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HomeMy WebLinkAbout905269THIR MORTGAGE is given on ]~ECFJV. ED 12J14/2004 a~ ,1 41 PM RECEIVING # 9052(;9 BOOK: ~7'4 PAGE 822 JEANNE WAGNER LINCOLN COUNTY CLERK KEMMERER, WY OPEN-END MORTG AGE (Securing Fmure Adx antes) · December 23, 4 0051750256 The morr?gor is This murtgage is given to First Horizon Home whose address is 4.000 ~o.rizon Way, Xx~+ng, T~xaS 75063 In this Mortgage, Ihe terms "you", "yours" refer to the mortgagor~ ~,,~nd~ Corporation TI ~c tcnns "we", "us" and "our" refer to Pursuant m a Hume F_4uity Line of Credit Agreement and disclosure':, ,.!l~tlrr d}e Federal Truth-In l.endirlg Act dated the same date. as this Mortgage ("Agreement"), youmay Jucur indebted~ ~,.:, :, ih alnounts fluctuating from time to time up Iolhe MAX1MUMPRINCIPALSUMof I~OR~J i~DIIR ~a0U£nND TWO hn. lm31~lim s~ 00/21.1)0 Dollars (U.S. $ 44,200.00). The Agreement provides for lhe fixll debt, ifnot paid earlier, to bc i~,,~d by JANUARY ~, 20.25 You agree that Ihis Mortgage ~hall continue to secure all mares l~,,v, or hereafter advanced under the termq of the. Agreemen~ inaludin,go, without limitation, such sums IMt are advm ~,'[.[ I t~ y{m whether or not at the time l. he sums are advanced there is any principal sum outstanding under the Agreem~.~t! Thi.q Mortgage secures to ~: (a) Ihe repayment of Ihe debt ~x~,i~.~c~tl by the Agreement, with baerest, and ~ refinancing~, re_.i~wals, ~xtezlsions and moflificatic}ns oflhe Agreen~.~i th) thc payment ofal] olher sums, wilh inter~st, advanced under Fumagraph 7 of Ibis Mortgage to protect Ihe securi~x ~, ~ i I ii s Mortgage; and (c) Ihe performance of your £ovenant~ Audagr~.mlents under Ihis Mortgage and iheAgreement. I, ,? t[~is purpose and incnnsideralion oflhedebt, you do hereby mortgage, grant and convey to us and our successors m~d ~,~i~s Lhc property locatedkt l~-ixmo]m Counly, Wynming, to wit: WY ]~FJ DC FI-I~ C 113-04 1 of 6 Ft160271 0823 Which property has the. address of: 9-24 ~I~T,T.IJ"~ ~DI~--V~, ~I'1¢~, I~ZOY2LNP- 83118 "Proper~y Address". TOC~THER WITH all fire im~rrrovernems now or hereafter erecwc and fixtures now or hereafter a par~ of the property. All replace Mortgage. All of~he foregoing is referred ro in ~ Mo~gage as tl~, property, and all ~'~.~rnents, appnnenan~s, :,~d additions ,~hall also be covered by ~ YOU COVENANT that yon are hwfnlly seized of the estate herebx ~, t~xc x c d and have the right to grant and convey the Property and that Ire Property is unencumbered, except for encu~ ,~ ,,,,~ z~ of record. Yon warrant and will defend generally Ibc title to ]the Property again,qt all claims and demand% .~t~, :t t{~ any encumbrances of record. YOU AND WE covenant and agrt~ as £ollows: 1. Payment al'Principal, Interest and Other Charges. You ahall ,. x,, I~cn due Me principal and interest owing nnder I1~ Agrl~_meAlt and all other charges tine nnder the Agreement. 2. Paymentg of Tox~ and Insurance. You will pay, when d~, al/ t:~x[rs, assessments, leasehold payments or gronnd rent,q (ffany), and hazard insurance onlhe Property and mortgage i~ ;t~cc (if any). 3. Application of Payment~q. Unless applicable law provides otherx~ i >~. :tll payments received by us under iheAgreement and par%m'aph 1 may be applied by us first to interest and other ch:~r?::5 p%'able under the Agreement and then to ire iemaining principal balance nnder the Agreement, 4. Prior Mortgages; Charges; Liens. Yon .~hall perform all of yot~ , ,I ~1 i,~ations under any mortgage, deed of trust or other security instruments witha lien which has priority over this lgh~ rt 3,:tg c, including your covenants to make payments when du~. You ~qhall pay all Ia.xes, assessments, charges, fines a]qtl i l~qx }si tions attributable to the Property which may attain priority over this Mortgage or any advance under this Mortga? :[~,1 leasehold payment~ or ground rent.% if any. Upon our request, you .qhall promptly furni,~h to us all notices of al~,t~lllt~ to be paid under this paragraph and receipts evidencing any such paymemq yon make directly. Yon .qhall promptly discharge any lien (other than 2 lien disclosed t,, [~s in your application or in any title report we obtained) which has priority over lids Mortgage or any advance to b~. IlliitIC under the AgreemenI or Ihis Mortgage. 5. Hazard Insurance. Yon ~qhall keep ibc Property insured agai~,~ h~ss by fire, ha7nrds included within the term "extended coverage' and any other hazards, including floods or flood i ~,.:,, fi ~r which we require insurance. This in.qnrance .qhall be maintained in the amounm and for the periods itmt we require Y,,u ~l:ty choose any insurer reasonably acceptable tO uS. Insurancepolicies and r~wals ~hatl be acceptable to us and shall in< 1'~,1~' ;t st;mdard mortgage clause, ffwe reqaire, you ~hall tlrnmpfly give us all receipts of?id premiums and renewal not i, ~'{ ~Ll shall promptly notify the, insurer and IlS of any loss. We may make proof of loss if yon do not promptly do so. Insurance proceeds ~hall be applied to restore or repair Ire Propen) d;~ragcd, if restoration or repair is econnmically feasible and our security would not be lessened. Otherwise, insurm ~ ,~ i~ r, ~c cods shall be applied to sum s secured by Ikis Mortgage, whether or not then due, withany excess paid to yon. If x, ~ ;t b;mdt m the Property, or do not answer within 30 days our notice to yon ihat the insurer has offered to settle a claim, ti It'll ~,~, C may collect and use ~ proceeds to r~pair or restore lhe Property or to pay sum~ secured by this Mortgage, whc~l~,:; ,~r not fl~en due. The 30-day period will begin when notice is given. O 0.5174 02/5 t5 WY t:l~l DC FI-II-II C 03-04 2 of 6 FH6D272 Any application of proceeds to principal ,~hall not require ns to extel~d, ~ t~,~tponc the due date ofmnnthly payments. If we acquire the Property at a forced sale following your default, 5'~;~ ~i?ltt to any insurance proceeds resulting fram damage to the Property prior to the acquisition ~qhall pass to ns t~ ?. ~c. c×tcnt of the sums secured by this Mortgage immediately prior to the acquisition. 6. Preservation andMalntenancv of Property; Leaseholds. You sl ~,11 ;t~ ~f destroy, damage or substantially cham,e the Property, allow the Property to deteriorate, or cnmmit waste, ffthis M,,~t !,:t? c in on a leasehold, yon .qhall c.~mply withthe lease, ffyon acquire fee rifle to the Propen'y, theleasehold and fee titl:: ,,Ii:ill not merge unless we agree to the mergerin writing. 7. Protection of Our Rightgin the Property; Mortgage Insm'ance. I; ..~ ,~ f;til to perform the covenants and agreements cflntained in this Mortgage, or there is alegal proceeding that may sig~:;~,;~stly affect our rights inthe Property (snchasa proceeding in bankruptcy, probate, for condemnation or forfeiture or t~, ,~, f,,~'cc the laws or regulations), then we may do, and pay for, anything necessary to protect ~ Property's value and ~ ~ i;h t~ in the Property. 0ur actions may include paying any sum.q secured by a lien which has priority over this Mort?:;?~' ~)r any advance nnder the Agreement or Ibis Mortgage, appearing in court, paying reasonable attorney's fees, paying,, :~v sums which yon are required to pay nnder this Mortgage and entering on Ihe Prot:~rty to make repairs. We do :~ ,, i,;t ye to take any action we are permitted to take nnder lids paragraph. Ally amnnnts we pay under this paragraph Kb:ti! [,~',:t ~1~ additional debts yon owe ns and shall be secured by this Mortgage. These amounts .qhall bear inmrest from thc di~l}tlrscmcnt date at the rate estabhqhed nnder Ihe Agree, minX and .qhall be payable, with interest, upon oar request. If we require mortgage insurance as a cnndition of making the loan SCC'L~ ~'~d b)' tills Mortgage, yon shall pay Ibc premiums for such insurance until such time as the requirement for ihe insuran~'~, t,:nnil~tes. 8. Inspection. Wemay inspect the Property at any reasonable time :~ ,! ,t~tm reasonable notice. 9. Condemnation. The proceeds of any award for damages, tI~,.,'t ~)r consequential, in cnnnecfion with any cnndemnatinn or other taking of'any part oflhe Propm-ty, or for conve.x ;il t.:c i~l lieu of colademnation, are hereby aq~qi~tmed and .qhall be paid to ns. 10. You Are Not Released; Forbearance by Us Not a Waiver. [!',~ -~.,itm of time for payment or modification of amorti?ation of the sums secured by this Mortgage granted by ns to a~ ~). ,,: ,, ~ur successors ininmrest .qhall not operate to release your liability or the liability of your successors in interest. \% ,i ~:tlt l i¢)t be required to commence proceedinp%q ~ain~t any successorin interest, refuse to extend time for payment or t,l!:. :wikc modify amortization of the sum~ setmred by this Mortgage by reason ofany demand made by you or your succor:., ,t.. i~l interest. Om' forbearance in exercising any right or remedy ~hall not waive or preclude the exercise of any right, ~; ~.tttcdy. Il. ShOrt,ors and Ag.~iL2n~ Bonnd; Joint and Several Liability; C,,-Y;igners, The covenant~ and agreements of this Mortgage Shall bind and benefit your successors and pelxuit~d assigll.~ h', ,ttr cOVellanls and agreements shall bejoinlard several. Anyone who co-.qiLm,q this Mortgage but does not execute fl~c :\!, ~ ~.c-mcqit: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b~ i, ~,,t p~rsmmlly obligated to pay Ihe Agreement, but is obligated to pay all other sums secured by this Mortgage; and ~,~ :[?-ccs that we and anyone else who signs Ibis Mortgage may agree to extend,modify, forbear or make any acconnnt ~(!:~ i~,, i~s regarding the terms of this Morfgage or the Agreement without such person's consent. 12. Loan Charges. ffthe loan secured by this Mortgage is subject t~ :t ~:,x,, which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges col lt', t~. d ~' to be collected in connection wilh the loan exceed the permitted limits, then: (a) any such lnan charge ,qhall be red~,, ,i % thc a.mouni necessary to reduce the charge to the pemlitI~ limit; and (b) any sum.q alre~tdy collected fram yon whk I] ~.x c'red permitted timit~ will be refunded to you. We may choose to make this refund by reduckng the principal owed u l~, I~ ': t I lc Agreement or by making a direct payment io you. ff a refund retinas princilml, the reduction will be treated as a l~:~t t~:tl p r c payment withnut any prepayment charge nnder the Agreement. WY HELOC Flql-ll C 034)4 3 of 6 FH6D273 13. Notice. Unless otherwise required by law, any notice to you lO.. id~:d ft~r in this Mortgage .qhall be delivered or mailed by first crass mail to the Property Address or any other addrcs~ '~, )u designate by notice to us. Unless mherwLse required by law. any notice to us .qhall be given by first class mai! to, ,u~ .ddrcss stated above or any other address we d~signate by notice to you. 14. Governing Law; Severability. This Mortgage .qhall be governed h',. I~'dcrat law and,' except as preempted by federal law. by the law ofjurisdicfionin which Ire Property is located. In fl~c ~-,,, ~t tl~at any provision or cla. se of thi.q Mortgage or l. he Agreement cnnflicts wiI. h applicable law, such conflict .qhall ~,,,~ ,IIcct other provisions of Iris Mortgage or Ihe Agreement whic~ can be given effect without the conflicfi~ provisioll. 'l(, t l~i s ~nd the provisions of lifts Mortgage and l:he Agreement are decflared to be severable. 15. Transfer of the Property. ff all or any part of the Property or :,~,, l~tcrcst in it is sold or transferred without our prior wrilten consent, we may, at our option, require immediate pa3.n,~,~tt i~ full of all sums secured by this Mortgage. However, this option .qhall not be exercised by us ff exercise is prohibi ~., ! I ~:, f~ doral law as of Ihe date of itds Mortgage. 16. Sale of Agreement; C_han~e of I.~an ,Servicer. The Agreement ,: :, I,,rtial interest in the Agreement (together wkh this Mortgage) may be sold one or more times wilhout prior noti£c tt, ,,~ ~1 A sale may result in a change in the entity (known as ire "Loan Servicer") that collects monthly payments due ur, t~'i t l~C A g reelnent and this Mortgage. There also may be one or more changes of Ihe Loan Servicer unrelated to the sale ,, ~1 t[~ Agreement. If there is a change oflhe Loan Servicer, you will be given written notice of Ire change as required by :,[)[>li cab l~ law. The notice will state the name and address of Ihe new Loan Servicer and the address to which payments >},,.tllcl b~ made. The notice will also contain any information xequired by applicable law. 1'7. l-lazardolls $!!h~tanev,q. You lhall not cause or permit the pr~-~'~,cc, usc, disposal, storage, or release of any Ha?~qrdous Substances on or in the. Property. You .qhall not do, n~,' :tlh~w :myone else to do, anything affecting the Property that is in violation of any Environmental Law. Th~ preceding l',,~,, ~ SCl ttcnces shall not apply to ltte presence, use or storage ontbe Property of Ha?ardous Substances in quantities that ar~' ;,:,~cr',flly recogni~'ed to be appropriate to normal residential uses and to maintenance of l. he Property. Yon ,qhall promptly give us written notice of any investigation, cl;,.~, (lcmand, lawsuit or other acfion by any governmental or reLmlatory agency or private party involving Ire Prolk,~ t) ;ti ~d any Ha?ardous Sub,qt~nce or Envirnnmental Law of which yon haveacmalknowledge, ffyoulearn or are notified b, ,,t~ ~ vcrmnent . ,,. or regulatory authority, thatany ieXllOVal or other remediafion of any I-la?nrdous Substance affecting thc ]'i, ~i a' I-ty is necessary, you ,qhall promptly take all necessary remedial actions in accordance wilh Environmental Law. As used in Ikis Mortgage, "tqa~,~rdous Substances" are ltlose subst:th~ c:, (tcfined as toxic or ha?-qrdous substances by Environmental Law and the, following substances: gasoline, kerosene, ~}~1,~, ~ fl :u tunable or toxic pelzolemo produr:ts, ioxic pesticides and herbicides, volatile solvents, materials .containing asbe,~t{ ,~ t ,- fl~nnaldehyde, and radioactive materials. As used in ihis Mortgage, "Environmental Law" means federal laws m~l l;~x~'~ of file jurisdiction where the Property is located that ielate to health, ,qafety or envirnnmentat protection. 18. A cc~,leration; Remedies. You will be in default if el) any paym em r t'(l u ire tt by the Agreement is not made when it is due; (2) we discover that you have committed fraud or made :t ~,, erial misrepresentation; or 0) you take any action or fail to take any artion that adversely affects our securit3 l'.r the Agreement or any right we have in the Property. If a default occurs, we will give you notice specifying: (a~ Il ~c default; (b) the artion required to cure the default; (c) a date not less than 30 days from the date the notice is gix c. i. 3ou, by which the default m-~ be cured; and (d) that fail.re to cure the default on or before the date specific~l in 11 w notice may result in acceleration of the sums secured by ~tbi~ Mortgage, forecinsure by judicial proceediuz, ;..I s:de of the Property. The notice shall further inform you of any right to reinstate after acceleration and l I w i'i ght t o assert in any foreclosure proceeding Ire non.-~xi~once of a det~ault or any other defense you have to acc'~.lt, l'~ ti iO ll and foreclosure. If the default is not cured on or before the date specified in the notice, we at our opt iun ,il:t3 require immediate payment in full of all snm~ secured by thi~ Mortgage without further demand and may 1', ,'ct'lose this Mortgage by power of sale. 0 05'1 VA 0.25 6 WY I-IFJ.OC F~-IT .C 03-04 4 of 6 FH6D274 If weinvoke the POWER OFSAI.~., we will give notice of intent it, ~,,,'cclose to you and to the personin possession oftheProperty, if different, in accordance with applicnhlelaw. XVt i/ill give notice of ther~leto yonin the mannor provided in paragraph 13. We will publish the notice of sale. ;,,1 the Property will be sold in the manner prescribed byapplicahle law. We or our designee may purchase th,. I','tq)erty at anysale. The proceeds of ther, ale ghall be applied in the following order: (a) to all expenses of thc ~:tlc. including, but not limited to, reasonable attorneys' fees; (b) to alls,,m~secured bythi~Mortgage; and (c) an.; excess to the person or personslegalty entitled to it. 19. ,qati~fa~ion. Upon your request and payment of all snm~ secul ~',1 ~,x ids Mortgage, we ,qhall cause the entry of .qatisfactionto be made ~rpon the records of this Mongage Youshall :ti] costs and fees forentedng the salis 'faction upon Ihe records of thi~ Mortgage. 20. RiderstothigMnzlgage. If one or mare riders are execmed b5 :,, :~]~cl rccorded together wilh this Mortgage, ihe covenants and agrt~ement~q of each such rider ,qhall be incorporated int. :tJ t,l ~t t~tll mnend and supplement I1~ covenantsarld agr~ementa of this Mortgage as if lite rider(s) were part of this Mort ? [] Condnminium .Rider ]-']1-4 Family Rider [-]Planned Unit Development Rider WI ot~(s) (specie) 21. Waiver of Homeste~ Exemption. You are hereby releasing ;,,I u ;tiring 'all rights under and by virtue of the homestead exemption laws of the State of Wyomingin the Propert.;. ~. m' waiver means that we may exerdse all of mir rights under thi~ Sec-rity ln~.rtm~ent. Request for Nativ~ of Default m,I I..reclosure Under Superior Mortgages or l)~.ct 1~ t,l' Trust I(We) and 1 ~.nder ~:eqnes~ the tmlder ofany mortgage, deed oftrnst, t~cr cncumbram'e witha lien which has priority over ihis Security Insl~,ment to give notice to J2llder, at Lc~l:.r '~ ,ddress set forth on page one of this Secnrity/nstmment, of any default under the superior ~ncnmhrancc ~ d ~, ',my sale or other foreclosure action. O D517~ D~.5 6 ~ tq~.I DC Fl[hUE 03-04 5 of 6 FH6D275 BY SIGNING BELOW, yon accept and agree to the term~ and cove ,,,,t~ contained in T. his Mortgage and any rider(s) execnted by yon and recorded wi_th it. ~ ~ 12ROOK ,Mortgagor ~CttAEL R CROOK , Mortgagor ,.Mortgagor , Mortgagor STATE OF WYOMING, The foregning .im~,ment was acknnwledged~re me this by ATM~ar~. ~. IlROOK & ~If'W~tEL R/~OOK / WITNESS my hand ~ offir.'~seal. My CnmmLqsioI1 ~ COLllll x SS: This ]nStln,mant Was Prepared By: I~IRR~ HO1LT~ON COILP0tLAT~C~N 3X;D:; ~..~k~T 0V]gl~T,&N:D DP,_TI~ Recording Pie. am Return To: 21__555 W. ~ 2KILL 2LN. ~2D0 I~iC 6712 IRV3_N~, ~ 7503B D D5174 D25 6 WY ~ DC FPIHLC 034)4 6 of 6 FH6D276 ::- STATE OF IDAHO COUNTY OF BONNEVILLE SS. On December 13, 2004, before me, the undo-: uned, personally appeared Aimee E. Crook and Michael R. Crook, known or identi u,~ t,., me to be the person(s) whose name(s) is/are snbscribed to the within insrrum t :md acknowledged to me that he~she~they executed the same. ~xhihit "A" LoI 188 of Nardic Ranche.~ DivLsion No. 13, IJincol~ nfficial plat ~therer~f. Wyoming .as rle~qcribed rm RIDER TO THE DEED OF TRUST 1 MORTGAGE / SECURITY DEED 005171025 6 Dar=: // The escrow of taxes and insarance required in of your Dh-~.D 0 F qRlY ST/MORTGAGE/SECURITY DEED to a ~ corporafionis hereby waived :,~d u,u are notified Ihat yon are not reqnired to deposit with ~ra~ corporation any of the amonnts set l'~ltl~ in said paragraph. This waiver does not, in any way, xelease yon from yonr obligation to make escrow pa3'm:,ts of taxes 'and insurance, to the hairier of any txior mortgage, nr~r do~s it II'Jieve yon of yom obligation to t,.~-,:l~ taxes and insurance premlnn~ culr~llt with ]respect to the mortgaged property. All payment.q will be applied :first to the. accDmd interest and next t,, th~ unpaid principal of your loan. The exact amnnnt of yom: final paymenL finance charges, and total of pm. ~tt~qtts will be somewhat more or less than Ihe amnnntg shownif we do not receive each payment on the schedulc.,I luyntcnt date. RECYRJPT A Ck'-NOWI.F.D CnqD: Dine YmICIlAEL R 'CROOK t-IF.I .OC RIDER 40109 (8/96) Date AAA FH6D ~ · ~ (01/03)