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HomeMy WebLinkAbout891283Recordings Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St. Paul, MN 55117 Space Above for Recorder's Use Only Loan Number: 2764636 ASSIGNMENT AFFIDAVIT C. MONTGOMERY being duly sworn, deposes and says under the penalty of perjury, I am the Assistant Vice President for Residential Funding Corporation, the current holder of a certain Note dated 02/12/1999 made by LARRY DEASON AND RONDA K DEASON payable to the order of Y.E.S. CAPITAL FUNDING INC. in the original amount of $$46,500.00. The said Note was secured by a Mortgage or Deed of Trust, which Mortgage or Deed of Trust was recorded on 03/23/1999 in Book 427 Page 591 as Instrument No. 857518 in the Office of the Recorder of LINCOLN County, State of WY. JP MORGAN CHASE BANK AS INDENTURE TRUSTEE (FKA CHASE MANHATTAN BANK AS INDENTURE TRUSTEE) is the current holder of the note as evidenced by the chain of endorsements set forth on the said Note. A tree and correct copy-of the Note is attached hereto and incorporated herein by reference. Residential Funding Corporation has been the holder of the Note and has been in physical possession of all associated loan records since the loan transferred to us in 04/01/1999. Based upon the information available to us, it appears the assignment of the Mortgage or Deed of Trust from LINEAR CAPITAL, INC. to FIRST COLORADO MORTGAGE CORPORATION was either lost prior to recording or inadvertently not prepared when the loan transferred from LINEAR CAPITAL, INC. to FIRST COLORADO MORTGAGE CORPORATION and is not now obtainable. Property Address: 1505 Garnet Street, Kemmerer, WY 83101 Legal Description: Lot 2 of Block 1 of the GARNET STREET ADDITION to the City of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof. PLEA'SE R'£COFID [ .. Further Affiant sayeth Not. Executed this. June 19, 2003 JP MORGAN CHASE BANK AS INDENTURE TRUSTEE (FKA CHASE MANHATTAN BANK AS INDENTURE TRUSTEE) RESIDENTIAL FUNDING CORPORATION, Attorney-in Fact By: '~.- ~ Name: C. MONTGOMERY Title: Assistant Vice President State of MINNESOTA ) )SS : County of HENNEPIN ) . Subscribed and sworn to before me, R JOHNSON, Notary Public of Said State, on this June 19, 2003 personally appeared C. MONTGOMERY, Assistant Vice President of Residential Funding Corporation personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Assistant Vice President on behalf of the corporation therein and acknowledged to me that such corporation executed the same. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. My Commission expires Jan. 31, 2005. ~/ '~~il~ JOt4~5OI4'~ " Prepared by: R. Johnson ~~ Residential Funding Corporation ................... 1 Meridian Crossings, Suite 100 Minneapolis, MN 55423 FIXED RATE NOTE ENCINITAS , California City S~a, te WYOMING 83101 ZIp Code 756 FEBRUARY 12 ,]p 99 1505 GARNET ST. KEMMERER City Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 46,500,00 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is V E S. CAPITAL FUNDING INC , A CALIFORNIA CORPORATION · . ' . I understand that the Lender may transfer this Note. The Lender or an~,one who takes this Note by transfer and who is entitled to receive payments under this Note will be called the" Note Holder." 2. INTEREST Interest will be charged on unpaid principal un~t[~ the full amount of principal has been paid. I will pay interest at a yearly rate of .990 % The Interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this note. 3. PAYMENTS (A) Time and Place of payments I will pay principal and interest by making va.)~.ents every month. I will make my monthly paymentson the ;70th day of each month beginning on MARCH 20, 1999 . I will make these payments ever)/month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on F FBRUARY 20 ~ ;1024 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." _ I will make my monthly paymeno at 4403 MANCHESTER AVE #201, ENCINITAS, CA 92024 or ara different place if required by the Note Holder. Amount of Monthly Payments (M~ monthly payment will be in the amount of U.S.$ 489.41 4. I~ORRO'W~R'S RIGHT TO PREPAY - " I have the right to make payment~s of principal at any time before they are due. A payment of principal only is known as a "prepayment . When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note, If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly paymen_t unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (i) any Such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial~p_re_p, ayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (^) 12re c:~aT.e,for. Ovenl.ue Pa.y~e full amount of any of my monthly payments by_the end of 10 , calendar_ da?, a[t.e~r:nhe date If the Note homer nas not recelveu t,, -- ..,~ ~ _ ...:,, ~._ ~ ox. ,~r v veraue oavment out not ~ess t,, dl a a late char e to the Note Holder._ kne amount of me cnarg ........ . ,_ v.,m, o ca'ch'late ~'a---ent it is due _l~w' A~ Y g .... .. o,l n· ~. m ~a~' this late charge nrompuy out omy once on p y,,, · U.S.$ IU.UU and not more man u.>.~ c'~.-~- ....... v ~ (B) Default If I do not pay the full amount of each monthly payment on the date it is due, ! will be in default. (C) Notice of Default If I am in default; the Note Holder may send me a written notice telling me that ill do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the fight to do so if I am in default at a Jater time. (LO Payment of Note Holder's Costs and If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the fight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GMNG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by deJivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I amgiven a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all the promises made in this Note. The Note Holder may enforce its rights under this note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentmen¢ means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been ~;rRU 10. THIS NOTE SECURED BY A DEED ST. In addition to the protections given to the Note Holder under this Note, a Deed of Trust, dated the same day as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Deed of Trust describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. Some of these conditions are described as follows:' TranSfer of the Property or a Benefidal Inten~t In Bo~er. If all orany part of the Property or any interest in it is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if prohibited by federal law as of the date of this Deed of Trust. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than :30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Deed of Trust without further notice or demand on Borrower. ~.,~.~ RONDA K. DEASON uo,,o,,,., W~'OMING-SecondMortgage-1/80- FNMA/FHLMC MODIFIED INSTRUMENT Prlnled on Las, , ¢', B .... Park, CA BO~21 Ph:(714) g94-2121 :!i: iii!:_!i!~ (HP-237 02/g3) LO ~N NO. 27271 ASSIGNMENT OF NOTE For valuable consideration, receipt of which hereby acknowledges, the undersigned hereby sells, transfers, endorses, assigns and delivers WITHOUT RECOURSE to: LINEAR CAPITAL, INC. all of his rights, title and Interest In and to the attached promissory note dated: 2/12/99 In the face amount of $ 46,500.00 . The borrowers In said promissory note are: LARRY J. DEASON AND RONDA K, DEASON Said promissory note Is secured by a Deed of Trust/Mortgage of the same date on real property located at: 1505 GARNET ST., KEMMERER, WYOMING 83101 Y.E.S. CAPITAL FUNDING INC., A CALIFORNIA CORPORATION (Beneficiary) transfers all dghts accr'd~ or tO accrue under said not~ and secured Deed of Trust~Mortgage In which the undersigned Is ~e Beneficiary and the borrowers are the trustors, Dated: ~//~/.5~ ; Benaflclary~..C~AP-ITA.~..~UND[NG INC.., A CALIFORNIA CORPORATION Name and Title , Bu~n~ Pule, CA. ;0~21 ph:(7t 4) 114-21~! Hill-m/ ALLONGE FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to' RESIDENTIAL FUNDING COR?ORATIO all of its right, title and interest in an.d..to.the attached promissory note Dated: F"(~b~;~'~j '2'i~2; '~i ~;99'" LOAN NO: Executed by: LARRY J. & RONDA K. DEASON 1505 GARNET ST, KEMMERER, WY 83101 as borrowers, to the undersigned. This assignment is without recourse or warranties except as provided in a Master Purchase Agreement by and be.tween and the undersigned dated Assignors: FIRST COLORADO MORTGAGE Title: ATTORNEY- I N-FACT Dated: March 22, 1999 ALLONGE FOR VALUE RECEIVED, the iundersigned hereby grants, assigns and transfers to FIRST COLORADO MORTGAGE all of its right, title and interest in and to the attached promissory note Dated: February 12, 1999 LOAN NO: Executed by: LARRY J. & RONDA K. DEASON 1505 GARNET ST, KEMMERER, WY 83101 as borrowers, to the undersigned. This assignment is without recourse or warranties except as provided a Master Purchase Agreement by and bet;yveen and the undersigned dated Assignors: By: Title: Linear Capital, Inc. Assistant Vice President Dated: March 22, 1999 Ut44B0706-O1Gft06 RFF/LOST R$SGNrlT LORH*t 2764636 US Recordinge