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HomeMy WebLinkAbout903921903921 State of Wyoming REOEIV£D LINOOLN 0OUNTY OLFRK Space Almve This Line For Recording Data MORTGAGE (With Future Advance Clausc~ DATE AND PARTIES. The date of this Mortgage (Security Instrument) ~s 10-13.2004 parties, their addresses and tax identification numbers, if required, are as follows- ' .............................................. and the MORTGAGOR: DEAN MERRILL BALL and JOANNE BALL. HUSBAND AND WIFE 90 JAY-BOB LANE FAIRVIEW. WY 83119 [] If checked, refer to the attached Addendum incorporated herein, l',,r additional 'Mortgagors, their signatures and acknowledgments. LENDER: THE BANK OF STAR VALLEY THAYN E BRANCH Organized and existing under the laws of the state of Wyoming P.O. BOX 928 113 PETERSEN PARKWAY THAYNE, WY 83127 83-0315143 CONVEYANCE. For good and valuable consideration, the receipt and std)tclcncy of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Sccm-ity Instrument, Mortgagor grants, bargazns, conveys, mortgages and warrants to Lender, with power of sale, the following described property: SEE SCHEDULE S ATIACH[0 HER El0 AND MADE A PART HEREOF. The property is located in ............ L NCOLN ...................................... at 90 JAY-BOB LANE (County) ................................................ ..................................................................... FAIRVIEW (^ddress) ................................................ Wyoming ......... 8.3.!.1.9. ........ (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 anprovements, structures, fixtures, and replacements that may now, or at any time in the furore, be part of the real estate described above (all referred to .~ 'Property"). MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 80,000.00 ..................................................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitatt~}n does not apply to advances made under the Instrument.terms of this Security Instrument to protect Lender's secnrky and to pertbrm ~,y DJ' the covenants contained in this Security 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. [~%t must specifically identify the debt(s) secured and you should include the final maturity date of such debt(s).) PROMISSORY NOTE DATED 10113/04 IN THE AMOUNT OF $80,000 WITH A MATURITY DATE OF 10112,2014 WYOMING - HOME EQUITY LINE OF CREDIT MORTGAGE (NOT FOR FNMA, FHLMC. FHA OR VA USE ©1994 Bankers Syszerns. Inc., St. Cloud, MN Form OCP-REMTG-WY 1017198 [page 1 of 4) 0373 All furore advances from Lender to Mortgagor or other future ()bligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mt~rtgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, t~r any one or more Mortgagor and others. All future 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 see,red as if made on the date of this ~6c~urity Instrument. Nothing in this Security Instrument shall constitute a connnitmcnl to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. All other obligations 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 acct)unt agreement between Mortgagor and Lender. All additional sums advanced and expenses incurred by Lender fro' insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses iucurred by Lender under the terms of this Security Instrument. In the event that Lender fails to provide any necessary notice of d~c right of rescission with respect to any additional indebtedness secured under paragraph B of this Section, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument (but dries m~t waive the security interest for the debts referenced in paragraph A of this Section). o 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 covenam in this section, Lender may 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 bc 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 {~I' trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, M(}rlgagor agrees to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien documcm without Lender's prior written approval. 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 InstrulnCm. 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. Property Condition, Alterations and Inspection. Mortgagor will kccp tl~c Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow :mx waste, impairment, or deterioration of the Property. Mortgagor agrees that the nature of the occupancy and use will n(~l substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive ct)vcnant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, chfims aud 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 shall give Mortgagor notice at the time of or befi~rc an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for l.cndcr's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any duty or any of tl~e 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. Lcmlcr'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. Mortgag,)r agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a milt in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 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, eminenl dtmqain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above descl'ibcd actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnatiol~ or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as prt~vidcd 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. Mortghg0r shall keep Property insured against loss by I'irc, 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 by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender anti shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify l.cnder of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lendc~ requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagt~r shall give imanediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mt~rtgagor. Unless otherwise agreed in writing, all insurance proceeds shall bc 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 ©1994 Bankers Systems. Inc., St. Cloud, MN Form OCP-REMTG-WY 10/7/98 (page 2 o! 4) OSOaS I., i 0 3 7 4 principal shall not extend or postpone the due date of the scheduled paymei~t nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by I.cnder, Mortgager's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt 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 Mortgager's obligations under this Security Instrument and Lender's lien status on the Property. DUE ON SALE. Lender may, at its option, declare the entire balance ~t' thc Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale ~l' thc Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 7. DEFAULT. Mortgagor will be in default if any of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misreprcscnlation 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 {,pea end home equity plan fails to make a payment when due. Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects lxnder's security; (d) Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on the 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 permitted under federal laws and regulations. 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 Mt~rtgagor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. Lender shall be entitled to, without limitation, the power to sell the Property. The acceptance by Lender of any sum in payment or partial paymcm on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitule a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgager's default, Lender does not waive Lender's right to later consider the event a default if it happens again. 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 protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incur,'ed by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This ;tlllt)tlllt may include, but is not limited to, reasonable attorneys' fees, court costs, and other legal expenses. This amount d~cs nt~t include attorneys' fees for a salaried employee of the Lender. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any ct~m't exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 10. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. :% used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compcasation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, t~rdinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, p. llutant 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 substances," "hazardous waste" or "hazardous substance" under any Environmenta! Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing t,.~ I.cnder, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does n,)t apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maimcnance of the Property. B. Except as previously disclosed and acknowledged in writing to l.cnder, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threalened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environn~cntal Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with m~y Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mt,'tgagor 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. ©1994 Bankers Systems, Inc., St. Cloud, MN Form OCP-REMTG-WY 10/7/98 [page 3 of 4) , 0-375 O903Dk 'l 11. ESCROW FOR TAXES AND INSURANCE. Unless otherwise pmxidcd 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; SUCCESS¢)RS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Sccmity Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Pnq,crty to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. 11 this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that ln:~y 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 SecuriD' h~strument shall bind and benefit the successors and assigns of Mortgagor and Lender. 13. SEVERABILITY; INTERPRETATION. This Security Instrument is ctmlplcte and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this St'curity Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will n,~t hc c[fective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this gc~c't~l'ity Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability ~d' the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. Thc captitms and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret t~r dcl'in~ 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 155.' delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, {~r lo 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 :my 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 crcdil. Although 'the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released 17. APPLICABLE LAW. This Security Instrument is governed by the laws ,~ 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. 18. RIDERS. The covenants and agreements of each of the riders checked bch~w are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] [] Assignment of Leases and Rents [] Other .................................................................................................. 19. ~ ADDITIONAL TERMS. SIGNATURES: By signing below, Mortgagor agrees to the terms and covc~:mts contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Insl rmncnl on the date stated on page 1. r (D~) ACKNOWLEDGMENT: STATE OF .W. ~/.o.m.i.n~q .................................... COUNTY OF ...~..t. r't.~ ~././,~ ......................... }ss. (Individual) This instrument was acknowledged before me this ........ J.3.t.h ........ ~,/ty of .0..ct.o.b.e.r.,.2..fl.O.4. ..................................... (Notary Public) ©1994 Banke,s Systems, Inc., St. Cloud. MN Form OCP-REMTG-WY 10/7/98 ALTA COMMITMENT -- 1982 - WY 0576 0~)03~;~ Commitment No.' FA 12539 M SCHEDULE C The land referred to in chis comminnent is situated in O',e State of Wyoming, County of Lincoln, ~d is described as follows: Parcel 1 That part of the N~N-W~ of Section 23, T31N RllgW of the 6th P.M., Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County in Rook 364PR on page 807 described as follows: BEGINNING at the Northeast point of said tract of record, cn the North line of said Section 23, N 89"32'30, E, 1550.50 fe@c from the Northwest corner of said Section 23; thence S 00027'30'' E, 322.00 feet, alorlc the East line of said tract to a point; - thence N 89"29'40., w, 272.54 feet, alon~ an existing fence line, to a polnt; thence N 00027'30,, w, 317.42 feet, parallel with said East line to a point on said North line; thence N 89.32'30,, E, 272.50 feec, along said Notch line to the POINT OF BEGINNING. The right of access as provided for in instrument recorded March lg, 2000 in Book 4%3P~ on page 26 of the records of the ~Incoln County Clerk.