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HomeMy WebLinkAbout903515 ECE VED COUNTY CLERK Filed for record at the request of: Blsmark Mortgage Company, ~1~ 3515 10500 ~E 8th St., Suite 700 Bellevue, WA 98004 CONSTRUCTION MORTGAGE Friday, September 24, 2004 betw~n % o5 :'"' '~ This Mortgage, made Crystal L. Slaughter Grantor(s), whose address is 325 Happy Valley Lane, Afton, WY 8311 0, Blsmark Mortgage Company, LLC, Beneficiary, whose address is 10500 NE 8th St., Suite 700, Bellevue, WA 98004, Witnesseth: Grantor does hereby mortgage, grant and convey to Beneficiary the following described real property: See attached exhibit "A' for legal description(a), which property ts not used principally for agricultural or farming purposes, together with all tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This Mortgage is for the purpose of securing performance of each agrcemem of Grantor herein contained, the terms of construction agreement(s) of even date herewith, and payment of the sum of $79,500.00 with interest, ~n accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and all renewals, modifications and extensions thereof, and any advance(s) or loan(s) as described m p~agraph #8 herein. This Mortgage shall also secure any amount(s) owed to Beneficiary or its assigns by Grantor and/or maker(s) of the note arising from any written agreement, duty, subrogation, operation of law or any other basis whatsoever. See attached exhibit 'B' for special terms. To PROTECT THE SECURITY OFTHIS MORTGAGE GRANTOR COVENANTS AND AGREES: 1. To pay, or have paid, before delinquency all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Mortgage. 2. To keep the property in good repair and condition; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon within six (6) months from the date hereof or in accord with other specific written agreements between Grantor and Beneficiary; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, Conditions and restrictions affecting the property. 3. To keep ali buildings now or hereafter erected on the property described herein continuously insured against loss by fire, earthquake, volcanic eruption, flood and other hazards, Beneficiary may require insurance in an amount not less than the original face amount of the debt secured hereby, or 100~,~ of assessed value of the improvements, or the replacement valuation of the improvements, as determined by the insura,~ce career, whichever is the higher amount, and in such companies as the Beneficiary may approve, and to have loss payable first to the Beneficiary then to Grantor. It is understood and agreed that all policies (or approved certified copies thereof) shall be held by Beneficiary. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such applications by thc Beneficiary shall not cause discontinuance of any proceedings to foreclose this Mortgage. In the event of foreclosure, all Grantor's rights in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights of Beneficiary and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Mortgage. Beneficiary shall be entitled to choose the lawyer or law firm to provide any defense required herein. Grantor will pay the attorney fees in a manner satisfactory to the said attorney and/or firm chosen. ~,~ ~ 5. To pay all costs, fees and expenses incurred in connection with this Mortgage, including any attorney's fees, costs and/or expenses incurred, in any activity undertaken to enforce, p~'otect, ensure performance of or make claim for any obligation secured hereby. This agreement shall specifically include any such fee(s) and/or expense(s) incurred in any Bankruptcy proceeding. IT IS MUTUALLY AGREED THAT: 6. In the event any portion of the property is taken or damaged in an e,n sent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligations. 7. By accepting payment of any sum secured hereby after its due da re, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 8. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances, prior encumbrances (see paragraph 20), if any, and/or other charges, fees or expenses related to the property herein described, Beneficiary may pay the same, and each amount so advanced, including advances or extensions of credit requested by Grantor or the maker(s) of the note, together with costs and :xpenses including reasonable attorney fees in connection therewith, and together with $100.00 or 15% of each amou,~ advanced (whichever sum is greater) which shall be due Beneficiary for service and handling costs, may be added to the debt secured by this Mortgage, and shall bear interest at the rate specified in the note, and all sums so advanced plus the costs and expenses described may be declared immediately due and payable and upon Grantor's failure to reimburse Beneficiary upon demand shall constitute an event of default under the terms of this Mortgage. 9. The note which is secured by this Mortgage may contain penalties t'or early payment of principal. During such time as the above referred prepayment penalties are due, and should l-~eneficiary accelerate the maturity of this Mortgage or note secured hereby, in accord with Paragraph #13 bei'cit~, tbea Beneficiary at its sole option may include in the total amount due, the additional amounts to satisfy in full the requirements of said prepayment penalties. Should Grantor tender payment of the entire indebtedness due prior to the foreclosure sale said tender shall be deemed a voluntary prepayment and as such shall be inclusive of said prepayment penalties. 10. The note secured by this Mortgage requires the unpaid principal balance to be repaid by a date certain, and that date certain may require a final installment (Balloon Payment) substantially more than the regular installment(s) as specified in the note secured hereby. Grantor's failure to tender said final installment by its due date shall constitute a default in the terms of this Mortgage. ASSIGNMENT OF RENTS: 11. As additional security hereunder, Grantor hereby assigns to Beneficiary the rents of the property, provided that Grantor shall, prior to acceleration in accord with Paragraph #13 herein, or abandonment of the property, have the right to collect and retain such rents as they become due and payable. Upon acceleration in accord with Paragraph #13 herein, or abandonment of the property, Beneficiary, in person, by agent, or by judicially appointed receiver, shall be entitled to enter upon, take possession of, and manage the property and to collect the rents of the property, including any past due. All rents collected by Beneficiary or receiver shall be applied first to payment of costs of the management of the property and collection of rents, including but not limited to, receiver's fees and expenses, reasonable attorney fees, expenses of maintaining rental flow, utilities, ts×es, insurance, maintenance of the property, etc. and then to the sums secured by this Mortgage. Benel'i¢iary and/or the receiver shall be liable to account only for those rents actually received. 12. Upon payment of all sums secured hereby Beneficiary shall record a release and satisfaction of this Mortgage. IN CASE OF DEFAULT: 13. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, or referred to herein, all sums secured hereby shall immediately become due and payable at the option Of the Beneficiary. Parc 2 14. N/A 15. N/A 16. In the event this Mortgage is foreclosed then it is further.agreed with respect to taxes, assessments, insurance premiums, liens and encumbrances, that the Beneficiary may make such additional advances as it may deem appropriate upon any payment that may have or may thereafter become due on any said encumbrance and Beneficiary shall have a separate and further right to make such additional prepayment~ as it shall deem appropriate on payments it believes may become due during any period of redemption and all such advances together with interest at the rate specified in the note, on each such advance so made shall be secured by this agreement and be included in any foreclosure judgment, and upon completion of any foreclosure sale whereby Beneficiary or its assigns successfully purchases at such sale, Beneficiary or its assigns may continue to advance funds on, not only those matters provided by applicable redemption statutes, if any, but, may also make advances for insurance, maintenance, upkeep, and upon any prior encumbrances and that any sums so advanced, plus interest at the rate specified in the judgment on each such advance shall be added to such sums that otherwise would be due upon redemption under applicable redemption statutes, if any, in the event of such redemption. It is ag~'ecd and stipulated that the Beneficiary may include all such provisions mentioned in this paragraph in any judgment granted in foreclosure. It is also agreed that any of the rights granted to Beneficiary regarding the making of advancements or prepayments are options only for the benefit of the Beneficiary or its assigns and shall not be construed as obligating Beneficiary or its assigns to make any such advances or prepayment. 17. N/A 18. This Mortgage applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 19. There may be unrecorded documents which are part of this tnmsaction, the specific terms of which are incorporated herein by reference and may be ascertained by contacting thc Beneficiary. PRIOR ENCUMBRANCES: 20. The Terms and conditions of the prior encumbrances, if any, are hereby incorporated into this Mortgage and grantor agrees to promptly comply with all of the terms and conditions of said prior encumbrances, and upon failure to so comply such failure shall constitute a default under this Mo~'tgage and Beneficiary may at its sole and exclusive option: a. Perform such terms and conditions of the prior encumbrances which are in default and by so doing all costs and expenses incurred by the Beneficiary, including reasonable attorney fees and advance fees (see Paragraph #8), may be added to the debt which is secured by this Mortgage and shall bear interest as specified in the note, and all sums so advanced plus costs, fees and expenses incurred may be declared immediately due and payable and Grantors failure to reimburse Beneficiary upon demand thereof shall constitute an event of default under this Mortgage, and/or b. Foreclose this Mortgage in accord with applicable law. WAIVER OF EXEMPTIONS: 21. Grantor hereby waives all rights of homestead and any other exemption(s) in the real property described herein under State or Federal law presently existing or hereafter enacted. OTHER TERMS: 22. N/A 23. N/A Continued next page 04,50 Continued from preceding page By signing below I acknowledge that I have thoroughly read, undersla.d and agree to all of the terms outlined in this Mortgage (Pages I through 6 inclusive). I further acknowledge and stale that there are no oral or "side" agreements which modify or add to any portion of our written agreements contained herein and other related written loan documents of even date, On this day personally appeared before me CtystaFL.-Slaughter, to me known to be thc individual described in and who executed the within and foregoing ins~ument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned, /.~~~..6 q Given under my hand and official seal on: ,a~ ~ . . _ .) c~O d3 My commissio-~9~pires .~ --[ ~---' ~ ~ Continued next page 04,5 Continued from preceding page EXHIBIT ,A" (legal description(s) continued from page 1) 1. Lot 21 of Star View Estates, Lincoln County, Wyoming as described on the official plat thereof. All situate in the County of Lincoln, State of Wyoming.; commonly known as 299 Hill View Drive (new home under construction), Auburn, WY 83111 Continued next page Page