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HomeMy WebLinkAbout978170 978170 8/28/2014 2:23 PM LINCOLN COUNTY FEES: $33.00 PAGE 1 OF 8 BOOK: 838 PAGE: 537 MTG, SUBORDINATION OF JEANNE WAGNER, LINCOLN COUNTY CLERK 111111111111111 IIII III II IIIII II II I III 11111 11111 IIIII IIIII HI 1111 II 111111111111 This Document Prepared By: JONATHAN MORRIS WELLS FARGO BANK, N.A. 3476 STATEVIEW BLVD, MAC# X7801 -03K FORT MILL, SC 29715 (800) 416-1472 When recorded mail to: #:9245965 First American Title Loss Mitigation Title Services 1079.24 P.O. Box 27670 Santa Ana, CA 92799 RE: WHEELER PC REC SVC Tax /Parcel No. 12- 3419- 24 -2 -01- 003.00 [Space Above This Line for Recording Data] FHA Case No.: 703 591 1042442 SUBORDINATE MORTGAGE THIS SUBORDINATE MORTGAGE "Security Instrument is effective JULY 14, 2014 among the Grantor, RAYMOND E. WHEELER AND SHANA D. WHEELER, HUSBAND AND WIFE (herein "borrower whose address is 336 W DANA ST, THAYNE, WYOMING 83127. The beneficiary is 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 COUNTY of LINCOLN, State of WYOMING, which has the legal description of SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: Which has the Property Address of; 336 W DANA ST, THAYNE, WYOMING 83127 (herein "Property Address Tax ID 12- 3419- 24 -2 -01- 003.00 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 thi ecurity Wells Fargo Custom Partial Claims Loan Modification Agreement Initi. N j Ne 07032014_259 708 lit 101111111 First American Mortgage Services Page 1 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 JULY 14, 2014 and extensions and renewals thereof (herein "Note in the principal sum of THIRTEEN THOUSAND ONE HUNDRED THIRTY-THREE DOLLARS AND 95 CENTS ($13,133.95), with the balance of the indebtedness, if not sooner paid, due and payable on SEPTEMBER 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 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 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 20410 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. Wells Fargo Custom Partial Claims Loan Modification Agreement Initi. SLID 07032014_259 708 Mal 11111111 First American Mortgage Services Page 2 6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 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 less 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 assert in the foreclosure proceeding 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 or Borrower invokes the power of sale, and the Property is judicially ordered to be sold pursuant to such power, Lender shall mail a copy of a notice of sale by registered mail to Borrower at the Property Address or at any other address Borrower delivers to Lender in writing for that purpose. Lender shall publish the notice of sale for the time and in the manner required by Applicable Law and, without further demand on Borrower, the Property shall be sold at the time and under the terms designated by the court and in the notice of sale. 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 7 of the Subordinate Note, the Secretary may invoke the non judicial 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 by the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to Lender under this paragraph or applicable law. 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. 9. Waivers. Borrower releses and waives all rights under and by virtue of the homestead exemption laws of Wyoming. 10. Borrower's Right to Reinstate. Borrower has no right to reinstate the loan after Lender has accelerated the suns secured hereby. Lender may allow Borrower to reinstate the loan providing that: (a) Borrower pays Lender all suns which would be then due under this Security Instrumen nd Wells Fargo Custom Partial Claims Loan Modification Agreement Initia 07032014_259 708 I111111111111 n First American Mortgage Services Page 3 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. 11. 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. 12. 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. 13. 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 ..-eason, 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. 14. 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 re ded to Wells Fargo Custom Partial Claims Loan Modification Agreement �Ini. 11 p 07032014_259 708 III g III� pti1 uIIII�11all First American Mortgage Services Page 4 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. 15. 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. 16. 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. Wells Fargo Custom Partial Claims Loan Modification Agreement InitiJ 07032014_259 708 111111111111101 First American Mortgage Services Page 5 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Inst ent. d R' f d Cam-- g Borrower RAYMOND E. HEELER Date I,&_a A0 Ct° 6 f t4 Borrower: SHANA D. WHEELER Date Borrower: Date Borrower: Date [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT State of UJ y Q vi rirt County of C*Trr) The foregoing instrument was acknowledged before me by RAYMOND E. WHEELER, SHANA D. WHEELER this (.0 day of Witness my hand and official seal. (Seal) d ---1 ary Public Printed Name: DI 6141.4%. M J My commission expires: 3-1 1 I5 DIANA M. JOY NOTARY PUBLIC COUNTY OF w STATE OF TETON i WYOMING i NryCOMMISS10PiEXPIRES Wells Fargo Custom Partial Claims Loan Modification Agreement Initi3 J"`� 07032014_259 708Illin NIIN' IEII First American Mortgage Services Page 6 EXHIBIT A BORROWER(S): RAYMOND E. WHEELER AND SHANA D. WHEELER, HUSBAND AND WIFE LOAN NUMBER: (scan barcode) LEGAL DESCRIPTION: PART OF SECTION 24, T34N R119W OF THE 6TH 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 LESS TO THE SOUTH BOUNDARY LINE OF SAID NORTHWEST QUARTER; THENCE WEST 118 FEET, MORE OR LESS, ALONG THE SOUTH BOUNDARY LINE, TO THE POINT OF BEGINNNING ALSO KNOWN AS: 336 W DANA ST, THAYNE, WYOMING 83127 11 6 Wells Fargo Custom Partial Claims Loan Modification Agreement ]niti i t 07032014_259 708 NW IIPl EM First American Mortgage Services Page 7 Date: JULY 14, 2014 Loan Number: (scan barcode) Lender: SECRETARY OF HOUSING AND URBAN DEVELOPMENT Borrower: RAYMOND E. WHEELER, SHANA D. WHEELER Property Address: 336 W DANA ST, THAYNE, WYOMING 83127 NOTICE OF NO ORAL AGREEMENTS THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES. Receipt of Notice. The undersigned hereby admit to having each received and read a copy of this Notice on or before execution of the Loan Agreement. "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, pursuant to which a financial institution loans or delays repayment of or agrees to loan or delay repayment of money, goods or any other thing of value or to otherwise extend credit or make a fi a ial accommodation. e el �Q A 401 Borrowe Date RAYMOND E. W EELE S tua g„V to Borrower Date SHANA D. WHEELER Borrower Date Borrower Date Borrower Date Borrower Date 07032014_259 q� �ry 708 �lI1i1 First American Mortgage Services Page 8