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AFTER RECORDING PLEASE RETURN TO:
FHHLC - POST CLOSING MAIL ROOM
RECEIVED 4/27/2006 at 10:59 AM
RECEIVING # 917825
BOOK: 618 PAGE: 44
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1555 W. WALNUT HILL LN. #200 MC 6l'?,
IRVING, TX 75038 MORTGAGE J
0056725674
MIN 100085200567256740
THIS MORTGAGE is made tllis 21st
DEBBRA JOHANNSEN, A Married Woman
day of April, 2006
, between lIle IV1u/'[µ;I¡,'ur.
01erein "Borrower"), and tllt Mort,gagee.
Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter detined, and Lender\
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.
FIRST HORIZON HOME LOAN CORPORATION
existing under the laws of
4000 Horizon Way
Irving, Texas 75063
WHEREAS, Borrower· is indebted to Lender in the principal sum of U. S. $ 32 , 000 . 00 , which
indebtedness is evidenced by Borrower's note dated Apr i 1 21 s t, 2006 and extensions and renewals
thereof (herein "Note"), providing for monthly installments of principal and interest, with tlle balance of indebtedness, if not sooner
paid, due and payable on May 1st, 2021
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon: rht' paYI11t'llt of ;111
other sums, with interest thereon, advanced in accorrumce herewith to protect tlle security of this MOrtgage: and the pertilnwlIlL'e ill
the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to M ERS (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:
All that tract or parcel of land as shown on Schedule "A" attached
hereto which is incorporated herein and made a part hereof.
THE STATE OF KANSAS
, ("Lender ") is organized and
. and has an address of
which has the address of
THAYNE
187 SHOOTING STAR DRIVE
[City], Wyoming 83112
[Street]
[Zip Codel (herein "Property Address");
TOGETH~R Witll all the improvements now or hereafter erected on the property, and all easements, rights. appurtenances and
rents. aJI of which shaJI be deemed 10 be and remain a parI of the proper'y covered by th.s Morlg'g,; and ,I< of the forego'og,
'ogether with said property (or the leASehold estale if this Mortgage 's 00 a leasehold) are b,reloat1er referred 10 as th, "Prop,rty."
Borrower nnderstands and agrees thaI MBRS holds only legal title tn tlle 'nterests granted by Bomwer '0 th.s Mor'gage; bUI. .f
necessary to comply with 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. h"luding. buI no, Ibnl<ed tn. tlle righ' to foreclose 'od sel< the Property; and '0 take any action
required of Lender including, but not limited to, releasing or canceling tl1Ìs Mortgage,
Borrower covenants that Borrower is lawfully seised of tlle estate hereby conveyed and hastlleright to mortgage, grant and
convey the Property, and that the Property is llnencllillbered, except for i;:ncumbrances of record. Borrower covenants that
Borrower Warrants and will defend geire1'ally the title 10 the Property agalosl all clabns and demands. snbjecl '0 'ocumbraoces of
record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of P -inCipal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
~videnced by tlle Note and late charges as provided in the Note,
2. Funds for Taxes and InsUl-ance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender
'n the <ÙlY monthly payments of p'iocipal aod inlerest are payable under th, Note. uotil the Note 's P"d '0 JUl<. a sum
WYOMING - SECOND MORTGAGE. 1180 - FNMAlFHLMC UNIFORM INSTRUMENT WITHMERS
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. -76N(WY) (0308)
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(herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit developmem
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 premililll 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 such 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 .holde: is .an ~nstitutional l~nder. . .. .
If Borrower pays Funds to Lender, the Funds shall be held 111 an Instltutlon the deposits or accounts of whIch are lIlsured 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 charge for so holding and applying ùle Funds, analyzing
said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and
applicable law pennits Lender to make such a charge. Borrower and Lender may agree in writing at the 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 such
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 the 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 this 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 premimns and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to
Borrower or credited to Borrower on monthly installments of Funds. If the amount öf the Funds held by Lender shall not be
sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender 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 this Mortgage, Lender shall promptly refund to Borrower any Funds held by
Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall 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 the sums secured by tins Mortgage.
3. Application of Payments. Unless applicable law provides otIlerwise, all payments received by· Lender under the Note and
paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph
2 hereof, tIlen to interest payable on tile Note, and then to the principal of the Note.
4. PriOlo Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perfonn all of Borrower's obligations under any
mortgage, deed of trust or otIler security agreement with a lien which has priority over this Mortgage, includÌ1ig Borrower's
covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, tines and
impositions attributable to tile Property which may attain a priority over tIlis Mortgage, and leasehold payments or ground rents, if
any.
5. Hazard Insurance. Borrower shall keep tile improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the tenn "extended coverage," and such otIler hazards as Lender may require and ill
such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such
approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a fonn acceptable to Lender
and shall include a standard mortgage clause in favor of and in a fonn acceptable to Lender. Lender shall have the right to hold the
policies and renewals thereof, subject to tile tenns of any mortgage, deed of trust or other security agreement WiÙl 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 trom the date notice is
mailed by Lender to Borrower that tile insurance carrier offers to settle a claim for insurance benetits, Lender is authorized to
collect and apply tile insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured l1\
this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Born'"'.'!"
shall keep the Property in good repair and shall not conmlit waste or pennit impaimlent or deterioratioll of the Property and ,h;1I1
comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unil in a cOlldominiul1l 01 ;1
platmed unit development, Borrower shall perf ann all of Borrower's obligations under ùle declaration or covenallls creatirll.' or
governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned 'uni!
development, and constituent documents.
7. Pmtection of Lender's Security. If Borrower fails to perfonl1 the covenants and agreements colllained in this Mortgage.
or if any action or proceeding is commenced which 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 ùleloan
secured by this Mortgage, Borrower shall pay tlle premiums required to maintain such insurance in effect until such time as the
requirement for such insurancetemlinates in accordance with Borrower's and Lender's written agreement or applicable la\\'.
Any amounts disbursed by Lender pursuant to this paragraph 7, WÎÙl interest ùlereon, at the Note rale shall heUJIIIC' "ddili"Jì:!Ì
indebtedness of Borrower secured by. tIlis Mortgage. Unless Borrower and Lender agree to Oùler tenns of paymelll. sLlch ,lIIHlUIllS
shall be payable upon notice from LeIider to Borrower requesting payment thereof, Nothing contained in this paragraph 7 sh;iI
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 hereby assigned and
shall be paid to Lender, subject to the temlS of any mortgage, deed of trust or otller security agreement with a lien which has
priority over this Mortgage.
10. Bon'ower 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 ~uccessor 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 wJ1ortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any
forbearatlCe by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiv~r
of or preclude the exercise of any such right or remedy.
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. -76N(WY) (0308)
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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. All covenants and agreements of Borrower shall be joint and several. A ny Borrower who
co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and l'Oll\'ey 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, modity, f(¡rbear, or make allY
other accommodations with regard to the tenns 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 tllis Mortgage shall be given by delivering it or by mailing such notice by certitied mail addressed to Borrower at
tile 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 certitied mail to Lender's address stated herein or to such otller address as Lender may designate
by notice to Borrower as provided herein. Any notice provided for in tllis Mortgage shall be deemed to have been given tn
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 jurisdlL'tio!1 III
which tile Property is located. The foregoing sentence shall not limit the applicability of federal law (lJ this !\' ort.!.!<I)!L' II; lhl' l'\ "I!!
tllat any provision or clause of this Mortgage or the Note contlicts with applj¡;able law, such contlict shall Ilot affeLl odlLÏ
provisions of tllis Mortgage or the Note which can be given effect without the conflicting provision, and [() this end the pnJ\'Jsio!1~
of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" incluà' all
sums to the extent not prollibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a confonned 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 wllich Borrower enters into Witll 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 cOlmection with improvements made to the Property.
16. Transfer of the Property or a Beneficial Interest in Bon"ower. 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 inunediate payment in full of all sums secured by tllis 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 tlus option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
tllan 30 days from tile date tile notice is delivered or mailed witllÍn which Borrower must pay all sums secured by this Mortgage. If
Borrower fails to pay tllese sums prior to tlle expiration of this period, Lender may invoke any remedies pemlitted by this
Mortgage without furtller notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as pl"Ovided 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 Mortgage,
Lender prior to acceleration shall give notice to Borrower as provided in pamgraph 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 "esuIt 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, may declare all of the sums seclJl·ed by this Mortgage to be immediately due and payable without further
demand and may invoke the power of sale and any othe · remedies permitted by applicable law. Lender shall be entitled to
collect all ·easonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but
not limited to, reasonable attorneys' fees.
If Lende · 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 pl"Ovided in paragmph 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
pl"Oceeds 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 seclJl"ed 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 tllis Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce tllis Mortgage discontinued
at any time prior to tlle earlier to occur of (i) tlle tifth day before sale of tlle Property pursuant to the power of sale contained in this
Mortgage or (ii) entry of a judgment enforcing tllis Mortgage if: (a) Borrower pays Lender all sums which would be tllen due
under this Mortgage and tile Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or
agreements of Borrower contained in tllis Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing tlle
covenants and agreements of Borrower contained in tllis 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 m;.¡y reasoll;.¡blv
require to assure tllat tile lien of tllis Mortgage, Lender's interest in tlle Property and Borrower's obligatioll [() pay the ;lIIll~'C\'Url'~1
by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, tllis Mortgage and the obli,l'ations seL'urèd
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, BorrO\ver
hereby assigns to Lender tile rents of the Property, provided tllat Borrower shall, prior to acceleration under paragraph 17 hereof or
abandonment of tile Property. have tile right to collect and retain such rents as tlley become due and payable,
. -76N(WY) (0308)
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09178Z5
{"O' n '47
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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 judicially appointed receiver, shall be entitled to
enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents
collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection 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 shall be liable to account only for those rents actually received.
20. Release. Upon payment of åll 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 all 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,
ríd~rBo~~~~
(Seal)
-Borrower
(Seal)
-Borrower
,-
(Seal)
·rhlff¡I"'L'J"
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seall
-Ht Irr~ )\vt:r
/Sign Original Of/~v/
STATE OF "ryOMING,
rfiL
L~LN
----r-~
County S5:
The foregoing instrument was aclmowledged before me this
by DEBBRA JOHANNSEN
4- êìl-~
My Commission Expires: q- (d -67
~~OR
Notary Public
LAURIE COE - NOTARY PUBLIC
County of State of
Teton . Wyoming
My Commission Expires 9/12/2007
0056725674
. -76N(WY) (0308)
®
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0917825
-111'48
\-. d L
0056725674
EXHIBIT "A"
Lot 3 of Bhoòting Star SubdiviĊĦion, Lincoln County, Wyoming, according to tbat
plat filed July 18, 1995 in tbe Office of tbe Lincoln County Clerk~as Plat
No. 364 and Instrument No. 805315.
This Real Estate Mortgage is second and suòject ONLY to a First Real
Estate Mortgage recording concurrently berewitb in favor of Mortgage
Electronic Registration Systems, Inc.,1~dated April 21, 2006, in
tbe original amount of $260,000.00.
0917825
000\.)49
BALLOON PAYMENT RIDER
TO THE SECURITY INSTRUMENT
BOITowerName: DEBBRA JOHANNSEN
Property Address: 187 SHOOTING STAR DRIVE
THAYNE, WY 83112
Loan Number:
0056725674
THE TERMS OF THE LOAN CONTAIN PROVISIONS WHICH WILL REQUIRE A BALLOON PAYMENT
AT MATURITY.
THE AMORTIZATION OF PRINCIPAL AND INTEREST IS BASED ON A 30 YEAR FACTOR AND
WOULD AMORTIZE THE PRINCIPAL LOAN ON A 30 YEAR SCHEDULE, BUT SINCE THE FULL
BALANCE IS PAYABLE IN 180 MONTHS,ABALLOONPAYMENTOF$ 28,656.93 WILL
BE REQUIRED ON May 1st , 2021
The loan is payable in full at the end of 15 year(s). You must repay the entire principal balance of
the loan and the unpaid interest then due. The lender is under no obligation to refinance the loan at that time.
You will, therefore, be required to make payment out of other assets you may own, or you will have to find a
lender willing to lend you the money at the prevailing market rate, which may be considerably higher or lower
than the rate on this loan.
If you refinance this loan at maturity, you may have to pay some or all closing costs normally associated with a
new loan, even if you obtain refinancing from the same lender.
I/We hereby acknowledge receipt of the above notice relating to the balloon payment provision of this loan, which
have also been explained to me/us.
(Seal)
-Borrower
(Seal)
- Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
- Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Balloon Payment Rider - No CRR 0605
Page 1 of 1
FH6D03X
091..7825. .
COO(50
0056725674
RIDER TO DEED OF TRUST/MORTGAGE/SECURITY DEED
Date:
4/21/2006
The escrow of taxes and insurance required in Paragraph 2 of your DEED OF
TRUST/MORTGAGE/SECURITY DEED to
FIRST HORIZON HOME LOAN CORPORATION
is hereby waived and you are notified that you are not required to deposit with
FIRST HORIZON HOME LOAN CORPORATION
any of the amounts set forth in said paragraph, provided:
(a) Escrows for future taxes and insurance premiums are being collected and maintained by
the holder or servicer of the mortgage loan superior to our lien; or
(b) If you pay your own taxes and insurance premiums, you fulfill your obligation to keep
taxes and insurance premiums current with respect to the property secured hereby.
This waiver does not, in any way, release you from your obligation to make escrow payments of taxes
and insurance to the holder of any prior mortgage, nor does it relieve you of your obligation to keep
taxes and insurance premiums current with respect to the secured property.
All payments will be applied first to the accrued interest and next to the unpaid principal of your loan.
The exact amount of your final payment, finance charge, and total of payments will be somewhat more
or less than the amounts shown if we do not receive each payment on the scheduled payment date.
RECEIPT ACKNOWLEDGED:
!;J.~~
BBRA JOHANN - -N - .
2nd Rider
CB6D082 Revised 8/01