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HomeMy WebLinkAbout902072RECEIVED When Recorded Mail To: NETWORK FUNDING, L.P. 9700 I~CHMOND AVENUE, SUITE 320 HOUSTON, TEXAS 77042 9020-t2 [Space Above This Line For Recording Data] ItUNT MORTGAGE ~o~,, Number 17041554 Case Number 591-0957688-703 b) MIN 100056300170415546 THIS MORTGAGE ("Security Instrume~tt") is given on AUGUST 1 1, 2004. The mortgagor is MICIIAEL W. III)NT and GRETA K. HUNT, HUSBAND AND WIFE ("Borrower"). This Security Instrument is given to MOI;I.'FGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") (SOLELY AS NOMINEE FOR LENDER, AS HEREINAFTER DEFINED, AND LENDER'S SUCCESSORS AND ASSIGNS), AS BENEFICIARY. MERS IS ORGANIZED AND EXISTING UNDER THE LAWS OF DEI.AWAR. E, AND tlAS AN ADI)RESS AND TELEPHONE NUMBER OF POST OFFICE BOX 2026, FLINT, MICIIIGAN 48501-2026, TELEPtlONE (888)679-MERS. NETWORK FUNDING, L.P., a limited partnership organized and existing under the laws of TIlE STATE OF TEXAS, and whose address is 9700 RICHMOND AVENUE, SUITE 320, ttOUSTON, TEXAS 77042 ("Lender"). Borrower owes Lender the principal sum of SlX'FY-TWO THOUSAND THREE IiUNDRED SEVENTY-ONE AND 00/100ths Dollars (U.S.$62,371.00)i This debt is evidencedby Borrower's note dated the same date as this Security lnstrmnent ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 1, 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 the Note; (b) the payment of all other sums, with interest, advanced under Paragraph 7 to protect Ihc sccm'ity of this Secnrity Instrument; and (c) lite performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in LINCOLN County, Wyoming: LOTS 9, 12 AND 13 OF BLOCK 5 OF THE TOWN OF OPAL, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. which has the address of 161 BIG HORN STREET , OPAL , [Street] {City] Wyoming 83124 .("Property Address"); [Zip Codel 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and l.ender's successors and assigns) bas the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not linfiled to, releasing and canceling this Security Instrument. GV2144-1 Page 1 of 6 FHA Wyoming Mortgage · BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the righ~ lo mortgage, grant and convey the Property and that the Property is uuencumbcred, except Ibr encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject [o auy encumbrauces of record. THIS SECURITY INSTRUMENT combines uniform covenants for nafiounl use and non-unilbrm covenauts with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM OOVENANTS. Borrower and ~nder covenant and agree as lbllows: 1. Pa~men~ of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and in*crest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthl~ Payment of Taxes, Insurnnee, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sma lbr (a)taxes and special assessments levied or to be levied against th~ Property, (b) leasehokl payments or ground rents on lhe Property, and (c) premiums for insurance 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 iu any year iu which such premimn wotdd have been required if Lender still held the Security lnstrumenl, each monthly payment shall also include either: (i) a sma for the ammal mortgage insurance premimn to be paid by Lender to thc Secretory, or (ii) a monthly charge instead of a mortgage insurance preen;mn if this Security Instrument is held by the Secretary, in n reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow l~ems" and fl~e sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow llems in an aggregate amounl not to exceed Ihe maximum amount that may be required for Borrower's escrow accouni under the Real Estate Setllemont Procedures Act of 1974, 12 U.S.C. ~ 2601 et seq. and implementing regulations, 24 CFR Parl 3500, as they may be amended from time time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage iusurance premium. If fi~e mnounts held by Lender for Escrow Items exceed the amounts permitted [o be held by RESPA, Leuder shall account to Borrower for the excess ~nds as required by RESPA. If fi~c amounts of ~nds held by Lender at any time not sufficient to pay the Escrow Items when due, ~nder may notify the Borrower and require Borrower to make up the shortage as permitted by ~SPA. The Escrow Funds are pledged as additional security for all SUnlS secured by this Securi~ Instrument. If Borrower tenders to ~nder the ~11 payment of all such sums, Borrower's account shall be credited with the balance remaining all installment items (a), (b), and (c) and any mortgage insurauce premium installmenf that Lender has not hecome obligated to pay to the Secretary, and Lender shall pro~nptly re,nd any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by I~nder, Borrower's account shall be credited wifl~ any balnnce re~naining for all installments for items (a), (b), and (c). 3. App~eation of Pay~nents. All payments under Paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or lo the monthly charge by 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 nnder 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 Insurauee. Borrower shall insure nil improve~nents ou the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, inclnding fire, lbr which Lender requires insurance. This insurance shall' be maintained in the amounls and lbr the periods that Lender requires. Borrower shall also insure all improvements on the ProperS, whether now in exislence or subsequently erecled, against loss by floods to the extent required by the Secretary. All insurance shall be carried with cmnpanies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in form acceptable to, ~nder. GV2144-2 Page 2 of 6 FHA Wyoming Mortgage In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment fi)r such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, anti then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance 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. In the event of foreclosure of this Security Instrument or other trausfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection o1' the Property; Borrower's Loan Applicatim~; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days t~l' a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence lbr at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Bt)rrower, or mfless extenuating circumstauces exist which are beyond Borrower's control. Borrower shall notify Lender of auy extenuating circmnstances. Borrower shall not comnrit waste or destroy, damage or substantially change the Prop~zrty or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Prop~_'rty is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the 16an application process, gave materially false or inaccurate inlbrmation 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 concerning Borrower's occul)ancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisious of the lease. If Borrower acquires fee title to the Property, the leasehold 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 with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of tile indebtedness that remains unpaid under the Note and this Security lnstrmnent. Lender shall apply such proceeds to Iht: 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 the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under thc 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 governmental or municipal charges, fines and i~npositions that are not included in Paragraph 2. Borrower shall pay these 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 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 in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, I'or condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property anti Lender's rights iu the Property, including payment of taxes, hazard insurance and other items mcutioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, 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: (a) agrees in writing to the payment of the obligation secured by the lien in a mam~cr acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal p~'oceedings which in the l~ender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower 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 and charges authorized by the Secretary. GV2144~3 Page 3.of 6 FIIA Wyoming Mortgage 9. Grounds for Acceleratiou of Debt. "-v(~, ~)~. ,..~ () (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in ~11 of all sums secured by this Security lustrument if: (i) Borrower defaults by failing to pay in ~11 any monthly payment required by this Security Instrument 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 perl~rm any other obligations contained in ibis Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of Garn-St Germain Depository Institutions Act of 1982, !2 U.S.C. 1701j-3(d)) and with the prior approval of thc Secretary, require immediate payment in ~11 of all sums secm'cd by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a Irt~st owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), 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 ~nder to require immediate payment iu dali, but Leader does not require such payments, ~nder does not waive its rights wifl~ respect to subsequent events. (d) Regulations of H~ Secretary. In many circumstances rcgulatious issued by the Secretary will limit Leuder's rights, in the case of payment defaults, to require immediate paymeut in ~11 and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulatious of the Secretary. (e) Mmagage Not Insured. Borrower agrees that if this Secm'ity h~strnment aud the Note are not determined to be eligible for insurance under the National Housing Act withiu 60 days from the date hereof, Lender may, at its option, require immediate payment in MI1 of all sums secured by tiffs Security Instrument. A written statemeut of any authorized agent of the Secretary dated snbsequent to 60 days fi'om the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender whc~ thc unavailability of insurance is solely tine to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in hill becanse of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies eveu after foreclosure proceedings are instituted. To reinstate the Security Instruu~cnt, Borrower shall teudcr iu a hunp sum all amounts required to bring Borrower's account current including, to thc extent they are obligations of Borrower under this Security Instrument, t~reclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security lnstrulnent and the obligations that it secures shall remain in eftbct as if ~nder had not required immediate payment iu l~dl. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of ~breclosure proceediugs within two years immediately preceding the commencement of a current foreclosure proceeding, (ii)reiustatemeut will preclude foreclosure on dift~rent grounds in the ~ture, or (iii) reinstatement will adversely aftbct 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 or modification of amortization of the sums secured by this Security h~strument granted by Lender to any successor iu interest of Borrower shall not Operate to release the liabili~ of the origi~al Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings agaiust any successor in interest or refuse to exteud time for payment or otherwise modi~ 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 l~)rbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bmmd; Joint and Several Liabi~ty; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the t)rovisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint aud 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 Leander and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. GV2144-4 Page 4 of 6 FHA Wyoming Mortgage 13. Notices. Any notice to Borrower provided for in this Secu, ity lnstrunmnt shall be given by delivering it or by mailing it by first class mail urdess applicable law requires use of auothcr 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 Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrmnent shall be deemed to have been given to Borrower or Lender when giveu as provided in this paragraph. 14. 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 provisiou or clause of this Security Instrumeut 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. 15. Borrower's Copy. Borrower shall be given oue conformed copy of the Note and of this Secnrity Instrument. 16. Hazardous Substances. Borrower shall not cause or permit tile p,'csence, use, disp~)sal, storage, or release 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 Enviromnental Law. The preceding two seutences shall not apply to tile presence, use, or storage on the Property of small quantities of Hazardous Substances Ihat are generally recognized to be appropriate to nornral residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govermnentat 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 governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is 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 hazardons snbstances by Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic 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 of the'jurisdiction where the Prope,-ty is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfi:rs 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 di,'ects each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assigmnent of rents constitutes an absolute assigmnent and not an assigmnent for additional security only. 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 the sums secured by the Secnrity Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of tile 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 would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain tile 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. This assignment of rents of the Property shall terminate when the debt secured by the Security lnstrunlent is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment i,~ full under Paragraph 9, Lender may foreclose this Security Instrument either by advertisement and sale of the Property as provided by statute (the power of sale provided for by statute being hereby expressly granted to Lender by Borrower) or by an action in equity, and may invoke any other rmnedies permitted by applicable law. Lender shall be entitled to collect all expenses incm'red 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 its intent to foreclose to Borrower in the manner provided in Paragraph 13. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase tile Property at any sale. GV2144-5 Page 5 of 6 FIIA Wyoming Mortgage The proceeds of the sale shall be applied in the following order: (a) Io 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 lhe 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 paymeut in ~11 under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 e~ ~.) by requesting a tbreclosure commissioner designated under the Act to commence foreclosure and to sell the Prope~y as provided iu the Act. Nothing in lhe preceding sentence shall deprive the Secretary of any rights otherwise available 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 Security Instrument to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a t~e lbr releasing Security Instrument, but only if the the is paid to a third party lbr services rendered and the charging of the fee is permitted uuder applicable law. 20. Waivers. Borrower hereby releases and waives all rights in the Property under and by virlue of the homestead exemption laws of the State of Wyoming and hereby relinquishes all rights of curtesy and dower in the Property. 21. ~ders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of lifts Security Instrument. [Check applicable box(es)] ~ Condominium Rider ~ Growing Equity Rider ~ Pla~ed Unit Development Rider ~ Graduated Payment Rider ~ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnstrun'lent and iu any rider(s) executed by Borrower and recorded with it. Witnesses: MICHAEL W. H~T -Bm rower .(Seal) (Seal) -Borrower _(Seal) STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged day of Witness my hand and official seal. before me by -BOffoWef MICHAEl. W. ItUNT aud GRETA K. HUNT, this GV2144-6 Page 6 of 6 FIIA Wyoming Mortgage