HomeMy WebLinkAbout915867
51336
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RECEIVED 2/8/2006 at 10:46 AM
RECEIVING # 915867
BOOK: 611 PAGE: 867
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
I MORTGAGE I
NUN 100024200011552425
!Æ1. TI-llS MORTGAGE is made this
'{V\LISON A. PENNY and Dustin
6th day of February, 2006
Q. Penny, wife ¡:md l,usoand
, between the Mortgagor,
(herein "Borrower"), and the Mortgagee,
Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's
successors and assigns), MERS is organized and existing under the laws of Delaware, and has an address and telephone number of
P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
American Brokers Conduit
existing under the laws of State of New York
538 Broadhollow Road, Melville, NY 11747
, (IILender ") is organized and
, and has an address of
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 63, 311 . 00 , which
indebtedness is evidenced by Borrower's note dated February 6, 2006 and extensions and renewals
thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner
paid, due and payable on Ma rch 1, 2021
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of al]
other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of
the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to MERS (solely
as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the
following described property located in the County of Lincoln
State of Wyoming:
LOT 9 OF THE LAZY B SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT
RECORDED IN THE OFFICE OF THE COUNTY CLERK
This Real Estate Mortgage is second and suoject ONLY to a First
Real Estate Mortgage recording concurrently l,erewitl, in favor of
Mortgage Electronic Registration Systems, Inc., dated February
6, 2006, in tl,e original amount of $253,240.00.
)
v~
which has the address of 149 LARKS PUR
Alpine
[City), Wyoming 83128
[Street] ,
[Zip Code) (herem "Property Address");
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and
rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing,
together with said property (or tbe leasebold estate if tbis Mortgage is on a leasebold) are hereinafter referred to as tbe "Property."
Borrower understands and agrees tbat MERS bolds only legal title to tbe interests granted by Borrower in tbis Mortgage; but, if
necessary to comply witb law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action
required of Lender including, but not limited to, releasing or canceling this Mortgage.
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and
convey the Property, and that tbe Property is unencumbered, except for encumbrances of record. Borrower covenants that
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of
record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
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, Borrower shall pay to Lender
on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum
OOC #:328631
APPL #:0001155242
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WYOMING. SECOND MORTGAGE - 1/80 - FNMNFHLMC UNIFORM INSTRUMENT WITH MERS
.. .76N(WY) (0208)
@
UM51 D208
Page 1 of 4
VMP MORTGAGE FORMS - (800)521-7291
Form 3851
Amended 2/01
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(herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development
assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of
yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any,
all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates
thereof, Borrower shall not be obligated to make sucb payments of Funds to Lender to the extent that Borrower makes such
payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender .
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or
guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said
taxes, assessments, insurance premiums and ground rents, Lender may not cbarge for so holding and applying the Funds, analyzing
said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on tbe Funds and
applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at tbe time of execution of this
Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires sucb
interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of tbe Funds showing credits and debits to the Funds and the purpose for which
each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by tbis Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments,
insurance premiums and ground rents as they fall due, sucb excess shall be, at Borrower's option, either promptly repaid 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 sball pay to Lender any
amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by tbis 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 apply, no
later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against tbe sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under tbe Note and
paragrapbs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph
2 hereof, then to interest payable on the Note, and then to the principal of tbe Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's
covenants to make payments when due, Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and
impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if
any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on tbe Property insured
against loss by fire, hazards included within the term "extended coverage," and sucb other hazards as Lender may require and in
such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance sball be chosen by Borrower subject to approval by Lender; provided, that such
approval shall not be unreasonably withheld. AIl insurance policies and renewals thereof shall be in a form acceptable to Lender
and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the
policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier 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 secured by
this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep tbe Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall
comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a
ptanned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit
development, and constituent documents.
7. Protection of Lender - s Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage,
or if any action or proceeding is commenced whicb materially affects Lender's interest in the Property, then Lender, at Lender's
option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take
such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making tbe loan
secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the
requirement 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 tbe Note rate, shall become additional
indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, sucb amounts
shall be payable upon notice from Lender to Borrower requesting payment thereof. Notbing contained in this paragraph 7 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 of the Property, provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest 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 thereof, or for conveyance in lieu of condemnation, are bereby assigned and
shall be paid to Lender, subject to tbe terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over tbis Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to
release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to
commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver
of or preclude the exercise of any such right or remedy.
DOC #:328632
G-76N(WY) (0208)
@
APPL #:0001155242
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11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject
to the provisions of paragraph 16 hereof. AU covenants and agreements of Borrower shall be joint and several. Any Borrower who
co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that
Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under
this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any
other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing
that Borrower or modifying 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 Borrower
provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at
the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any
notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate
by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to
Borrower 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 jurisdiction in
which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event
that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions
of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all
sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of
execution or after 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. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which
Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property,
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in 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 exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the 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 expiration of this period, Lender may invoke any remedies permitted by this
Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this M0l1gage,
Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach;
(2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower,
by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice
may result in acceleration of the sums secured by this 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 default 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, Lender,at
Lender's option, ma)' 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
collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, 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 person in
possession of the Property, if different, in accordance with applicable law. Lender shall mail a copy of a notice of the sale to
Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be
sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The
pmceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including,
but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (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 due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued
at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this
Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due
under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or
agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the
covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph
17 hereof, including, but not limited to, reasonable attorneys' fees; and (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 Borrower's obligation to pay the sums secured
by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured
hereby shall remain in full force and effect as if no acceleration had occurred,
19. Assignment of Rents; Appointment of'Receiver; Lender in Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or
abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
DOC 1/:328633
.. -76N(WY) (0208)
@
APPL 1/:0001155242
Page 3 of 4
lniti~
';XV!: \ Form 3851
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Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time prior to the expiration of any
period of redemption following judicial sale, Lender, in person, by agent or by judicialIy appointed receiver, shall be entilled to
enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents
colIected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and colIection of
rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the
sums secured by this Mortgage. Lender and the receiver shalI be liable to account only for those rents actually received.
20. Release. Upon payment of aU sums secured by this Mortgage, Lender shall release this Mortgage without charge to
Borrower. Borrower shall pay all costs of recordation, if any.
21. Waiver of Homestead. Borrower hereby waives alI right of homestead exemption in the Property.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority
over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the
superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
~tl
ALISON A. PENN
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
(Seal)
-Borrower
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
(Seal)
-Borrower
,Borrower
[Sign Original Only]
by
STATE OF WYOMING, I{~ eft V
The foregoing instrument was acknowledged before me this
ALISON A. PENN~nd Dustin Q. Penny
Teton
County ss:
February 6, 2006
My Commission Expires:
9/12/2007
ø~CL
Notary Public
LAURIE COE . NOTARY PUBLIC
f > ' State of
County 0 'Wyoming
Teton
My Commission Expires 9/12/2007
DOC .:328634
C -76N(WY) (0208)
®
APPL 1:0001155242
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A. U.S. Department of Housing
\r.$~,_~s,Li67 and Urban Development
FINAL
('\!ìn07
'.' 'J \.1 0 .
2502-0265
-.--- .--
1, [ ) FHA
4,[ )VA
6. File Number
51336
B. Type of loan
2, [ ] FMHA 3, [ ) Conv, Unins,
5, [ ] Conv, Ins, [X) Other.
17. loan Number
0001155451
Settlement Statement 8. Mortgage Ins. Case No.
C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement
agent are shown, Items marked ("paC") were paid outside the closing: they are shown here for information
Durooses and are not included in the totals.
D. Name of Borrower: Dustin Q. Penny, 149 Larkspur. Alpine, WY 83128
Alison A. Penny
The Alpine Group, LLC, P,O, Box 3039, Jackson, WY 83001
American Brokers Conduit, 6455 South Yosemite Street #700, Greenwood
Village, CO 80111
Lot 9, Lazy B Subdivision
400.
401.
402.
403.
404.
405.
... . A~J4.~i.m~h~~f:9r@¡¡¡~p~1ª::þy~~@nii@~@iÇ~;::::
406. City/town taxes
407. County taxes
40B. Assessments
409. Condominium Association Prorata
410.
411.
412.
E. Name of Seller:
F. Name of lender:
G. Property location:
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
149 Larkspur Circle, Alpine, WY 83128
Land Title Company (307) 733-4713
PO Box 651, 160 E. Broadway, Jackson, WY 83001
2/6/2006
... ···:qj§ºmm~w9tß.g(rpw~rî~mr9:n~~çt¡9ñ·: .... ...
..
· . . . . . . . . . . . .
· . . . . . . . . . . . . . . . . .
· . . . .. . . . . . . . . . . . .
............. ....
100.
101,
102.
103.
104.
105.
,@jµ@¥i~Ht~i@¡¡Wi~@i~/:iY~~([~rJB~~MQ~~i:::..::.::.:::
106. City/town taxes
107. County taxes
10B. Assessments
109. Condominium Association Prorata
110.
111.
112.
Gross amount due from borrower:
Contract sales price
Personal property
Settlement charges to borrower (line 1400)
. 316,551.00
4,739,11
..............
. . . . . .. ..
..
· .
. ......
...........
.....:...:.:...............:...............:.............:.;....:....
.............................. .
..... .......
120.
@@;
Gross amount due from borrower:
Am\?@i~pi:!jªW9.(Mþ.@MMnh~M@w~m::):/ ...
Deposit or earnest money
Principal amount of new loan(s)
Existing loan(s) taken subject to
321,290.11
201.
202.
203.
204.
205.
206. Seller Credit Buyer Closin9 Costs
207.
20B.
209.
,@ji.i~MiMt~M@m~Mp~ªrN~~¡ìWi:::
210. City/town taxes
211. County taxes
212. Assessments
213.
214.
215.
216.
217.
218.
219.
220. Total paid by/for borrower:
1,500.00
253,240,00
3,500.00
....
. .
..
..
:.:-:.:.:.:.:.:.:.:.:.;.:.;.:.: .....
..
..
...... .-.....
1/1/2006
to 2/6/2006
154,92
258,394,92
301.
302.
303.
Gross amount due from borrower (line 120)
Less amount paid by/for borrower (line 220)
CASH (X)FROM OTO BORROWER
321,290,11 601.
258,394.92 602.
62,895,19 603.
TIN:
TIN: 83-0280010
Proration Date:
2/6/2006
.........
:K~$ymm~m·9f§~!¡~tl~:mr~ñ~~ËHpi1:. ....
..
:;;¡;::::::::¡:::;::::::::::::::::::¡:::.:.::.:.:......
Gross amount due to seller:
Contract sales price
Personal property
::::;:;:;:::::;:::;:::;:::::;:;:::::;:::::::¡:;:;:;:;:;:;:;:::::::»:........
:.:.:.:.:.;::::.:::.:.:::::::;:::¡:::;:;:::::::::::;:::::::::::;:::;:::;:;::::::::::::::.:.:........
420.
~ÒÖ;
501.
502.
503.
504.
505.
506.
507.
508.
509.
Gross amount due to seller:
\R~ª@Î@H@~fu@h@@@~~ii@ .........
Excess deposit (see instructions)
Settlement charges to seller (line 1400)
Existing loan(s) taken subject to
Payoff of first mortgage loan
Payoff of second mortgage loan
Seller Credit Buyer Closing Costs
-:-:.;.>:-:-:-:.....'..
.....
510.
511.
512.
513.
514.
515.
516.
517.
518.
519.
520.
City/town taxes
County taxes
Assessments
1/1/2006
to 2/6/2006
Total reduction in amount due seller:
Gross amount due to seller (line 420)
Less total reduction in amount due seller(line 520)
CASH ()FROM (X)TO SEllER
SUBSTITUTE FORM 1099 SELLER STATEMENT - The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404), 406. 407 and
408-412 (applicable part of buyer's real estate tax reportable to the IRS) is important tax information and is being furnished to the Internal Revenue Service, If you are required to file
a return, a negligence penalty or olher sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported,
SELLER INSTRUCTION -If this real estate was your principal residence, file form 2119, Sale or Exchange or Principal Residence, ror any gain, with your income tax return; for other
transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040),
You are required by law to provide Land Title Company (307) 733-4713 with your correct taxpayer identification number.
r you do not provide Land Title Company (307) 733-4713 with your correct taxpayer identification number, you may be subject to civil or criminal penalties,
The Alpine Group, LLC
1'-
"" 701.
..;7) 702.
1 ) 703,
1704.
.:,:
802. Loan discount
803, Appraisal fee
804. Credit report
805. Lender's inspection fee
806, Mortgage insurance application fee
807. Assumption fee
808. Flood Certification fee
809, Underwriting fee
810, Document Preparation fee
811. Tax Service fee to American Brokers Conduit 75,00
812. Processing Fee to Acceptance Mortgage 500,00
813, Admin Fee to American Brokers Conduit 575.00
814, Wire Fee to American Broker:! Conduit 25.00
901. Interest from 2/612006 to 3/1/2006 1,172,99
902. Mortgage insurance premium for
903. Hazard insurance premium for
904, Interest Credit
905.
1002, Mortgage insurance
1003. City property taxes
1004, County property taxes
1005. Annual assessments (main!.)
1006.
1007.
1008.
1009. Aggregate Adjustment to American Brokers Conduit (81,17)
1102. Abstract or title search
1103, Title examination
1104, Title insurance binder
1105, Document preparation
1106. Notary fees
1107. Attorney's fees to
includes above items no,:
1108. Title insurance
includes above items no,:
Lender's coverage ",$311,043,00
Owner'scoverage -1k)./£s,· SSI4~12,g43,OÐ
Endorsements 100, 116,8.1, ARN to Land Title Company
1109,
1110.
1111.
1112.
1201. Recording fees: Deed $8.00 Mortgage $53,00 Release $8,00 61,00
1202, City/county tax/stamps:
1203. State tax/stamps:
1204.
1205,
1206,
~
1301.
1302,
1303,
1304.
1305,
1400.
::l:t'&ijttle/'l'li:íhtçb;:írQ¢~:::
700,
: \rrffir~~~91Q~:~:~~~:~PM:{~
= $9,496,53
.....
." ..
f~~}¡µ&@6$n1W:{{:i\: J G 8 í" 2
Paid From
Borrower's
Funds at
Settlement
....',..
..
..
.. ....
....
........
.. ..
...
.. .
. . . . . . . . . .. . . . . . .
..................
............................'....
... "......
. ...
..... ....
.....
Total sales/broker commission based on :
Division of commission (line 700) as follows:
$9,496,53 to Windermere Real Estate
Paid From
Seller's
Funds at
Settlement
Commission paid at settlement $9,496,53
to Acceptance Mortgage
to Acceptance Mortgage
425.00
20,00
to American Brokers Conduit
19,00
.
1 yrs,
to State Farm Insurance
974.00
2 mo,@ $130.8900 per mo,
261,78
to Land Title Company
to Land Title Company
188,00
$188,00
$823,00
70.00
Survey
Pest inspection
Electronic Documents Fee
Courier/Express Fee . to Land Title Company
2nd 1/22005 Property Tax #3718~ to Lincoln County Treasurer
Total settlement charges (entered on lines 103, section J and 502, section K)
10.00
4,739,11
ON: I have carefully revie the HUD·1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all
or by me in this transaction. I further certify that I have received a copy of HUD,1 Settlement Statement.
The Alpine Group, LLC
tement which I have prepared is a true and accurate account of the funds which were received and have been or will b
f this transaction.
;) ¡'!pI ôh
Land Title pany Date
WARNING: It is a crime to kn~winglY make false statements to the United Sta~~~.?'~r~!;~ or any other similar form, Penalties upon ConVictlo~~,":?::Ir¡"I,u~e a fine a
ImpriSOnment Title 1B: US. Code Section 1001 and Section 1010. [¡i~®:¡i~i:::: '\(:;;"':i
, -JC~.ic7
".. 'i~.,,' "-. }¥.:"O '
\i.J .:~) _..-0....'1 '-J
,: i;;¡i~~!¡~~~j~¡ ~ ~ i~; .
0. n 0 ~1 3·
U \i Ö I
SELLER'S AND/OR PURCHASER'S/BORROWER'S HUn ATTACHMENT
File No. 51336
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and
belief, it is a true and accurate statement of all receipts anddisburseménts made on my account or
by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement
Statement.
The Seller's and Purchaser' sIBorrower' s signatures hereon acknowledge their approval and
signify their understanding that tax and insurance prorations and reserves are based on figures for
the preceding year or supplied by others or estimated for the current year, and in the event of any
change for the current year, all necessary adjustments will be made between PurchaserIBorrower
and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly
reimbursed to the Settlement Agent by the Seller.
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above
and approve same for payment.
Borrower(s) / Purchaser(s)
~&~
ustin Q. Penny· :.
Date:
Seller(s)
The Alpine Group, LLC
Jeffery Jon DuPont
The HUD-l Settlement Statement which I have prepared is a true and accurate account of this
::::,:~~~~n. I have ca~or will cause ./-ª\nds to be disbnrsed in accordance with this
Settlement Agent U J~~ Date:cr(~(6Co
Laurie Coe, Closing Agent
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar
form. Penalties upon conviction can include a fine and imprisonment. For details, see: Title 18, U.S, Code Sections
1001 and 1010,
A. u.s. Department of Housing
\j._"~ ~,_'~ S:3: 6r¡d Urban Development
FINAL
2/6/06 1 :09 PM
1 [ ] FHA
4. [ VA
6. File Number
51336A
r' '"' n ("'¡ ~1 4
'.' U J Ö 10MB No 2502-0265
B. Type of Loan
2. [ ] FMHA 3, [X] Conv, Unins,
5, [ ] Conv, Ins,
17. Loan Number
I 0001155242
Settlement Statement 8. Mortgage Ins. Case No.
C. Note: This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement
agent are shown. Items marked ("POC") were paid outside the closing: they are shown here for information
Durooses and are not included in the totals.
D. Name of Borrower: Dustin Q, Penny, 149 Larkspur, Alpine, WY 83128
Alison A, Penny
E. Name of Seller: The Alpine Group, LLC, P,O. Box 3039, Jackson, WY 83001 TIN:
F. Name of Lender: American Brokers Conduit, 6455 South Yosemite Street #700, Greenwood
Village, CO 80111
G. Property Location: Lot 9, Lazy B Subdivision
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
149 Larkspur Circle, Alpine, WY 83128
Land Title Company (307) 733-4713
PO Box 651, 160 E. Broadway. Jackson, WY 83001
2/6/2006
100.
101.
102.
103.
104.
105.
Aªj9~¡m~ht~:f.9f¡¡;W~MjªW:~~!I~riB##.Y:~@~;::::::::::::¡:::::::::¡:::)::¡... .. ::... :...
106. City/town taxes
107. County taxes
108. Assessments
109. Condominium Association Prorata
110.
111.
112.
120. Gross amount due from borrower:
2ØØHAfuMbt~M@ÞYþ(@þ@~lf9nMÞ9@W~M:((((}r
201.
202.
203.
204.
205.
206.
207.
208.
209.
. .. ..... ..................
AdM@:¡¡~6i~M¡¡~mM@p¡ijdÞ.Y~~II~W ....... .)))){(((( .:::::::
210. City/town taxes
211. County taxes
212. Assessments
213.
214.
215.
216.
217.
218.
219.
301. Gross amount due from borrower (line 120) 667.54 601. Gross amount due to seller (line 420)
302. Less amount paid by/for borrower (line 220) 63,311,00 602. Less total reduction in amount due seller(line 520)
303. CASH ()FROM (X)TO BORROWER 62,643.46 603. CASH ()FROM ()TO SELLER
SUBSTITUTE FORM 1099 SELLER STATEMENT - The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404), 406, 407 and
408-412 (applicable part or buyer's real estate tax reportable to the IRS) is important tax inrormation and is being furnished to the Internal Revenue Service, If you are required to file
a return, a negligence penalty or other sanction will be imposed on you ir this item is required to be reported and the IRS determines that it has not been reported.
SELLER INSTRUCTION - If this real estate was your principal residence, file form 2119, Sale or Exchange or Principal Residence, ror any gain, with your income tax return; for other
transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040),
You are required by law to provide land Title Company (307) 733-4713 with your correct taxpayer identification number.
If you do nol provide land Title Company (307) 733-4713 with your correct taxpayer identification number, you may be subject to civil or criminal penalties.
400.
401.
402.
667,54 403.
404.
405.
::::::.:::::)):::::):: AêjY~\fu~N~·@f@m¥R~ªfÆ~~\i~fW~ß.@ñB~;':·:;:::. ...... .......
406. City/town taxes
407. County taxes
408. Assessments
409. Condominium Association Prorata
410.
411.
412.
667,54 420.
Mp;
501.
63,311,00 502.
503.
504.
505.
506.
507.
508.
509. .
Aßjµ~íhi~N~19dWm~Mp~i:lÞ.YM@r::..q .. q ........... qq. q.
510. City/town taxes
511. County taxes
512. Assessments
513.
514.
515.
516.
517.
518.
519.
.. ··::·~;·§4mmªJ'Ý:ºf·§ºtf9¥f~rt§·::mrjD~~9t¡9P::·:::·:·:·::...:::.: ... . ...
Gross amount due from borrower:
Contract sales price
Personal property
Settlement charges to borrower (line 1400)
Deposit or earnest money
Principal amount of new loan(s)
Existing loan(s) taken subject to
The Alpine Group, LLC
q,
............,......'....
....
......
........
~~I~~~;~Ul
TIN: 83-0280010
Proration Date:
2/6/2006
:::K;§4·mm~œ::9t·§ê!Î~éMmr~p~~ª~9.º
. . . . . . . . .
...
.......
..
.. . . . . . . . . . . . . . ,
....................
....-. .............
. . . . . . . .. .
Gross amount due to seller:
Contract sales price
Personal property
....'..........;....
.........:.:......................................
-:.:.:.:-...-:.;.:-:-;.:.;.:->:-....'..
.... ...........
. . . . . . . . . . . . . . . . . .
... .............
Gross amount due to seller:
::@ª@@h¡~~mWm#~~Mþ.~¡@.f:~m::
. .
qq.q.q-
......
Excess deposit (see instructions)
Settlement charges to seller (line 1400)
Existing loan(s) taken subject to
Payoff of first mortgage loan
Payoff of second mortgage loan
~¡~~~~~[j~r1~:~f~:~j~i~¡~~~f~f~:~~:::::~::::::::;:;:;::
801,
802,
803.
804.
805.
806,
807.
808.
809,
810,
811.
812,
813.
814,
815, Broker Premium by Lender to Acceptance Mortgage POCL 79.14
901, Interest from 2/6/2006 to 3/1/2006 409.54
902. Mortgage insurance premium for
903. Hazard insurance premium for
904, Interest Credit
1001. Hazard insurance
1002. Mortgage insurance
1003, City property taxes
1004, County property taxes
1005, Annual assessments (maint.)
1006.
1007,
1008.
1009, Aggregate Adjustment
1201,
1202.
1203.
1204,
1205,
1301. Survey
1302. Pest inspection
1303. Electronic Documents Fee
1304, Courier/Express Fee
1305.
1400,
!\a
c.o
(Jf7
1 )
'" J
~, ì
, ~-')
1101.
1102,
1103,
1104,
1105.
1106,
1107.
1108,
1109.
1110,
1111.
1112,
1113,
-,-,----.,...-~
.-.¡.....¡...;'r".., .
. ·::W~{ø&/¡:¡~:¡:¡:::::r:
.........................
..................................................
infCti~rq~$··
..
.......,...........
.. ..............
.. .::F'~W@fu~;";;:."~,,A:,þ; h
Paid From Paid From '~J .J
Borrower's Seller's
Funds at Funds at
Settlement Settlement
..
700,
.
Total sales/broker commission
Division of commission (line 700) as follows:
..
.................
..............,..
................. ..
, . .. ........... .....
875
...
....
.:...:.....;.:.:.:.;.;.:.:.;.:.:.:.;.;.:.:
.....................
. . . . . . . . . . . . . . . . . , . . .
............
....
.......
... .......
701,
702,
703.
704.
$
$
Commission paid at settlement
Loan origination fee
Loan discount
Appraisal fee
Credit report
Lender's inspection fee
Mortgage insurance application fee
Assumption fee
Flood Certification fee
Underwriting fee
Document Preparation fee
Tax Service fee
Wire Fee
to American Brokers Conduit
19.00
to American Brokers Conduit
to American Brokers Conduit
75.00
25,00
Settlement or closing fee
Abstract or title search
Title examination
Title insurance binder
Document preparation
Notary fees
Attorney's fees to
includes above items no.:
Title insurance
includes above items no,:
Lender's coverage
Owner's coverage
Endorsements 100,116,8.1
to Land Title Company
100,00
Recording fees:
City/county tax/stamps:
State tax/stamps:
Mortgage $29.00
29.00
to Land Title Company
10.00
.
Total settlement charges (entered on lines 103, section J and 502, section K)
667,54
CERTIFICA nON: I have carefully reviewed the HUD·1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all
and disbursements made on my account or by m in this transaction. I further certify that I have received a copy of HUD,1 Settlement Statement.
The Alpine Group, LLC
Ison A, Penny
To the best of my knowledge, the UD Settlement Stat ment which I have prepared is a true and accurate account of the funds which were received and have been or will b
disbursed by the under. . ned as part of the settle men
I II-fey
d t to ( l)
Land Title Co y Date
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form, Penalties upon conviction can Include a fine a
imprisonment For details see: Title 18: US Code Section 1001 and Section 1010. .
, ~'.~ "7")
,'/'. '.' . ;·"0'·
~~,J .:..j -- .......:..,. '-~
,(' r'\ " 0 1"'1 6
",. li U Ö I
SELLER'S AND/OR PURCHASER'S/BORROWER'S HUD ATTACHMENT
File No. 51336
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and
belief, it is a true and accurate statement of all receipts and disbursements made on my account or
by me in this transaction, I further certify that I have received a copy of the HUD-1 Settlement
Statement.
The Seller's and Purchaser' sIBorrower' s signatures hereon acknowledge their approval and
signify their understanding that tax and insurance prorations and reserves are based on figures for
the preceding year or supplied by others or estimated for the current year, and in the event of any
change for the current year, all necessary adjustments will be made between PurchaserIBorrower
and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly
reimbursed to the Settlement Agent by the Seller.
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above
and approve same for payment.
Seller(s)
The Alpine Group, LLC
Jeffery Jon DuPont
The HUD-I Settlement Statement which I have prepared is a true and accurate account of this
transaction, I have caused or will cause the funds to be disbursed in accordance with this
statement @ Gë
Settlement Agent: .. Clu..l J... JL'
aurie Coe, Closing Agent
Date: ð/~/&
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar
form. Penalties upon conviction can include a fine and imprisonment. For details, see: Title 18. U.S, Code Sections
1001 and 1010,
'~¡!i;~~~i~~ii¡~ i~: [