HomeMy WebLinkAbout900875AfterRecording RemmTo:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 9].410-042J
Prepared By:
MIMI NOEL
900875
[Space Al)ave This Line For Recordiag Data]
11851
iEscrow/Clgsin9
MORTGAGE
(Liae of Credit)
TttlS MORTGAGE, dated JULY 6, 2004 , is between
ROBERT W PINTER JR, AND TRACI L PINTER husband and wife
000647337'1107004
[Doc ID ~1
residing at
313 EMERALD STREET, KEMMERER, WY 83101
the person or persons signing as "MortgagOr(s)" below and herein after referred to as "we" or "/ns" and
Countrywide Bank, a Division of Treasury Bank, N.A.
with ~m address at
1199 North Fairfax St. Ste.500, Alexandria, VA 22314
lind hereinafter referred [o as "yotl" or tile "Mortgagee."
MORTGAGED PREMISES: In consideration of the loan hereillafler described, we hereby mortgage, grant
and convey to you the premises located at:
CANYON ROAD
Sa-eel
KEMMERER LINCOLN -
Municipality County
WY 83101
Stale ZIP (the 'Premises").
and further described as:
LOT 1 OF BLOCK 12 OF LINCOLN HEIGHTS .4TH SUBDIVISION TO THE TOWN OF
KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF.
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The Premises includes all buildings and other improvements now or m lhe future on the Premises ami ,all rights
and interests which deri ye from o'ur owuership, use or possession of tile Premises and all appurtemmces lhereto,
LOAN: The Mortgage will secure your loan in the principal amount of $ 26 q 00 00 or so much
thereof as may be advanced and rcadvanced from time to time to
ROBERT ¢/. P INTER dR
TRACI L. PINTER
, aud
the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") datetl
,JULY 6, 2004 , plus inlerest and costs, hrte charges and all otherch arges related to the loan,
all of which sums are repayable according to the Note. This Mortgage will also secure the perfommnce of all of
the pronfises and agreements ma}.le by us and each Borrower and Co-Signer in the Note, all of our promises aud
agreements m this Mortgage, auy extensions, renewals, amendmeuts, supplements and other modifications o[ the
Note, and any amonnts advanced by you under the terms of the secmm o1' this Mortgage entitled "Our Authority
To You." Loans under the Note may be made, repaid m~d remade fi'om time to time in accordance with the terms
of the Note mid subject to the Credit Limit set forth in the Note.
OWNERSHIP: We are the sole owner(s) of the Premises. We have th e legal right to mortgage the Premises to you.
BORROWER'S IMPORTANT OBL;.GATIONS:
(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the
Premises when they become due.' We will uot claim any credit on, or make deduction from, the loan under the
Note because we pay these taxes ~nd ch~u~ges We will provide you with proof of payment upon request
(b) MAINTENANCE: We will maintain the building(s) on the Premises in good comlition. We will not
make major changes in the buildi~;g(s) except for normal repairs. We will not tear down any of the building(s) on
the Premises without first gelting your consent. We will not use thc Premises illegally. If this Mortgage is on a
unit in a condominium or a pl~.mled unit development, we shall perfom~ all of oar obligations under the
declaration or covenants cre'ating or. governing the condominium or phm,~ed unit development, the by-laws and
regulations of the condominium o!' planned unit development and constilueut doct,ments.
(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 insurauce company, but our choice is subject to
your reasonable approval. The po[ici.~s nmst be for at least the mnounts and the time periods that you specify. We
will deliver to you upon your request the policies or other proof of thc iusurance. The policies nmst name you as
"mortgagee" and "loss-payee" sol-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 you be given not less
titan 10 days prior written notice 9f any cancellation or reduction iu coverage, for any reason. Upon'request, we
shall deliver the policies, Certificfites or other evidence of iusurance to you. In the event of loss or damage to the
Premises, we will immediately no,iify 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 sigu otu' llanle to any check, draft or other order
for the payment of insurance proc~ed~s in the event of loss or damage !o the Prelnises. If you receive payment of a
claim, you will have the right to' choose to nsc the money either to repair d~e Premises or to reduce the mnount
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 ,q. ny condemnation or other taki~g 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 aud filing documents and, at our expense, in
doing whatever you believe is necessary to perfect and continue the perfection of your lien aud secm-ity interest iu
the Premises.
(0 o'LrR AUTHORITY T° 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 promises to ~naintain insurance in tflX. ct, 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, it' you choose, advance' any sums to satisfy any of our agreements with you and charge us interest on
such advances at the interest rate :set forth in the Note. This Mortgage secures all such advances. Your payments
on our behalf will not cure our failure 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 amonnt owing on the Note plus the
amount of any Prior Mortgages.
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(g) PRIOR MORTGAGE: If [be provisions of this paragraph are completed, this Mortgage is subject and
subordinate to a prior mortgage d~lted and given by us to
as mortgagee, in the original amc,unI: of $ (tile "Prior Mortgage"). We shall not
increase, amend or modify the Prior' Mortgage without your prior wrilleu consent and shall upon receipt of any
written notice frotn the holder of.the Prior Mortgage promptly deliver a copy of such nolice to you. We shall pay
and perform all of our obligations under the Prior Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, storage, or
rele~se of any Haz,'u'dous SubstanceS:' oil or in the Premises. We shall not do, nor allow anyone else to do, anyflfing
affecting the Premises that is in x/iolation of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage on the Premises of small qnanlities of Hazardous Subslances that are generally
recognized to be appropriate to noi-mal residential uses and to maintenance of the Premises. As used in this
paragraph, "Hazardous Substances:" are those substances defined as toxic or hazardous substances by
Environmental Law and the following subslances: gasoline, kerosene, other flammable or toxic petrolemn
products, toxic pesticides and herbicides volatile solvents, mated:ds containing tmbestos or formaldehyde, and
radioactive materials. As used in this paragraph, "Environmental Law" memos federal laws and laws of the
jurisdiction where the Premises are located that relate to health, safety or euvironmental 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 permit you to inspect the Premises at any reasonable time.
NO LOSS OF RIGHTS: Tile Not: arid this Mortgage may be negotiated or assigned by you without relegsing ns or
tile Premises. Yon may add or rei~ease 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 any event or condition described in Paragr.'lph 12.A. of the Note occurs, you may
foreclose upon this Mortgage.. TI:is means that you may arrange for tile 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 you may seek to collect from us in acconlance with applicable law. In addition,
you may, in accordance with app~icalble law, (i) enter on and take possession of the Premises; (ii) collect the rental
payments, including over-due rental Payments, directly from.tenants after simply notifying them first class mail to
make rental payments tO you; (iii) mimage 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 tc collect all reasonable fees and costs actually incurred by you in proceediug to
foreclosure, including, but not limited to, reasonable attorneys lees and costs of documentary evidence, abstracts
and title reports.
ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you tile rents
of tile Premises. You or a receiver appointed by tile courts shall be emitled to enter upon, take possession of and
manage the Premises and collect the rents of the Pre~nises including those past due after simply notifTing them by
first class mail to make rental payments to you.
WAIVERS: To the extent pemlitted by applicable law, we waive aud release any error or defects in proceedings to
enforce tiffs Mortgage and hereby waive the benefit of any present or flmn'e laws providing for stay of execution,
.extension of time, exemption from attachment, levy and sale and homestead exemption.
BINDING EFFECT: Each of us shall be fxdly responsible for all of II~e promises and agreements in this Mortgage.
Until the Note has been paid in fiill and your obligation to make l\mher advances under the Note bas been
terminated, the provisions of this Mortgage will be binding on us, ou,' legal representatives, om' heirs and all filture
owners of the Premises. This Mortgage is for your benefit and for the benefit of ;myone to whom you may assign
it. Upon payment in fidl of all amounts owing to you under the Note ami this Mortgage, and provided any
obligation to make fimher advances under the Note has terminated, this Mortgage and your rights in the Premises
shall end.
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NOTICE: Except for any notice req:uired under applicable law to be given ~n another manner, (a) any notice to us
provided for in this Mortgage shall be given by delivering it or by ,nailing such notice by regular first class mail
addressed 1o 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 Bank, a Division of Treasury Bank, N.A.
1199 North Fairfax St. Sce.500, Alexandria, VA 22314
or to such other address as you may designate by notice to us. Any notice provided for in riffs Mortgage .shall be
deemed to have been given to us or you when given in the manner desigtmted herein.
RELEASE: Upon payment of aH'sams secured by this Mortgage and provided your obligation lo make further
advances under the Note has tenmnated, you shall discharge this Mortgage wilhout charge to tis, except that we
shall pay any fees for recordiug ora satisfactiou of this Mortgage.
GENERAL: You can waive or delay enforcing auy of your rights trader this Mortgage without losing lhem. Any
waiver by you of any provisions of this Mortgage will not be a waiver of [hat or tiny other provision on any oll'ler
occasion.
THIS MORTGAGE has been sigt~ed by each of tis under seal on the date first above written.
WITNESS:
ROBERT W. PINTER JR //
Motlgagor:
TRACI L. PINTER
Mortgagor:
(SEAL)
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
STATE OF WYOMING,
Lincoln County ss:
The foregoing instrument was acknowledged before me this Ju] y 6,
by Robert W. Pinter.'J:r. and Tract L, PinCer
(person acknowledging)
My Commission Expir~g:
2004
(date)
Not ary Public
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