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HomeMy WebLinkAbout905029Parcel 1 Prepared By: DONNA J. J_AMANNA R&R: NATIONAL EQUITY SERVF 565 BLOSSOM ROAD SUITE B ROCHESTER NY 14610 Record andj}Return Add ross: Chasef~aChattan Bank USA, N.A. cio Ch~e/Manhattan Mortgage Corporation soost. ' ' Mo nro~fJ_~1201 Attn: D6r-ument Control 6th FL - HE Reference # 042241~.~.~.~.33 Servicing # 9896582559 WYOMING HOME EQUITY£1NE OF CREDIT MORTGAGE (Securing Future Advances) THIS MORTGAGE is made on DAVID BUCHOLZ October 5, 2004 · 'The mortgagor is q-his Mortgage is given to Chase Manhattan Bank USA, N.A. a national banking association whose address is 2.00 White Clay Center Drive Route 273, Newark, DE 19711 ("~ender") or its successors or assingees. Any communication to the Lender should be sent to cio Chase Manhattan Mortga_oe Co .rporation_. 250 West Huron Road. P. O. Box 93764. Cleveland. OH ~,113 In this Mortgage, the terms "you," "your" and "yours" refer to the mort{iagor(s). The terms "we," "us" and "our" refer to Lender. Pursuant to a Home Equity Line of Credit Agreement dated [ne same date as this Mortgage ("Agreement"), you may incur maximum unpaid loan indebtedness (exclusive of interes[ thereon)in amounts fluctuating from time to time up to the maximum principal sum outstanding at any time of Seventy-Five ThnlJ_~and and 0011 OD Dollars (U.S. $ 75:000_00 ). The Agreement provid~.s for a fina scheduled installment due and payable not Jater than on You agree that this Mortgage shall continue to secure all sums ~ow or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are advanced by us whether or not at the time the sums are advanced there is any principal sum outstanding under the Agreemer ~ The parties hereto intend that this Mortgage shall secure unpaid balances, and all other amounts due to us hereunder and under the Agreement. q'his Mortgage secures to us: (a) the repayment of the debt evidenced by the Agreement, with interest, and all refinancings, renewals, extensions and modifications of the Agru~;ment; (b) the payment of all other sums, with interest, advanced under this Mortgage to protect the security of ttfis Mortgage; and (c) the performance ~f your covenants and agreements under this Mortgage and the Agreemem For this purpose and in consideration of the debt, you do hereby mortgage, grant and convey to us and our successors and assigns, with power of sale, the property located in I IN~C)I N County, Wyoming and more fully described in EXHIBIT A, which is ~tt~ched hereto and made a part hereof, which property is more commonly known as 355 PINE ST, ALPINE. WY 83128 WY£CMT (Rev.09/OB/03) ("Property Address") Page I of 7 RECEIVED 1216/2004 at 11:07 AM RECEIVING # 905029 BOOK: 574 PAGE: 95 JEANNE WAGNER UNCO,N COUNTY CLERk:' - WY TOGETHER wrrH all the improvements now or hereafte~ erected on the property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the I)rupeny. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to ,-tn[s Mortgage as the "Property." YOU COVENANT that you are lawfully seized Df the estate hereby conveyed and have the right to mortgage, grant and convey the Property and that the Property .~ L,tencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You snail pay when the principal ofand interest owing under the Agreement and all other charges due hereunder an, clL~ e under the Agreement. 2. Application of Payments. Unless applicable law p~uwdes otherwise, all payments received by us under the Agreement and Section 1 shall be applied by us as prov~m~{~ r~ the Agreement. 3. Prior Mortgages; Charges; Liens. You shall pedorm all of your obligations under any mortgage, deed of trust or other security instruments with a lien which h~,.~ priority over this Mortgage, including your covenants to make payments when due. You shall pay all taxes assessments, charges, fines and impositions attributab le to the Property which may attain priority over this Mort~j~4je:, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices ut amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You sl~tl ~)romptly discharge any lien (other than a lien disclosed to us in your application or tn any title report we obtained) wn~cn nas priority over this Mortgage. We specifically reserve to ourself and our successors and assigns , ~e unilateral right to require, upon notice, that you pay to us on the day monthly payments are due an amount eq~;~ to one-twelfth (1/12) of the yearly taxes, and assessments (including condominium and planned unit developmen~ assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus o~,~.-[welflh (1/12) of yearly premium installments for h~TRrd and mortgage insurance, all as we reasonably estimate r~mally and from time to time, as allowed by and in accordance with appli~.~hle law, 4. Hazard Insurance. You shall keep the Property insL]rt.~cJ against loss by fire, h~7~rds included within the term "extended coverage" and any other h~7~rds, including flo~ds or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the per,ods that we require. You may choose any insurer reasonably acceptable to us. Insurance policies and renew~ls shal be acceptable to us and shall include a standard mortgagee clause. If we require, you shall promptly g we us all receipts of paid premiums and renewal notices. If you fail to maintain coverage as required in this section. ~ ou authorize us to obtain such coverage as we in our sole discretion determine appropriate to protect our interest ~ me Property in accordance with the provisions in Section 6. You understand and agree that any coverage we purct~;~se may cover only our interest in the Property and may not cover your interest in the Property or any personal prot}orty therein. You also understand and agree that the premium for any such insurance may be higher than the pr~n ~ium you would pay for such insurance. You shall promptly notify the insurer and us of any loss. We may make p~oof of loss if you do not promptly do so. We may also, at our option and on your behalf, adjust and comt)rornise any claims under the insurance, give releases or acquittances to the insurance company in connection witt~ the settlement of any claim and collect and receive insurance proceeds. You appoint us as your attorney-in-fact to do all of the foregoing, which appointment you understand and agree is irrevocable, coupled with an interest with full power of substitution and shall not be affected by your subsequent disability or incompetence. VVYLCMT Page 2 of 7 Or9 Insurance proceeds shall be applied to restore or repair the rtoper~y damaged, if restoration or repair is economically feasible and our security would not be lessened. Otl ~(¢rw~se insurance proceeds shall be applied to sums secured by this Mortgage, whether or not then due, with any ~¢,'.cuss paid to you. If you abandon the Property, or do not answer within 30 days our notice to you that the insurer, ~ offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or.to pay s~ms secured by this Mortgage, whether or not then due The 30-day period wil begin when notice is given. A~L, application Of proceeds to principal shall not require us to extend or postpone the due date of monthly paymem.~; ~ change the amount of monthly payments. If we acquire the Property at a forced sale following your default, you~ r,ght to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to ~,~-~ extent of the sums secured by this Mortgage immediately prior to the acquisition. You shall not permit any condition to exist on the Property whic:l~ would, in any way, invalidate the insurance coverage on the Property. 5. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; leaseholds. You shall not destroy, damage or substantially chang,.~ ~e Property, allow the Property to deteriorate, or commit waste. You shall be in default if any forfeiture action o: [~roceeding, whether civil or criminal, is begun that in our good faith judgment could result in forfeiture of the P~er[y or otherwise materially impair the lien created by this Mortgage or our security interest You may cure .~cn a default, as provided in Section 17, by causing the action or proceeding to be dismissed with a ruling t~ ~n our good faith determination, precludes forfeiture of your interest in the Property or other material impa~rmum of the lien created by this Mortgage or our security interest. You shall also be in default if you , during the ~',~ application process, gave materially false or inaccurate information or statements to us (or failed to provide us w~tl~ any material information) in connection with the loan evidenced by the Agreement, including, but not limitee to. representations concerning your occupancy of the Property as a principle residence. If this Mortgage is on a le~,.~ohold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not ,, ~erge unless we agree to the merger in writing. 6. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Mortgage, or there ~s ~ ~egal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probable, for condemnation or forfeiture or 1o enforce laws or regulations), then we may do, and pay for, anything neces.~*,r y ~o protect the Property's value and our rights in the Property. Our actions may include paying any sums secured ~y a ion which has priority over this Mortgage or any advance under the Agreement or this Mortgage, appear~j ~ court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Mortgao~; an(] entering on the Property to make repairs. We do not have to take any action weare permitted to take unde~ t~s paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be socured Uy this Mortgage. These amounts shall bear interest from the disbursement date at the rate established ~ ~er the Agreement and shall be payable, with interest, upon our request. If we required mortgage insurance as ~ condition of making the loan secured by this Mortgage, you shall pay the premiums for such insurance until s~cn time as the requirement for the insurance terminates. notice. Inspection. We may enter and inspect the Property at any reasonable time and upon reasonable 8. Condemnation. The proceeds of any award for dan,~ges direct or consequential, in connection with any condemnation or other taking of any part of the Property, or fo~ ~:~ weyance in lieu of condemnation, are hereby assigned and shall be paid to us. If the Property is abandoned or ~ after notice by us to you that the condemnor offers to make an award or settle a claim for damages, you fail [o -¢;spond to us within 30 days after the date the notice is given, we are authorized to collect and apply the procee¢:~ ~ our option, either to restoration or repair of the Property or to the sums secured by this Mortgage, whether o~ ~o~ then due Unless we and you otherwise agree in writing, any application of proceeds to principal shall not (;,:teno or postpone the due date of the monthly payments payable under the Agreement and Section 1 or change ~r,,; amount of such payments. VVY£CMT 9. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amorti7Rtion of the sums secured by this Mort§age granted by us to any of your successors in interest shall not operate to release your liability or the liability el your successors in interest. We shall not be required to commence proceedings against any successor in i~)t~.,[est, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Mortgage shall bind and benefit your successc, ..; and permitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs this Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay ~, otl~er sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may :~jree to ex[end, modify, forbear or make any accommodations regarding the terms of this Mortgage or the Agreen/(~,r~ without such person's consent. 11. Loan Charges. If the loan secured bythis Mortga9(: ~s subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or o, ~er loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any suer loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) an~ sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make u,s refund by reducing the pnncipel owed under the Agreement or by making a direct payment to you. If a refund ~;duces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. 12. Notices. Unless otherwise required by law, any no~c:e to you provided for in this Mortgage shall be delivered or mailed by first class mail to the Property Address or ar y other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given ~,y first class mail to our address stated above or any other address we designate by notice to you. Any notice prowmea for in this Mortgage shall be deemed to have been given to you or us when given as provided in this paragraph 13. Governing J_aw; Severability. The extension of (':~ e;¢ht secured by this Mortgage is governed by federal law, which for the purposes of 12 USC § 85 incorporates D~.,:aware law. However, the interpretation and enforcement of this Mortgage shall be governed by the law of u,e ~urisdiction in which the Property is located1 except as preempted by federal law. In the event that any prov~s~.,~ or clause of this Mortgage or the Agreement conflicts with appli~.~hle law, such conflict shall not affect other prowslons of this Mortgage or the Agreement which can be given effect without the conflicting provis~on. -lo this enc~ tl-,~: prowslons of this Mortgage and the Agreement are declared to be severable. 14. 'Transfer of the Property. If all or any part of the Pr operty or any interest in it is sold or transferred without our prior written consent, we may, at our option, require ,~Hned[ate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by us ~f exercise is prohibited by federal law as of the date of this Mortgage. 15. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or mo~{~ ~mes without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer"/ u~at collects monthly payments due under the Agreement and this Mortgage. There also may be one or more cl,;, ~ges of the Loan Servicer unrelated to the sale of the Agreement. If there is a change of the Loan Servicer, yvL~ wH be given written notice of the change as required by applicable law. The notice will state the name and aa¢, ess of the new Loan Servicer and the address to which payments should be made. The notice will also contain a~ ~. ,:formation required by applicable law. VVYLCMT Page 4 Df 7 16. Hazardous Substances. You shall not cause or p~rn~t the presence, use, disposal, storage, or release of any HRTRrdous Substances on or in the Property. You sl~all not do, nor allow anyone else to do, anything affecting the Property that is in violation of any EnvironmenL~l Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of H~7RrdoL~s Substances in quantities that are generally recognized to be appropriate to normal residential uses and to ma~[enance of the Property. You shall promptly g~ve us written notice of any investigation, claim, demand, lawsuit or cm~er action by any governmental or regulatory agency or private party involving the Property and any HRTRrdous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified by any governn/(~.~/t or regulatory authority, that any removal or other remediation of any H~r-/Rrdous.Substance affecting the Property s necessary, you shall promptly take all necessary remedial actions in accordance with Environmental L[~w As used in this Mortgage, "HRTRrdous Substances" are those substances defined as toxic or hR7Rrdou.~ substances by Environmental J_aw and the following substances: gasoline, kerosene, other flammable or to~:~c petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or forrna~]unyde, and radioactive materials. As used in this Mortgage, "Environmental Law" means federal laws and laws of tr)e jurisdiction where the Property is located that relate to health, safety or environmental protection. 17. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement or this Mortgage is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation in connection with the Agreement; or (3) you take any action or fail to take any action that adversely affects our security for the Agreement or any right we have in the Property. If a default occurs (other than under paragraph 14 hereof, unless applicable law provides otherwise), we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in tl~e notice may result in acceleration of the sums secured by this Mortgage and sale of the Property. 'The notice shall further inform you of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense you may have to acceleration and sale. If the default is not cured on or before the date specified in the notice, we, at our option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. We shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees as permitted by applicable law, but not to exceed 20% of the amount decreed for principal and interest (which fees shall be allowed and paid as a part of the decree of judgment), and costs of documentary evidence, abstracts and title reports. If we invoke the power of sale, we will give notice of intent to foreclose to you and to the person in possession of the Property, if different, in accordance with applicable law. We will give notice of the sale to you in the manner provide in paragraph 12. We will publish the r)otice of sale, and the Property will be sold in the manner prescribed by applicable law. We or our designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Mortgage; and (c) any excess to the person or persons legally entitled to it. 18. .Discontinuance of ~=nforcement. Notwithstandin9 our acceleration of the sums secured by this Mortgage under the provisions of Section 17, we may, ~n our sole discrotion and upon such conditions as we in our sole discretion determine, discontinue any proceedings begun to enforce, the terms of this Mortgage. 19. Release. Upon your request and payment of all su~3~s secured by this Mortgage, we shall release this Mortgage without charge to you. You will be responsible for all ousts of recording such release. WY£CMT Page 5 of 7 20. Additional Charges. You agree to pay reasonable c~arges as allowed by law in connection with the servicing of this loan including, without limitation, the costs of obtaini~L~ tax searches and subordinations. Provided however, that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by us to perform any such act, or to execute or conse~l to any such transaction or matter, except a release of the Mortgage upon full repayment of all sums secured thereby 21. Waiver. You hereby release and waive all rights un(]er and by virtue of the homestead exemption laws of Wyoming. No waiver by us at any time of any term, provis~o~ or covenant contained in this Mortgage or in the Agreement secured hereby shell be deemed to be or construed as a waiver of any other term, prowsion or covenant or of the same term, provision or covenant at any other time 22. Riders to ~his Mortgage. If one or more riders are executed by you and recorded together with this Mortgage, the covenants and agreements of each such rider shall ue ncorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s) were part of this Mortgage. ~ Condominium Rider ~-~ Planned Unit Development Rider 1-4 Famdy Rider Otherls) WYJ.CMT Page 6 of 7 0i O ,.2. .BY SIGNING .BELOW, You accept and agree to the terms and covenants contained in this Deed of Trust and in any rider(s) executed by you and recorded with it. Signed, sealed and delivered in the presence of: ~ /-., ....~ Witness: ~ ,. (Seal) AViD BUCHbLZ ) (Seal) (Seal) (Seal) (Seal) (Seal) STA-FE OF WYO.M, ING, _. / ) ) COUNTY OF ~J IVCOL.AJ ) SS: WYLCMT Page? of 7 IPARCEL i~ENTIFi~TION NUMBER: 37t 821340402300 ! I.~GAL DESCRI PTI O bi LOT 35. REER SI JltDIVISION ~ SHOWN B Y Ti-IE OFFICIAI. }JLA 1' '[11EREOF RECORD~.D EE-PT~IVIBER I, 1955INTHE OFFICE OF TIIERECORDER O} LINC<-)LN COLIN2~, WYOMING, AND t:I:E1NG PART OF T'xtE NORTI~IHALF OF TJaE SOUTI:EEAS l Qt_~A R TER (NI/2SEI/4) OF SECTION 20, TOYVN'SHIP 3'7 NORTH, RANGE 118 W'.ES~T DF 'I~i-J.E ~.~XTH PI,ii NCIPA L MF. JU~/AN. This property is or will be improved by a one ortwo family dx~ cllirm.