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HomeMy WebLinkAbout901498901698 RECEIVED LINCOI._?,,~ COUNTY CLERK Space Above This Line For Recording Data MORTGAGE (With Future Advance Clause) DATE AND PARTIES. The date of this Mortgage (Security Instrument) is July 26, 2004. The parties and their addresses are: MORTGAGOR: DEREK HADERLIE, t{usband PO BOX 1657 AFTON, Wyoming 83110 SHANDI HADERLIE, g/ire PO BOX 1657 AFTON, Wyoming 83110 LENDER: FIRST NATIONAL BANK - WEST Organized and existing under the laws of the United States of America 314 S Washington PO Box 1620 Afton, Wyoming 83110 TIN: 83-0162601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender,. with the power of sale, the following described property: SEE ATTACHED SCHEDULE "C" The property is located in LINCOLN County at SOUTH HWY 89, AFTON, Wyoming 83110. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian n'ghts, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will rema'n in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $167.604.50. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Securi.ty Instrument. Also, this limitation does no! apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 64003155, dated July 26, 2004, from Mortgagor To Lender, with a loan amount of $167,604.50. One or more of the debts secured by this Security Instrument contains a future advance provision. B. All Debts. All present and future debts from Mortgagor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be m writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest/~,j DEREK HADERLIE , Wyoming Mortgage WY/4brandiemOO7252OO004363017072604Y ©1996 Bankers Systems, Inc., St. Cloud, MN ~'~'7~" created in "bouseho~d.g us in connection with a "consumer loan," as those terms are defined by governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal ~aw governing securities. C. s,,ms Advanced. AI~ sums advanced and expenses incurred by Lender under the terms of this Security instrument. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments When due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior wlitten consent. 6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground 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. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the PropertY. This right is Subject to the restrictions imposed by .federal law governing the preemption of state due-on- sale laws, as applicable. 8. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without 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 may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property Will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. IO..AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or 'pay any amount necessary for performance. Lender's right to perform for Mortgagor will 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 Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, 'conveys, mortgages and warrantS to Lender as additional security all the right, title and interest in the following (Property): existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (Leases); and rents, issues and profits (Rents). In the event any item listed as Leases 'or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are trUe and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, re~eive, enjoy and use the Rents so long as Mortgagor is not in default. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. Mortgagor agrees that this Security I[~strument is immediately effective between Mortgagor and Lender. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Mortgagor warrants and' represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. 12. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor fails to make a payment in full when due. B. Insolvency or Bankruptcy. Any legal entity obligated on the Secured Debts makes an assignment for the benefit of creditors or become insolvent, either because its liabilities exceed its assets or it is unable to pay its debts as they become due; or it petitions for protection under federal, state or local bankruptcy, insolvency or debtor relief laws, or is the subject of a petition or action under such laws and fails to have the petition or action dismissed within a reasonable period of time not to exceed 60 days. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. DEREK HADERLIE Wyoming Morlgege Initials WY/4brandiemOO725200OO4363017072604Y ©1996 Bankers Systems, Inc., St. Cloud, MN ~-~'"~" Page 2 D. Failure to Perform. Mortgagor 'fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default o~;curs under the terms of any other transaction document. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that ~s untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Property is used in a manner or for a purpose tt~at threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's rnoney or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section L. Property Value. The value of the Property declines or is impaired M. Insecurity. Lender reasonabl'y believes that Lender is insecure. 13. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. Upon any sale of the Property, Lender will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this specia or limited warranty deed, Lender will covenant that Lender has not caused or allowed a lien or an encumbrance to burden the Property and that Lender will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Lender. The recitals in any deed of conveyance will be prima facie evidence of the facts se[ forth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens .again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees after default and referral to an attorney not a salaried employee of the Lender. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest fr~m the date of payment until paid in full at the highest interest rate in effect as provided for in tile terms of the Secured Debts. To the extent permitted by' the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, env ronment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental 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 the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and will remain in full compliance with any applicable Environmental Law. C. Mortgagor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any Pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. DEREK HADERLIE Wyoming Mortgage ini[ialJ ,~ ~ WY/4brandiemO07252000043630~17072604Y ©1996 Rankers Systems, inc., St. Cloud, MN F~q~-~'r~~ lS. CONDEMNATION. Mortgagor wi~ give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or al~ of the Property through condemnation, eminent domain, or any other 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 connected wit!] a condemnation or other taking of ail or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance'. If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may include coverages not originally required of Mortgagor, may be written by a company 0tber than 'one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. 18, ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreement, Mortgagor agrees to pay to Lender funds for taxes and'insurance in escrow. 19. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so' only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. 20. WAIVERS. ExcePt to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument is the complete and final expression of the agreement, If any provision of this Security Instrument is unenforceable, then the unenforceable provision Will be severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND,PARTIES section, or to any other address designated in Writing. Notice to one party will be deemed to be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property. Time i~ of the essence. SIGNATURES. By sig~ ~or~g~r~es ,othe terms and covenants contained in this Secudty Instrument. Mortgagor also ack,~l~ ~es~Z"~ya ~opy of this Security Instrument. I dividuall " , SHANDI H~DEffLIE Individually DEREK HADERLIE Wyoming I~lorl§ega Initials WY/4brandiemOO7252OOOO4363017072604Y ©1996 Bankers Systems, Inc., Si. Cloud, MN ~¢~"r'r'r'r'r'rt~" Page LENDER: First National Bank - West Don Staley, Afton Loan Officer ACKNOWLEDGMENT. (Individual) This instrument was acknowledged before me this DEREK HADERLIE, andSHANDI HADERLIE My commission expires: ~t"~ ¢/ DONALD S STALE~Notary Public County of ' ~.'~ State of Lincoln ~ Wyoming My Commission Expires Februa~/9, 2005 OF /_.- ;' ,~ ,,'-~,,/.,') ss. ~v-- (~" day of ._To'/,;./ 4/ (Notary Public) by ( Lender Acknowledgment) . ? SS, This instrument was ack/nowle.d~ed before me t~is -,~ ~ day of Don Staley as Alton Loan Officer of First National Bank - West. / / My commission expires://-'.~ ~7~ ~/ (Notary~bhc)~- by DEREK HADERLIE Wyoming Mortgage WY/4brandiemOO72520OO04363017072604Y ©1996 Bankers Systems, Inc.. St. Cloud, MN F_x'~" Page 5 DESCRIPTION FOR LAWRENCE H.-WELCH AND LISA A. WELCIt WELCH REMAINDIgR TRACT - REVIS ED To-wit: - - hi. $charb~l ReOIJ~h'aUoa NO, 16~ Re~tiofl NO, ~88 ) R~i~l~llon N~, ~020 LOWE A, $CHERfiEL N~l~ No, ~ ~omln9 Inay, W~mln~ Hal Spdngs, Idaho That part of the NE¼NW¼ of Section 30, T31N Rl lSW, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln Courtry in Book 38] of Photostatic Records on page 82, described as follows: BEGINNING at a point, Ngg°-22'-28"E, 488.82 feet, from the southwest comer of said NE¼NW¼; thence N00°-20'.04,,W, 709.67 feet, to a point on the south line of that tract of record in said Office in Book 499 of Photostatic Records on page 467; thence N89°-36'.1 i"E, 493.00 feet, along said south line, to a point; thence S00°-I 9'-51"E, 703.47 feet, to a point on an existing fence line; thence S88-52-53 W, 493.00 feet, along said fence line, to the POINT OF BEGINNING; ENCOMPASSING an area of 8.00 acres, more or less; the BASE BEARING for this survey is the north line of the NW¼ of Section 30, T31N R118W, being N89°-39'_00,,E; SUBJECT to a right of utilities over, under, and across the north twenty (20) feet of the above described tract; AND SUBJECT to a right of ingress and egress and utilities over, under and across the south sixty (60) feet of the above described tract; TOGETHER with a right of ingress and egress and utilities over, under and across a sixty (60) foot strip of land with the south line described as follows: BEGINNING at a point on the westerly right-of-way line of U.S. Highway 89, N86°- 11'-17"E, 186.48 feet from the southeast comer of' the NE¼NW ¼ of said Section 30; thence S88°.52'_53',W, 527,08 feet, along an existing fence line, to the southeast point of the above described tract; the northerly and southerly right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet said westerly right-of-way line and the easterly boundary line of the above described tract; TOGETHER with a right of utilities over, under, and across a twenty (20) foot strip of land with the north line described as follows: BEGINNING at a point N00°-] 9'-33'W, 53.34 feet from the southwest comer of the NV2NE¼NW¼ of said Section 30; thence N89°-36'_11"E, 488.70 feet along the south line of said tract in Book 499, to the northwest point of the above described tract; ~:,:!%5:!L:':':' Mod'fication in any way of the f r ~..'.i~J,~ :z o egol~g descrl.ption termirmha~ li2hilih, ,--,f +~- .............. DESCRIPTION FOR LAWRENCE H. WELCH AND LISA A. WELCH WELCH REMAINDER TRACT - REVISED PAGE TWO each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "LAWRENCE H. WELCH AND LISA A. WELCH AND WELCH DAIRY PLAT OF FAMILY EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE E½NW¼ NW¼NE~,4 SECTION 30 T31N RllSW LINCOLN COUNTY, 'x"~O M lNG "Modification in any way of the foregOing description terminates liability of the surveyor"