BY, AND WHEN RECORDED NLML TO: Finance America, LLC 16802 Aston Street Irvine, CA 92606 Attn: Collateral Management (Space above this line for Recorder's use) PREPAYMENT RI DER MIN 100052300403498131 DATE: 06/11/2004 FOR VALUE RECEIVED, the undersigned ("Borrower") agree(s)that the following provisions shall be incorporated into that certain Mortgage, Deed of Trust or Security Deed of even date herewith (the "Security Instrument") execute,&by Borrower, as trustor, in favor of Finance America, LLC ("Lender"), as beneficiary, and also into ~hat certain promissory note (the "Note") of even date herewith executed by Borrower in favor of Lender To the extent that the provisions of this PrepaymentRider 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 arqended to read in its entirety as follows: Second Mortgage I 19616~t0203) Page 1 ot 2 VMP MORTGAGE FORMS - (8OOI521-7291 MULTISTATE (Rev. 11117197! ARGH " 6 . BORROWER'S PRI.~P.iYMENTS BEFORE THEY ARE DUE I have the right to make payrr~ents of principal at any ume before they are due, together with accrued interest. When I make a pre?ayment, I will tell the Note Holder in writing that I am doing so. If I ~nake a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agre.~s in writing to'those changes. If within TWO ( 2 ) years fro,n the date of execution oi.~ the Security Instrumentl make a full prepayment or partial prepayment(s), I will at the same time pay t.~ 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 cha'rgc 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 mon Lhs' advance interest on the amount prepaid in excess of twenty percent (20%) of the originaJ principal amount. IN WITNESS WHEREOF, .the Borrower has ¢ Borrower NATHAN C. F.E1SS executed this Prepayment Rider on the ~ ~ I1' day of Borrow~ OBI~Y J .'" HEI-SS Borrower Borrower Second Mortgage 1196166102031 Page 2 of 2 · MULTISTATE (Rev, I 1/17/97) ARGI