The URL can be used to link to this page

Home My WebLink About946022 3':::.~ 6010917637 Return To: Bank of the West Post Closing 13505 California st. NE-BBP-LL-P omaha, NE 68154 Prepared By: RECEIVED 3/19/2009 at 1 :06 PM RECEIVING # 946022 BOOK: 718 PAGE: 119 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Cristina Jensen 13505 California st omaha, NE 68154 ûOôj.1.9 ¡Splice Ahove This Line For Recol'lling DIIIII FHA Case No. State of Wyoming MORTGAGE 591-1090244-703 MfN 100104088005849110 ¡ b i THIS MORTGAGE ("Security Instrument") is given on March 18, 2009 The Mortgagor is MATTHEW J MCCLOUD and BRANDI SUE MCCLOUD I HUSBJI.ND AND WIFE /' k.. ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee tor 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. 0, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS,Bank of the West, a California state banking corp, ("Lender") is organized and existing tmder the laws of The State of California , and has an address of13505 California st, NE-BBP-LL-P, Omaha, NE 68154 , Borrower owes Lender the principal SLUn of One Hundred Thirty Five Thousand Five Hundred And Zero/100 Dollars (US. $135,500.00 ). TI"Ùs debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for montll]y payments, with the full debt, ifnot paid earlier, clue ,md payable on April 01, 2039 . This Sewrity Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals. extensions and moditications of the Note; (b) the payment of all other SLmlS, with interest, advam:ed under paragTaph 7 to protel:t the security of this Sewrity Instrument; ,md (c) tJle performance of Borrower's covemmts and agreements Lmder this Sewrity Instrument ,mcl the Note. For this purpose, Borrower does hereby mortgage, [,rrant and wnvey to MERS (solely as nominee for Lender and Lender's sucœssors and 8800584911 Revised 4/96 Amended 2/Q1 VMP4NIWYII080JI Page 1 01 9 ~ ~. 8800584911 FHA Morlgagewith MERS - WY VMP® Wolters Kluw er FinanClsl Services Initials 00&1..20 assigns) and to the successors and assigns of MERS with power of sale, the tollowing described property located in Lincoln County, Wyoming: SEE ATTACHED LEGAL Parcel ill Number: 1221162431205400 which has the address of 16 BRILLIANT STREET DIAMONDVILLE [Cityl, Wyoming 83116 ¡Strt:ctj ¡Zip Code] ("Property Address"); TOGETHER WITH all tl1e improvements now or hereafter erected on the property, and all easements, appurtenances and tixtures now or hereafter a part of tl1e property, All replacements and additions shall also be covered by this Security Instrument. All of the tèJregoing is referred to in this Security InstrlUl1ent as the "Property." Borrower lIDderstands émd agrees that MERS holds only legal title to the interests grémted by Borrower in this Security InstnID1t.'l1t; 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 and sell the Property; and to take any action required of Lender including, but not limited to, releasing or cémceling this Security Instrument. BORROWER COVENANTS tl1at Borrower is lawfully seized of the estate hereby conveyed émd has the right to mortgage, grémt émd convey tl1e Property and tl1at the Property is unencumbered, except for encumbrances of record. Borrower warnIDts and will defend generally the title to the Property against all claims émd deméIDds, subject to émy encumbrcmces of record, THIS SECtm.JTY INSTRUMENT combines LU1iform covenants fÖr national use and non-LUliform covenants WiÙ1 limited variations by jurisdiction to constitute a lUliform security instrument covering real property. Borrower cUld Li;;mler cO\'i;;nanl ami agTi;;i;; as follows: UNIFORM COVEN^NTS, 1. Payment of Principal. Interest and Late Charge, Borrl'\\'i;;r shall pay when due Ùle principal or. and interest on, t11e debt evidenced by Ùle Note and lat.e charges due under Ù1i;; Not.e, 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shaH include in each monthly payment, togetl1er with Ù1e principal and interest as sel fortl1 in the Note émd any late charges, a SlID1 for (a) taxes émd special assessments levied or to be levied against the Property, (b) leasehold payments or grolIDd rents on the Property, émd (c) premiums for insurance required lIDder paragraph 4, In émy year in which the Lender must pay a mortgage insurémce premilID1 to the Secretary of Housing and Urban Development ("Secretary"), or in émy year in which such premilID1 wOlùd have been required if Lender still held the Security InstrlID1ent, each monthly payment shall also include either: (i) a SlIDl for the anmJ<l1 mortgage insurance premilml to be paid by Lender to t11e Secretary, or (ii) a monthly charge instead of a mortgage insunmce premÍlIDl if this SeclITity InstrlIDlent is held by the Secretary, in a reasonable an10lIDt to be determined by the Secr, etéITY Except for the monthly charge by t11e SecretéITY, these items are called "Escrow Items" and t11e SlID1S paid to Lender are called "Escrow FlIDds." 8800584911 FHA M orlgage with M ERS - WY VMP@ Wolters Kluw er Financial Services Initials. 8800584911 Revised 4/96 Am ended 2/01 VMP4N(WY) (0803) ....'''~ ~~ OO&1.2~ Lender may, at any time, collect and hold éilll0unts for Escrow Items in an aggregate amount not to exceed the maximunl amOlmt that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U, S, C, Section 260 I et seq, éilld implementing regulations, 24 CFR Part 3500, as they may be éilllended 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 due for the mortgage insunmce premiunl. If the anlOunts held by Lender for Escrow Items exceed the amounts permitted to be held by RESP A, Lender shall accOlmt to Borrower for the excess f1mds as required by RESP A. If the amounts of tì.mds held by Lender at any time are not suftìcient to pay the Escrow Items when dlle, Lender may notify the Borrower éilld require Borrower to méù<e up the shortage as permitted by RESP A. The Escrow Flillds are pledged as additional security for all SlilllS secured by this Security Instnmlent. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insuréillce premiwn installment that Lender has not become obligated to pay to t.he Secret.ary, and Lender shall promptly refund any excess tì.mds t.o Borrower. Immediat.ely prior to a IÙreclosure sale Df the I'roperl:-' or its aCLjuisition by I.emler, Borrower's accotUll shall be cn:dited with any balancç remaining I'or all ins1¡11lments Illr items (a). (b), ami (c). 3, Application of Payments, All payments under paragTaphs I and 2 shall be ilPp]ied by Lender as follows: First, to the mortgage insurance premium 10 be paid by Lender \(J tlle Secretary or to t.he montll]Y charge by t.he Secret.ary inst.ead oftlle monthly mortgage insurance premium; Second, to any taxes. special assessments, leasehold payments or grollnd rents, and tìre. nood and other hazard insurance premilillls, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance, Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against émy hazards, casualties, éilld contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the éilll0lmts 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 companies approved by Lender. The insuréillce policies and émy renewals shall be held by Lender éilld shall include loss payable clauses in favor of, and 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 company concerned is hereby authorized émd directed to make payment for such loss directly to Lender, instead of to Borrower émd to Lender jointly, Allor any part of the insurance proceeds may be applied by Lender, at its option, eitller (a) to tlle reduction of the indebtedness under the Note and this Security Instrument, lìrst to any delinquent amounts applied in the order in paragraph J, éilld 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 nol extend or postpone the due date of the monthly payments which are referred to in paragTaph 2, or change tlle émlount or such payments. Any excess insurance pruceeds O\'er an amount required to pay all DutstéU1ding indebtedness under the Note and this Security Instrument shall be paid to tJw entity legally ent.itled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Pruperty that extinguishes tile indebtedness. all right, tit]e éilld interest of Borrower in and to insurance policies in force shall pass to tlle purchaser. 8800584911 FHA Mortgagewilh MERS-WY VMP® Woners Kluwer Flnencial Services Initials: 8800584911 Revised 4/96 Amended 2/01 VMP4N(WY) (0803) Page 3 of 9 ~ ~t--- û0Û1122 5. Occupancy, Prcscrvation, Maintenance and Protcetion of the Pro>crty; Borrowcr's Loan Ap>lication; Leaseholds, Borrower sha]] occupy, e~tablish, ami use Ùle Property as Borrower's principal residence wiÙlin sixty clays after Ole execution of this Security InstnUllent (or wiù1Ìn sixty day~ of a later sale or tran~fer of Ole Property) and shall continue to occupy Ole Property as Borrower's principal residence for at least one year after the date of occupancy, lU1less Lender detern-unes that requiremenl wilJ cause lU1due hardship for Borrower, or unless extenuating circumstcmces exist which are beyond Borrower's control. Borrower shalJ notify Lender of ,my extenuating circlU1lstémces. Borrower shall not conmlit waste or destroy, démlage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted, Lender may inspect Ole Property if the Property is vacémt or ab,mdoned or the IOém is in default. Lender may take reasonable action to protect and preserve such vacant or abémdoned Property. Borrower shall also be in default if Borrower, during tlle loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in cOIUlection with Ole loan evidenced by Ole Note, including, but not lin-uted to, representations concerning Borrower's occup,mcy of Ole Property as a principal residence. If this Security InstrlU11ent is on a leasehold, Borrower shall comply WiÙl Ole provisions of Ole lease. If Borrower acquires fee title to the Property, Ole leasehold and fee title shall not be mergedlUlless Lender agrees to tlle merger in writing, 6, Condemnation, The proceeds of ,my award or claim for damages, direct or consequential. in cOIUlection with any condemnation or other taking of any part of the Property, or for conveYémce in place of condenmation, are hereby assigned and shall be paid to Lencler to the extent of the fi.1I1 amount of Ole indebtedness that remains lUlpaid under Ole Note and ùlis Security Instrument. Lender shall apply such proceeds to Ùle reduction of the indebtedness under Ùle Note and tJlis Sc'Curity Instrument, IÌrst to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of Ole proceeds to Ole principal shall not extend or postpone the due date of the monOlly payments, which are referred to in paragraph :!, or change the amount of such payments. Any excess proceeds lJ\'er an amount required to pay all outstanding indebtedness under the Nole and this Security InstrlUllent 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 goverIUllental or municipal charges, tìnes and impositions ùlat are not included in para¡"'Taph :!. Borrower shalJ pay these obligaÜons on time directJy to tJle entity which is owed Ùle payment. If failure to pay would adversely affect Lender's interest in Ole Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing tllese payments. If Borrower Üùls to make these payments or the payments required by paragraph 2, or fails to perform émy oOler covemmts ,md agreements contained in this Security lnstrlmlent, or tllere is a legal proceeding tllat may significantly atfect Lender's rights in the Property (such as a proceeding in bankruptcy, for condenmation or to enforce laws or regulations), tllen Lender may do and pay whatever is necessary to protect Ole value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance ,md other items mentioned in paragraph 2, Any éUllounts disbursed by Lender under tllis paragraph shall become an additional debt of Borrower and be secured by ùlis Security Instnmlent. These ,mlounts shall bear interest from the date of disbursement, at the Note rate, ,md at the option of Lender, shall be immediately due Md payable. Borrower shall promptly discharge ,my lien which has priority over this Security lnstrlU1lent unless Borrower: (a) agrees in writing to the payment of ùle obligation secured by ùle lien in a mmmer acceptable to Lender; (b) contests in good faith tlle lien by, or defends against enforcement of Ole lien in, legal proceedings which in Ole Lender's opinion operate to prevent the enforcement of ùle lien; or (c) secures ITom tlle holder of Ole lien ,m agreement satisfactory to Lender subordinating the lien to ùlis Security InstrlU1lent. If Lender detern-unes Olat émy part of the Property is subject to a lien which may attain priority over ùlis Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisf): the lien or take one or more of the actions set forth above wiOlin 10 days of the giving of notice. 8800564911 FHA Mortgagewilll MERS·WY VMP@ WolI ers Kluw er FinancIal ServIces Initials 8800584911 RevISed 4 (g 6 Amended 2/01 VMP4NIWY) 10803) Page 4 of 9 ~~ ~ úOv123 8, Fees. Lender may \:oJlect fees èmd charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default, Lender may, except as limited hy regulations issued by the Secretary, in the case of payment dehlUlts, require inmlediate payment in fuJl of all SlmlS secured by this Security Instrument if: (i) Borrower det~lLlJts by f~1iling 10 pay in fuJl any monl1lly payment required by this Security Instnmlent prior to or on the due date of the next monthly payment, or (ii) Borrower det~lults by (~liling, for a period nr ùlirly days, to perform any other obligations contained in this Security Instnmll,'Il1. (b) Sale Without Credit Approval. Lender shall. if permitted by applil:able law (inl:luding Section 341(d) of the Garn-St. Germain Depository Institutions Al:t or 19X2, 12 U. S. C. 170Ij-3(d» and with the prior approval of the Sel:retary, require immediate payment in full of all sums secured by this Security Instrument if: (i) AJI or part of the Property, or a beneticial interest in a trust owning aJl or part of the Property, is sold or otherwise tnmsferred (other than by devise or descent), èmd (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grèmtee does so occupy the Property but his or her credit has not been approved in accordèmce with I1le requirements of the Secretary. (c) No Waiver, If circlilllstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary, In mèmy circlilllstèillces regulations issued by the Secretary will limit Lender's rights, in the case of payment dehlLllts, to require inmlediate payment in fiùl and foreclose if not paid. This Security InstrlUllent does not authorize acce]eration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument émd the Note are not determined to be eligible for insunmce lmder 111e National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in fiùl of all sums secured by this Security Instrument. A written statement of èillY autil0rized agent of the Sel:retary dated subsequent to 60 days [Tom the date hereof: dedining to insure tilis Sel:urity Instrument and the Note, shall he deemed conclusive proof of such ineligibility. Notwithstamling tile 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. III. Reinstatement. Borrower has a right tn be reinstated if L.emler has required immediate payment in full because of Borrower's fi:lilure 10 pay an amount due under tile Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate tile Security Instrument, Borrowl,," shall tender in a llilllp SlIDl all amOlIDts required to bring Borrower's aceOLmt l:llrrent ineluding, to the extent tiley are obligations of Borrower under this Security Instrument, foreclosure costs émd reasonable and customary attorneys' fees émd expenses properly associated with I1le foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and tile obligations that it secures shall remain in effect as if Lender had not required inmlediate payment in fill!. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the conmlencement of foreclosure proceedings within two years inmlediately preceding the conmlencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grolillds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security InstrlU1lent. 8800584911 FHA Morlgagewilh MERS· WY VMP ® Wollers Kluwer Financial Services Inillals: 8800584911 Revised 4/96 Amended 2/01 '"''''%~ ~ ~ ûOv:124 11, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modifícation of ,m1Ortization of the sums secured by this Security Instrument gnmted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to conmlence proceedings against ,my successor in interest or refuse to extend time for payment or otherwise modify ,mlortization of the sums secured by this Security Instnmlent by reason of ,my demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising ,my right or remedy shall not be a waiver of or preclude the exercise ofcmy right or remedy. 12, Successors and Assigns Bound; Joint and Several Liability; Co-Signers, The covemmts and agreements of tllis Security InstrW11ent shall bind and benefit tlle successors ,md assigns of Lender ,md Borrower, subject to the provisions of paragraph 9(b). Borrower's covemmts emd agreements shall be joint ,md several. Any Borrower who co-signs tllis Security Instrument but does not execute the Note: (a) is co-signing tllis Security Instrument only to mortgage, gr,ml and convey tllat Borrower's interest in tlle Property W1der the terms of this Security Instrlmlent; (b) is not personally obligated to pay tlle sums secured by tllis S<x;urity InstrW1lent; and (c) agrees tllat. Lender and any otller Borrower may agree t.o ext.end, modify, forbear or make any aœommodat.ions with regard to tlle terms of tllis Security Instrument or tlle Note without that Borrower's cunsenl. 13. Notices. Any notice to Borrower provided lÌ1r in this Security Instrument shall he gil'cn hy delivering it or by mailing it hy nrst class mail LUllcss applicahle law requires use of another method. The notice shall he direct.ed to the Property Address or any otller address Borrower designates hy notice tu Lender. Any notice to Lemler shall he given by tirst class mail to Lender's address stated herein or any addn:ss Lender designates by notice to Borrower. Any notice provided for in this Security Instnmlent shall be deemed to have been given to Borrower or Lender when given as provided in tllis paragraph, 14. Governing Law; Severability, This Security Instnmlent shall be governed by Federal law and the law of tlle jurisdiction in which tlle Property is located. In the event tllat ,my provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of tllis Security Instrument or the Note which c,m 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 sha]] not cause or permit the presence, use, disposal, storage, or release of ,my Hazardous Substances on or in tlle Property, Borrower shall not do, nor a]]ow anyone else to do, anything atTecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to tlle presence, use, or storage on the Property of small qwmtities of Hazardous Subst,mces tllat are generally recognized to be appropriate to normal resident.ial uses and to mainlemmce of tlle Property, Borrower shall promptly give Lender written not.ice of any investigation, claim, demand, lawsuit or other action by ,my governmental or regulatory agency or privat.c party involving the Property and any Hazardous Substance or EnvironmentaJ Law of which Borrower has act.ual knowledge. If Borrower learns, or is notitìed by ,my governmental or regtùatory authority, tllat ,my removal or other remediation of any Hazardous Substcmces affecting tlle Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in tllis paragraph 16, "Hazardous Suhstances" arc those suhst,mces delìned as toxic or hazardous suhstances hy Environment.al Law and thc folll1\ving suhstances: gasoline. kerosene. otller tlammahle or toxic petroleum products, toxic pesticides ami herhicides. volati Ie solvenls, materi¡ils containing asbestos or formaldehyde. ,md radioactive materials, As used in tl1is paragraph I G, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located tllat relat.e to healtll. safety or environmental protection. 8800584911 FHA Mortgagewllh MERS - WY VMP@ Wolters Kluwer Financial Services Initials: 8800584911 Revised 4/96 Amended 2/01 VMP4N(WY) (0803) Page 6 of 9 w- ~^ 00&125 NON-UNIFOR.M COVENANTS. Borrow\;:r and L\;:mkr fllJÙ1\;:r co\cnant ,md agrœ as follows: 17, Assignment of Rents, Borrow\;:r unc\)flditionally assigm anù tnmsf\;:rs to L\;:nckr all Ùl\;: r\;:nts and revenues of the Property, Borrower authorizes Lender or Lender's agents to collect the rents ,md revenues ,md hereby directs each tenant 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 ,my covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment ,md not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instnunent; (b) Lender shall be entitled to collect ,md receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and tmpaid to Lender or Lender's agent on Lender's written dem,md to the tenant. Borrower has not executed ,my prior assignment of the rents and has not and will not perform any act that would prevenl Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiv\;:r may do so at ,my time there is a breach. Any application of rents shall not cure or waive any defauh or invalidate ,my oùler right or remedy of Lender. This assiglmlent of rents of the Property shall terminat\;: wh\;:n Ùle 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 collect all expenses incurred in pursuing the remedies provided in this I>aragraph 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 I>ossession 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 applicablc law. Lender or its designee may purchase the Property at any sale, The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not 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 re()uesting 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 sums secured by this Security Instrument, Lender shall rele<1se this Security Instrtmlent without charge to Borrower. Borrower shall pay ,my recordation costs. 20, Waivers, Borrower waives all rights of homestead exemption in the Property ,md relinquishes ail 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 Instrtmlent, tile covenants of each such rider shall be incorporated into ,md shall anlend and supplement th.e covenants and agreements of this Security InstrtIDlent as if Ùle ric1er(s) were a part of this Security Instrument. [Check applicable box(es)]. D Conc1ominium Rider D Planned llnit Development Rider D D Growing Equity Ricll'T Graduated Payment Ricler D Other [specify] VMP@ Wollers KJuwer FInancial Services Inlllals 8800584911 ReVIsed 4/96 Amended 2{01 VMP4N(WY) \0803) Page 7 of 9 8800584911 FHA M orlgage w illl M ERS . WY ~ ~ BY SIGNING BELOW. Borrower accepts emd agrees to the terms contained in this secur7'tY Instrun nt and in emy rider(s) executed by Borrower emd recorded with it. , WItnesses: ~ h ~ -/ '7'tY (.7 ¿:. MATTHEW J MCCLOUD (Seal) -Borrower (Seal) -Borrow~r (Seal) -Borrower ûO&~26 (Seal) -Borrower ~\Ól~~~'l) BRANDI SUE MCCLOUD -Borrower (Seal) -Borrower (Seal) - Borrower (Seal) -Borrower 8800584911 FHA Mortgagewitll MERS - WY VMP® Wollers Kluw er Financial ServIces 880058491' Revised 4196 Amended 2101 '"""~'\I'~~:t- '\ Inilials: 000:127 STATE OF WYOMING, Lincoln County ss: This instrument was acknowledged before me on March 18 I 2009 MATTHEW J MCCLOUD and BRANDI SUE MCCLOUD by My Commission Expires: ~6 ~// -..... ! LORI KALAN - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING "_,>_,, .~,~Y,~o.~:;~~~es Feb. 26, 2011 Nolm-y Puhlic. ) Title (IInd Rllnk! C6~ Õ£i-é'/^- 8600584911 FHA Mortgagewllh MERS·WY VMP® Wolters Kluwer Financial Services Inillals: 8800564911 Revised 4/96 Amended 2/01 VMP4N(WY) (0603) ~o ~ ..' -'. : ., . .' . t . . E'xIiïbit A File 601 0917637ET Description OOil1.28 The land referred to in this document is situated in the State of Wyoming, COW1ty of Lincoln, and is described as follows: Parcel] 65 of the Town of Diamondville, Lincoln County, Wyoming as described on the plat thereof dated August 31, 1942 on file in the Office of the County Clerk, Lincoln. County, Wyoming. Also: A parcel of]and being a part of West Brilliant Street and part of Susie Avenue to the Town of Diamondville, Lincoln County, Wyoming, and being more particularly described as follows: Beginning at the Southwest corner of Parcel 165 to the town of Diamondvillei thence North 78"56' East along the Southerly boundalJl line of Parcel 165, a distance of 15,00 feet; thence South 11 °04' East a distance of 7.50 feet; thence South 78"56' West a distance of:3.q.~() feet; thence North 44" 45'24::. YY~t a distanc'e'of 3.6( feèt;_._ thence North 11 "04' West a distance of] 14.50 feet;" thence North 19"11 '23" East a distance of 34:73 feet to a point on the West boundary line of Lot 15, Block 9, of the Town of Diamondvilie; thence South 11 "04' East along the Westerly boundary line of said Block 9, a distance of 140.00 feet to the point of beginning. Also; Part of Lots 14 and 15, Block 9 of the Town of Diamondville, Lincoln County, Wyoming, being described as fo[Jows: Beginning at the Northwesterly corner of said Lot 15 of Block 9; and, running thence Easterly 50.00 feet a.long the Northerly boundary line of Lot 15 to a point; thence South 11 °10' East 60.00 feet to a point on the Southerly boundary line of said Lot 14; thence Westerly a.long the Southerly boundary line of said Lot 14, 50.00 feet to the Southwesterly corner of said Lot 14; thence Northerly along the Westerly boundary lines of said Lots 14 and 15, 60.00 feet to the point of beginning. Less and except the following described land: A parcel of land being a part of Lot 15, Block 9 of the Town of Diamondville, Lincoln County, Wyoming, and being desCribf.1d:.~.~..f,9lip~'s: :.- ,: i.,~ ."' ¿.' '., ',. Beginning at the Northwest corner of Lot 15, Block 9 of the Town of Diamondvillc; thence North 78"56' East along the Northerly boundary line of Lot 15, a distance of 50.00 feet; thence South 11 "04' East a distance of 10.00 feet; thence South 78056' West a distance of 50,00 feet to a point on the West boundary line of Lot 15; thence North 11 "04' West along the Westerly boundary line of Lot 15, a distance of 10,00 feet to the point of beginning, ~ ~