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Home My WebLink About90252730:,,% i~:',?04) RETURN TO: NCB, CLS BRECKSVILLE LOCS, LOCATOR 7120 P.O. BOX 5570 CLEVELAND, OH 44101 RECEIVED LINCOLN COUNTY CLERK 90252 7 oN SFP-I PH 2:18 JEANNE WAGI',tE F't !'~M.~ERER, ~,',',",.~,~,q,m. ,,,..,.. ,. State of Wyoming Space Above Tiffs Line For Recording Data MORTGAGE (With Future Advance Clause) DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ....A..u.?..s..t....3.0..,....2.0..0..4. ................. and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: ROBERT PARKINSON , A SINGLE MAN HOKANSEN ST APT #7, THAYNE, Wyoming, 83127 [] If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: NATIONAL CITY BANK CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property: See Attached Legal Description, Schedule "A" o Lin¢oin The property is located in ....................................................................... at ................................................ (County) 211 g 5TH AVE AFTON Wyoming 83110 (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that tnay now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ ........... 25,200.00 This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security InstrUment. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to pertbrm any of the covenants contained in this SeCurity Instrument. SECURED DEBT AND FUTURE ADVANCES. The term "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 identify the debt(s) secured and you should include the final maturity date of such debt(s).) Maturity Date: 8/30/2024 WYOMING - HOME EQUITY LINE OF CREDIT MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA USE) ~) 1994 Bankers Systems, Inc., St. Cloud, MN Form OCP-REMTG-WY 10/7/98 {page I of 4) ]3. All future advances from Lender to Mortgagor or other future obligatio~ Instrument whether or not this Security Instrument is . ,, of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Securiti, that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future g _ that th~s Secuuty Instrument will secure all future ad future obligations advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount· Any such commitment must be agreed to in a separate writing. C. All other obligatio, ns Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to anY deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 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 auy subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument (but does not waive the security interest for the debts referenced ~n paragraph A of this Section). 5. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under the Secured Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender nmy refuse to make additional extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 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 to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to alh)w 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 written approval. Claims Against Title. Mortgagor will pay all taxes, assess · . · · a. nd other charges relating to the mro-ert,, wh~-.~..~. ·- ~ m~, ~n~, ee~ulnbrances, lease, aymen , round rents, utilities that such amounts are due and v j. ,.~ puc ?enae. r qu r orr a or to P ts g . , a i · . the receipts evidencing Mort a '. , g g prowde, to Lender co ~es of all ' ,ga.nst .any claims that would ~mnair the lien *~ *~-: ....... ~g gor s payment. Mortga or will end ' p ~o_Uces Dy LenQer, any ri~ht~ 0~; .... -5 ~ .. ~,-~-~ o~cunty ~nstrument Mort ....... ~(__. d. efi . }~tle to the Pmpert · . o -, ~ia.l~ t,l aetenses M . · .~,.~u~ aaicc~ [0 assl Y ~mprove the Pronertv ortgagor may have against t~arties wh ...... ~ ...... gn to Left.der, as requested · ,,. - ~ oup},sy saoor or materials to maintain or Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. 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 consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any damage to the Property. written loss or 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 shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any dut or an Lender may, without notice, perform or cause them to be pe Mortgagor's ~fdrme~y. of the covenants contained in this Security Instrument, Mortgagor appoints Lender as attorney in fact to sign name or pay any amount necessary for performance. L' ender s right to perform for 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 Instrument. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, regulations of the condominium or planned unit development· or Condemnation. 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 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 with a condenmation or other taking of all or any part of the Property. Such proceeds shall 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. Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen b Mort a, ~w~hjc~h~_,s~hall..not b.e u. nreasonably withheld. If Mort a o fails to .' ~' Y g got subject to Lender s approval, ~,ucs s opnon, ol~tam coverage to protect Lender's ~i ~trin ' _ maintain the coverage described above, Lender .g ,S, ~ me Property accordino to ,h2 ............ may, at All insurance policies and renewals shall be acceptable to L~iider '~' ' ,, and 'shall inclhde 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. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give inm~ediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made inunediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to ; .... ~ ' [po~qe 2 of 4) date of the scheduled payment nor change; the am0m{t o~ any payment. A y finci 1 shall not extend or postpone [he, due ~_.: ...... ;~-,~ ~-,, Lender Mort~agor's right to any insurance policies and Pexcesf~fll be paid to the Mortgagor II me eropeny x~ ~,~q,~ ..... a ' ~ of the Secured Debt proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent immediately before the acquisition. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement 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 perfect, continue, and preserve Mortgagor's obligations under this · ~[ ird~ eu~ml~gio~ £"t}l .~ .-w--..~_~.':. :,~2i~1~ .~.~ entire balance of the Secured Debt to be immediately due and payable DUE OeN~AL~iol;t~er ~i its g~c,at 6. on the rea' ~ ~ c~:: ~' '~g~cmcx~a~l a transfer or sale of the Property. This fight is subject to the restrictions imposed l~y fed~t~'~ ...... ~%"~;~~*~ny of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan· Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due ......... cc~,.o the Pronertv or Lender's rights jn · r inaction by the Borrower or Mo_rt.g. ago.r occ~ur.s .ti}at .a~tV;jrSe~aYil~*t~"'~a~ntain [e~ired insurance on Pro erty. Any action o -' ' ' o the 1011owmg: La) h,iortgag ........ :~ a~etmctivelv uses or fails to P ' ' udes but ~s not hnnted t , ' - waste or outcxw,~,~ ......... .~. the Propert,,y: T,h~_j.n~c,,l,,,. t~'ansfers the Property; (c) Mortga,gor ~cfin. mu, t.~._~ .... secufit,'; (d) Mortgagor fads to. pay taxefi~,o.n rt · o IvIuit[al~u-'- * · · et allects ccnucx o a · · ' Prope y, {. ) .......... ~.~ ac,o or xnacflon-adyers Y ..... . .... ~, ..... ,,, at ts semor to me pen o.~ m. · maimain the-prop?ny s. ucn~ .m.~[.py~7~n,~rdb,~ ~huses a lien to ue oleo agamst utc ~,~w*-J th the Property or omerw~se mos to a,.[ ........ - ...... , ...... ~nv Mort~auor dies and Lender's security ~s Security Instrument; (e) a sole Mortgagor dies; (f) if more tharr one Ni~l,tg-~.~? - .~ ._ c:.~.h~ ~,.,~;n~t Martoa~or and subjects adversely affected; (g) the Property is taken through eminent domain; tit) a 3uagmem xs tncu a~ ........... the Mortgagor and the Property to, action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on Property and as a result, Lender s interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another lender in an aggregate amount greater than the amount pernfitted under federal laws and regulations. 8. REMEDIES ON DEFAULT. 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 and state law will require Lender to provide Mortgagor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. _ char es, accrued interest and principal shall become the a~reed fees and ' g. ,. ~,,~, ~,~ ~ ,, ime thereafter At the option of the Lender, all or any part of ff required by law, upon tile occurrence ota immediately due and payable, after giving notice Lender shall be entitled to, without limitation, the power to sell the Property. f an sum in payment or partial payme t on the Secured Dsbt after the balance is due or rs ender o Y .......... '- -~'.} - waiver of Lender s right to require complete cure of The acceptance ?Y L _ are mca snan not constitute, a,. ..... -:^~e ,~nt w ire Lender's right to later elerated or alter for_eclosme proc. e,e_amgs dv on Mort~agor's demult, uenam uu~ ....... a ~cn~ existing default. By not exerc~smg any. reme_~ - - consider the event a default if it happens agam. 9. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or Property. Such expenses include, but are not limited to, fees incurred for inspecting, , ' interest These expenses are payable on demand and will bear interest from me {;ate o~ paymcm a al~' costs and expenses incurred by Lenaer tn c Secured Debt. Mortgagor agrees to p. y ...................... include but is not limited to, reasonable · not include attorneys' fees for a salaried employee o,f Lender's rights and remedies under this ~ecurity tnstrument. ~ms amuu-[ -.-a .... ~.~. ,~.~ e,~,,enses This amount do~.es .............. to nay the reasonable attorneys ~te°~:nY;e2$~ ~: ce~n~tetesdecbuYre~eDUe~eads Sataw~rSdeB2 bn~rUaPnt;Yc ...... ~ sP~sCYofC:udcei~ fees Lender incurs to _ ~, .... ;., in effect until released· Mortgag ' g This Security Instrument shah ~c release· 10. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Enviromnental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 er federal, state and local laws, regulations ordinances, court orders, attorney general opinions or · ' ' mnent or a hazardous substance; and (2) Hazardous et seq.), and ~all o~_ . bbc health, safety, we!fare, euvtro 'nant which has charactensucs which · retire ~etters concermng .the ~u ..... .~ ......~ i t waste, ollutant or contarm term mterp .---:~ ~--r~ioac't,V r llitzal, uvua · .... r a , P Substance means any tort,., ,, ...... e o render the substance dangerous or potentially dangerous to the public health, safety, welfare or enviromnent. The includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. a or re resents, warrants and agrees that: Mortg g P .... :ecla~ed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, A. Except as prevtousty m ...... This restriction does not apply to small quantities of Hazardous Substances that stored or released on or in the Propert.y.. ......... ~ ....,nd maintenance of the Property.. are generally .recognized to be appropriate mr mc urn, B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Enviromnental Law. C. Mortgagor shall 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 Enviromnental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. writing as soon as Mortgagor has reason to believe there is any Pending or Mortgagor shall immediately notify Lender in or threatened investigation, claim, or proceeding ::: D. relating to the release or threatened release of any Hazardous Substance the violation of any Environmental Law. · ,,~ (page3of4) ll. 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. 12. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs tiffs Security Instruinent but does not sign an evidence of debt, Mortgagor does so only to .mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If tiffs 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. The duties and benefits of this Security Instrun~ent shall bind and benefit the successors and assigns of Mortgagor and Lender. 13. SEVERABILITY; INTERPRETATION.' This Security Instrument is complete aud fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the renminder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 14. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 15. 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. LINE OF CREDIT. The Secured Debt includes a revolving line of credit· Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. [7. APPLICABLE LAW. This Security Instrument is governed by the 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. .8. RIDERS. The covenants and agreements of each of the alders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] [] Assignment of Leases and Rents [] Other ............... 9. [] ADDITIONAL TERMS. Prepared by: JEANETTE HEIGHBERGER, National City Bank 6750 Miller Road, Brecksville, OH 44141 [GNATURES: By signing below, Mortgagoragreesto thetermsandcovenantscontainedinthis Securitylnstmmentandinany tachments. MortgagoralsoacknowledgesreceiptofacopyofthisSecuritylnstrumenton thedatesmtedonpagel. gnature) ROBERT PARKINSON (Date) 2KNOWLEDGMENT: ividual) (Signature) ' ' (Date) STATE OF WYOMING , COUNTY OF ...I~%NC.0,bN ................................ } ss. This instrument was acknowledged before me this .... ~.0.~.h.. day of A.ugl~$.t .... Z0.0.4 .......................... by .. g.o..b.e..r..t...?.a..r..k..%.n.s..o.n .... My commission expires: 10/5/2005 ~ ........................................ (Seal) .............. ~ ~)1994 Bankers Systems. Inc., St Cloud, MN Form OCP-REMTG-Wy 10/7/98 (page 4 of 4) SCHEDULE A 0246 LEGAL DESCRIPTION COMMENCiNG at a point 6 rods East of the Southwest Corner of Lot 3, Block 22, Afton Townsite, Lincoln County, Wyoming and running Thence North 12 rods; Thence East 4 rods, Thence South 12 rods; Thence West 4 rods to the POiNT OF BEGINNING. This is a 2nd Real Estate Mortgage recording concurrently with a Mortgage in favor of Lehman Brothers Bank, FSB, dated August 30, original amount of $100,800.00. 1st Real Estate 2004 in the