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Recording Department
First American Lenders Advantage
1801 Lakepointe Dfi.v¢, Suite 111
Lewisville, TX 75057
(469) 322-2500
COUNTRYWIDE HOME LO&NS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, C& 93.410-0423
Prepared By:
CARLENA TUMMOLI LLO
RECEIVEL/
LI~COLI'4 q:Ol!?,!T'¢ CLERK
[Space Above This Line For Recording Data]
2362248
[Escrow/C~os~n~ ~]
MORTGAGE
(Line of Credit)
THIS MORTGAGE. dated ~y 24, 2004 , is between
DAVID MOORE, AND KATHY MOORE, HUSBAND AND WIFE
0006386972805004
[Doc ID
[/
residing at
112 COTTONWOOD, THAYNE. WY 83127
the person or persons signing as 'Mortgagor(s)" below and herein after referred ~o as "we" or "us" and
Countrywide Bank, a Di~rision of Treasury Bank, N.A.
with an address at
1199 North Fairfax St. Sro.500, Alexandria, VA 22314
and hereinafter referred to as "yon" or file "Mortgagee."
MORTGAGED PREMISE~( · In consideration of the loan hereinafter described, we hereby mortgage, grant
and convey to you the premises located at:
112 COTTONWOOD
Street
THAYNE LINCOLN
Municipality County
WY 83127
StYe Zm (the"Premises").
and ~rther described as:
LOT 99 IN STAR VALLEY PJ.~NCH
THE OFFICE PLAT THEREOF.
PLAT 3,
LINCOLN COUNTY,
WYOMING AS DESCRIBED IN
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493
DOC ID #: 0006386972805004
The Premises includes all building,,; and other iinprovemenm now or in the future on the Premises and all rights
and interests which derive from our~ownership, use or possession of the Premises and all appurtenances thereto.
LOAN: The Mortgage will secure. -/our loan in the principal amount of $ 30,000.00 or so much
thereof as may be advanced and rcadvanced from time to time to
DAVID MOORE
KATHY MOORE
, and
the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated
tqA¥ 24, 2004 , plus 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 mace 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 advanced by you under the terms of the section of this Mortgage entitled "Our Aulhority
To You." Loans under the Note ma~, be made, repaid and remade from time to time in accordance with the terms
of the Note and subject to the Credi~ 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 a41 real estate taxes, assessments, water charges and sewer rents relating to the
Premises when they become due. We will not claim any credit on, or make deduction from, the loan under the
Note because we pay these taxes ~nd 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 plaimed unit development, we shall perform all of our obligations under the
declaration or covenants creating o: governing the condominium or planned unit development, the by-laws and
regulations of the condominium o:' planned unit development and constituent documents.
(c) INSURANCE: We will k~p the building(s) on the Premises insured at alt 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 po!icies 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, before we do. The insurance policies must also provide that yon 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, certificates or other evidence of insurance to yon. In the event of loss or damage to the
Premises, we will immediately no!ify 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 to :l~oose 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 INTEREST:We will join with you in signing and filing documents and, at our expense, in
doing whatever you believe is nec:ssary 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 obligatic:n,'; 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 pr.6mises to maintain insurance in effect, or to pay filing fees, taxes or the costs
necessary to keep the Premises in g,od 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 rate ~et forth in the Note. This Mortgage secures all such advances. Your payments
on our behalf will not cure our fa!lrre 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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..'-..499
DOC ID #: 0096B8697280500~1
(g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and
Subordinate to a prior mortgage dated 0 ~ / 14 / 2 0 0 3 anti given by us to
COUNTRYWIDE HOME LOANS
as mortgagee, in the original am6unt of $ 118, 2 0 0.0 0 (the "Prior Mortgage"): We shall not
increase, amend or modify the [ri:ar Mortgage without your prior written consent and shall upon receipt of any
written notice from the holder of the Prior Mortgage promptly deliver a copy of such notice to you. We shall pay
and perform all of our obligatic, nS under the Prior Mortgage as and when required under the Prior Mortgage.
th) HAZARDOUS sUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substmtc,~;s 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 0n the Premises of small quantities of Hazardous Substances that are generally
recognized to be appropriate to! ~;'.ormal residential uses and to maintenance of the Premises. As used in this
paragraph, "Hazardous Substa{~.c~s'' are those substances defined as toxic or hazardons substances by
Environmental Law and the fcll!3wing substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and h,x)icides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used 'ml this paragraph, "Environmental Law" means federal laws and laws of the
jurisdiction where the Premises are:located, that relate to health, safety or environmental protection:
ti) SALE OF PREMISES:: We will not sell, transfer ownership of, mortgage or otherwise dispose of our
interest in the Premises, in whol~ !3r in part, or permit any other lien or claim against the Premises withoUt your
prior written consent.
(j) INSPECTION: We will .pc;;rmit you to inspect the Premises at any reasonable time.
NO LOSS OF RIGHTS: The Not,e and 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 the Premises.
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure periotl if
required by applicable law, if ary,event or condition described in Paragraph 12.A. of the Note occurs, you ~nay
foreclose upon this Mortgage. This means that you may arrange for the Premises to be sold by advertisement and
sale or by judicial foreclosure, at 'Your 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 which ),ou may seek to collect from us in accordance with applicable law. In addition,
you may, in accordance with applicable law, ti) enter on and take possession of the Premises; (ii) collect the rental
payments, including over-due rentH payments, directly from tenants after si~nply notifying them first class mail to
make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree fl~at 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 li:nited to, reasonable attorneys fees and costs of documentary evidence, abstracts
and title reports.
ASSIGNMENT OF RENTS; APl?OINTMENT OF ,RECEIVER: As additional security, we assign to you the rents
of the Premises. You or a receiv,,r apPointed by the courts shall be entitled to enter upon, take possession of and
manage the Premises and collect the rents of the Premises includiug those past due after simply notifying them by
first class mail to make rental pas'ments to you.
WAIVERS: To the extent permit';ed by applicable law, we waive and release any error or defects in proceedings to
enforce this Mortgage and hereb~l 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 sh',all be fully responsible for all of the promises and agreements in this Mortgage.
Until the Note has been paid in hill and your obligation to make further advances under the Note has been
terminated, the provisions of this iV'ortgage will be binding on us, our legal representatives, our heirs and all furore
owners of the Premises. This Mcrti;,age 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 advanzelg under the Note has terminated, this Mortgage and your rights in the Premises
shall end.
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DOC 'rD ~: 0006386972805004
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 si' a!l be given by delivering it or by mailing such notice by regular first class mail
addressed to us at the last addrcs~ appearing in your records or al sttch other address as we may designate by
notice to you as provided herein, and (b) any notice to yon shall be given by certified mail, return receipt
requested, to your address at
Countrywide Bank, a DJ.vision of Treasury Bank, N.A.
1199 North Fairfax St. Ste.500, Alexandria, VA 22314
or to such other address as you ;nay designate by notice [o us. Any notice provided for in this Mortgage shall be
deemed to have been given to us or you when given in the manner designated herein.
RELEASE: Upon payment of a'.~l 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 ceiay 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 si~ncd by each of us under seal on the date first above written.
WITNESS:
DAVID MOORE
Mortgagor:
(SEAL)
MATHY MOORE
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
STATE OF WYOMING, County ss:
The foreg~oing instmmen! v~s ac.~owledged before me this 5 ~ ~' ~ ~
My commission Expires: ~ ~~ ~~~ ~ _
: ~ot~y Public
~ Comml~don ~pl~ ~ (o -
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