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WFHM FINAL DOCS X9999-01M
1000 BLUE GENTIAN ROAD
EAGAN, MN 55121
Prepared By:
BW MORTGAGE, LLC
808 3RD AVE SOUTH" FARGO, ND
581030000
[Space Alwve This Line For Recording Data]
MORTGAGE
RECEIVED 12/8/2005 at 3:58 PM
RECEIVING # 914324
BOOK: 607 PAGE: 205
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
DEF]NITIONS
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 lIsed in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated DECEMBER
together with aU Riders to this document.
,xx..y~~~xxxx
(B) "Borrower" is COREY J. ASHLIMAN, "X~.:fX'X'X~.Jí:"À~,,*XXXX
husband and wife
01, 2005
and Cecelia E. Ashliman,
.-!~ ,..
L',:::-f
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is BW MORTGAGE, LLC
Lender is a LIMITED LIABILITY COMPANY
organized and existing under the laws of THE STATE OF DELAWARE
0060754439
WYOMING,Single Family,Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3051 1/01
Q -6(WY) (00051
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Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated DECEMBER 01, 2005
The Note states that Borrower owes Lender ONE HUNDRED TWELVE THOUSAND NINE HUNDRED
FIFTY AND 00/100 Dollars
(U .S. $ * ** * 112 1950.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than JANUARY 01, 2036
(E) "Property" means the property that is described below under Ùle heading "Transfer of Rights in the
Property. "
(F) "Loan" means Ùle debt evidenced by Ùle Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instnullent, plus interest.
(G) "Riders" means all Riders to ù1Ïs Security Instrument Ùlat are execnted 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 CondomiIúum Rider D Second HOllle Rider
D Planned Unit Development Rider D 1-4 Fanúly Rider
o Biweekly Payment Rider 0 OÙler(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (Ùlat have the effect of law) as well as all applicable tillal,
non-appealable judicial opilúons.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges Ùlat are imposed on Borrower or the Property by a condominium association, homeowners
association or sinúlar orgalúzation.
(1) "Eledronic Funds Transfer" means any transfer of funds, other Ùlan a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, tdepholúc
instrument, computer, or magnetic tape so as to order, instruct, or authorize a tinancial institution to debit
or credit an account. Such term includes, but is not lillùted to, poillt-of-,sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, Ùle Property; (ii) conde:nmation or other taking of all or any part of the:
Property; (iii) conveyance in lieu of condenlllation; or (iv) misrepresentations of, or omissions as to, Ùle
value and/or condition of Ùle Property.
(1\1) "Mortgage Insurance" means insurance protecting Lender against Ùle nonpayment of, or det~rult on,
the Loan.
(N) "Periodic Payment" means the regularly schedu1ed amount due for (i) principal a Ill! interest unde:r the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settkmwt Procedures Act (12 U.s.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C. F .R. Part 3500), as Ùley might be amended tì'om time to
time, or any additional or Sllccessor legislation or regulation that governs the same subject matter. As used
in ù1Í.s Security Instrument, "RESP A" refers to all requirements and leslrictiol1s that are imposed in regard
to a "federally related mortgage loan" even if the Loan does !lot qualify as a "federally related mortgage
loan" under RESPA.
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(P) "Successor in Interest of Borrower" means any party that has taktll titlt to the Property, whether or
not that party has assumed Borrower's obligatiolls under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of tile Loall, and all renewals, extensions and
moditications of the Note; and (ii) tile performance of Borrower's covenants and agreements under this
Security Instrument and tile Note. For this purpose, Borrower does hereby mortgage, grant ane! cOllvey to
Lender and Lender's successors and assigns, Witil power of sale, tile following described property located
in tile COUNTY of LINCOLN
(Type of Recording Jurisdiction]
BLOCK 8 OF LINCOLN HEIGHTS
LINCOLN COUNTY, WYOMING AS
[Name of Recording Jurisdiction]
4TH SUBDIVISION TO THE TOWN OF
DESCRIBED ON THE OFFICIAL PLAT
LOT 13 OF
KEMMERER,
THEREOF.
TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX
10304, DES MOINES, IA 503060304
Parcel ID Number: 12 2116 23 2 05 066
1122 CANYON ROAD
KEMMERER
("Property Address"):
which currently has tile address of
[SIred]
[City] , Wyoming 83101 [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and tixtures now or hereafter a part of tile property. All replacements and
additions shall also be covered by ti1Îs Security Instrument. All of the foregoing is referred to in this
Security Instrument as tile "Property."
BORROWER COVENANTS that Borrower is lawfully seised of tile estate hereby conveyed aud has
tile right to mortgage, grant and convey the Property and that tile Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally tht title to tht Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due tile princip,¡J of, and interest on, the debt evidenced by tile Note ami 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 tile Note and this Security Instrument shall be made in U.S.
currency. However, if any check or otiler instrument received by Lender as payment under the Note or ùÜs
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Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instmment be made in one or more of dIe foj]owing forms, as
selected by Lender: (a) cash; (b) money order; (c) certitied 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 odler location as may be designated by Lender in accordance widl the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufticient to
bring the Loan current. Lender may accept any payment or partial payment insufticient to bring the Loan
current, widlOut waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in dIe future, but Lender is not obligated to apply sllch payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender Heed not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower malœs payment to bring
dIe Loan uurent. If Borrower does not do so within a reasonable period of time, Lemh:r shall either apply
such funds or return dIem to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note inunediately prior to foreclosure. No onset or claim which Borrower
lllight have now or in the future against Lender shall relieve Borrower from making payments due under
dIe Note and d1Ís Security Instmment or performing dIe 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 dIe Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in dIe order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any odler amounts due under dlÍs Security Instmment, and
then to reduce the principal balance of the Note.
H Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
suftïcient amount to pay any late charge due, dIe payment may be applied to the delinquent payment and
dIe late charge. If more than one: Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to dIe repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full. To dIe extent that any excess exists after dIe 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 dlen 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 dIe due date, or change dIe amount, of the Periodic Payments.
3. }"unds for Escrow Items. Borrower shall pay to Lender on dIe day Periodic Payments are due
llllder dIe 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 d]is Security Instmment 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) J\ortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance widl the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during 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 dlÌs Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay dIe Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Hems at any time. Any such waiver may only be
in writing. In dIe event of such waiver, Borrower shall pay directly, when and where payable, the amounts
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due for any Escrow Itelns 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 may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amo unts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufjicient to permit Lender to apply
the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escruw Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and áPplying the Funds, annually
analyzing the escrow account, or verifying Ùle Escrow Items, unless Lender pays Borrower interest 011 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 Ùle Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Leuder can agree in writing, however, that interest
shall be paid on Ùle Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as detined under RESP A, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as detined under RESPA, Lender shalluotify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up Ùle shortage in accordance with RESPA, but in no more than 12
monÙlly payments. If there is a deticiency of Funds held in escrow, as defined under RESP A, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender Ùle amount necessary to make
up Ùle deficiency in accordance with RESPA, but in no more Ùlan 12 mouthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to Ùle Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on Ùle Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
Ùle extent that these items are Escrow Items, Borrower shall pay them in Ùle manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over ùlÌs Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the ¡¡en in a IlIanller acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests Ùle lien in good faiùI
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of Ùle lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from Ùle holder of the lien an agreement satisfactory to Lender subordinating
ùle lien to ù1Ïs Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over ù1Ìs Secnrity Instrument, Lender may give Borrower a notice identifyÜlg the
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lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a (me-time charge for a real estate tax veriticatioll and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by tire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and t1oods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (includillg deductible levels) and for the periods Ùlat
Lender requires. What Lender requires pursuant to the precediug sentences can change during the term of
Ùle Loan. The insurance carrier providing Ùle insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender ]]jay
require Borrower to pay, in connection with this Loan, either: (a) a one·time charge for t100d zone
determination, certitication and tracking services; or (b) a one-time charge for t100d zone determination
and certification 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 Ùle
payment of any fees imposed by the Federal Emergency tvfanagement Agency in connection with the
review of any t100d zone determination resulting from an objection 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 coverage shall cover Lellder, but might or might
not protect Borrower, Borrower's equity in Ùle Property, or Ùle contents of Ùle Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that Ùle cost of Ùle insurance coverage so obtained might significantly exceed the cost of
insurance Ùlat Borrower could have obtained. Any amounts disbursed by Lellder under this Section 5 shall
become additional debt IJ f Borrower secured by ù1Ís Security Instrument. These amounts shall bear interest
at Ùle Note rate from the date of disbursement and shall be payable, WiÙl 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 shan have Ùle right to hold Ùle policies and renewal
certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums aud
renewal notices. If Borrower obtains any form of insurance coverage, not oÙlerwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to Ùle insurance carrier and Lender. LeJlder
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, wheÙler or not Ùle underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if Ùle restoration or repair is ecoJlomically feasible and
Lender's security is not lessened. 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 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 Ùle repairs and restoration in a single payment or ill 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 other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be Ùle sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, Ùle insurance
proceeds shall be applied to Ùle sums secured by this Security Instrument, whether (II' not Ùlen due, with
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the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in tile orda provided for in
Section 2.
If Borrower abandons tile Property, Lender may tile, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond wiùlÍn 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, tilen Lender may negotiate and settk the claim, The 3D-day
period will begin when tile notice is given. In either event, or if Lender acquires the Property under
Section 22 or otilenvise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under Ùle Note or this Security Instrument, aud
(b) any oùler of Borrower's rights (otiler than tile 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 t:iùler to repair or restore the Property or
to pay amounts unpaid under the Note or ùÜs Security Instrument, wheÙler or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence wiUlin 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Leuckr
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall uot
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property, Whc;ther or not Borrower is residing in the Property, Borrower shall maintaiu Ùle Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 tilat repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in cOIUlection with damage to, or the 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 Ùle insurance or condemnation proceeds are not sutticient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the 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 the interior of ùle improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Bon"ower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or WiÙl Borrower's
knowledge or consent gave materially tàlse, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender WiUl material information) in connection with the: Loan. Material
representations include, but are not limited to, represe:ntations concerning Borrower's occupancy of Ùle
Property as Borrower's principal residence.
9. Protection of Lendel"'s Interest in the Property and Rights Under this Secudty Instrument. If
(a) Borrower tàils to perform tile covenants and agreements contained in this Security Instrument, (b) Ùlere
is a legal proceeding that might signiticantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, Ùlen Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over tilis Security Instrument; (b) appearing in court; and (c) paying reasonable
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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 Ùle Property includes, but is not limited to,
entering the Property to n~lke repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous cOIlditions, and have utilities turned
on or off. Although Lender may take action under ù1Ìs Section 9, Lender cloes 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 aUùlOrized under this Section 9.
Any amouÚts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at tJle Note rate from the date of
disbursement and shall be payable, with such interest, upon notice tìolll Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to Ùle Property, ùle leasellOld and the fee title shall not merge unless
Lender agrees to tile merger in writing.
10. Mortgage Insurance. If Lender required Jvlortgage Insurance as a condition of making the l.oan,
Borrower shall pay tile premiullls required to ¡n;¡intain the t,·lortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lendel ceases lu be available from the mortgage insurer that
previously provided such insurance and Borrower was re'juired to make separately designat¡;d paymellts
toward tile premiums for Mortgage Insuranc':, 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 e1lì;ct, from an alternate
mortgage iusura 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 paYJlh:llts that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain t!tese
payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be
non-refuuclable, notwithstanding the fact that the Loan is ultimately paid in full, and Lencler shall not be
required to pay Borrower any illterest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount amI 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 tile premiums for Mortgage Insurance. If Lender required lvlortgage
Insurance as a condition of making the Loan and Borrower was required to make separately desiguated
payments toward the premiums for Mortgage Illsunwce, ßorrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lemler's
requirement for Mortgage Insurance ends in accordance with any written agreemellt between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at tile rate provided in tile Note.
Mortgage Insurance reimburses Lender (or any elllity Ùlat purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Ivfortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements Witil other parties that share or modify tJleir risk, or reduce losses, These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and ùle 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 fÌ'om Mortgage
Insurance premiums).
As a result of Ùlese agreements, Lender, any purchaser of the Note, anotJler insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirec¡]y) amounts t!tat
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying Ùle mortgage insurer's risk, or reclucillg losses. If such agreement
provides that an aftiliate of Lender takes a share of Ule insurer's risk in exchange for a share of Ùle
premiums paid to the insurer, tile arrangement is oneu 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.
tG -6(WY) (00051
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Page 8 of 15
Initials, -t;let
Form 3051 1/01
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
MOI"tgage 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 J'eceive a
refund of auy 'Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
]]. Assignment of l\Iiscellaneous Proceeds; Forfeiture. All Miscel]aneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such MiscelJaneous 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 ~vliscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been complete:d to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Le:nder may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreemellt is made in writing or Applicable Law re:quires inteœst 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 LellCkr's security would
be lessene:d, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whethe:r or not then due, with tJle excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whetller or not tllen due, WitJl
the excess, if any, paid to Borrower.
In tile event of a partial taking, destruction, or loss iu value of tJle Property in which tJle fair market
value of the Property immediately before tJle partial taking, destruction, or loss in value is equal to or
greater than the alllount of tJle SUlns secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otJlerwise agree in writing, the slIlns
secured by this Security Instrument shall be reduced by the amount of the ~vlisceJlaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property illlmediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In tile event of a partial taking, destruction, or loss in value of tile Property in \\11Îch the fair market
value of the Property immediately before the partial taking, destmction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the Sluns
secured by this Security Instnllnent whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as detined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lemler witJlÎn 30 days after the date the notice is given, Lender is authorized
to collect and apply tile Miscellaneous Proceeds ¡;jtJler to restoration or repair of the Property or to tile
sums secured by tllis Security Instrument, whether or not then due. "Opposing Party" means tJle tlrird party
tJlat owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of tJle Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing tJle action or proceeding to be
dismissed witll a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under OJis Security Instrument. TIle proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All l'vfiscellaneous Proceeds that are not applied to restoration or repair of tJle Property shall be
applied in Ole order provided for in Section 2.
cD -6(WY) (0006)
@
PAge g of 16
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Form 3051 1/01
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12. Borrower Not Released; Forhearance By Lender Not a '''aiver. Extension of the time for
payment or modification of amortization of the smns secured hy ùlÍs Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release ùle liability of Borrower
or any Successors in Interest of Borrower. Le(kr shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or oÙlerwise lllodify
amortization of ùle sums secured by ùlÏs Security Instrumèllt by reason of any dellland made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in aercising 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 Ù¡an 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 Ùlat 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 ùlÌs Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any othèJ Borrower can agree to extend, modify, forbear or
make any accolUmodations wiùl regard to the terms of ùÜs Security 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 ùlÏs Security Instnnnent in writing, and is approved by Lender, shall obtain
all of Borrower's rights and beneììts under this Security [nstnunent. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of ù1Ïs Security Instrument shall bind (except as provided in
Section 20) and benefit ùle successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights uneler this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express aUùlOrity in this Security Instrument to charge a speci tic
fee to Borrower shall not be constl1led as a prohibition on the charging of such fee. Lender may not charge
fees Ùlat are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is tinally interpreted so
ùlat the interest or oÙler loan charges collected or to be collected in connection with ùle Loan exceed the
pernlÌtted limits, then: (a) any such loan charge shall be reduced by ùle amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make ùÚs refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepaYlJlent charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of allY such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower migllt have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with ùlÍs Security Instrument shall be deemed to
have been given to Borrower when mailed by tirst 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 oÙlerwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specities a procedure for reporting Borrower's
change of address, ùlen Borrower shall only report a change of address through that specitied procedure.
There may be only one designated notice address under ùÚs 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 another address by notice to Borrower. Any notice ill
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by ùlis Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
C -6{WY) 10005)
@
Page 10 af 15
,"",.._Wtr
Form 3051 1/01
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] 6. 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 limilations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note contlit:ts with Applicable
Law, such contlict shall not affect other provisions of this Security Instmment or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, induding, but not linuted
to, those beneticial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a 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 Bnrrower
is not a 114tural person and a beneticial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate paymeIl£ in full of all sums secured by this Secnrity
Instrument. However, d1is 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 the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by d1Ís 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 without furdler notice or demand on Borrower.
19. Borrower's night to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of d1Ís Security Instrument discontinued at any time
prior to die earliest of: (a) tive days before sale of the Property pursuant to any power of sale cuntained in
this Security Instrument; (b) such odler period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due uncleI' d1is Security
Instnlluent and the Note as if 110 acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing d1Ís Security Instmll1ent, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instnllllent; 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, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certitied 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) Electrolùc
Funds Transfer. Upon reinstatement by Borrower, dIis Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of accderationunder Sectionl8.
20. Sale of Note; Change of Loan ServiceI'; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in die entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and d1Ís Security Instnllnent and performs od1er mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of die change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
C -6(WY) (00051
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Page 11 of 15
Ini'ials-Ø- IVÞ,
,~./1 Form 3051 1/01
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requires in connection with a notice of transfer of servicillg. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as eiÙler an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges Ù1at the other party has breached auy provision of, or allY duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notitied the other party (with such
notice given in compliance WiÙl the requirements of Section 15) of such alleged breach ami 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 cc:rtain action can be taken, tliat time
period will be deemed to be reasonable for purposes of ù1is 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 opportullity to take corrective
action provisions of ùlÎs Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances de tined as toxic or hazardous substances, pollntants, or wastes by Ellvironmental Law and the
following substances: gasoline, kerosene, other t1ammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of t1]e 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 detined in Environmental Law; and (d) an "EnvirollIllelltal
Condition" means a condition that can cause, contribute to, or otherwise trigger an EnvirOJunental
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or Ùueaten to release any Hazardous Substances, on or in Ùle Property. Borrower shall not do,
nor allow anyone else to do, anyùÜng affecting Ù1e 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 Ù]e value of Ù]e Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances Ù1at are generally recognized to be appropriate to normal residential uses and to
maintenance of Ùle Property (including, but not limited to, hazardous substances ill consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or otlier action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, aBY spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any coudition caused by Ùle preseuce, use or release of a
Hazardous Substance which adversely affects the value of Ùle Property. If Borrower learns, or is notitied
by any governmental or regulatory aUÙ1Ority, or any private party, that any removal or oÙler remediation
of any Hazardous Substance affecting the Property is necessary, Borrower sliall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
G ·6(WY) (0005)
@
Page 1 2 of 1 5
Initials 00f
Form 3051 1/01
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NON-UNIFORtvf 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 BOlTower, 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 {he slllns secured by
this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
right to -einstate 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 requil-e immediate payment iu full of
all sums secured by this Security Instrument without further demand and may invoke the power of
sale and any other remedies pennitted 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 secUl'ed 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 Instnnnent, Lemler shall release this
Security Instmment. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower releases and waives all rights lindeI' and by virtue of the homestead
exemption laws of Wyoming.
<a -6(WY) I0005}
@
Page 13 of 15
Initials é;~, '
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and l()venants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
-Borrower
(Seal)
- Burrower
(Seal)
-Borrower
0-6(WY) (0005)
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CORY ASHLIMAN -Borrower
(Seal)
, Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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CECELIA E. ASHLIMAN -Borrower
Page 14 of 15
Form 3051 1/01
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STATE OF WYOMING,
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The foregoing instrument was acknowledged before me this
by COREY J. ASHLlMAN AND CECELIA E. ASHLlMAN
My Commission Expires: I Ö - ð -Ol
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Notary Public U vU
<9 -6G(WY) I0005}
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Initi",ls:
Page16of15
Form 3051 1/01