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RECEIVED
LINCOLN bOUNTY CLERK
[l!~ 1111 o o.
Space Above This Line Fur Recordiug Data
MORTGAGE
(With Furore Advance Clause)
DATE AND PARTIES. The date of this Ivlortgage (Secmity Insmm~cnt) is ... ~U.!Y.. ~1.3.,...20.0~ .... and the pa,des, ihei'r
addresses and tax identification nmnbers, if required, are as follows:
MORTGAGOR: ARL. AN G. HINER and CAROLYN J. HINER
1909 DEE RIO DRIVE, KEMMERE~, WY 83~01
~ If checked, refer to the attached Addendum inco~orated hereto, Ibc additional Mortgagors, their siguatures and
acknowledgments.
LENDER: WYHY FEDERAL CREDIT UNION. FEDERALLY CHARTERED CREDIT UNION
1715 STILLWATER AVE, CItEYENNE. WY 82009
CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is ackuowledgcd, and to
secure the Secured Debt (defined below) ;md Mortgagor's performance under this Security lnstrmnent, Mortgagor grants,
bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property:
LOT 5, BLOCK 4 OF THE LINCOLN HEIGHTS 5TH ADDi[-I-ION, FIRS-I- FILING, lO IIqE CITY OF
KEMMERER. LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF.
The property is located ix,. ~ !.NC.0¢.~..C~U.N.T.Y .................... at. ~.90.9., D.(I:.., t~.I.O. ,D.R.i.V.E ............................
(County)
...................................................... .K~'~]~.~ [~ ........................... Wyomiug 8310]_
(Address) (City) (ZIP Code)
Together with all rights, easements, appurtenm~ces, royalties, mineral rights, oil and gas rights, all water aud riparian
rights, ditches, m~d water stock m~d all existing and future improveme.ts, structures, fixtures, and replacemeuts that may
now, or at m~y time in the future, be part of the real estate described above (all referred to as "Property").
MAXIMU~I OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall
not exceed $ 24. 600.00 . This limitation of amount does not include interest and other fees
mM charges validly made pm'suant to this Secmity Instrument. Also, this limitation does not apply to advances made unde?
the terms of this Security Instrument to protect Lender's security aud to l)erform any of the coveuauts contained iu Ibis
Secmity Instrmnent.
SECURED DEBT AND FUTURE ADVANCES. The terln "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described
below and all their extensions, renewals, modifications or substitutions, (You must specifically idenliJ}, the debt(s)
secured and ),ou should include the final maturity date of such debt(s).)
WYOMING - HOME EQUITY LINE OF CREDIT MORTGAGE INOT FOR FNMA, FHLr,4C. FHA OR VA USE)
(~ 1994 Bankers Syslems, hlc., St. Cloud, MN Form OCP-REMTG-WY 10/7/98
(~0465(WY) 1990U MW 01/9901 VMP MORTGAGE FORMS
(8001521
0 01. 4 31
B. All ~ture advances from Lender to Mortgagor or other futm'e obligations of Mortgagor m Lender under any
promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in thvor of Lender executed
after flits Security Instrument whether or not this Security Instrument is specifically referenced. If more than one
person signs this Security Instrument, each Mortgagor agrees that this Security hlstrnment will secure all l:ulure
advances and fimn'e obligations that are given to or incurred by may one or more Mortgagor, or any one or more
Mortgagor and others. All fimn'e advances and other fiiturc obligations are secured by flits Security Instalment even
though all or part may not yet be advanced. All future adwmces and other future obligations are secured as il: made oma
the date of this Secmity Instrument. Nothing in this Sectn-ily hlstrument shall constitute a commitn~ent to make
additional or future lo~s or advances in any amount. Any such connnitment must be agreed to in a separate writing.
C. All other obligations Mortgagor owes to Lender, which may later arise, to die extent not prohibited by law,
including, but not limited to, liabilities for overdrahs relating to any deposit account agreement between /Vlortgagor
~d Lender.
D. All additional sums adv~ced mid expenses incurred by Lender for insuring, preserving om' otherwise prolectiug the
Property and its value and any other sums advanced and expenses recurred by Lender under/lie terms of this Security
hlslrunrent.
In the event that Lender fails to provide any necessary notice of the right of rescission with respect to any additional
indebtedness secured under paragraph B of this Section, Lender waives any snbsequent security interest in file Mortgagor's
principal dwelling that is created by this Security histrument (but does nol waive the security interest for the debls referenced
m paragraph A of this Section).
5. MORTGAGE COVENANTS. Mortgagor agrees that-the covenants in this section are material obligations nnder time
Secured Debt and this Security histrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make
additional extensions of credit and rednce the credit ]infit. By not exercising either remedy omi Mortgagor's breaclL Lender
does not waive Lender's right to later consider the event a breach il: it happens again.
Payments. Mortgagor agrees that all pay~nents Under the Secured Debt will be paid when dne and in accordance with
terms of the Secured Debt and this Security Instrmnent.
Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien docmnent that
created a prior security interest or encumbrance on tbe Property, Moatgagor agrees to make all paynreuts when duc and to
perforrn or comply with all covenants. Mortgagor also agrees not {tm allow any modification om- extension of, nor to request
any future advances under any note or agreement secured by the lien docnment without Lender's prior written approval.
Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encmnbrances, lease payments, gronnd rents,
utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of
all notices that such amounts are due and the receipts evidencing Mortgagor's payment. /vlortgagor will defend title to tbe
Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to l.cnder, as
requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or rnatelials to
maintain or improve the Property.
Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make ali repairs
that are reasonably necessary. Mortgagor shall not comnfit or allow any waste, impairment, or deterioration of the Property.
Mortgagor agrees that the nature Of the occupancy mid use will not substantially change without Lender's prior wrillell
consent. Mortgagor will.not pernfit any change ill any license, restrictive covenant or easement wilhout Lender's prior
written consent. Mortgagor Will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of
any loss or damage to the Property.
Lender or Lender's agents ~nay, at'Lender's option, enter the Properly at any reasonable time for the purpose tit' inspecting
the Property. Lender shall give Mortgagor notice at the time of oi bctbre an inspection specil:ying a reasonable puq)ose for '
the inspection. Any inspection of the Property shall be entirely fo,' Lender's benefit mad lVlortgagor will iu no way rely on
Lender's inspection.
Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument,
Lender ~nay, without notice, perform or cause them to be performed. Mortgagor al)points Lender as attorney in fact to sign
Mortgagor's name or pay any amount necessary lbr performance. Lender's right to perforni lbr Mortgagor shall not create
an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other
rights under the law or this Security lnstrmnent.
Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply.with die provisions ot: any lease if
ihis Security Instrument is on a leasehold. It' the Property includes a unit in a condominimn or a planned milt development,
Mortgagor will perform all of Mor[gagor's duties under the covenants, bydaws, or regulations of file condominiuni or
planned unit development.
Condenmation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities
to purchase or take any or all of' the Property dirougb conderrmation, enfinent domain, or any od~cr means. Mortgagor
authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to
Lender the proceeds of any award or claim for damages Com~ected with a condenmation or other taking of all or any part of
the Property. Snch proceeds shall be considered payments and will be appli'ed as provided in this Security lnsmmaent. This
. assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated witb the Property due to its type mad location. This insurance shall be maintained ill the amounts and tbr II~e
periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mm'~gagor subjecl to Lender's
approval, which shall not be mrreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender
may, at Lender's option, obtain coverage to protect Lender's rigbts iu [l~e Property according to tim terms of this Security
Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where
applicable, "loss payee clause:" Mortgagor shall immediately notify Lender of cancellation or termination of the insurance.
Lender shall have the right to hold the policies and renewals. It' Lender requires, Mo/-tgagor shall ium~ediately give to
Lender all receipts of paid premimns and renewal notices. Upon loss, Mortgagor shall give immediate notice to
insm:ance carrier mid Lender. Lender may make proof of loss if not made innnediately by Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be al)plied to the restoration or repair of file Property or to
the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not
994 Bankers Systems, hm., St. Cloud, MN Foern OCP REMTG WY 1017198
~®-C465(WY) 199011
fpage 2 o! 4)
extend or postpone the due date Of the scheduled payment nor change the alnount of any payment. Any excess will be paid
to the Mortgagor. If the Property is acquired by Lender, M9rtgagor's right to any insurance policies and proceeds resuhing
fi'om dmnage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immt:diately
belbre the acquisition.
Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statemenl or
information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents
or certifications that Lender may consider necessary to peri'cci, continue, and preserve Mortgagor's obligations nnder this
Security instrument and Lender's 'lien status on the Property.
6. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due aud
payable upon'the creation of, or contract lbr the creation of, a transfer or sale of the Property. This right is subject to the
restrictions imposed by federal law (12 C.F.R. 591), as applicable.
7. DEFAULT. Mortgagor will be in default if any of the following occur:
Fraud. Any Consnmer Borrower engages in fi-and or material misrepresentation in connection with the Secured Debt that is.
an open end home equity plan.
Payments. Any Consmner Borrower on any Secured Debt that is an open end home equity plan fails to make a payment
when due.
Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights
in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to lnaintain required insurance on thc
Property; (b) Mortgagor transfers the Property; (c) Mortgagor ct~mmits waste or otherwise dcstrnctively uses or fails to
maintain the Property such that the action or inaction adversely Mfects Lender's security; (d) Mortgagor fails to pay taxes on
the Property or otherwise fails to act and thereby canses a lien to be filed against the Property that is senior to the lien of this
Security Instrument; (e) a sole Mortgagor dies; (1) if more than one Mortgagor, any Mortgagor dies and Leudcr's security is
adversely affected; (g) the Property is taken through mninent domain; (h) a judgmelu is tiled against Mortgagor and subjects
Mortgagor ,'md the Property to action that adversely affects Lelldcr's interest; or (i) a prior lienholder forecloses on the
Property and as a result, Lender's interest is adversely affected.
Executive Ol'ficers. Any Borrower is an'executive officer of Lender or an affiliate and such Borrower becomes indebted to
Lender or another lender in an aggregate mnount greater than the mnount permitted under federal laws and regulations.
8. REMEDIES ON DEFAI.rLT. In addition to any other remedy available under the terms of this Security Instrument,
Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is
in default. In some instances, federal aa~d state law will require Lender to provide Mortgagor with notice of lhe right to
cure, or other notices and may establish time schedules/hr foreclosure actions.
At the option of the Lender, all or any part of the agreed tees and charges, accrued interest and principal shall become
inunediately due and payable, after giving notice if required by law, upon the occurrence of a de/hull or anytime thereafter.
Lender shall be enlitledto, with0nt linfitation, the power to sell thc P~operty.
Tbe acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is
accelerated or after foreclosure proceediugs are filed shall not'constitute a waiver of Lender's right to require complete cure
of any existing default. By not.exercising any rernedy on Mortgagor's default, Lender does not waive Lender's rigfu to later
consider the event a default if it happens again.
9. EXPENSES; ADVANCES'ON COVENANTS; ATTOILNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches
any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in perfimniag such covenants
or protecting its security interest in the Property. Such expenses include, but are not limited to, lees inclured lbr inspecting,
preserving, or otherwise protecting the Property and Lender's secttrity interest. These expenses arc payable on demand and
will bear interest fi-om the date of payme,a until paid in full at the highest rate of interest in effect as provided m the terms
of the Secured Debt. Mortgagor agrees to pay all costs and expcuscs incurred by Lender in collecting, enforcing or
protecting Lender's rights and remedies under this Security h~strmncnt. This amount may include, but is not limited to,
reasonable attorneys' tees, court costs, and other legal expenses. This .'mlount does not include attorneys' lees for a salaried
employee of the Lender. To the extent pemfitted by the United States Bankruptcy Code, Mortgagor agrees to pay the
reasonable attorneys' fees Lender incurs to collect the Secured Debt ;ts awarded by any court exercising jurisdiction under
the Bankruptcy Code, This Security Instrument shall remain in cf feet until released. Mortgagor agrees to pay for any
recordation costs of such release.
10. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environtnental Response, Compensation and Liability Act (CERCLA, 42
U.S.C, 9601 et seq.), mid all other federal, state m~d local laws, regulations, ordinances, court orders, attorney general
opinions or interpretive letters concerning the public health, safety, wclfitre, enviromnent or a hazardous substance; and (2)
Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
characteristi'cs which render the Substance dmigerous or potentially daugcrous to the public health, safety, welfitre or
enviromnent. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
"hazardous waste" or "hazardous substance" under any Enviromncntal Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be
located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous
Substances that are generally recognized to be appropriate for thc normal use and maintenance o1: the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every ten,mt have been, are,
m~d shall remain in lull compliance with any applicable Environmental Law.
C. Mortgagor shall iminediately notify Lender if a release or threatened release of a ltazardous Substauce occurs on,
under or about the Property or there is a violation of any Environmeutal Law concerning the Property. In such an
event, Mortgagor shall t',&e all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor shall irmnediately notify Lender in writing as soon as Mortgagor has reason to believe there is auy
pending or threatened investigation, claim, or proceeding relating to the release or threalened release of any
Hazardous Substance or the violation of any Enviro~m-~ental La~v.
1994 Bankers Systems, hhc., St. Cloud, MN Form OcP-REMTG-WY 10t7/98
(~®-C465(WY) (9901)
{page 3 of 4)
11.
12.
13.
ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
this Security Instrument are joint and individual. If Mortgagor signs this Security lnstnnnent but does not sign an evidence
of debt, Mortgagor does so only to mortgage Mortgagor's interest iu ll~c Property to secm'e paymeut of file Secured Debt
and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security lnstrmncut secnres a guaranty
between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender fi-om bringing any action or
claim against Mortgagor or any party indebted tinder the obligation. These rights may include, but are not limited to, any
anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors
and assigns of Mortgagor and Lender.
SEVERABILITY; INTERPRETATION. This Security Instruuient is complete and tidly integrated. This Security
Instrument may not be anrended or modified by oral agreement. Any sectiou in this Security Instrument, attachments, or
any agreement related to the Secured Debt that conflicts with applicable law will uot be effective, unless that law expressly
or impliedly permits the variations by written agreement. If any scclion of this Security Instrument cannot be enforced
according to its terms, that section Will be severed and will not affccl d~e enforceability of the remainder of this Security
!nstrmnent. Whenever used, the singular shall include the i)lnral and the plural the singular. The captions and headiugs of
the sections of this Security Instrument are tbr convenience only and are not to bc used to interpret or define the terms of
this Security Instrument. Time is of the essence in this Security Instrun~cnt.
14.
NOTICE. Unless otherwise required by law, any notice shall be givcu by delivering it or by mailing it by first class mail
to the appropriate party's address on page 1 of this Security h~su'umcat, or to any other address designated in writiug.
Notice to one mortgagor will be deemed to be notice to all inortgagors.
WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and
assets and all homestead exemption rights relating to the Property.
16. lANE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secnred Debt may bc reduced to a
zero balance, this Security lustrmnent will remain in effect until released.
17. APPLICABLE LAW. This Security Instrument is governed by thc laws as agreed to in the Secured Debt, except to the
extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations.
18.
RIDERS. The covenants and agreements of each of the riders checked below are incorporated into m'~d supplement and
amend the terms of this Security Iustrmnent.
[Check all applicable boxes]
~ Assignment of Leases and Rents [~ Other
19. ~] ADDITIONAL TERMS.
SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained ill this Security Instrun~ent and in
any attachments. Mortgagor also acknowledges receipt of a copy of this Security lnstrun~ent on the date stated on page 1.
ACKNOWLEDGMENT: /
STATE OF 6~'~~ COUNT5 OF ~~ ~ }ss .
(lndividu~)This inst,'umel~t wa's
byAR~AN G. HINffR. CA~0kYN ~. IqlNER ..... F~/~k ........ ~ '~']/ ....,~ ........ z .......
My coxm~ssionex'pires: ·
~. - My C~mission Expires M
~ 1994 Bankers ~ys[ems, Inc., Sk Cloud, MN Form OCP-REMTG WY 10/7/98
(page 4 of 4)