HomeMy WebLinkAbout922594
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PHHLC - POST CLOS:ING MA:IL ROOM
000179 OJ)()S02
'il
1555 W WALNUT HILL LN '200 MC 6712
:IRV:ING TX, 75038
Prepared By:
F:IRST HOR:IZON HOMB LOAN CORPORAT:ION
1315 SOUTH H:IGHWAY 89, SU:ITB 101
JACKSON, WY 83001
CEIVED 8/10/2006 at 4:13 ~M
CEIVING # 921174
BOOK: PAGE: 802
JEANNE R
LINCOLN COUNTY CLERK, KEMM
íWY
(Space Above ThIs Llae For Recordlag Data)
State of Wyoming
A Case No.
MORTGAGE
591-0990614-703
MUN 100085200586852727
l/~
THIS MORTGAGE ("Security Instrument") is given on August 8th, 2006
The Mortgagor is CASBY TRAVJ:S JORGENSON &:
HEATHBR ANN JORGENSON, HUSBAND &: W:IPE
RECEIVED 9/19/2006 at 3:47 PM
RECEIVIN~ # 922594
BOOK: 634 PAGE: 179
JEANNE WAGNER
.. .. LINCOLN COUNTY CLERK, KEMMERER, WY
ii,
ì
,<"Borrower"). 'This Secwity Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as
nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and
existing under the laws of Delaware, and bas an address and telephone number of P.O. Box 2026,
Flint, MI 48501-2026, tel. (888) 679-MERS.
F:IRST HOR:IZON HOMB LOAN CORPORAT:ION
("Lender") is organized and existing under the laws of THB STATB OF ItANSAS
bas an address of 4000 Horizon Way
:Irving, Texas 75063
TWO HUNDRED ONE THOUSAND B:IGHT HUNDRED
, and
. Borrower owes Lender the principal swn of
TH:IRTY TWO &: 00/100
Dollars (U.S. $ 201,832.00 ).
This debt is evidenced by Borrower's note dated the same date as this Secwity Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1st,
2036 . This Secwity Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other swns, with
interest, advanced under paragraph 7 to protect the security of this Secwity Instrument; and (c) the performance of
Borrower's covenants and agreements under this Secwity Instrument and the Note. For this purpose, Borrower does
hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and
0058685272
FHA WyomJog Mortgage db MERS . 4/%
.-4N(WY) (06011) Ameaded 2/01
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Inillall: ~
VMP Mort""". Solution., Inc. (.1" .s
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11111111 11111 1111 11111 11111111 1111
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NOTE: This serves to correct that certain mortgage recorded August 10. 2006
in Book 629PR on page 802 to add Manufactured Home Rider.
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assign'!) and to the successors and assigns of MERS with power of sale, the following described property located in
Lincoln County, Wyoming:
LOT 88 OF NORDIC RANCHES DIVISION NO.7, LINCOLN COUONTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 8,1996 AS INSTRUMENT NO.
819464 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
Parcel ill Nwnber:
which bas the address of
Etna
247 BUCKSKIN WAY
(City), Wyoming 83118
(Street)
(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. All replacements and addition'! shall also be covered
by this Security Instnnnent. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower
understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instnnnent;
but, if 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, 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 Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and bas the right to
mortgage, gráDt and convey the Property and that the Property is unencwnbered, except for encwnbrances of record.
Borrower warrants and will defend generally the title to the Property agaimt all claims and demands, subject to any
encumbrances of record.
THIS SI:;CURITY INSTRUMENT combines uniform covenants for national use and non-unifOIDl covenants with
limited variation'! by jurisdiction to con'!titute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest aud Late Charge. Borrower shall pay when due the principal of, and interest
on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurauce aud Other Charges. Borrower shall include in each monthly payment,
together with the principal and interest as set forth in the Note and any late charges, a swn for (a) taxes and special
assessments levied or to be levied agaimt the Property, (b) leasehold payments or ground rents on the Property, and (c)
premiwns for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance
premiwn to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premiwn
would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i)
a swn for the annual mortgage insurance premiwn to be paid by Lender to the Secretary, or (ü) a monthly charge instead
of a mortgage insurance premiwn if this Security Instrument is held by the Secretary, in a reasonable amount to be
determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and
the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximwn amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act
of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulation'!, 24 CFR Part 3500, as they may be amended
from time to time ("RESPA "), except that the cushion or reserve permitted by RESPA for WlaIlticipated disbursements
or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the
mortgage insurance premiwn.
0058685272
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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 RESP A.
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 imtalhnent items (a), (b), and (c) and any mortgage imurance premiwn imtalbnent that Lender has not become
obligated to pay to the Secretary, and Lender shall promptly refimd 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 all imtalhnents for items (a), (b), and (c).
3. AppUcation of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
Firs!, to the mortgage insurance premiwn to be paid by Lender to the Secretary or to the monthly charge by the
Secretary imtead of the monthly mortgage imurance premiwn;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
imurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. 1bis imurance shall be maintained in the amounts and for the periods that Lender requires.
Borrower shall also imure all improvements on the Property, whether now in existence or subsequently erected, against
loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender.
The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and
in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each imurance company concerned is hereby authorized and directed to make payment for
such loss directly to Lender, imtead of to Borrower and to Lender jointly. All or any part of the imurance proceeds may
be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security
Instrument, firŠt 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. Any 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 imurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
LeasehoI€k. 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 Property as Borrower's principal residence for at least one year after the date of occupancy,
unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances
exist which are beyond Borrower's comol. Borrower shall notify Lender of any extenuating circumstances. Borrower
shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may impect 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 abandoned Property. Borrower
.-4N(wy) (O!i\)g)
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shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information
or statements to Lender (or failed to provide Lender with any material information) in colUlCction with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property
as a principal residence. If this Secwity Instrument is on a leasehold, Borrower shall comply with the prpvisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees
to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby
assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains wpaid under the
Note and this Secwity Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note
and this Secwity Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to
prepayment of principal. Ally 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. Ally excess proceeds
over an amount required to pay all outstanding indebtedness under the Note and this Secwity Instrument shall be paid to
the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
govermnental or mW1Ìcipal 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 malœ these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Secwity 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 payment of taxes, hazard insmance and other items mentioned in paragraph 2.
Ally amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secmed by this Secwity Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate,
and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Secwity Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secmed by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secmes from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Secwity Instrument. If Lender determines that any part of the Property is subject to
a lien which may attain priority over this Secwity Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(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 swns secmed by this Secwity Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Secwity Instrument
prior to or on the due date of the next monthly payment, or
(ü) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in
this Secwity 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 swns secmed by this Secwity Instrument if:
.-4N(WY) (05OQ)
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(i) All or part of the Property, 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
(ü) The Property is not occupied by the purchaser or grantee as bis or her principal residence, or the
purchaser or grantee does so occupy the Property but bis or her credit has not been approve4 in accordance
with the requirements of the Secretary.
(c) No Waiver. If circwnstances occur that would permit Lender to require itmnediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of IRJD Secretary. In many circwnstances regulatiom issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid.
This Security Imtrmnent does not authorize acceleration or foreclosure if not permitted by regulations of the
Secretary .
(e) Mortgage Not Insured. Borrower agrees that if this Security Imtrmnent and the Note are not determined to
be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at
its option, require immediate payment in full of all swns secured by this Security Imtrmnent. A written
statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining
to insure this Security Imtnunent and the Note, sball be deemed conclusive proof of such ineligibility.
Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of
insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required itmnediate payment in full because
of Borrower's failure to pay an amount due under the Note or this Security Imtnunent. This right applies even after
foreclosure proceedings are instituted. To reinstate the Security Imtrmnent, Borrower shaJI 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 Imtrmnent, foreclosure costs and reasonable and customary attorneys' fees and expemes properly
associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Imtrument and the
obligations that it secures sha1l remain 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 conunencement of
foreclosure proceedings within two years immediately preceding the CODDDencement of a current foreclosure
proceeding, (ü) reinstatement will preclude foreclosure on different grounds in the future, or (ill) reinstatement will
adversely affect the priority of the lien created by this Security Imtrmnent.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the swns secured by this Security Imtnunent granted by Lender to any successor in
interest of Borrower shaJI not operate to release the liability of the originaJ Borrower or Borrower's successor in interest.
Lender shaJI not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the swns secured by this Security Imtrument by reason of any demand
made by the originaJ Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right
or remedy shaJI not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of
this Security Imtrmnent shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements sball be joint and several. Any Borrower who
co-signs this Security Imtrument 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 Instnunent; (b) is
not personally obligated to pay the swns secured by this Security Imtrument; and (c) agrees that Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without that Borrower's consent.
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13. Notices. Any notice to Borrower provided for in this Secwily Instrument shall be given by delivering it or by
mailing it by first class mail WJless applicable 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 address stated herein or any address Lender designates by notice to Borrowe.r. Any notice
provided for in this Secwily Instrmnent shall be deemed to have been given to Borrower or Lender when given as
provided in this paragraph.
14. Governing Law; Severability. This Secwily Instrument shall be governed by Federal law and the law of the
jwisdiction in which the Property is located. In the event that any provision or clause of this Secwily Instrmnent or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Secwily Instrmnent or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Secwily Instrmnent and
the Note are declared to be severable.
IS. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Secwily Instrmnent.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, 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 of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of sma1l quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential 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
Enviromnental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authorily, that any removal or other remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petrolewn
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the
jmisdiction where the Property is located that relate to health, safely or enviromnental protection.
NON-UNIFORM COVENANTS. Borrower and Lender fin1her covenant and agree as follows:
17. Assig.....ent of Rents. Borrower \UlCOnditionally assigns and transfers to Lender all the rents and reveJWes of
the Property. Borrower authorizes Lender or Lender's agents to collect the rents and reveJWes and hereby directs each
tenant of tIle 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 Secwily Instrwnent, Borrower shall collect and receive all rents
and reveJWes of the Property as trustee for the benefit of Lender and Borrower. This assigmnent of rents constitutes an
absolute assignment and not an assignment for additional secwily only.
If Lender gives notice of breach to 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 tIle Secwily 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 upon, 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
assigmnent of rents of the Property shall terminate when tIle debt secured by the Secwily Instrwnent is paid in full.
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18. Foreclosure Procedure. U Lender requires immediate payment in full under paragraph 9, Lender may
invoke the power of sale and any other remedies permitted by appUcable law. Lender shall be entitled to collect
all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not Umlted to,
reasonable attorneys' fees and costs of tide evidence.
U 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 give notice of
the sale to Borrower in the manner provided in paragraph 13. Lender shall publish the notice of sale, and the
Property shall be sold in the manner prescribed by applicable law. Lender or Its designee may purchase the
Property at any sale. The proceeds of the sale shall be applied in the foUowing order: (a) to all expenses of the
sale, Including, but not Umlted to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument;
and (c) any excess to the persOD or persons legally entided to It.
U the Lender's interest in this Security Instrument Is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided
in the Singie Family Mortgage Foreclosure Act of 1994 ("Act") (12 V.S.C. 3751 et seq.) by requesting a
foreclosure commissioner designated under the Act to commence foreclosure and to seD 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 rights of homestead exemption in the Property and relinquishes all rights of
curtesy and dower in the Property.
21. Riden to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)].
D Condominiwn Rider
D PJannèd Unit Development Rider
D Growing Equity Rider
D Graduated Payment Rider
[XJ Other [specifY]
Manufactured Home Rider to
Security Instrument
0058685272
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0001.86
00080~
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Secwity Instnnnent and in any
rider(s) executed by Borrower and recorded with it.
Witnesses:
0058685272
.-4N(WY) (06011)
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0001.87
000810
STATE OF WYOMING, LINCOLN County 55:
The foregoing instrument was acknowledged before me this Y ~/ ~ dJ ~ ¿;t 00 t
by CASEY TRAVIS JORGENSON ~ HEATHER ANN JORGENSON
My Commission Expires:
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MY COMMISSKIt EXPIRES JUNE 211 m
State of Wyoming )
)ss
County of Lincoln )
The foregoing instrument was acknowledged before me t I~~
of SEptember, 2006 by Casey Travis Jorgenson
My Commission Expires:
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Not
LAYNA HADE_RUE .- NOTARY PUBLIC
County of State of
LIncofn WyomIng
My Commission Expires Februa 26, 2008
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AUG-OB-2006 09:13
First Horizon
307 734 7891
P.01
0001.88
FIRST09~~5~~1
~ HORIZON.
HOM!! LOANS
Record and Return D by Mail 0 by Pickup to:
FHHLC Post Closing Mail Room
1555 West Walnut HiU Lane. #200MC
lrvinll. Texas 75038
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
This Rider is made this ~ and is incorporated into and amends and supplements the
Mort8a¡C. Qpeo.End Mo g, Deed of Trust, or Credit Line Deed of Trust, Security Deed ("Security
Instrument") ofthc same date given by the undersigned ("Borrower") to secure Borrower's Note to
'int Horl¡on Home Loan Corporation ("Lender")
of the same date ("Notc") and covering the Property described in the Security Instrument and locatcd at
o?¢7 r?5u.C!k~;.;r) Ú.n -)h..l E'1-~ ~J..I W)I ¡¡ .3/1 pi
(Property Address)
Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows:
I. Meaning of So",. Words. As used in this Rider, the term "Loan Documents" means the Note.
the Security Instrument and any Construction Loan Agreement, and the term "Property", 85 that
. term is defined In the Security Instrument, includes the "Manufactured Home" described in
paragraph 3 of this Rider. All tenns defined in the Note or the Security InsU'Ument shall have the:
same meaning in this Rider.
2. PurpoH and EfTect 01 Rider. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN
THIS RIDER AND TIiOSE IN THE SECURITY rNSTRUMENT, THE PROVISIONS IN THIS
RJDER SHALL CONTROL. THE CONFLICTING PROVISIONS IN THE SECURITY
INSTRUMENT WILL BE ELIMINATED OR MODIFIED AS MUCH AS IS NECESSARY TO
MAKE ALL OF THE CONFLICTING TERMS AGREE WITH THIS RIDER.
3. Leader's Seçurity Interest. AU of Borrowcrts obligations secured by the Security Instrument
also shall be sccured by the Manufactured Home:
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4. Amx8don.
(a) to affix the Manufactured Home to a pennanent foundation on the Property;
(b) to comply with .11 Applicable Law regarding the affixation of the Manufactured Home to
the Propert}l;
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307 734 78S1
P.02
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(c) upon Lender's reqLlest, to surrender the certiñcate of title to the Manufactured Home. If
surrender is permitted by Applicable Law, and to obtain the requisite governmental
approval and documentation necessary to classifY the Manufactured Home as real
property under Applicable Law;
(d) that affIXing the Manufactured Home to Ú1c Property docs not violate any zoning laws or
other local requirements applicablc to the Property;
(c) that the Manufactured Home will be, at all times and for all purposes, permanently
affixed to and part of the Property.
0001.89
S. Cbar¡Q~ Liens. Section 4, Paragraph I of the Securily Instrument is amended to add II new third
sentence 10 re8d~
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph and receipts evic:kncing [he payments.
6. Property Jasuranee Seelion S, Paragraph I orthe Security Instrument is amenœd to add a new
second sentence to read:
Wheneverlhe Manufactured Home is transported on the highway, Borrower muse have
trip insurance.
7. Notices. The second sentence of Section I S of the Security Instrument is amended by inserting
the words "unless otherwise required by law" ae the end.
S. Additloaal Events olDeraolt.
Cs) ¡fany 5tructure on the Property, including the Manufactured Homc, shall be removed,
demolished, or substantially altered;
(b) ¡fBorrower fails to comply with any requirement of Applicable Law (Lender, however,
may comply and add the expense to the principlll balance Borrower owes to Lender); or
(c) if Borrower grants or pennies any lien on the Property other than Lcnder',s lien. or liens
for taxes and assessments that are not yet due and payable.
9. Notice ofDcfBult. If required by Applicable Law, beforc using a remedy, Lendcr will send
Borrowcr any notice required by law, and wait for any cure period that the law may require for
that remedy.
10. Additional Rights of Lender in Event of Foreclosure and Sale. In addition to those rights granted
in the Note and Security Instrument, Lender shall have the following rights in the event Lender
commences proœcdings for the foreclosure and sale oftbe Property.
<a> At Lender's option, to the extent pennitted by Applicable Law, Lender may e1ect to treat
the Manufactured Home as personal property ("Personal Property Collateral"). Lender
may repossess peacefully from the place where the Personal Property Collateral is located
without Borrower'. po~I..lon. LondoI' alao ma)' I'OqulrQ 90rl'O'WQr to make the Þaraanal
Propr:rty Collacerat availAlblQ to Lçndcr at . plac:e Lend~r d..i¡nates that is r.asonably
convenient to Lender and Borrower. At Lender's option. to the extent pennihed by
Applicable Law, Londer may detach and remove Personal Propcny Collateral from the
Property, or Lend~r may take possession of it and leave it on the Property. Borrower
agrees to c:ooperate with Lender if lender exercises these rights.
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AUG-08-2006 09:13
First Horizon
307 734 7891
P.03
0001.90
(b) After lender repossesses, lender may sell the Personal Property Collateral and apply the
sale proceeds to Lender's reasonable repossession, repair, storage, and sale expenses, and
then toward any other amounts Borrower owes under the Loan Documents.
(c) In the event of any foreclosure sale, whether made by Trustee. or under judgment of a
court, all of the real and Personal Property Collateral may, at the option of lender, be
sold as a whole or in parcels. It shall not be necessary to have present at the place of such
sale the Personal Property Collateral or any part thereof. Lender as well as TruSlee on
Lender's behalf. shall have all the rights, remedies and recourse wilh respeCt to the
Personal Property Collateral afforded to a "Secured Party" by Applicable Law in addition
to, and not in limitation of, the other rights and recourse afforded Lender andlor Trustee
under the Security Instrument.
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By signing below. BOlTOwcr accepts and agrees to the terms and covenants contained in this Rider
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STATE Of
Wyomiru!:
COUNTY OF
6/~
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On the L day of A j ~ /1./..1 A ~ in the year d ð ¡j .t
Before me, the undersigned, a NO~~;I:~o~ slid State, persOnally appeared
Casey Travis Jorgenson and Heather Ann Jorgenson
, personall)' known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in his/her/their capaclty(ics), and that by hislher/their signature{s) on the instrument,
the individual(s). or the person on behalf of which the Indlvldual(s) acted, executed the instrument.
N$ Ii ol~
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Nota~ted Name
~;'d>
Notary Pub jc~ State of
Qualified in the Count)' of
My commission expires:
JILL H·lAßSON . if¡ C
Q»m'Œ _. sum: OF
. l.I!Im _ W'rUMIf«)
MY !XIIM1SSQi EXPIRES JUNE 2D 2JIT1
Drafted By:
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