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HomeMy WebLinkAbout913339 .~" '_,'i'-';';~'j"i!I"!~~ ;~;~i"i:I~; . ',.':";';;"_~;'''.'i'_.'!J~".;'. ,\. - :,;. ',\ ,';':.V,.,.~:::~.,:..;-_ , . 'I -' " .'..... !'~"I'.'I~. .' .-' ;.;"?:.:'t;:}t;; ~~~..t<,"'/,~:;::;:';:,:;')\>:', ",'.' f,.~' !.)~, ' '. ,-' ':k;;.....:::X::'"!.';:.. """!\": .-,..".\. "~:j'",;". \)'\ ;- 50968(04) ~ () 7 ( J ..) p, U I"' Return To: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 Prepared By: WELLS FARGO BANK, N.A. 1919 DOUGLAS" OMAHA, NE 681010000 [Space Above TIns Line For Recording Data] MORTGAGE C00362 RECEIVED 11/1/2005 at 3:21 PM RECEIVING # 913339 BOOK: 603 PAGE: 362 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. (A) "Security Instrument" means this document, which is dated OCTOBER 26, 2005 together with all Riders to tillS document. (B) "Borrower" is JEFFREY L. VANDEBURG AND LINDA C. VANDEBURG, HUSBAND AND WIFE Ie) / 1/ Borrower is the mortgagor under tIlis Security Instrument. / (C) "Lender" is WELLS FARGO BANK, N .A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES 0060107786 WYOMING-Single Family-Fannie Mae/Freddie Mile UNIFORM INSTRUMENT G -6(WY) 100051 @ Page 1 of 1 5 ~:R*~~~::~ ~~~~~~: Form 3051 1/01 {I -;m!ll~~~~~l .;\:;~l:;:':I~~~;~i:!::: n:'t:;,-'," . ,'. .:: <~.'j.:.';';!,,:':;i: ,., '.:j.'j~i'I!.I~:'.'~j.';..'_:'- ;.::"_~~"!.::,,X~',' .:"j-':;':':>.:1t'l-"" ';i~I,';';:.' ." 091L3.3J9 f!\n'''\6f) . r'. ) "'. "'\ .... ...1 ~ '"' v Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304 Lender is the mortgagee under tlus Security Instrument. (D) "Note" meaDS tlle promissory note signed by Borrower and dated OCTOBER 26, 2005 The Note states tllat Borrower owes Lender ONE HUNDRED FIFTEEN THOUSAND AND 00/100 Dollars (D.S. $ * * * * 115, 000 . 00 ) plus interest. Borrower has promised to pay tllis debt in regular Periodic Payments and to pay tlle debt in full not later tllan NOVEMBER 01, 2025 (E) "Property" meaDS tlle property tllat is described below under tlle heading "Transfer of Rights in tlle Property. " (F) "Loan" meaDS the debt evidenced by tlle Note, plus interest, any prepayment charges and late charges due under tlle Note, and all sums due under tllis Security IDStrument, plus interest. (G) "Riders" means all Riders to tllis Security IDStrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider D VA Rider D CondomiIuum!Rider D Second Home Rider D Planned DIut Development Rider D 1-4 Fanuly Rider D Biweekly Payment Rider D Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adnunistrative rules and orders (tllat have tlle effect of law) as well as all applicable final, non-appealable judicial OpiniODS. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and otller charges tllat are imposed on Borrower or tlle Property by a condOlninium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" meaDS any traDSfer of funds, otller tllan a transaction originated by check, draft, or sinular paper instrument, which is initiated tluough an electronic temunal, telephOluc instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactioDS, traDSfers iIutiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" meaDS those items tlIat are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tllird party (other tllan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or otller taking of all or any part of tlle Property; (iii) conveyance in lieu of condemnation; or (iv) nusrepresentations of, or onussions as to, tlle value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against tlle nonpayment of, or default on, the Loan. (N) "Periodic Payment" meaDS the regularly scheduled amount due for (i) principal and interest under tlle Note, plus (ii) any amounts under Section 3 of tllis Security IDStrument. (0) "RESPA" means tlle Real Estate Settlement Procedures Act (12 D.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as tlley might be amended from time to time, or any additional or successor legislation or regulation tlIat govems tlle same subject matter. As used in tlIis Security Instrument, "RESPA" refers to all requirements and restrictions tllat are imposed in regard to a "federally related mortgage loan" even if tlle Loan does not qualify as a "federally related mortgage loan" under RESPA. G -6(WY) (00051 @ I.. t.-l ;/r Form 3051 1/01 Page 2 of 1 5 I: I: ...,.",."..... '''i~i!h'i'jli~i~<'i>.'.;., ....~..,:. ,:~,;:;.:,. -.:j;';"-,';','i.!iI.~..I;'. .~.. '1':'",.\,,-, . ~:':'-.'i'!;. '~';:''';' . . . ::: ., ,:;. ;!;~.~; >, :1:' ;:/.- ;;: i~ .; :'. . . . . ',. "",.;'1',', f)'''''; "", ~. ~~ . 'J'. il '. 'j:.. ~ ~0~\4.,...h'~-1l..i r ('l 0 i) 6 4 \,. ...J \. ...;; . (P) "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 Secmity Instrument. TRANSFER OF RIGHTS IN THE PROPERTY TIllS Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfoffilllnce of Borrower's covel111nts and agreements under this Security Instrument and the Note. For this 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] LOT 31, RIVERVIEW RANCHETTES, SECOND FILING, ACCORDING TO THAT PLAT OF RECORD IN THE OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY, WYOMING, EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE COUNTY OF LINCOLN COUNTY, RECORDED JUNE 21, 2005, BOOK 588 PR, PAGE 324. Parcel ID Number: 1173 DUFFIN CIRCLE THAYNE ("Property Address"): which currently has the address of [Street] [City] ,Wyoming 83127 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurteilllnces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Secmity Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 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 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 covel111nts for illltiOlllll use and non-unifoTIn covel111nts with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender coveilllnt 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, the debt evidenced by the Note and any prepayment charges and late charges due under the 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 other instrument received by Lender as payment under the Note or this '7)/ G -6(WY) (00051 @ Page 3 of 15 Form 3051 1/01 t ~~ililmI~gm~~!~ ;~~~Im!~; ;-. ':i;I~I'j~l~j~i!I~I))'I~~r'.-: . . ',,"~l~.kt!.U..:;!ili:(:.;_.__ , ,..' ' -, ,,~:_'. ;" -"::-~.:, . .~. ~;~ ':'j"~;; ":";"." ..-. 'lQ'n ~J'339 "!I...._,J~1t."hl ,rnn.t"6t:" \" J' I ...! I \. \.. \.", \J Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this 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 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 unapplied funds. Lender lnay hold such unapplied funds until Borrower lnakes 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 return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note illunediately 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 amounts 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 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 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 the 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 the day Periodic Payments are due under the 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 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) 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 the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time dming the term 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 tlle 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) (00051 <!> Page 4 of 1 5 /)/lJ Form 3051 1/01 ( , ."-':' .1' ";:~i:~!:ill:"!i;i~. . ::.: i: '.: ,.;': .'; ':~::;~::.1.- ::..~; ;_'~1:~'?Y~Y~~,~::~_ ';,:t~':~, ~,~. "f. :.:.::.~ '~:'~,:" ,Z" >'t.'~,;J)~< :;:'.>~'-:'~'1::.C.:1::1~\...~~:!:'::':'_'. . ..'}: ::'i,~,>'~1'.il:i~i'L~~!I':~.:~r~.'{!~*?J~'::':"~:':":~\f(~C";:.~':". """,~".~:';i': :'i;: ;!;;~LK!P:..ltt1;'.;~'lt;;'. ::~ "';i~ ; ~'I ':'. .." '~'~I,..~,:::;'. n. Q,'~ ""\'~:' it C, (t--.:l-L'<.b.~.'UJ ,r f) rd=;. 6 6 '.. -.J \.! ",' 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 this 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 lnay 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, tllat are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply tlle Funds at the time specified under RESPA, and (b) not to exceed tlle maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on tlle 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, almually analyzing tlle 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 tlle 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 amlUal accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. 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 RESP A, but in no more than 12 monthly 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 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 tllis 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 tIus Security Instrument, leasehold payments or ground rents on the Property, if any, and Conununity Association Dues, Fees, and Assessments, if any. To the extent that tIlese items are Escrow Items, Borrower shall pay them in tile maIll1er provided in Section 3. BOITower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of tile obligation secured by the lien in a lnaIll1er 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 opiIuon operate to prevent the enforcement of tile lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from tile holder of the lien an agreement satisfactory to Lender subordinating the lien to tIlis Security Instrument. If Lender detemrines tIlat 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 G -6(WY) (00051 <!> Page 5 of 16 Initials: ~ J j/f/ Form 3051 1/01 f rmlliiliillili~i~W:f: ';m5mm .....i:;\;ln;.;.,l; .:.>:l:,:!:((.;.;~~.. ;.; !".::".,f.::,...tl:;,;'< .' h:'~'.:::,':~':.:,.:.::.i.. "iiL:i.:I: .1:...::::;.::....; ..,.,;...~, ,.:., ;i.~.;-:"t... > no '(; <r~339 U ._j ..lL".., ,r {". n '.> 6 7 .... \,; \/ ~ lien. Within 10 days of the date on which that notice is given, Bon-ower 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 veritication and/or reporting service used by Lender in cOlmection 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 otller hazards including, but not limited to, eartllquakes and floods, for which Lender requires insurance. This insurance shall be maintained in tlle amounts (including deductible levels) and for tlle periods tllat Lender requires. What Lender requires pursuant to tlle preceding sentences can change during tlle tenn of tlle Loan. The insurance carrier providing tlle 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 witll this Loan, either: (a) a one-time charge for flood zone detennination, certification and tracking services; or (b) a one-time charge for flood zone determination and certitication services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certitication. Borrower shall also be responsible for tlle payment of any fees imposed by tlle Federal Emergency Management Agency in connection witll tlle review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of tlle 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 tlle Property, or the contents of tlle Property, against any risk, hazard or liability and might provide greater or lesser coverage tllan was previously in effect. Borrower acknowledges tllat tlle cost of tlle insurance coverage so obtained might significantly exceed tlle cost of insurance tllat Borrower could have obtained. Any amounts disbursed by Lender under tllis Section 5 shall become additional debt of Borrower secured by tllis Security Instrument. These amounts shall bear interest at tlle Note rate from tlle date of disbursement and shall be payable, witll 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 tlle 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, tlle Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In tlle 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 otllerwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of tlle 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 tlle right to hold such insurance 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 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 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 earnings on such proceeds. Fees for public adjusters, or otller third parties, retained by Borrower shall not be paid out of tlle insurance proceeds and shall be the sole Obligation of Bon-ower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to tlle sums secured by this Security Instrument, whether or not then due, Witll G -6(WY) 100051 @ Page 6 of 15 LJ l;#tI Form 3051 1/01 {( / !,.......!I.j~.,~.~. :,; !:.::.; .. ~ '~'''''~:':~~I:'._:- ... "...;::::':::~;~. . ":-',;:,::(~'~~' .'...,..,:....1.'...0.....:. '. '. ..... '." .~, .1". '.' r, J:::.' 't ".. "." . . G. ~Jd~J.,u...1J .r ,f\ n .:~. ~ 8 t . I . '..' \..... \. V 0 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 tile, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice ti'om 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 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 unpaid under the Note or this Security Instrument, 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 amounts unpaid under the Note or tIus Security Instrument, whetIler or not tIlen due. 6. Occupancy. Borrower shall occupy, establish, and use tile Property as Borrower's principal residence within 60 days after the execution of tIlis 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 otIlerwise 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 the Property, allow the Property to deteriorate or commit waste on the Property. WhetIler or not Borrower is residing in tile Property, Borrower shall maintain tile Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detemuned pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair tile Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in cOlmection WitIl damage to, or tile 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 the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If tile 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 tile Property. If it has reasonable cause, Lender may inspect tile interior of tile improvements on tile Property. Lender shall give Borrower notice at tile 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 tile Loan application process, Borrower or any persons or entities acting at tile direction of Borrower or witIl Borrower's blowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender WitIl material information) in cOIDlection witIl tile Loan. Material representations include, but are not linuted to, representations concerning Borrower's occupancy of tile 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 tile covenants and agreements contained in this Security Instrument, (b) tIlere is a legal proceeding that might sigluficantIy affect Lender's interest in tile Property and/or rights under tIlis Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over tIlis Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned tile Property, tIlen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in tile Property and rights under tIlis 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 tIlis Security Instrument; (b) appearing in court; and (c) paying reasonable G -6(WY) (0005) @ Page 7 of 15 .. L J In'7/tI Form 3051 1/01 ~ P':::l::l:~::::::::;;~:: tlliilli:;:;:m1!:~;:;; ':~~IiWF, ,.:'~.. ''':<.'',''I~!~tih<;lY.I:~!S~~<;$S";!k:,;:iI'.ll!~:l~...;';'~''.':,:.~,I'~' " . ", ,,", ;"1:'.':"':"':;..'.l.!''':,~: .,,'.j,"~,,:'1:- -;.,r 1.1~!lt,";'.~~~.U~I_ n rl.<:; #"!~3Q ,j '~-ll :1 '''.tJ~'~ J '....._.........J o -6(WY) (0005) @ Page 8 of 15 ':'. ,..;'.:";::.:;.;':...~;c,,':::1~'Z-=-\'_-:~'!.:r"';..l:C:-~".t.:d.J~.' :!'~:. . ~,.,,~~::1~;.;:/:J;. . .... '.::;.; ,'o'~'; ;i:'; ~~'. ,rnn'''.69 \.. ...1 U~. . Form 3051 1/01 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 limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or 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 under tltis Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by tllis 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 Bon-ower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all tlle provisions of tlle lease. If BOlTower acquires fee title to the Property, the leasehold and tlle 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 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 BOlTower 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 tlle fact tllat tlle 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 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 making the Loan and Borrower was required to make separately designated payments toward tlle 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 with any written agreement between Borrower and Lender providing for such terntination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the 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. BOlTower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with otller parties tllat 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, anotller 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 premiums 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 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. Initials: L J 1ft! ( ( / :':l:,:':~l~' ,:,:.,'.~:.o"":':t.~"l" ,",-en 11 .-~.. "j- 9 ~ r~O. tJ. ~ "">"'''" , "_.,. .___:i--..J'i...:!.>.1.~ '-1.. r()nl'~70 '\,.. ...,: \_, \.J (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 tlle 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, tlle Miscellaneous Proceeds shall be applied to the smns secured by this 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 tlle event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the smns secured by this 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 this Security Instrument inunediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by tIus Security Instrument shall be reduced by tile amount of tlle Miscellaneous Proceeds multiplied by the following fraction: (a) the 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 iImllediate1y before the partial taking, destruction, or loss in value. Any balance shall be 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 tile Property inunediately before the partial taking, destruction, or loss in value is less than the amount of tile sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otIlerwise agree in writing, tile Miscellaneous Proceeds shall be applied to the sums secured by tIlis Security Instrument whether or not tile sums are tIlen due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower tIlat tile Opposing Paliy (as defined in tile next sentence) offers to make an award to settle a claim for damages, Bon-ower fails to respond to Lender witIlin 30 days after the date tile notice is given, Lender is autIlorized to collect and apply tile Miscellaneous Proceeds eitIler to restoration or repair of the Property or to tlle sums secured by tIus Security Instrument, whetIler or not tIlen due. "Opposing Party" means tile tIlird party that owes Borrower Miscellaneous Proceeds or tile party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whetIler civil or criminal, is begun tIlat, 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 tIus 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 dislnissed with a ruling that, in Lender's judgment, precludes forfeiture of tile Property or otIler material impairment of Lender's interest in the Property or rights under tIlis Security Instrument. The proceeds of any award or claim for damages tIlat are attributable to tile impairnlent of Lender's interest in tile Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of tile Property shall be applied in tile order provided for in Section 2. G -6(WY) (0006) C!> '# Form 3051 1/01 Page 9 of 15 ( { :~i!~i~~i~tlm ',:":"J7.,."., . :;'i;!~;~~;;~mf;!!@ " ,I';',-,.~.;.~~~...... . ~:', '; .' ...;, ,'. ......'.......-.,. n., '-C1 ''Z{1 .. ;" <'f, .Ii " G Od ..1.,.J.,".di~J.:;; t, n n .~) 7 1. ...... ,.;' \. ;; ,} . 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 conilllence 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-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accOlllinodations with regard to the tenus of this Secmity Instrument 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 this Security Instrument. Borrower shall not be released from BOlTower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this 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 comlection 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, attomeys' 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 construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tlris Security Instrument or by Applicable Law. If tlle Loan is subject to a law which sets maximum loan charges, and tllat law is finally interpreted so tllat tlle interest or other loan charges collected or to be collected in connection witll tlle Loan exceed tlle permitted limits, then: (a) any such loan charge shall be reduced by tlle amount necessary to reduce tlle charge to tlle permitted limit; and (b) any sums already collected from Borrower which exceeded pemritted limits will be refunded to Borrower. Lender may choose to make tllis refund by reducing tlle principal owed under tlle 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 tlle Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower nright have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection witll tllis Security Instrument must be in writing. Any notice to Borrower in cOlillection witll tllis Security Instrument shall be deemed to have been given to BOlTower 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 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 tllfough tllat specified procedure. There may be only one designated notice address under tllis 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 tllis Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by tllis Security Instrument is also required under Applicable Law, tlle Applicable Law requirement will satisfy tlle corresponding requirement under this Security Instrument. G -6.IWY) 100051 @ Page 10 of 15 v '"if- Form 3051 1/01 I: I: / ~ '.; l~t:,;\ ;r,\Si~fi:; ~;"', i:' :: :'. . ,'! " " . , !' '.~:~~~;,:!:,=~:.x~;~_u ~', .!i:'_.l'..:~~'~.>':l1D~. .: :~c-:i:~:;i~r~:~,~~,-:.;:J__',.::,'\':';:": ',' . ~,~.~;)j!i.!;~'::~:":""1 ~" ",';'.:1;' '_' r" 4:: _~'l oTl ";i ;;;-j;, <-~., ~.. r -_=' ~~, t~S '-..~J ("' (\ (I ,) 7 ? ,-. "Jdv N 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 explicitIy or implicitly allow tIle 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 tIle event tIlat any provision or clause of tIlis Security Instrument or tIle Note conflicts with Applicable Law, such cont1ict shall not affect otIler provisions of tIlis Security Instrument or tIle Note which can be given effect WitIlOut the conflicting provision. As used in tIlis 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. As used in this Section 18, "Interest in tIle 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 titIe by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the 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 this Security Instrument. However, tIlis option shall not be exercised by Lender if such exercise is prohibited 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 tIle 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 sums prior to the expiration of this period, Lender may invoke any remedies permitted by tlns Security Instrument witllOut furtller notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have tlle right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of tlle Property pursuant to any power of sale contained in tllis Security Instrument; (b) such otller period as Applicable Law might specify for tlle termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing tllis Security Instrument. Those conditions are tllat Borrower: (a) pays Lender all sums which tllen would be due under this Security Instrument and tlle Note as if no acceleration had OCCUlTed; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing tllis Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and otller fees incurred for tlle purpose of protecting Lender's interest in the Property and rights under tllis Security Instrument; and (d) takes such action as Lender may reasonably require to assure tllat Lender's interest in the Property and rights under tllis Security Instrument, and Borrower's obligation to pay tlle sums secured by tllis Security Instrument, shall continue unchanged. Lender may require tllat 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, tllis right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in tlle Note (togetIler Witll tlns Security Instrument) can be sold one or more times WitllOut prior notice to Borrower. A sale might result in a change in tlle entity (known as the "Loan Servicer") tllat collects Periodic Payments due under tlle Note and tllis Security Instrument and performs otller mortgage loan servicing obligations under tlle 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 tllere is a change of tlle Loan Servicer, Borrower will be given written notice of tlle change which will state the name and address of tlle new Loan Servicer, tlle address to wInch payments should be made and any otller information RESPA G .6(WY) (0005) @ Page 11 of 15 '"'i/- Form 3051 1/01 t ~~~ifi~~m.iIiJ /jiilliili~m1~8:~ :'.'I~!'i~~I~;',;' ;'.' . '. - '.~'I"';~l!'~"""',,', . . ~::~ J:~,!;ir};7t:'~';;:<_',':~[L!i::L~' ~- -:.: ill; :::l::"li:1t;"~i~t.,::~;j':< ,~~;";::: /:. ~;;:-;. ~:~~;;~~'.i. ~:" . r...r. ,;;, .f) ~ ~.{ q ,~_.t .~i ~,..~;l./'f"'w"'-..J .r (~ n t) 1"1 3 \"-.;\10' requires in cOlll1ection 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 ServiceI' and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may COnll1lenCe, join, or be joined to any judicial action (as either an individnal 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, nntil such Borrower or Lender has notified the other party (with such notice given in compliance with the reqnirements 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 Enviromnental Law and the following substances: gasoline, kerosene, other flalmnable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "EnvirolUnental 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 EnvirolUllental Law; and (d) an "Envirolllllental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envirolilllental 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 slnall quantities of Hazardous Substances that are generally recognized to be appropriate to normal 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, demand, lawsuit or otller action by any govenunental or regulatory agency or private party involving tlle Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or tlueat of release of any Hazardous Substance, and (c) any condition caused by tlle presence, use or release of a Hazardous Substance which adversely affects tlle value of tlle Property. If Borrower learns, or is notitied by any governmental or regulatory authority, or any private party, tllat any removal or other remediation of any Hazardous Substance affecting tlle Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with EnvirolUllental Law. Natlling herein shall create any obligation on Lender for an EnvirolUnental Cleanup. G -6(WY) (0005) @ Page 12 of 15 J '"'''J!r Form 3051 1101 ( { ': :;'j';'i"'i~;.l';I;.i".,> .',:.h -'"ii:~i...~;.c~...:Jt:~:!':~;.~':"":>!'>:.!' l:':':'(?'':'-~::,::-'- "-; ",. J. ::~'",,~~'!:'.~S....i: ~ '~-.- .-'..,l;.:.;.;....:.:'i......,.' :;.~;..;,,"'K'!.,y:::::,:MC...':-r..;~.1~~C:.:.j'.?!;.'i'!':'}";;::;,,::,"!J'!,~;'i~::. ."'" :-'-:-- c:,'''',:t."'7i:~l,;j_.,,-;. COo:!,,' :.':.,';t:",',",: t),..c' (I (,f"." ~ "'l C~ 'I_.t. '_> -S'''-~V 'it_1J (., (\ n I') t'" 4 .... '.I ( !..) · 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 tI1is Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing tIlis Security Instrument, but only if tile fee is paid to a tIlird 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 tile homestead exemption laws of Wyoming. G -6(WY) 100051 @ Pag.13 of 15 ,~ Form 3051 1/01 t ~iill!~~mif~~J ~:,~. :I~j~.~,~;:' 'I~i~" '7': -", .... . ~~. -~"::;,:::_" " . r, -1:.;<' or/'3 .j" 0 ~_r~;~'''-~J'I.., '\ J ~;~f;m~~~~. "':i:':.:I:t:t:,:.:,-;.. '. 'I" '~;:';..::..:'~-'-,>, ':':'~,~: ; ..:!;:,~-: '. ',', ,". ;,- "c-"';.,'.:,,.,;c.:l.;::'-~..'~:':' r !i (1 ':)7 5 \.. '..1 \..1 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 G-6(WY) 10005) @ It~. (J EYL EBURG ~~E~~ ~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 14 of 1 5 Form 3051 1/01 { { .t' ." ':o"'~l~~~'~l';!;",:!;.' :.'..I;.....~';Ii.;I..~,.. , " r, 'i, or,. ~ ")9 ~_~i~1 ~,,~,r1.>n:.~ STATE OF WYOMING, LINCOLN ':,"';:;l;'';'~F~..'.'.!.'" The foregoing instrument was acknowledged before me tIus 10/26/2005 by JEFFREY L. VANDEBURG AND LINDA C. VANDEBURG My Commission Expires: S ~ el .{' - .() () CJ (, """:~!_)'.;.J..i:l:, ....,...'., CC0;376 County ss: CLAUDIA ANDERSON - NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING MY COMMISSION EXPIRES MAY 25, 2006 /1/ ,'/1 /~( {!Lit cl-a Ut1 dtl-<3 V'~_ Notary Public G -6G(WY) (00051 @ Page 15 of 15 '~:~:*i:!::~;~*~*: ~Z.~~~~~f!~!i Initials: Form 3051 1/01 I: I: