HomeMy WebLinkAbout902412After Recold/ns Rcmm To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Prepared By:
ATHENA R. SMITH
9021 !2
RECEIVED
LINCOIN nn ,,-,
........ U,/I f CLERK
[$p~ce Above This Line ]For Recordh,g D~a]
MORTGAGE ]
THIS MORTGAOB is madc this 9th dayof AUGUST, 2004
DANIEL T HALSTEAD, AND TAMMY HALSTEAD, HUSBAND AND WIFE
0006805432508004
[Doc ID {}
, between thc Mortgagor,
(herein "Borrower"), and thc Mo~gage~
Countrywide Bank, a Division of Treasury Bank, N.A.
A NATL. ASSN.
the laws of THE UNITED STATES , who~ address is
1199 North Fairfax St. Ste.500, Alexandria, VA 22314
(herein "L~W).
WHEREAS, Borrower is indebted to I.~nd~r in thc principal sum of U.S. $ 24, 800.00 , which indebtedness is
is eviden~dbyBotrowea'snotedated AUGUST 09, 2004 and extensions and rencwah thereof (herein "Note"),
providing for monthly installments of principal and intere~ with thc balance of indebtedness, if not sooner paid, duc and payable
on SEPTEMBER 01, 2019 ;
TO SECURE ~o Lend= thc rclmynmnt of thc ind~b~clnc~ evidenced by lhe Note, with into'est thereon; flu: payment of all
O°w~T~vr~nc~'-m-tef -c~-t ~e~e°n- ' ad'v-'aRced in ~cor'dance h?rewi~ m Protect the security °f this Mortgage; and the Peff°rmancc
.~m.u~_ ~a~r_~~! n..on~,wer nere.m c0n.t~,n ./xi,. l~orrower_do~s hereby mortgage, grant and convey to Lender,
o, mo tollowlng {]/~SCI2D~,/1 pt'op~*y .lOCl~e/l Ill hie t:ounty of LINCOLN
Sm~e of Wyoming: ,
LOT 30 OF THE GREYS RIVER VILLAGE ADDITION TO THE TOWN OF ALPINE, AS SET FORTH IN
DOCUMENT ENTITLED LOT COMBINATION RECORDED OCTOBER 24, 1996 IN BOOK 389PR ON PAGE 677
OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
organized and existing und~
whichhas theaddre, s~of 462 GREYS RIVER LOOP
[Street]
ALP INE , Wyoming 8 312 8 (herein "Property Address");
[~l ~
TOG~ with all the improvements now or hereafter exected on the property, and all ~ents, rights, appurtenances
and rents, all of which shall be deemed to be and remain a part of tho property covered by this Mm'tgage; and all of the foregoing,
together wilh said property (or the leasehold estate if this Mortgage is on a le.a~hold) are hereinafter referred to as the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and
convey the PrOl~rty, and that tho Property is unencumbered, except for encumbrances of record. Borrower covenants that
WYOMING - SECOND MORTGAGE - 118o - I=NMA/I%II.MO UNIFORM INSTRUMENT r
*23991*
CHL (09/02)(d)
Page 1of 4
VMP MORTGAGE FORMS - (800)521-7291
* 068064325000002076.*
DOC ID #: 0006805432508004
Borrower warrants and will defend geneantlly thc title to thc Property against all claims and demands, subject to encumbrances of
record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prindpal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
evidenced by the Note and late charges aa provided in the Note.
2. Funds for Taxes and 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 ~he Note, until the Note is paid in full, a ~ (herein
'Fundsu) equal to oue-twclfth of the yearly taxes and assessments (including condominium and planned unit development
assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of
yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, ff any,
all as reasonably estimated initially and fxom time to time by Lender on the basis of assessments and bills and reasonable
estimates thereof. Borrower shall not be obligated to make ~uch payments of Punds to Lender to the ex~nt that Borrower makes
such payments to the holder of a prior mortgage or deed of trust ff such holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or
guarante~ by a federal or sta~ agency (including Lender if Lender is such an instilution). Lender shall apply the Funds to pay
said taxes, assessments, insurance premiums and ground tents. Lender may not charge for so holding and applying the Funds,
analyzing said accoant 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 in writing at thc time of execution of
this 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 not be required to pay Borrower any interest ar earnings on the Funds. Leader shall give to
Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpos~ for which
each debit to thc Funds was made. Thc Funds arc pledged as additional security for the sums secured by this Mortgage.
If the amount of the Funds held by Leader, together with the future mon~ly ius~llments of Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rents, shall exceed the .amount reqnired to pay said taxes,
assessments, insurance premiums and ground rents as they fall due, such excess shail be, at Borrower's option, 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 duc, Borrower shall pay to Lender any
amount necessary to make up thc deficiency in one or more payments as Lender may reqnire.
Upon payment in full of all sums secured by this Martgagc, Lender shall promptly refund to Borrower any l~lda held by
Lender. If under paragraph 17 hereof th~ Property is sold or the Propezty is otherwise acquired by Lender, Lender shall apply, no
Inter than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against the snma secured by this ~VIo~gage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note
and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by l~orrower under
paragraph 2 hereof, then to interest payable on thc Note, and then to thc principal of the Note.
4. Prior Mortgages and Deeds of Trust; Omrges; Liens. Borrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other s~curity agreement with a lien wb3ch has priority over this Mortgage, including Borrower's
covenants to make payments wlten due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, rums and
impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payn~nts or ground rents, if
any.
S, l~lazard Insurance. Borrower shall Icccp the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in
such ~? .unts and for su.ch periods as Lender may require.
-i-ne insurance career providing thc insurance sh~_!~ be chosen by Borrower subject to approval by Lender; provided, that
aer ann snail mcmu~ a stanmu'a mortgage clause m raver of and m a form acceptable to Lender. Lender shall have the right to
hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien
which has priority over this Mortgage.
In thc event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower.
If the Property is abandun~d by Borrower, ar if Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to
collect and apply the insurance proceeds at I.~defs option either to restoration or repair of the Property or to the sums secured by
this Mortgage.
6. Presern, ation and Maintenance of Propm-ty; Leat~ehoids; Condominiums~ Planned Unit D~velopments. Borrower
shall keep the Property in good repair and shall not commit wust~ or permit impairment or deterioration of the ?roperty and shall
comply with thc provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a
planned unit 'development, Borrower ~hall perform all of Borrower's obligations under thc declaration or covenants creating ar
governing the condominium or planned unit development, the by-laws and regulations of the condominium ar planned unit
development, and constituent documents.
7, Protection of Lender's Security. If Borrower fails to perform thc covenants and agreements contained in this Mortgage,
or if any action or proceeding is commenced which materially affcots Lender's interest in the Property, then L~nder, at Lender's
option, upon notice to Borrower. may make such appearances, disburse such sums, including reasonable attorneys' fees, and take
such action aa is necessary to protect Lender's inter,~st. If Lender required mortgage insurance aa a condition of making thc loan
secured by this Martgage, Burrower shall pay thc premiums required to maintain such insurance in effect until such time as thc
requireraent for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by I.,endm' pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become
additionai indebtedness of Borrower secured by this Mortgage. Unless Borrower and Leader agree to other terms of payment,
such amounts shall bc payable upon notice from L~der to Borrower requesting payment thereof. Nothing contained in this
paragraph 7 shall require Lender to incur any expense or take any action hereunder.
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'DOC ID %: 0006805432508004
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 l. endegs interest in
the Propea~y.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condenmation or other raking of the Property, or pan thercof, or for conveyance in lieu of condenmation, are hereby assigned and
shaft be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a Hen which has
priority over this Mortgage.
10. Borrower No/Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Mortgage granted by Lender to any successor in inte~st of Borrower shall not operate
to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required
to commcnc~ proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the
sums secured by this Montage by reason of any demand made by the original Borrower and Bon'ower's suecessors in interest.
Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a
waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bo-nd; 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 a~igns of Lender and 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 Montage, but does not execute the No~ (a) is co-signing this Mortgage only to mortgage, grant and
convey thai Borrower% inter~t in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note
or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or
make any other accommodation~ with regard to [he terms of this Mortgage or the Note without ~hat 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 mann,r, (a) any notice to Borrower
provided for in figs Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at
the Property AddreSS or at such other address as Borrower may designate by notice to Lender as provided herein, and Co) any
notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may
designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given
to Borrower or Lender when given in the manner designate, d herein.
13. Governing Law; Severalffiiiy. The stale and local laws applicable [o this Mortgage shall be ~he laws of thc jurisdiction
in which the Property is located. The foregoing sentence shall no~ limit the applicability of federal law to figs Mortgage. In the
event that any la,vision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Montage or the Note which can be given effect without the conflicting provision, and to this end the provisions
of this Montage and the Note are declared to be severable. As used herein, "costs," "~penses" and"attorneys' fees' include all
sums 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 figs Montage at the time of
execution or afar recordation hereof.
15. Rehabilitation Loan Agree. meaL Borrower shaft fulfill all of Borrower% obligations under any home rehabilitation,
improvement, repair, or other ]eau agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignn~nt of any rights, claims or de~fenses which
Borrower may have against parties who supply labor, materials or services in connection with improvements made to the
Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is
sold ur transfen, ed (or if a beneficial interest in Borrower is sold or transfcrred and Borrower is no! a natural pea'son) without
I_zoder's prior written consent, Lender may, al its option, require immedia~ payment in full of all sums secured by this Mortgage.
However, this option shall not be exercised by/_~nder if ex,else is prohibited by f~deml law as of th~ dale of this Mortgage.
ff Lender exercises ibis option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Montage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by
this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Mortgage, incindin~ the covenants to pay when due any sums secured by this Morq~age,
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 from the date the notice is mailed lo Borrower,
by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice
may result in acceleration of the sums secured by this Mortgage, The notice shall further inform Borrower of the righl to
reinstate after acceleration and the right to bring a court action to assert the no,~-~stence of a default or any other defense
of Borrower to acceleration and sale. If the breach is nog cured on or bdore the date specified in the notice, Lender, at
Lender's option, may declare all of the sums secured by tits Mor~age to be immediately due and payable without farther
demand ,ha may invoke the power of sale and any other remedies permiset by applicable law. Lender shall be entitled to
collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17~ including, but
not llmited to, reasonable attorneys' fee~
ff Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower ami to the person in
po~esllon of the Property, ff dlfferent~ in accordance wilh applimble law. Lender sindl marl a copy of a notice of the sale
to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall
be sold in the manner prescribed by applicable law. Lender or Lender's designee ,,my parchase the Property at any sale.
The proceeds of the sale shall be applied in the following order: (a) to all reasonable cos~ and expenses of the sale,
including, bui not limited tod reasonable attorneys' fees ami eosts of titie evidence; (b) to all sums secured by this
Mort~qle; ami (c) the excess, ff any, lo the p~rson or persons legally entitled thereto.
~-76(WY) (0208) C HL (09/02) Pa g es of 4 mm;ds: ~m~..3~ ~-~'~"~
DOC ID ~: 0006805432508004
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued
at any time prior to the earliec to occur of (i) tho fifth day before sale of the Property pursuant to the power of sale oontainod in
th/s Mortgage or (ii) entry of a ~udgmcnt enforcing this Mortgage ~ (a) Borrower pays Lender all sums which would be then due
under this Mortgage and the Note had no acceleration occurred; (b) Borrower cur~ all breaches of any other covenants or
agreements of Bo:xower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing
the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in
paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may
reasonably require to ar~ure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the
sums secured by this Mortgage shall continue unimpalrexL Upon such payment and c~e by Borrower, this Mortgage and thc
obligations secured hex~by shall remain in full force and effect as if no acceleration had occurred.
19. Assignment of ~ Appointn~_.nt af Receiver; Lender in Posseasiom Aa additional e~-ity hexcundcr, Borrower
hereby assigns to Louder the rents of the Property, provided that Borrower shall, prior to acceleration under Paragraph 17 hexcof
or abandonment of the Property, have the right to collect and retain such rents as Ihey become due and payable.
Upon acceleration under paragraph 17 hexcof or abandonme~_~nt of the Property, and at any time prior to the expiration of any
period of redemption following judicial sale, I.,cnder, in person, by agent or by judicially appointed receiver, shall be entitled to
enlex upon, raise possession of and manage the Property and to collect the rents of the Property including those past due. All rents
collected by Lender or Ibc 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'8 foc~, pre..millma on receiver's bond.s and rcasozlable attorneys' fees, and then to the
aun~ seem-cd by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually re~ived.
20. R~lea~ Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to
Borrower. Borrower shall pay ali coats of recordation, if any,
21, Waiver of Home$tend. Borrower hereby waives all right Of homestead exemption in the Property.
REQUF.~ FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request thc holder of any mortgage, deed of trust or other cocumbrance with a lien which has priority
over this Mortgage to give Nofi~ to Lend, r. at Lender's address set forth on page one of this Mortgage, of any default und~ the
superior encumbranc~ and of any sale or othar foreclosure action.
IN W1TNESS Wl:IERB~F' B°rr°wex has cxecutedf~ M°rtgage' /~.~
I ~-~'~ )~"-~'d/'~ (Seal)
(S~)
- Borrower
(Seal)
(Sign Original Only)
STATE OF WYOMING,
The foregoing instrument was acknowledged before me this
Expires: )
My
Commission
~ Notory, PuI:N~ [
d ~n c~m~ r
(~-76(WY) (07.08) CHL (09/02) Pa~e 4 of 4
Form