The URL can be used to link to this page

Home My WebLink About9009119009 I! RECEIVED tlNCOLN COUNTY OLERK J!l, -9 PI'112: When recorded return/o: Custom Title Solutions 2550 N. Redhill Avem Santa A,,a, CA 92705 (800) 756-3524 exl. 591 Prepar~t By: YVONNE PAR~ [Space Abave This Line For Recordlng Dala] 685020 [Escrow/Closing ~} MORTGAGE (Line of Credil) THIS MORTGAGE. dated MAY 20, 2004 , is between RONALD E AHREt~S, AND MARY ANN THEIR SUCCESSORS IN TRUST, UHDER, THE RONALD AHRENS LIVING TRUST, DATED FEBRUARY 14, 2000 0006332218005004 [Doc ID 8] AHRENS, TRUSTEES, OR E AHRENS AND MARY ANN residing at 4986 MUDDY STRING ROAD, THAYNE, WY 83127 the person or persons signing as "M orl gagor{s)" below and hereinafter referred to as "we" or "us" and Countrywide Bank, a Division of Treasury Bank, N.A. with an address at 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 and hereinafter referred lo ils "you" or thc "Mortgagee." MORTGAGED PREMISES: and convey to you the pretnises located at: 4986 THAYNE Municipality wy 83127 State ZIP (file "P:emises"). consideration of the loan hereinafler described, we hereby morlgage, grant MUDDY STRING ROAD Street LINCOLN County and further described as: SEE EXHIBII "A" ATTACHED HERETO AND MADE A PART HEREOF. 1HIS DOCUMENT IS FILED FOR RECORD BY FIDELITY NATIONAL TITLE INS., CO..AS AN ACCOMIv, ODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT iJPON THE TITLE. · HEI_OC - WY Mortgage 2C620-WY (02/03)(d) ' 23991' Page I of 4 Initials: ~,,//ff/~ ' 063322180000002C620' 5'- z{, DOC I'D #: 0006332218005004 The Premises includes all buildings anti other improvements now or in the future on the Premises and all rights and interests which derive from our ownership, use or possessiou of the Premises and all appurtemmces thereto. · LOAN: The Mortgage will secure yonr loan itl the principal amount of $ 59,500.00 or so much thereof as may be advanced and ?eadvanced from time to time to iq_A. RY ANN AHRlgNS RONALD El. AHRENS , and the Borrower(s) under tile Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated HAY 2 0, 2 0 0 4 '~ , plus interes[ aud costs, ]ate charges and all bthercharges related to the loan, all of which stuns are repayable'according to tile Note. This Mortgage will also Secure the performance of all of the promises and agreements made by tls 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 Authofity To Yon." Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credii Limit set forth in the Note. OWNERSHIP: We axe the sole cwner(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 due. We will riot claim any credit on, or make deduction from, file 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 maintaiu the building(s) on the Premises in good condition. We will not make inajor 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 ill,:gally. If this Mortgage is on a unit in a condominimn or a [~lanned 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 regnlations of the condominium or planned nnit development and constituent documents. (c) INSURANCE: We will keep the building(s) on the Prelnises 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 ti~ne periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance. The policies mnst 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 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 you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a proof of loss with toe insurer. You may file a proof of loss on onr behalf if we fail er refuse to do so. You may also sign our name t{ any check, draft or other order for the payment of insurance proceeds in the event of loss or dmnage to the Premises. If you receive pay~nent of a claim, you will have the fight 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 wdh 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 yon believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises. (f) OUR AUTItORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if you choose, perform our obligations and pay snch costs and expenses. You will add the amounts you advance to the sums owing on the Note, on which you will charge interes! at tile interest rate set forth in the Note. If, for example, we fail to honor our promises 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 rate set forth ill the Note. This Mortgage secures ali such advances. Your payments on our behalf will not cure our failure to perform our promises itl 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. · HELOC - WY Modgage 2C620-WY (02/03) Page 2 of 4 Inltials~.~ DOC ID #: 0006332218005004 (g) PRIOR MORTGAGE: [f the provisions .of this paragraph are COlnpleted, this Mortgage is subject and subordinate to a prior mortgage dated 10 / 22 / 2002 and given by us to COUNTRYWIDE as mortgagee, in the original amount of $ 215,000.00 (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 the Prior Mortgage promptly deliver a copy of such notice to you. We shall pay and perfoi'm 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 prestmce, use, disposal, storage, or release of any Hazardous Substan::es on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that is in vsolation of any Environmental Law. The preceding two senteuces shall not apply to file presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to hernial residential uses and to maintenance of the Premises. As used in this paragraph, "Hazardous Substan:es" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials contaimng asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the jufisfliction where the Premises are located that relate to health, safety or environmental protection. (i) SALE OF PREMISES: ,We will not sell, transfer ownership of, morlgage 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 iuspect the Premises at any reasonable time. NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by you withont 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 tile 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. This means that you may arrange for the Premises to be sold by advertisement and sale or by judicial foreclosure, at 7our 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 accordance with applicable law. In addition, you may, in accordance with applicable law, (i) enter on and take possession of the Premises; (ii) collect the rental payment.,;, including over-due renial payments, directly from tenant.s after simply notifying them first class mail to make rental payments to you; (iii).manage the Premises; and (iv) sign, cancel and cqange 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; APPOINTMENT OF RECEIVER: As additional secrrity, we assign to you the rents of the Premises. You or a receiver appointed by the courts shall be entitled to ent~.r upon, take possession of and manage the Premises and collect the rents of the Premises including those past due after simply uotifying them by first class mail to make rental paynnents 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 hereb3 waive the benefit of any present or future laws providing for stay of execution, extension of time, exe~nptiou from attachment, levy and sale and homestead exemption. BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until the Note has been paid ie 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 Mortgage 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 under the Note has terminated, this Mortgage and your rights in the Premises shall end. · HELOC - WY Moflgage 2C620-WY (02/03) Page 3 of 4 Initials: /~//_~? 5- z -oar DOC ID #: 0006332218005004 NOTICE: Except for any notice r".quired under applicable law to be given in another manner, (a) any notice to us provided for in this Mortgage shv,'rl be given by delivering it or by mailing such ni:)tice by regular first class mail addressed lo us at the last addrer..s appearing in your records or at such other ad~lress as we may designate by notice to you as provided herein, and (b) any notice to you shall be given by certified mail, remm receipt requested, to your address at Countrywide Bank, a Division of Treasury BAnk, N.A. 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 or lo such other address as you may designate hy notice to us. Any notice provided for in this Mortgage shall be deemed to have been g, ven to us or yon when given in the manner designated herein, RELEASE: Upon payment of all sums secured by this Mortgage and provided your obliga.on to make further advm, ces nnder the Note has termi, ated, yon shall discharge this Mortgage without charge to us, except that we shall pay any fees for recording of a satisfactio, 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 of this Mortgage will not be a waiver of that or any other provision on any other occasion. THIS MORTGAGE has been signed by each of us nnder seal on the {late first abov(: written. WITNESS: Nolory Public Lincoln County Wyoming MARY ANN AHRENS TRUSTEE Mortgagor: RONALD E. AHRENS TRUSTEE Mortgagor: Mortgagor: Mortgagor: (SEAL) (SEAL) (SEAL) (SEAL) STATE OF WYOMING, County ss: L The foregoing instrument was ackt]owledged before me this ~r)~,.~ c~l~ a(~ ¢ ate) ([zrson acknowledging) My Com,nission Expires: la'-/'~ ¢ ~~~. · tlELOC - WY Moflgage 2C620-WY (02/03) Page 4 oi' 4 ii :: ! '"::',~;:';i:::::": Prepared by: YVONNE PARRA Countrywide Bank, a Division of Treasury Bank, N.A. DATE: 05/20/2004 CASE#: DOCID#: 0006332218005004 BORROWER: MARY ANN AHRENS Branch #: 00008'17 5898 CONDOR DR MP-198 MOORPARK, CA 93021 Phone: (800 669-5831 Br Fax No.: (805.)553-6342 PROPERTYADDRESS: 4986 MUDDY STRING ROAD THAYNE, WY 83127 LEGAL DESCRIPTION EXHIBIT A A portion of the NWl/4 of H.E.S. No. 62 of Se¢'tion 30, T35N, Rll8W, 6th P.M., located Northeast of the Town of Thayne, Lincoln County Wyoming and being more particu]~arly described as follows: Beginning at a point 660.01 feet S 0 degrees 10' W 'From a BLM type monument found marking the Northwest corner of said H.E.S. No. 62; thence running N 89 degrees 48' 25" E, 660.66 feet ko an iron pipe st; thence S 0 degrees 03' 40" W, 661.28 feet to an iron pipe set; thence S 89 degrees 50' 11" W, 661.88 feet to an iron pipe set in the West line of last said H.E.S. No. 62 and also being in the Muddy String County Road No. 12-117; thence N 0 degrees 10' E Along said West line 660.94 feet to the Point of Beginning. Together with rights-of-way for ingress and egress and utilities over, under and along a 30.00 foot wide strip of land adjacent to all sides of the above described property. FHANNCONV Legal Description Exhibit A 20404-XX (04103)(d) ' 2 39g 1 * * 063322183000002C620' [Space Above This Line For Recording Data] INTER VIVOS REVOCABLE TRUST RIDER After Recording Rett, m To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410'-0423 ' Prepared By: YVONNE PARRA I)EFINITIONS USED IN THIS RH)ER. (A) "Revocable Trust." Th e RONALD E AHRENS AND MARY Tmst created under mist MARY ANN AHRENS RONALD E. AHRENS 685020 [EScrow/Closing #] 000633221800.5004 [Doc zo #] ANN AHRENS LIVING TRUST instrument dated FEBRUARY 14, 2000 , for the benefit of lB) "Revocable Trust Trust ..e(s). NARY ANN AHRENS RONALD E. AHRENS trustee(s) of the Revocable Trust. MULTISTATE tNTER VIVOS REVOCABLE TRUST RIDER Page 1 of 4 (~}~372R (9912).03 CHL (05/02J(d) VMP MORTGAGE FORMS - (800)521-7291' 12/99 * 23991 ' ' 063322183000002372R* (C) Revocable Trust Set0or (s)." MARY ANN AHRENS RONALD E. AHRENS DOC ID #: 0006332218005004 settlor (s) of file Revocable Tnist signing below. (D) "Lender." Countrywide Bank, 'a Division of Treasury Bank,. N.A. (E) "Security lnstrt.nent.'~ The Deed of Trust, Mortgage or Security Deed and any riders thereto of the same date as this Rider given to secure the Note to Lender of the same date made by the Revocable Trust, tile Revocable Trust Trustee(s) and the Revocable Trust Se!flor(s) and any other natur',fl persons signing such Note aud covering the Property (as dafined below). (F) "Property." The prope~'ty described in the Security Instrument aud located at: 4986 MUDDY STRING ROAD THAYNE, WY 83127 [Properly Address] THIS INTER VIVOS REVOCABLE TRUST RIDER is made this TWENTI E TH day of FLAY, 2004 , and is incorporated into aud shall be deemed to amend and supplement the Security Instrument. ADI)rrlONAL COVENANTS. In addition to tile covenanes and agreements made iu, the Security Instrument, the Revocable Trust Trustee(s), and the Revocable Trust Settlor(s) a,~d the Lemler further covenant and agree as follows: ' ' A. INTER VIVOS REVOCABLE TRUS',.' 1. CERTIFICATION AND WARRANTIES OF REVOCABLE TRusT TRUSTEE(S). The Revocable Trust Trustee(s) certify to Lender that the Revocable Trust is an inter vivos revocable trust for which the Revocable Trust Trustee(s) are holding hill title to the Property as trustee(s). The Re¥ocable Trust Trustee(s)warrants to Lender that (i) the Revocable Trust is validly created under the laws of the State of , ; (ii) the trust instrument creating tile Revocable Trust is in full force and effect and there are no mnendments or other modifications to the trust instrument affecting the revocability of the Revocable Trust; (iii) the Property is located in the State of WYOMING, ; (iv) tile Revocable Trust Trustee(s) have rill power and authority as trustee(s) under the trust in,,.Wument creating lhe Revocable Trust and under applicable law to execute the Security Iustrument, including tbis Rider; (v) the Revocable Trust Trustee(s) have executed the Security Instrument, including this Rider, on behalf of the Revocable Trust; (vi) the Revocable Trust Settlor(s) have executed thc Security Instrument, iucluding this Rider, acknowledging all of the terms and couditions contained therein and agreeing to be bound thereby; (vii) only the Revocable Trust Settlor(s) and tile Revocable Trust Trustee(s) may hold any power' of direction over tile Revocable Trust; (viii) only the Revocable Trust Settlor(s) hold the power to direct the Trustee(s) in the management of the Property; fix) only the Revocable Trust Settlor(s) hold the power of revocation over the Revocable Trust; and (x) the Revocable Trust Trustee(s) have not been notified of Ire existen;;e or assertion of any lien, encumbrance or claim against any beneficial interest iu, or transfer of all Or any portion of any beneficial interest in or powers of direction over the Revocable Trust Trustee(s) or the RevOcable Trust, as the case may be, or power of revocation oyez the Revocable Trust, 2. NOTICE OF CHANGES TO I~VOCABLE TRUST AND 'TRANSFER OF POWERS OVER REVOCABLE TRU5'iT TRUSTEE(S)OR REVOCABLE TRUE[ OR BOTtt; NOTICE OF CHANGE OF-REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF THE PROPERTY; NOTICE OF TRANSFER OF BENEFICIAL INTEREST IN REVOCABLE TRUST. (~372R (9912).03 CHL (05/02) Page 2 of 4 Inltlals'~_ ,,~',/~ ,s-'- DOC ID #: 0006332218005004 The Revocable Trust Trustee(s) shall provide timely notice to LenJer promptly upon notice or knowledge of any revocation or termination of lbe Revocable Trust, or of any change in the hoklers of the powers of direction over the Revocable Trust Trustee(s) or the Revocable Trust, as the case may be, or of any change in the holders of tile power of revocation over the Revocable Trust, or both, or. of any change in the trustee(s) of the Revocable Trust (whether such change is temporary or pemnanent), or of any change in the occnpancy of the Property, or of any sale, Iransfer, assignment Or other disposition (whether by operation of law or otherwise) of any beneficial interest in the Revocable Trust. B. ADDITIONAL BORROWER(S),. Thc term "Borrower" when used in the Security Inslrunlent shall refer to the Revocable Trusl, lhe Revocable Trust Trustee(s) and the Revocable Trust Settlorl. s), jointly ,and severely. ~ach party signing this Rider below (whether by acceptiug and agreeing to the terms and covenants contained herein or by acknowledging all of the terms and covenants contained herein and agreeing to be bound fllereby, or boil0 coveuan[s and agrees that, whether or not such p,'u'ty is named a~s "Borrower" on ~he first page of file Security Instrument, each covenant and agreement and undertaking of "Borrower" in the Security Instrument shall be such party's covenant and agree~rent and underlaking as "BorrOwer'' and shall be enforceable by Lender a,s if such party were named as "Borrower" in the Security Instrument. C. TIGS, NSFER OlV THE PROPERTY OR A BENEHCIAL INTEREST IN THE REVOCABLE TRUST. Uniform Covenant 18 of the Security Instrument is ainended to read as follows: Transfer of the Property or a Beneficial Inlerest in Revocable Trust. If, without Lender's pr, or written consent, (i) all or any part of the P~operty or an interest in the Property is sold or transferred or (ii) there is a sale, transferl assignment or other disposition of any beneficial interest in the Revocable Trust, Lc'nder may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be·exercised by Lender if exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give the Borrower notice of acceleration. Tile notice shall provide a period of not less ~han 30 {lays from tile date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to Ihe expiration of lhis period, Lender may invoke any remedies permitted by this Security Instrument without further notice {!r demand on BorroWer. (~372R (9912) 03 CHL (05/02) Page 3 of 4 DOC ID #: .0006332218005004 BY SIGNING BELOW. Ihe Revocable Trust Trustee(s) accepts and agrees lo [lie terms mid covenanls COnlai,ed in this lnler Vivos Revocable Trust Rider. M~RY ~NN AHRENS TRUSTEE Trustee o£ the RONALD E AHRENS AND NARY ANN AHRENS IIVING TRUST Trust under mist mslnunen [ dated for the benefit of MARY ANN AHRENS FEBRUARY 14, 2000 RONALD E. AHRENS TRUSTEE - Borrower Trustee of the RONALD E ,\HRENS AND MARY ANN AHRENS LIVING TRUST Trust ull der ~ s[ I instrumenl dated lbr the benefit of RONALD E. AHRENS FEBRUARY 14, 2000 - Borrower (~372R (9912).03 CHL (05/02) Page 4 of 4 [Space Above This Line For Recording Dala] INTER VIVOS REVOCABLE TRUST AS BORROWER - ACIGNOWLEDGMENT After Recording Return To: COUNTRYWIDE HOME LOANS~ INC. MS SV-79 DOCUMENI PT{OCESSING P.O.Box 10423 Van N.uys, CA 91410-)423 Preparexl By: YVONNE PARRA 685020 0006332218005004 [Escrow/Closing #] [Doc ID #] MULTISTATE IN'I' ER VIVOS REVOCA[tLE TRUST AS BOR ROWER/ACKN OWLEDGMENT Page 1 of 2 (~)(~373R (9912).01 CHL (12/00).01 id) VMP MORTGAGE FORMS- (800)521-7291 Initials: '~74 gi;;v~ 12/99 ' 2 3 9 9 1 * 063322 I 800000023 73R* BY SIGNING BE:LOW, lh¢. undersigned, Settlor(s) of the DOC ID #: 0006332218005004 RONALD E AHRENS AND MARY ANN AItRENS LIVING TRUST Trust under trust i.stmme, t dated FEBRUARY 14 2000 for file benefit of MARY ANN A['IRENS ' ' RONALD E. AHRENS acknowledges ali of the terms ~m~l covenants contained in this Securily instrument and any rider(s) thereto and agrees to be bound fl~ereby. MARY /~NN AHRENS TRUSTEE RONALD E. AHRENS TRUSTEE -Trust Settlor -Trust Settlor -Trust Setllor -Trust Settlor (~373R (9912).01 CHL [12/00).01 Page 2 o! 2