HomeMy WebLinkAbout966516JVhen recorded mail to: #7483656
First American Title
Loss Mitigation Title Services 1079.24
P.O. Box 27670 11111111111111111111E11 11111 1111 1111
Santa Ana, CA 92799
RE: WHEELER PC REC SVC
uu659
RECEIVED 8/29/2012 at 2:36 PM
RECEIVING 966516
BOOK: 792 PAGE: 659
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Pool Number:
00697580CD
FHA Case Number:
591 1042442
t 3
DEED OF TRUST
Source of Title: Book #708 Page #183
Assessor's Property Tax Parcel Number P.I.N. 12- 3419- 24 -2 -01- 003.00
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This document was prepared by:
JEANETTE GRIFFITH
Which has the legal description of: See Attached Exhibit A
Which has the Property Address of:
336 W DANA ST
THAYNE WY 83127
Tax ID 12- 3419- 24 -2 -01- 003.00
Wells Fargo Home Mortgage
210 Wildwood Parkway -5th Floor MAC# W0151 -053
Birmingham, AL 35209
DEED OF TRUST
This Deed of Trust "Security Instrument is effective August 9, 2012, among the Grantor,
RAYMOND E WHEELER, married, and SHANA D WHEELER, married (herein "borrower
(herein "Trustee and the Beneficiary, The Secretary of Housing and Urban Development, whose address
is 451 Seventh Street Southwest, Washington D.C., 20410 -8000 (herein "Lender Borrower, in
consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys
to Trustee, in trust, with power of sale, the following described property located in Lincoln County, WY:
TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to
Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property
covered by this Security Instrument; and all of the foregoing, together with said property (or the leasehold
estate if this Security Instrument is on a leasehold) are hereinafter referred to as the "Property". To Secure
to Lender the repayment of the indebtedness evidenced by Borrower's note dated August 9, 2012, and
extensions and renewals thereof (herein "Note in the principal sum of Six Thousand Three Hundred
Sixty -One And 82/100 dollars ($6,361.82), with the balance of the indebtedness, if not sooner paid, due and
payable on 9/1/2042; the payment of all other sums advanced in accordance herewith to protect the security
of this Security Instrument and the performance of the covenants and agreements of Borrower herein
contained.
Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to
grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record.
Borrower covenants that Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to encumbrances of record.
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Borrower and Lender covenants agree as follows:
UNIFORM COVENANTS,
1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by
the Note.
1. 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.
2. 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 an 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.
3. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it 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:
U.S. Department of HUD
C/O DEVAL LLC
Westpoint 1 1255 Corporate Drive, Suite 300
Irving, TX 75038
Toll -Free: (877) 622 -8525
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.
4. 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 conflicting provision.
To this end the provisions of this Security Instrument and the Note are declared to be severable.
5. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this
Security Instrument.
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NON UNIFORM COVENANTS,
7. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower
in this Security Instrument, including the covenants to pay when due any sums secured by this Security
Instrument, Lender, prior to acceleration, shall give notice to Borrower and to any other person required by
applicable law as provided in paragraph 17 hereof specifying: (1) the breach; (2) the action required to
cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which
such breach must be cured; and (4) that failure to cure such breach 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 nonexistence of a default or any other defense of Borrower to acceleration and
sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option,
may declare all of the sums secured by this Security Instrument to be immediately due and payable 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 reasonable costs and expenses incurred in pursuing the remedies
provided in this paragraph 7, including, but not limited to, reasonable attorneys' fees.
If Lender invokes the power sale, Lender or Trustee shall give notice of the time, place and terms
of sale by posting written notice at least 21 days prior to the day of the sale at the courthouse door in each
of the counties in which the Property is situated. Lender shall mail a copy of the notice of sale to Borrower
in the manner prescribed by applicable law. Such sale shall be made public venue between the hours of 10
o'clock a.m. and 4 o'clock p.m. on the first Tuesday in any month but, in no event shall the sale commence
more than three (3) hours after the time stated in the notice of sale. Borrower authorizes Trustee to sell the
Property to the highest Bidder for cash in one or more parcels and in such order as Trustee may determine.
Lender or Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying indefeasible title to the Property so
sold with covenants of general warranty. Borrower covenants and agrees to defend generally the
purchaser's title to the Property against all claims and demands. The recitals in the Trustee's deed shall be
prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the
sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Security
Instrument; and (c) the excess, if any, to the person or persons legally entitled thereto.
If the Property is sold pursuant to this paragraph 7, Borrower or any person holding possession of
the Property through Borrower shall immediately surrender possession of the Property to the purchaser at
such sale. If possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may
be removed by writ of possession.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 7 of the Subordinate Note, 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 or applicable law.
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8. Borrower's Right to Reinstate. Borrower has no right to reinstate the loan after Lender has
accelerated the sums secured hereby. Lender may allow Borrower to reinstate the loan providing that: (a)
Borrower pays Lender all sums which would be then due under this Security Instrument and the Note had
no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of
Borrower contained in this Security Instrument; (c) Borrower pays all reasonable expenses incurred by
Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Security
Instrument, and in enforcing Lender's and Trustee's remedies as provided in paragraph 7 thereof,
including, but not limited to, reasonable attorneys' fees and expenses; and (d) Borrower takes such action
as Lender may reasonably require to assure that the lien of this Security Instrument shall continue
unimpaired. Upon such payment and cure by Borrower, this Security Instrument and the obligation secured
hereby shall remain in full force and effect as if no acceleration had occurred.
8. Assignments of Rents; Appointment of Receiver; Lender in Possession. As additional
security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower
shall, prior to acceleration under Paragraph 7 hereof or abandonment of the Property, have the right to
collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender, in person, by
agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by Lender or
the receiver shall be applied first to payment of the costs of management of the Property and collection
rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's
fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to
account only for those rents actually received.
9. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release
this Security Instrument without charge to Borrower. Borrower shall pay all costs of recordation, if any.
10. Substitute Trustee. Lender, at its option and with or without cause, may from time to time
remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed
hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and
duties conferred upon Trustee herein and by applicable law.
11. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any
part of the Property have been advanced by Lender at Borrower's request and upon Borrower's representation
that such amounts are due and are secured by valid liens against the Property. Lender shall be subrogated to any
and all rights, superior titles, liens and equities owed or claimed by any owner or holder of any owner or holder
of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Lender by
assignments or are released by the holder thereof upon payment.
12. Partial Invalidity. In event any portion of the sums intended to be secured by this Security
Instrument cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those
portions not secured hereby. In the event that any applicable law limiting the amount of interest or other charges
permitted to be collected is interpreted so that any charge provided for in this Security Instrument or in the Note,
whether considered separately or together with other charges that are considered
a part of this Security Instrument and Note transaction, violates such law by reason, such charge is hereby
reduced to the extent necessary to eliminate such violation. The amounts of such interest or other charges
previously paid to Lender in excess of the amounts permitted by applicable law shall be applied by lender to
reduce the principal of the indebtedness evidenced by the Note, or, at Lender's option, be refunded.
Page 4 of 7
Initial
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13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets
maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to
be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this
refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the
Note.
14. Borrower's Authorization for Disclosure of Financial Information. Borrower hereby authorizes
the holder of any mortgage, deed of trust or other encumbrance with a lien that has a priority over this Security
Instrument to disclose any financial information requested in writing by the above -named Lender regarding
Borrower's loan. Such information may include, but shall not be limited to, the following information: current
loan balance, loan status, delinquency notices, tax and insurance receipts, hazard insurance policies and flood
insurance policies, and any other information deemed necessary in its sole discretion by Lender.
To the extent the lender may elect to do so, from time to time, the Borrower hereby authorizes Lender to
cure wholly or in part any default or failure of performance under the terms of the prior Note and Security
Instrument. The Borrower hereby indemnifies and agrees to hold harmless any Lender acting in reliance upon
this provision from any and all liability and causes of action arising from actions taken pursuant to this provision,
including, but not limited to, all attorney fees, costs and expenses incurred for any reason. This provision cannot
be amended, revoked, superseded, or canceled prior to payment in full of the subordinate debt without the
express written consent of the Lender. This provision of the Security Instrument may be continually used from
time to time, and shall inure to the benefit of the Lender, its successors and assigns.
15. Wavier of Notice of Intention and Accelerate. Borrower waives the right to notice of intention to
require payment in full of all sums secured by this Security Instrument except as provided in paragraph 7.
REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES
OR DEED OF TRUST
Borrower and Lender request the holder of any Mortgage, Deed of Trust or other encumbrance with a
lien which has priority over this Security Instrument to give Notice to Lender, at Lender's address set forth on
page one of this Security Instrument, of any default under the superior encumbrance and of any sale or other
foreclosure action.
BY SIGNING NEXT PAGE, Borrower accepts and agrees to the terms contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
IN WITNESS WHEREOF, Borrower has executed this Security Instrument.
Page 5 of 7 Initial C
111
00661
[To be signed by all borrowers, endorsers, guarantors, sureties, and other parties signing the Note
or Security Instrument].
Dan"
Date 0
Date
Date Borrower
Date
Date
Signature
Print Name
Witness
Signature
Print Name
Witness
P
2/1 (G�
SHANA D WHE LER
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0 D E WHEELER orrower
V U
FHA Case Number
591- 1042442
Borrower
Borrower
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
On this, the
n
L n\
day of
MY COMMISSION EXPIRES:
TERRECE SIDDOWAY NOTARY PUBLIC
County of;i''. State of
Lincoln Wyoming
M Commlaelon Tres Ju 27, 2015
NOTARY SEAL
Page 7 of 7
RAYMOND E WHEELER, married, and SHANA D WHEELER, married
efore me personally appeared
known to me personally or proved to me on the basis of satisfactory evidence to be the person(s) whose
(name(s) _are subscribed to the within instrument and acknowledged to me that 1*/§lfe /they executed the
same in 1,46r /their authorized capacity(ies) and that by )Ids /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) a ecuted the i ent.
1111111111111111111111111111111111111111111111 11111111111111
/i id ..4.1&2
6 NAT, i OF NOTARY U IC,
coin
TED NAME OF NOTARY
006V
Witness 1 Signature
Date
Witness 2 Signature
Date
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
On this, the
n
L n\
day of
MY COMMISSION EXPIRES:
TERRECE SIDDOWAY NOTARY PUBLIC
County of;i''. State of
Lincoln Wyoming
M Commlaelon Tres Ju 27, 2015
NOTARY SEAL
Page 7 of 7
RAYMOND E WHEELER, married, and SHANA D WHEELER, married
efore me personally appeared
known to me personally or proved to me on the basis of satisfactory evidence to be the person(s) whose
(name(s) _are subscribed to the within instrument and acknowledged to me that 1*/§lfe /they executed the
same in 1,46r /their authorized capacity(ies) and that by )Ids /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) a ecuted the i ent.
1111111111111111111111111111111111111111111111 11111111111111
/i id ..4.1&2
6 NAT, i OF NOTARY U IC,
coin
TED NAME OF NOTARY
006V
Exhibit A 000
Part of Section 24, T34N R119W of the 6 P.M., Lincoln County, Wyoming being
more particularly described as follows:
BEGINNING at the Southwest corner of the Northwest Quarter of said Section 24
and running thence North 350 feet;
Thence East 118 feet;
Thence South 350 feet, more or Tess to the South boundary line of said
Northwest Quarter;
Thence West 118 feet, more or Tess, along the South boundary line, to the
POINT OF BEGINNING
JO667