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COUNTRYWIDE BANK, FSB
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
RECEIVED 10/22/2008 at 11 :01 AM
RECEIVING # 943078
BOOK: 707 PAGE: 512
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Prepared By:
CHRISTINA FOWLER
ÜOö5j.2
[Space Above This line For Recording Data)
WY5911065988703
[Case #]
62279
[Escrow/Closing #]
00019346952210008
[Doc ID #]
State of Wyoming
MORTGAGE
FHA Case No.
WY 5 911 0 65 9 8 8 7 03
MIN 1001337-0003302252-9
THIS MORTGAGE ("Security Instrument") is given on OCTOBER 21, 2008 . The Mortgagor is
JAMES D PHELPS, AND ERICA L PHEIJPS, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETY
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely
as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized
and existing under the laws of Delaware, and has an address and telephone number of
P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
COUNTRYWIDE BANK, FSB
("Lender") is organized and existing under the laws of THE UNITED STATES ,andha'J an address of
1199 North Fairfax St. Ste.500, Alexandria, VA 22314
Borrower owes Lender the principal sum of
TWO HUNDRED FORTY THOUSAND EIGHTY TWO and 00/100
Donars (U.S. $ 240,082.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payment'J, with the full debt, if not paid earlier, due and payable
on NOVEMBER 01, 2038 . 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 covenant'J and agreement'J under this Security Instrument and the Note. For this purpose, Borrower does
hereby mortgage, grant and convey to MERS (solely a'J nominee for Lender and Lender's successors and assigns) and
to the successors and assigns of MERS with power of sale, the fonowing described property located
in LINCOLN County, Wyoming:
Lot 10 of FOREST MEADOW SUBDIVISION, Lincoln County, Wyoming, as shown on the
official plat thereof filed September 17, 1981, as Receiving No. 565472, in the
Office of the Clerk of Lincoln County, Wyoming, as Plat No. 271.
FHA Wyoming Mortgage with MERS - 4196
MERS FHA Mortgage-WY
2004N-WY (04/08)(d/í)
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CASE #: WY5911065988703
Parcel ill Number: 371828305012
which has the address of
DOC ID #: 00019346952210008
517 THREE RIVERS DR, ALPINE
[Street, City]
Wyoming 83128
[Zip Code]
("Property Address");
TOGETHER WITH all the improvement~ now or hereafter erected on the property, and all easements, appurtenances
and fixtures now or hereafter a part of the property. All replacement~ and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS hold~ only legal title to the interests granted by Borrower in this Security
Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and
a~signs), ha~ the right: to exercise any or all of those interest~, including, but not limited to, the right to foreclose and sell the
Property; and to take any action required of Lender including, but not limited to, relea~ing or canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and ha~ the right
to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrant~ 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 covenant~ for national use and non-uniform covenant~ with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest
on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest a~ set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) lea~ehold payment~ 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 V.S.C. Section 2601 et seq. and implementing 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 disbursements
or disbursements before the Borrower's payment~ are available in the account may not be ba~ed on amount~ due for the
mortgage insurance premium.
If the amount~ held by Lender for Escrow Items exceed the amount~ permitted to be held by RESP A, Lender shall
account to Borrower for the excess funds a~ 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 a~ permitted by RESP A.
The Escrow Funds are pledged a~ 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 it~ms (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 installment~ for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender a~ 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 a~sessment~, lea~ehold payment~ or ground rent~, 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 la~e charges èw:; under the No~c.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence o.r 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 companics approvcd by Lender.
The insurance policies and any renewals shall bc held by Lendcr and shall include loss payable clauscs in favor of, and in
a form acceptable to, Lender.
In the event of loss, Borrower shal~ 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. Allor any part of the insurance proceeds
may be applied by Lender, at it~ option, either (a) to the reduction of the indebtedness under the Note and this Security
MERS FHA Mortgage-WY
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·CASE #: WY5911065988703
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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 payment,; 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.
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 determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist
which are beyond Bòrrower'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 infonnation or statements
to Lender (or failed to provide Lender with any material infonnation) 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 lea,;ehold, Borrower shall comply with the provisions of the lease. If Borrower acquires
fee title to the Property, the lea,;ehold 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 indebtedness under the Note
and this Security Instrument, first to any delinqueT1t 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 receipt'; evidencing these
payment,;.
If Borrower fails to make these payments or the payment'; required by paragraph 2, or fails to perform any other
covenant,; 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 right';
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 amount,; 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 ha,; 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 default,; by failing, for a period of thirty days, to perfonn any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (i~cluding Section 341(d)
of the Garn-St. Gelm!lin Deposit0..f)' Institutions Act of 1982, 12 U.S.C. 1701j-3(d» amI with the prior approval
of the Secretary, require immediate payment in full of ~l 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 purcha,;er or grantee as his or her principal residence, or the
purcha,;er 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 payment,;, Lender does not waive it,; rights with respect to subsequent event,;.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's right';, 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.
MERS FHA Mortgage-WY
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CASE #: WY5911065988703
DOC ID #: 00019346952210008
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
detennined to be eligible for insurance under the National Housing Act within 60 days from the date hereof,
Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument.
A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,
declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such
ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even
after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all
amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this
Security Instrument, foreclosure costs and reasonable and customary 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 a<; if Lender had not required immediate payment in full. However, Lender is not required
to pennit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings
within two years immediately preceding the commencement of a current foreclosure proceeding, Oi) 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 successor
in interest. Lender sh¡¡ll 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 tIle exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenant<; and agreements
of this Security Instrument shall bind and benefit the successors and a<;signs of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenant<; and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security
Instrument or the Note without that Borrower's consent.
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 ma.i1 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 conflict<; 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 pennit the presence, use, disposal, storage, or relea<;e 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 nonnal 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 a<; toxic or hazardous substances
by Environmental Law and the following substances: ga<;oline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing a<;bestos or fonnaldehyde, and radioactive materials.
As used in thi~1 paragraph 16. "Environmental Law" means fedenJ 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 ôf Rents. To the extent permitted by applicable law, Borrower unconditionally assigns and
transfers to Lender all the rent<; 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 rent<; to Lender or Lender's agent<;,
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 rent<; and revenues of the Property as trustee for the benefit of Lender
and Borrower. This assignment of rent<; constitutes an absolute assignment and not an a<;signment for additional security
only.
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CASE #: WY5911065988703
DOC ID #: 00019346952210008
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 rente¡ 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 rente¡ and has not and wíll not perform any act that would
prevent Lender from exercising ite¡ righte¡ 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 rente¡ 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 coliect all
expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to,
reasonable attorneys' fees and costs of title e'\(idence.
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 the 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 foliowing 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 tilt! 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. Borrower shall pay any recordation coste¡. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
applicable law.
20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights
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 covenante¡ and agreemente¡ of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check
applicable box(es)].
D Condominium Rider D Growing Equity Rider
D Planned Unit Development Rider D Graduated Payment Rider
D Other [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any
rider(s) executed by Borrower and recorded with it.
JAME~~
(Seal)
-Borrower
·~(J(id,~
ERICA L. PHELPŠ
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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2004N-WY (04108)
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CASE #: WY5911065988703
State of ~ (j"",^,,~
\ /
County of\ ~
,
DOC ID #: 00019346952210008
(Seal, if any)
~
(Signature of otarial officer)
~~ \' \0'-') ~~I\-
Title (and Rank)
. MEUSSÁ CAPENER - NOTARY PUBUC .
County of . State of
Teton Wyoming
My Commission expires Ma 19. 2012
My Commission Expires: .:; \ \ \. \ \ <--
MERS FHA Mortgage-WY
2004N-WY (04108)
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