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HomeMy WebLinkAbout937855 At\er .Rec()rding Return To: Converse County Bank PO Box 689 322 Walnut Douglas, Wyoming 82633 RECEIVED 3/27/2008 at 10:37 AM RECEIVING # 937855 BOOK: 690 PAGE: 556 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000556 Loan Nwnber: 7336993 M._.____.___._._ (Space Abovo This Uno· For Recording Dala] MORTGAGE FH÷ëASENif··m 591-1027632 ....~ THIS MORTGM]E (" Sc<:urit)' Instrument") Is given on The mortgagor is William Ben St. John and Tenan.ts with Rights of Sur vi vorship, Barge, Wyoming 83123 MARCH 26, 2008 peggy Jo St. John, Joint 1112 West Hwy 235, Le ("Borrower"). This Security Instrumenl is given to Converse County Bank, which is orgonizel! and existing under lhelaws of WYOMING PO Box 689 322 Walnut, Douglas, Wyoming 82.633 . and whose address is ("Lender"). ßurl'!iw<:r owes Lender Ihe principal sum o¡" EIGHTY-SIX THOUSAND SIX HUNDRED FORTY AND 00/100 Dollars (U.S. $86,640.00 ). This debt is'evidenced by n"rr\)wer's note daledlhesame dale a.,thls Secllr¡t~ Instrur...:nt ("Note"'), which prt>vides l,) ' mJ>I1thly·pnyntenl', with the full debt, if Mtþaid earlier. due and payable on APRIL 1, 2038 , This Security Instrument secures 10 Lender: (It) the repnYl11enl of the debt eviûenced by the Note, with interest. Ilnû all renewuls. exten,iot,sund m<JdHicatjnns of the Note: (b) the pa)'mènl of 011 other sUmS. with inlcrc.st. auvancedunder paragraph 7 tuproteel the securJty <Jf Ihis Security Instrumenl: .I1d (e) theperfbrl11aocc {If Borrower's covenants and agreements under this Security Instl'lIment and Ihe Note. Pt»' thispurpo¡;e. Borrower docs hereby mortgage, gmnt lInd convey t<J Lender, with power of sale. the fnllowing 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 Recorded June 30, 1981 as Map Nwnber 268 and Document Nwnber560645 in the Office of the Clerk, Lincoln County, Wyoming. WYOMINOFHA "¡ÕRTGAGE 6/96 Page 1 at 8 DocMagfc. et~çm1U' 600-ð4S·1J6? www"docmagic.Gbm (Jff P-.s ~..~. WYlnlg..iha.'lml which has the address of 1112 WEST HWY 235 [S""tet LA BARGE ¡Cil)' 83123 ¡Z¡"Code] ('Property Addte.qs'): , Wyoming TOGETHER WITH all the improvements now or bereafter erected on (he prÖjietty, and aJl casements, appurtenances, and fi1\turC$ Itow or hereafter a part of the propert_y, All replacements and additions shall also be covered by thi&Securlty Instrument, All of the foregoing is referred (0 in this Security .1nstl1lmcnt as the" Property, . BORROWER COVENANTS that Borrower is lawfully seised of (he estate hereby conveyed and has the right to mortgage, gram and convey the Property and thar the .Property is unencumbered, except for encumbrances of record, Borrower warrants and wiIJ defend generally tlie title (0 the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines unifonn covenants fornational use and non-uniform covenants with limited variations by jurisdiclion to constitute a unifOlm security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenam and agree as follows; 1. Payment of Principal, Intel"cst and Late Charge. Borrower shall pay When dUe the principal of, and interest on, lI1e debt evidenced by the Note and late chalgcs due under the NOte. 2. Monthly Payment or Taxes, Insuranæ., and OIlier Chur:ges.. Bor.rower shaJlinêludc in elleh tnOiJlhl)' payment, together with the principal and i¡lIotest as set forth in the Note and any Intecharges. asum for (n) taxes alrd specìalassessmems levied or to he levied against the .Property, (b) Icase.hoJd payments or ground rents on the Property, and (C) premiums for insurance required under para¡¡noph 4, In ,my ycar in wliich the Lentlcr must pay a mOrtgage insurance premium to the Secretary of Housing and Urban Developmetlt ("Secretary"), orin rnly year in which such premium would have been required if Lender still held the Security InstnlmenL, eaéhmomhly payment shall also include either: (i) a sum (or the annual mortgage insurance premium to be paid by Lender to the Secrel<lry. or (i i) a monthly charge instead of a mortgage insurance premilllll ifthis Security Instrument is held by the Secretary, in a reasonable amount lObe determined hy the Secretary, Except for the monthly charge hy the,Secrotary, these items are called "Escrow [¡ems" a.nd the sums paid to Lender are called 'F~~crow Funds." LL'Ilder may. at any lime, coHecl and hold amounts for Escrow (terns in an n¡¡gregate umoum nOI to excced the maximum amount that may be required for Borrower's escrow account under [he Relll Estâte SettJemeJtt Procedures Act of 1974, 12 U .S,c, §2601 eLse(l, and implementing regulations, 24 CPR Part 350Ø, us they may be amended from time to time ("RESPA "), exccpt t]1at thc cushion or reserve permitted by RESPA for unanticipnled disbursements or disbursements beJore the Bom1wer's payments are avaiJabJe in the account may not be based. on amounts due for the mortgage insurance premium. Jf the amounts held by Lender for Escrow Items exçced the mnOllllts permitted to be hcld by RESPA, Lender shallaccolllltlO Borrower fonhe.excess funds as required by RESPA> Jftheamouots offimdsheld by Leiïder at ally time am not sufficient to pay the rJ$crow [tems when due, Lender may notify the .Borrower nndrequireaorrower to make up the shortage as permitted by.RESPA. The Escrow Funds arc pledged as additional security for .!lll sums seL'Urcdby this Security ltistTUment. If Borrower tenders to Lender U1e full paYll1eOt.ofaU $lIch Slims, Bqrrower's âccount sh¡¡JI be credited with .the balance remaining for all installment items (a). (b) ,and (c) and any mortgage insurance premÜl111 installment that Lender ha.q not become obI igated to pay t1,) the Secrctary ,and Lender shall prnmptly refund anycx.cess funds to Borrower. Irmnediate!y prior to a foreclosurcsnle of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installment¡; for i.tems (It), (b). and (0). 3.. Applicatiollof I'ayments, All payments under paragraphs I and 2 sh¡tll be applied by Lender as [o](ows: FIRST. to the mortgage insurance premium to be paid by Lender toll1e Secretary or 1.0 tJ¡emonthly charge by [he Secre1.aryinstead of .the monthly mortgage insurance premium; SECOND, 10 any taxes, special assessments, leasehold payments or ground rents. nnd fire. 1100d and other ha.zard insurance premillms, as required; THIRD. to interest due under thc Note; FOURTH, to amortization of the principal of [he Note: and ....................._.....HH...................___.. WYOMING FHA MORTGAGE 6/96 Pag8Z of 6 DocMag/ti enJ;¡¡Uf!l;'ifl 800-648· 1;18' www.dor:mllglc.com (J6s~ Jrss 000557 WY"11M·Olit.Yònll 000558 FIFTH .to late charges due under the Note. 4. FIre, Hood and Other Hazard Insurance. Borrower shall insure all improvements on IhePropcrty. whether now in existence. or subsequently erected, again.~t anyhal.ards,casuaJties. andcomingencies, including lire. for which Lender requires insurance. This insurance shaH be maimained in the amounts and for .rhe periods that Lender requires, Bmrower shall also insure all improvemems on the Property, whether now in existencc or subsequenUy erected. against loss by floods to the elttent required by the Secretary. AU insurance shaH be carried with companies approved by Lender. The insurance policies and any renewals shall beheld by Lender and shall include loss payable clauses in favor or. and in a form acceptable to, Lender, In the event of loss. Borrower shall give Lenàer immediate notice by maiL Lender may make proof of loss if I]Ot 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 Lcnder jointly. AU or Inîy· þart of the insurallce proceeds may.be applied 1»' Lender, at its option. elther(a)to. the reduction of thé inllel1tedness \U1der the NOleandthis Security Instrument. nt'st to any deJìnquentamoulns appliedìn the order in paragrap!l 3, and tfienlo prepayment of principal , or (b) to the res.toration or repair ofilie damagedPrupeny. AnyapplicatiotlQfthe proceeds to the principal shaUnot extend or postpone the due date of the monthly payments which arc· referred to in paragraph 2. or change the ¡mlount of such payments. Attyexcess insurance proceeds over ¡m amount required to pay all outstanding indebtedness under the Note and this Security Instmmcnl shall .be paid to the entity legally entitled thereto. hI the event of foreclosure of this Security InstrumeJ1!or.othet' traMfer ortitletO the Propeny thatextinguìshes the indebteûness, all right, tilIe ~md interest of Bòrrower in and to insutancepolieies in force shall pass to the purchaser . 5. Occupancy, I'resl'rvlltion, Mulntenllncellnd Prolection of Ihe Prope.r(;y;Borrower's Loan Application; Leaseholds. Borrower shall ocellpy. establish. and use the Property as Borrower's principal residence within sixty days after the cltecuiion of this Security Instrument (or within siltty days of a later sale or transfer of the Property) and shall continue to occupy the Ptoperty as Borrower's principal resÌltencè for at least one year after the date of occupancy, unless Lender determines that te<'¡l1irement will eauseundU(~hardshipfor BOI't'owcr, ol'ut)lessextenuatìng circumstances eltist which are beyond Borrower's contro1. Borrower shall notify Lender of any extenuating circumstances. Bouower shall not commit waste or destroy. damage or substantial.l·ychange the Properly or allow the Propert)' 10 deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loal} is in default. Lender may take reasonable action to protect andp.rcserve..sueh vacant 01' abandoned Properly. Bon:owcrshaJl also be in default if Borrowcr, during tllC loan aPl,lication process, gave materially false or illllceuratc information or statements to Lender (or faÎJed to provide Lenûer with any material information) in connection with the (oan evidenced by the Note. including. but not lilnitcd to. re(rresentations conceming Borrower's occllpaucy of thi: Propeityas a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee line to ilie Properly. the Jenseholdand.fee title shall nor be merged. \1l1less Lender agrees 10 the merger in writing. 6. Condemnation. The proceeds of any award or claim fot damages. direct orconsc<Juential. in connection with any condemnation or other tak.ing of any pari of the Properl)'. or for conveyance in place of condemnation. arc hereby assìgnedand shall be paid to Lender to the extent of the full amount of the indebtedness that re01aimlmpaitl under the Note and this Security Instrument. Lender shall apply such proceeds to the reduc.tion of the indebtedness under Ihe Note and this Security Instrument. first to any delinquent amounts applied in the order provided in paragraph J. and then to prepayment of principal. Any application of tho proceeds to the principal shall not extend or postpone the due date of thc monthly payments. which are referred to in paragraph 2. or change the amount of such paymeUls. Any eltcess proceeds over an amount required to pay all outstanding indebtedness tinder the Note anû Ihis Securit)· Instrumel]t shall be p¡lÌd to the entity legally emitled thereto. 7. C ¡arge.~ to ßorl'Ower and }'l'Otection of I..ender's IUghts in the Propert~·. Borrower shall pay all governmental or municipal charges, tínes and impositions that arc not included in paragraph 2. Borrower shall pay these obligations on time directly ro the entity which is owed the payment. If faJ.ìurc to pay would adversely affect Lender's imerest 'in the Property. upon Lender's request Borrower shall promptly fnrnis.h to Lender receipts evidencing thesepaymems. wŸÕMïÑ~FHÃIMORTGAGE 6/911 . Pagé 3 of 8 /JocM"gl"eJ'I¡¡l!1~~Q) 809-649"362 WWw.døcrt> Jgic.cort> ¿;)~J" ~~)5 W)'fIlt,..nllllml If Borrower fails to make these payments or thepayments.required.by paragraph 2, Orf¡Ùls.10 perform any-other covenants andagrecrnentscontaincd in thisSecurily fllStrumem, orfhere is a legaf proceeding that may significantly affect Lender' srights in the Property (such asa proceeding. inbankroptöy, for condemnation or to enforce. Jaws or regulaÜons) ,then Lender may do and pay whatever Is necessary to protect the value of th!! property and Lt:ntler's rl.ghts .In thcPropeny. including þayme11l (If taxes, hazard insurance and other items njerttioned in pätägtaph.2, Any amounts disbursed by Lender under this pamgraph shall bccqrne an additional debt of Borrower .andbe secured by this Security Instrument. These amountsshaJI bear interest from the date of disbursement at the Note rate, and at the option Qf Lender shall be immediately due and payäbJe. - Borrower shall promptly discharge any lien which has priority over th.Is Security Instrumem unless Bon'ower: (a) agrees in writingto the payment of Ihe obligation secured by the lien in a mmuter 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 errforccmem of the lien; or (c) secures from the holder of the lien m1 agreement s¡ltisfactory 1\1 Lender subordinating the Hen to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which muy attnin priority Qver this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shaU satisfy the lien or take one or mme of the actions set forth above within 10 days of the giving of notice. 8, FLoes. Lender may collect fees unt! churges authorized by the Secretary. 9. Grounds for Acceleration 01' Debt. (a) Default. Lender may. except as limited by re~lationsissued by the Seereuuyintheease of payment defaults. requi.rc immediate payment in full of aU sums secured by this Security Instrument if: 0) Borrower defaults by failîng to pay in rull any monthly puyment required by this Security Instrument prior tooronlhe due date oJ the next monthly payment, or (ii) Borrower defaults by failing, fOr a period of thirty days, to performuny other obligations contained in this Security Instrument (b) Sale Without Credit Approval. Lender shall, i[permitted by applicable I.aw (including sc("'tion 341(d)of the Galil-St. GerlllaÍ1t Depositoty InstitulÌotL5 Act of 1982, 12 U.,S.C. 170Ij-3(\i) ilIId With the prior approval of the Secretary, require imrnedìäte payment in full of a1lsums secured by this St:culÏty Instrument if: (i) All or part of the Property, or II beneficia! intcreStin a trust owning aU or part of the Property. is sold or otherwise transfcn'ed (other than by devise or dcscent), and (ii) The Property is ItOt occupied by the porchaser or ¡¡Tan tee as his or her principal residence, or the purchaser or grantee docs so occupy the Property, but his or her credit has not been approved in accordancc with the requirements of the Secretary. (c) No'Vaivcr. If circumstances occur lhal would permit Lender to require innnedinte payment in full, but Lender docs not require such payments. Lender dQes not waive its rights with respect to subsequent events. (d) Rl~ulations of HUD Secr~tary. In many circumstances regulations isslled by the Secretary will Ui:nit Lender's rights, in the case of payment defaults, to require immediate payment in fuIt and tòrecJosc if not paid. This Security Instrument docs not authorize acceleration orrorecJosure if not perrnitted by regulations of tlte Secretary. (e) Mortgage Not Insured. Borrower agrccs that if this Security fnstrunll:mt and the Note arenCJl detennincd to be eligible for insunmee tin¡!ër the Natiunal Housing Act wiThin 60 DAYS from the date hereof, Lcndermay, at its option require immediate pnymellt in ftilI of all sums securcdby this Security Instrument. A writ ten ~tatem~'tIl of any authorized agent of the Secretary dated stibsequent t.o 6 0 DAYS frQmthe date hereof. declining to insure this Security Instrument and the Note, shall. he deemed conclusive proof of such ineligibility, Notwithstanding Ihe foregoing'. this option may not be exere~~ed by Lender whet! the unav3iJabilityofit!sUrlU1ee is solely due to Lender's failure to remit a mortgage. insurlmce premÌlun to .the Secretary. HI. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's filiJure to pay an amoul1t due under the Note or this Security Instrument. This right applies even after foreclusure proceedings arc instituted. To reinstate the Security Instrumelll, BorfQwer shaH tender in a lump sum all ámOUnts required to bring Borrower's accuunt current including, to theextetlt ¡hey arc obligations of WYOMINGi'HAMÙRTGAGE 6/96 ---..-.......-...-..-..... . ...................-.-.....-..-......, Poue 4 at 8 OocMagic ~J!)I! 801J·6~9·' 362 www.dor;miiglr;,r;om UðJ~ ?J) 000559 W}'mtJl,.Out.Jlml ßOlTower under this Security Instrument, foreclosure costs and reasonable and·customar)' attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon.reinstatement by Borrower, this Secl/rity .Instrument and the. obUgations \tnn it secures ·shall remain in effe<.'t as if Lender had not required immedime payment in fL¡]l. Howevcr, Lendcr is not requircd to perrtlil rcirrslatemerrt if: 0) Lender has accepted reinstatement after the commencement of foreclosure proceeding's within two years immediately preceding the commencement oJ n current forecJosure proceeding, (ii) reinstatemcnt will prcchlde fotecJosureoll different grounds in the future, or (iii) reirrstatement will adverselY affect the priority of the ¡¡err created by this Securily Instrument. 11. Borrower Not Released; Forbearance by Lendc.r Not a Waiver. Extension of the time of payment or lTIodilicntion of amortization ofthesullls secured by this Security [nstrument granted by Lender to any successor in intercst of Borrower shall not operate to relellse the liability of tJ1e originaJ Borrower or ßorrower's successors in interest. Lender shallllot be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify mllortizationof the 5U1I\S secured by Ihis. Security Instrument by reason of any demand made by the original Borróweror Borrower's sUccessors in imerest. Any forbearance by Lender inexetcising, any right or r.ernedy shall not bea waiver of or preclude the exercise of allY right or remedy. 12. Suœessors and Assigns 'Bound: .Joint and Several Lial.liIlty;Co-Slgncrs. The eovenantsandagreemems of this SecurítylllS!rull1ent shall hind andbeneíitthe. successors and Msigl1s of LendCl' .and Borrower, subJect\(J' the provisions of paragraph 9(11). Borrower's eovt'llantsand agteeIllt,nts .shall be joint and sevetal, Any aorrowet who co-sjgns l11is Security Instrument but does nm cxecme,the Note: (a) is ctHignil1gthisSecurity Insttumellumiym mortgage, grant and. convey that Borrower's imerest in the Property undet the termsofthis.Secutity lnstrtíment~ '(b) is lIot personally obligaled to pay the sums secured by this Security Instrument; and (c) agrees that Lender ,\lid any other ßorrower may agree to extend, modify. forbear or make any acconunodations with regard to the terms of this Security Instrument or l11e Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided (or in this Security Instrument shall be given by deJìvering it or by mailing itby tirst class mail unless appJìcable (aw requires use of another method. The notice shall be directed to the Property Address or any other address Borrower desi.gnales by notice to Lender. An)' notice to Lender shall be given by tïrst class mail to Lender's address stated herein or any address Lender designates by nùtice to ßOlTowcr. Any notice provided for in this Security Instrument shall be deehled to have been given to ßorrower or Lender when givcn liS provided in this pamgmph. 14. Governing Law: Scvcl'abllit)'. This Security Instrument shall be governed byfedel'a(law and the law of the jurisdiction in which the Property is located, [n the event that any provision or clause of tJÜs Security Instrument or the Note conf1icts with app.licllble law, such connict shaH not affect other provisions of this Security Instrument or the Note wltich cail be givcn effecl without the conflicHng provÎ.lion. To this end the provisions of this Security Instrument and the Note <lte declared to be sevcrable. 15. Borrower's Copy. Borrower shall be given one cOnformed co.py of the Note and of this Security Instrument . 16. Hazardous Substances. Borrower shall nöt C,lUse or-permit the presence, use, d.ìsposaJ ,storage, or release of any Hazardous Súhstances on or in the Property. 13oJTower shall not do, nor allow anyone else to do, anythjng affecting the Property that ;s in violntioIl orany Envirotu1\ental Law. The preceding twO sentences shall no! apply to the presence, use, or storage on the Property of small quarnities of HazáJ'dous Substauces that lire generally reco.gnizedto be approprillle to. normal residential uses ami 10 maintenanee·of the Prope.rty. Bormwcr shall promptly give Lender written notice of any investigation, claim, demand. lawsuit or olher action by any governmental or regulatory IIgency or private pany involving the Property and any Hazardous Subsrance or Environmental Law of which Borrower has actual knowledge. If Borrower Jeams, or is notitied by anygovemmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the .Property is necessary. Borrower shall promptly take all nccessary remedial actions in accordance witII Environmental Law, As used in this paragraph 16, "Hazardous Substances" are those substances detined liS toxic or hazardous subslances by Envirolllncntal Law and the following substances: gasoline, kerosene. other IImmnllble or toxic petroleum products. toxic pesticides ancl herbiddcs.,volatiJe solvents, matcrialsconraining asbc.,tos or formaldehyde, and radioactive ltulterials. As used in thJsparagraph 16. "Environmelnal!.aw" means federal laws and Jnws oCthe jtlrisdi~'tion where the Propeny is located that relate to l1elllUl, safety or environmental protectioh. 000560 WYOMING FHA MORTGAGE 6/96 _~.ø·_·~____N____ Page 5 of 8 DocMagit'el}\Umr.71le 800·649-7.162 WWW.doamð.gic.com tJ¿J' ()s -r)/ Wyllllp.fll/l.Jlml NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. AssigßRlcnl.ofRenU. Borrower uncondltionall.y 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 Propeny to pay the rents to Lender or Lender's agents. However. prior to Lender's notice to Borrower of Borrower's breach or.any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Propeny as trustee for the beneHl of Lender and Borrower. This assignment of rents constitutes an absolute· assignment and not an .¡¡ssignment for additional securitY only. [f Lender gives notice of breach to Borrower: (a) all renls received by I3Qrrowershall beheld by ßorroweras trustee for benefit of Lender only, to be applied to the sums secured by the SecurÜy Instrument; (b) Lender shall be <:ntitled to coUectand receive all of1he rents of the Property; and (c) each tcnamoftheProperty shall pay ¡¡II rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed M)' prior assignment of the rents and has not and wilJ ¡lot 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 ¡¡judicially appointed receiver may do so at any time there is a breach. Any application of rems shaH not cure or waive allY default or invalidate any other right or remedy of Lender. This assignmell! of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in fulL 18. Foreclosure Procedure. [1' Lemler requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies pemlitted liy applicable law. Lender shaH be entitled to collect aU expenses incurred in pursuing the remedies provided iuthis parugraph 1.8, 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 in tent to .foreclose to Borrower and to the person inpossession of the Property. if different,in accordance with applicable law. Lemler shaH give. notice of the sale to Borrower in the manner provided in paragraph 13. Lender shall publish notice orsale. and the Prop.ertyshall be sold in the manner prescribed by applicable Jaw. Lendet or its designee may purchase the Property at arty 'sale. The proceeds of the sale shall be applied in the foJ lowing order: (a) to all expertses of the salé, induding, burno! limited to, reasonable"átltlmeys' fees; (b) to alJ sum:; secured by this Security Itlstrumeut; and (e) MY excess to ,the person or persons legally entitled to, it. If the Lender'.s interest intliis Sc(;urj¡y Instrument is held by the Secretary and thuSecretary [(:<Juices immediate payment in full Under pan!graph9, the Secretary may invoke the nofijudieiul power of saJe provided in the Single Family Mortgage Foreclosure Act l1f 1994 ("Act·) (12 U.S.C. 3751 et SI'Q.) by requesting.a foreclosure commissioner designated under the Act tl1 commence fllreclosure and tll sell the Property as provided in the Act. Nothing in the preceding sentence shall depr.ive the Secretary of any rights otherwise available to a Lendcrumler this paragraph 18 or applicab(e (aw. 19. Release. Upon payment of all sums secured by this Security Instrument. Lell(\er shall release this Secur.ity Instrument. BOITower shall pay any recordation costs. Lender may charge Borrower aJee fouelcasillg this Security Instcumem, but only if the lee is paid to a third party for services rendered und the charging of lhe fee is pennilted under applicable law. 20. Waivers. Borrower releases and waives all rights under and by virtue of .the homestead exemption laws of Wyoming. 21. Riders to this Sccllritylnstrument. If one or more riders are executed hy ßorrowerand recorded together with this Security Instrument. the covenants of each such rider shall be incorporated inlOand shall amend and supplement the covenants and agreements of this Security Instrument as if the rJder(s) were a parl of this Security Instrument. [Check applicable b()x(es)]. 000561. [] Condominium Rider o Planned Unit Devc(opment Rider o Non·Owncr Occupancy Rider [J Graduated Payment Rider 0 Growing Equity Rider o Adjustahle Rate Rider [] Rehabilitation Loan Rider IZI Olher [Specify] AFFIXATION AFFIDAVIT, MANUFACTURED HOME RIDER, LIMITED POWER OF ATTY RIDER WYOMING FHA MORTOAGE·....· 6196 rago 6 018 DoC.Magiè eo!'¡¡¡,7I7I!II~ 800·643·',?62 WWW.;doçinBg;c:..com {JdS 1DS W)'m'~;'ha.x.n!1 BY SIGNING BELOW, Borcoweraeccpts and <agrees toLhe terms. contained in pages 1 through.S öfthis Security Instrument and in any rider(s) executed by Borrower and recorded with it. .~~;';2 (Seal) ~Borrower (Seal) ;Borrower WÌ!ness: WŸOMING FHA MORTGAGE 6/96 ...._......_..~.~..._--_..- Page 7 of 8 17 I: /j ¡d y~ 1 0 _~. v.r~eal) PEG~ S . JOHN U -Borrower ...m.... (Seal) -Borrower ...._._....._p--p._._...._~~ (Seal) -Borrower' Witness: _........,~.._..- DocMagiè e~V'!;'I1!~ 800·6>19·1362 www.docmagic.com 000562 W.\·m~.n...."nl1 ----"-----. [Spac. ¡¡.Iow This Line For Acknowlodgment! Stale of W)'oming ) ss. County of LINCOLN the foregoing instrument was acknowledged before me by .:v.!~~þI~:~LJ?:!!;!.L.ª.T..,_.....g9:t1N AND PEGGY JO S1. JOHN thi8 ..l.L-:'m_ mm. daYOuHß:t..c.b.___ 1- 0 0 ~ Wil11e.~8 my hand nnd official seal. MARlSA HAlnMAHN NOTARY PUBUC COUNTY OF . STATE OF LINCOLN WYOMING MY c;or.tMISSlON EXJIIIIfS FEIIIUMr 5, 2012 (Seal) WŸOMING FfÙïiVïôRTOAGE -. 6/96 jJ vt r i Ç(/\tf(/l(hrl CC lì tl___.__.. Prim or Type N<lme 12 - r-..; I '.L..........................._.. My commission expires: ./ . ___ .. ~ ..~..m._......_m" Pugs 8 of 8 Dor:Maglc ell'i';l/Wf) 8..·649·1.?62 www.doCmsglc,cQm ............. -·w·y·.,....··~·~,·· ûOÒS63 Mhr,wf.xnil Record ami Return 0 by Mail 0 by Pìckup to: c.o.nY..e.:rs..e..J&ur¡ty Bank ~JtQ~..§ª..~.....,l~.~...Wª-l!lYt;;m__. po\,!g1ª-s. Wyoming .ª-ÆL§:l.â.___ Loan Number: 7336993 MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT This Rider is made t ¡is 26th day of MARCH r 2008 , and is incorporated into and am~'I1d¡¡ and supplements the Mortgage, Opell·F.nd MOLlgage, Deed of Trust, or Crcdit Line Deed of Trust. Security Deed ("Security Instrument") of the same dale given by the undersigned ("Borrower") to secure Borwwer's Note to Converse County Bank ("Lender") of the same date ("Note") and coveriilg the Property described in the Security Instrument and loe3ted at: 1112 WEST HWY 235, LA BARGE, WYOMING 83123 [Property Addrt"" Borrower and Lender agree that the Sec.urity Instrument is amended and stlppJemented to read as follows; 1. Menning of' Some Words. As used in this Rider, the term "Loan Documents" means the Note. the Security Instl1lJnem and any Construction Loan Agreemem, and the term "Properly," as that term is defined ill the Security (nstrumem, ineJudes the "MantlfactUred Home" desèribedill Pantgraph 3 ofthis Rider. All tenllS defined in the Note or the Security Instrument shall have the same meaning in this Rider. 2. Ptu'pose and Effect of Ridel', [F THERE IS A CONPLlCT BETWEEN THE PROVISIONS IN THIS RIDER AND THOSE IN THE SECURITY INSTRUMENT, THE PROVISIONS IN THIS RIDER SHALL CONTROL. THECONPLlCTING PROVISIONS IN THESECURJTY INSTRUMENT WILL BE ELIMINATED OR MODIPJED AS MUCH AS .IS NECESSARY TO MAKE ALL OF THE CON.FLlCTING TERMS AGREE WITH THIS RIDER. MANUFACTURED HOME R.IDER. TOSECÙRïiy,'Ñ"iiiR'ÜMENT 10/20r05 Pago 1 01 4 OoCMtiglc eJ.~ 8U().o64.q~t .16~ www.dói;mogic.r:òm CJIIJ~ RS7 000564 Mnr.wf.xlllI 3. Lender's Security Itlleœsl. All of Borruwer's ubjigation., secured t¡y the Security Instrument also shall be secured by the Manufactured Home; 000565 Used NewlU~cd _........._J..!n~!t..._..__......._._..._ Ycar C_blll1\pion Manutaéturtl"s Name ~_._. Model Naltlt or Mud~1 No, 5107 AlB M.anuraCh.trer's ~rial Nu. 48.3 X 23.60 Lengt" ~ Witlt" ...__...........-......._._~_.__._.... ._.lD" 077607 and IDA 077608 HUD Label NUnlb.,(s): Surrende1;ed Cenific¡¡tt .of 'fitle Number: 4. (a) (b) (C) (d) (e) Al'fixation, Borrower covenants and agrees: to aftix the Manufactured· Home!O a permanent foundation on the Property: to comply with all Applicable Law regarding the affixation of the M¡Ulufactured Home to the Property: UpOIl Lender's request. to surrender the certificate of tlLle to the Manufactured HOllie. if surrender is permitledhy AppJicable Law, and to obtain the requisite governmental approval and ducumentatiun necessary to classify the Manufactured Home as real property under Applicable Law; th'lt affixing the Manufactured Home to the Property doesJlot. violate any· zoning laws or other local requirements applicable to the Property: Ihalthe ManuÜlctured Burne will be, at all tìmes and foral.! purposes, pel1l1anemly affixed. to and par! of the Properly. S. Charges; Liens. Section 4, Paragraph I of the ,securily Instrument is amended to add a new third sentcltce 10 read: Borrower shall prompLly furnish to Lender aJl notices of amounts to be paid under this paragraph and receipts evidencing the payments. 6. Prøperty 1l1sumnce. ¡¡eetion 5, Paragraph I of the Security Insmnnel1t is amended to add a new second sentence to read: Whenever the Manufactured Home is transported un the highway. Borrower must have trip insurance. 7. Notices. The second sentence of Section J 5 of the Security Instrument is amended by inserting the words "un(ess Otherwise required by law" al the end. 8. Additional Event.q of Default. Borrower will be in default under the Security Instrument: (a) if any strue·ture onll1e Property, including the Manufactured Hutl1e, shall be Temoved, demolished or substantially altered: (h) if BOrr\l\ver fails to comply with ;joy rt'quirementof Applicable UtII' (Lend~r. however, may comply and add the expense to theprincipa( balance Borrower owes to Lender): -or Ie) if Borrower grants or permits any Benon [he Property other than Lender's lien, or liens for talles and a,qsessments that are not yet due nod payable. MANUFACTUREÖï:¡ëiMË'ii¡6j::f1TÓ"SECURITY I NSTAUMENT 10/20105 Page 2 nt 4 DocMegfc e:hltll'li'iroJ.1 8OQ.·64.9·1.162 www.docmtJgic.com tJßS ç5S Mhrwr.lI.ml 9. Nótlce ot'Dêfault. If requIred by A~)pJjcableLaw, before using a remedy, Lender wiU send Borrower any notice required bylaw, and wait for any cure period that the law may req~lÌre for that -remedy. 10. Additional Rights of Lender in .Event of Foreclosure IInd Sale. In !Iddition to those rights granted in tM. Note ahd Security Instrument, Lender shall have the fÖllowing rights in the event Lender commences proceedings for the foreclosure and .sale of me Property. (a) At Lender's option, to the cMent permitted by Applicable Law, Lender may elect to treat the M!lnufacmred Home as persollal property ("Personal Property Collau.:ral "i. Lender may repossess peacefully fröm the place where the Personal Property Collaler;ù is located without Borrower's penuissiOIl. Lender also may require Borrower to make the Personal Property Collateral available to Lender at !I place Lender designates that is ['casonably convenient 10 Lender and Borrower. At Lender's option, to the extent permitted by Applic;lble Law, Lender may detach and remove Personal Property Co] lateral frol11 the Property, or Lender may take possession of it 'md leave' it on the Property. Borrower agrees to cooperate with Lender jf Lender exerc-iscs .theseright.~. (b) After Lender repos'sesses, Lender may seUlhe Persorull PI'operty CoUatcl'lll.al¡dapply the sale proceeds to Lender's reasonable repossession, repair; slorage, and sale-expenses. and then !Oward uny other amounts Borrower owes under the Loan Documents. (c) [n theevenl of allY foreclosure sale, whether made by T11Istee, or under juçtglllent of a court, all of Ihe real and Persona] Property Coll:tIèral 111ay, .tlthe option of Lender, be sold asa whole or in parcels. It shall nOl be necessary to h,we preS~'11t at ¡he place orsuch sale the Personal .Property CoJlaleral or any pan thereof. Lender, as well as Trustee on Lender's beha(f, shall have aU the righlS, remedies and recourse with respect to the Personal Property CoUatcral afforded to a 'Seeured Party" by Applic¡lble Law in addition to. and not in limitation of, the other rights and recourse afforded Lemler and/or Trustee under the Security Instrument. By signing below, Borrower uccepts and ugrees to the terms and covenants contained in this Rider. ""~~,~ ~~s#i~ ..".._..__...........-~ ___...h_.......___.___.__ Borrower Borrower --.-..-.--...... .............."...............................-- Borrower Borrower MANUFACTURED HOME RIDER TO sEcuRri'ÿ"ïÑsTRUMENT 1 0/20/05 Page 3 at 4 DoçMaglc ~.Íj{nmOi!l 80(}·649· '362 .wwW.docmøgic.com 000566 STATE OF WYOMING ) ) S5. ) COUNTY OF LINCOLN I. the undersigned Nmary Public, in and for the aforesaid State and County, do hereby certify that WILLIAM BEN ST. JOHN, PEGGY JO ST. JOHN Borrmver(s), personally appeared before mè in said County and acknowledged the within instrument to be their act and deed. Givcn under my hand and scal this. Z (¿¡ day of~HttY C h '200 ß . MARISA HARTMANN NOTARY PUBUC COUNTY OF . STATE OF UNCOLN WYOMING MYCOMMSSION EXPIRES FEllRlMRYIi, 2012 (Scal) My- Commission Expires: 1. - S . (2 Drafted By: Er in Haqer MA'Ñ0"FAÖ;URËÕHÕME RIDER TO SECURITY INSTRUMENT '0120/05 Page 4 of 4 .........-........ DocMliglç· e:r;ø.mri?OOJ 000-649· tJ62 www;docmflgic;com Mhl......b..ml 000567