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HomeMy WebLinkAbout875830 !, PAGE [SPace Above This Line For Recording Data] FHA Case No. State of Wyoming :' MORTGAGE S91-0897272 AP# CALL, d. AF LN~ 1061326 THIS MORTGAGE ("Security Instrument") is given on September 7, 2001 The Mortgagor is0enni fer Ca] 1, A, Si ngl e Person ("Borrower"). This Security Instrument b~;~given to Major Mortgage, A Wyoming Corporation which is organized and existing under the laws of . Wyoming , and whose address is 2020 Carey Avenu!e-Mezzanine, Cheyenne, WY 82001 ("Lender"). ·Borrower owes Lender the principal sum of Seventy Thousand Nine Hundred Forty Eight and no/lO0 Donars (U.S. $ 70,948. O0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the :full debt, if not paid earlier, due and payable on October 1. 2031 . This Security ,Instrument secures to Lender: (a) the rel~ayment of the debt evidenced by the Note, wlth interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph .7 to protect the security of this Security Instrument; and (c) the per/brmance FHA Wyoming Mortgage - VMP MORTGAGE FORMS - (800)621-7291 Page 1 of 8 MW 04/96,01 Initials: AP# CALL, J. AF LN# 1061326 of Borrower's covenants and agreements; Under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey tb the Lender with power of sale, the following described property located in . Li nco] rl County, Wyoming: See Schedule C attached here, to and made a part hereof. which has the address of 635 Adams S:l;~eet,Afton lStreet, City], Wyoming 83].].0 ,, [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. Ail replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property a'nd that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend genet:ai!y the title to the Property against all claims and demands, subject to any encumbrances of record. ,': THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and a, gree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the N0'te and late charges due under the Note. 2. Monthly Payment of Taxes, ::Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and ir..terest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levi'.ed against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance:; :?equired under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretlary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been r,equired if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mor~g~!ge insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determinedi 'by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sialns paid to Lender are called "Escrow Funds." Lefider may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum 'amount that may be required ~'br Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 e:t seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. AP# CALL, O. AF LN# .;~061326 If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and. any mortgage insurance premium installment that Lender has not become obligated to pay to the Sec.;etary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for .~'ii installments for items (a), (b), and (c). 3. Application of Payments. All palyments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance Premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgag,¢( insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Not'i; Fourth, to amortization of the principal of the Note; and F(fth, to late charges due under the ~%te. 4. Fire, Flood and Other Hazard ~)~surance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erectedi..against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insura~..ce Shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all ,' ii~mprovements on the Property, whether now in existence or subsequently erected, against loss by floods to the ext~mt required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance polici, es and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptal)le to, Lender. In the event of loss, BorroWer shall '!~ive Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insur!mce company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at ils option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration Or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Ar~.y excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. · 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence Within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Propmty as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines tha: requirement will cause undue hardship_· for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumsihnces. Borrower shall not comm:t waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear ~md tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or AP# CALL, j. AF LN#',.~I061326 abandoned Property. Borrower shall ai~q, be in default if Borrower, during the loan application process, gave materially false or inaccurate informati¢!n, or statements to Lender (or failed to provide Lender with any material information) in connection with the lo'ar~i evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of t,~e. Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with tl:!e~ provisions of the lease. If Borrower acquires fee title'to the Property, the leasehold and fee title shall not be merged :,anless Lender agrees to the merger in writing. 6. Condemnation. The proceeds o~' any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of aqy~ part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Ler~l:ler to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instm~nent. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this SecuritY Instrttment, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of [~rincipal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly Pasments, which are referred to in paragraph 2, or change the ami)unt of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the e..ntity legally entitled thereto. 7. Charges to Borrower and Prq~ection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon:Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payml~nts Or the payments required by' paragraph 2, or fails to perform any other covenants and agreements contained in thils: Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including paymenl! C,f taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be bnmediately due and payable. Borrower shall promptly discharge: a:~y lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of' the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien bY, or d~i'ends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the .enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordii~ating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien whi::h may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. B..)rrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of no'~ice. 8. Fees. Lender may collect fees an:l ~eharges authorized by the Secretary. 9. Grounds for Acceleration of Deb!:. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this'Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or ~: (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: 4R(WY) (9004).01 Pa(~e 4 of 8 ! AP# CALL, d. AF APg'.1061326 (i) All or part of the Propertyi or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (othEr than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does So occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstance~: occur that would permit Lender to require immediate payment in full, but Lender does not require such pa;i'ments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secre,,'!;ary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of [:i, ayment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument d~oes not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Bor'.i"ower'agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date he'of, Lender may, at its option, require irrmigdia[e payment in full of all sums secured by this Security Instrument. A written statement of any authori?ed agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Securi~:y Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding ihe foregoing, this option may not be exercised by Lender when the unavailability of insurance is srfiely due to Lender's failure to remit a mortgage insurance premium to the Secretary, 10. Reinstatement: Borrower has:? right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay anliamount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are i~istituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring!Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument!i;foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall re~nain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii)' reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. ExtensiOn of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate ~'0 release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify mnortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower di Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver., of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bounlri; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind a~.d benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security InstrUment only to mortgage, grant and convey that Borrower's interest in the Property under the ~terms of this Security Instrument; (b) is not p,ersonally obligated to pay. the sr,.ms secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, m{iidify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without :i:hat Borrower's consent. (~4R(WY} 19~o4)m Pag~ 5 of 8 Initials:~ AP~ CALL, 0, AF LN#;',].061326 13, Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless ai[~plicable law requires use of another method. The notice shall be directed to' the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's add~ess stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security..I,nstmment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability'~ This Security Instrument shall be :governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law. guch conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect with3ut the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be'severable 15. Borrower's Copy..' Borrower ~hall be given one conformed copy of the Note and of this Security Instrument. ~; 16. Hazardous Substances. Borro'~ver shall not cause or permit the presence, use~ disposal, storagel or release of any Hazardous Substances on or in the: Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation {~:f any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the P~operty of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal rcsil':dential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal '.~r other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take a!.l necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "HaZardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and ihe following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in t!xis paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. BorroWer and Lender further covenant and agree as follows: 17. Assignment of Rents.. BorroWer unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes L~:nder or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property .to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the ProPerty as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach te Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall Pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights'under this paragraph 17. Lender shall not be required to enter.::lpon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall tt~rminate when the debt secured by the Security Instrument is paid in full. (~i~4R{WY) (9604).01 ' Page 6 of 8 Initiais:~ AP# gALL, J. AF LN# ':?.061326 18. Foreclosure Procedure. If Lend. er requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other.remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the it~emedies provided in this paragraph 18, including, but not limited to, reasonable attorneys'~ fees and costs of title evidence. If Lender invokes the power of satg, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if. different, in accordance with applicable law. Lender shall give notice of the sale to Borrower in the manner prbvided in paragraph 13. Lender shall publish the notice of sale, and the Property shall be sold in the manner '¢rescribed by applicable law. Lender or its' designee may purchase the Property at any sale. The proceeds of tJie 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 Security Instrument; and (c) any excess to the pierson or persons legally entitled to it. If the Lender's interest in this S~!:curity Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial po~ver of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the Preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. ,Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all frights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the cove:iants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreemeni:s of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ; [---] Condominium Rider [--] Growing Equity Rider ~ Other [specify] ~ Planned Unit Development Rider ~-~ Graduated Payment Rider (~4R{WY) {9~04).0~ Page ? of 8 initials:{~..~ ~ AP# CALL, J, AF LN#.1061326 BY SIGNING BELOW, Borrower ,accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and re,,e,)rded with it. Witnesses: :i~-- .-~ ~ , , (Seal) Jenni fer Cai ~_~ ~' -Borrower (Seal) -Borrower __(Seal) (Seal) -Borrower -Borrower __ (Seal) (Seal) -Borrower -Borrower ~.__ (Seal) (Seal) -Borrower -Borrower STATE OF WYOMING, Lincoln County ss: The foregoing instrument was acknowledged before me this September 7, 2001 (date) by Jennifer Cal'l ;_r_ ,l (person acknowledging) ' , $omrypblic - ~,~,6;4R(WY) {9§04).01 Paoa 8 of ~ ALTA COMMITMENT - 1982 - WY ' Commitment No.' FA 7912 OM SCHEDULE C The land re.fred to in Mis commitment is situated in Me State o!' Wyomhg, County of Lincoln, and is described as ~llows: That part of the NW~ANW~ of Section 31, T32N RllSW, within the Hastings Annexation to the Town~f Afton, Lincoln County, Wyoming, described as follows: Commencing at a p-k nail on the center-line of the Fairgrounds Road, S 02o06' W, the base bearing for this survey, 177.59 feet from an Ivan L. Call RLS 274 Mueller water cap with hexbolt at the intersection of the center-lines of said FairgroUnds Road with Sixth Avenue; · thence S 86°54.7 E, 30 feet to the point of beginning on the east right-of-way line of said Road, S 55°49'~E, 775.60 feet from the northwest corner of said Section 31, found as described in the Certified Land Corner Recordation Certificate of record, in the office of the Clerk of Lincoln County; thence continuing S 86°54.7 E, 144.98 feet along the westerly protraction of an existing chain link fence, and along said fence to a 2" x 4 fc. ot long galvanized steel fence post; thence S 02048.2' W, 97~84 feet along said existing fence to a 2" x 4 foot long galvanized steel fence post; thence N 87o27.2' W, 143.76 feet along said existing fence, in part, and a protractf, on thereof westerly-to a point on said east right-of-way line; ~ thence N 02°06 E, 99.21 feet along said right-of-way line to the POINT OF BEGINNING. 11/91