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HomeMy WebLinkAbout913150 1~ ...../ 'jr ~ A 1,j ;"< \ '\ \\)'305trnzm t tern .' :.':!.t;t;J:1;·;Io' ,j, ..,..!..,......!..,;....,'. .··.·,·¡ :h·.J·'.':-,,-;·t .....,..,..-...,.;".'..,.,'..._ C¡1 C00502 Mter Recording Return To: FIRST NATIONAL BANK WEST PO BOX 3110 ALPINE, WYCMING 83128 Loan Nùmber: 106586325 RECEIVED 10/26/2005 at 4:08 PM RECEIVING # 913150 BOOK: 602 PAGE: 502 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Une For Recording Data} MORTGAGE NUN: 100015700059801635 DEFINITIONS Words used in multiples~tions ofthis document are de.fined below and other words are defined in Sections 3; l:l~ 13, 18,20 and 21. Cértain mles'regaidingthe usage of words used in this document are also provided iIi Section ,16.:"; <' "j ¡ -: ¡ , , (A) ,,"Security Instrument" means this document, which isdated OCTOBER 21, 2005 withallRíders to.this document. (B)"; ''BolJ"o'~er''is'" BRIAN W' LITTLETON AND'ROSEMARIE LITTLETON," HUSBAND ,r:":: ." 'ANID;WLFE.'''' :: '" "", '" "'~. , ;. Borh5~èr is thê -mortgagor únder this < Security lrÌstrument. (C) ''MERS'' is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P. 0. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is FIRST NATIONAL BANK WEST Lender is a A NATIONAL BANKING ASSOCIATION and existing under the laws of WYCMING Lender's address is 100 GREYS RIVER ROAD, ALPINE, WYCMING 83128 organized (E) ''Note'' means the promissory note signed by Borrower and dated OCTOBER 21, 2005 The Note states that Borrower owes Lender S IX HUNDRED FORTY -TWO THOUSAND SEVEN HUNDRED ONE AND 88/100 Dollars (V.S, $ 642, 701. 88 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 202U . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) ''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 tlllS Security Instrument, plus interest. furrower Initials~ ~ Æ Wr'O\1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUM8\JT - MffiS Form 3051 1/01 Page 1 of 13 DocMagic~ 800-649-1362 www.docmagic.com *,;¡:::;~::::::::: w.:i::i~~1~ :i~:~l¡:f~;;;;~~m;} .' .'·I~'~;:I·;,:'J~¡~¡:'·¡"':J;·::"¡~~·:'.:.'. ':·~·~,~'~"--~,·V-"-,~~~,~.2:!~."..'" :,.r..,...'.,'...,~.¿;......;~,,,-,, .. .-','; ... ........J~.~ 1'::. ,~, . ... . .d..'::,'. V.',.H""""''¡':I;~::-''''';;:. '-', ·....'.~;>',-·.·;.i·'~~,·::.·.··,·....· '"'. '0- ··'.·,-',,~·I;~.m_',)"···'-··· ...... 'J; 1 í)..-C' '1'\, -'1.50 i'_,o...-c.;.(~~ C00503 (II) ''Riders'' means all Riders to this Security Instnmlent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider o Balloon Rider o 1-4 Family Rider o Condominimn Rider o Planned Unit Development Rider o Biweekly Payment Rider o Second Home Rider o Other(s) [specify] (I) "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 oplillons, (J) "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. (K) "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 tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) ''Escrow Items" means those items that are described in Section 3. (M) ''Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tlúrd party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of,. the Property; (ii) condemnation pr other taking of all or any part of the Property; (iii) conveÿance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the 'Property; c',', . (N) . "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Lòan. (0) "Periodic Payment" means the ,regularly scheduled amount due for (i) principal and interest under the Note¡ plus (ii) any aÌ110unts under Sectio~30f this Security Instrument. , (P)''RESPA'' means the Real.Est'ltÿ Settlement Procedures Act (12 nS.C,§2601 et seq.) and its implementing . regulation, Regulation X (24 C,F, It Part 3500), as they lllight be amended from time to time, or any additÍ6nal or· .~ successor legislation or regu1ationtllat governs the same subject matter, As used in this Security Instrument; "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage lo'ån" , even if the Loan does not qualify as a "federally related mortgage loan" under RESPA (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROÆRTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfornlance of Borrower's covenants and agreements under this Security Instrument and the Note, For tlllS 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 the COUNTY of [f~ of Recording Jurisdiction] SEE ATTACliJ:;D EXHIBIT "A" A.P.N, #: 12-3619-24-1-00-179.00 LINCOLN [Name of Recording Jurisdiction] Borrower Jniti~~ Æ VWOV1ING-Single Family-Fannie Mae/Freddie Mac UNIFœv1INSTRUMENT - MERS Form 3051 1J01 Page 2 of 13 DocMagic~ 800-649-1362 www.docmagic.com \\ý305J.mzm2tem :'\ :.1 I '. ~ ", '1'" ::':1.', '~.-> '; L '.'; .J-: I , , \\1'3051.mzm3. tern ....¡.~...,...;.;.¡.,"".,',',.,,'.', '···,·~::>!':':::r~·,:~- ," ¡.................;.....; >. ':,··..··,~,¡t··,"fI~~_,·;::;,:"':.,·,'=-"..~ .,."._:..:~ , . '~". "co'".". ':'-'-:',"--'- .',',.,.-.", ~~':C~ "'-,'-11 ,:~O ::..J!<J~"-&.JL,-, C00504 which currently has the address of 2801 STEWART TRAIL [Street] ETNA [City] 83118 [Zip Code] , Wyoming ("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 Instnunent. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds oilly legal title to the interests granted by Borrower in tlús Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has 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 limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is Imencumbered, 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 fornational use and non-unifoml covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, " , .. .-¡ UNIFQRM COVENANTS. Borrowerartd Lender covenant and agree as follows:, ",'" :'. 1. ',Payment of Principal, Interest, EscrowItems, Prepayment Charges,andLate Charges. Borrower shall: ,.; 'pay wheridue the principal of, and interest on,Jhe debt 'evidenced by the Note and any'prepayment charges:and,late' d: charges due tinder the Note. Borrower shall also pay funds for:EscrowJtel11s pursuant to Section 3. Paymentstlue . ' under the Note and this Security Instrument$halt be 'made in U.S. currency, However, if any check or other instrument received by Lender as paymentlmder,theNoteor this Security Instrument is returned to Lender unpaid;, , Lender may require that any or all subsequent pay,mentsdue' under the Note and this Security Instrument bemade,in;<, i," , " one or more of the following forms, asseleeted by Lender: (a) cash; 'Cb)money order; (c) certified check, bank check,L: 1\< treasurer's. check or cashier's check, provided ány such checkis drawn upon an institution whose deposits are insured . ... ' ..... . by a federal agency, instrumentality, or entity; orCd) 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 the 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 Imapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower, If not applied earlier, such funds will be applied to the 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 this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the 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 the order in which it became due. Any remaining amOlUlts shall be applied fIrst to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the 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 the delinquent payment and the late charge. If Borrower JnitialS~&.- Wr'O'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFœM INSTRUMS\JT - MERS Form 3051 1/01 Page 3 of 13 '"", DocMagic~ 800.649-1362 www.docmagic.com mmJ~mllim¡j,<~". ,", ·' \\y305l.rœm4,tan ~~;~ff¡¡illm[~¡: . ¡':·d.'Ó!a~i'··':'.; 'i::':"". .-'-__~.:¿...:.::: ''1", ',:.,' . .. ." "'¡"I&'.'~'~','.· "''''-',~:.-;''#!'<'::-h:U'_'-'.:'~.';.,,'''':'':-';:'''_' ... "-'--"." '.. ,,' .~', -,",' -"::':"'1;," , "" ;(.:\1 «7' 1 5 0 .~ _.~' ,--,,' _~.J '.¿J ¥.II ~" .: nn~o, 5 1........1 \) U 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 the extent that, each payment can be paid in full. To the extent that any excess exists after the payl11ent 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 the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due lUlder the Note shall not extend or postpone the due date, or change the amOlUlt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due lliIder the Note, until the Note is paid in full, a SunI (the "FlliIds") to provide for payment of anlOunts due for: (a) ta.xes and assessments and other 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) premilUlls for any and all insurance required by Lender lUlder Section 5; and (d) Mortgage Insurance premillills, if any, or any SllillS payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premilli11S in accordance v"ith the provisions of Section 10. These items are called "Escrow Items," At origination or at any time during the ternI of the Loan, Lender may require that Community 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 this Section. Borrower shall pay Lender the 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 amollilts 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 suéh time period as Lender may require. Borrower's obligation to make'such payments and to provide receipts ',. shall for alrpurposes be deemed to bea covenant and agreement contained ~n thisSecurityInstrument,asthephrasè ,; ,I, "",," . " "covenant and agreement" is used in Section 9,IfBorroweris obligated to pay Escrow Items directly, pursuant to', \ :!",",7;' t,i,.~[ " ", a waiver, and Borrower fails to pay the amount due for ahEscrQwltem,Lender may exercise its'rights under Section!!';':! ';:., ' 9 and pay such amoimland Borrower shall then' be obligated lÙ1.derSection 9 to repay to Lender any such amount. ,.J:' " Lender may revoke the waiver as to any or all EscrowItemsatânytime by a notice given' in accordance with Section 15 and, upon such revQcation,Borrower shall pay to Lender.allFunds, aÌ1d in such amounts; that are then rdluired: .:; i;. iI,' .,(. '. under this Section'3::,,: ,"';.,:"',, " ,I",;': '';.;''''\:' Lender may, at any time, collect and hold Funds in ân amount (a) sufficient to permit Lender to apply the Funds ".' h, at the time specified 'under RESP A, and (b) not to exceed the mmWllUmamount a lender call require lUlder 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 FlUIds 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 RESP A. Lender shall not charge Borrower for holding and applying the Funds, atmually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the 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 F lmds, Borrower and Lender can agree in writing, however, that interest shall be paid on the FlliIds. 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 defIned 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 RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 montWy payments, If there is a deficiency of Funds held in escrow, as defIned under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amOlUlt necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all SunIS secured by this Security Instrument, Lender shall promptly refund to Borrower any F1Ulds held by Lender. B:mower Initials:~ -/ ~ L WYav1ING-Single Family-Fannie Mae/Freddie Mac UNIFŒM INSTRUM8'JT - MERS DocMagic~ 800-649.1362 Form 3051 1/01 Page 4 of 13 www.cJocrnagc.com ,¡.. ,.1, '''\ ,¡ 'l' ,. ...' \;.,:. ~.;: : '_ h'~ .-1. r' ~ '-. \\)'3051.=5. tern ··'··',',~,~(i~)!j!'·.! ~I!i~¡~,·-:<,~>:·'ì~~~Jr.;.tly',_~,;>t;~SV":;Ç~l~:::··~c--'--~~::~I~,:~.!;.r.~.'::~'_';' ·,·.·.'·i',·" :'":-;,i·"'i·.~I!.ð.",~·.·1·4·1·' . . ':' ··,;w;'JJ';II.~.ctir;u.;.-¡-'::'''l,-,1,:~~T], '~,:"'!:,~,\~'!,\';:¡'í-j 'J"...-;' '~""~',;- '",' ",~~;:- ,"'; ;' .,'_ ·"'-';~;~"""'1ii;l:.l.";"i.:O! 'I, '¡':""~'.";:"'! .;.¡;,. .' ....j~I~.:. :!l'l:.' Ai "). ~ ,t--: 0 ''--f,-_. ~\,4.,¿LJ C00506 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or grolU1d rents on the Property, if any, and CommmlÍty 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 tllÍs Security Instnunent lU11ess Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfomlÍng 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 wllÍle those proceedings are pending, but only lmtil 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 detennines 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 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 ta.x verification and/or reporting service used by Lender in colU1ection 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 tenn "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 amolU1ts (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the tenn 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 cölU1ection with this Loan, either: (a) a one~ : ',L . time charge for flood zone determination, certification and, trackingsèrvices;'or(b) a one-time chargefor;flood zone;:. . . ,determination and certification services and.subsequent charges each time rénappings or similar changes occur which,,·") t' reasonably might affectsuchdetennillation or certification. BOrrÒwèr's~allalsobe responsible for' the .payment of, :',any fees imposed byJhe Federal Emergency Managenient Agency in c'orinection, with th~ review of any flood 'zOne ¡determination resulting from an objection by Borrower. ;', ".n,"··,:,,>:, ", :,,' ; '." ..:'.', :!,~;y;" , :i ,.-' If Bòûower fails to Inaintain anyöf the coverages describePabo:V~i;Lènder'mayobtain insurance coveraß~,'at ',. ~:¡ ., Lender' s-option and,Borrower'sexpense, Lender is lU1der rioobligatiòri topurchase:any particular type.or'amount· , ,of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, ,Borrower's . equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater' ,,; , or lesser coverage than was previously in effect. Borrower aclmowledges that the cost of the insurance coverage so' obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amolU1ts disbursed by Lender lU1der this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the 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 the 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 fonn 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 the event ofloss, 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 lU1derlying insurance was required by Lender, 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 insurance proceeds mltil 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 disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement '.' furrower rru.tia~ WYO'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MffiS Form 3051 1/01' Page 5 of 13 DocMagic~ 800-649-1362 www.docmagic.com ~;1~;:~I::~:I~::Ø~· ~~:;f¿~~¿;:;j~ :;·ì.~i.4 ,;::: .¡;.~ ..', ..~,: .J:': : '.'. ~j. ' ~.." ,"-;,'" ~, ...', ': ,_'-j, L-,; ',. ; ," .¡',I;'\ ,'.... ¡ ", .,I~. :'~; -.J'¡", _: I:' ',' '.. ~'. ~ '" .1 . , -j!~~~~m¡¡¡mî!j: ·...,;,.;;','i~.{:I.:ti'¡¡;'·;t;·,',···, '·"·'·"'i1:'~~;:....J..' . -'.!~';'~I.I;';'.'~".'.'.' . ':¡~~·';.'i._"2",!-"·t'~~S·_:.. :.:d:','.." ~'~'I ,:',';':" -.''-'"-'-",-' ·"·.,·¡~·h."!~"{',,:.!'i;,;¡· nr "I ..-"~·~O fl~r ~.~'~~J:.JL::' C00507 is made in writing or Applicable La\v requires interest to be paid on such insurance proceeds, Lender shan not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shaH 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 Instnunent, whether or not then due, \vith 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 clainl 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 3D-day period wiH begin when the notice is given, In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts lmpaid under the Note or this Security Instnunent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds either to repair or restore the Property or to pay amOlmts unpaid lmder the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instnunent and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or illùess extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Propeliy; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether ornot:'· . .... Bòrroweris residing..in the Property, Borrower shalLniaintain the Property in order to prevent the. Property from ,'.,:,:;' H,',';:: " deteriorating or decreasing in value due to its condition;: Unless it is determined pursuant to SectionS that repair, or ,'; i'ri.\"';~" restoration is not economically feasible, -Borrower shall promptly repairthe Property if damaged to avoid further '. deterioration or däìnage; If insuraüce or condemnation.proceeds are paid in connection with damage to, or the taking of; the Property, Borrower shall be responsible for repairing, or restoring the Property only if Lender hàs' released , proceeds for such purposes, Lender may disburse, proceeds' for the .repairs· and restoration in a, siilgle payment 'or ,in ,,'" aseriesof progtesspaymeüts asthe work is completed: If the iIlsurance or condemnation proceeds are not suffici'ènt ,'..', ", '. ':'f,'" tOrepair orrestore the Property, Borrower is not Telieved of Borrower's obligation for the 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 the improvements on the 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 with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan, Material representations include, but are not limited to, representations conceoúng Borrower's occupancy of the 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 perfonn the covenants and agreements contained in this Security Instnllllent, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for elúorcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights illlder this Security Instnunent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property, Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights illlder this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or Borrower Initia{~ L WY'Q\/ ING-Single Family-Fannie Mae/Freddie Mac UNI~ INSTRUMB\JT - MERS Form 3051 1/01 Page 6 of 13 \.-;. .'. '.':; :"',.: ~',',:'.; :..:j.', " '-'-;'-, 'I ' ~ ".. . DocMagic~ 800-649-1362 www.ckx:magic.com \\ý305Lmzm6. tern ~' ',\ f ~< ;';;j\-:. ", ·.w"_.... ~:. ~': ; ,';, ':.: :'::,-'\ ,.1 :; 'Ì.: " . ..'~' :: 'r,,~,',. ¡, ~ ': . i ',' ',' ~'j', ~:-: ., ,¡;.! -~ ~3051.mzm 7.tern "~;; ~I~;i:;:~';;; ;,.::.::J.:L",:.t.·':'·¡:I:'".:,',:,·," >:~',;,::~;¡"'.:¡.',. , , . ;." .,.,~.:.I,!'::,'~:'.· '. "', ( ;'. "t-1ll /r-O .i_l~, _ "~~' .J!L,~:J1 r (ì C, ~ (I 8 ,-,1../ ... 0~.: other code violations or dangerous conditions, and have utilities turned on or off, Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized tmder this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additìonal debt of Borrower secured by this Security Insmunent. These amOlmts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the 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 writìng. 10. M0l1gage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain 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 the premiums for Mortgage Insurance, Borrower shall pay the 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 the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage Insurance" coverage (in the amount and for the period that Lender. requires) provided ,by ,an, insurer selected by Lender, again: , . , ; \." ,.., 'j;. .. becomes available, is obtained,· and. Lender requires separately.· designated ,payments . toward the: premiums for~: " "., Mortgage Insurance.'..JfLender required Mortgage Instiranceasaconditionofmaking the Loan and Boti'owerwasN!' ....¡\:. 'J'" .....' required to make separately' designated. payments toward the premiums, for Mortgage.Insurance,·Boiro\-ver'shall pay'."; theptemiums required to maintain Mortgage Insurance in effect,.orJo provide a non-refundable loss reserve;';uutil . '. Lender's requirement for Mortgage Insurancè ends in accordance with any written agreement between Borrower and", I.: Lendêr'providing for such tennination or untìHermination is required.,bY:Applicable ;Law. Nothirig inthis Section',. . ,-. dO atfects Borrower's obligation to pay interest attherate prôvided in the Note. . ',: '" ;';.r:,;,: .1.' ';< . Mortgage hisurance reimburses Lender (or any entity that purchases the Note) for certain losses it may lincur' if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgagdnsurance," Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other 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 the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that 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 the insurer's risk in exchange for a share of the premÎluns paid to the insurer, the 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 tenns 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. (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 tenninated automatically, and! or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tennination. " '; ." \ :.. ~ " .1:' ," '. :,,'-, ," \ , ". 0>" !' ~ Borrowerrruti~ WfO\1ING-Single Family-Fannie Mae/Freddie Mac UNIFŒM INSTRUMENT - MffiS Form 3051 1/01 Page 7 of 13 DocMagic~ 800-649-1362 WWW.docmagic.com ¡;~;;ml*l¡~~¡~fj;~;~ ,,'.' :~mm~mmill~~ .' 1~';::.·~~·,C'Ci~~;~··':;·<!':.:;':" ;.~~~,,~,_:'._' ·":-';":'. -'·':·_:\14'''-.!:~:''~>·,'.", "J' . ." '.',' -<4~'~'....~.'.~..:;~~ . "~...,' 'm.·".~:-",,':':~,-~":"_ ,'.,.. ..... "",. 'cl".,,,,.'.'~.'-~· , -. .'. _ '-, .'.';'.;~¡; ''''"'''''-':.I-:',,",,-~ '.' .. .'," .. ,.~ ;,~. _";~ __,: .,....,_. :".::. ,", .r.1'1 .t:::o ...f'...-....I._;'....¿'¿\;.-:.;¡~ :rnO"50\9 ,.'..J i I , ' 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is danlaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is econonúcally 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 wldertaken promptly. Lender may pay for the 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 :&m-ower 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 tlús Security Instrument, 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 the Property, the Miscellaneous Proceeds shall be applied to the swns secured by tlús Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by tlús Security Instnmlent immediately before the partial taking, destnlction, or loss in value, unless Borrower and Lender otherwise agree in writing, the swns secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured:immediately before the partial taking, . destruction, or loss in value divided by (b) the fair market value of the"" "" !' ,Property immediately before thepartial:taking;destruction~, or loss in value; Any balance shall be paid to Borrower;:;;: ;',1 ?i~,:¡,;" ,;;, <':;";';t 'j' ,,;: In the event of a partial·. taking; destruction,' or loss'in value o£ the Property in which the f¡Úrmarket valuë' of ' ., . the Property. immediately:before ,the partial taking, destruction; or loss 'in vàIué;isless thantheainount of the',sums! '." secured imniediatelY'before the partial taking, destnlction;or loss in value; Imless,Borrower'and Lenderotherwise ',' t"., -;, ,.:" agree in writing, the Miscellaneous Proceeds shall be applied to the sums secure4bythis SecurityInstrument whether ',':: ,'" .':." ,.or,notthesumsare then due, '.. ,i,;; ¡'.' "L ," ", ',.':-"1,,;;,", :,',:1' "', , , If the Property is abandoned by Borrower, or if, after notice by LendertoBorrower that the Opposing Pafty,(aS':" !/),"r;, defmed:in the next sentence) offers to make an ,award to settle a claim' for damages, BorroWer fails to respond tô . "j':!' >',., ", Lender within 30 ;days after the date the notice is given, Lender is· authorized to collect and apply the Miscellaneous , "'" ,". Proceeds either to restoration or repair of the Property or to the SunlS secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that 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, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under tlús Security Instnill1ent. The proceeds of any award or claim for damages that are attributable to the impainnent 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. 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 Instnill1ent 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 SecuritynInstrument 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 ;).. ';- Ti,- .~: .. -'n' "~~-'ì~; ,.;- 'j: . ;:' ~ ,~ '..~;. ' ,,"",".'. llirrower Initi~ ß WYO\i1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRrvIINSTRUMENT - MERS Form 3051 1/01 Page 8 of 13 DocMagic~~ 800-649-1362 WWW.docmagic.com \\)r305Lrnzrn 8.tem ',', ._;:I:Oõi:J:I:1::':a;:I~ <;¡·r',:I"~i:'_',:::¡:,:>-,,:',·.1;,..i··,=::,-'o:...;....~.;.;.:!.;.:' "__,,.-.,- . . - _~_ 0 < ·"~·"_~:':I·.:I:.,·o.; :p:' ','. "..,~,.-", 'i.~_;::':':¡';"~ -:':,-,&;,'-" I' ·""·:·'~'1'':·' .." .'",~~,:"!,,,'..~ '" ~ :-:~-:r.,]..~.-. ~ i~-'1t~..;,,',,¡ji·!""'¡ !:,;,::!.i., -. .,-..,._;,,';- " ~, '.c., . Jf\ .., 1 i':; 0 .1_..'.__, __"~.J..'.J~~....jj C00510 payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the anlOunt 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 tlùs SecOOty Instnunent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument O1Ùy to mortgage, grant and convey the co-signer's interest in the Property under the tenus of this Security Instnlment; (b) is not personally obligated to pay the sums secured by this SecOOty Instrument; and (c) agrees that Lender and any other Borrower can agree to e~1end, modifY, forbear or make any accommodations wíth regard to the tenus of this Security InstnJlllent or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under tllÍs Security Instnunent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument lmless Lender agrees to such release in writing, The covenants and agreements of this SecOOty 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 perforn1ed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be constnled as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by tllÍs SecOOty Instrument or by Applicable Law. '. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the, . jnterestor otherloan charges-collected or to be collected in connection with the Loan exceed the permitted limits; J: _ '\".;,., \,1,;': . " ,. ,\', then:' (a) anys'uch loan charge shall be reduced by the amount necessary to reduce the charge to the'penuitted 'limit.; /\~"':¡",1 ;,'¡', ': ,..:: ,,.; and (b) any sums iùready collected from Borrower which exceededpennitted limits wilLbe refunded to,Borrower.:n .'", , """<' . Lender may chooseto make this refund by reducing the principal 'owed under the Note or bymaking·a directpaymenL:ci"'¡ L:'~:,; ~!:¡' '" '.:'," ,:;,- ;", . .toBcirrower...lf'a ,refund reduces principal, the reduction will be'treated as a partial prepayment without any : «:1';0',.'".; " \;;'~-'<'",,::;..' piepayment charge (whether-,or not a prepayment charge is provided for underthe Note),Borrower' s acceptance 0["" .',<',!.y:,!b:·:~·',,: , ';.:~:'!t'·<· ,,' ": . any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrdwerrilight ".cr,¡,:\."·:!:¡ j: . 'f} w"~~_~ "r· 'håve -arising out of 'such -overcharge.,;; - '. .'" ..',.;.,,'-",' ,;._\ '·:.t:,.... t:..···_ '>~.~.: ; ~,:;-... .:~ I.::' .~.~". '~",~,\_:' ".: :.L ¡, .'~\! .::~":~,~::;·:i'~'" .-"'";' " "'.' 15. Notices; 'AlL notices given by Borrower or Lender in connection with this SecOOty Instrument mustbeín r·," ", '..., writing, Any notice to Borrower in connection with this SecOOty 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 other means, Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the 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, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this SecOOty 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 another address by notice to Borrower, Any notice in connection with tIùs Security Instrument shall not be deemed to have been given to Lender lmtil actually received by Lender. If any notice required by this SecOOty Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tile corresponding requirement under this SecOOty Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jOOsdiction in which the Property is located. All rights and obligations contained in this SecOOty 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 prollÍbition against agreement by contract. In the event that any provision or clause of tIlÍs Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of tlùs Security Instrument or the Note which can be given effect without the conflicting provision. Borrower Irllti~~ Â- WYO\1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS Form 3051 1/0í Page 9 of 13 DocMagic ~ 800-649-1362 WWW.docmagic.com \l.ý305l.mzm9.tem p';: :.:t;;~IØt,·:ill ~!,~fu}2~::r; J'" As used in this Security Instrument: (a) words of the 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. AJ:. used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a fuhrre date to a purchaser. If all or any part of the Property or any Interest in tlle Property is sold or transfen-ed (or if Borrower is not a nahrral 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 Stuns sectrred by this Security Instrument. However, this option shaH not be exercised by Lender if such exercise is prolùbited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these stuns prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have elúorcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instnunent; (b) such other period as Applicable Law might specif)\ for the tennination of Borrower's right to reinstate; or (c) entry ,0£ a, , judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender al]' sinils which :"_i ,':¡ ',,:;", ,ii, thenwou~d be due tmder tlûs Security Instrument ãndthe Noteas'Íf.no acceleration had occurred; (b) cures any defalÛt;i1',¡ ''',\,;~ '; i',,:<::ìI' ",ofanyother covenants or agréements; (c) pays allexpensesÌJlcurred 'Ín e¡úorcil1g tl1Ís Security Instrument" including;.' ')~';;1 ';:', ,'..";:;:\;':';c' iC,', ;,butnot limited to; reasonable attorneys'· fees, propertyinspectiçntand'valuationfees, and other fees incUrred, fot the'¡!";!:':'2:lXè:: '" purpose of protecting Lender' sinterest in the Property and rights under tlùs Security Instrument; and (d) t~esstich, ;.¡; ,,<; \"H action as Lender may reasonably require to 'assure thatiLender' s interest in the Property and rightsunderthisSecurity¡:,/ ¡).: ," >,'''',:;~' Instrument,: and Borrower's obligation to pay the sums secured by this SecurityJnstrument, shallcontinueun'changed. ;¡;¿,;,'¡i',)'"" -" ·,;Lender may require tllat Borrower pay such reinstatement sums and expenses in one or more of the foHowing fonns, ~: "\!,, ":¡:ç;: ( 'as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer' s check or cashier!s cheek;, :. """"',:,,,,;, provided any such checkis drawn upon an institution whose deposits are insured by a federal agency, instrumehtality 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, this right to reinstate shall not apply in the case of acceleration tmder Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. TIle 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") that collects Periodic Payments due Imder the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state tlle name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESP A 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 asstuned 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 tlle requirements of Section 15) of such alleged breach mId 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 wl1Ích must elapse before certain action Borrower rru.ti~- .Þ- WYO'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFæM INSTRUMENT - MERS DocMagic~ 800-649.1362 Form 3051 1/01 Page 10 of 13 www.cIocmagic.com .! :O:i! [", "",., \\)'3051.nøn 10. tan -;TI;~i~~~f :';""':~'.' ', .';', ,', . ·,:_·.:·.~·::,·_~:.i.k·c~''':L¡.:' ;,; ¡ ;.;.;~.,..,." . .. ' y ···~';""':"';,7i;1',p' . 'J":'-~-' :J'.;¡,ê2,h:::_.:-:.:..::::.. ",.¡..-.. ',." .~.' r1¡r" "'jA,li i!:.,..O ",,--p:::'r __.~¿;.lL·~ ,.... .: l1~l:'';: 1 '", \.) t., u .! . , : ::"~I:I·o!.;~<,~;~¡!J:;',;:;; ':' :¡:t _.:..:¡;. .'/ ;';- ,,"1' ; ~J::!.! ¡.1i. ____.n L';'::',:i_:,i::>i',~:: "J! ~ \¡lj·t!1.!I~~!¿·¿I.'.' . ' r;' ,,,,:;".~-';'>i'~;o..<~':.'~:!,-:-: l:!~'!O¡o:;~J¡:'¡¡':,:~!j,:,,--, ,/~.",,-'" '. . '.,_'C.', '.1°¡;':~%;¡.;:'_;"':"":"""·.";'--'· . "-I\.r: ,'~'I '-)-1 :r:;O ,-I f~"· ',;--,L,~-J '-,' ~,- -'~ ,. [OC5.12 ", 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 flanIDlable or toxic petrolelUll products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "EnvirolIDlental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envirolUllental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an "Enviromnental 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) which, 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 nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in conSlUller products), Borrower .shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other 'c' actionby anygovemmentaloHegulatory ageilcyor private party involving the Property and any HazardousSubstance,;!L;:'1,!:. ,'¡;:<; , :., ':ior EnvironmentalLilwof~vhich·Borrower has actual knowledge,,(b}.anyEnvironmental Condition, including butnot<.¡~:";¡,r·\,,' .¡ ;.".; ::i' ¡.limited :to," aÎ1.y!spilling, leaking,discharge, release Dr threat ofrelease ofànyHazardous' Substance, and (c).any:.,;",;,! ,.', ~ ",; . <', ,condition caused by ,thepresenœ,. use oLteleaseof a Hazarqoús :Substancewhich adversely affects the value:o£the'!¿'-"!'(!',',.:h:-ë ..;.'..''''.''::::::. ¡Property; -:If Borrower learns, or is notified by an)" gòvemmelltaloriregulatoryauthority, or any private party~thät.:~,.~';;'·""" I ; , anyremoval OI,other. remediation of any. Hazardous Substance affecting the Property is necessary, Borrower: 'shall .' 1".. "', .¡, ::, promptly takeall,llecessaryremedial' actions in accordance with Envìroninental Law, Nothing herein shallcreat~ally.ii.è.:~"p.:.·j~ ~::.: ':;;,(> .. obligation On Dender for an EnvirolimentalCleanup>'·.·.·..-" '; ,."",", ", ',::' ." ''0' .' ". 1<. Ç':î, :~>;~ ;';'0 'H'.Y- :. ~ .' ,.," 'cf :''1', :',:' ·~t'3 ~ ~;:".';'';.. ".-.," f', ..~'.":~:' '·:r.k :':!. '1;_ :."""~'. :Y! .~' , oj : h· ':~~" '~'. ,:' ,-- _~, ~-o;.. , , ....... 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 priorto acceleration under Section 18 unless Applicable Law provides othenvise). 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 tlte 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. Borrower Initials:~L \M'O'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFŒM INSTRUMI3\JT - MERS Form 3051 1/01 Page 11 of 13 DocMagic~ 800-649-1362 WWW.docmagic.com \\)'305l.mzm.l1, tern [:j;m~i~~!m!~m~~ ,., "., '0' . : "',". :'.""\:-;"-"~ ::;; ," " .f. J'; ~ , ",·t ,,,'; ':"t ~-. ;.: ',: " 1.,.; ,~lJ¡]mr "'I~""'·, . ",''-.;' ','.' '...._ '...'_'....-.2>. , .....,.,.,.....,........ "~;...""..._.,_..~..'~'. ....,..,"..,'..',;.' -,'. .... r ",' ...,! l' 50 ¡,(,..- ,. ," ~,!_.., - I...r,---·__·~~ rnC'5i3 I... \. J ,.L 23. Release. Upon payment of all sums secured by this Security Instnuuent, 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 pennitted under Applicable Law, 24. Waivers. Borrower releases and waives all rights tmder and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the temlS and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. -é(£~ (Seill) BRIAN W LITTLETON -Borrower r,' .~ . (Seal) .~Borrower . " (Seal) -Borrower "·'.'..'1-:: 'i"": ' '.~'".;' "',T " ,',-'.. .'.,¡ " . .... '-'., ~." ~ {' . ... " L.., '" .';' ;,. . '..--,. " . ..' :.'. :.".' ,¡ .~ ' "~ . r. " ' ¡' 'i ", -, " .. (Seal} -Borrower . (Seal) - Borrower .~-- . . , " -" ~ .,' ';'~ " ¡:. WYO'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS Form 3051 1/01 Page 12 of 13 DocMagic ~ 800-649,1362 www.cJocrnagc.com "'Y305Lmlm 12 tan . . ~· :<1:::::"=~"':·;·'·"C;'.:· ".'. ~';. ;-".:" .-.-:.:.:=;.._.".:..,;.........~...~.. '. "]~""--i'''~''''";O.'.___·-':':'':. '~..'".' "'-.'-, " '",. "'},AI '5"'0 .'.0-, " _ ,.~F~_ "_\·í._L~''r;.· ,... '; (lc ~l..ð 4 ... d .IV State of Wyoming ) ) ss. ) County of LINCOLN The foregoing instrument was acknowledged before me by BRIAN W LITTLETON, ROSEMARIE LITTLETON this 21st day of OCTOBER 2005 Witness my hand and official seal. PENNY JON!:!! OUR'( ì JílUO COUNTY Olf 3r.I\fê OF LINCOLN w'{OMIfJ§ UYCOMUISSIOU fXFIRE'Ut?f~ 1#., 1fIJf_ Q~~Wy~bIiC Penny Jones Print or Type Name ';', , , ¡'. :.'..¡.... ,".' ;.:.:' A' ,i"~"~ ,'~,". , .":.''¡·',:ê· '. (Sèâ1) .:' ;:",",' I'.' ";.' v". \ :,~:L::L,)C~"<~:~~:': ,!I.',~·i(.,'..,~.t,.;';, ',t . ,:.. .':}!.r·~· . ,~, ~.~ ~ÿ cqriiÎni~sion.~xpìf~s: 09/18/07;' ".' i;'·' '.:' '..' ¡~ ·~:".'f, ~:'~__"-r~ <.:... , ;;';~~(;~_:.n·<:~·~·", ,'" .::; ',\;¡\ .;.. ':. ",>"',' .t-.J.,~, .......,. ","". J,.".~ ",', , ¡~. ". - ,''''¡'J. . '10'·" :..... : t, ',d' . ,'.,', I.'" '!:.,) ''-:. '1" ';'~:',. ,tr:~'~'" :J.~ ·.t·;: f;~·;· ;, 'i" ... ,., , ' WfQ\l ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MffiS Form 3051 1/01 Page 13 of 13 DocMagic~ 800-649-1362 www.docmagic.com \\ý305Lmzm 13. lent \~¡mi!¡iili;m;m;¡;¡ J-~I ;¡~~i~i~fff; . -' : ,,"-',.;.:.' .:..1 .:.....;..:~,.. .' .f_"~'·"'''''·'''·'' ".,....!'-.,...',"......,... -,. ,. ~ . "'" "·"0 ':_"~' ~~.;J,,)~,~ ' rf'¡Cr:"15 '.~ U í..J.l. ÊXHIBIT "A" \. The land referred to in this commitment is situated in the State of Wyoming, County of Lincoln, and is described as follows: A portion of the N~~ of Section 24, T36N R119W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at the North Center 1/16 corner of said Section 24, and running S 89°29'3211 W, along the South line of said N~X, 601.68 feet; thence North, 1308.11 feet to a point in the North line of said Section 24; thence East, along last said North line, 607.36 feet to the North ~ corner of said Section 24; thence cOhtinuing along last said North line N 83°46'58" E, 1320.43 feet to the East 1/16 corner in said North line: thence S 0°13'25" W, 518.60 feet; thence S 71°56' W, 559.89 feet; thence S 8~o53' W, 614.29 feet; thence S 0°13'25" W, 688.62 fee~; thence S 86°34'30" W, 169.83 feet to the POINT OF BEGINNING. Initia~ . Initia;:~ 11/91