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AFTER RECORDING PLEASE RETLFRN TO-'
" 't?! '¢ Recocd and ReDIFn
1 27 Inwood Road
E)LRKLEY, JOHN S Rockg Hill, CT 06067
90086l
MORTGAGE]
THIS MORTGAGE is made fi'lis 2 a th day of May
JOHN S BLAKLEY & ANN E BLAKLEY, Husband & Wife
RECEIVED
LIN'"., . Nq', Ot. ERK
0048910996
2 0 0 4 , between the Mortgagor,
FIRST HORIZON HOME LOAN CORPOI'~ATION
existing Under the laws of THE STATE OF KANSAS
4000 Horizon Way, IRVING, T!.~ 75063
WHEREAS, Borrower is indebted 1:o Lender in the principal sum of U S. $
indebtedness is evidenced by Borrower's note dated May 28th, 2004
(herein "Borrower"), and the Mortgagee,
, a corporation organized and
, whose address is
(herein "Lender").
121,000.00 , which
and extensions and renewals
thereof (herein "Note"), providing tbr monddy installments of principal and interest, with the balance of indebtedness, if not sooner
paid, due and payable on July let, 2019 ;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all
other sums, with interest thereon, advanced m accordance herewith to protect the security of this Mortgage; and the pertbrmance of
thb covenants and agreements of Borro~ver,herein contained, Borrower does hereby mortgage, grant and convey to Lender, with
power of sale, the following described property located in the County of L±ncoln
State of Wyoming:
All that tract or parcel of land as shown on Schedule "A" attached
hereto which is incorporated herein and made a part hereof.
which has the address of 149 L2LKESPUR CIR BOX 3694 [Streeq,
ALPINE [City], Wyoming 83128 [Zip Code] (herein "Property Address");
TOGETHER with all the improvements now or hereafter erected on the property, and all easelnents, rights, appurtenances and
rents, all of which shall be deemed to Ire and remain a part of the property covered by this Mortgage; and all of file lbregomg,
together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinal~er referred lO as the "Property"
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 Prdperty is unencumbered, except for encumbrances of record. Borrower covenants fimt
Borrower warrants and will defend generally the title to the Property againsl all claitns and demands, subject to encmnbrauces of
record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: ~)
1. Payment of Principal and Inlerest. Borrower shall promptly pay when due the principal and interest indebtedness
evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender
on the day nmnthly payments of principal .and interest are payable under the Note. until the Note is paid in fidl, a sum I~herein
"Funds") equal to one-twelffi~ of the yearly taxes and assessments (including condonfinium and planned unit dcvelop~nent
assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twellih of
yearly premimn installments for hazard insurance, plus one-twelfth of yearly prmmum installments for mortgage insurance, it' any,
all as reasonably estimated initially and I¥om time to time by Lender on the basis of assessments and bills and reasonable estimates
thereof. Borrower shall not be obligated to umke such payments of Funds to Lender to the extent that Borrower makes such
payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.
WYOMING - 1/80 - FNMAJFHLMC UNIFORM INSTRUMENT
SECOND
MORTGAGE
Page 1 ol 4
(~;)~-76(WY) Mortgage Solulion$ (800)521-7291
(0308)
VMP
.¢.~;?~:~:' .~ ~ , .,...~.,
l_.
· If Borrower pays Funds to Lender; the' Funds sball be held in an institution the deposits or accounts of which are insured or
guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said
taxes, assessments, insurance premiums and ground rents. Lender may not charge tbr so holding and applying tile Funds, analyzing
said account or verifying and compiling s.aid assessxnents and bills, unless Lender pays Borrower interest on the Funds and
applicable law permits Lender to make such' a charge. Borrower and Lender may agree in writing at the time of execution of this
Mortgage that interest on the Funds shall be.paid to Borrower, and unless such agreeme,lt is made or applicable law requires such
interest to be paid, Lender shall not be required to pay Borrower ally interest or earnings on the Funds. Lender shall give to
Borrower, without charge, an annual achounting of the Funds showing credits and debits to file Funds and fl~e purpose roi' which
each debit t° the Funds was made. The Fmlds are pledged as additiomd security lbr the sums secured by this Mortgage.
If the amouut of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessnrents, insurance priemitlms anti ground rents, shall exceed tile amount required to pay said laxes, assessments,
insurance premiums and ground rents :as they fall due, such excess shall be, at Borrower's option, either promptly repaid to
Borrower or credited to Borrower on monthly instalhnents of Funds. Il' the amount of the Funds held by Lender shall not be
sufficient to pay taxes, assessments, insurance prenfiums and ground rents as they fall due, Borrower shall pay to Lender any
amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all snms secured by this Mortgage, Lender shall prolnptly refund to Borrower any Funds held by
Lender. If under paragraph 17 hereof the Property is sold or file Property is otherwise acquired by Lender, Lender shall apply, no
later than immediately prior to tile sale', of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against fl~e sums s,i~cur'cd by this Mortgage. r
3. Application of PaYments. Unless applicable law provides otherwise, all payments received by Lender nnder the Note and
paragraphs 1 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 payable ou file 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 obligatinns under any
mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's
covenants to make payments wheu due...Borrower shall pay or caus6 to be paid all taxes, assessments and other charges, fines aud
impositions attributable to the Property ;yhich may attain a priority over this Mortgage, and leasehold payments or gronnd reuts, if
ally.
5. Hazard Insurance. Borrower shal} keep the hnprovements now existing or bereafte~ erected on the Property insured
against loss by fire, hazards included w.ithin the term "extended coverage," alld such other hazards as Lender niay ~'eqnire and in
such amounts and for such periods as Lender! may require.
The insurance carrier providing thC ins!lrance shall be chosen by Borrower subject to approval by l.ender; provided, that sucli
approval shall not be nnreasonably witluheld. All insurance policies and renewals thereof shall be in a form acceptable to I.ender
and shall include a standard mortgage clause! in favor of and ill a form acceptable to Lender. Lender shall have the right to hold the
policies and renewals thereof, subject to tile terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over this Mortgage. -
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender niay make proof of 10ss if
not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower tails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the ins,~rance carrier offers to settle a claim for insurance benefits. Lender is authorized to
collect and apply the insnrance proceeds, at Lender's option either to restoration or repair of the Property or to the sums secured by
this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condonliuitnus; Planned Unit Developments. Borrower
shall keep file Property in good repair and shall not commit waste or permit impairment or deterinratiou of the Property and sllall
comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a uuit in a condomininm or a
planned unit development, Borrower sliall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominium or plaintiff milt development, the by-laws and regulations of the condominium or planned uuit
development, and constituent documents,
7. Protection of Lender's Secnrity. If Borrower fails to perform the covenants and agreements contained in this Mortgage,
or if any action or proceeding is conm~mced which materially affects Lender's interest in the Property, then Lender, at Lender's
Ol~tion, upon notice to Borrower, may ~ake such appearances, disburse such sums, including reasonable attorneys' lees, and take
such action as is necessary to protect L'mder's interest. If Lender required mortgage insurance as a condition of making file loan
secured by this Mortgage, Borrower shall pay the preminms required to maintain such insurance ill effect until such time as the
requirement ibr such insurance terminates in accordauce with Borrower's anti Leuder's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional
indebtedness of Borrower secured by tlfis Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts
shall be payable upon notice from Leniler ~o 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 reasonable entries upon and inspections of the Property, provided that
Lender shall give Borrower notice prior to ~3ny such inspection specifying reasonable cause theretbr related to Leuder's interest in
the Property.
9. Condemnation. The proceeds' of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condenmation, are hereby assigned and
shall be paid to Lender, subject to the,'terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by fids. lVlt~rtgage granted by Lender to any successor in interest of Borrower shall not operate to
release, in any maturer, file liability of fl~e original Borrower and Borrower's successors in interest. Lender shall not be required to
commence proceedings agah~st sucb successor or refuse to extend time tbr payment or otherwise modi(y amortization of the snms
secured by this Mortgage by reason of any demand nude by the original Borrower and Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy l~ereunder, or otherwise afforded by applicable law, shall not be a waiver
of or preclude the exercise of any such right Or remedy.
0048910996
(~)~ -76(WY) (o3oa)
Page 2 ol 4
inilials:~51
11. Successors and Assigns Boundi .loint and Several Liability; Co-signers. The cove~mnts and agreemenls herein
contained shall bind, and tile rights heret, nd~r shall inure to, the respective successors and assigns of Lender and Borrower; subject
to the provisions of paragraph 16 hereqf Afl covenants and agreements of Borrower shall be joint and several. Any Borrower who
co-signs this Mortgage, but does not exsecute the Note, (a) is co-signing dfis Mortgage only to mortgage, grant and convey that
Borrower's interest in the Property to L'md~r under the terms of this Mortgage, (b) is not personally liable on the Note or under
this Mortgage, and (c) agrees that Lender and any other Borrower herennder may agree to extend, modify, forbear, or nmke any
other accommodations with regard to tbe te,'ims of this Mortgage or the Note without that Borrower's conseut and without releasiug
that Borrower or modifying this Mortgag?. as: to that Borrower's interest in the Property.
12. Notice. Except for any notice. ~-eqnired under applicable law to be given in another manner, (a) any notice to Borrower'
provided for in this Mortgage shall be g~ve~¢ by delivering it or by nmiling sucb notice by certified ,nail addressed to Borrower at
the Property Address or at such other ~:ddr, ess as Borrower may designate by notice to Lender as provided herein, and (b) any
notice to Lender shall be given by certifi':.~d mail to Lender's address stated herein or to such other address as Lender may desiguate
by notice to Borrower as provided herein. Any notice provided for in this Mortgage .~hall be deemed to have been given to
Borrower or Lender when given in the nmnner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of tbe jurisdiction in
which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the eveut
that any provision or clause of this Mortgage or the Note conflicts with applicable law, sncb conflict sball not affect otber
provisions of fids Mortgage Or the Note wbich can be given effect without tile conflicting provision, and to this end the provisions
of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expe,3ses" and "attorneys' lees" include all
sunis to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower :shall be furnished a conformed col3), 0f file Note and of this Mortgage at the time of
execution or after recordation hereof.
15. Rehabilitation Loan Agreem"mt, Borrower sball fulfill all of Borrower's obliga'tions nnder any borne rebabilitation,
improvement, repair, or other loan agreement which Borrower enters into with Le,~der. Lender, at Lender's Option, may require
Borrower to execute and deliver to Lender, lin a form acceptable-to Lender. au assignment of auy rights, claims or defenses whicb
Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property.
16. Transfer of tbe Property or a Beneficial Interest in Borrower. If all or any part of the Property or auy interest in it 'is
sold or transferred (or if a beneficial ir,,crest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may.! at its option, require inm~ediate payment in full of all sums secured'by this IVlortgage.
However, this option shall not be exercised t!y Lender if exercise is prohibited by federal law as of the date of this Mortgage.
If Lender exercises this up,lo,,, Lender 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 nmst pay all sums secnred by this Mortgage. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Mortgage without further notice or deumnd on Borrower.
NON-UNIFORM COVENANTS~. Bon;ower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, npon Borrowe,"s breach of any cuvenant or
agreement of Borrower in tiffs Mortgage, including the covenants to pay when due any stuns secnred by this Mortgage,
Leuder prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (13 the breach;
(2) the actiou required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower,
by which snch breacb must be cured; and (4) that failure to cure sncb breach on or before the date specified i, the notice
may result in acceleration of the sums scented by this Mortgage. The ,~otice slmll fnrther inform Borrower of the right to
reinstate after acceleration and the ri[,ht to bring a conrt action to as~';e,-t the nonexistence of a del:auit or any other defense
of Borrower to acceleration and sale. Ii' tbe breach is not ct,red on or I)cfo,-e the date specified in the notice, Lender, at
Lender's option, may declare all of the stems scented by this Mortgage to be immediately due and payable witlmnt further
denmnd and may invoke the power of'Sale and any other remedies permitted by applicable law. Lender shall be eutitled to
collect all reasonable costs and expen~,;es incurred in pnrsuing the remedies provided in this paragt-aph 17, inclnding, bnt
not limited to, reasonable attorneys' fe~es. '
If Lender invokes the power of sale, Leuder shall give notice of intent to foreclose to Borrower and to the person in
possession of the Property, if different~ in ~accordance with applicable law. Lc,der shall mail a copy ut' a notice of the sale to
BorrOwer in the manuer provided in paragraph 12 hereof. Lender shall p,blisb the notice of sale and the Property shall be
sold in the manuer prescribed by applicable law. Lender or Lender's designee may purchase the Property at an), sale. The
proceeds of the sale shall be applied ia the following order: (a) to all reasouable costs and expenses of the sale, inclnding,
but not limited to, reasonable attorneys' tees and costs of title evidence; (b) to all stuns secured by this Mortgage; and (c)
the excess, if any, to the person or persons legally entitled thereto.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the snms secured by this Mortgage due to
BorroWer's breach, Borrower sball have the right to have any proceedings begnn by Lender to enforce this Mortgage discontint~ed
at any dine prior to the earlier to occur of (i) the fifih day before sale of the Property pursuant to the power of sale contained in this
Mortgage or (ii) entry of a judgment e:fforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due
nnder this Mortgage and the Note had' no acceleration occurred; (b) Borrower cures all breaches of any other covenants or
agreements of Borrower contained in ,hi;' Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enlbrcing the
covenants and agreements of Borrower contained in this Mortgage, and in enlbrcing Lender's remedies as Provided in paragral)h
17 hereof, including, but not Ii,nj,ed to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasouably
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 this Mortgage shall con,brae unimpai?ed.. Upou such payment and cure by Borrower, this Mortgage and the obligations secured
hereby shall remain in full force and effect a:; if no acceleration had occurred.
19. Assignment of Rents; Appointma. nt of Receiver; Lender iu Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or
abandonlnent of the Property, have the rigbt to collect and retain such rents as flley become due and payable.
0048910996
(~-76(WY) (o3o~)
Page 3 ol 4
Upon acceleration under paragraph 17 hm:eof or abandonment of the Property, and at any time prior to the expiration of any
period of redemption following judicial sale, Lender, .in person, by agent or by judicially appointed receiver, shall be entitled to
enter npon, take possession of and manage d~e Proparty and to collect the rents of the Property including those past clue. All rents
collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of
rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the
sums secured by this Mortgage Lender ~nd 21~e recmver shall be liable lo account only for those rents actually received.
20. Release. Upon paymem of all suns secured by this Mortgage, Lender shah release this Mortgage without charge to
Borrower. Borrower shall pay all costs cf recordation, if any.
21. Waiver of Homestead. Borro¥:er hereby waives all right of homestead exemption in the Property.
1;.EQUEST FOR NOTICE OF DEFAULT
'-AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender reqnest the holder of any mortgage, deed of trust or olher encumbrance with a lien which has priority
over this Mortgage to gtve Notice to Lender, al Lender's address set forth on page one of this Mortgage, of any default under the
superior encumbrance and of any sale or other lbreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
J(/~N S BLAKLEY .--) -Borrower ~ E BLAKLEY
(Seal)
~Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-[lofro,,vcr
(Seal)
-Borrower
(Seal)
Borrower
[Sign Original Otdy]
STATE OF WYOMING,
LINCOLN
by
The foregoing instrument was ackn:owledged before me this
JOHN S BLAKLEY & ANN E BLAKLEY
My Conunission Expires: / t5 - ,,3/5 ~ i~'9
County ss:
(t}'~ ' ' bson ~ 14otory Public
Notarff Public ~ -
0048910996
(~)~ -76(WY) (D308)
Page 4 o! 4
Form 3851
RIDER TO DEED OF TRUST/MORTGAGE/SECURITY DEED
0048910996
Date:
5/28/2004
The escrow of taxes and insu"ance required in Paragraph 2 of 3,our DEED OF
TRUST/MORTGAGE/SEC[RITY DEED to
FIRST HORIZON HOME L0~.N CORPORATION
is hereby waived and you ,are, notified that you are not required to deposit with
FIRST HORIZON HOME LOAN CORPORATION
any of the mnounts set for[h in said paragraph, provided:
(a)
(b)
Escrows for kture taxes and insurance premiums are being collected and maintained by
the holder or servicer of the mortgage lom~ superior to our. lien; or
If you pay your own taxes 'and insurance premiums, you fulfill your Obligation to keet)
taxes mid insu,:ance prenfimns current with respect to the property secured hereby.
This waiver does not, in any .waY, release you from your obligation to make escrow payments of taxes
aud insurm~ce to the holder o*.' ahy prior mortgage, nor does it relieve you of your obligation to keep
taxes and insurance premiums current with respect to the secured property.
All payments will be applied'ifirCt to the accrued interest mid next to the unpaid principal of your lomb.
The exact amount of your final payment, finm~ce charge, ~d total of payments will be somewhat more
or less than the amounts shoxOn if we do not receive each paylnent on the scheduled payment date.
RECEIPT ACKNOWLEDGED:
~ E BL~LEY
2nd Rider
CB6D082 Revised 8/01
S CI-IE DULE "A"
THE FOLLOWING DESCRIBED T~ACT OF LAND IN LINCOLN COUNTY. STA-FE OF WYOMING, HEREBY
RELEASING AND WAIVING ALl_ RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF
TH E STATE. TO-WIT:
LOT 9 OF THE LAZY B SUBDIVISION. LINCOLN COUNTY. WYOMING ACCORDING TO THAT PLAT RECORDED IN
THE OFFICE OF THE COUNTY CLERK
SUBJECT TO RESTRICTIONS R~SERVATtONS EASEMENT COVENANTS. OIL. GAS OR MINERAL RIGHTS OF
RECORD, F ANY.
TITLE HELD BY: JOHN S BLAKLEY AND ANN E BLAKLEY, HUSBAND AND WIFE. AS TENANTS IN COMMON
PARCEL:
WARD:
BART:
37182030003(?00