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HomeMy WebLinkAbout957470iusk 6011018896 After Recording Return To: Eagle Home Mortgage, LLC 301 116th Avenue SE Suite 400 Bellevue, Washington 98004 Loan Number: JAX0067 MIN: 1000452- 0000089960 -0 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE "Security Instrument is given on DECEMBER 3 0 2 010 The mortgagor is Toby J Merritt, A Single Individual FHA WYOMING MORTGAGE- MERS WYMTGZ.FHA 05/03/10 Page 1 of 8 RECEIVED 1/4/2011 at 3:08 PM RECEIVING 957470 BOOK: 759 PAGE: 894 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000894 FHA CASE NO. 591- 1190960 -703 "Borrower This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. "MERS as Mortgagee. MERS is the nominee for Lender, as hereinafter defined, and Lender' s successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P. O. Box 2026, Flint, MI 48501- 2026, tel. (888) 679 -MERS. Eagle Home Mortgage, LLC, A DELAWARE LIMITED LIABILITY COMPANY "Lender is organized and existing under the laws of DELAWARE and has an address of 301 116th Avenue SE Suite 400, Bellevue, Washington 98004 Borrower owes Lender the principal sum of ONE HUNDRED FIFTY -FIVE THOUSAND NINE HUNDRED FORTY -FOUR AND 00 /100 Dollars (U.S. 155, 944 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 full debt, if not paid earlier, due and payable on FEBRUARY 1 2 041 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower' s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender' s successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in Lincoln County, Wyoming: DocMagic eVID017320 800 649 -1362 www.doc coin ATTACHED HERETO AND INCORPORATED HEREIN A.P.N.: 12- 3418- 20 -4 -00- 044.00 which has the address of 53 7 Bedford N County Road 121 [Street] Bedford [City] FHA WYOMING MORTGAGE- MERS WYMTGZ.FHA 05/03/10 Wyoming 000895 8 3112 "Property Address [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender' s successors and assigns) has the right: to exercise any 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 canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development "Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds. Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower' s escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U. S.C. §2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time "RESPA except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower' s payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time DocMagic oevnn 800 -649-1362 Page 2 of 8 www.docmagic.com Ft\ 000896 are not sufficient to pay the 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 tenders to Lender the full payment of all such sums, Borrower' s account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FOURTH, to amortization of the principal of the Note; and FIFTH, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower' s principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower' s principal residence for at least one year after the date of occupancy, unless the Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower' s control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not conunit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower' s occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are FHA WYOMING MORTGAGE MERS WYMTGZ.FHA 05/03/10 Page 3 of 8 DocMagic R07o23 800 -649 -1362 www.docmagic.com 00u897 hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender' s request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender' s rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender' s rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender' s opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable 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 of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender' s rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. FHA WYOMING MORTGAGE- MERS DocMagic CrrtEVITAII 800 -649 -1362 WYMTGZ.FHA 05/03/10 Page 4 of 8 www.docmagic.com -7\ (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined: to' be eligible for :insurance under the National Housing Act within 6 0 DAYS. from the date hereof, .Lender may, at its in inediate payrrient in full of all sums secured by this .Security, Instrument. A written st tement.of any., authorized agent.of'the Secretary dated 'subsequent to 6 0 DAYS from the•date hereof,declining to insure this Security Instrument and the Note, shall be deemed G dnelusiV e proof 'of'suchineligibility.' Notwithstanding the foregoing, this option may not be exercised by Lenderwhen the unavailability of insurance is;solely,due to Lender! s failure to remit a rnortgageinsurance premium to.the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower' s failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower' s account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures. shall' remain in effect as if Lender had not required immediate payment in full. However, Lender is• not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower' s successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security 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 and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower' s covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower' s consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. FHA WYOMING MORTGAGE- MERS WYMTGZ.FHA 05/03/10 ©oas98 DocMagic e vvsu 800-649-1362 Page 5 of 8 www.docmagic.com fA 00x899 Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender' s agents to collect the rents and revenues and hereby directs each 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 any 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 and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender' s agent on Lender' s written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in frill. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies pennitted 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 notice of sale, and the Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the 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 Instrwnent is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 "Act (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive 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 release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. FHA WYOMING MORTGAGE- MERS DocMagic eRD2732a0 800- 649 -1362 WYMTGZ. FHA 05/03/10 Page 6 of 8 www.docmagic.com 21. Riders to 'this Security tos' ittioe&t't< Ifon'e or store rideis are ekecuted by Borrower and recorded together with this Security Instrument, the covenarits of.each such ?ideY' Shall be .incorporated into and shall amend and supplement the covenants and agreelrients Of this Security instrument as if the rider(s) were a part of this Security Instrument. '[Chet"k- applicable box(es)]. a Cohdominiuni Rider Graduated; Payment; Rider Growing Equity Rider. 'Pl 'Unit beVelopnirt ddet' [Yj M; ustalbleRate-Riddr Rehabilttation iLoan Non -Owner Occupancy Ridev t Other [Specify; AFFIXATION AFFIDAVIT LIMITED POWER OF ATTY RI,DER, MANUFACTURED HOME RIDER BY SIGNING BELOW, Borrower accepts an i. agrees to the term contained in pages 1 through 8 of this Security Instrument and in any rider(s) exec t dl by Borrower and recorded with it. ;1�!v (Seal) (Seal) Toby J Jerritt Borrower;:, Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower Witness: Witness: eou900 FHA WYOMING MORTGAGE- MERS DocMagic 800-649 -1362 WYMTGZ.FHA 05/03/10 Page 7 of 8 www.docmagic.com State of WYOMING County of Lincoln This instrument was acknowledged before me on b Toby J Merritt JILL H. 1ARSON NOTARY PUBLIC County of State of Linc oln Oyming My Commission ra;pir ..s „June 20, 2011 [Space Below This Line For Acknowledgment] FHA WYOMING MORTGAGE- MERS WYMTGZ.FHA 05/03/10 Page 8 of 8 a-,N. 3 o? o ©CIu901 AtCSP-A- L •c/I Signature of notarial officer -12444 Title (and Rank) My commission expires' to 20-0.01) DocMagic eRIOTTJDZ 800-649 -1962 ww w. docmagic. com y y I 1 ya yyy-. t t; f t r 1 t, 0 0 il tile 1 ,4 •11.• :,i..: '''r,...,' 1'1- 1• ..e1:;", qt) ,1 k 1 :g. i' •it i ;p„opls,- ‘.0-it, l. co-- thn* v .1 'i .7 (,!2 -1 f: ,to,7%,,c., 9) L: „,34)„ 4.-4, k.... 44 r.7,t!':-.10,31Y....16,ct,','10-?f(ir.4,'IplftiKt .t.i c ,c. -lioil t.,:i:.41 4410.23: 1,Ac't '.;1- '`i —4 The land tefeited to in This dootintint iS situafe4 in ,f; of Wyoming, County of ...,incolu, and is described as follows: 4: 4 0 C" A portion of the Northeast Quarter oi'lle of Section 20, Township 34 North, Range 118 West, of the 6th P,M., Lineoin Comty,,Wyoming being more particularly described as follows; BEGINNING at a Cotton Gin Spike ki t Pit in the East Hue of said Section 20, said point being 381.45 feet North 0°0715” froW thf: 3.L.M. type Monument found marking the stiutheakt corriev of said Nut:on:1St cv Quarter; thence' South 89°37'46” We tSY,lefIRrfencengi its ',Westerly prolongation, 180.00 feet to an Min Pipe set; thence North 0'07'05" Ea#, Pip:: set; thence North 89°37'46" East :180.00 feet to Iron Pipe set, at a point in said East line, said point being 701.26 feet S.th 0 Wes; from the P.K. Nall found marking the Northeast corner of said Northea Cua of the So Quarter; thence South 0°07'05 West, fjong said f•aft nr.e 242.00 feet to the POINT OF BEGINNING. MIN: 1000452- 0000089960 -0 Loan Number: JAX0067 THIS MANUFACTURED HOME RIDER is made this 3 0th day of DECEMBER, 2 010 and is incorporated into and shall be deemed to amend and supplement that certain Mortgage, Deed of Trust or Other Security Instrument (the "Security Instrument of the same date hereof given by the undersigned (the "Borrower(s) to secure Borrower's Promissory Note (or Manufactured Home Retail Installment Contract) to Eagle Home Mortgage, LLC, A DELAWARE LIMITED LIABILITY COMPANY (the "Note Holder of the same date hereof (the "Note and relating to the property described in the Security Instrument and located at: 537 Bedford N County Road 121, Bedford, Wyoming 83112 The following provisions are applicable to the Security Instrument, including those marked and completed (where applicable): 1. DESCRIPTION OF REAL PROPERTY. The description of the real property set forth in the Security Instrument is amended by the addition of the following: "Together with all improvements constructed upon, affixed to or located upon the above described real property, including without limitation any residential dwelling located upon or to be located thereon, which dwelling is or may be a manufactured home, as hereinbelow described, which manufactured home is or upon placement and affixation shall be conclusively deemed to be real estate (the "Manufactured Home Make: CHAMPION HOME BUILDERS Year Built: 19 9 9 MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST OR OTHER SECURITY INSTRUMENT No Certificate of Title has been issued Certificate of Title No. 2. MANUFACTURED HOME AS PERSONAL PROPERTY SECURITY. The Note is also secured by a security interest in favor of Note Holder in the following described manufactured home "Manufactured Home which is located on the real property described in the Security Instrument: Make: Model: Serial Number: Year Built: Length and Width: No Certificate of Title has been issued Certificate of Title No. MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST OR OTHER SECURITY INSTRUMENT MH.RDR 06/11/09 Page 1 of 3 CO•903 Model: 0 74 6 2 A/ B Serial Number: 1699575A Length and Width: '52'ft x '27'ft (L x W) DocMagic enraTa 800- 649 -1362 w ww. docmagic. com 0%1904 3. ADDITIONAL COVENAN, 'S toF -"iO I.O' ifE :(S) RELATING TO MANUFACTURED HOME. If Paragraph 1 has been marked and co leek Berrc agrees) to comply with all State and local laws and regulations relating to the afrixattf' the jvlatilnfacture4 Horne to the teal property described herein including, but not limited to, 'sint eride:ing the Certificate of Title(if required), obtaining any governmental appro'al and executing any ilocumentationttiecessary to `classify Manufactured Home, as real property under State and local law. The Manufactured Horne shall be at all times and for all purposes permanently affixed to and part of the real property described herein and shall not be removed from said real property. Borrower(s) covenant(s) that affixing the Manufactured Home to the real property `described herein does not violate any zoning laws or other local requirements applicable to manufactured homes. If Paragraph 2 has been marked and completed, Borrower(s) agree(s) and covenant(s) that the Manufactured Home is and shall remain personal property, severable and separate from the real property described in the Security Instrument, and agree(s) and covenant(s) not to take any action, or fail to take any action, which would result in a change in such status. 4. SECURITY AGREEMENT AND FINANCING STATEMENT. This Security Instrument shall be a security agreement granting Lender a first and prior security interest in all of Borrower' s right, title and interest in, to and under any personal property "Personal Property") which under and within the meaning of the applicable State laws is and cannot be classified and considered real property, if any. Personal Property shall also include the Manufactured Home described in Paragraph 2 hereof, if applicable. In the event of any foreclosure sale :whether'rtiade by trustee or a substitute trustee, or under judgment of the court or pursuant to a power of sale, all of the Property and Personal Property may, at the option of Lender, be sold as a whole or any part thereof. It shall not be necessary, to have present at the place of such sale the Personal Property or any part thereof. Lender, as well as Trustee or any substitute trustee on Lender' s behalf, shall have all the rights, remedies and recourses with respect to the Personal Property afforded to a "Secured Party" by the applicable state laws in addition to and not in limitation of the other rights and recourse afforded Lender and/or Trustee or any substitute trustee under this Security Instrument. Borrower(s) shall, upon demand, pay to Lender the amount of any and all expenses, including the fees and disbursements of Lender' s legal counsel and of any experts and agents which Lender may incur in connection with: (i) the making and/or administration of this Security Instrument; (ii) the custody, preservation, use or operation of, or the sale or collection from, or other realization upon any property, real and/or personal, described in this Security Instrument; (iii) the exercise or enforcement of any of the rights of Lender under this Security Instrument; or (iv) the failure by Borrower(s) to perform or observe any of the provisions or covenants in this Security Instrument. Lender may, at its election, at any time after the delivery of this Security Instrument, sign one or more copies of this Security Instrument in order that such copies may be used as a financing statement under the applicable State laws. Lender' s signature need not be acknowledged, and is not necessary to the effectiveness hereof as a deed of trust, a security agreement, or (unless otherwise required by applicable law) a financing statement. 5. RESPONSIBILITY FOR IMPROVEMENTS. Lender shall not be responsible for any improvements made or to be made, or for their completion relating to the real property, and shall not in any way be considered a guarantor of performance by any person or party providing or effecting such improvements. MANUFACTURED HOME RIDER TO MORTGAGE, DEED OF TRUST OR OTHER SECURITY INSTRUMENT MH.RDR 06/11/09 Page 2 of 3 DoeMagic eiPOTAIZ 800- 649 -1362 www. docmagic. com Executed this 3 day of HOME RIDER TO MORTGAGE, DEED OF TRUST OR OTHER SECURITY INSTRUMENT MH.RDR 06/11/09 Page 3 of 3 OOu905 6. INVALID PROVISIONS. If any provision of this Security Instrument is declared invalid, illegal or unenforceable by a court of competent jurisdiction, then such invalid, illegal or unenforceable provisions shall be severed from this Security Instrument and the remainder enforced as if such invalid, illegal or unenforceable provision is not a part of this Security Instrument. (Seal) (Seal) Toby J rr i t t Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower DocMagic erCOODU 800-649-1362 www. docmagic. com (To be recorded with Security Instrument) 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 Toby J Merritt (Borrower(s)) and Eagle Home Mortgage, LLC known to me to be the person(s) whose name(s) is /are subscribed below, and who, being by me first dully sworn, did each on his /or her oath state as follows: DESCRIPTION OF MANUFACTURED HOME USED New /Used 07462A/B Model Name or Model No. IDA185545/46 HUD Label Number(s): 1999 Year OAKLAND Manufacturer' s Name MANUFACTURED HOME LOCATION 537 Bedford N County Road 121 Lincoln Street Bedford WYOMING City State AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME 03/20/06 Page 1 of 3 000908 Loan Number: JAX0067 1699575A/B 52ft x 27ft Manufacturer' s Serial No. Length x Width Certificate of Title Number: County 83112 Zip Code DocMagic a m3' 800 -649 -1362 ww w. docmagic. com 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 Horne 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 ToQ• J Merritt Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME 03/20/06 Page 2 of 3 00u907 DocMagic eS2 Haig" 800- 649 -1362 WW w. docmagic. com In Witness Whereof, Borrower(s) and Lender has executed this Affidavit in my presence and in the presence of undersigned witnesses on this 3 day of Ate-- A 0 t Witness Witness STATE OF WYOMING COUNTY OF Lincoln The foregoing instrument was acknowledged before me this 3 day of y} a 0 l I, by Toby J Merritt who id ally known to r who provided JILL H. LARSON NOTARY PUBLIC County of j s State of Lincoln {9 Wyoming (b'iy C,orntnit ,on Ex i;c e luie 20, 2011 Lender AFFIXATION AFFIDAVIT REGARDING MANUFACTURED (AND FACTORY BUILT) HOME 03/20/06 Page 3 of 3 00090S as identification. id. c7c/A44.- Notafi4 Public Print Name My Commission Expires: 9 B a DocMagic ea?cni:t 800 649 -1362 W w. docmagic.com NI\ Record and Return by Mail by Pickup to: Fag1 e Home Mortgage, TALC 301 116th Avenue SE Suite 400 Bellevue, Washington 98004 Loan Number: JAX0067 REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY (To execute or release title, mortgage or deed of trust, security filing, transfer of equity and insurance documents and proceeds.) The undersigned borrower(s), whether one or more, each referred to below as "I" or "me," residing at: 537 Bedford N County Road 121 Street Address Bedford, Wyoming 83112 "Present Address City, State, Zip, County I am the Buyer /Owner of the following manufactured home (the "Manufactured Horne"): REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY DocMagic pixxi i 800 -649 -1362 04/03/06 Page 1 of 5 www.docmagic.com OOJ9Q9 Used 1999 OAKLAND New /Used Year Manufacturer' s Name CHPMPICN HIE 1699575A/B '52'ft x '27'ft (L x Model Name /Model No. Manufacturer' s Serial No. Length/Width 000916 permanently affixed to the real property located at 537 Bedford N County Road 121 Street Address Bedford, Wyoming 83112 "Property Address and as more City, County, State, Zip particularly described on Exhibit A attached hereto (the "Real Property I do hereby irrevocably make, constitute, appoint and authorize with full power of substitution, Eagle Home Mortgage, LLC ("Lender"), its successors, assigns or designees as my agent and attorney -in -fact, in my name, place and stead in any way which I could do, If I were personally present, with full power of substitution and delegation, (1) to complete, execute and deliver, in my name or Lender's name, any and all forms, certificates, assignments, designations, releases or other documentation as may be necessary or proper to implement the terms and provisions of the Security Instrument dated DECEMBER 30, 2 010 executed by me in favor of Lender, (2) to complete, execute and deliver, in my name or in Lender' s name, any and all forms, certificates, assignments, designations, releases or other documentation as may be necessary or proper to make application for and obtain the certificate of title for the Manufactured Home and to have Lender (or its designee) designated as lienholder on the certificate of title for the Manufactured Home, (3) to complete, execute and deliver in my name or Lender' s name, any and all forms, certificates, assignments, designations, releases or other documentation as may be necessary or proper to have the Manufactured Home treated as real estate for any and all purposes under state law, including but not limited to the surrender of any certificate of title, any election to treat the Manufactured Horne as real estate for tax purposes or to meet any other requirements in order for the loan/financing secured by the Manufactured Home and the Real Property to be eligible for sale on the Federal National Mortgage Association "Fannie Mae the Federal Home Loan Mortgage Association "Freddie Mac or any other secondary market purchaser, (4) to receive, complete, execute or endorse, and deliver in my name or Lender's name any and all claim forms, agreements, assignments, releases, checks, drafts or other instruments and vehicles for the payment of money, relating to any insurance covering the Manufactured Home, the indebtedness secured by the Manufactured Home or the Real Property, and (5) to complete, sign and file, without my signature, such financing and continuation statements, amendments, and supplements thereto, mortgages, deeds of trust and other documents, including releases of these items, which I may from time to time deem necessary to perfect, preserve and protect Lender' s security interest in the Manufactured Horne, the Property and any other property sold with it. I acknowledge that at the time this Power of Attorney and my Security Instrument and any of the forms, certificates, assignments, designations, releases or other documentation are prepared the serial number of the manufactured housing unit may not be available or may be inaccurate. The manufactured housing unit may REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY DocMagic IM7 pile 800- 649 -1362 04/03/06 Page 2 of 5 www.docmagic.com be a factory order in the process of being constructed. Immediately, upon Lender' s receipt of the serial number, I understand and agree that the above items may be completed and/or corrected by Lender to properly disclose all the applicable home identifications, including the serial number. I understand that I will be provided with a copy of any corrected agreement. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy of facsimile of this instrument may act hereunder, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. I have given this Limited Power of Attorney in connection with a loan /financing to be given by Lender and to induce Lender to make the financing available. It is coupled with an interest in the transaction and is irrevocable. This Limited Power of Attorney shall not be affected by my /our subsequent incapacity, disability, or incompetence. I do further grant unto Lender full authority and power to do and perform any and all acts necessary or incident to the execution of the powers herein expressly granted, as fully as I might or could do if personally present. WITNESS my hand and seal this 3 RP day of Witness 9 6t/rzte 0011 Witness ti a \\\30 Borrower by J Merritt Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY DocMagic ira 800 -649 -1362 04/03/06 Page 3 of 5 www.docmagic.com 00C,911 STATE OF WYOMING COUNTY OF Lincoln JILL H. ARSON '''''�a,�,,. County of i i SSA CRY PUBLIC Lincoln ll� y': `'�tl� State of Wyoming IVly Commission (Official Seal) ss.: On the 3 day of leW in the year c90 11 before me, the undersigned, a Notary Publ m and for said State, personally appeared Toby J Merritt personally known to me or proved to me on the basis of satisfactory evidence to be the individual(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. 1 1 /630 Notary Printed Name Notary Public; State of uJ `r O091.2 Qualified in the County of My Commission Expires: 6 p, o o o REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY DocMagic ir1'Jz 800- 649 -1362 04/03/06 Page4 of 5 www.docmagic.com EXHIBIT A PROPERTY DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN A.P.N.: 12- 3418- 20 -4 -00- 044.00 REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY DocMagic 7 1ajz 800 -649 -1382 04/03/06 Page 5 of 5 www.docmagic.com 000913 Th lay d referred to in this document is situated in the State of Wyoming, County of L incoln, and is described as follows: A portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 34 North, Range 118 West, of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a Cotton Gin Spike set, at a Point in the East line of said Section 20, said point being 381.45 feet North 0 °07'05" East from the B.L.M. type Monument found marking the southeast corner of said Northeast Quarter of the Southeast Quarter; thence South 89 °37'46" West, along the existing fence and its Westerly prolongation, 180.00 feet to an Iron Pipe set; thence North 0 °07'05" East, 242.00 feet to an Iron Pipe set; thence North 89 °37'46" East, 180.00 feet to an Iron Pipe set, at a point in said East line, said point being 702.26 feet South 0 °07'05" West from the P.K. Nail found marking the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence South 0 °07'05 West, along said East line 242.00 feet to the POINT OF. BEGINNING.