HomeMy WebLinkAbout908167RECORD AND RETURN TO:
CENTEX HOME EQUITY COMPANY,
P.O. BOX 199500, FINAL DOCS
Dallas, TX 75219
285402152
LLC
TItIS MORTGAGEismade this 18th
PATRICK W. COZIAH, AND
CINDY COZIAH, HUSBAND AND WIFE
, AS TENANTS BY THE ENTIRETY
t
CENTEX HOME EQUITY COMPANY, LLC
exi~g underthelawsof THE STATE OF DELAW~d~.E
2828 NORTH HARWOOD, DALLAS, TX 75201-1516
RECEIVED 5/4/2005 at 3:57 PM
RECEIVING # 908167
BOOK: 584 PAGE: 629
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, VVY
MORTGAGE
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $
indebtedness is evidenced by Borrower% note dated APRIT, 18, 2005
day of APRIL 2005
, between the Mortgalor,
(herein '"Borrower"), and the Mortg~
, a corporation organized
, whose addre
(herein "Lend
31,540.00 , w
lad
SS {$
aich
and extensions and rent.als
"7
thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, 'if not so!~ner
paid, due and payable on MAY 1, 2025 ;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; 'the payment (3f all
other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the pertbrman~e of
the covenants and agreements of Borrower herein contained, Borrower does hereby 'mortgage, grant and convey to Lender iwith
power of sale, the following described property located in the County of
State of Wyoming: LINCOLN '
All that tract or parcel of land as shown on Schedule "A" attached hereto
which is incorporated herein and made a part hereof.
which has the address of 216 WORTON LANE [S
AUBURN [City], Wyoming 8[~.i~3¢'~de] (herein "Prop~n-ty Addr ~ss");
TOGETHER with all the improvements now or hereaIter erected on the property, and all easements, rights, appunenanc, ls and
rents, all of which shall be deemed to be and reanain a part of the property covered by this Mortgage; and all of the Ibm [oirig,
together with said property (or the leasehold estate i.f this Mortgage is on a leasehold) m'e hereinaller retbrred to as the "Propl ~rty?
Borrower covenants that Bon'ower is lawfully seised of the estate hereby conveyed and has the right to mortgage, gra:xt and
convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenant~ that
Borrower warrants and will defend generally the title to the Properly against all claims and demands, subject to encumbra: ~es of
'record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as fbltows:
t. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebt,:dness
evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borlower shall pay 'to .ender
on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum ~erein
"Fends") equal to one-twelfth of the yearly t~xes and assessments (including condominium and ph'mned unit devel, ~ment
assessments, il' any) which may retain priority over this Mortgage and ground rents on the Property if any, plus one-twelfth of
yearly premium installments fbr hazard insurance, plus one-twelfth of yearly premium installments tbr mortgage insurance, ff any,
all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable es~ imates
thereof. Borrower shale not be obligaled to make such payments of Funds to Lender to the extent that Borrower make such
payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.
IwryOMING - SECOND MORTGAGE - 1t80 - FflMAJFNLMC UNIFORM INSTRUMENT
Page 1 ol 4
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If'Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which tire insure~
guaranteed by a federal or slate agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay ~aid
rexes, assessments, insurance premiums and ground rents. Lender may not charge tbr so holding and applying the Funds, analy~.ing
said account or verifying and compiling said asJessn~ents and bills, unless Lender pays Borrower interest on the Funds ~md
applicable law permits Lender to make such a charge. Borrower and L~'ncler may agree in writing at the time of execution of~is
Mortgage that 'interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires m. mh
interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give. to
Bon'ower, without charge, an annum accounting of the Funds showing credits and debits to the Funds and the purpose lbr which
each debit to the Funds was made. The Funds are pledged as additional security tbr the sums secured by this Mortgage.
If'the mnount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the idue
dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said 'taxes, assessme)~ts,
insurance premkrms and ground rents as they fail due, such excess shall be, at Borrower's option, either p,'omptly repai~l~ to
'Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be
sufficient to pay taxes, assessments, insurance premiums and ground rents as 'they fall due, Borrower shall pay to 'Lender iany
amount necessary to make np the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held. by
Lender. 'If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall appl~, no
later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the timb of'
application as a credit against the 'sums secured by this Mortgage.
3. Application of Payments. 'Unless applicable law provides otherwise, all payments received by Lender under the Notei~ and
paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by 'Borrower under paragj'aph
2 hereof, then to interest payable on the Note~ and then to the principal of the Note.
4, Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Bon'ower's obligations nude(any
mortgage, deed of 'trust or other security agreement with a lien which has priority over this Mortgage, including BorroWer%
covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, finesi~ and
impositions attributable to the Pro'petty which may attain a priority over this Mortgage, and leasehold payments m' grotmd reni's, it!
any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or here4dler erected on the Property insured
against loss by fire, hazards inck~ded within the term "extended coverages" and such other h~ards as Lender may require a~d in
such amounts and fbr such periods as 'Lender may require.
The insurance carrier providing the insurance shall be chosen by Bmxower subject Io approval by Lender; provided, that ~uch
approval shall not be unreasonably withheld. All 'insurance policies and renewals thereof shall, bo in a tbrm acceptable to L4nder
and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hol0 the
policies and renewals thereol~, subject to the terms of any mortgage, deed of trust or other secm-ity agreement with a lien whic~ has
priority over lhis 'Mortgage.
In the event of loss, Borrower shall give prompt notice 'to the insurance carrier and Lender. Lender ma'y 'make proof of I~ss it'
'not made promptly by Borrower.
If the Property is abandoned by Borrower, or it' Borrower fails to respond to Lender within 30 days from the date notCe is
mailed by Lender to Borrower that 'the insurance can-ier offers to settle a claim for insurance benefits, Lender is authorized to
collect and apply the insurance proceeds at Lender's option either to restoration or repair of'the Property or to the sums securOd by
this Mortgage.
6. Preservation and Maintenance of Property; LeasehOlds; Condominiums; Planned Unit Developments. Borrbwer
shall keep ihe Property in good repair and shall, not commit waste or 'pernfit impairment or detm'ioration of'the Property and !shall.
cmnpty with the prov~sions of.any lease if this Mortgage is on a leasehold. 'It' this Mortgage is on a unit in a condominiu:~ o,' a
planned unit development, Borrower shall perfbrm all of Borrower's obligations under the declaration or covenants creatifig or
governing the condominium or pi'armed unit development, th~ by-laws and regulationg of the condominium or plannedI unit
development, and constituent documents.
7~ Protection of Lender's Security. If Borrower thils to perform the covenants and agreements contained in this Mortgage,
or if any action or 'proceeding is commenced which materially affects Lender's int,'est in the Property, then Lender, at Le~er's
option, upon 'notice 'to Borrower, may make such appearances, disburse such sums, including reasonable slim'heys' fees, an4 take
such action as is necessary to protect Lender's interest. Il' Lender required mortgage insurance as a condition of making th~ loan
secured by this Mortgage, 'Borrower shall pay the premiums required to maintain such insurance in effect until such time tis the
requiremant 'for such insurance 'terminates in accordance with Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become addi[ional.
indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amCunts
shall be payable Upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this pttragraph 71 shall
require Lender tO incur any expense or take any action hereunder.
8. Inspection. Lender 'may make or cause to be made reasonable entries upon and inspections o£the Property, provide~l that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's int~est in
the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with. any
condemnation or other taking of the Property, or part thereot; or for conveyance in lieu o[ condemnation, are hereby assign~ and
shall be paid 'to Lender, subject to the terms of' any mortgage, deed of trust or other security agreement with a lien whit
priority over this Mortgage.
10. BorroWer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificat
amortization of the sums secured by this Mortgage granted by Lender to any successor 'in interest of Borrower shall not ope
release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be requi
commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interes-
[brbearance by Lender h~ exercising any 'tight or remedy hereunder, or otherwise attbrded by applicable law, shall not be a
of or preclude the exercise of any such right or remedy.
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285402152
1 1, Successors amd Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements he!'ein
contained shall bind, and the rights hereunder shall inm'e to, the respective successors and assigns of Lender and Ben,ewer, subject
to ~he provisions of paragraph 16 hereof'. All covenants and agreements of Borrower shall be joint and several. Any Borrower ~ho
co-signs this Mortgage, bat does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey ithat
Borrowers interest in the Properly 'to Lender onder the terms of this Mo~.tgage, (b) is not personally liable on the Note or urder
this Moagage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, lbrbear, or make iany
other accommodations with regard to the terms of'this Mortgage or the Note without that Borrower's consent and without releasing
that Borrower or modif~ying this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrdwer
providexl tbr in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower al
the Property Address or at such other address as Borrower may designate by notice to l,ender as provided herein, and (b)ianY
notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address ~ Lender may desighate
by notice to Borrower as provided herein. Any notice provided lbr in this Modgage shall be deemed to have been give~.~ to
Bon'ower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jm:isdicfidn in
· which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the e~enl
that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect 4[her
provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provis!ons
of this Mortgage and the Note are declared to be severable..As used hereirh "costs," "expenses" and "attorneys' fees" includb all
sums to the e~tent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a contbrmed copy of' the Note and of this Mortgage at the time of
execution Or afl:er recordation hereof'.
15. Rehabilitation Loan Agreement Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,
improvement, repair, or other loan agreement which Borrower enters into with Lender. Lende,., at Lender's option, may reciuire
Borrower to execute and deliver to Lender, 'in a form acceptable to Lender, an assignment of any rights, claims or defenses w~hich
Borrower may have against parties who supply labor, materials or services in connection with improvements made to the ?rop~'ty.
16. Transfer of the Property 0r a Beneficial Interest 'in Borrower. If all or any part of' the Property or any interest iai it is
sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower 'is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage.
However, this option shall not be e~ercised by Lender if exercise is prohibited by federal law as of the date
I f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of no! less
than 30 days t¥om ihe date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If
Borrower fails to pay these sums prior to the expirat:ion of tkis period, Lender may invoke any remedies permitted by! this
Mortgage without further notice or denmnd on Bet:rower.
NON-'UNIFORM COVENAJN'TS. Borrower and Lender further covenant and agree as .lbllows:
17. Acceleration; RemedieS. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenaft or
agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mo'triage,
Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the hr~ach;
(2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrrwer,
hy which such breach ~nust be cured; and (4) that failure to cure such breach on or before the date specified in the nbtice
may result in acceleration of the sums secured hy thh Mortgage. The notice shall further inform Borrower of the right; to
reinstate after acceleration and the right to bring a court action to assert the nonexistence of a defimlt or any other defense
of Borrower to acceleration and sale. If the breach is not cured .on or before the date specified in the notice, Lend~, at
Lender's option, ~nay declare all of the sums secured by this Mortgage to he immediately due and payable without further
demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall 'be entitled to
collec~ all reasonable easts and expenses incurred in pursuing the remedies provided in this paragraph 17, includingi but
not limited to, reasonable attorneys' fees.
If Lender invokes the power of'sale, Lender shall give notice of intent to foreclose to Borrower and to the persqn in
· possession of the Property, if different, in accordance with applicable law. Lender shall mail a copy of a 'notice of the sa~le to
Borrower in the manner provided 'in paragraph 12 hereof. 'Lender shall publish the notice of sale and the Property sh~ll be
sold in the manner prescribed by appllcahle taw. Lender or Lender's designee may purchase the Property at any saleI The
proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, inclu~ling,
but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured hy this Mortgage; ahd (c)
the excess, if any, to the person or persons legally entitled thereto.
18. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums secured by this Mortgage dBe to
Borrower's breach, Borrower shall have the fight to have any proceedings begun by Lender to enforce this Mortgage discontinued
at any time prior to tlie earlier to occur of (i) the ill'th day before sale oflhe Property pursuant to the power et' sale contained ih this
Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Bon'ower pays Lender all sums which would be theJ~ due
under this Mortgage and the Note had no acceleration occurred; (b) 'Borrower cures all breaches of any other covenm~ts, or
agreements of Bnrrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in en[brcir~g the
covenants and agreements of Borrower contained in this Mortgage, and in entbrcing Lender's remedies as provided in paragraph
17 hereof} including, but not limited to, reasonable attorneys' fees; trod (d) Borrower takes such action as Lender may reasonably
require to assure that the lien of this Mortgage, Lender's interest in the PrOperty and Bon'ower's obligation to pay the sums secured
by iris Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations s~ured
hereby shall remain in full fbme and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional secm'ity hereunder, Bot~t'ower
hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under'paragraph 17 herbof or
abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
UPon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time prior to tile expiration of' ~ny
period of redemption fbllowing judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to
enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rSntS
collected by Lender or the receiver shall be applied first to payment of the costs of management o[' the Property and collectior{ of
rems, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' t'ees, and then to
sums secured by this Mortgage. L~nder and the receiver shall be liable to account only fo'r those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender ahatl release this Mortgage without charg~ to
BorroWer. Borrower shall pay all costs of' recordation, il! any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property.
REQUEST FOR NOTICE OF DEFAULT
.... AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Bmrrower and Lender request the hold*q' of any mortgage, deed of'trust Or other encumbrance with a lien which has 'pri4rity
orca' this Mortgage to give Notice to Lender, at Lender's address set l'orth on page one of this Morlgage, of any default unde~ /.he
superior encumbrance and of any sate or other .~breclosure actiOn.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
(Seal)
~Bon'ow,*r PATRICK W. COZlAH
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seat)
-Borr0war
(goat)
-Bor~ower
[Xign Original Only]
ST^.TE w¥om, c, L/Nlc ¢.
The foregoing instrumem was acknowledged before me this
Ceil'lily
My Commission Expires:
Notary Public
006;: 3
Exhibit A
Legal Desciption:
The following described premises, to wit:
That part of the NWl/4 SEl/4 of Section 35, T33N, R119W, Lincoln County, Wyoming, being all
of that tract of record in the Office of the Clerk of Lincoln County in Book 244 of Photostatic
records of page 12 and part of that tract of record in the said Office in Book 263 of Photostatic_
Records on page 80, described as follows:
Beginning at a 3/8"x 12" steel spike on the west line of said NWl/4 SEI/4,'S00° -26.8' E 749.24
feet from the center one-quarter corner of said Section 35 found as described in that Certified
Land Corner Recordation Certificate filed in the said Office;
Thence N88° -57.5'E, 29.73 feet to the northwest corner of said tract of record in Book 244,
marked by a pipe;
Thence continuing N88° -57.5'E, 204.13 feet to the northeast corner of said tract of record in
Book 244, marked by a pipe;
Thence S00°-47.9' E, 299.89 feet to the southeast corner of said tract of record in Book 244,
marked by a pipe;
Thence continuing SOO° -47.9' E, 23.05 feet to a 3/8"x 12" steel spike on the south line of the
north thirty-two and one-half acres (32.5 acres) of the said NWl/4 SE1/4;
Thence S 89°~39.1'W, 235.83 feet along the said south line to an intersection with the west line
of said NWl/4 SE1/4;
Thence N 00° -26.8' W, 320.10 feet along the said west line to the spike of beginning.
BEING the same property conveyed to Patrick W. Coziah and Cindy Coziah by deed recorded
10/03/96 in Book 388PR, Page 822.
ParceiFrax I.D. Cf: 12-3319-35-4-00-006.00
Commonly known as: 216 Worton Lane, Auburn, WY 83111