HomeMy WebLinkAbout926452
000735
WHEN RECORDED MAIL TO:
ROCKY MOUNTAIN BANK
2515 FOOTHILL BLVD.
ROCK SPRINGS, WYOMING 82901
Loan Number: 13720060465
RECEIVED 1/31/2007 at 4:36 PM
RECEIVING # 926452
BOOK: 647 PAGE: 735
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
[Space Above This Line For Recording Datal
MORTGAGE
I FHA CASE NO.
591-0995555 703
THIS MORTGAGE ("Security Instrument") is given on JANUARY 30, 2007
The mortgagor is ERIC M ANDERSEN SINGLE MAN
("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
ONE HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED FOURTEEN AND 00/100
Dollars (U.S. $ 132,914.00 ). 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, ifnot paid earlier, due and
payable on FEBRUARY 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
. ,"~I"j't"(W)r~E::\()f"L..b\3 LINCOLN County, Wyoming:
LOTS FOUR (4), FIVE (5) , \J\Jt>l«t<;;DUTl-\i\N~6fTHE EIDEN ADDITION TO THE TOWN
OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL
PLAT, NO. 276-A, OF THE SCHMID ADDITION AND EIDEN ADDITION TO THE
TOWN OF LABARGE, LINCOL COUNTY, WYOMING AS RECORDED ON DOCUMENT NO.
767481.
A.P.N.: 12-2612-06-1-01-043.00
Wyoming
which has the address of #5 RIVER BEND DRIVE, LA BARGE
[Street]
("Property Address");
[CitYI
83123
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the ptoperty, 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."
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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 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 uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
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 I (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 (ii) a monthly charge instead of a mortgage
insurance premium 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 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 RESP A, 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 RESPA.
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 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. Application of Payments. All payments under paragraphs I 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 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 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 Instrument 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.
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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 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 legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or
municipal 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 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 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 monthly 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, ifpermitted by applicable law (including section 341(d) of the Garn-
St. Germain Depository Institutions Act of 1982, 12 U.S.C.170Ij - 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) Allor 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
(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 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 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 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 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 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 terms of this Security Instrument; (b) is not personally obligated to pay the sums
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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 terms of this Security Instrument or the Note without that Borrower's
consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument 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
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 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 Instrument or the Note
conflicts with 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 conformed copy of the Note and of this Security Instrument.
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 formaldehyde, 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.
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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 willnot 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 assignment
of rents of the Property shall terminate when the debt secured by the Security Instrument 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 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 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 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 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 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)].
o Condominium Rider
o Graduated Payment Rider
o Growing Equity Rider
o Planned Unit Development Rider
IX] Other [Specify] TAX EXEMPT FINANCING
RIDER, AFFIXATION
AFFIDAVIT, MANUFACTURED
HOME RIDER
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(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Witness:
Witness:
STATE OF WYOMING, SUBLETTE
County ss:
30~ Q~.to '3'"'QI\~ ::lc:3f)ì
(date)
1- 30- 67
The foregoing instrument was acknowledged before me this
by
ERIC M ANDERSEN
(person acknowledging)
My Commission expires: 11__ /- 2010
~FM
Notary Public
REGINA MORITSCH . NOTARY P\IBUC
CaunIy III Mill
IubIeIII \¥IOmInD
My CommInbI &pires rfawoenœ' " 2010
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0926l\... .
000740
Loan Number: 13720060465
MORTGAGE ADDENDUM
The following is an Addendum to the Mortgage. The addendum shall be incorporated into, and recorded
with the Mortgage. I
TAX EXEMPT FINANCING RIDER
This Tax Exempt Financing Rider is incorporated into and shall be deemed to amend the terms of the
Mortgage to which it is attached.
In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further
covenant and agree as follows:
Lender, or such of its successors or assigns as may, by separate instrument, assume responsibility for
assuring compliance by the Borrower with the provisions of this Tax Exempt Financing Rider, may require
immediate payment in full of all sums secured by this Security Instrument if:
a) All or part of the Property sold or otherwise transferred (other than devise, decent or operation of
law) by Borrower to a purchaser or other transferee:
i) Who cannot reasonably be expected to occupy the property as a principal resident within a
reasonable time after the sale transfer, all as provided in Section 143(c) and (i) (2) of the
Internal Revenue Code; or
ii) Who has had a present ownership interest in a principal residence during any part of the three
year period ending on date of the sale or transfer
iii) At an acquisition cost which is greater than 90 percent of the average area purchase price
(greater than 110 percent for targeted area residence), all as provided in Section 143(e) and (i)
(2) of the Internal Revenue Code; or
iv) Whose family income exceeds applicable income limits as provided in Section 143(t) and (i)
(2) of the Internal Revenue Code.
b) Borrower fails to occupy the property described in the Security Instrument without prior written
consent of Lender or its successors or assigns described at the beginning of this Tax Exempt
Financing Rider, or
c) Borrower omits or misrepresents a fact that is material with respect to the provisions of Section 143
of the Internal Revenue Code in an application for the loan secured by this Security Instrument.
References are to the Internal Revenue Code as amended, in effect on the date of execution of the Security
Instrument and are deemed to include the implementing regulations.
TAX EXEMPT FINANCING RIDER
02/24/06
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000741
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions in this Tax Exempt
Financing Rider.
~ø:- -------
(Seal)
ERIC M ANDERSEN -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
TAX EXEMPT FINANCING RIDER
02/24/06
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0926452
000742
Record and Return 0 by Mail 0 by Pickup to:
ROCKY MOUNTAIN BANK
2515 FOOTHILL BLVD.
ROCK SPRINGS, WYOMING 82901
Loan Number: 13720060465
MANUFACTURED HOME
AFFIDAVIT OF AFFIXATION
STATE OF WYOMING )
) ss.:
COUNTY OF'¡"INCOLN-5\J'ù\st~\L )
BEFORE ME, the undersigned notary public, on this day personally appeared ERI C M
ANDERSEN
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:
USE D
NewlUsed
1999
SKYLINER
Year
Manufacturer's Name
PLAN 171
C2-52-0212-M (AB)
26.7 X 56.3
Model Name or Model No.
Manufacturer's Serial" No.
Length x Width
UL1 492488, UL1 492489
HUD Label Number(s):
Certificate of Title Number:
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 formaldehyde health notice for the Home.
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
10/20/05 Page 1 of 5
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26(\52
09 4'. The Home is or will be located at the following "Property Address":
0007'43
#5 RIVER BEND DRIVE, LA BARGE, WYOMING 83123
Street or Route City County State
Zip Code
5. The legal description of the Property Address ("Land") is:
LOTS FOUR (4), FIVE (5), AND (20) OF THE EIDEN ADDITION
TO THE TOWN OF LABARGE, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT, NO. 276-A, OF THE SCHMID
ADDITION AND EIDEN ADDITION TO THE TOWN OF LABARGE,
LINCOL COUNTY, WYOMING AS RECORDED ON DOCUMENT NO. 767481.
A.P.N.: 12-2612-06-1-01-043.00
6. The Homeowner is the owner of the Land or, if not the owner of the Land, is in possession of the real
property pursuant to a lease in recordable form, and the consent of the lessor is attached to this
Affidavit.
7. The Home 0 is 0 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 cOIll1ected to
appropriate residential utilities (e.g., water, gas, electricity, sewer) ("Permanently Affixed"). The
Homeowner intends that the Home be an immovable fixture and a permanent improvement to the Land.
8. The Home shall be assessed and taxed as an improvement to the Land.
9. 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, (H) has the characteristics of site-built
housing, and (Hi) is part of the Land.
10. If the 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.
11. Other than those disclosed in this Affidavit, the Homeowner is not aware of (i) any other claim, lien or
encumbrance affecting the Home, (H) 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.
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
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092 ~..
000744
12. A Homeowner shall initial only one of the following, as it applies to title to the Home:
D 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.
D 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.
D The D manufacturer's certificate of origin D certificate of title to the Home D shall be D has
been eliminated as required by applicable law.
D The Home shall be covered by a certificate of title.
13. 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 same:
Name:
Address:
14. This Affidavit is executed by Homeowner(s) pursuant to applicable state law.
IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my presence and in the presence
of the undersigned witnesses on this 3c:#--- day of '"3" Ci\/...)~ ~I
~~7#Í
Witness
~~
~IC ~ANDERSEN
(Seal)
- Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
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09,... 'l)""t .¡í
STATE OF WYOMING
COUNTY OF LINCOLN.. $v'Q)~
000745
)
) ss.:
)
On the 3o'¡""" day of ~Ci\U().(~ in the year (;)001
me, the undersigned, a Notary Public in and for said State, personally appearedERIC M
ANDERSEN
before
personally 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 he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s),
or the person on behalf of which the individual(s) acted, executed the instrument.
~~~
. Notary gnature
REGINA MIIUlSCH· NOTARY PUBLIC
0øunIY III 8111l1li'
Sub- WyomIng
CamrnlSston &pillS NIJVe nber 1, 2010
1~ lAc... (IV-on ~
Not rinted Name
(Official Seal)
Notary Public; State of W~CV\N.v'\~
Qualified in the County of Sù'ð~~
My Commission Expires: J ( - ( - 1.c J 0
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
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Lender's Statement of Intent:
000746
The undersigned ("Lender") intends that the Home be an immovable fixture and a permanent improvement
to the Land.
ROCKY MOUNTAIN BANK
Lender
C¿; .2;;>~
Autho¿zed Signature
STATE OF WYOMING )
) ss.:
COUNTY OF b-INCOLN~'b~~ )
On the 30 day of . \ Ql\,OG"\.-\ in the year '1..cr:5ì
me, the undersigned, a Notary ~blic in and tõí- said State, personally appeared
I
i
before
personally 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 he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s),
or the person on behalf of which the individual(s) acted, executed the instrument.
~-111~
Notary nature
REGINA MORITSCH - NOTARY PUBUC
County III "
Sublelle SIaII III
My , ~ Wyoming
Commission ExpIres November t, 2OtO
~\ 1M.. Mal~
Not rinted Name -
Notary Public; State of W~~
Qualified in the County of ScJ y ~
(Official Seal)
My Commission Expires: 11-) - 1- Of ð
Drafted By:
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
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000747
Loan Number: 13720060465
MANUFACTURED HOME RIDER
TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
THIS MANUFACTURED HOME RIDER is made this 30th day of JANUARY, 2007
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
Contract) to ROCKY 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:
#5 RIVER BEND DRIVE, 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 constructed 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:
Serial Number:
Year Built:
Length and Width:
o No Certificate of Title has been issued 0 Certificate of Title No.
2. IX] 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:
Model:
PLAN 171
Length and Width: 26. 7
Serial Number:
C2-52-0212-M (AB)
X 56.3
Year Built: 1999
IX] No Certificate of Title has been issued 0 Certificate of Title No.
MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
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000748
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 zoning 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 !lgreement 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") which 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 and lor 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 andlor 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 andlor 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 (unless otherwise required by applicable law) a financing
statement.
5. RESPONSmILITY 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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000749
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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 ~~~ L..c:ó7
~--::=
ERIC ANDERSEN
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST
OR OTHER SECURITY INSTRUMENT
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