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HomeMy WebLinkAbout886364 [Space Above This Line For Recording Datal FHA Case No. State of Wyoming MORTGAGE 591-0923054-703 Record and Return to: Cendant Mortgage Corporation 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 MIN 100020000208717607 THIS MORTGAGE ("Security Instrument") is given on Decmnber 17th, 2002 The Mortgagor is Bra~-ure J Henrie, A MARRIED PERSON and Kristy L Henrie, A MARRIED PERSON ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafier defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Cendant Mortgage Corporation ("Lender") is organized and existing ttnder the laws of New ,Teraey , and hasanaddressof3000 Leadanhall Road Mount Laurel, NJ 00054 · Borrower owes Lender the principal sum of NinetY-Six Thousand Five Hundred Two Dollars and Zero Cents Dollars (U.S. $96,502.00 ). 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 onJ&nuary 1st, 2 033 · 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 FHA Wyoming Mortgage with MERS - 4/96 (~4N(WY) ¢olo2) Amended 2/01 Page 1 of 8 Inltiala:~ VMP MORTGAGE FORMS- (800)521-7291 574 af Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrowe~ does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors ant assigns) and to the successors and assigns of MERS with power of sale, the following described property located in r.xNco~t~ County, Wyoming: Being more particularly described by a legal deacription attached hereto and made a part thereof. Being the same premises conveyed to the mortgagors 'herein Oy deed being recorded simultaneously herewithl this being a purchase money mortgage given to secure the purchase price of the above described premises. a, hich has the address of 1905 DEL RIO DRIVE [Street] [(EMMERER [City], Wyoming 83101 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, ~ppurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be :overed 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 thi $ecurity Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender' ~uccessors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the rig~ :o foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or mnceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to nortgage, 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 incumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenant atith limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, an 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 )ayment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and ~pecial assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the ?roperty, and (c) premiums for insu}ance 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 a, hich such premium would have been required if Lender still held the Security Instrument, each monthly payment ~hall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, )r (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 ~tems 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 ~ct of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be lmended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated tisbursements or disbursements before the Borrower's payments are available in the account may not be based on xmounts due for the mortgage insurance premium, l.~t~,:~d~ (~i4N(WY) (.aoz).o~ ~'a~* 2 of 8 ~ , 575 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 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. 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 ha., sot 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 :redited 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, whethe~ now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for whit[ Lender requires insurance. This insurance shall be maintainbd in the amounts and for the periods that Lendel :equires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequentl3 ~rected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies ipproved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payablel :lauses 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 noq made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make paymentI for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurancq ~roeeeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note ant ~his Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepaymen! >f principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the .~rincipal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, :hange the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstandin 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 extinguish~ :he indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the ~urchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Applicationl ~easeholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty ~lays after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property1 ind shall continue to occupy the Property as Borrower*s principal residence for at least one year after the date el )ceupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuatin :ircumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuatin :ircumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow tl~ ?roperty to deteriorate, reasonable wear and tear excepted. Lender may inspect thc Property if the Property is vacan~ ~r abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant 1(~4N(WY) (a*02).0~ page Inlllals:~ ibandoned 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 :o cermng Borrower s occupancy of the Property as a principal residence. If th~s Security Instrument is on a easehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the easehold 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 wi my condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, arq ~ereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaiq ruder the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtednessI ander the Note and this Security Instrument, first to any delinquent amounts applied in the order provided irt ~aragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or aostpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such >ayments. 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 =,ovemmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall Pay :hese 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 :videncing these payments. If Borrower fails to make these payments or the payments reqUired by paragraph 2, or fails to perform any othel :ovenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly: fffect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws · egulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's · ights 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 ;ecured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note ~ate, 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:l ia) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b~ :ontests 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 ~greement satisfactory to Lender subordinating the lien to this Security InStTument. If Lender determines that any part ~f the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give ~lorrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set fortI~ ~bove 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 f~ailing to pay in full any monthly payment required by this Security Instrumen~ 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 containe~ in Shis 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. 170 lj-3(d)) and with the priox approval of the Secretary, reqUire immediate payment in full of all sums secured by this Security Instrument if: 577 (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 descen0, 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, bu Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (fl) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limil Lender's rights, in the ease of payment defaults, to require immediate payment in full and foreclose ifno~ paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulatiom of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determine~ to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lendel may, at its option, require immediate payment in full of all sums secured by this Security Instrument. ,~ written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of suc~ ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when th u_navailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to th{ Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in ful )ecanse of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applie~ even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in s lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations et 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 andl the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. I However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after th4 :ommencement of foreclosure proceedings within two years immediately preceding the commencement of a eurrenq 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 el modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor ~r interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor ~r interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend Iime for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of an, remand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercisin ~ny fight 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 agreemen~ )f this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the >revisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who :o-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to nortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) s not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and an )ther Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of thi gecurity Instrument or the Note without that Borrower's consent. (~4N(WY) (ggo2).o~ Page $ of a 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it o~ Dy mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed tc the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall bt 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 whet given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law oJ 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 o] 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 Securit Instrument. 16, Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or releas 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 t~ the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generall recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other actio by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance ox Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmema or regulatory authority, that any removal or other remediation of any Ha?~rdous Substances affecting the Property i! 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, otherflammable or toxi~ 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 ofth~ urisdiction where the Property is located that relate to health, safety or environmental protection. qON-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 revenue of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby direct,, each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice tc Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect ant receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment et 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 a,~ 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 woul~ 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. Thi assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. __I~4N(WY) Pegl 6 of 6 Iniltals:.~L~ 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may nvoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collecl dl 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 the notice of sale, and th~1 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 ali expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Securit~ 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 require immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sah ~rovided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq, ) by requesting l foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property ~rovided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwis, tvailable 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 Secufit~ Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights :urtesy and dower in the Property. 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together atith this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and ~upplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security instrument. [Check applicable box(es)]. [] Condominium Rider [] Growing Equity Rider ['~ Other [specify] ~ Planned Unit Development Rider [] Graduated Payment Rider ~~4N(WY) (Dgo2).o~ Page 7 o~' 8 '580 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: '._ ~'e,?~,~ \ tL, ~ )o~~-~-~ (Seal) Brazure J Henrle -Borrower (Seal) -Borrower (Seal) (Seal) -Borrowcr -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this Dec ~auber 17 th, 2 0 0 2 by , Brazure J Henrie, Xrist¥ L Henrte · My Commission Expires: lqovembe'r 4, 2006 Notary Public (~4N{WY) Page 8 al g Exhibit A Lot 3 of Block 4 of the Lincoln Heights 5th Addition, First Filing, to the City of Kemmerer, Lincoln County, Wyomin§ as described on the official plat thereof.