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HomeMy WebLinkAbout904730MORTOA(iI' ] MIN' 100176104102819295 THIS MORTGAGE is made this 15th day of No ve]td., r , 2 0 04 , between the Mortgagor, JED ARLO MILLER AND LISA MILLER, HUSBAND AND WIFE RECEIVED 11/22/2004 at 11:06 AM RECEIVING # 904730 BOOK: 573 PAGE: 229 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, W'~ (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as n,,,,,~,,,v lbr Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organized and existing under the law.s ,.: I ~clax~are, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Accred,.~l ttome Lenders, Inc. A Cali~.,,ia Corporation , ("Lender ") is organized and existing under the laws of the State of California 15090 Avenue of Science San Diego. CA 92128 WHEREAS, Borrower is indebted to Lender in the principal sum indebtedness is evidenced by Borrower's note dated November 15, 2., 1 thereof (herein "Note"), providing for monthly installments of princip:, sooner paid, due and payable on December 1, 2019 TO SECURE to Lender the repayment of the indebtedness evidence, other sums, with interest thereon, advanced in accordance herewith performance of the covenants and agreements of Borrower herein contm~, to MERS (solely as nominee for Lender and Lender's successors and power of sale, the following described property located in the County ol _. State of Wyoming: See Legal Description Addendum Page Attached , and has an address of '~39,000.00 * , which and extensions and renewals interest, with the balance of indebtedness, if not ; t~c Note, with interest thereon; the payment of all t~tcct the security of this Mortgage; and the i~,~rrowcr does hereby mortgage, grant and convey and to the successors and assigns of MERS, with which has the address of 7541 WYOMING HIGHWAY 238 AFTON [CiW], Wyoming TOGETHER with all the improvements now or hereafter erected t,, and rents, all of which shall be deemed to be and remain a part of t foregoing, together with said property (or the leasehold estate if this I~1 the "Property." Borrower understands and agrees that MERS holds Mortgage; but, if necessary to comply with law or custom, MERS, assigns), has the right: to exercise any or all of those interests, includi.z [Street], [Zip Code] (herein "Property Address"); ~,,. pr~q~crty, and all easements, rights, appurtenances ,,,perth covered by this Mortgage; and all of the .,,t.c is on a leasehold) are hereinafter referred to as ,,~ title to the interests granted by Borrower in this .,~,,mnee for Lender and Lender's successors and I t,~ not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not l i,~',t h,, releasing or canceling this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate h~:~ ~1,, cotwcyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except I~,~ c,,cumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property ag, ir, t :d[ claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and a~,,,' :t, l',lh)ws: 1. Payment of Principal and Interest. Borrower shall promptt> I';', when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law ,, :~ v,,'ittcn waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payal~l: ~,Mcr the Note, until the Note is paid in full, a sum  0410281929 I WYOMING- SECOND MORIGAGE- 1/80- FNMAIFNLMC UNIFORM INSTRH~.', t,l WITH MERS,, ,n,.~ s:, I[/X-~/"~" ~ .......... o,7-- (~®-76"(WY) (0208)0,. V~P~ORTG^GEFOR~S'¢O0: ',' --~ yU NAmendea 2/01 *Th~s Real Estate Hortgage 5s second and s,,,~,i ~cr ONLY to a ~~eai ~rare Hortgage recording concurrently herewSrh ~ ~avor of HE. red ~ovembdr 15. 200~ 5n the or~gSna~ amount of $208.000.(~c~. (herein "Funds") equal to one-twelfth of the yearly taxes and as-.. ~,~,ms (including condominium and planned unit development assessments, if any) which may attain priority over this Ix l,.~.:,~,c and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus ~,~ t,.xcll'th of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to I~. Ils l.cnder on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make ,~ t~ p:tymcnts of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed ~ ~ t~t~t il' such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an ~,, t~mi,m the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender i .~,h :m institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. L.c~,,I,-~ ~:t.,,' not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessm,.~i :Hid bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. B ...... ',~ ct' and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid ~,. I~,~rrox~er, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be rcq,~ir cd to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual acc~,}~..~, o1' the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. Tt~,. I tllltl~ arc pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the futur~. ~ ~, ,~,th Iv installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, ~1~:~1t c~xcced the mnount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, sucl, .:,~.~.~ shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of l ~[~[,I.;. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and grot~,~l ~%is as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more paymenl I c~dcr may require. Upon payment in full of all sums secured by this Mortgage, Lendc~ l~ll tn't)mptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Propel I:. ~ ~,thcrwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisi~i~ ~,~ b,, I~cnctcr, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides othc~ ,.. ,~.~-. all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in pa3~,,. ~ ,,r amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to thc I" ~"i p:[I of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borr,,,~ ~hzdl perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien whirl, i,.~. p~'iority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause t,, ~. i,:~icl all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority ,,.~ ~.t llxis Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements nov. ,.,,iqing or hereafter erected on the Property insured against loss by fire, ba?ards included within the term "extended coverage" :~t~l such other ha?ards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by I;,.~t,,xxcr subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policic. :~,1 ~'cnewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a ~..~ ~ acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any m~ [,.:,:,c. riced of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insur:t~,',, carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to r~. l" ,,~d ~o Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle :,, I:Jint Cot insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to resi,,~.tt i,,n or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Cmt,i,,mi.iums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or i,~., ~J~it impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a Jolt .~ [l~,ld. Il' this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower' ~; ~ 4,1igations under the declaration or covenants creating or governing the condominium or planned unit development, the by-lav~. :~,1 regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perl~,,,,J tl~c covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materiallx ~tl l~.c~s Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearam',.. ,ii~burse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Ill ~.tMcr required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the pren~i~,,~., required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordmJ~',, x,, ilh Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7. ,,.itt~ imcrest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless I;,.~ ~,,xxcr and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower ~,.,l~,.~ling payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action 1,='~ CtllldCr. 8. Inspection. Lender may make or cause to be made reasonable ,.~,~i~,s upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection st,.., il> i~Jg reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for dm,,.~:..::,, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for c,,~,' ..,. ~t ~cc in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed , ,t lrust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Wa i~ ,.,'. I ×tension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lmt,l ~ h~ 'any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower ~ t, I I I,~rrower's successors in interest. Lender shall not be required to commence proceedings against such successor or reth, t,) c×tcnd time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any d~.~t~.tlt,J made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising an)' ~...!~/ {,r remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any su, 1~ ~i ~ h t or remedy. 281929 11. Successors and Assigns Bound; Joint and Several Liabilil.,; ('.-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the resi,~.~.~i..~, successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and ~.~,.~.ms of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, {:~ ~, c(~-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under th~. [~ ~; ~' this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any ~li~, ~ II~rrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms ,,I ~l~is Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage ~ I,~ ~hat Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law t,, t~,. ~Ji¥cn in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by inaili~,, ~,~c~}l notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may desi~, ~. I~v notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's addres:, ~:~l...d herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provi&.,l I~t' in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated here i~ 13. Governing Law; Severability. The state and local laws :~l~l,li,:~lblc to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence .i~:~ll n~,t limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage ,.~ ~t,,, Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can 1.- ? ix cn cffect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared t~, t.. ,~x crable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applic:tl,!~ I~x~ ~r limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed ~,,i,~ "l' the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all ~1 I',.~ r~xxcr's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters it~l,~ .,., ilh l.cnder. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to I ~-~,ti.~. ~m assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials {,~ .'~x ices in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower.,. I1' ',~ll or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or ~t':,~ t~:rt'cd and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require i~..-di~tc payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if e×,~,'i~ is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice ,.I ,,,ccl cration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed witl~is~ .,xlfich Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration ol ~l~:. period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further c~,x. ~:~t ztild agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph l t, ht'rc~H', upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants t~, I':~Y xxhen due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as providc~i i, paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less ~!,:,~ Ill days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failurt. ~,, till't, stlch breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mm l~.:t?.c. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a couri :~,.iiml to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is n.~ , urctl o1! or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured I,~ ihi~ Mortgage to be immediately due and payable without further demand and may invoke the power of sale and an) .thor remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred ~,~ lmrsuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give notice ~,f it~lcn! h} l'oreclose to Borrower and to the person in possession of the Property, if different, in accordance with applicabh. I,~. I.ender shall mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereofi Leml,., ,l~ll publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or I cmlt, r's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following ordt~r: i:~) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and cos~> ,,r title evidence; (b) to all sums secured by this Mortgage; and (c)'the excess, if any, to the person or persons legal13 ,.,~titlcd thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's a~','~ I~,~ :~li~m of the sums secured by this Mortgage due to Borrower's breaCh, Borrower shall have the right to have any pr~,~:.,Iit~s begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day l,,I~,~ ~ ~llc ol' the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this .x.l~ ,~ ~;~:~!_.c il': (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no accelerati(,,, ,r,'m-rcd: (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) B,,~, ,.,,.,~r' pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in tl~t .51~rtgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonabl~ ~[i,,~t~cys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mort.~, .... Icnder's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue un it~i, ~c'tl~ [lpon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force :.,,! ,. I I(~cl as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in I',,.,,cs~ion. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that B[,~, ,~,,~:~ shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and re~:~i~ ~.1~ rents as they become due and payable. Page 3 of 4 (~)®-76 N(WY)(o2o8),Ol ~ni~?~0281929 Form 385~ Upon acceleration under paragraph 17 hereof or abandonment of ~t~,. lh'tq~er(v, and at any time prior to the expiration of any period of redemption following judicial sale, Lender, in person. I. ,ucm or by judidally appointed receiver, shall b~ entitled to enter upon, t~e possession of ~d m~age the ProperW and ~, ,, ~llcc~ ~he rents of the Properw including thos~ p~t du~. All rents collected by Lender or th~ receiver shall b~ applied firs~ ~..~,u)mcnt of the costs of m~agement of th~ ProperW ~d collection of rents, including, but not l i~ted to, receiver's fees, iu .~n~u~s on receiver's bonds and re~onable a~orneys' fees, ~d then to the sums secured by this Mortgage. Lender ~d the ~,'<&~ er shall be liable to account only for those rents actually received. !0. Release. Upon payment of all sums secured by this Mortga~,.. t u,Mcr shall rele~e this Mortgage without ch~ge to Borrower. Borrower shall pay all costs of recordation, if ~y. 21. Waiver ~f H~te~d. Borrower h~reby waives all right of h~u~u <Icad exemption in the ProperW. REQUEST FOR NOTICE ()l t)I.:I.'.,\ULT AND FORECLOSURE UNDI{ it y;I~I'ERIOR MORTGAGES OR DEED% ~ ~1 ]RUST - See Rider Addendum attached Borrower and Lender request the holder of any mortgage, deed ,~1 I,ust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's ad&e: .... .t lb~th on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure act i, ,~, ;'-1 ILLER (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] STATE OF WYOMING, Te t o~, The foregoing instrument was acknowledged before me this 1 ', by JED ARLO MILLER, LISA MILLER ('Olliity SS: ;, ~1:~:,, of November, 2004 My Commission Expires: 9-15-0~. Norm ,, WHEN )'~,:CORDED MAIL TO Accr~ ,Ii ~ed Home Lenders, Inc. Attn: I~ost Closing Dept. 165B0 West Bernardo Dr. Bldg 1 San 1~:~o, CA 92127-1870 (~}®-7 6 N(WY) (o2os).o~ _.:':~, ::J Page 4 o~ 4 0410281929 Form 3851 RIDER ADDENDUM to SECU i,'. ITY INSTRUMENT "Riders" means all Riders to this Security are to be executed by Borrower. [check boxe~ The following Riders !! ].icable]: Adjustable Rate Rider VA Rider Condominum Rider Planned Unit Development Rider ~ BiWeekly Payment Rider Second Home Rider 1-4 Family Rider ~ Other(s) [specify] Borrower JE~D~ ARL~ LISA MILLER Date Bo~ower Date Bom _. Date Bo~ower Date Borr, Date Bo~ower Date Date Loan # 0410281929 MIN # 100176104102819295 MILLER AHL 610100L.UFF Page 1 of 1 Borrower Name(s): JFD ARI_O MILLER, LISA MILLER Property Address: 7541 WYOMING HIGHWAY 238 AFTON, WY 83110 Legal Description: Lendc~: Accre~h~, ~t Horne Lenders. Inc. A Calii~,,,~ Corporation 15090., nue of Science San Di, ~t~. CA 92128 Loani;: 0410281929 S112NEl14SEl14, SECTION 21 AND S112NW114SW114 O[ :;!-(;TION 22 AND BEGINNING AT A POINT WHICH IS THE NORTHEAST CORNER OF NW1/4~;w1/4, SECTION 22 AND RUNNING THENCE SOUTH 40 RODS; THENCE WEST 1 ROD; THEr!, .i_-- NORTH 40 RODS; THENCE EAST RODS TO THE POINT OF BEGINNING. ALL IN TOWNSHIi~ :~'2 NORTH, RANGE 119 WEST OF THE SIXTH PRINCIPAL MERIDIAN. MIN # 100176104102819295 AHL 610101L.UFF MILLER Page I of l 0410281929