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Home My WebLink About945056 ._-~--- -- ...--_..... ,.-~-~-_.- Afler Recording Return To: BUFFALO FEDERAL SAVINGS BANK 7350 STOCKMAN ST., SUITE B CHEYENNE, WYOMING 82009 Loan Number: 57000111574 RECEIVED 2/3/2009 at 3:15 PM RECEIVING # 945056 BOOK: 714 PAGE: 710 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ÚO(/71. 0 [Space Aboye This Line For Recording Datal MORTGAGE FHA CASE NO. 591-1083561-703 MIN: 100724600000004614 nlls MORTGAGE ("SecurÎly Instrument") is giyen on FEBRUARY 3, 2009 The mortgagnr is DIXIE L. JULIAN, AN UNMARRIED WOMAN ("ßorrower"). This Security Instrument is given 10 Mortgage Eleclronic Registration Systcms. Inc. ("MERS") as Morlgagee. MERS is the nominee for Lender, as hereinafter delìned. and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware. and has an address and lelephone number of P.O. Box 2026. Flint, MI 48501- 2026, tel. (888) 679-MERS. BUFFALO FEDERAL SAVINGS BANK, A FEDERAL SAVINGS BANK ("Lender") is organized and existing under the laws of WYOMING and has an address of 7350 STOCKMAN ST., SUITE B, CHEYENNE, WYOMING 82009 Borrower owes Lender the principal sum of ONE HUNDRED SEVENTY - THREE THOUSAND FOUR HUNDRED EIGHTY-THREE AND 00/100 Dollars(U.S,$ 173,483.00 ). This debl is eyidenced by Borrower's note dated the Same date as Ihis Securily Inslrumenl ("Note"). which provides for monthly payments. with lhe full debt, if not paid earlier. due and payable on FEBRUARY 1, 2039 . This Security Instrument securest 0 Lender: (a) the repayment of the deb I evidenced by the Note. with intcresl. and all renewals. extensions and moditications 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) Ihe performance of Borrower's covenants and agreements under Ihis Security Instrument and the Nole. For this purpose. Borrower does hereby mortgage. granl and convey 10 MERS (solely a.1 nominee for Lender and Lender's successors and assigns) Imd 10 Ihe successors and assigns of MERS. with power of sale. the following described property localed \0 LINCOLN County. Wyoming: LOT SIX (6) OF LOZIER SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THERE OFF RECORDED SEPTEMBER 10, 1984 AS DOCUMENT NUMBER 622709 AND MAP NUMBER 309, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. A.P.N.: 12-2113-21-2-00-009.00 FHA WYOMING MORTGAGE· MERS WYMTGZ.FHA 11/01108 Page 1 of 8 DocMaglc ~I\.III ØOO·649·1.Jd2 www.c/Ocmal1/c.com IJ~ ûOû7j.:1 which has the address of 1054 CALHOUN ROAD Opal ICity] . Wyoming [Street] 83124 IZlp Code] ("Property Address"); TOGETIIER WITH all the improvements now or hereafler creel cd on the property. and all easemenls. appurtenances. and fixtures now or hereafter a pari of the property. All replacements and additions shall also he covered by this Security Instrument. All oflhe foregoing is referred to in this Security [nslrument as the "Property." Borrower underslands and agrees Ihal MERS holds only legal title to the interests granted by Borrower in this Security Instrumenl; but. if necessary to comply with law or cuslom. MERS (as nominee for Lender and Lender's successors and assigns) has Ihe right: to exercise any or all of those inlerests, including. but nOllimited 10. the righllo foreclose and sell the Properly; and 10 lake any action required of Lender including. but notlimiled 10. releasing or canceling this Security Instrument. BORROWER COVENANTS Ihat Borrower is lawfully seised of the eSlate hereby conveyed and has Ihe right to mortgage. grant and convey the Properly and that Ihe Properly is unencum bered. excepl for encumbrances of record. Borrower warrants and will defend generally Ihe title 10 Ihe Property against all claims and demands. subject to any encumhrances of record. TillS SECURITY INSTRUMENT combines uniform covenants for national use and non-unil'orm covenants with limiled variations by jurisdiclion to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; I. Payment of Principal. Interest and Late ChRr~e. Borrower shall pay when due the principal of. and inlerest on. the debl cvidenced hy the Note and laic charges duc under the Note. 2. Monthly Payment of Taxes, Insurance, and Other ChR~es. Borrower shall include in each monthly paymenl. togelher with the principal and inleresl as sel forth in the Note and any late charges. a sum for (a) laxes and special assessments levied or to be Icvied againsl Ihe I'roperty. (b) leasehold payments or ground rents on the Properly. and (c) premiums Ii" insurance required under paragraph 4, In any year in which Ihe Lender must pay a mortgage insurance premium 10 the Secretary of Ilousing and Urban Development ("Secretary"). or in any year in which such premium would have been required if Lender still held Ihe Securily Instrumenl, each monthly payment shall also include either: (i) a sum f'or the annual mortgage insurance premium 10 be paid by Lender to Ihe Secretary. or (ii) a monlhly charge instead ofa morlgage insurance premium if this Security Inslrument is held by the Secretary. in a reasonable a01ounllo be determined by the Secretary. ExCCpl for Ihe monthly charge by the Seerelary. these items arc called "Escrow Ilems" and lhe sums paid to Lender arc called "Escrow Funds." Lender may, at any time. collecl and hold amounts for Escrow Items in an aggregate amount nOllO exceed the maximum amount that may be required for Borrower's escrow accounl under the Real ESlate Settlemenl Procedures Acl or 1974. 12 lJ.S.C. §2601 et seq. and implemenling regulations, 24 eFR 'art 3500. as they may be amended from lime to lime (" RESPA"). excepllhallhe cushion or reserve permitted by RESPA for unanlicipated disbursements or disbursements berore the Borrower's paymenls arc available in the account may nOI be based on amounts due for the mortgage insurance premium. Iflhe amounts held by Lender for Escrow Items exceed the amounts permilled to be held by RESPA. Lender shall accounllO Borrower for the excess funds a.\ required by RESPA. If the amounts of funds held by Lender al any lime are nol sullicienl to pay Ihe Escrow Items when due. Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower lenders to Lender Ihe full paymenl of all such sums. Borrower's account shall be crediled wilh Ihe balance remaining lor all installmenl items (a). (b). and (c) and any mortgage insurance premium installment that Lender has nOI become obligated to pay 10 the Secretary. and Lender shall promptly refund any excess funds 10 Borrower. Immediately prior to a foreclosure sale of Ihe Property or its acquisition by Lender. Borrower's accounl shall be crediled with any balance remaining for all installmenls l'or ilems (a). (b). and (c). FHA WYOMING MORTGAGE· MERS WYMTGZ.FHA 11/01/08 Page 2 of 8 DocMilg/c e:f\!J1ITM8i BDO·64g·1Jti2 www.docm..fllc.com rp;J eOû71.2 3. Applicntion of Pnyments. All payments under paragraphs I nnd 2 shall be npplied by Lender ns follows: FIRST, 10 the mortgnge insurance premium 10 be paid by Lender to Ihe Secrelary or II) Ihe monlhly charge by Ihe Secretary inslead of Ihe monthly mortgage insurance premium: SECOND, 10 any laxes. special assessmenls. leasehold pnyments or ground renls, and tire, Ilood and other hazard insurance premiums, as required: THIRD. to inleresl due under Ihe NOle: t.Ql!..!U1!., 10 amortization of the principal of Ihe Note; and ¡: 1FT II , 10 late charges due under Ihe Note. 4, fire. flood and Other Hazard Insurance. Borrower shall insure all improvements on Ihe Property, whelher now in e.xistence or subsequently ereeled. against any hazards, casualties. and contingencies. including tire. for which Lcnder requires Insurance. This insurance shall be maintained in Ihe amounts and Ii" Ihe periods Ihnt Lender requires. Borrower shall also insure all improvements on the Property, whelher now in existence or subsequently erected. againsl loss bylloods to Ihe extcnl required by (he Secretary. All insurancc shall be carried with companies approved by Lcnder. The insurance policies and any renewals shall bc held by Lender and shall include loss pnyable clauscs in favor of. and in a Ihrm acceptable to, Lender. In the event orloss. Borrower shall give Lender immedinle notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed 10 make paymenl for such loss dircclly 10 Lender. instead of to Borrower and to Lender joinlly, All or any part of Ihe insurance proceeds may be applied by Lender, at its option. either (a) to Ihe reduction of the indebledness under Ihe Note and Ihis Securit)' Inslrumenl. firsl to nny delin4uent amounts applied in Ihe order in paragraph ), and Ihen 10 prepa)'menl of principal. or Ib) 10 the resloralion or repair of Ihe damaged Property. Any appliealion of Ihe proceeds 10 Ihe principal shall nol extend or postpone Ihe due date of Ihe monthly payments which arc referred to in paragraph 2, or change Ihc amounl 01' such paymenls. Any e.xcess insurancc proceeds over an amount required 10 pay all outslnnding indebtedness under Ihe Nole and this Security Instrumenl shall be paid 10 the enlity legally entitled thereto. In Ihe evenl 01' Ihreelosure of Ihis SecurilY Instrument or other Iranslt:r of litle to the Properly thnt eXlingaishes Ihe indebledness. all right, tille and inlerest or Borrower in and 10 insurance policies in forcc shall pass to Ihe porchaser. ~. Occupancy, Preservation. Mnintenance nnd Protection of the Property; Borrower's Loan Appllcntion: Leueholds. BorrOlver shall occupy. establish. and use the Properly as Borrower's principal residence within sixly days aner the execulion of this Securily Instrumenl (or within sixly days of a later sale or transfer of Ihe Property) and shall continue to occupy Ihe Property as Borrower's principal residenee for at least one year alier Ihe dale 01' occupancy. unless the Lender delermines Ihat requirement will cause undue hardship for Borrower. or unless extenualing circumslances exisl which are beyond Borrower's control. Borrower shall nolify Lender of any extenunling circumstances. BorrOlwr shall nol comm it was Ie or deslroy. damage or sobsLantially change Ihe Property or allow Ihe Property 10 deteriorate. reasonabk wear nnd lenr excepted. Lendcr may inspect the Property if the Property is vacanl or abandoned or the loan is in dcl'aalt. Lender may take reasonable action 10 prolect nnd preserve such vacanl or abandoned Propeny, Borrower shall also be in default if Borrower, during the loan application process, gave mnterially false or inaccurate information or stalemcnts 10 Lender (or failed to provide L.ender with any material inrormalion) in connection with Ihe loan evidenced by Ihe NOle. including, bul nOllimited 10. rcpresenlalions concerning Borrower's occupancy of the Property as n principal residence. II' this Security Instrumen! is on a leasehold. Borrower shall comply with the provisions oflhe lease. Ifßorrower acquires fee litle to the Propeny, Ihe leasehold anù jee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnntion. The proceeds or any award or claim for damages, direct or consequential. in connection wilh any condemnation or other taking of any part of lhe Properly. or for conveyance in place of coodemnation. are hereby assigned and shall be paid to Lender to the extent 01' the full amount of Ihe indebtedness Ihal remains unpaid under the Note and Ihis Security Instrument. Lender shall apply such proceeds 10 the reduclion of Ihe indebtedness under Ihe Note and this Security Instrument. lirst to any delinquenl amounts applied in the order provided in paragraph J. anù then to prepayment of principal. Any applicalion of the proceeds to the principal shall not extend or poslpone the due date orthe monlhly paymenls. which are referred to in paragraph 2. or change Ihe amounl of such payments. Any excess proceeds over nn amount rcquired to pay all oUlsLanding indebtedness under the NOle and this Securil) Instrument shall be paid 10 the entily legally enlilled thereto. FHA WYOMING MORTGAGE· MERS WYMTGZFHA 11/01/08 Page J of 8 DocMlI91C e~Ø 800·649·1362 www.docm/Jl}/c.com ø 00ü71.3 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower sh~1I pay ~II governmentul or municipal charges. fines and impositions th~t are not included in paragraph 2. Borrower shall pay Ihese obligations on time direclly to the entily which is owed the payment. If f~ilure to pay would adversely affect Lender's interesl in thc Property, upon Lender's request Borrower shall promptly furnish to Lender reccipts cvidencing these paymenls. I I' Borrower fails to make these payments or the paymenls required by paragraph 2. or rails to perform any other covenants and agreements contained in this Security Instrumenl, or there is a legal proceeding thai may significunll)' arrect Lender's rights in the Property (such as a proceeding in bunkruptcy. for condemnation or LO enrorce laws or regulations). then Lender may do and pay whatever is necess~ry 10 prolect the value of the Propert)' and Lender's rights in the Property, including payment of taxes. ha7ard insurance and other ilems mentioned in paragraph 2. ^ny umounlsd Isbursed by Lender under this paragraph shall become an additional debt or Borrower and be secured by Ihis Security Instrument. These amounts shall be~r inlerest rrom the dale of disbursement at the Note rate. und at the oplion of Lender shall be immediately due and payable. ßorruwer shall promplly discharge any lien which has pl'iority over this Security Inslrumenl unless Borrower: (a) agrees in wriling to Ihe paymenl of the Obligalion secured by the lien in a manner acceptable to I.endcr: (b) contests in good lailh Ihe lien by. or defendsu gainst enli>reement of the lien in. legal proceedings which in the Lender's opiniun operate \(1 prevent the enforcement uf the Ikn: or (c) secures from the holder of Ihe lien an agreemenl salisruetory \(1 Lender subordinating the lien to this Security Instrument. II' I.ender determines that any pari or the Properl)' b subject to a licn which may alluin priority over this Sccurit)' Inslrument. Lender may give Borrower a notice identif}ing the lien. Borrower sh~1I sat is I;" Ihe lien or take one or more of the actions set rorth above within 10 days or the giving of notice. 8. Fees. l.ender 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 or payment deraults. require immediate payment in rull of all sums secured by this Security Instrument ir: (i) Borrower defaults by tailing to pay in rull any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or Iii} Aorrower defaults by railing. lor a period of Ihirty days, to perform~ny other ohligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall. ifpermitted by applicahle law (including section 341 (d) of the Garn-St. Germain Depository Institutions Act of 1982. 12 U.S.C, 1701j-3(d») and with the prior approval oflhe ~ecretary, require immediate payment in full of all sums secured by this Security Instrument ir: Ii} All or part of the Property. or a beneficial interest in a trust owning all or part oflhe Property. is sold or otherwise transferred (other than by devise or descent), and (ii) The Properly is not occupied by the purchaser or grantee as his or her principal residence. or the purchaser or grantee does so occupy the Property. but his or her credil has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. I I' circumstances occur thut would permit Lender to require immediate payment in lull. but I.ender does not require such paymenls. I.ender does nOI waive its rights with respect to subsequent events. (d) Regulations of HUn Secretary. In many circumstances regulations issued by thc Sccretary will limit l.ender's rights. in the case of payment deraults, to require immediate payment in full and foreclose if nOI paid. This Security Instrument docs not authori7e act'eleration or foreclosure irnot permilled by regul~tions or the Secretary'. (e) Mortgage Not Insured. Borrower agrees that ir this Security Instrument and Ihe Note arc not determined 10 be eligible for insurance under the National Housing Act within 60 DAYS from the date hcreol: Lender may. at its oplion require immediate payment in full of all sums secured by this Security Inslrument. ^ written statement or any authorlled agent or the Secretary dated subsequent to 60 DAYS from the date hereor, declining to insure this Security Instrumenl and the Note. shall be deemed conclusive proof of such ineligibility'. Notwithstanding the foregoing, this option FHA WYOMING MORTGAGE - MERS WYMTGl.FHA 11/01/08 Page 4 of 8 OOCM.glc eJ';tbWII.8í 800-1549-'362 www.docma¡¡lc.eøm 17;1 may not he exercised hy Lender when the unavailahility ol'jnsurance is solely due to Lender's railure to rem it a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to he reinstated if Lender has required immediute pa)'ment in rull because or Borrower's railure to pay an amount due under the Note or this Security Instrument. This right applies even after roreclosure proceedings are instituted, To reinslate 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. roreclosure costs and reasonable and customary attorneys' rees and expenses properly associated with the roreclosure proceeding. Upon reinstatement hy Borrower. this Security Instrument and the ohligations that it secures shall remain in effect as ir Lender had not required immediate payment in rull. However. Lender is nOI required to permit reinstatement if: (i) Lender has accepted reinstatement alìer the commencement or foreclosure proceedings within two years immediately preceding the commencemenl of a current foreciosure proceeding. (ii) reinstatement will preclude roreclosurco n dil1erenl grounds in the luture. or (iii) reinstatement will adversely alfeet the priority of the lien creal cd hy this Security Instrument. I I. Borrower Not Relensed; Forbearance by Lender Not n Wniver. Extension of the time or payment or modilìcation or amortization or Ihe sums secured hy Ihis Security Instrument gran led by Lender to any successor in interest or Borrower shall not operate to release Ihe liability of the original Borrower or Borrower's succeSSOrS in interest. Lender shall not be required to commence proceedings against any successor in interest or reruse to extend lime ror paymenl or otherwise modily amortization or the sums secured by this Security Instrument by reason of' any demand made hy the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any righl or remedy shall not be a waiver of or preclude the exercise or any right or remedy. 12. Successors nnd Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements or Ihis Security Instrument shall bind and benelilthe successors and assigns 01' Lender and Borrower. subject 10 the provisions of' paragraph 9(b). Borrower's covenants and agreements shall be joinl and several. Any Borrower who co-signs this Securily Instrument hut docs not esecute the Note: (a) is co-signing this Security Instrumenl only 10 mortgage. grant and convey Ihat Borrower's interesl in the Properly under the terms of this Security Instrument: (h) is not personally ohligated to pay the sums secured hy Ihis Security Instrumenl: and (c) agrees lhat Lender and any other Borrower may agree to extend, modilY. rorbear or make any accommodations with regard to the terms or this Seeurily Instrument or Ihe NOle without that Borrower's consent 13. Notices. Any notice to Borrower provided ror in lhis Security InSlrument shall be given by delivering it or hy mailing it by lirst class mail unless applicable law requires use of another melhod, The notice shall be directed to the Properly Address or any olher address Borrower designates by notice to Lender. Any notice to Lender sholl be given by lìrst class mail 10 Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided ror in this Securily 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 or the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Nole contlicts with applicable law, such conlliet sholl not alTect other provisions of lhis Security Instrumenl or the Note which can he given elTcct without the conflicting provision. To this end Ihe provisions or this Security Instrument and the Nole arc declared to be severable. IS. Borrower's Copy. Borrower shall be given one conformed copy of the NOle and orthis Security Instrument. 16. Hnzardous Substances. Borrower shall not cuuse or permit the presence: usc. disposal. storage. or rclease of any Hazardous Suhstanees on or in the Property. Borrower shall not do. nor allow anyone else to do. anything al1ècting the Property that is in violation of any Environmental Law. The preceding two sentences shall nol apply to lhe presence. use. or storage on the Property of small quantities of Hazardous Substances Ihal arc generally recognil.ed to be appropriate 10 normal residential uses and to maintenance of' the Properly. Borrower shall promptly give Lender wrillen notice of any investigation, claim. demand. lawsuil or other aClion by any governmental or regulatory agency or private parly involving the Property and any Ha~ardous Suhstance or Environmental Law of which Borrower has actual knowledge. JrBorrower learns. or is notified by any governmental or regulalory authority. that any removal or other remediation or an)' Ha~ardous Subslanees affecting the Properly is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. FHA WYOMING MORTGAGE - MERS WYMTGZ,FHA 11/01/08 Page 6 of 8 DooMag/o f:"Ib1llMJl: 'OO-6<'-IJ02 www.docmagJc.com ý~ 00v7:14 --~._.._.. -.--'...-. ....~--~---_... As used in this p~ragraph 16. "Hazardous Substances" arc those subst~nces defined as to.xic or hazardous subst~nces by Environmental Law and the following substanccs: gasoline. kerosene. otber Oammable or toxic petroleum products. toxic pesticides and herbicides. volatile solvents. materials containing asbestus or form~ldebyde. and radioactive materials. As used in this paragrapb 16. "Environmental Law" means Icderallaws and laws of the jurisdicllun where the Property is located tbal relate to heallh. s~fety or environment~1 prolectlon. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower uncondilionally assigns and Iranslcrs to Lender all tbe renls and revenues of the Property. Borrower authorizes Lender or Lender's agents to colleclthe rents and revcnues and bereby directs each tenant of the Properly to pay the rents to Lender or Lender's agents. lIowever. prior 10 Lender's notice to Rorr",ver of Borrower's breach of any covenant or agreemcnt in the Security Instrument, Borrower shall collect ~nd receive all renlS and revcnues of the Property ~s trustee for the benelit of Lender and Borrower. This assignment of rents conslitutes an absolute assignment and not an assignment for additional security only. If Lender gives nOlice of breach to Borrower: (~) all rents received by Borrower sball be held by Borrower as trustee fur bene1it uf Lender only. to be applied to the sums secured by the Security Instrument; (b) Lender sb~1I be entitled to collect and receive all of the rents of the Property: and (c) cach tenant of the Property sball pay ~II rents due ~nd unpaid to Lender or Lender's agent on Lender's written demand to the lenant. Rorrower has not executed any prior assignment of tbe rents and has not and will not perform any act that would prevent Lender from exercising its rigbls under Ihis paragraph 17. Lender shall nut be required 10 enter upon. take control afar maintain the Property before or after giving notice uf breach to Borrower. However, Lender or a judici~lIy appointed recciver may do so at any time there is a breach. Any application of rents sball not curc or waive any defaull or invalidale any other right or remedy of Lender. Tbis assignment of rents oftbe Propert)' shalllcrminate wben the debl secured by the Se~urity Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred In punuing the remedies provided in this paragraph 18, Ineluding, 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 dlffcrent, In accordance with applicable law. Lender shall give notice of the sale to Borrower In the manner provided in paragraph 13. Lender shall publish nollce of sale, and the Property shall be sold in the manner prescribed by applicable law. Lender or lis designee may purchase the Property at any sale. The proceeds of the sale shall be applied In the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entllled 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 V.S.C. 3751 £!...!£g.) 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 or any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums se~urcd by this Security Instrument. Lender shall rclease this Security Instrumcnt. Rorrower sball pay any recordation costs. Lender may cbarge Borrower a fee for releasing tbis Security Instrument. bul only if the fee is paid to a third party for services rendered and the charging of Ihe fee is permilted under applicable law. 20. Waivers. Borrower releases and waives all rigbls under and by virtue of the bomestead exemption laws of Wyoming. FHA WYOMING MORTGAGE· MERS WYMTGZ.FHA 11/01106 Page 6 of 6 DocM,,/C ~U1! 600·645·1361 www.docm8gk;.com / ý~ 00&71.5 21. Riders to this Security Instrument. Ifone or more riders are executed by Borrower and recorded together with this Security Instrumenl, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part or this Security Instrument. [Check applicable box(es). o Condominium Rider o Planned lInÌl Development Rider o Non-Owner Occupancy Rider o Graduated Payment Rider 0 Growing Equity Rider o Adjustahle Rale Rider 0 Rehabilitation l.oan Rider ~ Otber [Specil)'1 MANUFACTURED HOME RIDER, AFFIXATION AFFIDAVIT BY S(iNING BELOW. Borrower accepts and agrees to the terms contained in pages Ithrougb H of this Security Instrument and in any rider(s) executed by Borrower and recorded with il. Witness: FHA WYOMING MORTGAGE - MERS WYMTGlFHA 11/01/08 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Witness: Page 7 of 8 DocMagic e-f1?JrrotJ¡ø BOQ4J49-J362 www.doCmsgic.com ûOv7j.6 Slate or WYOMING [Space Below This Line For Acknowledgment] County of Lincoln This instrument was acknowledged before me on hy DIXIE L. JULIAN (Seal) 1-·.....· ._.....P"_...........----_ Ii 'MARISA HARTMANN NOTARY PUBLIC COUNTY OF ~ STATE OF LINCOLN ~ WYOMING MY COMMISSION EXPIRES FEBRUARY 5, 2012 .~ FHA WYOMING MORTGAGE - MERS WYMTGZ.FHA 11/01/06 reb :;J, ~j. , '20 c;f1 c litle (and Rank) My commission expires: r=e b - C:;I '2D 11- Page 6 of 6 DoeMøg/c eil¡¡lI1M.O> BOO-641-1J62 www.rJocm~lc.com 00&717 BUFFALO FEDERAL SAVINGS BANK 7350 STOCKMAN ST., SUITE B, CHEYENNE, WYOMING 82009 Loan Number: 57000111574 (To be recorded with Security Instrument) ÜO&7j.8 AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME The State of WYOMING County of LINCOLN Before me, the undersigned authority, on this day personally appeared DIXIE L. JULIAN (Borrower(s)) and BUFFALO FEDERAL SAVINGS BANK known to me to be the person(s) whose name(s) is/are subscribed below, and who, being by me first duly sworn, did each on his/or her oath state as follows: DESCRIPTION OF MANUFACTURED HOM E NEW New/Used 2008 CHAMPION Year Manufacturer's Name HRV313/VIP Model Name or Model No. 017-00P-005760AB 44ft X 26ft (L X W) Manufacturer's Serial No. Length x Width IDA 228395, IDA228396 HUD Label Number(s): Certificate orTitle Number: MANUFACTURED HOM E LOCATION 1054 CALHOUN ROAD LINCOLN County Street State 83124 Zip Code Opal City WYOMING AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME AARMFBH.MSC 11/21/07 Page 1 of 4 DocMagic ~ 800-649-1362 www.docmagic.com 0r (;'Oü719 In addition to the covenants and agreements made in the Security Instrument, Borrower covenants and agrees as follows: 1. The manufactured home described above located at the address above is permanently affixed to a foundation and will assume the characteristic of site-built housing. 2. The wheels, axles, tow bar, or hitch were removed when said manufactured home was placed on the permanent site. 3. All foundations, both perimeter and piers for said manufactured home have footings that are located below the frost line or in compliance with local building codes or requirements. 4. If piers are used for said manufactured home, they will be placed where said home manufacturer recommends. 5. If state law so requires, anchors for said manufactured home have been provided. 6. The manufactured home is permanently connected to a septic or sewage system and other utilities such as electricity, water and natural gas. 7. No other lien or financing affects said manufactured home or real estate, other than those disclosed in writing to Lender. 8. The foundation system of the manufactured home has been designed by an engineer, if required by state or local building codes, to meet the soil conditions of the site. 9. Borrower(s) acknowledges his or her intent that said manufactured home will become immovable property and part of the real property securing the security instrument. 10. The Manufactured home will be assessed and taxed as an improvement the real property. I/We understand that if Lender does not escrow for these taxes, that I/we will be responsible for payment of such taxes. 11. If the land is being purchased, such purchase and said manufactured home represent a single real estate transaction under applicable state law. 12. Said manufactured home has been built under the Federal Manufactured Home Construction and Safety Standards that were established June 15, 1976. 13. This Affidavit is executed by Borrower(s) pursuant to applicable state law. 14. All permits required by governmental authorities have been obtained. Borrower(s) certifies that Borrower(s) is in receipt of manufacturer's recommended maintenance program regarding the carpets and manufactures warranties covering the heating/cooling system, hot water heater, range, etc. and the formaldehyde health notice. Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUilT) HOME AARMFBH.MSC 11/21/07 Page 2 of 4 DocMagic ~ 800-649-1362 www.docmagic.com ûOô720 In Witness Whereof, Borrower(s) and Lender has executed this Affidavit in my presence and in the presence of undersigned witnesses on this day of Witness Witness STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this by DIXIE L. JULIAN ~;2) ~' day of ~Fe ~7 fl,ÆÛI\,1 2-0 c;C¡ ,); , who is personally known to me or who provided N as identification. ~:;~~H;';;;;--- NOTARY PUBLIC U;OUNTY OF . STATE OF LINCOLN WYOMING MY CO~ EXPIRES FEBRUARY 5,2012 ~/Yl tliic/íC ·-If¿/CrtlJl a/7/~ Print Name M C .. E· 'Œb C-~ fUI/,? Y ommlSSlOn xplres: .,/ " j, ;,........ AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME AARMFBH.MSC 11/21/07 Page 3 of 4 DocMagic ~ 800,649·1362 www.docmagic.com (~O(j72j. LENDER'S STATEMENT OF INTENT The undersigned ("Lender") intends that the Home be an immovable fixture and a permanent improvement to the Land. BUFFALO FEDERAL SAVINGS BANK Lender BY~~ ~ Authorized S' ature STATE OF WYOMING ) ) ss.: ) COUNTY OF LINCOLN On the day of in the year me, the undersigned, a Notary Pub1ic in and for said State, personally appeared before personally known to me or proved to me on the basis of satisfactory evidence to be the individuaJ(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Signature Notary Printed Name Notary Public; State of Qualified in the County of (Official Seal) My Commission Expires: Drafted By: AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME AARMFBH.MSC 11/21/07 Page 4 of 4 DocMagic ðP!i'(l'[h7i'1z. 800-649-1362 www.docmagic.com éOô722 MANUFACTURED HOME RIDER ST A TE OF WYOMING Loan Number: 57000111574 ss: COUNTY OF Lincoln This Manufactured Home Rider is made on this 3 rd day of FEBRUARY, 2009 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the" Security Instrument") of the same date, given by the undersigned (the" Borrower") to secure Borrower's Note to BUFFALO FEDERAL SAVINGS BANK, A FEDERAL SAVINGS BANK (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1054 CALHOUN ROAD, Opal, Wyoming 83124 Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows: A. the Property covered by the Security Instrument (referred to as "Property" in the Security Instrument) includes, but is not limited to the Manufactured Home (Serial Number: 017-00P-005760AB ,Model: HRV313/VIP Make: CHAMPION , Year: 2008 Size: 44 f t x 2 6 f t (L x W) Label/Seal No.: IDA 228395 , IDA22 8 3 9 6 affixed to the property legally described in the Security Instrument. 8. Additional Covenants of Borrower: 1. Borrower will comply with all state and local laws and regulations regarding the affixation of the Manufactured Home to the property described in the Security Instrument including, but not limited to, surrendering the Certificate of Title (if required) not obtaining and recording the requisite governmental approval and accompanying documentation necessary to classifY the Manufactured Home as real property under stat and local law, including a statement of ownership and location. 2. The Manufactured Home described above will be, at all times and for all purposes, permanently affixed to and part of the property described in the Security Instrument. 3. Affixing the Manufactured Home to the property described in the Security Instrument does not violate any zoning laws or other local requirements applicable to manufactured homes. Before me, the undersigned authority duly authorized to take acknowledgments and administer oaths personally appeared DIXIE L. JULIAN (" Affiants") who, upon being duly sworn, depose and say as follows: MANUFACTURED HOME RIDER MHR.TBW 06/17/08 Page 1 of 3 DocMagic ~ 800-649-1362 www.docmagic.com ~ û00723 1. Affiants hereby certify that, upon taking title to the property described above, they will do the following: The manufactured home will be permanently part of the real property that secures the Security Instrument executed on FEBRUARY 3 I 2009 All necessary documentation required will be supplied to perfect title in the Manufactured home. Manufactured Home is an improvement to the land and an immoveable fixture considered as real estate. 2. Affiants acknowledge that this Affidavit of Intent is given as a material inducement to cause BUFFALO FEDERAL SAVINGS BANK to make a mortgage loan to Affiants and that any false statements, misrepresentations or material omissions shall constitute a breach of the Affiant's obligation to BUFFALO FEDERAL SAVINGS BANK and that all the provisions ofthe mortgage indenture concerning default on the Promissory Note will thereupon be in full force and effect. 3. Affiants further acknowledge that it is a Federal crime punishable by fine or imprisonment or both, to knowingly make any false statements concerning any of the above facts as applicable under the provisions of Title 18, United States Code, Section 1001, et seq. 4. The agreements and covenants contained herein shall survive the closing of the mortgage loan tr ansa cti on. (Seal) -Borrower (Seal) - Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower MANUFACTURED HOME RIDER MHR.TBW 06/17/08 Page 2 of 3 DocMagic ~ 800-649-1362 www.docmagic.com ÜOó724 State of WYOMING County of Lincoln The forgoing instrument was acknowledged before me this -:¿) day of 'þ?ì'7 V'tAca11,. (]1J~í, by DIXIE L. JULIAN J who is personally known to me or who has produced IN ~ D r I ver L-i ce h ,çe as identification. (Seal) MARISA HARTMANN NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING ~ MY COMMISSION EXPIRES FEBRUARY 5,2012 MANUFACTURED HOME RIDER M HR. TBW 06/17/08 Page 3 of 3 DocMagic ~ 800-649-1362 www.docmagic.com