HomeMy WebLinkAbout9055010892
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This document prepared by:
GOURAV JAIN
(Name)
Citibank
P.O. Box 790017~ MS 221
St. Louis~ MO 63179
(Address)
RECEIVED 12/27/2004 at 2:03 PM
RECEIVING # 905501
BOOK: 57,'-; PAGE: 891
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
THIS MORTGAGE is made this 12/03/2004 between the Mortga?r. ~, ..X I)E PEAVLER and TERESA
PEAVLER, HUSBAND AND WIFE (herein "Mortgagor"), and thc .x h~rtTagee, CITIBANK FEDERAL
SAVINGS BANK, a corporation organized and existing under thc hm~ ~l' the United States, which has a home
office of 11800 Spectrum Center Drive, Reston, VA 22090 (herein '1 cndcr"). The "Borrower" means the
individual(s) who has(ye) signed the Fixed Rate Home Equity Loan N,,tc (thc "Note") of even date herewith and in
connection with this Mortgage.
WHEREAS, Borrower is indebted to Lender in the princip:d stun oF U.S. $35~000.00, which indebtedness
is evidenced by Borrower's note dated 12/03/2004 and extensions and renewals thereof (herein "Note"), providing
for monthly installments of principal and interest, with the balance t~l' imtchtcdness, if not sooner paid, due and
payable on 12/08/2024;
TO SECURE to Lender the repayment of the indebtedness evidenccJ hx thc Note, with interest thereon; the
payment of all other sums, with interest thereon, advanced in accor&tncc herewith to protect the security of this
Mortgage; and the performance of the covenants and agreements oryx h,rtgagor herein contained, Mortgagor does
hereby mortgage, grant and convey to Lender, together with the Staluh)r.x power of sale, the following described
property located in the County of LINCOLN, State of Wyoming:
SEE ATTACHED LEGAL DESCRII'TION
which has the address of 885 HARMONY CREEK ROAD~ AFTON, \VY 83110 (herein, "Property Address");
TOGETHER with all the improvements now or hereafter erected on ;he propel-ty, an all easements, rights,
appurtenances and rents all of which shall be deemed to be and rem:~i~l ~ part of the property covered by this
Mortgage; and all of the foregoing, together with said property (or thc lcasd~old estate if this Mortgage is on a
leasehold) are hereinafter referred to as the "Property."
Mortgagor covenants that Mortgagor is lawfully seized of the estate h,:rcb3 Colweyed and has the right to mortgage,
grant and convey the Properly, and that the Property is unencumberc& c× copt for encumbrances of record.
Mortgagor covenants that Mortgagor warrants and will defend gener:tlh thc title to the Property against all claims
and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Mortga?r :md Lender covenant and agree as follows:
1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall I~ t}mptly pay when due the principal and
interest indebtedness evidenced by the Note and late charges as pi'ox idcd in thc Note.
NBS-F-SI-702-WY
PEA\~'-~
,
, Record and Return To:
; Integrated Loan Services
27 In~ood Road
1 of 6 Revised 03/17/2004
~ ACAPS: 10~ ' ~"~000
Mortgage, continued
089
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2. APPLICATION OF PAYMENTS. Unlcs:~ :~l~plicable law provicles otherwise, all payments received by Lender
shall be applied by Lender in any order it cht,~,,cs
3. PRIOR MORTGAGES AND DEEDS ()F I k I!ST: CHARGES; LIENS. Mortgagor shall perform all of
Mortgagor's obligations under any mortgage, dc~.d of trust or other security agreement with a lien which has priority
over this Mortgage, including Mortgagor's c~x c~ants to make payments when due. Mortgagor shall pay or cause to
be paid all taxes, assessments and other ch',n'?~. ISnes and impositions attributable to the Property which may attain
a priority over this Mortgage, and leasehold p',v~ mcnts or ground rents, if any.
4. HAZARD INSURANCE. Mortgagor shall I.~.cp the knprovement now existing or hereafter erected on the
Property insured against loss by fire, hazards i~cluded within the term "extended coverage," and such other hazard
as Lender may require and in such amounts a~d l't~r such periods as Lender may require.
The insurance carrier providing il~c in>tmmce shall be chosen by Mortgagor subject to approval by Lender;
provided, that such approval shall not be mn'ca:,,,m~bly withheld. All insurance policies and renewals thereof shall
be in a form acceptable to Lender and shalI include a standard mortgage clause in favor of and in a form acceptable
to Lender. Lender shall have the right to hold ll~,: policies and renewals thereof, subject to the terms of any
mortgage, deed of trust or other security agrccm,'m with a lien which has priority over this Mortgage.
In the event of loss, Mortgagor shall ~tx c prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by ~ 1,,~ ~gagor.
If Property is abandoned by M ortgag,,r, or if Mortgagor fails to respond to Lender within 30 days from the
date notice is mailed by Lender to Mortga?r Ih:ti the insurance carrier offers to settle a claim for insurance benefits,
Lender is authorized to collect and apply thc inductance proceeds at Lender's option either to restoration or repak of
the Properly or to the sums secured by this Nlt,~tgage.
5. PRESERVATION AND MAINTENAN(.'I ~1" PROPERTY: I,EASEHOLDS; CONDOMINIUMS; PLANNED
UNIT DEVELOPMENTS. Mortgagor shall l~ccp the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property ;m,t 4~all comply with the provisions of any lease if this Mortgage is on
a leasehold. If this Mortgage is on a unit in a c~,ndominium or a planned unit development, Mortgagor shall perform
all of Mortgagor's obligations under the clcclar:~l i,,n or covenants creating or governing the condominium or planned
unit development, the by-laws and regulation,; ~I' the condominium or planned unit development, and constituent
documents.
6. PROTECTION OF LENDER'S SECURI'I 'F If Mortgagor fails to perform the covenants and agreements
contained in this Mortgage, or if any action t~r i',mceeding is commenced which materially affects Lender's interest
in the Property, then Lender, at Lender's opti{,~, upon notice to Mortgagor, may make such appearances, disburse
such sums, including reasonable attorneys' l'c,:< :md take such action as is necessary to protect Lender's interest. If
Lender required mortgage insurance as a c~m~titi~n of making the loan secured by this Mortgage, Mortgagor shall
pay the premiums required to maintain such i~sm'ance in effect until such time as the requirement for such insurance
terminates in accordance with Mortgagor's :md l.cnder's written agreement or applicable law.
Any amounts disbursed by Lender ?t~.,uant to this paragraph 6, with interest thereon, at the Note rate, shall
become additional indebtedness of Mortgag~,r :4ccured by this Mortgage. Unless Mortgagor and Lender agree to
other terms of payment, such amounts shall/,c l,~tyable upon notice fi'om Lender to Mortgagor requesting payment
thereof. Nothing contained in this paragraph (, '-hall require Lender to incur any expense or take any action
hereunder.
7. INSPECTION. Lender may make or cau~4c h, be made reasonable entries upon and inspections of the Property,
provided that Lender shall give Mortgagor nc,I icc prior to any such inspection specifying reasonable cause therefor
related to Lender's interest in the Prope~xy.
PEAVLER ACAPS:
Mortgage, continued
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8. CONDEMNATION. The proceeds of any award or claim for d~,,ut,_,cs, direct or consequential, in connection
with any condemnation or other taking of the property, or part therc,,l'. 't~r for conveyance in lieu of condemnation,
are hereby assigned and shall be paid to Lender, subject to the term~ ,,l' :my mortgage, deed of trust or other security
agreement with a lien which has priority over this Mortgage.
9. MORTGAGOR NOT RELEASED; FORBEARANCE BY LI!NI )1 'R NOT A WAIVER. Extension of the time
for payment or modification of amortization of the sums secured by tl~i ~ Mortgage granted by Lender to any
successor in interest of Mortgagor shall not operate to release, in an,. re:tuner, the liability of the original Mortgagor
and Mortgagor's successors in interest. Lender shall not be require~i t~, ctmm~ence proceedings against such
successor or refuse to extend time for payment or otherwise modil\ :~nortization of the sums secured by this
Mortgage by reason of any demand made by the original Mortgagt;r ',tn d M ortgagor's successors in interest. Any
forbearance by Lender in exercising any right or remedy hereunder. ~}r ~therwise afforded by applicable law, shall
not be a waiver of or preclude the exercise of any such right or remcdx.
10. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVI t< \1. I.IABILITY; CO-SIGNERS. The
covenants and agreements herein contained shall bind, and the right~ hereunder shall inure to, the respective
successors and assigns of Lender and Mortgagor, subject to the prox ~q,ms of paragraph 15 hereof. All covenants
and agreements of Mortgagor shall be joint and several. Any Mortm~,_,or who co-signs this Mortgage, but does not
execute the Note, (a) is co-signing this Mortgage only to mortgage.-~,~i~m and convey that Mortgagor's interest in the
Property to Lender under the terms of this Mortgage, (b) is not pers{,tmlh liable on the Note or under this Mortgage,
and (c) agrees that Lender and any other Mortgagor hereunder may :~.~ rc~. to extend, modify, forbear, or make any
other accommodations with regard to the terms of this Mortgage or tl~c Note without that Mortgagor's consent and
without releasing that Mortgagor or modifying this Mortgage as to tlmt Mt)rtgagor's interest in the Property.
1 1. NOTICE. Except for any notice required under applicable law t,~ bc ~ix, en in another manner, (a) any notice to
Mortgagor provided for in this Mortgage shall be given by deliverinu i~ ,)~Tby mailing such notice by fh'st-class
postage paid, addressed to Mortgagor at the Property Address or at .s'uch t~thcr address as Mortgagor may designate
by notice to Lender as provided herein, and (b) any notice to Lender ~lmll be given by certified mail to Lender's
address stated herein or to such other address as Lender may designmc by. notice to Mortgagor as provided herein.
Any notice provided for in this Mortgage shall be deemed to have bccn ~ivcn to Mortgagor or Lender when given in
the manner designated herein.
12. GOVERNING LAW; SEVERABILITY. The state and local lau~ '~tpplicable to this Mortgage shall be the laws
of California except where pre-empted or allowed by Federal law~ in u h i cl~ case Federal law will apply, except to
the extent that the procedural laws of the state where the Property is I(watod are applicable and not pre-empted by
Federal law. In the event that any provision or clause of this Mortm~c ,~r t}~c Note conflicts with applicable law,
such conflict shall not affect other provisions of this Mortgage or t~c' Nolo which can be given effect without the
conflicting provision, and to this end the provisions of this Mortgage ~nd the Note are declared to be severable. As
used herein, "costs," "expenses," and "attorneys' fees'' include all sums t,, the extent not prohibited by applicable law
or limited herein.
13. MORTGAGOR'S COPY. Mortgagor shall be fumished a confi~rmcd copy of the Note and of this Mortgage at
the time of execution or after recordation hereof. '
14. REHABILITATION LOAN AGRRF. MENT. Mortgagor shall l'ull~ !1 all of Mortgagor's obligations under any
home rehabilitation, improvement, repair, or other loan agreement x~h i c'h Mortgagor enters into with Lender.
Lender, at Lender's option, may require Mortgagor to execute and dclix cr to l.ender, in a form acceptable to Lender,
an assignment of any rights, claims or defenses which Mortgagor max. h:txc against parties who supply labor,
materials or services in connection with improvements made to the
NBS-F-SI-702-WY 3 of 6
PEAVLER
Revised 03/17/2004
ACAPS: 104102910508000
Mortgage, continued
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15. DUE ON TRANSFER PROVISION - TRANSFER OF THE I'l<l )I'I!RTY. If all or any part of the Property or
any interest in it is sold or transferred (or ifa beneficial interest in Nl,}FtTagor is sold or transferred and Mortgagor is
not a natural person) without Lender's prior written consent, Lender m:Lx, at Lender's option, require immediate
payment in full of all sums secured by this Mortgage. However, l.c~Jcr shall not exercise this option if the exercise
is prohibited by applicable law as of the date of this Mortgage. lf l ,'ndcr cxercises this option, Lender shall give
Mortgagor notice of acceleration. The notice shall provide a period ,iF m~t less than 30 days from the date the notice
is delivered or mailed within which Mortgagor must pay all sums sccul-cd by this Mortgage. If these sums are not
paid prior to the expiration of this period, Lender may invoke an3.' rcm cd its permit'ted by this Mortgage without
further notice or demand on Mortgagor.
NON-UNIFORM COVENANTS.
Mortgagor and l.cndcF Further covenant and agree as follows:
16. ACCELERATION: REMEDIES. EXCEPT AS PROVIDEI)IN I'AI(AGRAPH 15 HEREOF, UPON
MORTGAGOR'S BREACH OF ANY COVENANT OR AGRE g tX ll. N I' O F MORTGAGOR IN THIS
MORTGAGE, INCLUDING THE COVENANTS TO PAY WHEN I)1Jll ANY SUMS SECURED BY THIS
MORTGAGE, LENDER PRIOR TO ACCELERATION SHALl_. (il VI. NOTICE TO MORTGAGOR AS
PROVIDED IN PARAGRAPH 11 HEREOF SPECIFYING: (1) TI 11. 1~ R I--.ACH; (2) THE ACTION REQUIRED
TO CURE SUCH BREACH; (3) A DATE, NOT LESS THAN 10 l).\h'S FROM THE DATE THE NOTICE IS
MAILED TO MORTGAGOR, BY WHICH SUCH BREACH Mt I~1 l~li CURED; AND (4) THAT FAILURE TO
CURE SUCH BREACH ON OR BEFORE THE DATE SPECIFI t:~1 ~ 1N TI 1E NOTICE MAY RESULT IN
ACCELERATION OF THE SUMS SECURED BY THIS MORTG \ (il!. FO fLECLOSURE BY JUDICIAL
PROCEEDING OR BY ADVERTISEMENT, EXERCISE OF TI 111 1'( )\VI-.'R OF SALE, AND SALE OF THE
PROPERTY. THE NOTICE SHALL FURTHER INFORM MO R'I (;.\ (it.)N OF THE RIGHT TO REINSTATE
AFTER ACCELERATION AND THE RIGHT TO ASSERT 1N 'l'111 I:t)Y, ECLOSURE PROCEEDING THE
NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSI ~ 51' .MORTGAGOR TO ACCELERATION
AND FORECLOSURE. IF THE BREACH IS NOT CURED ON ()l~ BIiFORE THE DATE SPECIFIED IN THE
NOTICE, LENDER, AT LENDER'S OPTION, MAY DECLARE .\ I 1. OF THE SUMS SECURED BY THIS
MORTGAGE TO BE IMMEDIATELY DUE AND PAYABLE \VI 11 l()kJ"l' FURTHER DEMAND AND MAY
FORECLOSE THIS MORTGAGE BY JUDICIAL PROCEEDING { )1~ IIY ADVERTISEMENT AND EXERCISE
OF THE POWER OF SALE. LENDER SHALL BE ENTITLED '1( ) ('()I~LECT IN SUCH PROCEEDING ALL
EXPENSES OF FORECLOSURE, INCLUDING, BUT NOT ClMll I ! ) TO, ILEASONABLE ATTORNEYS' FEES
AND COSTS OF DOCUMENTARY EVIDENCE, ABSTRACTS .\ N l) TITLE REPORTS.
17. MORTGAGOR'S RIGHT TO REINSTATE. Notwithstanding Icnder's acceleration of the sums secured by
this Mortgage due to Mortgagor's breach, Mortgagor shall have the, i,_,hl ti> have any proceedings begun by Lender
to enforce this Mortgage discontinued at any time prior to entry oF a itldgmcnt enforcing this Mortgage if: (a)
Mortgagor pays Lender all sums which would be then due under th i~ N l~rtgage and the Note had no acceleration
occurred; (b) Mortgagor cures all breaches of any other covenants ~' :?cements of Mortgagor contained in this
Mortgage; (c) Mortgagor pays all reasonable expenses incurred by I.cltdcr in enforcing the covenants and
agreements of Mortgagor contained in this Mortgage, and in enforcm?. I.cnder's remedies as provided in paragraph
16 hereof, including, but not limited to~ reasonable attorneys' fee: :,~d {d) Mortgagor takes such action as Lender
may reasonably require to assure that the lien of this Mortgage, Lcn&,~"s i,terest in the Property and Mortgagor's
obligation to pay the sums secured by this Mortgage shall continue .~it,paired. Upon such payment and cure by
Mortgagor, this Mortgage and the obligations secured hereby shall rc,~ain in Full force and effect as if no
acceleration occurred.
NBS-F-SI-702-WY 4 of 6 Revised 03/17/2004
PEAVLER ACAPS: 104102910508000
Mortgage, continued
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18. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVEI4..,\:~ additional security hereunder, Mortgagor
hereby assigns to Lender the rents of the Property, provided that M~,~'t!la?r shall, prior to acceleration under
paragraph 16 hereof or abandonment of the Property, have the ri~,h~ t. c~dlcct and retain such rents as they become
due and payable.
Upon acceleration under paragraph 16 hereof or abandonm c~l oI' the Property, Lender shall be entitled to
have a receiver appointed by a court to enter upon, take possession ~,t' ~md manage the Property and to collect the
rents of the Property including those past due. All rents collected b~ ibc receiver shall be applied first to payment of
the costs of management of the Property and collection of rents, inchMing, but not limited to, receiver's fees,
premiums on receiver's bonds and reasonable attorneys' fees, and thc~ ~. d~e sums secured by this Mortgage. The
receiver shall be liable to account only for those rents actually rece~x cd.
19. RELEASE. Upon payment of all sums secured by this Mortga~_2c ;md all fees due Lender, Lender shall release
this Mortgage to Mortgagor. Lender may charge a fee for preparmi.~ t,I' aW statement of obligation and for
preparing release documentation up to the maximum allowed by Fcdc~-al or California law, whichever is greater.
Mortgagor shall pay all costs of recordation, if any.
20. WAIVER OF HOMESTEAD AND REDEMPTION. Mortga?r hereby releases and waives all right under and
by virtue of the homestead exemption laws of Wyoming, the equit.x ~,t' t'cdcmption and statutory right of redemption
in and to the Property.
21. ONE MORTGAGOR. If there is only one person executing this .',h~rtgage, such person represents that he or she
is [] single or [] married. [Check one as applicable].
NBS-F-SI-702-WY 5 of 6
PEAVLER
Revised 03/17/2004
ACAPS: 104102910508000
Mortgage, continued
c bank*
REQUEST FOR NOTICE O I: 1) E FA U LT
AND FORECLOSURE UN D I:~ I{ 5, I; I' 1.'. RI OR
MORTGAGES OR DEEDS { }1.' TI,rUST
Mortgagor and Lender request the holder of any mortgage, deed ol'lrttst t~t- other encumbrance with a lien which has
priority over this Mortgage to give Notice to Lender, at Lender's a&h ess set forth on page one of this Mortgage, of
any default under the superior encumbrance and of any sale or other fi~ cclosure action.
IN WITNESS WHEREOF, Mortgagor has executed this Mortgage.
12/03/2004 12/03/2004
Mortgagor:'~7'A~-DE PEAVLER Mortu',ts!or: TERESA PEAVLER
l'~Married [ ] Unmarried [t~l:;r,'icd [ ] Unmarried
Mortgagor: Mortg~t?r:
[ ] Married [ ] Unmarried [ I .blare'lcd [ ] Unmarried
[ ] Married [ ] Unmarried [ I Mar,'icd [ I Unmarried
STATE OF WYOMING, COUNTY OF LINCOLN SS:
The foregoing instrument was acknowledged before me this 12/03/21}I~4 by WADE PEAVLER and TERESA
PEAVLER.
~J~~~Notary Public [Signature]
(Space Below This Line Reserved For Icndcr and Recorder)
WHEN RECORDED RETURN TO:
INTEGRATED LOAN SERVICES
27 INWOOD ROAD
ROCKY HILL, CT 06067
ILS #
NBS-F-SI-702-WY
PEAVLER
6 of 6
Revised 03/17/2004
ACAPS: 104102910508000
.Schedule A
THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNq-Y, STATE OF WYOMING,
HEREBY RELEASING AND WAITING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD
EXEMPTION LAWS OF THE STATE, TO-WIT:
A TRACT OF LAND LOCATED IN THE SEI/4NEI/4, SECTION 29, T:::!I4. R119W, 6TH PM,
LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCf~IBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SEI/4NEI/4, WHERE IS FOUND A BLM-TYPE
BRASS CAP SET AND INSCRIBED BY PE & LS 698; THENCE S89'db'42"W, 324.43 FEET
ALONG THE, SOUTH LINE OF SAID SEI/4NEII4; THENCE N37°47'11'W, 683.23 FEET TO A
POINT ON THE CENTERLINE OF THE EXISTING ROAD, WHICH LIES ON A HORIZONTAL
CIRCULAR CURVE SOUTHEASTERLY, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE
OF 49°31'50'', AND A RADIAL BEARING TO THE RADIUS OF S06°15'00"W;THENCE ALONG
SAID CENTERLINE AND CURVE FOR AN ARC DISTANCE OF 108.06 FEET;THENCE CONTINUING
ALONG SAID CENTERLINE THROUGH THE FOLLOWING COURSES AND DISTANCES;THENCE
S34°13'10"E, 67.48 FEET TO A POINT ON A HORIZONTAL CIRCULAR CURVE SOUTHEASTERLY
HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 51 °19'03", AND A RADIAL
BEARING TO THE RADIUS OF N55°46'50"E;THENCE ALONG SAID CURVE FOR AN ARC
DISTANCE OF 179.13 FEET TO A POINT;THENCE S 85" 32' 13" E, 76~00 FEET TO A
POINT;THENCE N 82° 37' 26" E, 134.44 FEET TO A POINT;THENCE N 69° 17' 21" E,
95.45 FEET TO A POINT;THENCE N 77° 29' 27" E, 113.29 FEET TO A POINT OF
HORIZONTAL CIRCULAR CURVE SOUTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, A
CENTRAL ANGLE OF 28°49'45'', AND A RADIAL BEARING TO THE RADIUS OF 12° 30' 33"
E;THENCE ALONG SAID CURVE FOR AN ARC DISTANCE OF 50.32 FEET TO A POINT ON THE
EAST LINE OF SAID SEI/4NEI/4;THENCE S00°35'20"E, 636.91 FEET ALONG SAID EAST
LINE TO THE POINT OF BEGINNING.
THE PROPERTY IS CONVEYED WITH ALL RIGHTS, PRIVILEGES AND APPURTENANCES AND
SUBJECT TO ALL EASEMENTS, ENCROACHMENTS, RESTRICTIONS AND RESERVATIONS AS OF
RECORD MAY APPEAR.
TITLE HELD BY:WADE PEAVLER AND TERESA PEAVLER, HUSBAND AND WIFE AS TENANTS
BY THE ENTIRETIES