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HomeMy WebLinkAbout944806 '?..i." 'oJ 6010817422 Return To: Prepared By: RECEIVED 1 /21 /2009 at 11 :08 AM RECEIVING # 944806 BOOK: 713 PAGE: 394 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Bank of the West Post Closing 13505 California st. NE-BBP-LL-P Omaha, NE 68154 Cristina Jensen 13505 California st Omaha, NE 68154 ûOû394 ¡Space Above This Line Fo ' Reconling Data] FHA Cas" No, Stute of Wyoming MORTGAGE 591-1077202-703 MfN 100104088005421282 THIS MORTGAGE ("Security Instrument") is given on January 15, 2009 The Mortgagor is SCOTT E BEYER and CAROL J BEYER, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES ("Borrower"), This Sewrity Instrumcnt is gÍ\'cn to Mortgage Hlcctronie Registration Systems, Inc, ("M ERS"). (solely as nominee tÖr Lender, as hereinalìer delined. and Lender's sllccessors and assigns), as mOrlg¡1gee, MERS is organized and existing under the laws or Delaware, and has an address and telephone number or p, 0, Box 2()2ó, Flint, MI 48501-202ó, tel. (888) 679-MERS,Bank of the West, a California state banking corp. ("Lender") is org,mized and existing under the laws of The State of California . and has ,m address of13505 California St, NE-BBP-LL-P I Omaha, NE 69154 , Borrower owes Lender the principal sum of One Hundred Fifty Two Thousand Seven Hundred Twenty Six And Zero/100 Dollars (u. S, $152,72 6.00 ), This debt is evidenced by. Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the fuU debt, ifnot paid earlier. due and payable on February 01, 2039 , This Security Instrument secures to Lender: (a) the repayment ofù1e debt evidenced by the Note, with interest, ,md aU renewals. extensions and moditìcalÌons of the Note; (b) the payment of aU other sums, with interest, adv,mced tmder paragraph 7 to protect the security of this Security Instnm1ent; ,md (c) the perform,mce of Borrower's covenants and agreements tmder this Security Instnm1ent and Ù1e Note, For [his purpose. Borrower does hereby mortgage, grant and convey to MERS (so] ely as nominee for Lender and Lender's successors ¡md 8800542128 FHA MortgagawilhMERS-WY VMP@ Wall ers Kluw er Financial Services 8800542128 Revised 4/96 ~ Amended 2/01 VMP4N(WY) (0803) Inilia ' " Page 1 of 9 t!b OOv395 assigns) and to the successors ,md assigns of MERS with power of sale, the following described property located in Lincoln COlllty, Wyoming: SEE ATTACHED LEGAL Parcel ill Numher: 12211623113019 which has the address of 517 OPAL STREET KEMMERER ICity], Wyoming 83101 IStrt'etj ¡Zip Code] ("Property Adclress"); TOGETHER WITH all the improvements now or hereafter erected on the property, ,md all easements, appurtenances ,md fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrllllent. All of the foregoing is referred to in this Security InstrlIDlent as the "Property. " Borrower Illderst,mds and agrees that MERS holds only legal title to the interests granted by Borrower in this Security InstnIDlent; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise ,my or all of those interests, including, but not limited to, the right to foreclose ,md sell the Property; ,md to take ,my action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed ,md has the right to mortgage, grant and convey the Property ,md that the Property is unencllllbered, except for encllllbrances of record, Borrower warreIDts and will defend generally the title to the Property against all claims ,md demands, subject to any enclIDlbrances of record, THIS SECURITY INSTRUMENT combines lmiform covenants for national use and non-Illiform covenants with limited variations hy jurisdiction to constitute a lmiform security instrlIDlent covering real property, Borrower ,md Lender covenant and agree as follows: UNIFORM COVENANTS, 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal 01: and interest on. the deht evidel1\;ed hy tJle Note and late charges due under tJ1C Note, 2. Monthly Payment of Taxe,~. Insurance and Other Charges. Borwwer shall include in each monthly payment, togetJler WitJl the principal and intcrest as set rortll in the Note and any late charges. a sum for (a) taxes and special assessments levied or to he levied against tJle Propcrty. (b) leasehold payments or ground rents on the Property, and (c) premilmls for insur,mce required under paragraph 4, In any year in which the Lender must pay a mortgage insuremce premium to tJle Secretary or Housing ,md Urban Development ("Secretary"), or in ,my year in which such premitUll would have been required if Lender still held the Security Instrllllent, each monthly payment shall also include either: (i) a Sllll for the annual mortgage insurance premlllll to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premillll if tJlis Security InstrlIDlent is held by the Secretary, in a reasonable anlolllt to be determined by the Secretary, Except for the monthly charge by the Secretary, these items are called "Escrow Items" ,md tJle sums paid to Lender are called "Escrow Flllds, " 8800542128 FHA Morlgagewilh MERS-WY VMP@ Wollers Kluwer Financial Services 8800542128 ~ Revised 4/96 Amended 2/01 MP4N(WY) (0803) Inillals J 4$ Pege 2 of 9 00\1396 Lender may, at ,my time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximlIDl amOlIDt that may be required for Borrower's escrow accOlIDt under the Real Estate Settlement Procedures Act of 1974, 12 U, S, C. Section 260 I et seq, and implementing regulations, 24 CFR Part 3500, as they may be ,mlended from time to time ("RESP A"), except that the cushion or reserve permitted by RESP A for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on anlOunts dlle for the mortgage insurance premilml, If the anlOunts held by Lender for Escrow Items exceed tile anlounts permitted to be held by RESP A, Lender shall account to Borrower for the excess n.mds as required by RESP A. If the anlolmts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due. Lender may notify the Borrower ¡md require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security fÖr all SunlS secured by this Security Instrument. If Borrower tenders to Lender tile full payment of all such sums, Borrower's account shall be credited with the bahmce remaining for all installment items (a), (b). and (c) ¡md ¡my mortgage insurance premiunl installment that Lender has not become obligated to pay to tile Secretary, and Lender shall promptly relìmd any excess funds to Borrower. Ú1mlec1iately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's accOlIDt shall be credited with any balcmce remaining for all installments for items (a), (b). ,md (c), 3. Application of Payments. All payments ¡mder paragraphs land 2 shall be applied by Lender as follows: First, to tile mortgage insurance premium to be paid by Lender to the Secretary or to tile monÙlly charge by the Secretary insteaJ of Ùle monùlly mortgage insurance premium; Second, to any taxes, special assessments, leaseholJ pa)TIlents or grOlmd rents, and lire, l10ml and other haz<1TcI insur,mce prenulmlS, as required; Third, to interest dœ under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under ùle Note, 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against ¡my hazards, casualties. and contingencies, including fire, for which Lender requires insur¡mce, 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 !loads to the extent required by the Secretary, All insurance shall be carried with companies approved by Lender. The insur,mce policies and ¡my renewals shall be held by Lender and shall include loss payable clauses in favor of, ¡md in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender inmlediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance comp¡my concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly, Allor ¡my part of the insurance proceeds may be applied by Lender, at its option, eitiler (a) to the reduction of the indebtedness under the Note ¡rnd this Security Instrument, first to ¡my delinquent ¡mlounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the danlaged Property, Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or ch¡rnge the ¡mlount of such payments, Any excess insurance proceeds over ¡m amOlmt required to pay all outst,mding indebtedness under the Note and ùlis Security Instrument shall be paid to the entity legally entitled thereto, In the event of foreclosure of this Securit.y Instrument or other transfer of title t.o the Property that extinguishes Ùle indebtedness, all right. title and interest. of Rorrmver in and t.o insurance policies in force shall pass to the purchaser, 8800542128 FHA Morlgage w ilh M ERS - WY VMP® Wolters Kluwer FinancIal Services 8800542128 ® Revised 4/96 Amended 2/01 VMP4N(WYI (0803) Inillals:'-" Page 3 of 9 Q 0..8 60ú397 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shaJl occupy, establish, and use the Property as Borrower's principal residence within sixty days aller the execution of this Security Instnmlent (or wiÙlin sixty days of a later sale or transfer of the Property) and shall continue to occupy tJle Properly as Borrower's principal residence for at least one year after the date of occupancy, lIDless Lender determines tJlal requirement will Gluse undue hardship for Borrower, or unless extenuating circlIDlstances exist which are beyond Borrower's control. Borrower shall noti fy Lender of ,my extenuating circumstances, Borrower shall not conmlit waste or destroy, damage or subst<mtiaIJy change the Property or allow the Property to deteriorate, reasonable wear and tear excepted, Lender may inspect ilie Property if the Property is vac,mt or abandoned or the lmm is in default. Lender may take reasonable action to protect ,md preserve such vac,mt or ab,mdoned Property, Borrower shall also be in default if Borrower, during ilie loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with ilie loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of ùle Property as a principal residence, If tlùs Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold ,md fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of ,my award or claim for d,mlages, direct or consequential, in connection with ,my condemnation or other taking of ,my part of tJle Property, or for convey,mce in place of condenmation, are hereby assigned and shall be paid to Lender to tJle extent of the fuJl ,mlount of the indebtedness iliat remains unpaid lIDder the Note and iliis Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness lIDder the Note ,md iliis Secmity Instrument, tìrst to any delinquent amolIDts applied il1 the order provided in paragraph 3, ,md then to prepayment of principaL Any application of the proceeds to ilie principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the anlOunt of such payments, Any excess proceeds over ,m ,mlount required to pay aIJ outsumding indebtedness under the Note and iliis Security InstrlIDlent sh,ù I be paid to the entity legaJly entitled thereto, 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governnlental or municipal charges, tines and impositions that arc not included in paragraph 2, Borrower shaJl pay these obligations on time directly to tJle entity which is owed the payment. If failure to pay wOLùd adversely ailed Lender's interest in the Property, upon Lender's request Borrower shaIJ promptly furnish to Lmder receipts evidencing tJlese payments, If Borrower fails to make Illese payments or the payments required by paragraph 2, or fails to perform ,my other covemmts and agreements contained in Ihis Security In stnml en I., or Illere is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condenmation or to enforce laws or regulations), then Lender may do ,md pay whatever is necessary to protect the value of the Property and Lender's rights in ilie Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2, Any anlolIDts disbursed by Lender lIDder Illis paragraph shall become an additional debt of Borrower and be secured by this Security InstrlIDlent. These ,mlolIDts shall bear interest from the date of disbursement, at ilie Note rate, ,md at the option of Lender, shall be inmlediately due ,md payable, Borrower shall promptly discharge any lien which has priority over iliis Security Instrument UIÙess Borrower: (a) agrees in writing to the payment of ilie obligation secured by the lien in a mmmer 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 ITom the holder of the lien ,m agreement satisfactory to Lender subordinating the lien to Illis Security Instnunent. If Lender determines that ,my 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 sh,ùl satisfY the lien or take one or more of the actions set forth above within I () days of the giving of notice, 8800542128 FHA Morlgagewilh MERS-WY VMP@ Wolters Kluwer Financial SerVIces 8800542128 Revised 4196 ~ Amended 2101 VMP4NIWY) 10803) Inil'a's Page 4 of 9 QJ6 00ó398 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 inmlediate payment in full of all SlID1S secured by this Security InstrlUllent if: (i) Borrower detàults by failing to pay in full any monthly payment required by this Security InstnUllent prior to or on the due date of tile next monthly payment, or (ii) Borrower defaults by ÜÜling. for a period of thirty days, to perform ,my other obligations contained in this Security InstrlIDlent. (b) Sale Without Credit Approval. Lender shall. if permitted by applicable law (including Section 34 J (d) of the Garn-St. Germain Depository Institutions Act of 19H2. 12 U.s. (', 170Ij-3(d» ,md with the prior approval of the Secretary. nx¡uire immediate pay1l1ent in full of all SUIllS secured by this Security Instrument if: (i) All or part of the Property. or a bene/kial interest in a Lrust owning all or part ofÙle Property. is sold or otherwise Lr,Ulsferred (other Ùlan by devise or descent), ami (ii) The Property is not occupied by the purchaser or gnmtee as his or her principal residence. or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary, (c) No Waiver. If circlID1St,mces occur that would permit Lender to require inmlediate 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. hl many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment deÜlUlts, to require irmnediate payment in full ,md foreclose if not paid, This Security InstrlUllent does not aUùlOrize acceleration or foreclosure if not permitted by regulations of the Secretary, (e) Mortgage Not Insured. Borrower agrees that if this Security Instnmlent ,md the Note are not determinoo to be eligible lè>r insurance lUlder Ùle National Housing Act within 60 days from the date hereof, Lender may, at its option, require inmlediate payment in full of all SlUllS secured by this Security Instrument. A written statement of ,my autilorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and tile Note, shall be deemed conclusive proof of such ineligibility, Notwithst,mding tJle fÖregoing, tJlis option may not be exercised by Lender when tJle unavailability of insunmce is solely due to Lender's failure to renlit a mortgage insurance premilIDl to the Secretary, 10. Reinstatement. Borrower has a right to be reinstated if Lender has required inmlediate payment in full because of Borrower's failure to pay an amount due under Ùle Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted, To reinstate Ùle Security Instrument. Borrower shall tender in a llmlp SlIDl all amOlUlts required to bring Borrower's accOlUlt current including. to tJle extent they are obligations of Borrower under this Security Instrument. foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated WitJl tJle t{¡reclosure proceeding, Upon reinstatement by Borrower. this Security InstrlIDlent ,md the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement alter tJle conmlencement of foreclosure proceedings within two years inmlecliately preceding the conmlencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grolIDds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 8800542128 FHA M orlgage w ilh M ERS . WY VMP® Wolters Kluwer FinancIal Services 8800542128 Revised 4/96 ~ Amended 2/01 ,.. VMP4N(WV) (0803) Initla ' Page 5 of 9 (1 ,T..ð ÜOv39~~ 11. Borrower Not Released; forbearance By Lender Not a Waiver. Extension of the time of payment or moditìcation of amortization of !be SlmlS secured by Ibis Security lnstnunent gnmted by Lender to ,my successor in interest of Borrower shall not operate to release !be liability of !be original Borrower or Borrower's successor in interest. Lender shall not be required to conmlenCe proceedings against any successor in interest or refuse to extend time for payment or o!berwise modify ,mlortization of !be sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants ,md agreements of Ibis Security Instrlmlent shaH bind ,md benetit the successors and assigns of Lender ,md Borrower, subject to the provisions of paragraph 9(b), Borrower's covemmts ,md agreements shaH be joint ,md several. Any Borrower who co-signs Ibis Security Instrument but does not execute the Note: (a) is co-signing !bis Security Instrument only to mortgage, gr,mt and convey that Borrower's interest in the Property Wlder !be terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by Ibis Security Instrlmlent; ¡md (c) agrees !bat Lender and ,my o!ber Borrower may agree to extend, modify, forbear or make any acconmlodations wi!b regard to !be terms of this Security Instrlmlent or tlle Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in ùlis Security InstrWllent shaH be given by delivering it or by mailing it by tirst class maillmless applicable law requires use of ,mOÙler method, The notice shall be directed to Ùle Property Address or any oÙler address Borrower desif,'11ates by notice to Lender, Any notice to Lender shaH be given by tirst class mail to Lender's address stated hcn:in or any address Lender desil,'11ates by notice to Borrower. Any notice provided for in ùlis Security lnstnmlcnl shall be dccmed to have been given to Borrower or Lender when given as provided in ùlis paragraph, 14. Governing Law; Severability. This Security Instrument shaH be governed by Federal law and the law of !be jurisdiction in which tlle Property is located, In Ùle event that any provision or clause of this Security lnstrument or Ùle Note contlicts with applicable law, such connict shall not affect other provisions of Ibis Security InstrWllent or !be Note which c,m be given effect witllOut the contlicting provision, To !bis end !be provisions of !bis Security Instrlmlent ,md the Note are declared to be severable, 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of Ibis Security Instrlmlent. 16. Hazardous Substances. Borrower shall not cause or permit !be presence, use, disposal, storage, or release of ¡my Hazardous Substances on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting !be Property !bat is in violation of ¡my Environmental Law, The preceding two sentences shall not apply to tlle presence, use, or storage on the Property of small quantities of Hazardous Subsumces !bat are generally recognized to be appropriate to normal residential uses ¡md to maintenance of !be Property, Borrower shall promptly give Lender written notice of any investigation, claim, denland, lawsuit or o!ber action by any goverrunental or regulatory agency or private party involving !be Property and any Hazardous Subst,mce or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by émy governmental or regtùatory authority. that émy removal or other remediation of any Hazardous Substances affecting !be Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, As used in !bis paragraph J 6, "Hazardous Substances" are those subst,mces detined as toxic or hazardous substcmces by Environmental Law émd !be following substances: gasoline, kerosene, o!ber flanmlable or toxic petroleum products. toxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde, émd radioactive materials, As used in tllis paragraph 16. "Environmental Law" means federaJ laws and laws of the jurisdiction where the Property is located that relate to heallll. sélfety or environmental protection, 8800542128 FHA Mortgagewllh MERS· WY VMP@ won ers Kluw er FInancIal Servic es 8800542128 ~ Rev,sed 4/96 Amended 2/01 MP4N(WY) (0803) Inil'als, ~ Page 6 of 9 C.J þJ J~ ,- ~.'. C'Ov 01.00 NON-UNIFORM COVENANTS, Borrower and Lemler furÚler covenant ,md agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all Úle rents ,md revenues of the Property, Borrower authorizes Lender or Lender's agents 10 collect the rents and revenues and hereby directs each temmt 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 agrœment in the Sc<;urity Instrument, Borrower shall collect ,md receive aH rents ,md revenues of the Property as trustee for the benefit of Lender ,md Borrower, This assignment of rents constitutes ,m absolute assignment ,md not an assif,,1J1Jnent for additional security only, If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to tile Stuns secured by the Security lnstnunent; (b) Lender shall be entitled to collect and receive aH of the rents of the Property; and (c) each tenant of tile Property shall pay all rents due ,mdlUlpaid to Lender or Lender's agent on Lender's written dem,md to the tenant. Borrower has not executed any prior assigrunent of the rents and has not and wiII not perform any act that would prevent Lender from exercising its rights tmder tilis paragraph 17, Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach, Any application of rents shaH not cure or waive ,my detàult or invalidate ,my other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security lnstrtmlent is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with applicable law. Lender shall give notice of the sale to Borrower in the manner provided in paragraph 13. Lender shall publish 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 ,~ale shall he applied in the following order: (a) to all expenses of the sale. including, but not limited to, reasonable attorneys' fees: (b) to all sums secured by this Security Instrument; and (c) any excess to the Jerson or persons legally entitled to it. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary re()uires 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 el seq,) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all SlUllS secmed by this Security lnstrument, Lender shall release this Security lnstrument without charge to Borrower. Borrower shall pay ,my recordation costs, 20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy ,md dower in tile Property, 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security mstnunent. the covemmts of each such rider shall be incorporated into ,md shall ,mlend and supplement the covemmts ,md agreements of this Security lnstrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)J, D Condominitml Rider D Planned Unit Development Rider 8800542128 FHA M orlgage wilh M ERS - WY VMP® Wollers Kluwer Financial Services D D Growing Equity Rider Graduated Payment Rider D Other [specify] ¡nillals 8800542128 -0 ReVISed 4196 , Amended2f01 ' V P4NIWY) (0803) Page 7 of 9 ~JÞ L-j ()6,·ft BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security InstnU11ent and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ~y:----- c~~(.1:r- 8800542128 FHA Mortgage with M ERS - WY VMP@ WolI ers Kiuw er Financial Services (Seal) -Borrower (Seal) -Borrow~r . (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 8800542128 Revised 4196 ~ Amended 2101 " ,VMP4N(WY) (0803) Inillals Page 8 of 9 e..:çø OOû401 STATE OF WYOMING, .,¿¿/( ctJ~ County ss: This instItID1enl was acknowledged before me on January 15, 2009 SCOTT E BEYER and CAROL J BEYER by My Commission EXPireS:(1;?þ0' k// ¿~~) Notary Puhlic Tille (IInd Rllnk) ¡--- LOR/ KALAN - NOTARY PUBLIC COUNTY OF' STATE OF LINCOLN WYOMING ~ ' . My CommisSion Expires feb, 26 2011 .~." ,....~.""'--....,.......~..,...,.~~-.,.~~ - 8800542128 FHA Morlgage w 1111 M ERS - WY VMP® Wolters Kluwer Financial ServIces 8800542128 ReVISed 4/96 Amended 2101 ~MP4N(Wy)(0803) Inilia¡ . Page 9 of 9 c...r b Exhibit A File 6010817422 Description 00&402 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: Lot 8 of Block 49 ofthe Second Addition to the Town of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof. @ Q.rÞ