HomeMy WebLinkAbout962963RECEIVED 1/30/2012 at 10:16 AM
RECEIVING 962963
BOOK: 780 PAGE: 239
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
(Space Above This Line for Recording Date)
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FHA Case No.
SUBORDINATE MORTGAGE
00239
591- 1013321 -703
THIS SUBORDINATE MORTGAGE "Security Instrument is given on DECEMBER e 2011.
The Mortgagors are TRISTEN C. LEWIS and DAYNA A. LEWIS, Husband and Wife
whose address is 301 RUBY STREET, KEG ERER, WY 83101
"Borrower This Security Instrument is given to the Secretary of Housing and Urban Development, and
whose address is C/O C L Service Corp., 2488 East 81st Street, Suite 700, Tulsa, Oklahoma 74137
"Lender Borrower owes Lender the principal sum of SIX THOUSAND SIX HUNDRED NINETY
NINE and 71/100 Dollars (U.S. $6,699.71). This debt is evidenced by Borrower's note dated the same
date as this Security Instrument "Note which provides for the full debt, if not paid earlier, due and
payable on MAY 1, 2038.
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, 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, warrant, grant and convey to the Lender, with power
of sale the following described property located in LINCOLN County, Wyoming:
LOTS 11 AND 12 BLOCK 22 OF THE FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN
COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM,
THE LAND CONTAINED IN WARRANTY DEED RECORDED AUGUST 3, 1981 IN BOOK 179PR ON
PAGE 238 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
which has the address of 301 RUBY STREET [Street] KEMMERER[City], WYOMING [State] 83101
[Zip Code], "Property Address
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 COVENANTS that Borrower is lawfully seized 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 or record.
00240
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.
Borrower and Lender covenant agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note.
2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of
the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to
release the liability of the original Borrower or Borrower's successor in interest. Lender 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.
3. 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. 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 term of this Security Instrument or the Note without that Borrower's consent.
4. 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:
Department of Housing and Urban Development, Attention: Single Family Notes Branch, 451 Seventh Street, SW,
Washington, DC 10410 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.
5. 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.
6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
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NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
7. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement in this Security Instrument. The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not Tess than 30 days from the date the notice is given to Borrower, by which the default must be
cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the
sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the non existence of a default or any other defense
of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without further demand and
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 Section 7, 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 Section 4 Lender shall publish the notice of sale, and the Property shall be sold in the manner
prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be
applied in the 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.
8. 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.
Wyoming.
9. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
State of Wyoming
)ss:
County o t4i 1 J
by:
The foregoing instrument was acknowledged before me this
TRISTEN C. LEWIS and DAYNA A. LEWIS
My Commission Expires:
TAMMY LAFAVE
COUNTY OF
MYCOMMISSION EXPIRES
NOTARY PUBLIC
STATE OF
WYOMING
OECEMBERS, 2014
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TRISTEN C. LEWIS
DAYN4A LEWIS
4,4
DECEMBER_, 2011
00241
(SEAL)
Borrower
(SEAL)
Borrower