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HomeMy WebLinkAbout900672 ,: -,EIVED LINOOL!".! 'COLINTY CLERK State of Wyoming [SI)ace Ahove Tiffs Line For Recor(l~g Data] MORTGAGE FHA Case No. 591-0954357 703 THIS MORTGAGE ("Security Instrument") is given on JU~E 30, 2004 The Mortgagoris MICHAEL R CACHELIN, A SINGLE PERSON ("Borrower") This Security Instrument is given to WELLS FARGO BANK, N.A. which is organized and existing under the laws of THE UNITED STATES , and whnse address is P.O. BOX 10304, DES MOINES, IA 503060304 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TWENTY FOUR THOUSAND TWO HUNDRED FORTY FIVE AND 00/100 Dollars (U.S. $********'124,245.00). This debt is evidenced by Borrower's note dated the same date as tiffs Security Instrument ("Note"), which provides for monthly payments, with d~e fldl debt, if not paid earlier, due and p~yable on JULY 01, 2034 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 tl~e 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 0043276278 FHA Wy.ming Mortgage - 4/96 (~I)'~4R(WY) ,~6o4Lol VMP MORTOAOE FORMS - 1800)521-729 "'539 of Borrower's covenants and agreements under this Security Instrument and fl~c Note. For fids purpose, Borrower does hereby mortgage, grant and co,ivey to the Lender with power of sale, the following described property located iii LINCOLN Colully, Wyoming: LOT 15 OF BLOCK 4 OF THE LINCOLN HEIGHTS 4TH SUBDIVISION TO THE CITY OF KEMJiLERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 10304, DES MOINES, IA 503060304 which has the address of 1615 ANTELOPE COURT, KEMMERER IS,reel, City], Wyoming 83101 [Zip Codel ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfidly seized of the estate hereby conveyed and has the right to mortgage, grant and convey tile Proper~Y and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend gererally, the title to the Property against all claims and demands, subject to any encumbrances of record. ' ' THIS SECURITY INSTRUMENT combines mfifoml cove,rants for national use and non-unitbrm covemmts wifl~ limited variations by jurisdiction to constitute a mfifonn security insmm~ent covering real property. Borrower and Lender covermnt and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, hr:erest and Late Charge. Borrower shall pay wheu due the principal of, and interest on, the debt evidenced by the lXote and late charges due under the Note. 2. Monthly Pay~nent of T,'~:es,I Insurance and Other Charges. Borrower shall iliclude in each monthly paymentl together with the principal and interest as set forth in file Note and any late charges, a suln for (a) taxes and special assessments levied or to be: levied against file Property, (b) leasehold paylnents or ground rents on the Property, and (C) premiums tbr inst rance required under paragraph 4. In any year. in which rise Lender nmst pay a mortgage insurance premimn to the Secretary of Housing and Urban Development ("Secretary"), or iu any year in which such premimn would have been required if Lender still held thc Security Instrument, each luonthly payment shall also include either: ti) a stun for the ammal mortgage insurance prenfium to be paid by Leudcr to the Secretary, or (ii) a lnontlrly charge instead of'a'm0rtgage insurance prenfimn if fids Security Instrument is held by the Secretary, in a reasosmble amount to be determi~ed by the Secretary. Except for the nronthly charge by rite Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender nmy, at any time, collect md hold amonnts Ibr Escrow hems in an aggregate amount not to exceed the nmximum amount that may be requ reel for Borrower's escrow account under file Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulatious, 24 CFR Part 3500, as they may be amended from time to time ("RESPA'), except that the cushion or reserve permitted by IOESPA for unanticipated disbursements or disbursements bef3re the Borrower's paylnents are awfilable in dsc acconnt nmy uot be based on amounts due l~br the mortgage inst, r~luce premium. (~4R{WY) {9604).01 Pag, 2 of 8 initiata:~ g ~" If the amounts held by Lende- for Escrow Items exceed file amoums permitted to be held by RESPA, Lender shall account to Borrower for file excess funds as required by RESPA. If thc anlounts of funds held by Lender at any time are not sufficient to pay file E'gcrow Items when due, Lender ]nay notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged ~s additional security for all sums secured by this Security Instrmnent. If Borrower tenders [o Lender file full pa~zment of all such sums, Borrower's account shall be credited with the balance rennlining for all instalhnent items (a), (b), and (c) and any mortgage insurance premium instalhnent that Lender has ]mt become obligated to pay to file Secretary, and Lender shall proruptly refund ally excess funds to Borrower. hmnediately prior to a foreclosure sal: of file Property or its acquisition by Lender, Borrower's account shall be credited with any balance renmining foi 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 prenfium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mcrtgage insurance prenfium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance prenfiuTns, as required; Third, to interest due under the Note; Fourfil, 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, whether now in existence or subsequently erScted, against any hazards, casualties, and contingencies, including fire, lbr which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insme all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to tl;:e extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The iusurance poficies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shail give Lender immediate notice by mail. Lender ]nay lnake proof of loss if not lnade promptly by Borrower. Each insurance company concerned is hereby authorized and directed to nmke payment for such loss directly to Lender, i'nstcad of to Borrower and to Lender jointly. All or ally part of the insurance proceeds lnay be applied by Lender, at. its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to an:/delinquent amounts applied in the order iu paragraph 3, and they to prepayment of principal, or (b) to the restoration or repair of tile danmged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of tile monthly payments which are referred to in paragraph 2, or change the amount of such paymen:s. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness uuder the Note and this Se.curity Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrmnent or other transfer of title to the Property that extinguishes the indebtedness, all right, title arid interest of Bon'ower in and to insurance policies in force shall pass to the purchaser. ' , 5. Occupancy, Preservation,' Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occu[~y, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Frop~rty as Borrower's principal rt:sidence for at least one year alter the date of occupancy, mfless Lender deterinin;;s fl~at requirement will cause undue hardslfip for Borrower, or mfless extenuating circumstances exist which are beyo~'.id Borrower's control. Borrower shall notify Lender of any extenoating circmnstances. Borrower shall not conmfit waste or destroy, danmge or substantially change the Property or allow the Property to deteriorate, reasonable wea? and tear excepted, lLender nmy inspect the Property if file Property is vacant or abandoned or file loan is in default. Lender may take reasonable action to protect and preserve such vacant or I~4RIWY) 196o4).o~ -..541 abandoned Property. Borrower shall also be in default if Borrower, dm'lug file loan application process, gave materially false or inaccurate intb:-mation or statements to Lender (or tidied to provide Lender with any material information) in com~ection with the loau evidenced by the Note, including, but not limited to, representations concenfing Borrower's occupancy., of the Property as a priucipal residence. If fids Security lnstrmnent is on a leasehold, Borrower shall comply ,'vithlthe provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be ~;aerged mfless Lender agrees to the merger in writing. 6. Condemnation. The proce.~ds of any award or claim for damages, direct or consequential, in com~ection with any condemnation or other taking' of .any part of the Property, or for conveyance in place of condem~ation, are hereby assigned and shall be paid ~o L~}nder to rte extent of the full amount of die indebtedness that remains unpaid under the Note and this Security Iastrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then tO prepayment of. principal. Any application of fl~e proceeds to the principal shall not extend or postpone the due date of the monffly Fay~nents, which are referred to in paragraph 2, or change fl~e amount of such payments. Any excess proceeds over an amouut required to pay all outstanding indebtedness nnder the Note and this Security h~strument shall be paid to the entity legally entitled thereto. 7; Charges to Borrower a:.~d Protection ot' Lender's Rights in the Property. Borrower shall pay all govermnental or municipal cbarges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly i.o the entity which is owed the payment. If l'ailure to pay would adversely aflbct Lender's interest in the Property, npon Lender's request Borrower shall promptly fnnfish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained inl this Security Instrmnent, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, fur condenmation or to entbrce laws or regulations), then Lender may do and pay whatever is necessary to protect file value of'the Property and Lender's rights iu the Property, including pa~,ment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lander under this paragraph shall become all additional debt of Borrower aud be secured 'by this Security htstrument'. These amonnts sball bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall b,~ immediately due and payable. Borrower shall promptly discimrge any lien wlfich has priority over fids Security Instrument unless Borrower: (a) agrees in writing to the payment ,)f the obligation secured by file lien in a maturer acceptable to Lender; (b) contests in good t:aith the lien by,, or defends against enforcement of the lien in, legal proceedings wlfich in the Lender's opi~fion operate to prevent d~e enforcemeut of the lien; or (c) secures from the holder of the lien an agreetnent satisthctory to Lender sr'bordi]mting the lien to this Security h~stmment. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Secm'ity Instrumeut, Lender may give Borrower a notice identifying the lien. Bom wet shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8'. Fees. Lender may collect fees aud charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, exc?pt as limited by regulations issued by the Secretary., in the case of payment defaults, require immediate pa?nent in full of all sums secm-ed by this Security instrmnent if: (i) Borrower defaults 1;:y failing to pay in full any monthly paylnent required by fids Security Instrument prior to or on the due date ~f fire next monthly payment, or (ii) Borrower defaults ay fdiliug, tbr a period of thirty days, to perform any oilier obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Leuder shall, if permitted by applicable law (i~{cluding Section 341(d) of the Gain-St. Germain Depository htstitutim~s Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require innnediate payment in full of all sums secured by this Security Instrument if: (~(~4R(WY) (96o4),o~ Page 4 ot 8 (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 (oilier thau by devise or descent), and (ii) The Property 'is n6t occupied by the purchaser or graotee as lfis or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has uot beeu approved in accordance with the red'uirements of the Secretary. (c) No Waiver. If circumstar:ces occur that would pernfit Lender to require immediate paymeut in full, but Lender does not require such payments, Lender does not waive its rights with respect to snbsequent events. (d) Regulations of I~UD .Secretary. In many circumstances regulations issued by fl~e Secretary will limit Lender's rights, in the case c~f payment defaults, to require immediate payment in full and foreclose if not paid. This Security Ifistrumer'~t does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. E, orrower agrees that if this Security Instrument and file Note are not deternfiued to be eligible for insurauce trader the National Housing Act withiu 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all SUlUS secured by. tiffs Security Instrument. A written statement of any authorized agent of the Secretary dated subseqt,ent to 60 days t¥Oln the date hereof, decli~fing to insure tiffs Security Iustntment and the Note, shall be deemed conclusive proof of snch ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is: solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrowe:' h'as a right to be reinstated if Lender has required immediate payment in lull because of Borrower's failure to p.:y an amount due under file Note or this Security Instrument. This right applies even after foreclosure proceedings are institoted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to file-extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reaso~4ble aod customary attorneys' fees and expenses properly associated with the forecl~)sure proceeding. Upon reinstatement by Bon'ower, this Security Iustnm~eut and fire obligations fllat it secures shall remaiu in effect as if Lender had not required immediate payment in lull. However, Leuder is not requirer to permit reinstatemeut if: (i) Lender has accepted reinstatement after the connnencement of/breclosure.proceedings within two years inunediately preceding the conmleucement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on differeut grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Sect, rity Instnm~ent. 11. Borrower Not Released;. Forbearance By. Lender Not a Waiver. Extension of file time of payment or modification of amortization of the sums secured by tiffs Security Instnm~ent granted by Lender to any successor in interest of Borrower shall not opeC'ate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commeuce proceedings against any successor irt interest or refuse to extend time for payment or otherwise modify amortizat.ion of the sums secured by this Security InsU'ument by reason of any demand nmde by the original Borrower or Bo~-rower's successors in interest. Any forbearauce by Lender in exercising any right or remedy shall not be a waiYer of Or preclude file exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers.' The covex~ants and agreements of this Security Instrument shall bind and benefit the successors and assigus of Lender and Borrower, subject to the provisions of paragraph 9(b). Borzower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute fl~e Note: (a) is co-sigoing this Security Instrument only to mortgage, grant and convey that B)rrower's interest in file Property under thc terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by tiffs Security lustrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or nmke any accounnodations with regard to file terlns of this Security Instrument or the Note witl~o~:tt that Borrower's consent. (~)~4R(Wy) Page 6 of B Initials: · . ....... 543 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class nutil unless' applicable law requires use of another method. The notice shall be directed co the Property Address or any oilier address Borrower designates by notice to Lender. Ally notice to Lender shall be given by 'first class nmil to Lender's }3ddress stated herein or any address Lender designates by notice to Borrower. Any notice provided tbr in this Securky lnstnnnent shall be deemed to have been given to Borrower or Lender when given as provided in fltis paragraph. 14. Governing Law; Severabili~y. This Security Instrument shall be governed by Federal law and file law of thel jurisdiction in which the Property '~s located. In file event that any provision or clause of this Security Instnmtent or the Note conflicts wifl~ applicable law, such conflict shall not affect oilier provisions of this Security lnstrnment or fl~e Note which can be given effect without the conflicting prowsion. To this end the provisions of this Security Instrument and file Note are declared t6 be severable. 15. Borrower's Copy. Borrower shall be given one cont'ormed copy of the Note and of this Security Instrument. 16. Hazardous Snbstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on o'r 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 to the presence, use, or storage on the Property of snudl quantities of Hazardous Substances that are generally recognized to be appropriate to norn~al residential uses and to mainte~n,nce of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govennnental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govermnental or regulatory authority, that any re,mo~al or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall pronrptl3~ take all necessary remedial actions in accord ante with Environmental Law. As used in fids paragraph 1.~, '.'Hazardous Substances" are fllose substances defined as toxic or hazardous substances by Enviro~mlental Law and the tbllowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, tnaterials contaimng asbestos or formaldehyde, and radioactive materials. As usec in this paragraph 16, "Environmental Law" means federal laws arid laws of the jurisdiction where the Property is lfica~ed that relate to health, safety or enviromnental protection. NON-UNIFORM COVENANTS. i]orrower and Lender further covenant and agree as tbllows: 17. Assignment of Rents. Bc, rrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pa:, the rents to Lender or Lender's agents. However, prior co Lender's notice to Borrower of Borrower's breach of an).' covenant or agreement in fire Security lnsmnnent, Borrower shall collect and receive all rents and reve~mes of fl:e 1-'roperty as trustee for file benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignmer t and not an assignment for additio,lal security o~dy. If Lender gives notice of breach'to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender o~fly, to be applied to rite sums secured by the Security Inst~ament; (b) Lender shall be entitled to collect and receive all of tlie rents of the Property; and (c) each telmnt of the Property shall pay all rents due and unpaid to Lender or Lender's itgent on Lender's written demand to file tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act tht, t would prevent Lender t'rom 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 nmy do so at any time there is a breach. Any application of rents shall not curt: or waive any default or invalidate any other right or remedy of Lender. This assigmnent of rents of the Property shall terminate when the debt secured by the Security lnstntment is paid in full. Page 6 of I$ Initials: 18. Foreclosure Procedure. 1t' Lemler requires immediate payment in full u,der paragraph 9, Lemler may invoke the power of sale and any ~ther remedies permitled by applicable law. Lender shall be entiIled to all expenses incurred in pursuing, the remedies provided in lhis paragraph 18, iucluding, but not limited to, reasonable attorneys' fees and costs of title evideuce. If Lemler invokes the power of ~mle, Lender shall give notice of iuteut Io foreclose to Borrower Ired m the person in possession of the Property, if different, iu accordance with applicable law. Lender shall give notice of tbe sale to Borrower in the mauner provided in paragraph 13. Lender shall publish the notice of sale, and Property shall be sold in the marme.r prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The procee~J.s of the sale shall be applied iu lhe following order: (a) ~o all expenses of the sale, including, but not limited to, reasonable altorneys' fees; (b) to all sums secured by this Security Instrmnent; and (c) any excess to the:person or persons legally eutitled to it. If the Lender's iuterest in this,Security Iustrumeut is held by the Secretary aud the Secretary requires imlnediate payment in fnll under Paragraph 9, the Secretary may invoke tbe nonjudicial power of sale provided in the Siugle Family Mortg;)ge Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requestiug a foreclosure commissioner d~ignated under the Act to conunence foreclosure and to sell the Property as provided iu tbe Act. Nothing in the precediug sentence shall deprive the Secretary of any rigbts otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon pay~nent of all sums secured by this Security lustrument, Lender shall release this Security InstrUment without charge to Borrower. Borrower shall pay any recordattou costs. 20. Waivers. Borrower waives ail rights of hmnestead exeinption in the Property and relinquishes all rights of curtesy and dower in the Prope['ty. 21. Riders to this Security lustrument. If one or more riders are executed by Borrower and recorded togefl~er with this SecUrity Instrument, the covenants of each such rider shall be incorporated into aud shall ameud and supplement the covenants and agreements of tiffs Security lnstnm~ent as il: the rider(s) were a part of fifis Sectrrity Insr r~nent. [Check applicable box(es)]. ~J Condomi~fium Rider ' [~ Growing Equity Rider [~ Other [specifyl [---] Plamled Unit Development Rider [--~ Graduated Payment Rider ~.RM RIDER (~4R(WY) ~9~o4).o~ Pag{ ? ol 8 taitials ~'~'~ BY SIGNING BELOW, Bon'ower accepts and agrees to fl~e terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded wifl'~ it. Witnesses: MICHAEL R CACHELIN -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower __ (Seal) (Seal) -Borrower -Borrower STATE OFWYOMING, hlNCOr. N The foregoing mstrun~en[ was acknowledged before me this ,..~JNE 3 0TH, by MICHAEL R CACHELIN 2004 County ss: (date) My Coinnlission Expires: COiJNI~ O[ ~. (person acknowledging) Notary Public (~)<~4R(WY) (96o4~.ol Page 8 ol~ 8