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Aft"r Recording Return To:
RECEIVED 12/7/2005 at 3:49 PM
RECEIVING # 914287
BOOK: 607 PAGE: 84
JEANNE WAGNER
LINCOLN COUNTY CLERfC, KEMMERER, WY
GMAC Mortgage Corp.
100 Witmer Road
Harsham, PA 19044-0963
ATTN: Records Management
[Sparc Alwvc This LUll' For Rl'ronJillg Data]
Luau !\Io. 588253203
MIN 1000375-0588253203-2
J\IORTGAGE
DEFINITIONS
Words used in multiple sections of this dOClllllent are defined bdow and other words are defined
in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usagl: of words lIsl:d in this
document are also provided in Sectiun 16.
(A) "Security Instrument" !Deans this document, which is dated December 1,
2005 ,together with all Riders to this document.
(B) "Borrower" is
Leisa Lorraine ë:iTrd--Ðttr1tl Ruta Lea Horner, Tenants In Common
Dana and
Borrower is the mortgagor lIndl:r this Security I nstrllment,
(C) "1\IERS" is Mortgage Electronic Registratiun Syskms, lnc, MERS is ¡¡ separate
cnrporatinn that is acting solely as a nominee t'nr Lender and Lt:nder's SllCCC.o;o;()"s and assigns.
MERS is the mortgagee under this Security Instrument. MERS is organizl:d a III I t:xisting
unùer the laws of Delaware, amI has an addœss and tdephone nllmbl:r of P,O. Box 2026, rtint,
MI 48501-2026, tel. (888) 679-MERS.
WYOI\HNG .. SU1gle ['",nil)'.. ['",",je M'.ei[',eJ)ieK",e Õ
UNIFORM INSTRUMENT )lur", ~\OSJ 1101 ( ---0
(Page 1 of 1 Ii) 327896233 IlIitials: L-~
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(D) "Lender" is
GMAC Mortgage Corporation
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"
Lender is a Corporation
laws of Pennsylvania
100 Witmer Road, P.O.
organized and existing under the
, Lendtr's :Iddress is
Box 963, Horsham, PA19044
(E) "Note" means the promissory note signed by Borrower and dated December I,
2005 . The Note states that Borrower OWeS Lender
One Hundred Thousand and 00/100
Dollars (U .S, $ 100, 000 . 00 ) plus interest. Borrower has promis<:d to pay this
debt in regular Periodic Payments and to pay the dtbt in full not later than
January I, 2036
(F) "Property" means the property that is described b¡;luw under the heading "TranstÚ of
Rights in the Property."
(G) "Loan" means the debt evidenced by th¡; Note, plus intertst, any prepayment charges
and late charges due under the Note, and all sums due under this Stcurity Instrument, plus
interest.
(H) "Riders" means all Riders to this Security (nstrumelll that an: executed by Borrower.
The following Riders ar¡; to be ex¡;çuttd by Borruwer [check box as appljcabl¡;:
D
D
D
Adjustahle Rate Rider
Balloon Rider
Other(s) [speçjfy]
D
D
D
Condominium Rider D
Biwtekly Payment Rider D
Pbnlled Unit Development Rider
Seçond Home Rider
1-4 Family Rider
(I) "Applicahle Law" means all controlling appliçahle federal, state and loçal statutes,
regulations, ordinançes and administrative rules and orders (tbat have the effeçt of law) as wtll
as all appliçable final, non-apptalable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" Ineans all dues, fees,
asstssments and other charges that are imposed on Borrower or tht Property by a çUJIlh>minium
association, homeowners assoçiation or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, othtr than a transaçtion
originated by c'heck, draft, or similar paptr instrument, whiçh is initiattd through an eltçtronic
terminal, telephoniç instrument, çOlnputer, or magnetic tape so as to order, instruçt, ur authorize
a financial institution to debit or çredit an account. Suçh term includes, but is not limited to,
point-of-sale transtèrs, automated teller machinè transaçtjons, transtÚs initia!èd by telephone,
wire transfers, and automated dearinghouse transfers.
(L) "Escrow Items" means those items that are desnibed in Section 3.
(~I) "J\Iiscellaneous Proceeds" means any çompensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under th¡; çoverages
dtsçribed in Section 5) for: (i) damage to, ur destrudion of, \¡,~ Prupt:rty; (ii) cOlll!èmnation or
othtr taking of all or any part of the Property; (iii) çonveyance in lieu of conclènlllati"n; or (iv)
misreprestntatiolJs of, or omissions as to, tht value and/or çonditiolJ of tht Property.
\VYOMING .. Sing'e Family n ¡".lie Mae/Freddie ~Iac l.INIFUR~IINSTI(lI,\IEN' Form 3051 L'01¡-:?) ¡) f f
Gi\-IACI\I- Ci\!S.00;2.WY (0001) (Page "2 of /S) Initials: (^.~/ j:Jr.
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(N) "l\lortgage Insurance" 1l!~ans insurance prokcting L~ndçr againsi thç nonpaYJ~nt of,
or dd'ault on, the Loan.
(0) "Periodic Payment" m~ans thç n;gularly sçheduled amount due for (i) prim:ipal and
interest under the Notç, plus (ii) any illnounts under Seçtion 3 of this Senility Instrument.
(P) "RESP A" means the Real Estate Settl~rnent Procedures Au (12 U.s. C, §260 I et seq,)
and its implementing regulation, Regulation X (24 C,F,R, Part 3500), as they might be
amçndçd from time to time, or any additional or suççessor legislation or rçgulation that gOVL:fI\S
the same subject matkr. As used in this Seçurity Instrul1l~nt, "RESP,-\" rd'ers to all
requirenwnl sand rçstrictions thai arÇ i/l1pos~d in regard to a "federally relakd nH)rlgag~ loan"
even if ¡he Loan does not qualify as a "fedc:rally related mOltgag~ loan" rmder RESPA.
(Q) "Successor in Interest of Borrower" llJeans any party that has takt:n till~ to the
Property, whether or not that party has assUlllçd Borrowçr's obligations under the Note and/or
this Seçurity Instrurnent.
TRANSFER OF RIGHTS IN THE PROPERTY
This Seçurity Instrumeut seçures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii) the performance of Borrower's çovenants and
agreements under this Security lustrument alld the Note. For this purpose, Borrower does
hereby mortgage, grant and convey to MERS (solely as nominee for Len¡Jçr and Lender's
successors and assigns) and to the sucç~ssnrs and assigns of MERS, with pnwer nf sale, the
fnllowing described property located in the County
[Type of Re("onli.llg .Jllrbdktioll]
of Lincoln
(Name uf R('(·unli.llg .JllrbdirljulI]
SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF.
which curr~nt]y has the address of
291 Dana Street,
[Srreel)
Thayne ,Wyoming 83127 ("Property Address"):
[City} [Zip Code}
TOGETHER WITH all the imprnvements now or hçreafter er~çkd on th" property, and
all easements, appurtenances, amI fixtur~s now or hereafter a part l)f the property. All
replac~ments and additions shall also he covered by this S~curity Instrum"nl. All of the
foregoing is rdÌ::rred to in tlJis Seçurity Instrullwnt as the "Property," Borrower understallds and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if neçessary to comply with law or' custOllJ, MERS (as nominee for Lender and
Lender's successors and assigns) has the right: to exercise any or all of those int~rt:sts,
including, but not limited to, the right to foreclose and sell the Property; and (n take any actinn
required of Lender including, but not limited to, releasing and canceling lhis Security
Instrument. ~l)
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BORROWER COVENANTS that Bünuwer is lawfully seised of the estate hereby
çonveyed and has the right to mortgage, grant and çonvey the Property and that the Property is
unencumbered, exœpt for encumbranœs of recürd, Borrower warrants amI will defend
generally the title to the Property against all daims and dernamls, subjed to any encnrnbrances
of record,
TI1JS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, amI Late
Charges, Borrower shall pay when due the prine ipal of, and interest on. the debt evidenced by
the Note and any prepayment charges and late charges due under the Not\::. Burrower shall also
pay funds for Escrow Items pursuant to Scc!iun 3. Payments due under the Nol" and this
Security Instrument shall be made in U ,S, çurrençy. However, if any check or othcor instnlIllc'llt
reçeived by Lender as payment und.:r the Note or (his Security Instrument is returned to Lender
unpaid, Lender may require that any or all subsequent payments due umler the Note and this
Security Instrument be made in OIle or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (L:) œrtified check, bank cheçk, treasurer's çheck or cashier's L:heL:k,
provided any such çheck is drawn upon an institution whose deposits are insured by a fed"ral
agency, instrumentality, or entity; or (d) EJectrnnic Funds Transfer,
Payments are deeme:d reœive:d by Lemler when re:L:(:ive:d al the ]()cali\)n designated in
the Note or at sud) other location as may be designated by Le:nder in aCL:ordanL:e with the notiçe
provisions in Section 15, Lender may return any payment or partial payment if the payme:nt or
partial payments are insuffiçjent to bring the Loan cunent. Le:nder may accept any payment or
partial payment insuftïcie:nt to bring the Loan current, without waiver of any rights hereunder or
prejudice: to its rights to ref11se sllch payment or partial payments in the future, hut Lende:r is not
obligate:d to apply such payments at the time: suçh payments are açcepted. If each PeriodiL:
Payment is applied as of its scheduled due: date, then Lemlt::r w:t:d not pay interest on unapplied
funds, Lemler may hold such unapplied funds until Borrower rnake:s payment to bring (ht: Loan
current. If Borrower does not do so within a reasonable pe:riod of time, Lender shall either
apply such funds or return them to Borrower. If not applied earlie:r, SUL:h funds will be: applied
to the outstanding principal balance und",r the Note imme:diatdy prior tu furec]usurt:. Nu offsel
or claim whidl Bonower might have now or in the futuft: against Lt:nder shall rdie:ve BO!Tuwer
from making payments due unde:r the Note and this Security Instrumeut ur pert()rrning the
covenants and agreements secur",d by this SeL:urity Instrument.
2. Application of Payments or Proceeds. Excc:pt as otherwise de:scrihed in this
Section 2, all payments acce:pted and applied by Lel1ll",r shall he applied in thl' 'ullowing urde:r
of priority: (a) intt:rest due under the Note; (h) principal due under the Note; (c) amounts due
under Section 3, Such paYIl1e:nts shall be applj(:d [0 c:ach P"riodic Payment ill the order in which
it became: due, Any remaining amounts shall he applied first to late charges, st:cond to any other
amounts due under this Security InstnlJnellt, ami tht:lI to reduçe tile principal b,dance uf the
Note.
LOAN NO: 588253203
WYOMING h Sin~1o F:unily·· Fa,"~e ~1'eiFredJi, ~Ia" lINIF()R~IINS1IUlMEN"1
GI\1ACM - CI\IS.0042.WY (000]) (Page 40/18)
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If Lender re<.:tives a payment from Borrowtr for a ddinquent Ptriodic Payment which
includes a suftìcient amount to pay any late <.:harge due, the payment may be applied to the
ddinquent payment and the late charge, If more than one Periodic Payment is outstanding,
Lemler may apply any payment received from Borrower to the repaYlIJtnt of the Periodic
Payments if, ami 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 bt applied to any late chargts due. Voluntary prtpayments shall bt applied
first to any prtpaymtut charges and thtn as des<.:ribed in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Note shall not extend or postpone tht due date, or change the amount, of
the Periodic Payments.
3. Funds fo,' Escrow Items. Borrower shall pay to Lender on the day Periodic
Payments are due under the Note, until tht Note is paid in full, a slim (the "Funds") to p")vide
for payment of amounts dut for: (a) taxes and assessmtnts and other items which can attain
priority OVer this Security Instrument as a litn or encumbran<.:e 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 prtmiums, if any, or any sUlns
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 "Escrnw Iterns," At
origination or at any time during the term of the Loan, Ltnder may rtquirt that Community
Association Dues, Fees and Asstssnknts, if any, he escrowed by Borrower, and such dues, fees,
and assessments shaH be an Escrow Item. Borrower shall prnmptly furnish to Lendtr all notices
of amounts to be paid under this Stction. Borrower shall pay Ltnder the Funds for Escrow
Items unless Lender waives Borrowtr's obligation to pay the Funds for any or all Escrnw Ittms,
Lender may waive Borrower's obligation to pay to Lender Funds for any or aJl Escrow Jltrns at
any time. Any such waivtr may only be in writing. In tht event of such waiver, Borruwtr shaJl
pay directly, when and where payable, the amounts due for any Escrow (terns for which
payment of Funds has heen waived hy Lender and, if Lender requirts, shall furnish to Lemler
rectipts evideneing such paymtnt within such tim.: period as Lender may require. Borrower's
ohligation to make sud! paymtnts and to prnvidt: rectipts shall for aH purposes be deemtd 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 waiwr, and Borrower fails to pay the amount dUt for an Escrow Ittm, Lender may
exercise its rights under Section 9 and pay such amount and Borrower shall then be obI ¡gated
under Section 9 to repay to Lender any such amount. Lendtr 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 FUllds, and in such amounts, that art then rtquired
under this Section 3.
Lender may, at any time, collect and hold Funds ill an amollut (a) sufficit:nt to ptrmit
Lender to apply the Funds at the time specified under RESP A, and (b) nut to txcetd the
maximum amount a lender can require under RESPA. Ltnder shall estímak the amoullt of
Funds due on the basis of current data and reasonable estimaks uf expenditures of fUltll<: Escrow
Items or otherwise in accordanct with Applicablt Law.
LOAN NO: 588253203 W ~
\VYOìUING .. Single Fà'hUy" Fàl"ic "bdFréddi< "bc UNIFORM INSTRUMENT [<'''1"111.1051 1101 _.- . fþ
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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
an: so insured) or in any fí:daal Home Loan Bank. Lender shall apply the funds to pay the
Escrow Items no later than the tin(; specified under RESPA. Lemkr shall not charge Borrower
for holding and applying the Funds, annually analyzing the esçrow açcollut, or verifying the
Escrow ht::ms, unless Lendt::r pays Borrown inkrest on the Funds and AppJ icalJ!t:: Law permits
Lender to make such a charge, Unless an agreement is made in writing or Applicable Law
requires inteæst to be paid on the Funds, Lender shaJl not bt:: required to pay BnrltJwer any
intert::st or earnings on the Funds, Borrower and Lender can agret:: in writing, howt::ver, that
interest shall be paid on the Funds, Lt::ndt::r shall give to Bnrrower, without charge, an allnual
accounting of the Funds as rt::quired hy RESPA.
f tllere is a surplus of Funds held in esnow, as dd'inecl under RESPA, Lt::nder shall
account to Borrowtr for the excess funds in accordance witll RESPA, If thtre is a shnrtage ()f
Funds held in escrow, as ddìned unda RESP A, Lemler skill notify Borrower as required by
RESP A, and Borrower shall pay tn Lender the amnuut necessary to make up tlw shnrtage in
accordanœ with RESP A, but ii1 no mort than 12 monthly payments, If there is a deficiency
of Funds held in escrow, as defined under RESPA, Lt::nder shaJl notify Borrower as required by
RESP A, and Borrower shall pay to Lender the amount necessary to make up tht:: dd'iciency in
accordanct:: with RESP A, but in no more than 12 monthly payrnents.
Upon paYlnent in full of all sums secured by tllis Security (nstrument, Lender shall
promptly rd'und to Borrower any Funds hdd by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fints, and
impositions attributablt to the Property which can attain priority o\'t::r this Sec·mity (nstrument,
leasehold payments or ground rt::nts on the Property, jf any, and Community Associatioll Dut::s,
Fees, and Assessments, if any. To tht:: t::xtent that thest:: items are Escrow htllìs, Borrower shall
pay them in the maImer provided in Section 3.
Borrower shall promptly dischargt:: any lien whiçh has priority nver this Security
Instrument unless Borrower: (a) agrees in writing to the payment ()f the ohlig~t(inn secured by
tht:: I ien in a manner acceptablt:: to Leuder, but nnly so long as Borrower is performing such
agreement; (b) l:outests the lien in good faith by, or defends against t::nftHTelllent of the: I ií:n in,
legal proceedings which in Lelider's opinion nperatt:: to prevent the t::nforctul\;nt ()f the liell while
those proceedings are pending, but only untiJ stlçh prn(;tt::dings are concluded; ,)r (c) st::cures
from the holdtr of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is suhject to a Jien
which can attain prinrity over this Stcurity lustrurnent, Lelldtr may givt:: Borrowt::r a notiet::
identifying tht:: lien. Within 10 days of (he date on which that notice is given, Borrower shall
satisfy the lit::n or take one nr more of the actions set forth abnve in this Section 4,
Lender may require Borrower to pay a olle-time l:harge for a real estate tax vtrificatinn
and/or reporting service used by Lender in connt::ction with this Loan,
5, Property Insurance. Bnrrower shall ke:ep the jmpnJwments IJnw existing or
hertafter eæctt::d on the Property insured against loss by fi rt:: , hazards illcluded within the term
"extended coverage," and any other hazards including, hut not limited to, earthquakes and
tloods, for which Lender requires illsurançe, This insurance sltall be maintained in the alllounts
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(induding deductible levels) and for the periods that Lender n:quires. What Lender requires
pursuant to the preceding sentences can change during the term of the Loan, The insurance
carrier providing the iusurance shall be chosen by Borrower subject to Lender's right to
disapproVt:: Borrower's choice, which right shall not be exercised unreasonably, Lemler may
require Borrower to pay, in connection with this Loan, eitllt.:r: (a) a one-time charge fur t1()ud
zone dett:nnination, certification and tracking services; or (b) a one-time charge for flood wne
determination and certification services and subsequent charges each time remappings Ul similar
changes occur which reasonably might affect such determiuation or certitìcation, Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resulting from an
objeçtiun by Borrower.
If Borrower fails to maintain any of the 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 cuverage shall cuver
Lender, hut might or might not protect Borrower, Bllrrower'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. Burrower acknnwledges that the cost uf the insllfance
coVt::rage so uhtained might significantly exceed the cust of insuranct that B\)rrower cuuld have
obt,lined, Any amounts disbursed by Lemler under this Sect inn 5 shall become additional dtbt
of Borrower secured by this Security Instrument. These amounts shall btar inkrtst at tht Note
rate from the date of disbursement and shall be payahle, with such inttrest, upon notice from
Lender to Borrower requesting payment.
All insurance pnlicies rtquired by Lender and renewals nf such policies shall be subject
tn Lender's right to disapprove such policies, shall include a standard mortgage claUSt, and shall
name Lemltr as mortgagee and/or as an additinnal loss paYte. Lender shall han: the right to
hold the policits and renewal certificatts. If Lender requires, Borrower shall promptly giVt:: to
Lender all receipts uf paid premiums and rentwal notices. If Borrower nbtains any furm of
insurance cOVt::rage, not otherwise required by Ltndtl, for damage tn, or dtstructinn of, tht
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 of luss, Borrnwtr shall give prompt notice tn tht insurance carrier and
Lender. Lendtr may make proof of loss if not made promptly by Borrower. Unltss Lender and
Borrower otlltrwise agree in writing, any insurance proceeds, whether or nut the undtrlying
insurance was required by Lemler, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessentd, During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Prnptrty to ensurt the work has betn completed
to Lender's satisfaction, provided that such inspection shall be undertaktn promptly, Ltnder
may disburse procetds 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 prnceeds, Lemler shall not be
rtquired to pay Borrower any interest or earnings on such proceeds. Fees for puhlic adjusters,
LOAN NO: 588253203
\YYOI\-IING .. Single Family·· F<lIuu, ~lad'rcddi, ~hc lINIFURM INSTR!I~IENT
GJ\IACi\I-Cì\1S.0042,WY (0001) (Page 7 of 18)
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or other third parties, rt;tained by Borrower shall not be paid out of the insurance pn)ceeds am)
shall be the sole obligation of Borrower, If tht:: rtstoration or repair is not econolllically ft::asihlt
or Lender's security would be Itssened, tht:: insurance prnct::eds shall be itpplit::d to tht:: SlllllS
st::cured by this Security lllstrument, whdht:r or nut then due, with tht:: excess, if allY, paid to
Borrower. Such insurance proceeds shall he applied in the ordtr provided for in Section 2.
If Borrower abandons the Property, Lender may tile, uegotiate and settle any ¡wadable
insurance claim and n:lated matters, If Borrower cloes not n:spnlld within 30 days to a nntice
from Lt::mler that the insurance carrier has oftÚt:d to settle a cbilll, then Lender Illay negnt iate
and st::ttle the cJaim. The 30-day period will b<:gin wht::n tht:: notice is giwn. In eitJ¡er eWllt, or
if Lender acquires the Property under Section 22 or otherwise, Borrower hert:by assigns to
Lender (a) Borrower's rights to any insurance proceeds in an amount lll)t to exceed (he amOl/nts
unpaid under the Note or this Security Instrument, am) (b) any other of Burrown's rights (other
than the right to any refund of unearned premiums paid by Borrowt:r) under all illsurance
policies covering the Property, insofar as such rights are applicable to the cowrage of the
Property. Lender may use the insurance proceeds either to rt::pair or rt::stOre the Property or to
pay arnounts unpaid under the Note or this Security Instrument, whether or not then due,
6. Occupancy. Borrower shall occupy, establish, alld use the Property as Borrower's
principal residence within 60 clays after the exeçution of this Security TnstrunIt::nt and shall
continue to occupy the Property as Borruwer's principal residence fur at ]t::ast one year after the
date of occupancy, unless Lender otherwise agrees in writing, wh ich cunst:nt shall not be
unreasonably withhelcl, or u¡ùess t::xtenuating circumstances exist which are beyond Borrower's
çontrol.
7, P¡:eservation, Maintenance and Protection of the Property; Ins¡Jéctions,
Borrower shall not destroy, damage or impair the Property, alluw tht Property to dderiorate or
commit waste tH1 the Property. \Vhtthtr ur llot Borruwer is residing in the Property, Borrower
shall¡l1ilÌntain the Property in ordt:r tu prewllt the Propt:rty frolll deteriorating or decreasing in
value due to its condition. Unless it is determined pursuant to S¡;ction 5 that repair or
restoration is not economically ftilsible, Borwwer shall promptly repair the Property if damaged
to avoid furtht::r deterioration or damagt. If insurance or comlemnation proct::<:ds are paid in
cUlUleçtion with damage to, or the taking of, the Property, Borrower shall be responsiblt:: for
rtpairing or restnring the Proptrty only if Lender has rdeased proce¡;ds for such purposes.
Lemler may disburse proceeds for the repairs and restoration in a singh: payment 01 in a serits of
progress payments as the work is complettd, If the insurance OJ" comlemnation proç<:eds arc not
sufficient to repair or restore the Property, Borrower is not rdieved of Borrower's obligation for
the completion of s11ch 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 tbe Property,
Lender shall give Borrower notice at the time of nr prior to s1lçh an interior inspection
specifying such reasonable cause.
8. ßorrower's Loan Application. Borrower shall he in default if, during the Loan
application proçess, Borrowt::r or any persons or t::ntities acting at the dirt::ction of Borrowèr or
with Bl)rrower's knowledge or consent gave máterial1y false, misltading, OJ" ilIaccnrate
information or statements to Lt::ndt::r (or failed to provid¡; Lt::m)er with matc:rial information) in
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connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Unde,' this Security
Instrument. If (a) Borrower fails to perform the covenants am] agreements contained in this
Security Instrument, (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 cOllllemnation or furfeiture, for enforcement of a lien which rnay attain
priority owr this Security Instnnnent or to enforce laws or regulations), or (c) Borrow.;r has
abandoued the Property, then Lemler may do and pay for whatever is reason~1ble or appropriate
to protect Lender's interest in the Property and rights uuder this Security Instrument, including
protecting ami/or assessing the value of the Property, amI securing and/or repairing the
Property, Lender's actions can include, hut are not limited to: (a) paying any sums secured by a
lien which has priority over this Security Instrument; (b) appearing in C¡¡urt; and (c) paying
reasonable attorneys' fees to protect its interest in the Property am]lor rights under this Security
Instrument, including its secured position in a bankruptc:y proceeding. Securing the Property
includes, but is not limited to, t:ntering the Property tn make repairs, change locks, replace or
board up doors and windows, drain water from pipes, diminate building or other code
violations or dangernus conditinns, and have utilities turned on or off, Although Lemler may
take action under this Seetinn 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 this Section 9.
Any amounts disbursed by Lender under this Sectinn 9 shall become additional debt of
Borrower secured by this Security Instrumt::nt. These amounts shall bear intert::st at the Nott rate
from the date of disbursement and shall be payable, with such interest, upon Il¡¡tice f(l)m Lemler
to Borrower requesting payment.
If this Security InstnnTIent is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Prnperty, the leasehuld and tht fee
title shall not merge unless Lender agret:s to tht merger in writing.
10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan, Borrower shall pay the premiums rt:quirtd to maintain the Mortgagt: IlIsurance
in effect. If, for any reason, the ~v1ortgage Insurance coverage required by Lender ceases to he
available fn>m the mortgage insurt:r that previously provided such insurance alld 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
stlected by Lender. If substantially equivalent Mortgage Insurance coverage is not av,¡ilahle,
Borrower shall continue to pay to Lendtr the amuLlnt of the separately designated paymtnts that
weredut when the insurance coverage ceased to he in effect, Lt:nder will accept, use and retain
these payments as a non-refundable loss reserve in lieu of Mortgage (nsurance. Such loss
reserve shall be non-refundable, notwithstanding the fact that th.; Loan is ultimatdy paid in full,
and Lemler 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
LOAN NO: 588253203 . . ~~
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amount and for the period that Lender requires) provided by an insurer selected hy Lender again
becol11ts available, is obtained, and Lender requires separately dtsignated paymtnts toward the
premiums for Mortgage Insurance, If Lender required Mortgag" Insurance as a condition of
making ¡h¡; Loan and Borrower was requir¡;d (0 mak¡; separately designaltd payments toward the
premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain
Mortgage Insurance in effect, or to prnvide a non-refundahle loss r"Strve, until the Lender's
requirement for Mortgage Insurance ends in accordance with any writltn agre¡;mtllt between
Borrower and Lender providing for such termination or until termination is required by
Applicable Law, Nothing in this Section 10 affects Borrower's ohligation to pay inttr"st at the
rate provided in the Note.
Mortgage Insurance reimhurses Lender (or any entity that purchasts the Nott) for
certain losses it may incur if Borrower dOtS uot repay the Loan as agreed. Borrower is not a
party to the Mortgage Insurance.
Mortgage insurers evaluate thtir total risk on all such iusuranct in force from time to
time, and may e:nter into agre:tme:nts with other p,lfties that shart or ¡nodify their risk, or n:dlll.:e
losses. These agreements are on tc:nns amI conditions that are s;ltisfactory to the mnrtgage
insurer and the other party (or panies) to thest agreenltnts, The:se agreenJtnts may r"Cjuire the
mortgage insurer to make payments using any source of funds that the nluIlgag" insurtr may
have availablt (which may includ¡; funds obtained from Mortgagt Insurance: premiums).
As a result of thest agrtements, Lender, any purchaser of tht Nott, another insurer,
any reinsurer, any nther entity, or any affiliatt of any of the foregoing, illay rective (dirtctly or
indirectly) amounts that dtrive from (or might he charact"riz"d as) a lnrtiou uf Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the morrgag" insurer's
risk, or reducillg losses. If such agree:me:nt provides that an affiliatt of Le:nd"r takes a share: of
the insurer's risk in e:xchange for a share of the prtmiums paid to the insurer, the arrangemeut 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 lIot
increase the amount Borrower will owe for J\lortgage Insurance, alld 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 inclllde the right to receive certain disclosures, to reqllest and
obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance !énnillated
automatically, alld/or to receive a refund of any Mortgage Insurance prenliums that were
unearned at the time of such c~mcellation or termination.
11. Assignment of l\1iscellaneolls Proceeds; Forfeiture. All 1'v1iscelJaneolls Proceeds
are hereby assigned to and shall he: paid to Lender.
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If the Property is damaged, such Miscdlanenus Proct;e:ds shall be applied to restnration
nr repair of the Property, if the restoration or repair is economically feasible ami Lt;nder's
security is not lessened. During such repair alld restoration perind, Le:ncler shall have t¡e: right
to hold suc¡ Miscdlaneous Proceeds until Le:nder has had an npportunity to illsptct such
Property to ensure the: work has bten completecl to Lender's satisfaction, prnvided that such
inspect inn shall be undertaken promptly, Lendtr may pay for tilt repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. U nl.:ss an
agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lendtr shall not be required to pay Borrower any interest or eamings
on such Miscellanenus Proceeds, If the rtstoration or repair is not economically fe:asible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to tht; SllIns
secured by this Security Instrument, whether nr not t¡en due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proct;çds shall be applic:d ill the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Pmperty, the
Miscellaneous Procee:ds shall be applied to the slims secnrt;d by this Security Instrument,
whether or not the:n due, with the: excess, if any, paid to Borrower.
In the event of a partial taking, de:struction, or loss in value: of the Property in which
the fair market value: of the: Property immediately b¡;fore: the partial taking, destruction, or loss
in value is e:qual to or greater than the: amount of the slims secnre:d hy this Se:curity Instrume:nt
imme:diatdy before the: partial taking, dt;struction, or loss in value:, unle:ss Borrower and Lende:r
othe:rwise agree in writing, the sums securc;d by this Security Instrument shall he reduced by the
amount of the Miscdlaneous Proçe:e:ds multiplied hy the: following fraction: (a) the: total amount
of the: sums se:cured imme:diatdy before the: partial taking, destrlli.:tion, or loss in vallie divide:d
by (b) the fair markd value: of the Property imme:dialdy bc:fnre: the: partial taking, de:struclion, nr
loss in value, Any balance shall be paid tn Borrower.
In the e:vent of a partial taking, destruct inn, or loss in value of the: Prope:rty in which
the: fair market value of the: Property immc:diatdy bc:fore: the partial taking, de:structinn, or loss
in value is less than the: amount of the: Slllns secured immediatdy before the: parlial taking,
destruction, or loss in value, unless Borrower and Lende:r otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the: sums securc:d by this Security Instrument whc;ther
or not the sums are then clue.
If Ihe Property is abandoned by Borrower, or if, after notice hy Lende:r to Borrower
that the Opposing Party (as defined in the next sentence) offers to make an award 10 settle a
claim for damages, Borrower fails to respond to Lender within 30 days after the date the: notice
is given, Lender is authorized to collect and apply the Miscellaneous Proceeds eithe:r to
restoration or repair of the Property or to the sums secured by this Sc:curity Inslrume:nt, whether
or nol then due, "Opposing Party" means the third party that owes Borrower Miscellane:ous
Proceeds or the: party against whom Borrower has a right of action in regard 10 Misce:llaneous
Proç¡;eds,
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Borrower shall he in default if any actioll or proceeding, whdher civil or criminal, is
begun that, in Lender's judgment, could result in forfeiture of tll<.: Property nr other material
impainnent of Lender's interest in the Property or rights under ¡his Sc;curity lllstrument.
Borrower can cure such a default and, if acct:kration has occurred, rt:instak as providt:d in
Section 19, by causing ¡he action or prm;t:eding to he dismisst:d with a ruling that, in Lender's
judgment, predudes forkiture of tht: Property or other material irnpairment of Lender's interest
in the Property or rights under this Sel:urity Instrument. The proceeds of any award or claim for
damages that are attributable to the impairmt:nt of Lender's intt.:rest in the Property are hc;reby
assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of thl;: Property
shall be applied in the order provided for in Section 2.
12, Borrower Not Released; Forbearance By Lender Not a "'aiver, Extension of
the tinle for payment or modification of arnortization of the sums secured by this Security
Instrument grankd by L,::nder to Borrower ur any Successor in Intert.:st of Borrower shaJJ not
operate to release the liability of Borrower or any Successors in Interest of Borrower. Lemler
shall not b¡; required to commence proceedings against any Successor in Interest of Borrower or
to refuse to ext¡;nd time for payment or oth¡;rwise modify amortization of the sums st:cur¡;d by
this Security Instnnnent by reason of any d¡;mand made by the original Borrower or any
SUl:cessors in Interest of Borrower. Any forb¡;arance by L¡;ml¡;r in exercising any right or
remedy including, without limitation, Lender's aCl:eptance of payments from third persons,
entities or Successors in Interest of Borrower or in amounts kss than the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Seve'al Liability; Co-signers; Successors and Assigns Bound.
Borrower covenants and agn:::es that Borrower's obligatious and liability shall be j'Jilll alld
several. However, any Borrower who co-signs this S¡;curity Instrument but does not eXt:l·ut¡; the
Note (a "co-signer"): (a) is co-signing this Security Instrument only to lIlortgag.;, grant and
convey the co-signer's interest in the Pwperty under the terms of this Security Instrum¡;nt; (b) is
not personally obligakJ to pay the sums sel:un::d by this Security Instrull1¡;nl; and (c) agrees that
Lender and any other Borrower cau agr¡;e to ¡;xknd, modify, forh¡;ar or make any
aCl:ommodations with r¡;gald to the krll1s of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Sel"tion 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this S¡;l:urity Instrument in writing, and is apprnvt.:d by
Lender, shall obtain all of Borrower's rights and benèfits under this Security Instrumt::nt.
Borrow.;r shall not be released froln Borrower's obligations and liability under this S¡;curity
Instrument unless Lender agrees to such releas¡; in writing. The I:ovellants and agr¡;ellwnts of
this Security Instrum.;nt shall hind (except as provided in Section 20) and h¡;lH.:fit the successors
and assigns of Lender.
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14, Loan Charges, Lender may charge Borrower fees for services perfurmed in
connet.:tion with Borrower's default, for the purpose of protet.:ting Lemler's iBten:st in the
Property and rights under this Security Instrument, im:luding, but nut limited to, attorneys' fees,
property inspection aud 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 nut he construed
as a prohibition on the charging of such fee, Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets rnaxil11urn loan charges, aud that law is finally
interpreted so that the interest or other loan charges collected or to he collected in connection
with the Loan exceed the permitted limits, then: (a) any such loan charge shall he reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any Slnns already colleçted
from Borrower which exceeded permitted limits will be refunded to B'lrrower, Lemler may
choose to make this refund by reducing the principa] owed under the Note ur by making a direct
payment to Borrower, If a refund reducts principal, the reduction will bt treattd as a partial
prtpayment without any prepayment charge (whether or not a prepayment charge is provided fur
under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrowtr will constitutt a waiver of any right of actiun Borrower rnight have arising out uf such
overcharge.
15, Notices. All Notices given by Borrower or Lender in connection with this
Security Instrument must be in writing. Any notict to BOITuwer in cunnection with this Security
Instrument shall be deemed to have been giVtll to Borrower when mailtd by first class mail or
when actually delivered to Borrower's notice addn:ss if Stnt by other means, Nutice to anyone
Borrower shall constitute notict to all Borrowers unlt::ss Applicahle Law expressly requires
otherwise. The notice address shall be the Property Address ullless Borrower has designaltd a
substitute notice address by notice to Lender. Borrowtr shall promptly Butify Lender of
Borrower's change of address. If Ltnder specifies a proœdurt for reporting Burrower's change
of address, then Borrower shall oBJy report a çhange of address thwugh that specified
procedure, There may be oltly one designated notice address under this Security InstrumeBt at
anyone time. Any notice to Lender shall be giwn by deliveriBg it or by mailing it by first
class mail to Lender's address stated herein unkss Lender has designated another address by
Botice to Borrower. Any notice in conntctinn with this Security Instrument shall nul be deemed
to have been giwn to Lender until actually rectived by Lender, If any notice n:quirtd by this
Security Instrument is also required under Applicable Law, the Applicable Law requirtment will
satisfy the corresponding requirtment under this Security Instrument.
16. Governing Law; Severauility; Rnks of Construction. This Security Instrument
shall be governed by federal law and the law of the: jurisdiction in which tht Property is Jucated.
All rights and obligations contained in this Stcurity Instrument are subject tu any requirements
and limitatiuIls of Applicable Law. Applicahle Law might expl icitly or impl ic itly alluw the
parties to agree by contract or it might be siltnt, but such silence shall not be construed as a
LOAN NO: 588253203 .. /~~ I
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prohibition against agreement by contract. In the event that any provision or clausc of this
Security Instrument or the Note contlicts with Applicablc Law, such contlict shall not affect
Óther provisions of this Security Instrulllent or thc Note which can be given effc¡;[ without the
contlicting provision.
As used in this Security Instrument: (a) words of the mascul ine gender shall mean and
include corresponding neuter words or words of the fcminine gender; (b) words in the singular
shall mean and include the plural ami vice versa; amI (c) the word "may" gives soil:' discretion
without ,my obligation to take any action.
17, Borrower's Copy. Borrower shall be given one copy of the Note and of this
SI:'curity I Ilstrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" ml:'ans any legal or hl:'neficial interest in the Property,
including, hut not limited to, those beneficial interests translÌ::rred 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 future date to a purchaser.
If all or any part of the Property or any Intl:'rest in the Property is sold or transferred
(or if Borrower is not a natural person and a heneficial interest in Borrower is sold or
transferred) without Lender's prior written consent, Lender may require immediate payment in
full of all sUlns secured hy tllÌs Security Instrument. Huwever, this optiun shall not hI:' cxercised
hy Lender if such exercise is prohihited hy Applicable Law,
If Lender exercist::s this optinn, Lendt::r shall give Borrower notice of a~'cekratinn. The
notice shall provide a period of not less than 30 days froll1 the date the notice is given in
accnrdance with Section 15 within which Borrower must pay all sums secured hy this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument \\ithout further notice ur demand
un Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Bl)JTower Ineels certain
conditions, Burrower shall have the right to have enfnrcement uf this Se:curity Instrument
discontinued at any tirne prior to the t:arliest of: (a) five days before sale of the Property
pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the lerrninatÌon of Borrower's right to reinstate; or (c) cntry of
a judgment enforcing this Security Instrument. Those conditiuns are that Borrowcr: (a) pays
Lt::nder all smllS which then would he: due under this Security Instrllmcnt alld the Note as if no
acceleration had occurred; (I» Cl1rcS any default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonahle attorneys' fees, propcrty inspection and valuatiun fees, and tither Ites incurre:d for the
purpose of protecting Lender's interest in the Property and rights ullder this Security Instrument;
and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
Property and rights under this Security Instrument, allll Burrower's ubligatiun to pay the Slims
sccured by this Security Instrumellt, shall continue unchanged, Lender llIay require that
Borrower pay such reinstatemelit Slims and expenst's in nne or more of tht: following f'HlllS, as
sc:lected hy Lender: (a) cash; (h) muncy order; (c) certified dIeck, hank check, treasurer's check
or cashier's check, provi\lecl any such check is drawn upon an institlitiun whose del'tlsits are
insured by a federal agency, instrumental ity or entity; t>r (J) Electrnnic FlIlIds Transfer.
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Upon r~instateJl]ent by Borrower, this Security Instrunwnt and ohligations secureLl her~by shall
remain fully dfective as if no acceleration hall occurred, However, this rigllt to reinstate shall
not apply in the case of acceleration umlt:r 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) çan be sold one or more
times without prior notÎçe to Borrower, A sale might result in a change ¡in the entity (known as
the "Loan Servicer") that çollects Periodiç Payments due under the Note and this Seçurity
Instnnnent and pt:rforms other mortgage loan serviçing obligations undel' (he Note, this Security
Instrument, and Applicabk Law. Then: also might be one or more changes of tht: Loan Serviœr
unrelated to a sale of the Note. If there is a çhange of the Loan Servict:r, Borrower will be
given written notice of the change whjdl will state the name and address of the new Loan
Servic~r, tht: aLldress to which payments shoulLl be made and any other information RES? A
requires in çonntction with a notice of transfer of servicing. If the Note is sold and thert:after
tIle Loan is serviced by a Loan Servicer other than the purchaser of (he Note, tho: mortgagt: loan
servicing obligations to Borrower will remain with the Loan Servicer or ho: transfent:LI to a
suçcessor Loan Servicer and are not assumt:d by the Note purchaser unl~ss otherwise provided
by the Note purchaser.
Neither Borrower nor Lendt:r may commence, join, or be joined to any judiçial açtion
(as either an individual litigant or the member of a dass) that arises from the other party's
açtions pursuant to this Seçurity Instrument or that aJleges that tht: other party has brt:ad1t:d any
provision of, or any LIuty owed by reason of, this Security ]nstrument, until suçh Borrower or
Lender has notified the other party (with such notiœ given ill complianœ with the requiremt:nts
of Section ]5) of such alleged breach and affordeLl the other party hereto a reasonable pt:riod
after the giving of such notice to tak!: corrective action. If Applicable Law provides a time
period which must eLlpse before certain action can be taken, that time perioLl will be det::lIled to
be reasonable for purposes of this paragraph. The nlJtiœ of açcelt:ration and 0pplJrtunity to çLlfe
given to Borrower pursuant to St::ction 22 and the nlJtiçe of acct::kration given to Borrower
pursuant to Seçtion 18 shall bt detmtd to satisfy the notice amI opportunity to take çorreçtive
action provisions of this Section 20.
21. Hazardous Substances. As ustd in this Section 21: (a) "Hazardous Substances"
are those substançes ddïned as toxiç or hazardous substances, pollutants, or wastes by
Environmental Law and the following substanœs: gasolint, kèrost::ne, other tlammabk or toxic
petrokum products, toxic ptstiçidt::s and herbicides, volatile solvents, matt::rials containing
asbestos or f(jrmaldehyde, and radioaçtive materials; (b) "Environmtnta] Law" means federal
laws and laws of the jurisdiction where the Property is located that relatt: tu ht::alth, safety or
environmtntaJ prott:L:tion; (c) "Environmental Cleanup" includes any responst: açtinn, remedial
action, or removal action, as LIefined in Environmental Law; and (d) an "EnvirolJJJ1entaJ
Condition" means a condition that can çause, contribute to, or otherwise trigger an
Environmental Cleanup.
Bnrrower shall nut çause or permit the presence, use, disposal, storage, or relt-ase of any
Hazardous Substances, nr threaten to rekase any Hazardous Substanœs, UJ} or in the P(Jperty.
Borrower shall not do, nor allow anyone elSt to do, anything affeL:ting tht Property (a) that is in
violation of any Environmental Law, (b) whicl1 creates an Environnwnta] Condition, ur (c)
which, dUt to the presençe, use, or release of a HazanhHls Suhstance, creates a umdition that
LOAN NO: 588253203
\VYOI\UNG .. Single FamjJy.. Fanni. ~b.!F«Jdi. ~Iac UNIFORM INSrRU~IENT
GI\L\CM - C\IS.OO·U.WY (0001) (Page 15 oflB)
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aùversdy affects the value of the Property, The preceding two selltences shall llot apply to the
presence, use, or storage on the Property of small quantities l¡f Hazardous Substances that are
generally recognizeù to be appropriatt to normal residential uses anù to mainttnance of the
Propc::rty (induding, but not limiteù to, hazardous substances in consl1Iner products).
Borrower shall promptly give Lender written notice of (a) allY investigatioll, daim,
demand, lawsuit or other action by any governmental or regulatory agency or private party
involving the Property and allY Hazardous Substance or EnvirolJnental Law of which Borrower
has actual knowledge, (b) any Environmelltal Condition, including but not limited to, any
spilling, leaking, ùischarge, releas<ò or threat of rdease of any Hazardous Substance, aud (c) any
conditiou caused by the presence, lIse or release of a Hazardous Suhstanc<ò which adwrsdy
affects the value of the Property, If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any rellJoval or other remediation of any
Hazardous Suhstance affeL:ting tIle Property is necessary, Borrower shall promptly take ;,11
necessary remedial actions in accl>rdance with Environmental Law, Nothing henòill shaH create
any ohligation on Lender fur an Environmeutal Cleanup.
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 acceleratiou under Section 18 unless Applicable Law proYides
otherwise). The notice shall specify: (a) the defalllt; (b) the action reqllired to cllre thc
default; (c) a date, not less than 30 days from the date thc notice is givcn 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 secllred by this Security
Instrument and sale of the Property. The notice shall further inform Borrowcr of the right
to reinstate after acceleration and the right to bring a court action to asse¡'t 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 datc specified in the notice, LeJlller at its option may
require immediate payment in filII of all sums sccured by this Secllrity Instrument without
further dcmand 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, reasonal,le attorneys'
fees and costs of title evidence.
[f 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 acconLmce
with Applicable Law. Lender shall give notice of the sale to Borrower in the manner
provided in Section 15. Lender shall puLlish the notice of sale, and the Property shall be
sold in the manner prescribed by Applic.lhle Law, Lender or jts designee may purchase the
Property at any sale. The proceeds of the sale shalllH: 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 [nstrument; and (c) any excess to the person or persons
legally entitled to it.
\Vyo:vnNG .. Singk Fam"r·· F,"uut ~,d'rcJ,lic iliac UNIFO(M INSl(!I~1ENT l<'oml3051 110~ /~l R ¡I-
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23, Release. Upon paym~nt of all sums s~curt:d by this St:curity Instrument, LellCl~r
shall re]~ase this S~curity InstrulJwnt. Borrow~r shall pay any r~cordati(JlJ costs. L;nd~r may
charge Borrower a fee for rdeasing this Sel:urity Instrum~nt, but only if the fe<;: is paid to a third
party for s~rvic~s r<;:nùered and the ¡;JJarging nf tht: f~e is permitted under Applil:ablt: Law,
24. ·Waivers, Borrower rel<;:ases and waives all rights undc:r ami hy virtue of the
homest~ad exemption laws of Wyoming.
BY SIGNING BELOW, Borrower accepts and agrees to th~ terms aud covenants
contained in this Security Instrument and in any Rider executed by Borrower and ,<;:l:ordeù with
it.
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Ler~a Lorralne Uana ~
(Seal)
-Borrower
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Ku a Lea Horner
71
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(Seal)
l1o"ower
(Seal)
- Borrower
(Seal)
- B'lrruwer
LOAN NO: 588253203
Witnesses:
'VYO]\'fING .. Sin,¡;k h¡¡¡iJy -- F;1rmje ~:1~/FrtJjit t..bl llt'~IFORf\'IIN,)lI{lIr..·IENT FUI"I1I30S1 J/OI
G!\IACM- Cì\IS,OO-ll.WY (0001) (Paiie 17 oIlS)
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INDIVIDUAL ACKNOWLEDGMENT
STA TE OF WYOJ\IING, )
) SS
COUNTY OF LINCOLN )
The foregoing instrument was acknuwledged hefore me this
Decerr~er I, 2005
(dalc)
by
Leisa Lorraine and Dana Ruta Lea Horner, Tenants In Common
(pt:rSl>n aL"Klw\\'k\1ging)
My Commission Expires: 9 - 15 - 07
/dleCV?--t~/ fr. ;.:J yy /?.ß/
NUlary Public
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GLORIA K, BYERS· NUTARY PUBl.ICJ
County of ;í~~~ State .of
Lincoln \~B' Wyoming
My CommIssion Exç;ires Sept. 15. 2007
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Schedule A
Wyoming Mortgage
Given By: LeisaLorraine Dana and Ruta Lea Horner
Page 1
See attached Exhibit "A"
Part of Section 23, T34N Rl19W of the 6th P. M., Lincoln
County, Wyoming being more particularly described as follows:
BEGINNING at a point 76 rods West from the E~ corner of said
Section 23 and running thence South 11 rods;
thence West 5 rods, 10 feet;
thence North 11 rods¡
thence East 5 rods, 10 feet to the PLACE OF BEGINNING.
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