Loading...
HomeMy WebLinkAbout901969901969 5G MORTGAGE THIS MORTGAGE is made this 5 BLAKE W HOOVES AND KELLI ANN HOOPES, husband and wife day of August RECEIVED _INCOLN COUNT'/ CLERK MIN 100025440001783460 2 004 , between tine Mortgagor, (herein "Borrower"), and thc Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee lbr Lender, as hereinafter detined, and Lender's successors and assigns). MERS is organized and existing under [tie laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. LEHMAN BROTHERS BANK, FSB,A FEDERAL SAVINGS BANK existingunder ~elaws0f UNITED STATES OF AMERICA 2530 S. PARKER ROAD, STE. 601, AURORA, CO 80014 , ("Lender ") is organized and , and has an address of WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 25,640.00 , which indebtedness is evidenced by Borrower's note dated August 5, 2 004 and extensions and renewals thereof 0~erein "Note"), providing for monflfly instalhnents of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on September 1, 2034 ; TO SECURE to Lender the repayment of die indebtedness evidenced by thc Note, with interest thereon; the payment of all other sums, with interest fllereon, advanced in accordance herewith to protect the security of this Mortgage; and the pertbrmance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to/viERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Lincoln 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. I , This Real Estate Mortgage is second and subject ONLY to a First Real Estate Mortgage recording concurrently herewith in favor of Mortgage Electronic Registration Systems, Inc., dated August 5, 2004, in the original amount of $102,560.00. which has the address of 6 9 EAST 4TH AVENUE {St,'cetl, AFTON [City], Wyoming 83110 [Zip Code] 01ercin "Property Address"); TOGETHER with all [tie mlprovements now or hereafter erected on tile property, and all easements, rights, appurtenances and rents, alt of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are herei~mfter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to thc interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Leoder's successors and assigns), has the right: to exercise any or all of diose interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Murtgage. Borrower covenants that Borrower is lawfully seised of the estate hercby conveyed and has [tie right Io mortgage, grant and convey the Property, and that the Property is unencumbered, except fi)r encumbrances of record. Borrower covenants lhat Borrower warrants and will defend generally die title to Hie Property against all claims and demands, subject to cncmnbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as tbllows: 1. Payment of Principal and Interest. 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 Tt~es m~d Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until fl~e Note is paid in full, a suni WYOMING - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS ] (~®-76N(WY) (o2os) Page 1 of 4 VMP MORTGAGE FORMS - (800)521-7291 ¥e Fo r m 3851 nded 2/01 ~_~ ~ .3 ~.-.~ '-~ --- 0016899940 (herein "Funds") equal to one-twelfth of the yearly taxes and assessmeuts (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, pfus one-twelfth of yearly premium instalhneuts /'or hazard insurance, plus one-twelfth of yearly premium installments tbr mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on thc basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make 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 institutimral lender. If Borrower pays Funds to Lender, the Funds shall be held in all institutiou 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 Fuuds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge tbr so holding aud applying the Funds, analyzing said account or verifying and compiling said assessments 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 m writing at the time of execution of fills Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall ~mt be required to pay Borrower any interest or earnings on die Funds. Lender shall give to Borrower, without charge, an amlual accounting of the Funds showing credits and debits to the Funds and file purpose for which each debit to the Funds was made. The Funds are pledged as additional security fi~r die sums secured by this Mortgage. If the mnount of the Funds held by Lender, together with the future nronthly instalhnents of Funds payable prior to thc due dates of taxes, assessments, insurance premiums and ground rents, shall cxcccd thc mnount required to pay said taxes, assessments, insurance premimns and ground rents as they t~dl due, such excess shall be, at Borrower's optio,i, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender auy amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all stuns secured by this Mortgage, Lender shall l)romptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or die Property is otherwise acquired by Lender, Lender shall at)ply, no later than iminediatcly prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the mnc application as a credit against the stm~s secured by this Mortgage. 3. Application of Payments. Unless applicable law provides ofllerwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of ~unounts payable to Lender by Borrower under palagrapti 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages mid Deeds of Trust; Charges; Liens. Borrower shall pertbnn all of Borrower's oNigatiuus under any mortgage, deed of trust or other security agreement wi[It a lien which has priority over this Mortgage, iucluding Borrower's covelmnts to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and hnpositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. H~ard Insunmce. Borrower shall keep the improvements now existing or hereafter erected on thc Property insured against loss by fire, hazards included within rite term "extended coverage," and such other hazards as Lender may require and in such amounts and tbr such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and iii a fonn acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the tenns of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In die event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make t)roof of hiss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respired to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim tbr insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to rcstoratiou or repair of the Prupcrty or to the sums secured by this Mortgage. 6. Preservation and M,'dntenance et' Property; Leaseholds; Condomiuiums; Planned Unit Develol)ments. Borrower shall keep the Property in good repair and shall not conmlit waste or permit impairulent or deterioration of the Property and shall comply with the provisimts of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condondnium or a plmmed unit development, Borrower shall pedonn all of Borrower's obligations under the declaration or covermnts creating or governing the condominium or planned unit development, the by-laws and regulations of the condominimu or plauned unit development, and constituent documents. 7. Protection of Lemler's Security. If Borrower fails to perform die covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in die Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reaso~mble attorueys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maitttain such insurance in effect until such time as the requirement tbr such insurance terminates irt accordance with Borrower's and Lender's written agreement or applicable law. Any mnounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at die Note rate, shall become additional indebtedness of Borrower secured by Ods Mortgage. Unless Borrower and Le~tder agree to other tenus of payment, such mnounts shall be payable upon notice from Lender to 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 any such inspection specifying reasonable cause therefor related to Lender's interest the Property. 9. Condemnation. The proceeds of any award or claim for dmnages, direct or consequential, in connection with condemnation or other taking of rite Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust (ir other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waive,-. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the origilml Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time tbr payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors itt interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall riot he a waiver of or preclude the exercise of any such right or remedy. Form 385] ,~-~ ~-<-~.:'~{ ~:':: ~ 100025440001783460 " 0016899940 ll. Successors and Assigns Bound; Joint ,and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender attd Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this /Vlortgage, (b) is [tot personally liable on the Note or trader this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, tbrbear, or make arty other acconnnodatimxs with regard to the terms of this Mortgage or rite Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) aoy notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower git rite Property Address or at such other address as Borrower may desigmtte by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender lnay designate by notice to Borrower as provided herein. Any notice provided tbr in this Mortgage shall be deemed to bare bccn given to Borrower or Lender when given in the mam:er desigtmted herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws or' the jurisdiction in which file Property is located. The foregoing sentence shall not limit fl:e applicability of federal law to this lvlortgage. In the evcot that any provision or clause of this Mor. tgage or the Note conflicts with applicable law, such conflict shall not affect othe,' provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end ihe provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all stuns to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all or' Borrower's obligations tinder any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, inay require Borrower to execute and deliver to Lender, in a fom~ acceptable, to Lender, au assig~anent of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in cunnection with improvements made to the Property. 16. Transfer of the Property or a Benericial Interest in Borrower. It' alt or any part of the Property or any interest fu it is sold or transferred (or if a beneficial interest 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 immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acct:leratiou. The notice shall provide a period of not less titan 30 days front the date the notice is delivered or mailed within which Borrower must pay all sums secured 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 demand on Borrower. NON-UNIFORIVI COVENANTS. Borrower and Lender further covenant and agree as tbllows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, inclnding the covenants to pay when due any sums secm'ed by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days l'rom the date the notice is mailed to Borrower, by which such breach must be cnred; trod (4) that faihn'e to cnre sncb breach on or before the date speciried itt the notice may result in acceleration of the sums secured by this Mortgage. The notice shall t'urtber inl'orm Borrower o1' tile right Io reinstate after acceleration and the right to bring a court action to assert the nonexistence or a derault t~r a~y olher defense or Borrower to acceleration and sale. If the breach is not cnred on or before the date specified in the notice, Lemler, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payal)le withont rorther demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender slmll be entitled to collect all reasonable costs and expenses incurred in pursning the remedies provided in this paragraph 17, inch,ling, but not limited to, reasonable attorneys' fees. It' Lemler invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, il' different, in accordance with applicable law. Lender shall mail a copy or' a notice or the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall lmblisb the notice or' s',de and the Property shall I)e sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the rollowing order: (a) to all reasonable costs and expenses or the sale, inch[ding, but not limited to, reasonable attorneys' fees anti cOsts of title evidence; (b) to till sums secured by this Mortgage; and (c) the excess, it' any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of file stuns secured by this Mortgage due to Borrower's breach, Borrower shall have rite right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) rite fifth day before sale of the Property pursuant to tile power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would bc then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained ill this Mortgage; (c) Borrower pays all reasoru~ble expenses incurred by Leader in cnh)rcing the cove~mnts and agreements of Borrower contained itt this Mortgage, and in e,fi)rcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; arid (d) Borrower takes suct1 action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in rite Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration bad occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender flte rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandomnent of the Property, have the right to collect and retain such rents as they becolne due and payable. (~)~,-76N(WY) (020~) Page3of 4 ,~ Form 3851 0 8 '5 o 100025440001'/83460 .... . ,~ .,. !._...~.~ ooz6~999,~o ~Jp~Oatio~}under paragraph 17 hereof or abandomnent of fl~e Pr,,pcrty, and at any thne prior 1o the expiration of any period of redemption/bllowing judicial sale, Lender, in person, by agent or by judicially at)pointed receiver, shall be entitled to enter upon, take possession of and mamge ~e Property and to collect the re,ts of the Property iucluding those past due. All ren~s collected by Lender or &e 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 tees, premiums on receiver's bonds and reaso~mble attorneys' t~es, and then to tl~e sums secured by this Mortgage. Lender and ~e receiver shall be liable to account only for those rents actually received. 20. Rele~e. Upon payment of all sums secured by this Mortgage, 'Leander shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver or tlomestead. Borrower hereby waives all right of homestead exemption in the Property. REQUEST FOR NOTICE OF DE FA ULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any defimlt under file superior encmnbrance and of any sale or other foreclosure action. IN WITNESS WItEREOF, Borrower has executed this Mortgage. BLAKE W HOOPES ~ -Borrower K LLI ANN HOOPES -Borrower (Seal) (Seal) -Borrower -13o, rowcr (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower __' (Seal) -Borrower [Sign Original On(~,] STATE OF WYOMING, The foregoing instrument was acknowledged before me this by Blake W. Hoopes & Kelli Ann Hoopes Linco]n County ss: My Commission Expires: 'Notar/Pu hlic ~ ' / {~}~-76N(WY) (0208) Page 4 o{ 4 Form 3851 EXHIBIT "A" PARCEL 1: COMMENCING at a point 172 feet West from the Southeast Corner of Lot 4 in Block 17, Alton Townsite Survey, Lincoln County, Wyoming and nmning thence West 61' feet; thence North 165 feet; thence East 61 feet; thence South 165 feet to the Place of Beginning. EXCEPTING therefi-om that portion of the described premises situated within the bounds of that property described in Book 215 P.R., Page 665. PARCEL 2: ALL th'e land in Lot 4, Block 17, of the Townsite oration, Lincoln County, Wyoming, lying and being situate South of the following described portion of the South botmdary line of the William 1, Baetge tract (subsequently conveyed to Robert Loren Stmnpp and lVlichelle Faye Stmnpp, husband and wife,' by the entireties) as shown on a plat thereof prepared by Paul N. Scherbel, Land Surveyor (no. 16,'l), as of 26 June 1984, said South boundary line segment of said Bactge tract being more particularly described as follows, to wit: BEGINNING at a point which is N01°45'56TM E, 214.50 Feet, thence N87 58.0'W, z19.50 feet, thence continuing N 87° 58.0'W, 168.54 feet fi'om the Ivan L. Call (Registered Land Survey No. ~74) Mueller water cap with hexagon bolt at the approximate intersection oi' Adams Street and Fourth Avenue (said beginning point also being the Northwest corner f the Phillip R. Grosjean tract and on the South boundary of said Baetg tract,' as shown on said plat of 26 June 1984), and running thence N87°58.0'W, 53 feet (along said South boundary line) to the Southwest corner o£the William I Baetg tract (as shown on said plat).