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HomeMy WebLinkAbout938404 6010816518 RECEIVED 4/21/2008 at 1 :51 PM RECEIVING # 938404 BOOK: 692 PAGE: 434 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000434 [Spa!!!> Ab!l1'e TJús Lin!> F!lr Re<:ording Datal FHA Case No. State of Wyoming MORTGAGE 591-1027950 703 TIllS MORTGAGE ("Secwity Instrument") is given on APRIL 15, 2008 The Mortgagor is SHAWN A WHITMORE AND CHRISTA WHITMORE, HUSBAND AND WIIi':&: ./. ("Borrower"). This Security Instrument is given to WELLS FARGO BANK, N.A. which is organized and existing under the laws of THE UNITED STATES , and whose address is P.O. BOX 11701, NEWARK, NJ 071014701 ("Lender"). Borrower owes Lender the principal swn of ONE HUND~ED FORTY SIX THOUSAND NINE HUNDRED SEVENTY TWO AND 00/100 Dollars (U.S. $ ****U***146,972. 00). Tms debt IS eVIdenced by Borrower's note dated the same date as this Security Instrument ("Note"), wmch provides for mont1ùy payments, with the full debt, if not paid earlier, due and payable on MAY 01, 203 B Tms 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 Instroment; and (c) the performance 0093432518 FHA Wyoming Mortgag!> " 4/96 G-4A{WYJ (06041.01 <IÞ VMP MOI1TGAOe FOAMS· 8 15 P.-gCl' ofB û00435 of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender with power of sale, the following described property located in LINCOLN County, WyollÚng: SEE ATTACHED LEGAL D~SCRIPTION TAX STATEMENTS SHOULD BE SENT TOI WELLS FARGO HOME MORTGAGE, P.O. aox 11701, NEWARK, NJ 071014701 w1ùch has the address of 617 SAGE AVENUE, KEMMERER [Street, City), Wyoming 83101 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and aU easements, appurtenances and fIxtures now or hereafter a part of the property. All replacements and additioIlS shall also be covered by this Security IIIStrument. All of the forego1l1g is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencwnbered. 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. TIDS 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. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Chargè. 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 montWy payment, together with theprincípaI and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levÍed 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 dle Len~ 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 montWy payment shall also include either: (i) a sum for the annual mortgage Insurance premium to be paid by Lender to the Secretary, 01' (U) a monthly charge Instead of a mortgage insurance premium íf this Security Instrument is held by dle 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, coHeet and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be reqUIred for Barrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and ímplementing regulations. 24 CPR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbnrsements or disbursements before the Borrower's payments are available in the account .may not be based on amounts due for the mortgage insurance premium. G-4R(WY) (9604),01 <I> pag. 2 of 8 ,...(1) 000436 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 Bon-ower 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 Secœtary 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. Firet F100d and Óther Hazard Insurance. Borrower shall insure aU improvements on the Property. whether now in existence or subsequently erected, against any hazards, casuaLties, and contingencies, including fire, for wlùch Lender reqwres 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. AU 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 clause.s in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall gìve Lender lInmediate notice by mail. Lender may make proof of loss ¡fnot 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 wlùch are referred tò in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay aU 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. 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 Instrument (or within sIxty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender detennines 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 conumt waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonablf' 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 G-4RIWY) (~6041.01 <P Pag" 3 of6 .~ Û00437 abandoned Property. Borrower shaH also be in default if Borrower, during the loan application process, gave materially false or maccurate mformation or statements to Lender (or failed to provide Lender with any material info.ßlliltion) in connection with the loan evidenced by the Note, including, but not limited to, representations concenùng Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrowe;r shaIl 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. 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 mdebtedness 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 perfonn 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 tills paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts sha.U 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 wriÛiJ.g 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 tills 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 Iust11iment if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ü) Borrower defaults by failing, for a period of tillrty days, to perform any otller obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if pennitted by applicable law (including SectIOn 341(d) of the Garn-St. Germain Deposìtory Instltutions Act of 1982, 12 D.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 ìf: e-4R(WY) 19604/.01 @ Pogo 4 of 8 "z;:t¡) Ü00438 (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (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 out 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 wiIl1imit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not pald. 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 trom 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 trom the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoìng, this optlOn 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 reiIlStatement 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 requlred 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 tlris Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to COmmence proceedings against any SUccessor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrnm.ent 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 LiabiJity; Co-Signers. The covenants and agreements of this Secunty 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 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. G-4R(WY) gS04).01 <» Pogo 5 of S ,,?iJjj ü00439 13. Noti!:es. Any nohce to Borrower provided for in this Security Instrument &hall be given by delivering it or by mailing It by first class mail unless applicable law reqUIres use of another method. The notice shaH 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 addréss stated herein or any address Lender designates by notice to Borrower. Any noti.ce 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 !he 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 ìs in violation of any Environmental Law. The preceding two sentences shall not apply to the p.œsence, 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 wlùch Borrower has actual knowledge. If Borrower learns, or is notified by any govermuental or regulatory authonty, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actioDS in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous ~'Ubstances 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 matelials. 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 asslgns 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 te11ant 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 Instl11ment, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benetit 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 fot 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 rcnts due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Bonower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a Judicially appointed receiver may do so at any time tlIcre is a breach. Any applicatlOn of rents &hall not cure or waive any default or invalidate any otller 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. G-4RIWYI (96041.01 oJ> p.g. 6 or ~ m Inltl.als; 000440 18. Foreclosure Procedure. If Lender requires immediate payment in fun under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable Jaw. Lender shall be entiUed 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. H Lender invokes the power of sale, Lender sllall give notJce of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with applicable law. Lender shall give notice of the sale to Borrower in the manner provided in paragraph 13. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by appUcable 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 linúted to, reasonable attorneys' fees; (b) to all Sums sec:ured 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 tbe Secretary and the Secretary requires immediate payment ill full under Paragraph 9, the Secretary may invoke the nonjudicial' power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 (lIActll) (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to seli 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 tltis Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by th.ís Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in die Properly . 21. Riders to thjs 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 agree~nts of this Security Instmment ns if the rider(s) were a part of th.ís Security In.WJunent. [Check applicable box(es)]. U Condominium Rider 0 Growing Equlty Rider 0 Other [specify] o Planned Unit Development Rider 0 Graduated Payment Rider .~4R(WY 196041.01 P""e7ote g 000441 BY SIGNING BELOW, Borrower accepts and agrees to the terms COt any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WYOMING, SHAWN A WHITMORE (Seal) -Borrower VjMtJ/~~ } CHRISTA WHITMORE (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower County SSI The foregoing instrument was acknowledged before me this APRIL 15TH, 2008 (date) by SHANN A WHITMORE AND CHRISTA WHITMORE (person aCknowledging) My Comnnssion EXPir~~c::Q ~C01 ,,' ~:';"'h 'd'o .~-'. :--""".. ,'" .-f:<,".r',~'''40''''....:.;r~~~. DEBORAH A, L:,j"" . ¡,'JCiHY PUBLIC' COUN1Y OF LINCOlN STATE OF WYOMING ~...("~..' . ...-1...."1 _,¡;4RIWY) (96041.01 ~U.I1Q a .ßo~_ Notary Public P'l908of8 000442 Exhibit A File 6010.816518 DescriptlQn The land referred to ill this document is sItuated in the State of Wyoming, County of Lincoln, and is described as foHows: The Northerly 70 feet of Lots 1 and 2 ofBJock 38 of the First Addition to the Town of Kemmerer, Lincoln County, Wyoming more particularly described as foUows: Beginning at the Northeasterly cornel' .of said Lot 1 wJùch Is at the intersection of Pearl Street and Sage Avenue, and running thence Southerly on Sage Avenue, 70 feet; thence Westerly 100 feet to the West llne of said Lot 2; thence Northerly on the Westerly boundary llne of said Lot 2,70 teet to Pearl Street; thence Easterly on Pearl Street, 100 feet to the point of beginning. 1;Jf{