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HomeMy WebLinkAbout912678 ~~~~I~. ;,' " :'\ ~:~j ~Ò,~~~¡~" ~ ¡ '¡',¡,1¡;. ,,_ C' ',' ::t;, ~,', :)',~ X':~:'f~:!-':.iL:~'t;8:;:: ·".c-::'::>" . '..,~. '.'.' t!o~,~,~,:o' , , ..,';' "1'-::,s;'::!'¿cÓ-t,~~c ;:..: ,~~.!"~:-::'!, 'i:-":,-. '0/ '1 . ;,+.~-"c..¿,~" i :¡:'·'l<t'~·\":'i:'~;;::::' ::.'o-'S~::';...:': ,,"!..', 50891 (01) ¡:onS11) - v Jt:- &(J) Return To: CHASE HOME FINANCE,LLC. 1040 OLIVER ROAD MONROE, LA 71201 ATTENTION: CUSTODY SERVICES Prepared By: [Space Above Tins Line For Recording Data] MORTGAGE 33300051 1333000514 7 ! '-' ,r \ (.J RECEIVED 10/12/2005 at 10:33 AM RECEIVING # 912678 BOOK: 600 PAGE: 812 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. U-;i·1 (A) "Security Instrument" means tins document, which is dated together Witll all Riders to this document. (B) "Borrower" is KELLY M RANDALL THOMAS, JERRY H THOMAS, HUSBAND & WIFE October 4, 2005 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is JPMORGAN CHASE BANK, N.A. Lender is a BANK organized and existing under tile laws of THE U. S . A . WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT G -6(WY) 10005) t¡rf¿ @ Page 1 of 15 Initials: VMP MORTGAGE FORMS - 1800)521-7 1 . Form 3051 1/01 11111111111111111111111111111111111 ;': ': ¡~,:'~'I~f:J~;'I:, :o,~,::: <!;':å:''':'Ò~':J:,< , ','':::"'11' 0; ':: ';?;;"~'~.. ,'j"¡:"_:..!';h~;' -.'.~ ;';'-0, ' , " ' ..o_.~';',",.,',' ,);:('.''('1 ">. r ~~ S" 'C J 2,.,,,,,, 'iù ~ ,,'~; 0 f"\ 8 ., 3 ',.,: U I 1111 POLARIS PARKWAY COLUMBUS OH 43240 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 4 I 2005 The Note states that Borrower owes Lender One Hundred Sixty-Four Thousandl and 00/100 Dollars (U .S. $ 1641 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 11 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Lender's address is D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider . D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such ternl includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) dalnage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1\'1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in tIns Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. G -6(WY) 100051 @ Page 2 of 1 5 Form 3051 1/01 l:~:l~~~mf!i¡m~;, "·;;':O;;;¡;I;r;r.r,1~ f,.,.,...'.fl.I.I,I;'. ~. ' ':' :::::;::::::::::: . ~<,'~I~.~6!~~":':;·'~I·, ,~ ~"', ,-~,.' ,~, "> !('~':;8 ~. ~~ ,':J ~."<~' t], " '008;[4 (P) "Successor in Interest of Borrower" means any party that has taken title to tlle Property, whether or not that party has assumed Borrower's obligations under the Note and/or tIús Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of tlle Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For tlús purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] See Attached Legal Description Parcel ID Number: 31191020003200 195 FAIRVIEW S FAIRVIEW ("Property Address "): COUNTY RD 140 [City] , Wyoming which currently has tile address of [ Street] [Zip Code] 83119 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of tile property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in tIús Security Instrument as the "Property." BORROWER COVENANTS tIlat Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey tile Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, tile debt evidenced by the Note and any prepayment charges,and late charges due under tile Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or otIler instrument received by Lender as payment under tile Note or tIús Q -6(WY) (00051 @ Page 3 of 15 Form 3051 1/01 ., '::·': ':!~·':¡:i!lTr:!¡:; .;:J':i:i:,¡.r":';''''''''.,:':;.(~¿:' .'__ I" :' _':'::~~":'\'! '~~":":';':f:,~ ,·;:>..;.·.x-.:;;:,:..:o.,;'...·!..· , ~"!"";8 !' . !"h.' ¡ 't~.~.,~ '-L ;J 008~_ 5 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and tins Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring tile Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so witI1Ïn a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to tile outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by tins Security Instrument. 2. Application of Payments or Proceeds. Except as otIlerwise described in tins Section 2, all payments accepted and applied by Lender shall be applied in tile following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in tile order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and tIlen to reduce the principal balance of tile Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to tile delinquent payment and tile late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to tile extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in tile Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on tile day Periodic Payments are due under tile Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and otIler items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of tile payment of Mortgage Insurance premiums in accordance WitII tile provisions of Section 10. These items are called "Escrow Items." At origination or at any time during tile terDl of the Loan, Lender may require that Commmnty Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under tI1Ïs Section. Borrower shall pay Lender tile Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts G -6(WY) 10005) @ Page 4 of 15 Form 3051 1/01 j.j11ili~jIji:: 'ummm~ß ,~, E~g;:¡~I·!:C.~ '!" :.,:,:,:,:,:,:O:.,T.,,,; _,_·~IJ_(,'-~~ :::"':"';':_'" 'J. (1-, ,:-. ......'ç.:,...;S ~ ,.':j~l~,'U' 'nt'S" 6 ···0U ), due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in tillS Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufticient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the lnaximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on tile Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as detined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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 mamler acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the ~(èl Q -6(WY) 100051 @ Page 5 of 1 5 fn 3051 1/01 '¡'¡'!:I~Ò:;"~¡"" .. ~',_::'~,i:<.: . "''-.- ~~';,,~"'¡~.'.'L'C', . 'C:~',:'~¿'(-::;;' ~"-- , . ~ /", ';:; , .-' h·- , '-'!('" _8 ". ~".'. ". /'." '1'- .-;¡ II.~, ..-'~. .J:' r§ , 0 08.1_ 7 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property 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 any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with tIus Loan, eitIler: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur wluch reasonably nught affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection witII tile review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of tile coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in tile Property, or tile contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges tIlat the cost of tile insurance coverage so obtained might significantly exceed tile cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at tile Note rate from tile date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have tile right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In tile 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. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econonucally feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have tlle right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure tlle work has been completed to Lender's satisfaction, provided tllat such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as tile work is completed. Ulùess an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or eanungs on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with }ðhð2-c G -6(WY) (0005) <!> Page 6 of 15 Form 3051 1/01 mii~¡fm~~!~~~ . ;: ¡' ~ ':,;~ ,!;:;: ,;j I'::; ~~:::'~' .,.i:£,i!1"~r.::_,_ "'"::';:"~;:';:'£.~J'~::;!c> :..:;'_~ ,:::..ê.:,L-:::;: .'0: >"-'-__L"" " " ;¡,:"'::j~~i!t ~,¡~,~,: -c" ;~.', ',; ..' ,r> -'. 8 '"hi \C,' " i,~ ~.,.~" r!}-~ " ,. j,j,~....,_¡~_..-. Wo...l. ,:008'~8 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In eiilier event, or if Lender acquires the Property under Section 22 or oilierwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any oilier of Borrower's rights (oilier than ilie right to any refund of unearned premiums paid by Borrower) under all insurance policies covering ilie Property, insofar as such rights are applicable to the coverage of the Property. Lender may use ilie insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or tlns Security Instrument, wheilier or not tllen due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of tins Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after tile date of occupancy, unless Lender oilierwise agrees in writing, which consent shall not be unreasonably witIlheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair tile Property, allow ilie Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in ilie Property, Borrower shall maintain ilie Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 tIlat repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in COll1lection wiili damage to, or ilie taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for ilie repairs and restoration in a single payment or in a series of progress payments as ilie work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore tile Property, Borrower is not relieved of Borrower's obligation for tile completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of ilie improvements on tlle Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or witIl Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in cOlmection witll the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of tlle Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) tIlere is a legal proceeding iliat pnght significantly affect Lender's interest in tile Property and/or rights under tins Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over tins Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned tile Property, tIlen Lender lllay do and pay for whatever is reasonable or appropriate to protect Lender's interest in ilie Property and rights under tI1is Security Instrument, including protecting and/or assessing tile value of tile Property, and securing and/or repairing tile Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over tI1is Security Instrument; (b) appearing in court; and (c) paying reasonable ~( G -6(WY) (0005) @ Page 7 of 15 1/01 , .' ,,'. ' ..'. '¡',',~t'i :,¡", '_ " ~;!~, , ' . , ..",',,'.' -' , ' <', '-,-'. '.'.'....' ,'.!!!':~:- 'ù;"-..'::.::.:.,r.:,;:·· .'..'.,;;'.".':-,",.:,..,.,;¡.,:',. " J "ff~r"j8 '-', 'C' . t,< ,/. ';rr (j \_J~::J ...:.-,.... ~¡ ,-. 0(\8" 9 '_ 'u ( attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not iimited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elinúnate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under tlús Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed tllat Lender incurs no liability for not taking any or all actions authorized under tlús Section 9. Any amounts disbursed by Lender under tlús Section 9 shall become additional debt of Borrower secured by tlús Security Instrument. These amounts shall bear interest at tlle Note rate from the date of disbursement and shall be payable, Witll such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply Witll all the provisions of tlle lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay tlle premiums required to lnaintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward tlle premiums for Mortgage Insurance, Borrower shall pay tlle premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender tlle amount of the separately designated payments tllat were due when tlle insurance coverage ceased to be in effect. Lender will accept, use and retain tllese payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwitllstanding the fact tllat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or eanúngs on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in tlle amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of lnaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance Witll any written agreement between Borrower and Lender providing for such termination or until ternúnation is required by Applicable Law. Notlúng in this Section 10 affects Borrower's obligation to pay interest at tlle rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mórtgage insurers evaluate tlleir total risk on all such insurance in force from time to time, and may enter into agreements Witll otller parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and tlle otller party (or parties) to tllese agreements. These agreements may require the mortgage insurer to make payments using any source of funds that tlle mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of tllese agreements, Lender, any purchaser of the Note, anotller insurer, any reinsurer, any otller entity, or any affiliate of any of tlle foregoing, may receive (directly or indirectly) amounts tllat derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of tlle insurer's risk in exchange for a share of the premiums paid to the insurer, tlle arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. G -6{WY) (0005) ® Page 8 of 1 5 Form 3051 1/01 '~:~mm~j;m}w ~BBæ ,,:'.,'~~.'.L'~','.'.', _ " ..,K"'¡"'·1Q :\ó.~~' ": .. '~'i' ð CJ ! F' -f \ '.'-~ ~...... '.I _~'~ ____=s ,~: 0 082 0 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for tile repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instl1lment, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. . In the event of a total taking, destruction, or loss in value of tile Property, the Miscellaneous Proceeds shall be applied to tile sums secured by tillS Security Instl1lment, whetIler or not then due, with the excess, if any, paid to Borrower. In tile event of a partial taking, destruction, or loss in value of the Property in which tile fair market value of the Property inllllediately before tile partial taking, destruction, or loss in value is equal to or greater tI1all the amount of the sums secured by tl1Ïs Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by tI1Ïs Security Instrument shall be reduced by the amount of tile Miscellaneous Proceeds multiplied by the following fraction: (a) tile total amount of tile sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of tile Property inllllediately before tile partial taking, destl1lction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destl1lction, or loss in value of tile Property in wl1Ïch the fair market value of the Property immediately before tile partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before tile partial taking, destruction, or loss in value, unless Borrower and Lender otllerwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whetIler or not tile sums are tIlen due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in tile next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender witl1Ïn 30 days after tile date tile notice is given, Lender is autllorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whetller or not then due. "Opposing Party" means the tI1Ïrd party tllat owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whetller civil or crinllnal, is begun tIlat, in Lender's judgment, could result in forfeiture of tile Property or otIler material impairment of Lender's interest in tile Property or rights under tI1Ïs Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing tile action or proceeding to be dislnissed with a ruling tIlat, in Lender's judgment, precludes forfeiture of tile Property or other lnaterial impairment of Lender's interest in the Property or rights under tI1Ïs Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. WnJ2 ( G -6(WY) 10005) @ Initials: ~ Form 3051 1/01 Page g of 1 5 . hoC.·"8· ~.. 'r"-' ,': . -":. ·.l . .'.... "~ ,\ ',,-1:_ '\o..L. ..!J"-'- .~. 00821 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co "signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-sigmng this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tlns Security Instrument; (b) is not personally obligated to pay tlle sums secured by tlns Security Instrument; and (c) agrees tllat Lender and any otller Borrower can agree to extend, modify, forbear or make any accommodations Witll regard to the terms of tlns Security Instrument or tlle Note witllOut the co-signer's consent. Subject to tlle provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under tl1Ís Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under tl1Ís Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of tl1Ís Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under tl1Ís Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, tlle absence of express autllOrity in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on tlle charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If tlle Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so tllat the interest or other loan charges collected or to be collected in connection Witll the Loan exceed tlle penmtted lÜmts, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernntted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, tlle reduction will be treated as a partial prepayment witllout any prepayment charge (whetller or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower nnght have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection Witll tl1Ís Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by otller means. Notice to anyone Borrower shall constitute notice to all Borrowers Ulùess Applicable Law expressly requires otllerwise. The notice address shall be tlle Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, tllen Borrower shall only report a change of address through tllat specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated anotller address by notice to Borrower. Any notice in connection Witll tl1Ís Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, tlle Applicable Law requirement will satisfy tlle corresponding requirement under tl1Ís Security Instrument. oIÓf7{è-r G -6(WY) 10005) ® Page 10 of 15 Form 3051 1/01 :J~j¡i~!j!¡:;~' r""""~ ~ ;~fi!~i:~::¡¡!:;;:=~i ".- ',·_~:~¡·;·i·:',·.· .'..JJ_!.o.!-!.;!.!.~~,~'... _ - \(, . ~<J>,. ~ ~"::"1 Ç,.¡ 'L,.t. .~l ~_ I·..., \-<. f{ c...:s '-' 0 0 8 .2 2 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event tllat any provision or clause of tl1Ïs Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or tlle Note which can be given effect witllOut the conflicting provision. As used in this Security Instrument: (a) words of tlle masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in tlle Property" means any legal or beneficial interest in the Property, including, but not limited to, tllose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, tlle intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of tlle Property or any Interest in tlle Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by tl1Ïs Security Instrument. However, tl1Ïs option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises tl1Ïs 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 given in accordance with Section 15 witl1Ïn which Borrower must pay all sums secured by this Security Imtrument. If Borrower fails to pay these sums prior to tlle expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Bortower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have tlle right to have enforcement of tl1Ïs Security Instrument discontinued at any time prior to tlle earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in tl1Ïs Security Instrument; (b) such other period as Applicable Law might specify for tlle tern1Ïnation of Borrower's right to reinstate; or (c) entry of a judgment enforcing tl1Ïs Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums wl1Ïch tllen would be due under this Security Instrument and tlle Note as if no acceleration had occurred; (b) cures any default of any otller covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in tlle Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under tl1Ïs Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of tlle following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tl1Ïs right to reinstate shall not apply in tlle case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") tllat collects Periodic Payments due under tlle Note and this Security Instrument and performs otller mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of tlle Loan Servicer unrelated to a sale of the Note. If there is a change of tlle Loan Servicer, Borrower will be given written notice of the change which will state tlle name and address of the new Loan Servicer, tlle address to which payments should be made and any other information RESPA G -6(WY) 10005) @ Page 1 1 of 15 Form 3051 1/01 "'-·:.~;~¡';·Ir· W .,. ."::'1..~?,,"':'¡~~~';~e:'!.r¡,:':~ ~....'':'';._. _'.,.~o.!t~!.o:..:j~~; ", ",.,::",,\~,,"~,-~~,--,.:..~. ."I,·,)~:;;~"".1!L"_:::;;':'~::','" ":'~.">. ",i.."..' :, ',' :'~. - '-. (- ... ., 1."~'¿~8· ,~l.'i,"~,,~'~·" '''~::-t ~ ,f' - (\8")3 '.: 0 U l" requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the "other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental 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; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in EnvirOlllilental Law; and (d) an "Environnlental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) wlúch, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nornlal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, denland, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environnlental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accord,ance with Enviromnental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. #ìfL r cD -6(WY) 10005) ® Initials: Form 3051 1/01 Page 12 of 1 5 !J~~~~~~mj¡ "'~:mm~m¡¡¡rm , ~ ;, J::: ¡;,;, . I; , ,'I" 't',' ,~, ~j;;,:.:,. i :..s.::iL· , ;·.·,:,·'::,::';i,j!:;_:.,:'-'-::,,:',',,:::.S';-~:,·"' "¡'c'."!",,,;; . .. ....··~·¡·8-· '--~~I-, ,-, ,r;. [1\',.... - ,,' ! J',...'...' ' ,....; '.'.....l: ' ,_.if ,__'.- - ". ns ")4 1 .! ~ ," .,~ t.,) \...,.1(,1 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument 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 non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. 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 the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to 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 the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. -Ifl1£i G -6(WY) (0005) @ Page 13 of 1 5 1/01 'i<i.;..:, ;;,_;1 i';\ ~' , , '¡ "".~"""",!¡'. :';""',' - ,-' , . r' ,..""~r- "C' ,.. '--']>-' .J, ,,' 'J~!::(~,I~""'~J. ,;( . 0' t1 8' ,~" r.: " J 'J. .-'", po, . "" '" v BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower G-6(WY) 10005) @ Page 14 of 15 Form 3051 1/01 ~~~i~m~mj~~;¡~¡¡~ , '~·~',':i:;,"::1":!!':'E~.t!.'~Sci~.:,,.·!;_·,-,~'-~,,;,·~·_,.;'t·.:~£~~"""'(":~t;U,' ,-\ ,,- ,C, ""!Ç" ,-'" Q '!1 :;:" __;.~ \JI a STATE OF WYOMING, :'::~~~:!m~~mm¡~ '~"'l,;·...!2'i'~·","'~·J)::"~'; ; " ,~--- '-, 'li _ '; ,';;!:~.i,,(~-!.....::.:::.-..,~'>,',t~.-':;:Û:;;C'''; ,'.-:;;:.:' ~i-611 by The foregoing instrument was acknowledged before me this October 4, 2005 KELL Y M RANDALL THOMAS, JERRY H THOMAS, HUSBAND & WIFE My Commission Expires: q-I ;j.--ö1 LAURIE COE - NOTARY PUBUC County of State of Teton Wyoming My CommIssIon ExpIres 9/12/2007 G -6(WY) 10005) @ 110'8'"6 tJ' .:' ~~.,' County ss: Nm.Ø~ Gc Page 15 of 15 ......----- Form 3051 1/01 ;f~~;I[lm~r} ',".:'1":,:,,-::': " .'.:t,',·i·.~,'.', , , ';"'" .,.' !;,.',:¡ '-, -,-. . .- ;~ .......'..... '~.' (0. ~'1, ~J '...,,-.-.-,. 'iJ 1'0 .- 008 "" ',: . / é Exhibit "A" Part of Section 10, T31N, Rl19W of the 6th P.M., Lincoln County, Wyoming, being more particularly described on attached Exhibit "A". This is a First Real Estate Mortgage recording concurrently with a Second Real Estate Mortgage in favor of JPMorgan Chase Bank, N.A., dated October 7, 2005, in the original amount of $12,500.00. r-'--.. 3¡m~ji!D .' ,,¡¡ ,;,·ItM.!.!..ejJmUMI!'d::~~:c;;:,:,:,:,::'~':;'L~h;t¿¡ii!IJlLL~.:: .'~ '';:.i': ',,\':, ':::'.;;:__'~'.!.L';:i..:.;,;-::'.. " ) ;'j'I\1,' :,' :,';": d~ ¡~i!;tlih Gi~Sm¡:¡: '~'.J!' ..., ,;é}·~2';J::a.·.:::;;_!j';i'I;;":,~:';~;'!'1;':; :¡r~: oJ;"· ; ,'_. ~:or;:;'·;':,~". ::fr':1:\i~;~~;f..·!!..~f!;··' ",' 1.":::": ,';,'" "~¡...~;:..;.~.~,;..,~" ...00828 -' ,C1S:~~::~'S':;;8 Ex III BIT ^ PArt of SectIon 10. TJIN RI19W of Iho 6th P.M., LIncoln COUnlY, Wyoming bolng moro psnJcularly d~crlbe.rl a.s foJlown: Parcel A: Beginning al a polnl 20 rod~ E.IIsr of rhe Nonhwest romor of !be SE'-' NW '" of saId Swlon 10 and running thence South 40 rods; Ihonco West9'Á rod.!¡ . thence North 40 {ods; IhCllco Ea.st 9 ~ rods to tho >oInt of beginning. '.'. Parcel B: BegInnIng It I point 37 rod.! West of tho Sou thus I corner of the SE'-'NW~ of sAid SectIon 10 and runnIng Ihenco WCSI 23 ro{h; . thence NOrth 38.26 rods; thence Ea.u 23 rods; Ihence Soulh 38.26 rods 10 the polnl of beginning. PArcel C: CommencIng at Iho polnl 37 rods WCSI of tho Northwl C{ mer of tho SE!.4 NVlIA of uld SectIon 10 and running thence South 41.74 rods; thenco WCSI 23 rods: thence Nonh 21.74 rods: thenco Eut 17 roda: thenco North 20 rods; thenco Eur 6 rods 10 thc pllco of beginning. Le.u IInd Except tho (ollowlng described tract: ,. Beginning at II polnl 37 rod. Wesl of the North4l.St corner of tho SE!ANW'A of said Secllon 10 Ind running rh~nce Soulh 20 rods; Ihenco WO$t 6 rods, more or 1m, 10 Ihe Ea.sl boundary line of tho Iracl pr~enlly owned by Richard N, Wcslover and Wilma H. Weslover, husband and wife; thenco North Ilong said Ea,st property IIno 20 rods, morc or less, 10 tho North bounduy of said SE'ÁNWIA: thenco East, IIlong uld Nonh boundary IIno, 6 rods, marc or Ius, to Iho f!Qlnt of bog Inning. P¡¡rccl D: Beglnnln, at I poInt whIch Is 20 rods Easl of the Northwest corner of Iho SE!A NW 'Á of saltJ Soctloo 10 and running Ihenco Soulh 20 róds; thenco East 6 rods; Ihence NOM 20 rocù, moro or 11:.15, 10 1110 Nonh boundary 1100 of uld SE ~ NW ~; thenco Wesl, along said North boundary line, 6 rods to tho polm of be(IMlng.