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HomeMy WebLinkAbout89513704018614 WHEN RECORDED MAIL TO: 895137 GMAC Mortgage Corp. 100 Witmer Road Horsham, PA 19044-0963 ATTN: Capital Markets FR PAGE RECEIVED LINOOLN COUNTY CLERK "O5 [Space Above This Lhle For Recording Data] Closed End Loan No.: 557635901 CLOSED END MORTGAGE THIS MORTGAGE is made this 6th day of November, 2003 among the Mortgagor, Mindy Jo Dayton Muth and Steve Edward Muth, husband and wife whose address is 1035 Bingham Ave, Idaho Falls, ID 83402-2046 (herein "Borrower" or "MortgagOr"), and the Mortgagee GMAC Mortgage Corporation as agent for the District of Columbia Housing Finance Agency acting as nonfinee for the District of Columbia Affordable HoUsing Finance Trust (herein after, including its assigns, called "Mortgagee" or "Lender") and any future Holder or Holders. WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 5,876.96 (the "Loan") which indebtedness is evidenced by Borrower's Note dated November 6, 2003 and extensions and renewals thereof (herein "Note") if not sooner paid, due and payable on December 1, 2013 ; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender, .with power of sale, the following described property located in the County of Lincoln , State of Wyoming: FIIA WYOblING - ^HFT Mo. rtgage Z/lll~/ (Page I of 9) Initials:~3~,,2~.~, 0 8 GMACM - FMS.1303.WY (0108) 222231401 See Attached Schedule A which has the address of: 4570 County ROad 123, Turnerville, WY 83112 (Street) (City) (State) (Zip Code) (herein "Property Address" or "Residence"); TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances mad rents, all of which shall be deemed to be and remain a part of the Property covered by this Mortgage; and all of the foregoing, together with said Property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property" or "Residence". 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 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 promptly pay when due the principal indebtedness evidenced by the Note. 2. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraph 1 hereof shall be applied by Lender to the principal of the Note. 3. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which ha~ priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 4. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of LOAN NO: 557635901 FHA WYOMING ^HFT Morlgage 2/01 GMACM- FMS.1303.WY (0108) (Page 2 of 9) hfitials: . trust, or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 5. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating Or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 6. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, the Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' lees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. To the extent permitted by applicable law, any amounts disbursed by Lender pursuant to this paragraph 6, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 6 shall require Lender to incur any expense or take any action hereunder. 7. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection 'specifying reasonable cause therefore related to Lender's interest in the Property. 8. Condemnation. The proceeds of any award or Claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 9. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for LOAN NO: 557635901 FtlA WYOMING AHPT Morlgage 2/01 GMACM - FMS.1303A~ (0108) (Page 3 ofg) hfitials ~ . 2O 8 payment or modification of amortization of the sums secured by this Mortgage granted by' Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to cormnence proceeding against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provismns of paragraph 14 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lienor under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accon~-nodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 11. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by nmiling such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 12. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 13. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any 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, LOAN NO: 557635901 r~/,i FHA WYOMING AHFT Mortgage 2/01 . ...... GMACM - FMS.1303.WY (0108) (Page 4 of 9) hfitials / 209 Lender may, at its option, after giving any grace period, right to cure, and/or reinstatement righi' required by applicable law, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by Federal law as of the date of this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS.. Borrower and Lender further covenant and agree as follows: 15. Acceleration; Remedies. Except as provided in paragraph 14 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secur4d by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 11 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must he 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 Mortgage 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 Mortgage 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 in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees. The parties to this document are subject to the provision for Arbitration as set forth in the Closed End Note which is incorporated by reference as if set forth at length herein. 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 mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 11 hereof. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees, and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, if any, to the Person or persons legally entitled thereto. 16. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreement?~of LOAN NO: 557635901 FIIA WYOMING ^HFT Mot,gage 2/01 GMACM- FMS.I303.WY (0108) (Page S of 9) Initials: {/~/V~_,)~ F--~''4~, Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligation secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assignment 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 15 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 15 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 pay of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' tees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 18. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to BOrrower. Borrower shall pay all costs of recordation, if any. 19. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. 20. This mortgage is given to secure the payment of the Loan, according to' the terms of a certain Down Payment and Closing Cost Assistance Program Note of even date herewith (the "Loan Closing Date"), signed by the Mortgagor, the payment hereon being due on or before the Maturity Date, as provided by the Note. The Note secured by this mortgage has a maturity of ten years, but will be forgiven to the extent of twenty (20%) of the original principal amount on the fifth anniversary of the Loan Closing Date; an additional twenty percent (20%) of the original principal amount on the sixth anniversary of the Loan Closing Date; twenty percent (20%) of the original principal amount on the seventh anniversary of the Loan Closing Date; twenty percent (20%) of the original principal amount on the eighth anniversary of the Loan Closing Date. This mortgage will be fully forgiven on the tenth (10th) amfiversary of the Loan Closing Date. Unless the obligations under the Note and this mortgage are assumed by the transferee of the Residence qualified under the Program in the opinion of the Servicer (described in the Note) of the Loan to assume such 'obligations, the Note and this mortgage securing the Property will be accelerated at the then principal balance if the Mortgagor sells the Residence or voluntarily refinances or prepays more than 20% of the original principal balance of the first mortgage note within ten years of the Loan Closing Date. LOAN NO: 557635901 FHA WYOMING ^}iFf Mortgage 2/01 GMACM - FMS.1303.WY (0108) (Page 6 of 9) In the event the Mortgagor defaults in the prepayment of said indebtedness, or fails to perform the other covenants and agreements hereof, the Mortgagee may foreclose this mortgage as provided by law; and as often as any proceedings may be taken to foreclose this mortgage, the Mortgagor agrees to pay to the Mortgagee a sum equal to ten percent (10%) of the amount due as attorneys' fees, in addition to the other sums due, which shall be a further lien secured hereby. Upon the due payment of said indebtedness and the performance of the covenants and agreements hereof by the Mortgagor, this mortgage shall become null and void. This mortgage is and shall be automatically subordinate to any existing first lien real estate mortgage on the Property. The parties hereto acknowledge and agree that this mortgage is subject and subordinate in all respects to the liens, terms, covenants, and conditions of the first lien real estate mortgage on the Property encumbered by this second lien real estate mortgage and to all advances heretofore made or which may hereafter be made pursuant to the first lien real estate mortgage including all sums advanced for the purpose of (a) protecting or further securing the lien of the first lien real estate mortgage, (b) curing defaults by the Mortgagor under the first lien real estate mortgage, (c) for any other purpose expressly permitted by the first lien real estate mortgage, or (d) constructing, renovating, repairing, furnishing, fixturing, or equipping the Property. The terms and provisions of the first lien real estate mortgage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the first lien real estate mortgage, and provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Mortgagor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property (other than the Mortgagor or a related person or entity of the Mortgagor). Any person.including its successors or assigns (other than the Mortgagor or a related person or entity of the Mortgagor), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the first lien real estate mortgage shall receive title to the Property free and clear of such restrictions. Further, if the holder of the first lien real estate mortgage (the "Senior Lien Holder") acquires title to the Property pursuant to a deed in lieu of tbreclosure, the lien of the first lien real estate mortgage shall automatically terminate upon the Senior Lien Holder's acquisition of title provided that (i) Mortgagee has been given written notice of a default under the first lien real estate mortgage and (ii) Mortgagee has not cured the default (which cure option may be exercised in Mortgagee's sole discretion under the first lien real estate mortgage or diligently pursued curing the default as determh~ed by the Senior Lien Holder within the 60-day period provided in such notice sent to Mortgagee). REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS 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 Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. FHA ~,VYOMING alIFX Mortgage GMACM - FMS.1303.WY (0108) (Page 7 of 9) Initials: , IN WITNESS WHEREOF, Borrower has executed this Mortgage. Borrower (Maker): (Seal) -Borrower (SeaO -Borrower (Seal) -Borrower (Seal) -Borrower 'Witnesses: LOAN NO: 557635901 FHA WYOMING A~tFT GMACM - FMS.1303.WY (0108) (Page 8 of 9) 6, 2003 (date) INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING, covyry or --~7~_~-~3 .} ss The foregoing instrument was acknowledged before me this November by Mindy Jo Dayton Muth and Steve Edward Muth, husband and wife WITNESS my hand and official seal. My Commission Expires: (2~- t ~_W '(mortgagor) N'~ary P4blic Wyoming LOAN NO: 557635901 FIIA WYOIMING ^}{FT Morlgage 2/01 GMACM - I~IS.1303.'WY (0108) (Page 9 of g) EXHIBIT "A" 'llml i~a,.i of IJ,e NF-~NE,/. ol'$eClJon 15, 'I']3N R.118W. I.i.coln .f'aulily, Wyo,ni.g, bei.g parl iff Ihal Ir~cl al' rucord i. lhe Ol'fi,-~- o1' the Clerk of Lincoln Coumy in Fi~ok 507 of Pholoslalic Recnrds nn p-ge 285. des:ribed ns Follows: IIF. f;INI~INC At o poJnl n, lira casl Ii,c of said NE½NF.;4, N00O.3L~,_00,,E, 244.8.3 feel from thc Soullmnst corner ors.id II,ghee N00"-3ti'-00"l~, 161).71 £c¢!., alo.g s.id easl line. Io a point: d,e.ce N86"-~i0'.1 fi"W. 2{11.80 r.,'l. -~lo,,g mi "gisliJ~g I'cnce Ii.c, i. part, to a poi.l: Ibc.cc SI)[)o_)0..i. iD.W, I '72.(~ I feel, I. a fi,c.cc .~flgo. 16..36..F.. ](~1.21 I'ecl. ~o (he POINT OF' IIgCINNINC; This Real Estate Mortgage is second and subject ONLY to a First Real Estate Mortgagerecording concurrently herewith in favor of GMAC Mortgage Corporation, dated November 6, 2003, in the original amount of $146,924.00.