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HomeMy WebLinkAbout90822600835 R ~. T~RN T/ NCB, ~CL~ BRECKSVILLE LOC$ ,~OCATOR 7120 P.O/ f 5570 ~VELAI~D, OH 44101 RECEIVED 5/9/2005 at 10:49 AM RECEIVING # 908226 BOOK: 584 PAGE: 835 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY t-~ ~t ~,~_1~ State .t' Wyomb,g Space Above Tiffs Lb, e For Recordh, g Data ~9~9 MORTGAGE ~ ~ ~ (Wi~ Furore Advance Clause) ~DATE A~ PARTES. The date of this Mortgage (Security Instrument) is lpril 29, 2005 and the m m ~ ~parties, their addresses and tax identification numbers, if required, are as follow;~ ............................................. MORTGAGOR: , KEVIN AZNOE ! ~ ~L~L ~ 163 TRAIL DR., ALPINE, Wyoming, 83128 [] If checked, refer to the attached Addendum incorporated herein, for additio~ml Mortgagors, their signatures and acknowledgmeuts. LENDER: NATIONAL CITY BANK CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property: The property is located in....b.i..n..c..o..1.n. ........................................................ at ................................................ (County) 163 TRAIL DR. ALPINE 83128 .................................................................................................................... , Wyonfing ....................... (Address) (City) (ZIP Code) Together with all rights, easemeuts, appurtenauces, royalties, ufineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time iu the future, be part of the real estate described above (all referred to as "Property"). MAX~IUM OBLIGATION LIB, lIT. The total principal amount secured by this Security Instrument at any one ti~ne shall not exceed $ ................... .4..1..,.3..3..0.....0.0. .................. This linfitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, tlfis limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instru~nent. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or oilier evidence of debt described below and all their extensions, renewals, modifications or substitutions. (You tttttst specifically identify the debt(s) secured and you should include the final maturity date of such debt(s).) Maturity Date: 4/29/2025 WYOMING - HOME EQUITY LINE OF CREDIT MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA USE) © 1994 Bank~r~ Systern$, Inc., St. Cloud, MN Form OCP-REMTG-WY 10/7/98 of,i) 008,:1o B. All future advauces fro]n Lender to Mortgagor or other future obligations of Mortgagor to Lender under any pronfissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrmnent whethe? or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security htstrument will secure all future advances and future obligatious that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part nuiy not yet be advanced. All future advances and other future obligations are secured as ii' nmde on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a conmfitment to make additional or future loans or advances in any amount. Any such coum~itment must be agreed to in a separate writing. C. All other obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not linfited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender lbr insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of dlis Security Instrument. In the event that Lender fails to provide any necessary notice of the right of rescission 'witli respect to any additional indebtedness secured under paragraph B of this Section, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument (but does not waive the security interest for the debts referenced m paragraph A of this Section). MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this sectiou are material obligations under the Secured Debt and this Security Instrument. If Mortgagor breaches any coveaant in this section, Lender may refuse to make additional extensions of credit and reduce the credit linfit. By not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments. Mortgagor agrees that all payments under die Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security htstrument. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, uor to request any future advances under any note or agreement secured by the lien docmnent without Lender's prior written approval. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, grouud rents, utilities, and other charges relating to the Property when due. Lender nmy require Mortgagor to provide to Lender copies of all notices that such amounts are .due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Insn-mnent. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. Property Condition, Alterations and Inspection..Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not co~mnit or allow any waste, impairment, or deterioration of the Property. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not pernfit any change in any liceuse, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the .Proper!y. Lender shall give Mortgagor notice at the time of or betbre an inspection specifying a reasonable purpose for the mspecuon. Any inspection of the Property shall be eutirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in tact to sign Mortgagor's name or pay any anmunt necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security fustrmnent is on a leasehold. If the Property includes a unit in a condonfinium or a plam~ed unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condolninium or plam~ed unit development. Condenmation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condenmation, enfiuent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortaaaor assigns to Lender fl~e proceeds of any award or claim for damages coimected with a condenmation or other taking Of all~or"any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assig~m~ent of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien docmnent. Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in die amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be mn'easonably widfl~eld. If Mortgagor fails to maintain the coverage described above, Lender nmy, at Lender's option, obtain coverage to protect Lender's rights in the Property according to thc terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall innnediately notify Lender of cancellation or ternfination of the insurance. Lender shall liave the right to hold the policies and renewals. If Lender requires, Mortgagor shall itmnediately give to Lender all reCeiPts of phid prenfiums and renewal notices. Upon loss, Mortgagor shall give iimnediate notice to the insurance carrier and Lender. Lender nmy make proof of loss if not nmde innnediately by Mortgagor. Unless otherwise agreed in writing, all insurance Property or to the Secured Debt, whether or not ~)1994 Bankers Systems, Inc., St. Cloud, MN Form OCP-REMTG-WY 10/7/98 proceeds shall be applied to the restoration or repair of the then due, at Lender's option. Any application of proceeds to Jj ,(~oage~ of 4) principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If file Property is acquired by Lender, Mortgagor's right to any insurance policies and pro. ceeds resulting from danmge to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt innnediately betbre the acquisition. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial staiement or intbrnmtion Lender nmy deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional docmnents or certifications that Lender~,~m_ay~co~_l}_~si~r~,?~e.,~ary to perfect, continue, and preserve Mortgagor's obligations under this DUE Oi~ SALE. Lende~}~3~tjts option, d~lare the entire balance of the Secured Debt to be ilmnediately due and payable upon thq]creation of, ~tl~m~m{~?~d~or the creati~} of, a transfer or sale of the Property. This right is subject to the restrictions imposedl~y federal la,~?.,?,~,,~.~ ,591),tXia0¥ ~ ~.~..~ -, -,*'as apl~icable._ ~ ' DEFAU~: ~0~g~;~x~l be in default if ~ly-of the following occur: ' Fraud. Any Consumer Borrower engages in fraud or material nfisrePresentation in connection with the Secured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any Secured Debt dlat is an open end home equity plan fails to nmke a payment when due. Property. Any action or i~mction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. This includes, but is not linfited to, the /bllowing: (a) Mortgagor fails to nmintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) Mortgagor conmfits waste or otherwise destructively uses or fails to maintain the Property such that the action or itmction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this SecUrity Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g) the Property is taken through eufinent domain; (h) a judgment is filed against M°rtgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienliolder forecloses'on die Property and as a result, Lender's interest is adversely affected. · ~ · , - Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another lender in an aggregate amount greater than the amount pernfitted under federal laws and regulations. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Lender nmy accelerate the Secured Debt and foreclose fllis Security Instrument in a maimer provided by law if Mortgagor is in default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, or other notices and nmy establish time schedules for foreclosure actions. At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become innnediately due and payable, after giving notice if required by law, upon the occurrence of a defimlt or anytime thereafter. Lender shall be entitled to, without linfitation, the power to sell the Property. The acceptance by Lender of any sum in paylnent or partial payment on the Secured Debt after the balauce is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's riglit to require complete cure of airy existing default. By not exercising any remedy on Mortgagor's delhult, Lender does not waive Lender's right to later consider die event a default if it happens again, EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any cove~mnt in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in perforufing such covmmnts or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and will bear interest t¥om the date of payment until paid in full at the highest rate of interest in effect as provided in die terms of die Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount umy include, but is not linfited to, reasmmble attorneys' fees, court costs, and other legal expenses. This amount does not include attorneys' fees for a salaried employee of the Lender. To the extent permitted by die United States Bankruptcy Code, Mortgagor agrees to pay the reasmmble attorneys' lees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 10. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this sectiou, (1) Environmental Law means, without limitation, the Comprehensive Enviromnental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all oilier federal, state and local laws, regulations, ordilmnces, court orders, attorney general opinions or interpretive letters concerning die public health, safety, welfare, enviromnent or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contanfinant which has characteristics which render the substance dangerous or potentially dangerous to tim public healfl~, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazard6us nmterial," "toxic substances," "hazardous waste" or "hazardous substance" under any Enviromnental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to snmll quantities of Hazardous Substances that are generally recognized to be appropriate for die normal use and nmintenance of file Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every te~mnt have been, are, and ~ shall renmin in full compliance with any applicable Envirmmlental Law. C. Mortgagor shall innnediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a ViOlati°n 0f any EnViromnental Law concerning the Property. In such an event, : Mortgagor shall take all necessary remedial action in' accordance with any Envirolmlental Law. . . D. Mortgagor shall i~mnediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to die release or threatened release of any Hazardous Substance or the violation of any Enviromnental Law. 994 Bankers Systems, Inc., St Cloud, MN Form OCP-REMTG-WY 10/7/9B ge S of 4) 11. ESCROW FOR TAXES AND INSURANCE. U,tless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance iii escrow. 12. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Iustrument are joint and individual. If Mortgagor signs tiffs Security Instrument but does not sign an evidence of debt, Mortgagor does so m~y to mortgage Mortgagor's interest in file Property to secure payment of the Secured Debt and Mortgagor does not agree to be persmtally liable on the Secured Debt. If tiffs Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights flint may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights nmy include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of fids Security Iustrmnent shall bind and benefit the successors and assigns of Mortgagor and Lender. 13. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly pernfits the variations by written agreement. If any section of this Security Instrumeni cmmot be entbrced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural file singular. The captions and headings of the sections of this Security Instrument are for conve~fience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 14. 15. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to file appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalliug of liemq and assets and all homestead exemptiou rights relating to the Property. 16. LINE OF CREDIT. The Secured Debt iucludes a revolving line of credit. Although the Secured Debt nmy be reduced to a zero balance, this Security Instrument will remain in effect until released. 17. 18. APPLICABLE LAW. Tliis SecuritY Instrument'is governed by the laWs as agreed to in the Secured Debt,.e.xc.ept to the extent required by the laws of the jurisdiction where tl~e Property is located, and applicable federal laws and regulations. RIDERS. The covmmnts and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] [] Assigmnent of Leases and Rents [] Other... 19. [] ADDITIONAL TERMS. Prepared by: ALECIA PARKIN, National City Bank 6750 Miller Road, Brecksvill'e, OH 44141 SIGNATURES: By sighting belowl Mortgagor agrees to file ternls and covenants contained in this Security hlstrurnent and ill any atta~~~/~ . ,_orylso ack~owledges recei~;p.I'a copy of fl~is SecUrity Inst~,!~e~t o~ ~e date stated onpage: · '. 1. - ........ ............................... :-. ................................ .... STATEilS OF .:.~~/J/.rZ~d ............... thlsCOUNTY...~OF..&/Z.~.d. ~ ~~;-~ ~Am~ ...................... } SS (lndivid~) T f ' ' ' ~ ' ' mst,~oent was acknqwledgo~before me ..... day of ..~~..~..~.~y~. ................. by ........~ O.(M....A.~a~ ................................. ~ ............................... m ........... My co,m~ssionexpires: I~ ~ll~-O/~ ~ ~ · I~ /X~/~ - " · ~' ~/~ ..... $ ..... /~.~ w;~:l ................... ~ ~ ........... - ff (Nola~ Public) // I ©1994 Bankers Systems, lac., St. Cloud, MN Form OCP-REMTG-WY 1017/98 [page 4 of 4) PARCEL 1: Lot 642-C, Lakeview Estates, a subdivision in Lincoln County, Wyoming, as laid down and platted on that plat recorded in the Office of the Lincoln County Clerk. ALSO A portion of Lot 648C of Lakeview Estates, Tract A-F, located .in and being also a portion of the NW1/4SE1/4 of Section 29, T37N, RllSW, 6th P.M., Lincoln County, Wyoming, and being more particularly described as follows: .BEGINNING at the most Westerly corner of said Lot 648C and running thence N36o12,29,,E, along a Westerly line of said lot, 96.19 feet to a bend in said Westerly line of said Lot ~48C; thence running S18o16,53,,W, 86.68 feet, more or less to a point 'in the Southerly line of said Lot 648C, said point being 30.00 feet S80o59,54,,E from first said most Westerly corner; thence NS0059,54,,W, along last said Southerly line, 30.00 feet to the Point of Beginning. EXCEPTING THEREFROM: A portion of Lot 642C of Lakeview Estates and the NW1/4SE1/4 of Section 29, T37N, RllSW, 6th P.M., Alpine,. Lincoln County, Wyoming and being more particularly described as follows: Beginning at a point in the Westerly line of said Lot 642C, said point being S73o'29,07,,E, 270..00 feet from a BLM type monument found at the center of the Circle Lot 650C of said Lakeview Estates; thence running N37o41,26,,E, 6.44 feet to a point common to said Lot 642C and Lot 640C; thence S74o59,37,,E, 110.00 feet to the Easterly common c6rner of said Lots 642C and 640C; thence running S24o38,20,,W, 19.45 feet; thence N72o38,05,,W, 106.57 feet; thence N2o13,51,W, 9.27 feet to the Point of Beginning. PARCEL 2: Lot 634-C in Lake View EStates Subdivision as Shown on the official plat thereof in the Office of the Clerk of Lincoln County, Wyoming.