HomeMy WebLinkAbout922828
, .''; ~::::~N7¿:(,:.
! ,', ,,...-:"..H¡t~";..
:-. . /::¡~¡j¡j¡~J~1¡:::!~ .
" ......~.~."
. ':":::jtMiji:: ,
,:::lr~'~;r::
~Dlg2- L~)
000097
Return To:
FHHLC - POST CLOSiNG MAiL ROOM
1555 W WALNUT HiLt LN #200 MC 6712
IRVING TX, 75038
1315 SOUTH ,iGHWAY 89, SUITE 101
JAClCSON, WY 83001
,
,
RECEIVED 9/27/2006 at 10:46 AM
RECEIVING # 922828
BOOK: 635 PAGE: 97
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
Prepared By:
FiRST HORiZON HOME LOAN CORPORATiON
[Space Above This Line For Recordin& Data]
FHA Cuc No.
State of Wyoming
MORTGAGE
591-0992883-703
NUN 100085200591039039
TIllS MORTGAGE ("Security Instrument") is given on September 25th, 2006
The Mortgagor is ROBERT LLOYD RUTHERFORD, AN UNMARRiED MAN
("Borrower"). This Security 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 has an address and telephone number of P.O. Box 2026,
Flint, MI 48501-2026, tel. (888) 679-MERS.
FiRST HORiZON HOME LOAN CORPORATiON
("Lender") is organized and existing under the laws of THE STATE OF KANSAS
has an address of 4000 Horizon Way
irving, Texas 75063
ONE HUNDRED EIGHTY SEVEN THOUSAND EIGHT HUNDRED
,and
. Borrower owes Lender the principal sum of
FIFTY TWO & 00/100
Dollars (U.S. $ 187,852.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Noæ"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on Oc tober 1s t ,
2036 . This Security 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 sums, with
interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of
Borrower's covenants and agreements under this Security 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
0059103903
FHA Wyoming Mortgage with MERS . 4/96
.-4N(WY) (0509) Amended 2/01
page~ 01 9 Inlllal~ ~
VMP Mortgage Solution" Inc.
11111111111111111111111111111111111
/
U~;¿2828
000098
assigns) and to the successors and assigns of MERS with power of sale, the following described property located in
Lincoln County, Wyoming:
LOT 33, PALIS PARX SUBDIVISION, ACCORDING TO PLAT NO.165 BEING A
PART OF THE Nl/2SE1/4 AND THE SW1/4NE1/4 OF SECTION 29, T37N,Rl18W,
6TH P.M., LINCOLN COUNTY, WYOMING
Parcel ill Number:
which has the address of
ALPINE
191 CANYON VIEW DRIVE
[City), Wyoming 83128
[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 additions shall also be covered
by this Security Instrument. 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 Instrument;
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 has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest
on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment,
together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special
assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c)
premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance
premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium
would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i)
a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ü) a monthly charge instead
of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be
detennined 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
maximum 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 regulations, 24 CFR Part 3500, as they may be amended
from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the
mortgage insurance premium.
0059103903
.-4N(WY) (05011)
~
Inllial~~
Pagll2 Qf II
i:~;::::::::*~:::::l.
~.~.~.~.t.~,;::~.:;,
ifl~~i;ii
.".......".
'1"
092Z8~S
00009S
If the amounts held by Lender for Escrow Items exceed the amounts pennitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts offunds 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 installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become
obligated to pay tp the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to
a foreclosure sak of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance
remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows:
mi, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mongage insurance premium;
~, to any taxes, special assessments, leasehold payments or ground rents, and fIre, flood and other hazard
insurance premiums, as required;
1J:!inl, to interest due under the Note;
Ew.n1h, to amortization of the principal of the Note; and
Eifih, 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. This insurance shall be maintained in the amounts and for the periods that Lender requires.
Borrower shall also insure 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 insurance company concerned is hereby authorized and directed to make payment for
such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may
be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security
Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or
(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend
or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such
payments. 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 insurance policies in force shall pass to the purchaser.
s. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall
continue to occupy the 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 control. 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 inspect the Property if the Property is vacant or abandoned or the loan is
in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower
.-4N(WY) (0509)
~
Page 3 of 9
Inltla~~
;1,;
....,' i.I.~......,.'
,. :···::::¡:~¡¡¡~tf:1:¡:· ;.:
<,."".,f.iil.".;,-,
::;:,/111:
.. ..."...,~,.."
·:·...:·;:::·~:···:¡j¡¡¡!¡!j~r~¡ft~j!:··· .
·::\t?:,:>:::~::::: ;:': .'
.,. ',:,';',',
,.;':¡',..._.....,
,~,'.. ';:..... .. ....',
.. .....
U9~~828
ooo~oo
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 connection 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 Security Instrument is on a leasehold, Borrower shall comply with the ptovisions 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 condemnatiop 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 unpaid under the
Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note
and this Security Instrument, fIrst to any delinquent amounts applied in the order provided in paragraph 3, and then to
prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the
monthly payments, which are refened to in paragraph 2, or change the amount of such payments. Any excess proceeds
over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to
the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fmes and impositions that are not included in paragraph 2. Borrower shall pay these
obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's
interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these
payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights
in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts. shall bear interest from the date of disbursement, at the Note rate,
and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or 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) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to
a lien which may anain priority over this Security 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 sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ü) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in
this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 34 I (d) of
the Gam-St. Germain Depository Institutions Act of 1982, 12 V.S.C. 1701j-3(d» and with the prior approval of
the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
.-4N(WY) (0508)
!»
Page 4 of 8
Inltl~~
:¡:)¡::::~:~:r:~:!Iii;j!
:'!ii):i!!i[iW~:I'::'
.:::;I¡¡i¡¡¡I¡i¡¡¡¡¡¡i}:::;·
;:; :~:::::::::::::::::,';
:;:;:::::;:::::::;:¡::.;'
..
.:,"',' i:'.
.' .,-,"¡
'.\J~;¿;¿82b
OOO~Oj.
(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 his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance
with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would pennit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations 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 Instrument does not authorize acceleration or foreclosure if not pennitted by regulations of the
Secretary .
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not detennined 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 sums secured by this Security Instrument A written
statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining
to insure this Security Instrument and the Note, shall 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 immediate payment in full because
of Borrower's failure to pay an amount due under the Note or this Security Instrument This right applies even after
foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all
amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under
this Security Instrument, foreclosure costs and reasonable and customary anomeys' fees and expenses properly
associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the
obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However,
Lender is not required to pennit reinstatement if: (i) Lender has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (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 Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right
or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of
this Security Instrument 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 shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Instrument; (b) is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security
Instrument or the Note without that Borrower's consent
.-4N(WY) (0509)
~
Page 5 of 9
Inltia~~
/
::j\li)
. .:':ì.)¡¡¡:¡¡¡¡¡~~¡1;:¡:¡:r
U922828
OOO~02
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first cJass mail unless 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 Borrdwer. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federa1law and the law of the
jurisdiction in wþich the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts wlth applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or pennit 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 small 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
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, 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 Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defmed as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and
radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of
the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each
tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of
Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents
and revenues of the Property as trustee for the benefIt of Lender and Borrower. This assignment of rents constitutes an
absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach 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 the Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due
and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perfonn 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
assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
.-4N(WY) (0509)
œ>
Inllla~~
Page S of 9
!::j::i*~;'::::::::~
~!j:.fí~'~I! ~f:':':;J
U92282S
OOO~03
18. Foreclosure Procedure. If Lender requires immediate payment in fuD under paragraph 9, Lender may
invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to coDect
aD expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shaD give notice of intent to foreclose to Borrower and to the
person in possession of the Property, ü düferent, in accordance with applicable law. Lender shaD give notice of
the sale to Borrower in the manner provided in paragraph 13. Lender shaD publish the notice of sale, and the
Property shaD þe sold in the manner prescribed by applicable law. Lender or its designee may purchase the
Property at any sale. The proceeds of the sale shaD be applied in the foDowing order: (a) to aD expenses of the
sale, including, but not limited to, reasonable attorneys' fees; (b) to aD sums secured by this Security Instrument;
and (c) any excess to the person or persons legally entitled to it.
If 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 Single 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 sell the Property as provided
in the Act. Nothing in the preceding sentence shaD deprive the Secretary of any rights otherwise available to a
Lender under this Paragraph 18 or applicable law.
19. Release. Upon payment of aD 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 aD rights of homestead exemption in the Property and relinquishes aD rights of
curtesy and dower in the Property.
21. Riders to tbis 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 shaD amend and
supplement the covenants and agreements of this Security Instrument as if Ùle rider(s) were a part of this Security
Instrument. [Check applicable box(es)].
o Condominium Rider
o Planned Unit Development Rider
o Growing Equity Rider
o Graduated Payment Rider
o OÙler [specify]
0059103903
.-4N(WY) (0509)
¡a¡
Page 7 of 9
10111::1 ~
/
., .
.ìJ9~~82S
000:104
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any
rider(s) executed by Borrower and recorded with it
Wiblesses:
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
0059103903
.-4N(WY) (0509)
œ>
:¡l~iii~t ¡¡;·¡¡;û¡~;~¡t'
'I·'~'.i~"·'·.· .
i.d!!~:£D~J.;!'
~~\ ~
l-L.cJ....'Ù
~t:bc. (V ( f\\A.\\ \CV .Ç Ot d
ROBERT LLOYD RUTHERFORD
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Pag.. 8 01 9
", ".jj.~¡~il·.i.',.;
':;:i*:p.::¡::!:!::;;J
U~~282S
STATE OF WYOMING,
LINCOLN
::;;::f.:r.;.:::::::;::-:'
0001.05
County ss:
The foregoing instrument was acknowledged before me this
by ROBERT LLOYD RUTHERFORD
~ {;>-tS" f Ob
My Commission Expires: (o{ç(wo 1
0059103903
.-4N(WY) (05011)
~
[~-~ .{11:;--
Notary Public .
KAREN 1. WYLIE· NOTARY PU&Jc"'1
~unty of ~ State 01 1
Uncoln ~ Wyoming ,\
MyC~;"J.rg~~
Page II of II
/
~¡~~!
"""".-.'
.::;::~:< .,'..: .
~;)",,:tJ)!"(~~
iJ~J~;¿8ZS
~ FIRST
L~ HORIZON~
HOME LoANS
Record and Return D by Mail D by Pickup to:
FHHLC Post Closing Mail Room
1555 West Walnut Hill Lane, #200MC
Irving, Texas 75038
000106
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
This Rider is made this ¥2~ Ob, and is incorporated into and amends and supplements the
Mortgage, Open-End Mo gage, eed of Trust, or Credit Line Deed of Trust, Security Deed ("Security
Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note to
First Horizon Home Loan Corporation
("Lender")
ecurity Instrument and located at
. wy C¡31~8
Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows:
1. Meaning of Some 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", as that
term is defined in the Security Instrument, includes the "Manufactured Home" described in
paragraph 3 of this Rider. All terms defined in the Note or the Security Instrument shall have the
same meaning in this Rider.
2. Purpose and Effect of Rider. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN
THIS RIDER AND THOSE IN THE SECURITY INSTRUMENT, THE PROVISIONS IN THIS
RIDER 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. Lender's Security Interest. All of Borrower's obi igations secured by the Security Instrument
also shall be secured by the Manufacturep Home:
(JWðR
o. Serial No.
4. Affixation.
(a) to affix the Manufactured Home to a permanent foundation on the Property;
(b) to comply with all Applicable Law regarding the affixation of the Manufactured Home to
the Property;
Page I of3
mj~;m¡m;m;1~¡j¡:;
· 922F"J'b
{) (ctu~~ Lender's request, to surrender the certificate of title to the ManufacturlJaQ107
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 the Property does not violate any zoning laws or
other local requirements applicable to the Property; \
(e) that the Manufactured Home will be, at all times and for all purposes, permanently
affixed to and part of the Property.
5. Charges; Liens. Section 4, Paragraph 1 of the Security Instrument is amended to add a new third
sentence to read:
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph and receipts evidencing the payments.
6. Property Insurance Section 5, Paragraph 1 of the Security Instrument is amended to add a new
second sentence to read:
Whenever the Manufactured Home is transported on the highway, Borrower must have
trip insurance.
7. Notices. The second sentence of Section 15 of the Security Instrument is amended by inserting
the words "unless otherwise required by law" at the end.
8. Additional Events of Default.
(a) if any structure on the Property, including the Manufactured Home, shall be removed,
demolished, or substantially altered;
(b) if Borrower fails to comply with any requirement of Applicable Law (Lender, however,
may comply and add the expense to the principal balance Borrower owes to Lender); or
(c) if Borrower grants or permits any lien on the Property other than Lender's lien. or liens
for taxes and assessments that are not yet due and payable.
9. Notice of Default. If required by Applicable Law, before using a remedy, Lender will send
Borrower 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 proceedings for the foreclosure and sale ofthe Property.
(a) At Lender's option, to the extent permitted by Applicable Law, Lender may elect 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's permission. Lender also may require Borrower to make the Personal
Property Collateral available to Lender at a place Lender designates that is reasonably
convenient to Lender and Borrower. At Lender's option, to the extent permitted by
Applicable Law, Lender may detach and remove Personal Property Collateral from the
Property, or Lender may take possession of it and leave it on the Property. Borrower
agrees to cooperate with Lender if Lender exercises d1ese rights.
Page 2 of3
)::;j)¡:~~~~:¡¡f::.:::>, .
U92;¿S2b
00010S
(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 trustee on
Lender's behalf, shall have all the rights, remedies and recourse with 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 and/or Trustee
under the Security Instrument.
By signing below, Borrower accepts and agrees to the terms and covenants contained in this Rider
flØ- l.LO'I\>
~\ v ~~\""e.r ~ ~
Borrower Borrower
STATE OF
Wyoming
COUNTY OF
L/~{"1
) ss.:
)
On the ?~ day of ~ ~ in the year '2D:::> /.c>
Before me, the undersigned, a Notary Public in and for said State, personally appeared
p-oh.(¿.ýf- L/Ð'td ~ fo~
, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s~e) subscribed to the within instrument ~cknowledged to me that he/she/they
executed the same in hislher/their capacity(ies), and that b~er/their signature(s) on the instrument,
the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument.
~;;)-~
Notary Signature
Þ=evvt-. T Lfl¡ (c è
Notary Printed Name
Notary Public; State of
Qualified in the County of
My commission expires:
Official Seal:
~ OU1., f.-t. C)
'-tv-. GD (..,
to {S;t 2oc.=Ii
f~~KARENT~.N. OTAAYPúBúG~~l
hI f .'. State of 1\
Co.un., 0 ~~.;:~' Wyoming \.
¡. Lincoln '. . "
Ì' My Commlstlon Fxpires I o{ -c¡¡~
~,.-..,.,...........~........~""".,;/*'....;..f~ ..,;.-.........---....
Drafted By:
Page 3 of3
~¡~¡i¡mmi:::::m!~
m:::~:~~m:::f.::::~
C'·-'}¡'~'·.~'!j,·I~b
: :)_Jlili~~~Š!iif~m
:-:. :.:~ ,.:
,'f'··
.... ?,i'i,;.~
U922828
~ FIRST
-'" HORIZON..
HOME LOANS
Record and Return 0 by Mail Dby Pickup to:
First Horizon Home Loans Corporation
Post Closing Mail Room
1555 W. Walnut ,Hill Lane #200MC
Irving, Texas 75038
000109
MANUFACTURED HOME
AFFIDA VIT OF AFFIXATION
STATE OF Wyoming
·COUNTY OF L,' Nl!DI...N
)
) ss.:
)
BEFORE ME, the undersigned notary public, on this day personally appeared
7<oh~r+ UOjoL 'RU40R..D
[type the name of each Homeowner signing this Affidavit):
known to me to be the person(s) whose name(s) is/are subscribed below (each a "Homeowner"), and who, being
by me first duly sworn, did each on his or her oath state as follows:
1. Homeowner owns the manufactured home ("Home") described as follows:
r:2ðOóL CJakU)C>éJj)~m~ ð/-5;J~F.J ~WC)R23N:2S913
Ne~ Year Manufacturer's Name ~odel Name or Model No. Mfg. Serial No. LengthlWidth
S¿'.3 X 27.3
2. The Home was built in compliance with the federal Manufactured Home Construction and Safety
Standards Act.
3. . If the Homeowner is the first retail buyer of the Home, Homeowner is in receipt of (i) the
manufacturer's warranty for the Home, (ii) the Consumer Manual for the Home, (iii) the Insulation
Disclosure for the Home, and (iv) the fonnaldehyde health notice for the Home.
4. The Home is or will be located at the following "Property Address":
Jq
ATTENTION COUNTY CLERK: This instrument covers goods that are or are to become fixtures on the
Land described herein and is to be filled for record in the records where conveyances of real estate are recorded.
Page 1 of 4
: 'n.....þ282S
1j.J- <6
.........~..t..
.',..
...
5.
0001.1.0
ThA lAnai deCOf'r 'pt;on nf th", Pr"perh. A ~drecor ("I ..n~") ,. co t,.n"'d h"'ln... nr nlnnnn nnn nttnnhnd Ingnl
a.......õ ""'...... VI. ...........v .") J"U ..,).,) &..........u .:J ")1-'''''' u\",. V~. VI P ,",".3\,.. .3\..'-' Ul.UU..,U,,", 1\.. "
description:
See attached exhibit a for legal desription
6.
The Homeowner is the owner of the Land or, if not the owner of the Land, is in poss~ssion of the
real property pursuant to a lease in recordable form, and the consent of the lessor is åttached to this
Affidavit. ~J
The Home LY" is D shall be anchored to the Land by attachment to a permanent foundation,
constructed in accordance with applicable state and local building codes and manufacturer's
specifications in a manner sufficient to validate any applicable manufacturer's warranty, and
permanently connected to appropriate residential utilities (e.g., water, gas, electricity, sewer)
("Permanently Affixed"). The Homeowner intends that the Home be an immoveable fixture and a
permanent improvement to the Land.
The Home shall be assessed and taxed as an improvement to the Land.
Homeowner agrees that as of today, or if the Home is not yet located at the Property Address, upon
the delivery of the Home to the Property Address:
(a) All permits required by governmental authorities have been obtained;
(b) The foundation system for the Home was designed by an engineer to meet the soil
conditions of the Land. All foundations are constructed in accordance with applicable state
and local building codes, and manufacturer's specifications in a manner sufficient to
validate any applicable manufacturer's warranty.
(c) The wheels, axles, towbar or hitch were removed when the Home was, or will be, placed on
the Property Address; and
(d) The Home is (i) Permanently Affixed to a foundation, (ii) has the characteristics of site-built
housing, and (iii) is part ofthe Land.
Ifthe Homeowner is the owner of the Land, any conveyance or financing of the Home and the Land
shall be a single transaction under applicable state law.
Other than those disclosed in this Affidavit, the Homeowner is not aware of (i) any other claim, lien
or encumbrance affecting the Home, (ii) any facts or information known to the Homeowner that
could reasonably affect the validity of the title of the Home or the existence or non-existence of
security interests in it.
A Homeowner shall initial only one of the following, as it applies to title to the Home:
[ ] The Home is not covered by a certificate of title. The original manufacturer's
certificate of origin, duly endorsed to the Homeowner, is attached to this Affidavit, or
previously was recorded in the real property records of the jurisdiction where the Home
is to be located.
[ ] The Home is not covered by a certificate of title. After diligent search and inquiry, the
Homeowner is unable to produce the original manufacturer's certificate of origin.
[ ] The 0 man~turer's certificate of origin Dcertificate of title to the Home
D shall be M has been eliminated as required by applicable law.
[ ] The Home shall be covered by a certificate of title.
The Homeowner designates the following person to record this Affidavit in the real property records
of the jurisdiction where the Home is to be located and upon its recording it shall be returned by the
recording officer to the same:
Name: First Horizon Home Loan Corporation
7.
8.
9.
10.
11.
12.
13.
·\1 ¡ 1"";1 i()'\ ('(II';\T\ CI.Î' H K:j liì·.: 1f::,[ili1ì";l)l1 ('.i\d-c!··.(.d', ¡!i:,! ;JI.. "¡ :'1(' in h,,, 'Ilk Ii qUI'~> ('j) II:e
? 1:;d tL>~;,:~¡th:~¡J !;;,~n,'i ¡ :ind j,,\ ,;,\ hi;.' ïiflt'd I ·ir t\:)i..'t'·¡d }II ~h<.:· n.,'''~·\)rds \\ 1,('I't' i.·'dì\.-~~~\:·~ rh.'t:·> i.-·f :'1..'-::1 c ..!¡t1~. :¡rc r{'L'L:f(k'd.
14. This Affidavit is executed by Homeowner(s) pursuant to applicable state law.
Page 2 of 4
!::~~~J:::,r*¡:::: ~,'
~~!
~i~,~~JlliiliW~f;~
~_t.
. ..
n~;¿;¿82S
\111
.: ;';':..:';.;.:':'
. ::,:.- <:;:!;;:;:~:::'::-
.' <F< :;¡¡~;¡;¡¡~¡.:;::, I.
: . ~:.;.: -:;:~:.:.;
'. \:~: :::: ~ :~;::::; .
'þ ..)~I~im~f·
.._: '. ...,,0..,..: .~.... .
:::. >::::~::::¡;::::.
';:¡¡¡¡¡mI:¡;:'
>< ::~I~~)~~!~:
":-:':';-:';':0:';':,
;.;·::¡¡::~¡~¡¡:¡¡t;,;
000111
.......
IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my presence and in the presence of the
undersigned witnesses on this ;¡.~ day of ~~ u-, '2.00 !- .
~r U-.o;~ ~lÅ~\~J(SEAL)
Homeowner #1 Witness
Printed Name
(SEAL)
Homeowner #2
Printed Name
(SEAL)
Homeowner #3
Printed Name
STATE OF
Wyoming
)
) ss.:
COUNTY OF
L( "-\.. c..ø ( &.0'\. )
Witness
Witness
Onthe~dayof ~ ¿.oob
Notary Public in and for said State, personally appeared
~~ LID~c:( ~vc:(
person~1I known to me or proved to me on the basis of satisfactory evidence to b7.:Q1e individual(s) whose
name( is e) subscribed to the within ~ument and acknowledged to me tha~e/they executed the same
in his/her their capacity(ies), and that b~er/their signature(s) on the instrument, the individual(s), or the
person on behalf of which the individual(s) acted, executed the instrument.
~d-.~ ~
Notary Signature
_~~ ,. LÙ't I, ~
Notary Printed Name
Notary Public; State of
Qualified in the County of
My commission expires:
,
Wi ~ I--t.S
Ll",",,- c..cl~
LD r'S: fWDj
Official Seal:
\
'\'; ~ ~~ 'j'f-\ ~' {")I. ?\,.¡ \ (" Î-F í·~, 1·'1.: 1 í:¡:·· ¡i-":;'! ¡¡ii ';\1 ~,._, ~ ~
Jd d\;,;.rd-j~_·.\.! h-¡,;'!\"iH :;It(~ ~.~ L1 h,;.:: ¡'¡~Ii".',J ¡U~ ¡,;<.:(.\¡-¡j ìJi the f<':..\ì!d~\ \\:h('~ft' ri.>n\·'~><HL·C", '(rt~~d (~>,¡.jL: ar:: 1\'i.:c;l'd¡:.í..t
!i·:'·>·' !:'--¡;! :Hl~ 1,"1' Jr....' !,' ¡·~(,'í )JI.." !¡>,,·!¡ji\l., ¡)1l Uh:
Lender's Statement of Intent:
Page 3 of 4
in the year before me, the undersigned, a
KAREN t WYLIE - N~;;ll~~
County of .J \
Lineal State of ',I
n Wyom"
\ My CO . L4(¿tO"
~~--~~~~~~~~'.
/
JJ9~Z82S
'j'.',
~!l,
,'.'4
. ;'>:¡~'"
000:1:12
The undersigned ("Lender") intends that the Home be an immoveable fixture and a permanent
improvement to the Land
First Horizon Home Loan Corporation
Lender
By:
STATE OF Wyoming
)
) ss.:
)
COUNTY OF L1",-c:.o(V\.
On the~S' day of ~~~ - in the year ~
Befo me, the undersigned~public in and for said State, personally appeared
C2 v\.." Go '1. ~ e.
personal~nown to me or proved to me on the basis of satisfactory evidence to ~e individual(s) whose
name(s)@Jàre) subscribed to the within instrument and acknowledged to me th~e/they executed the same
irthiS7fi}r/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
pèrst>íi' on behalf of which the individual(s) acted, executed the instrument.
~ --:J .CDO-
Notary Signature
~~ T Llll((~
Notary Printed Name
Notary Public; State of
Qualified in the County of
My commission expires:
\
lJ...\ é)¥IA ( "l. 5
Lc -- C,..ð(~
Lb~[~
Official Seal:
Drafted By:
L~TAAYPû~l
. County of ~ State ,of ~
Uncoln ~ Wyoming ~
. .~~~~~~~{5l~~
\1 íT \ nO\; CO! ;!'{T\ (!.FJ.:k: T¡;I, :n'·'Ií,n.<'J.1 ,'\,J" ':\'<I'!" 1 ¡>:it :11\ ,',f' ;II';,:~" IìC:,':'1i1l 1;\1111\::- \>11 ¡he
ì ¡>it di'\_. ¡h.>: I)U\::¡¡ ;md ì< I"~ he (;Ik.: i,., 'iT"fií 11' iÌ;,. 1(:<:;-:':\ \, ':,II1\'.:y;w,'(."; c,( IC:!! '.:~¡;¡¡.' :\Je'I\'Ùlr,kd.
40£4
1'0':':':-:', '¡:.:;:.;. ~
~:~I:ï;:;!;!;2~¡:
~:,:,:.:,:,:.:,:.:.:.:.,
.,.,.................. ..~
···~·~·:ê~'~~;::~,~