HomeMy WebLinkAbout925516
WHEN RECORDED MAIL TO:
ROCKY MOUNTAIN BANK
2515 FOOTHILL BLVD.
ROCK SPRINGS, WYOMING 82901
Loan Number: 7219009
RECEIVED 12/20/2006 at -4:01 PM
RECEIVING # 925516
BOOK: 644 PAGE: 256
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
[Space Above This Line For Recording Data]
MORTGAGE
IFHA CASE NO.
591-0994622 703
THIS MORTGAGE ("Security Instrument") Is given on DECEMBER 15, 2006
The mortgagor Is JASON A PIERCE SOLE OWNER
("Borrower"). This Security Instrument is given to
ROCKY MOUNTAIN BANK
which is organized and existing under the laws of WYOMING , and whose address is
2515 FOOTHILL BLVD., ROCK SPRINGS, WYOMING 82901
("Lender"). Borrower owes Lender the principal sum of
SEVENTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-TWO AND 00/100
Dollars (U.S. $ 71, 872. 00 ). This debt is evidenced by Borrower's note dated the same
date as this Security Instrument ("Note"), which provides for monthly payments. with the full debt, irnot paid earlier. due and
payable on JANUARY 1, 2037 . 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 Lender. with power of sale. the following described property
located in
LINCOLN County. Wyoming:
LOT SEVEN (7) OF BLOCK THREE (3) OF THE WEST VALLEY SUBDIVISION TO
THE TOWN OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT THEREOF.
A.P.N.: 12-2612-07-2-05-049.00
Wyoming
which has the address of 1112 W HWY 235, LA BARGE
[Street]
("Property Address ");
[City]
83123
[Zip Code]
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."
WYOMING-FHA MORTGAGE (6196)
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encwnbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encwnbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment ofPrlncipaI, 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 Instrwnent, each monthly payment shall also include either: (I) a sum for
the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge Instead of a mortgage
insurance premium if this Security Instrwnent 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 maximum
amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12
U.S.C. §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.
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 RESP A. 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 Instrwnent. If Borrower tenders
to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment
items (a), (b), and (c) and any mortgage insurance premium Installment that Lender has not become obligated to pay to the
Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the
Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for
items (a), (b), and (c).
3. Appllcation of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
FIRST, to the mortgage Insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary Instead of the monthly mortgage Insurance premium;
SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
Insurance premiums, as required;
THIRD, to Interest due under the 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. 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 Instrwnent, 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 Instrwnent
shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrwnent or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Borrower in and to Insurance policies In force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution
of this Security Instrwnent (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 the 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 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 Instrwnent is on a leasehold,
Borrower shall comply with the provisions 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.
000257
WYOMING-FHA MORTGAGE (6196)
Documenl Systems. Inc. (800) 649- 1382
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6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in ~.uVt~y
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 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 referred 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 iegallyentitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or
mlUlic1pal charges. fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time
directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property,
upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these 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 hoider 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 attain
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 monthiy payment, or
(Ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (Including section 341(d) of the Garn-
St. Germain Depository Institutions Act of 1982, 12 U.S.C.1701J - 3(d» and with the prior approval of the Secretary,
require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is soid or
othelWise transferred (other than by devise or descent), and
(Ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser
or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the
requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit 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 wiIllimit 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 permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that If this Security Instrument and the Note are not determined to be
eligible for Insurance under the National Housing Act within 60 DA YS 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 DA YS 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 attorneys' 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 permit reinstatement if:
(I) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately
preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different
grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower
shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be
required to commence proceedings against any successor in interest or refuse to extend time for payment or othelWise 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 terms of this Security Instrument; (b) is not personally obligated to pay the sums
WYOMING-FHA MORTGAGE (6/96)
Documenl Systems. Inc. (800) 649-1362
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secured by this Security Instrwnent; and (c) agrees that Lender and any other Borrower may agree to ~t~~~ði!ÿ, forbear
or make any accommodations with regard to the terms of this Security Instrwnent or the Note without that Borrower's
consent.
13. Notices. Any notice to Borrower provided for in this Security Instrwnent shall be given by delivering it or by mailing
it by first class 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 Borrower. Any notice provided for in this Security
Instrwnent shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrwnent shall be governed by federal law and the law of the
Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrwnent or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrwnent or the Note which can
be given effect without the conflicting provision. To this end the provisions of this Security Instrwnent 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 Instrwnent.
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 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 defined 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 Instrwnent, 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 Instrwnent; (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 Instrwnent is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the
power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred
in pursuing the 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 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 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 following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b)
to all sums secured by this Security Instrwnent; and (c) any excess to the person or persons legally entitled to it.
If the Lender's interest in this Security Instrwnent 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 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act
to commence foreclosure and to sell the Property as provided In the Act. Nothing in the preceding sentence shall deprive
the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrwnent, Lender shall release this Security Instrwnent
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 right of curtesy and
dower in the Property.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrwnent, the covenants of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreements of this Security Instrwnent as if the rider(s) were a part of this Security Instrwnent.
[Check applicable box(es)].
D Condominium Rider
D Graduated Payment Rider
D Growing Equity Rider
D Planned Unit Development Rider
I&J Other [Specify] AFFIXATION AFFIDAVIT,
MANUFACTURED HOME RIDER
WYOMING-FHA MORTGAGE (6196)
Dowmenl Syslems. Inc. (800) 649·1362
Page 4 of 5
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BY SIGNING BELOW, Borrower accepts and agrees to the terms contained
Instrumént and In any rider(s) executed by Borrower and recorded with It.
/'øPI~~
~'W"--- -
In pages 1 through 5 of this Security
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
- Borrower
(Seal)
-Borrower
(Seal)
- Borrower
(Seal)
-Borrower
Witness:
Witness:
STATE OF WYOMING, SUBLETTE
County ss:
The foregoing instrument was acknowledged before me this
JASON A PIERCE
~
IS- 206/0
(dale
by
(person acknowledging)
Notary Public
My Commission expires:
DOAK E. TULLER ~ NOTARY PUBLIQ
C!l\ll1lY aI ~ StaI8 of
Sublèlll ." WyomIng
Commlssfon e.pJ,q S Þør 21. 201D
WYOMING-FHA MORTGAGE (6196)
Documont Sysloms. Inc. (800) 649-1362
Page 5 of 5
092551.6
000261
Loan Number: 7219009
MANUFACTURED HOME RIDER
TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
THIS MANUFACTURED HOME RIDER is made this 15 th day of DECEMBER, 2006 ,
and is incorporated into and shall be deemed to amend and supplement that certain Mortgage, Deed of Trust
or Other Security Instrument (the "Security Instrument") of the same date hereof given by the undersigned
(the "Borrower(s)") to secure Borrower's Promissory Note (or Manufactured Home Retail Installment
Conkoc~toROCKY MOUNTAIN BANK, A WYOMING BANKING CORPORATION
(the "Note Holder")
of the same date hereof (the "Note ") , and relating to the property described in the Security Instrument and
located at:
1112 W HWY 235, LA BARGE, WYOMING 83123
The following provisions are applicable to the Security Instrument, including those marked and completed
(where applicable):
1. 0 DESCRIPTION OF REAL PROPERTY. The description of the real property set forth in the
Security Instrument is amended by the addition of the following:
"Together with all improvements conskucted upon, affixed to or located upon the above described real
property, including without limitation any residential dwelling located upon or to be located thereon,
which dwelling is or may be a manufactured home, as hereinbelow described, which manufactured
home is or upon placement and affixation shall be conclusively deemed to be real estate (the
"Manufactured Home"):
Make:
Model:
Length and Width:
Serial Number:
Year Built:
o No Certificate of Title has been issued D Certificate of Title No.
2. IXJ MANUFACTURED HOME AS PERSONAL PROPERTY SECURITY. The Note is also secured
by a security interest in favor of Note Holder in the following described manufactured home ("Manufactured
Home"), which is located on the real property described in the Security Instrument:
Make:
Year Built: 1984
Model: Serial NU9.!ber:
TAMARACK 5107 A/B
Length and Width: 4 8 . 3 0 X 23. 60
IXJ No Certificate of Title has been issued D Certificate of Title No.
MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
07128/06 Page 1 of 3
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092551J;
000,262
3. ADDITIONAL COVENANTS OF BORROWER(S) RELATING TO MANUFACTURED HOME.
If Paragraph 1 has been marked and completed, Borrower(s) agree(s) to comply with all State and local laws
and regulations relating to the affixation of the Manufactured Home to the real property described herein
including, but not limited to, surrendering the Certificate of Title (if required), obtaining any governmental
approval and executing any documentation necessary to classify the Manufactured Home as real property
under State and local law.
The Manufactured Home shall be at all times and for all purposes permanently affixed to and part of the real
property described herein and shall not be removed from said real property. Borrower(s) covenant(s) that
affixing the Manufactured Home to the real property described herein does not violate any zorúng laws or
other local requirements applicable to manufactured homes.
If Paragraph 2 has been marked and completed, Borrower(s) agree(s) and covenant(s) that the Manufactured
Home is and shall remain personal property, severable and separate from the real property described in the
Security Instrument, and agree(s) and covenant(s) not to take any action, or fail to take any action, which
would result in a change in such status.
4. SECURITY AGREEMENT AND FINANCING STATEMENT. This Security Instrument shall be a
security agreement granting Lender a first and prior security interest in all of Borrower's right, title and
interest in, to and under any personal property ("Personal Property") wruch under and within the meaning
of the applicable State laws is and cannot be classified and considered real property, if any. Personal
Property shall also include the Manufactured Home described in Paragraph 2 hereof, if applicable. In the
event of any foreclosure sale, whether made by Trustee or a substitute trustee, or under judgment of the court
or pursuant to a power of sale, all of the Property and Personal Property may, at the option of Lender, be
sold as a whole or any part thereof. It shall not be necessary to have present at the place of such sale the
Personal Property or any part thereof. Lender, as well as Trustee or any substitute trustee on Lender's
behalf, shall have all the rights, remedies and recourses with respect to the Personal Property afforded to a
"Secured Party" by the applicable state laws in addition to and not in limitation of the other rights and
recourse afforded Lender andlor Trustee or any substitute trustee under this Security Instrument.
Borrower(s) shall, upon demand, pay to Lender the amount of any and all expenses, including the fees and
disbursements of Lender's legal counsel and of any experts and agents which Lender may incur in connection
with: (i) the making and/or administration of this Security Instrument; (Ii) the custody, preservation, use
or operation of, or the sale or collection from, or other realization upon any property, real and/or personal,
described in this Security Instrument; (iii) the exercise or enforcement of any of the rights of Lender under
this Security Instrument; or (iv) the failure by Borrower(s) to perform or observe any of the provisions or
covenants in this Security Instrument.
Lender may, at its election, at any time after the delivery of this Security Instrument, sign one or more copies
of this Security Instrument in order that such copies may be used as a financing statement under the
applicable State laws. Lender's signature need not be acknowledged, and is not necessary to the effectiveness
hereof as a deed of trust, a security agreement, or (wdess otherwise required by applicable law) a financing
statement.
5. RESPONSIBILITY FOR IMPROVEMENTS. Lender shall not be responsible for any improvements
made or to be made, or for their completion relating to the real property, and shall not in any way be
considered a guarantor of performance by any person or party providing or effecting such improvements.
MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
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032551Æ~
000263
6. INVALID PROVISIONS. If any provision of this Security Instrument is declared invalid. illegal or
unenforceable by a court of competent jurisdiction. then such invalid, illegal or unenforceable provisions
shall be severed from this Security Instrument and the remainder enforced as if such invalid, illegal or
unenforceable provision is not a part of this Security Instrument.
Executed this
day of
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
-Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
-Borrower
MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
07/28/06 Page 3 of 3
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032551J;
Record and Return D by Mail D by Pickup to:
ROCKY MOUNTAIN BANK
2515 FOOTHILL BLVD.
ROCK SPRINGS, WYOMING 82901
000264
Loan Number: 7219009
MANUFACTURED HOME RIDER
TO SECURITY INSTRUMENT
ThisRiderismadethis 15th day of DECEMBER, 2006 ,and is incorporated into and
amends and supplements the Mortgage, Open-End Mortgage, Deed 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 ROCKY MOUNTAIN BANK, A WYOMING BANKING
CORPORATION
("Lender") of the same date ("Note") and covering the Property described in the Security Instrument and
located at:
1112 W HWY 235, LA BARGE, WYOMING 83123
[Property Address]
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 ofthis
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.
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
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0325S1G
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3. Lender I s Security Interest. All of Borrower I s obligations secured by the Security Instrument also shall
be secured by the Manufactured Home:
USED
NewlUsed
1984
Year
CHAMPION HOMES
Manufacturer's Name
TAMARACK
Model Name or Model No.
5107 A/B
Manufacturer's Serial No.
48.30 X 23.ffi
Length x Width
IDA 077607 AND IDA 077608
HUD Label Number(s):
Certificate of Title Number:
4. AffIXation. Borrower covenants and agrees:
(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;
(c) upon Lender's request, to surrender the certificate 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 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. Borrower will be in default under the Security Instrument:
(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.
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
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O~),25S16
000266
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 of the 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 these rights.
(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.
PIERCE
Borrower
Borrower
Borrower
Borrower
Borrower
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
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1F
09255 . .~.»
STATE OF WYOMING
)
) SS.
)
000267
COUNTY OF SUBLETTE
I, the undersigned Notary Public, in and for the aforesaid State and County, do hereby certify that
JASON A PIERCE
Borrower(s). personally appeared before me in said County and acknowledged the within instru .'
their act and deed. Given under my hand and seal this d .'
DOAK E. TULLER ~ NOTARY PUBUC
County 01 IA Stal8 01
SubleUø ~ Wyomlno
Commission E!cplrøs Sep\8mber 21. 2010
U IC
Slate of ~
County of 7v hJ.e
(Seal)
My Commission Expires:
Drafted By:
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
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032551.6
WHEN RECORDED MAIL TO:
ROCKY MOUNTAIN BANK
2515 FOOTHILL BLVD.
ROCK SPRINGS, WYOMING 82901
Loan Number: 7219009
INSTRUMENT PREPARED BY:
000268
[Space Above This Line For Recording Data]
ASSIGNMENT OF MORTGAGE
FOR VALUE RECEIVED, ROCKY MOUNTAIN BANK ITS SUCCESSORS AND ASSIGNS,
HEREBY ASSIGNS AND TRANSFERS TO MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, P.O. BOX 2026 FLINT,
MICHIGAN 48501-2026, ALL ITS RIGHT, TITLE AND INTEREST IN AND TO A
CERTAIN MORTGAGE EXECUTED BY JASON A PIERCE SOLE OWNER TO ROCKY
MOUNTAIN BANK
and bearing the date of the DECEMBER 15, 2006
and recorded as Instrument No. concurrently herewith on
in book , page , of Official Records in the County Recorder's office of
WYOMING County, LINCOLN , describing land therein as:
LOT SEVEN (7) OF BLOCK THREE (3) OF THE WEST VALLEY SUBDIVISION TO THE
TOWN OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL
PLAT THEREOF.
A.P.N.: 12-2612-07-2-05-049.00
Commonly known as: 1112 W HWY 235, LA BARGE, WYOMING 83123
Assessor's Parcel #: 12-2612-07 -2-05-049.00
TOGETHER with the note or notes therein described or referred to, the money due and to become due thereon with interest,
and all rights accrued or to accrue under said Mortgage. The original principal amount due under this note(s) is
$71,872.00 ROCKY MOUNTAIN BANK, A
WYOMING BANKING CORPORATION
By:
By:
Name:
,..... -
~ ,.~ ""l r-Q...A"', l( ( . ~
Name:
Title:
.'1'" c;
Title:
Attest
Attest
STATEOF WYOMING
COUNTY OF LINCOLN
On
SS.
before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(This area for Corporate Seal)
Signature
(This area for official notarial seal)
Name (Typed or Printed)
Notary Public in for said State
1 MIN: 1001066-<XXJ721sa:B-1 MERS Phone: 1.888-679.63771
ASSIGNMENT OF MORTGAGE
10/24/06
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