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Home My WebLink About914775 51267, (04) . (/' ti) ... Retum To: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 t 0 0 3 1') I) \,,) ..1 l- Prepared By: WELLS FARGO BANK, N.A. 2701 WELLS FARGO WAY" MINNEAPOLIS, MN 554678000 ¡Spate Above This Lillc For Rcconlillg Datal MORTGAGE RECEIVED 12/28/2005 at 10:05 AM RECEIVING # 914775 BOOK: 608 PAGE: 332 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DEFINITIONS Cl Words used in multiple sections of tl¡is document are de1ïned below and olher words are deíïned in Sections 3,11,13,18,20 and 21. Certain rules regarding lhe usage of words used in this docuInent are also provided in SectioJl 16. (A) "Security Instrument" meaJlS this document, which is dated DECEMBER 19, 2005 togelha with all Riders to this document. (B) "Borrower" is MELINDA PAVEK, A SINGLE PERSON /aka !v1elinda N. P~ek /11(///° BOITowa is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N. A. Lender is a NATIONAL ASSOCIATION organized ami existing lmder the laws of THE UNITED STATES 0060939204 WYOIVIING~Single FarnilY'Fannie lVIae/Freddie lVIac UNIFORM INSTRUMENT Form 3051 1/01 (!rltt6(WY) (OUOSI, ";1, ¡h.) Page 1 01 15 IIlIII"ls.J1ffl VMP MOIHG./'GE FORMS· (8001521·7291 ~4~ rn03~3 ~'ilJ '- d J Lender's address is P.O. BOX 10304, DES HOINES, IA 503060304 Lender is the mortgagee under this Security Instrument. CD) "Note" means the promissory note signed by Borrower and dated DECEHBER 19, 2005 The Note states that Borrower owes Lender ONE HUNDRED FORTY THOUSAND AND 00/100 Dollars (U. S. $ * * * * 14 0, 000 . 00 ) plus interesr. Borrower has promised tel pay this debt in regular Periodic Payments and to pay the debt in full not Jater than JANUARY 01, 2036 (E) "Property" means the property that is described bdow under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges ami late charges due under ùre Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rare RÜler D Balloon Rider D VA Rider [X] Condominium Rider D Planned Ullit Developmellt Rider D Biweekly Payment Rider D Second F!ome Rider D 1-4 Family Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable ti:deral, state amI local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicabJe tÏnal, nOll-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are ÌInposed Oil Borrower or the Property by a condominium association, homeowners association or similar organization. (1) "Electronic Funds Transfer" means allY transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an e!cctronic terminal, telepJlOIlic instrument, computer, or loaglletic tape so as to order, instruct, or authorize a IÏnancial institutiol1 to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactiolls, transfers initiated by telephone, wire transfers, and autoll41ted clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "1\liscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (oùrer than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Propaty; (ii) condenmatioll or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1\1) "Mortgage Insurance" means insurance protecting Lender against the nonpaymeJll of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amOUJlt due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U. S. C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C. F. R. Part 3500), as they might be amended from time to time, or any additicnütl or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <D.6(WY} 100051 '" Page 2 of '5 ",,,,,ßI4f Form 3051 1/01 ;'~1 ,..., f- ó' ,¡ .,j) (' fÎ 0 '3 ':' 4 ,) , ... .J (P) "Successor in Interest of Bon'ower" means any party that has taken ti tle to the Property, whether or llOt that party has assumed Borrower's obligations under tlle Note awl/or LIlis Security ]nstnunent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lene!er: (i) tlIe repaymem of the Loan, ane! all renewals, extensions and moditications of the Note; and (ii) tlle perÚmnance of Borrower's covenants and agreements under this Security Instrumeut and the Note. For this purpose, Borrower does hereby mortgage, grant ane! convey to Lemkr and Lender's successors and assigns, with power of sale, tlIe following described property ]ocated iu tbe COUNTY of LINCOLN [Type or Recording Jurisdiction] PLEASE ATTACH LEGAL DISCRIPTION [Namc 01' Recurding Jurisdiction] THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOHE MORTGAGE, P.O, BOX 10304, DES HOINES, IA 503060304 Parcel ID N LIluber: 186 MORNING STAR DR #C2 ALPINE ("Property Address"): which currently bas the address of I Sired j [Cily] , Wyoming 83128 [Zip Code] TOGETHER WITH all the improveIlleuts now or hereafter erected on the property, and all easements, appurtenances, and tixtures now or hereafrer a part of the property. All replacements alld additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as tIle "Property." BORROWER COVENANTS tllat Borrower is lawfully seised of the estate hereby conveyed and has the right lU mortgage, gram and convey LIle Property and th~j[ the Property is unenculnbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claiIlls and demallds, subject to any encumbranL'es of record. TI'US SECURITY INSTIUJJ\;IENT cornbines uniform covenants for national use and nOll-uniform covenants with limited variations by jurisdiction to constitute a unitlJnl1 security instrument covering real property. UN IfiORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, P¡'epayment Charges, and Late Chm'ges. Borrower shall pay when due [he principal of, and interest on, the debt evidenced by tlle Note and any prepayment charges and late charges due uncleI' [he Note. Borrower shall also pay funds tl)r Escrow Items pursuant to Section 3. Payments clue uncler the Note ancl this Security Instrument shall be made in U.S. cUl1ency. However, if any check 01 other instrument ]eceived by Lende] as payment under tIle Note or this J¡\ ' !J 1IlItIdls/1î14f- o ·6(WY) (00051 "" Pdge 3 of 15 Form 3051 1/01 ,'~ 1:...] :"(\0335 '.' .) Security Instrument is returnee! to Lender unpaid, Lender may require tllat any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the tÙlIowing f(nrns, as selected by Lender: (a) cash; (b) llloney order; (c) certified check, bank check, treasura's check or cashier's check, provided allY sLrch check is drawn upon an inslÍtution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions ill Section 15. Lendtr may return any pay IJ1tnt or partial payrntJll if the paymtnt or partial paymtnts are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufticielH to bring ûre Loan current, without wai vel' of any rights 1lereunder or prejudice to its rights to refuse such payment or partial payments jn lire future, but Lender is not obligattd lO apply such payments at the rime such paymellts are accepted. It· each Periodic PaymtiH is applied as of its scheduled dut date, then Lender need not pay imerest on unapplied funds. Ltnda may hold such unapplied funds until Borrower makes paymellt to bring the Loan current. If Borrower does not do so within a reasonable period of lÍme, Lender slwll eithtr apply such funds or retum them to Borrower. II' not applied earlier, such I1mds will be applitd to the oUlstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower lIligl( have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants amI agreeJl\èIlts secured by this Security J nstrulIlent. 2. Application of Paymcnts or Proceeds. Except as otherwise described in this Section 2, all payments accepted ami applied by LèJIder shall bt applied in the f()Jlowing order of priority: (a) interest due 1lIIder the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Paymcnt in the order in whicll it became due. Any remaining amounts shaIJ be applied tîrst to late charges, second to any otber amOUlllS due under this Security Instrument, ami tllen to reduce the principal balance of the Nott. H Lender receives a payment from Borrower lÜr a ddinCjuent Periodic Payment which includes a sutïiciel1l amount to pay any late cbarge due, the payment may be applied to [he delinquent payment and the late charge. jf more than one Periodic Payment is outslaIlCling, Lender may apply any payment received from Borrower to the repayment or the Periodic Payments if, and to the extent Lllat, each payment can be paid in full. To ûle extelll that any excess exists after ûle payment is applied lO the full paynlent of one or more Periodic Paymtnts, such excess may be applied (0 any late charges due. Voluntary prepayments shall be applied first to any prepaymelH charges and 1Ilen as described in die Note. Any application or payments, insurance proceeds, or tvfiscellaneous Proceeds to principal due under the Note shaIJ not extend or postpone tile due clate, or change the amount, of [he Periodic Paymellls. 3. Fnnds for Escl'ow Items. Borrower shall pay to Lender on [ht day Periodic Payments are due unda [he Note, until the Note is paid in full, a sum (the "Funds") to provide t()f payment of anlounts due for: (a) taxes ancl assessmellls ancl other items which C~UI attain priority over this Security Inslrument as a lien or encumbrance on [he Property; (b) leasehold payments or ground rents on the Properly, if any; (c) premiums for any and all insurance required by Lemler lindeI' Section 5; ane! (d) J'dortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Ivlongage 1nsurance premiums in accorchulct with the provisions of Section 10. These items are callee! "Escrow Ittms." At origination or at any time during the term of the Loan, Lemler may require 1IIat Community Association Dues, Fees, ane! Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish [() Lender all notices of amounts [() be paid under this Section. Borrower shall pay Lender tIle Funds l()f Escrow Jrems unless Lender waives Borrowcr's obligation to pay the Funds for any or al1 Escrow 1tenls. Lemler llIay waive Borrower's obligation to pay to Lemler Gunds for any or all Escrow Items at any [irne. Any such waiver JIlay only be in writing. In the evelll of such waiver, Borrower shall pay dirtctly, whtn and wbere payable, tile amounts <a -6(WY) 10005) '" P.:oQC 4 of 15 ,n"Ô'5-f~~·-r Form 3051 1/01 00336 '-'L~ (/ I...lÎ dUl~ fur :IIlY Escrow Itel1Js for wllich p,IYl1JelH o( Fllllds lias bee.:1l waived by Lende:r :Hld, if Lemltr requires, sll:ill furllish 10 Lellder receipts evickllcillg sucll paymellt Wi¡jlill SUCll tillle period :IS Lxmler lll:¡y reCjuire. Borrower's ubJiga(iull rtl lIIake.: suell paYlllellts alld lu pruvide n:ce.:ijHS shall fllr all purposes he deelllecl to be: :1 UIVe:Il:lllt alld :Igre.:elllellt UIIll:lillec! ill III is Se:curiry Jnsllulllelll, as [he: pllrase '\:uvell:1l1I amI agree:lllellt" is used ill Sectioll 9. If BornJwer is obligated IU pay Escrow ![eIIIS dire:cUy, pursualll to a w:liver, alI(I Borrower fads t(J pay the allluunt clue for all Escrow J[elll, Lellde:r 1I1,IY exercise ils rigllts limier Section lJ aml pay sncll ,IIIIIHlllt ami Borruwer sll:1Il thell be: ublig,lled under Section lJ [t) repay to Lellllcr allY such al1lCJUlll. Le.:Jlcler Jl1,¡y revuke tile waiver as [0 ,illY or aU Escrow lle111s at any tillle by a notice given in aC('(lrdaI1Cl; witll Secli(111 15 alld, liPlill snl:1l rev()c,ltion, Borrower shall pay [0 Lender ,ill Funds, and ill such allwllllls, rll:H ,Ire: rlle:1l reCjuire:clullder rllis Seuioll 3, Lender l1Jay, ar any lillie:, cullc:ct alllllllJld Funds in :111 alllunnl (a) sulJicielll [0 pc:Jllli[ Lemler (11 apply the FUllds ,II the tillle specitied umler R13SI'.\, amI (b) ntH ro eXCee:d [he lll:lxinlllll1 ,1111(lllnt a lc:llder can require lllHkr I(ESPA. Lender skill esrilllale the illllUUIll oj Funds due 011 rile basis ()(l'llrrel}[ cLit,1 anel rl~:ISUJlilb\c; estimates or e:xpe:Jldilure:s uf future Escruw IteJlls or urJ¡nwise iJl alTurdam:c: wid I :\pplililhle l.aw. Tile FUJlds shall be hc:ld ill all iJlstiluriuJI \\'IIlISe deposits are: illsured by a re:de:ral agt:èllcy, illstnlll1elll,tlity, or emity (iIIC]udillg L.emkr, ir L-L'Jldc:r IS alllllstitutiuJI WllOSC: deposits are su illsuled) ur ill allY Federal rlcnlle Luall LJallk. Lellder sh:tI¡ apply tile FullCls tu pay Llle Escrow ¡rems JIlJ Lller lil:lll the tillle spni lied uJlder RESPA LeJlder slLll1 nut cltarge: Borrower fur IIOldillg ami applyillg [ile: FUlIds, allllualJy :tn:tlyzillg die escrow accollllt, ur verityillg tile Escruw ¡[ems, unkss Lenckr p:IYs j3cnTu\\'er imc:les( 011 [lie: r~uJl(1s alid Applicabk LIW permits Lellder to make suclt ,I cllarge. LJlIkss all :¡grl'elllelit is 11lack ili writilig ur AppJic,lblc: Law requires ¡lIte:re.:st [(J he: p:lid 011 lile FUllds, Lemler sllall liut be required to pay ßormwtr any inkreSt or earliiJlgs Ull the Funds. !3urruwtl ami Lelider call agree ill writillg, Ilo\\'ever, tllat ¡littlest shall he paid 011 tile FLlilds. Lender Sll~d¡ give tu Bono\\'er, withou[ clt;lrge, all ,llllin;tI accOlllltiJlg of tlie J~'um!s a,S requirecl by n.ESPA. jf dJere is a surplus of Fllllcls ¡Ield ill escrow, as ddÎlied \JIlcler RESPA, L.elider siLtll aCCUlll1l (() BornJ\\'tI fur the excess fUllds jll acculILlnce wi[11 ¡~!!Sl'A. If dlere is a shurtage uf Fllllds Ileld ill esuow, as delÎlIecluJlcler ¡([SPA., Le:1lCler shallllorily l30rruwc:r as requirl~d by RESPA, ami Burruwer Sllitll pay III Lender tile aI110UJlt I1ecessary to Illake np tlte sllOrtagl~ ill accurdallle widl RESPA, bUl in Jl(1 IIIOle tllaJl 12 JIlunddy paYlllell[s. 11' tltne is a dc:1iciency of FUllcls Irdel ill L:SUOW, as eldi¡lL:dullcler r~ESPA, Lellcler sltall nOti!y Burrower as required by RESPA, ,lIld BurJllwer s]¡;tll pay [(J L.e:mler tile alJlUulit necessary to lllake up tlte: cleliciellcy ill ;¡CCurILtllce willi RESPA, hUl ill JlU Illl,re tliaJl 12 IIIUJllltly J'IYlllems. UPUII p:lymC:Jlt ill full of all SUlllS secured by tltis Secllriry ¡llsrlulllellt, Lemlc:r sllall promptly rd'ulld to Burrower any Fllncls I1c:lcl by Lemler. 4. Charges; Lieus, !3olJower sllall 1':1) all taxes, aSse.:ssnlen[S, charges, JilleS, ;!JId impositions atlribut:lblc: to llle PropL:rty wllil'h can ,j([ain priolity over lhis Sel'l1rity III.SllUlllell(, kasdlOld paYlllellts lIf gruund re:IIIS on the Ploperty, if any, awl C\Jnlllllillity Associaljoll Ducs, Fee.:s, ,llld AssessllltlHs, if any. To llie: c:.xklil t]¡;¡1 [j¡e:se ite:llls are I:scrow 1 [eIllS, l'JOlJuwc:r shall P:IY llleln ill lile nl,lllntf provided in Se:uiull 3. [3ollowe:r sktll prolllptJy discltarge allY lien whiclt lias priori(y over (ltis Securjty IllSlrUIJ\c11t lntless !3l1rnlwer' (a) ;¡grees in writing to tile: p:lyme.:nt of lile ohljg;¡rjon secured by tile lien ill a m'lnuc.:r acceptahle: [I) Lender, hll[ ullly SU IOllg a" BOlJowc:r is performillg sudl agrl:tlllenl; (h) conksts the: lie:n in good Llirll by, or ddellds ,Igainsl enforcement of tile liell ill, Ic:g;tI prol'ecdillgs wltich in LelJCle:r's Opillioll operate to plevcllf tile ellforCèlllellt uj tIle lien wllile ¡jlClse proceedings art pej)(lillg, but oll]y unti! such plocenlings ,Ire concluded; or (c) secureS froIll [he Itolder or lite liell :111 agree:lllel1t satisLlclUry [0 Lemler subo[linating tile lien lU rJlls Security Instrument. 1f Lellder cktc:rIllilles Illat allY part oj lite Pmpe:rly is subjeCf lU a liell wlliLI1 call :I[[,¡in priority liver [ltis Security JnstruIllelll, Lemler IlIay give Borrower a Ilutice identifying ¡lte.: cw ·GIWY) IOG(5) l~) F' aGe 5 01 15 1"''',,s''-l~jJJ\/) / J Forni 30511/01 c~ d r, ..00331'7 litn. Within 10 days of tht datt on which that Hotiœ is giVén, Borrowtr shall satisfy the lien or takt ont or more of tht actions set forth abovt in this StclÏon 4. LtllCkr may réquire Borrowtr to pay a o!lé-time charge for a real estate tax veritication and/or reponing serviœ used by Lendtr in connection wilh this Loan. 5. Property Insurance. Borrower shall lœep the improVémtnts now exisring or hereafter erected on Úle Property insured against loss by tjfé, hazards included within tht term "éX[eJJCkd coveragt," and any other hazards including, but not limited to, earthqnakes and noods, tar which Lenda reqllirts insllranœ. This insurance shall be maintained in the amounts (including deductible levels) and for the ptriods that LéHda requirts. What Lender requires pursuant to the preceding sentences can changt during the term of the Loan. The insurance carrier providing tht insurance shall be chosen by Borrowa subject to Lender's right to disapprove Borrower's choice, which right shall not bt exercised unreasonably. Lender may require Borrower to pay, ill connectioH with this Loan, eitller: (a) a ont-time charge tor tlood zone determiJJ:ltion, certijication and trackillg serv iœs; or (b) a ont·rime charge for !lood zone determinalÏon and certijication services and subsequellt charges each time remappings or similar changes occur which reasollably might affect such determination or œrtitication. Borrower shall also be responsible for the payment of any fees imposed by the Ftderal Emergellcy I'vlanagement AgtllCY in cOIlnection willi the review of allY nood zone determination resulting from an objectioH by Borrower. It" Borrower fails to rnaiHtain any of tht coverages dtscribtd above, LeHder may obtaill iHsurance covtrage, at Lender's option and Borrower's exptnst. LtHder is undtr no obligation to purchase any particular type or amount of coverage. Tllerefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowa's equity in the Property, or the contents of tile Property, against any risk, hazard or liability and might providt grtater or ksser coverage Ùlan was previously in errect. Borrower acknowkdges that the cost of the insurance coverage so obtained might signiticantly exœed the cost of insurance that Borrower could have obtained. Any amounts disburstd by Lender under this Section 5 shall becoIlle additional debt of Borrower secured by this Security Instrument. These amOllllts shall bear interest at the Note rate from the date of disbursernent and shall be payable, with such interest, upon notice ÍÌ'om Lender to Borrower requesting payment. All insurance policies required by Lemler and renewals of such policies shal1 be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shal1 naIlle Lender as mortgagee and/or as an additional loss payee. Lemler shall have Úle right to hold the policies and renewal certi1icates. If Lender requires, Borrower shall promptly give to Lemler al1 receipts or paid prtI1liUIllS and renewal nOlices. If Borrower obtains any form of insurance coverage, not otllerwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shallnamt Lender as mongagee amllor as an additional loss payet. In the event of loss, Borrower shall give prompt notiœ to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to œstoration or repair of the Property, if Ùle restoration or repair is econOlnjcally feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold SUell insnrauce proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lemler's satisfaction, provided tlIat such inspection shall be nndertaken promptly. Lender may disbnrse proceeds for tlIe repairs and restoration in a single paymem 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 iusurance proceeds, Lemler shall not be required to pay Borrower any interest or earuings on such proceeds. Ftes for public adjusters, or other tlIird parties, retained by Borrower shall nOl be paid out of the insuranœ proceeds and shall be Úle sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrtlmem, whether or not then due, wilh <mÞ -6(WY) (0005) ® Page: 6 ot 15 Initials /1/\1t? l~ F _/' Form 3051 1/01 ...:iJ nnqr¡s ~.j ~._. j ,,-1 the èXcess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. I f Borrower abandons Ùle Property, Lender may tile, negotiate and settle any available insurance c]aim and related matters. If Borrower does not respond within 30 days to a notice frcJIn Lender that tile insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or it Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigllS to Lender (a) Borrower's rigllts to any insurance proceeds in an amount not to exceed the amonnts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other Ùlan tile right to any refuod of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of ùle Property. Lender may use Ùle insurance proceeds ei ther to repair or restore the Property or to pay amounts unpaid under Ù)e Note or this Security Instrumem, whelller or not then due. 6, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after [he date of occupancy, unless Lender otherwise agrees in writing, which COllsem shall not be umeasOlJl!bly withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair tile Property, allow the Property [0 deteriorate or l'()]nmit waste on the Properly. Whelher or not Borrower is residing in lhe Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detenuined pursuant to Section 5 that repair or restoration is not economically kasible, Borrower shaH promptly repair the Property if damaged to avoid furÙler deterioration or damage. If insurance or condemJl;Jtion proceeds are paid jn connection with damage to, or lhe taking of, lhe Property, Borrower shall be responsible for repairing or restoring the ProperlY only if Lender J¡as I'd eased proceeds for such purposes. Lender may disburse proceeds for lhe repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore Ùle Property, Borrower is not reJieved of Borrower's obligation for lhe completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lem1er Illay inspect lhe imerior of tile improvemems on the Property. Lemler shall give Borrower notice at the time of or prior to such an interior inspection speci fying such reasonable cause. 8. Borrower's Loan Application. BO!Tower shall be in default if, during the Loan application process, Borrower or any péfsons or entities acting at the direction of Borrower or with Bonowér's knowledge or consent gave materially Lilse, misleading, or inaccurate information or statements [() Lender (or failed to provide Lender Wilh IW1lérial information) in connection with the Loau. IVlaterial representations include, but are not limited to, representations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Secu¡-jty Instrument. If (a) Borrower tails to per1Órm the covenants and agreenlents contained in this Security Instrument, (b) there is a legal proceeding that might signi1icantly affect Lender's interest in lhe Property anelloI' rights under lhis Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeitme, for enfOlcemellt of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned Ùle Property, then Lender Illay do and pay for whatever is reasonable or appropriate to protect Lender's imerest in the Property and rights umkr this Security Instrument, including protecting ¡md/or assessing the value of the Property, amI securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any SUIIlS secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable ~ -6(WY) [00051 ® P<igc:: 7 of 15 Inltiòl>A;!;,JI,f /7+~f+ Form 3051 1/01 ¡i-'-~,,_ "'¡"",: ~,._ ,,' ,¡';j¡ , . (ì n '" q 9 ".' '..) \.... 0J attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured positiun in a bankruptcy proceeding. Securing the ProperlY includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other cock violations or dangerous conditions, and have utilities turned on or uff. Althougll Lender nulY take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs 110 liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, wiúI such imerest, upon noticc from Lender to Borrower requèsting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrowèr acquires fee title to the ProperlY, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required tvIortgage Insurance as a condition of making the Loan, Borrower shall pay the prerniull1s required to maintain the Mortgage Insurauce in effect. Jf, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from tlle nlOrlgage insurer that previously provided such insurance and Borrower was rèquired [(J make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substamially equivalent to tlle Mortgage Insurance previously in effect, at a cost sLlbstamially equivalent to the coSt to Borrower of the !vlortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substamially equivalent I\lorlgage Insurance coverage is not available, Borrower shall continue to pay to Lemler the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of I\lorlgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lemler shall not be required [() pay Borrower any interest or earnings On snch loss reserve. Lender can no longèr œqnire loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, aJICI Lender requires separately designated payments toward the preminms for tvlortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was rèquired to make separately designated payments toward the premiums for Mortgage InsuranCè, Borrower shall pay the premiums required [() maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's reqnirement forrvlortgage Insurance ends in accordance with any written agreemem between Borrower and Lender providing for snch termination or until termination is required by Applicable Law. NOÚlÌng in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower cloes not repay the Loan as agreed. Borrower is not a party to the tvlortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter iwo agreements with other parties that slime or Inodit)! their risk, or rednce losses. These agreements are on terms and conditions that are satisfactury to the mortgage imurer and the other party (or parties) [() these agreements. These agrèemelltS may require the nlOrtgagè insurer to make payments using any source of funds that the mortgage insmer may have available (which may inc]uc!é funds obtained fro III t\'1ortgage Insurance premi UIllS). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any oLlieI' entity, or any affiliate of any of the foregoing, lllay receive (directly or indirectly) amouws that ckrive from (or might be characterized as) a portion of Borrower's payments for !vIortgage Insurance, in exchange tÓr sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange íÓr a share of tlle premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Auy such agrcements will not affect the amounts that Borrowcr has agreed to pay for Mortgage Insurance, or any other tcrms of the Loan, Such agrecments will not increase the amount Hon'o" n' "ill 0 "e foe M ",'<gog, <,",on","o, '''' d 'hey "ill "0' '''titl:"I:::~;il5')' n-f"" d, C ·6(WY) IU0051 Pdge 8 01 15 / ..:7\J Form 3051 1/01 (J') ~-·-''''I;.''''·''''· .--->0 _. If ./~ '00340 (b) Any such agreements will not affect the rights BOITower has - if any - with I"espect to the J\lortgage Insul'illlce under the Homeownel's Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and oLtain cancellation of the Mol'tgage Insurance, to have the Mortgage Insurance tenllinated automatically, and/or to receive a refund of an)' J\lortgage Insurance premiums that were unearned at the time of such cancellation or termi na tion. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellancous Procccds are heœby assigned to and shall bc paid to Lcmler. If the Property is damaged, such Miscellaneous Procecds shall be applicd to rcstoration or rcpair of the Property, if the restoration or repair is economically feasible and Lender's sccurity is not lessencd. During such repair and restoration pcriod, Lcndcr shaH havc thc right to hold such Miscellancous Procccds nntil Lemler has had an opportunity to inspect such Property to ensure thc work has bccn completed to Lcmler's satisfaction, providcd that such inspcction shall be undcnakcn promptly. Lcnder lJlay pay for thc rcpairs and restoration in a single disbursclJlent or in a scrics of progrcss paymellts as tile work is COlllpktcd. Unless an agrccment is made in writing or Applicab1e Law requires imcrest to bc paid on such !vliscellaneous Procceds, Lcnder shall not bc rcquircd to pay Borrowcr any intcrcst or earnings on such !vliscellancous Procecds. If thc rcstoration or repair is not cconomically feasible or Lcnder's sccurity would be lessened, thc iv1iscellancous Procecds shall bc applied tu the sums securcd by this Security lnstrumcllt, whethcr or not tllen due, with thc cxcess, if any, paid to Borrowcr. Such MisceHancous Procceds shaH be applied in thc order provided for in Section 2. In thc event of a total taking, destruction, or loss in value of the Property, the !vIisceHancous Proceeds shall be applied to tile sums secured by this Security Instrulìlent, whethcr or not then due, with the cxcess, if any, paid to Borrower. In the cvent of a partial taking, dcstruction, or loss in value of the Propcrty in which tile fair market value of thc Property immcdiately bcfore the partial taking, dcstructioll, or loss in valuc is cqual to or greater than the amount or thc sums securcd by this Sccurity Instrumcnt immediately before the partial taking, dcstruction, or loss in valuc, unless Borrowcr and Lcnder otherwise agrec in writing, thc stuns sccured by this Sccurity Instrument sha]] bc rcduced by thc alllount of the Misce1laneous Proceeds IlJultiplied by thc fo]]owing fraction: (a) the total amount of the sums secured immcdiately before the partial taking, destruction, or loss in value dividcd by (b) thc fair market valuc of the Property irnmediate1y beforc tllC partial taking, dcstruction, or loss in vaJut:. Any balance shall be paiel to Borrower. In thc event of a partial taking, destruction, or loss in valuc of thc Property in which tllC fair market value of the Property immcdiately before thc partial taking, destruction, or loss in valuc is less tllan the amount of the sums securcd immcdiately bcfore the partial taking, destruction, or loss in value, unless' Borrower and Lender otherwisc agrec in writing, thetvliscellaneous Proceeds shall bc applicd to tllC sums secured by this Sccurity Instrumcl1t whcther or not thc sums arc thcn due. If thc Property is abandoned by Borrowcr, or if, after notice by Lendcr to Borrower that thc Opposing Party (as de1ined in the next sentencc) offers to make an award to scttle a claim for damagcs, Borrower fails to rcspond to Lendcr within 30 days after the date the notice is gi ven, Lendcr is authorized to collect allCl apply thc MisccJJancous Proceeds eithcr to rcstoration or rc:pair of thc Property or to the SUIns secured by this Sccurity Instrumcnt, whcther or not thcn duc. "Opposing Party" mcans the tltird party that owcs Borrowcr Misce1laneous Procecds or thc party against whom Borrowcr has a right of action in rcgard to Miscellaneous Procccds. Borrower shall bc in default if any action or pn)ceeding, whether civil or criminal, is begun that, in Lcmltr's judgment, could result in forfeiture of thc Property ur other material impairmcnt of Lender's intcrest in the Property or rights undcr this Security lnstrllment. Borrower can cure such a default aml, if acceleration has occurrcd, rcinstare as providcd in Scction 19, by causing thc action or proceeding to be dismissed with a ruling that, ill Lcndcr's judgmcnt, precludcs forfeiture of thc Propc:rty or other material impairment of LC1lCler's intercst in the Propcny or rights undcr this Sccurity Instrll1llcnt. Thc proceeds of any award or claim for damages that arc attributable to tile impairmcnt of Lemler's imercst in thc Propeny arc hereby assigncd and sha1l bc paid to Lendcr. All Misce]]ancous Procecds that arc; not applied to rcstoration or rcpair of thc Propcrty shall be applied in tile ordcr provided for in Section 2. 9-6(WY) (00051 Q9 Page: 9 of 15 "",;44tf Form 3051 1/01 "':" '~j c:· (oJ ~ \...5 (' 'ì 0 " 4' I, '.., (J , .:} 12. Bormwer Not Released; ForlJem'allce By Lellder Not a Waiver. Exttnsion of the timt for paymtnt or modification of amortizalion of the: SUlllS securtd by this Security IllstruIlltnt granttd by Ltuder to Borrowa or ~Iny SUcctssor in lntefèst of Borrower shall not optrate to fèlease tht liability of Borrowa or any Successors in IIHtfèSt of Borrowtr. Lender sl¡all not bt œquirtd to commence proœe:dings against any Sucœssor in Interest of Borrowtr or to rd'use to extend time for payment or othtrwist modify amortization of the sums secured by ùlis Security Instrument by fèaSon of any deIllalld made by tht original Borrowtr or any Successors in Interest of Borrower. Any forbtarance by Lenclèr in txercising allY right or rtmedy including, without limitation, Lender's acce:plance of payments from third persons, entities or Successors inlntae:st of Borrowe:r or in anlounts less tllan the: amount the:n dut, shall not be a waivtr of or pre:clude the e:xercise or any right or reme:dy. ]3, Joint and Several Liability; Co-signers; Successors and Assigns Boulld. Borrower covenants ane! agre:es that Borrower's obligations andliabiIity shall be joint and stveral. Howevtr, any Borrowe:r who cli-signs this Security lnstrumtnt but does not exe:CUlè Ùle: Note (a "co-signèr"): (a) is co-signing LItis Sècurity Instrument only to mortgagt, grant and convty the co-signer's interest in Ùle Property under tht ttrIns of this Security Instrume:nt; (b) is llot pe:rsonally obligate:d to pay the SlUIlS secured by this Se:curity InstrumelH; and (c) agfèe:s that Le:llCler and any othe:r Borrower can agree to e:xttnd, modify, forbear or make: any accommodations with regard to the terms of this Se:curity Instrulntnt or the Nott wiLllOut Ùle: co-signer's constnl. Subject to the provisions of Stction 18, any Sucœssor iu lnttrest of Borrower who assume:s BOJTowa's oblig:¡tions uncleI' this Security InstrumtJ1l iu writing, ami is approvtd by Le:uckr, shall obtain all of 13orrowa's rights and btnetits unda ùtis Security lustrumenl. Borrowtr shall llOt bt reltased from BOJTowa's obligations and liability under this Security Instrume:lH unkss Lender agrc:ts to snch rekase in wririllg. The covenants and agreemems of this Se:curity lnstrume:nt shall bind (except as provided in Se:ction 20) and bwtfit t.he sucœssors and assigns of Lender. 14. Loan Charges. Le:nda may charge Borrower IÚs for saviœs perl(JrI!lèd in connection with Borrower's ddault, for the purpose of prottcting Lender's inte:rest in the Prope:rty and rights lInde:r this Se:curity Instrument, illcludillg, but not limittd to, attolïle:ys' IÚs, proptrty inspection and valuation fees. In rtgard to any other fee:s, the absenœ of txprtss authority in this Security lnstrumtnt to charge a specitic fee: to Borrowtr shall not be construed as a prohibition 011 tht charging of such fte. Lender may not charge: fte:s that arc: txpressly prohibited by tl¡js Security InslIulHtnt or by AppIicablt Law, If the Loan is subje:ct to a law which Stts maximul1lloan charges, and that law is 1Ïnally intaprc:ted so t.hat the intaest or othe:r loan chargts coJle:cttd or to be coJlecttd in connection with tht Loan exœed the: permitted limits, Ùlen: (a) any such loan charge: shall bt reductd by ùle amount l1ècessary to reduce the chargt to the: ptrmitte:d limit; and (b) any sums alre:ady colkcted Üom Borrowtr which exœeded ptnnitte:d limits wiJl be rtfunded to Borrower. Ltncltr may cllOOSt to make tllis refund by reducing the principal owed unda the Note or by making a direct paymtnt to Borrower. If a refund re:duces principal, the reduction will be treate:d as a partial prepaYllle:nt without any pre:paymèllt chargt (whethtr or uot a prtpaymtnt charge: is providtd for undtr the Note:). Borrower's acceptance of any such rc:fund lIlade by dirtct paymtnt to Borrower wiJl constitute: a waiver or any right of action Borrower might havt arising out of such ovacharge. ] 5. Notices. All notices givw by Borrowe:r or Le:lICltr in conntctiou witll this Security lnstrumtnt lllllSt be: in writing. Any notict to Borrower in conl1èction with this Stcurity [nstrUllltIlt shall bt dteme:d to have be:tl1 givw to Borrower wht:n mailed by first class mail or whe:n actually cltlivtred to Borrower's notice address if sent by othtr means. Notice to any cmt BOJTowtr shall consti tult notice to all Borrowas Ul1ltSS ApplicabJe Law txpœssly rtquires othe:rwise. The notiœ acldrtss shall bt tht Proptrty Acldre:ss unltss Borrower has dtsignatecl a substitutt notice address by notiœ to Lenckr. Borrowa slwll promptly notify Lenckr of Borrowe:r's change of addre:ss. If Le:l1Cler specities a proœdure: for rtponing Borrowtr's change 01 adclrtss, ÙIW Borrower shall only report a changt of address through that sptcilitd procedure:. Thae: may bt only one designated notice address unda this Stcurity Instnlll1tJ1l at any O!lè time:. Any notice to Lende:r shall be given by delivering it or by mailing it by lirst class mail to Lemla's addre:ss s(at<:c htrein unltss Lender has cltsignated another address by notice to Borrowa. Any notice in conIltcrioll with this Security Instrument shall nut bt dte:1lltd tu have b~en give:n to Lendtr until actually rtctivtd by Lemkr. If any notice requirtd by this Security InstrlllIltIll is also rc:C]uired ullCkrApp1icabk Law, the Applicable Law requirtmenl will satisfy tht COlTtSpondillg rtquirtlIltllt under U¡js Securi ty II¡strume:IIl. f} Innlólsj~L4l ~ -6(WY) {00051 ® Pag<:õlOof15 Form 3051 1/01 .,::........y!{...'''' !Jd , n 0 '~ 4 I') '..' \J v t.- 16. Governing Law; Severability; Rules of Construction. This Security Instrument shaJl be governed by federal law and the law of Ùle jurisdiction in which tile Property is located. All rights amI obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreemem by COll[ract. In the event that any provision or clause of this Security Instrument or the Note cont1iCls with Applicable Law, such cont1ict shall not afkct other provisiolJS of this Security Instrument or the Note which can be given effectwithoUlthe cont1icting provision. As used in ùris Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) w(Jlds in ùle singular shall mean and include ùle plural and vice versa; and (c) the word "may" gives sole discretioll without any obligation to take any actioll. 17. BO/Tower's Copy. Borrower shall be given one copy of the Note and of this Security Instrumem. 18. Transfer of the Pl'Operty or a Beneticial Interest in Bon'ower. As used in this Sectio]) 18, "Interest ill the Property" means allY legal or bene1icial interest in the Property, including, but not limited to, ùlOse bene1icial interests transferred in a bond for deed, cOlHract Ú)r deed, insralllllent sales CUlmact or escrow agreement, ùle intent of which is Ùle transfer of title by Borrower at a future date to a purchaser. If all or any part of tlle Property or any Interest ill tlle Property is sold or transferred (or if Borrower is not a natural person and a beneticial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require innnediate paymell[ in full of a[[ SUlllS secured by tltis Security Instrument. However, ùlis option shall not be exercised by Lemler if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender s!JcdJ 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 SectioIl 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower hils [0 pay these SUIns prior to Ùle expiratioIl of this period, LellCler may invoke any remedies permitted by this Security Instrument without furùler notice or denumd un Borrower. 19. BO/Tower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcemem of this Security Instrument disco!1(inued at any time prior to ùle earliest of: (a) five days before sale of LIle Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specity for the terlllination 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 under this Security Instrument allCI the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreemems; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, allCI other tees incurred for the purpose of protecting Lender's imerest in ùle Property and rights under this Security Instrument; and (d) takes such action as Lemler may reasonably require to assure Ùlat Lender's imerest in the Property and rights under this Security Instnllnent, and Borrower's obligation to pay ùle sums secured by this Securicy InstnlInent, 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 npon an institution whose deposits are insured by a federal agency, instrumentality or emit)'; or (d) EJect!unic Funds Transfer. Upon reinstatement by Borrower, this Security [nstrument and obligations seclJ1'ed hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the cast of acceleration ullckr Section 18. 20, Sale of Note; Change of Loan ServiceI'; Notice of Grievance. The Note or a partial interest in the Note (together with this Security lnstnllnent) can be sold Olle or more times without prior uotice to Borrower. A sale might result in a cllauge in the entity (known as the "Loan Servicer") that collects Periodic Payments clue under the Note and this Security Instrument and performs other mortgage Joan servicing obligations under the Note, this Security [nstrumem, and Applicable Law. Thae also uright be one or more changes of the Loan Servicer unrelateclto a sale of Lhe Note. If there is a change of the Loan Servicer, Borrower will be givtn written notice of the change which will state the name and address of tl1e new Loan Servicer, the address to which payments should be made and any otller information RESPA ? "".,.~ ~ -6(WY) 100051 ® Pag~ 11 of 15 Form 3051 1/01 I·',) ~'L"- ',,;'iJ , rn'-)43 ,) ~ ..1 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan ServiceI' o[her than the purchaser of the Note, the mortgage loan servicing obJigations [0 Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise proviekd by the Note purchaser. NeiLher Borrower nor Lender 1IIay commence, join, or be joiued to any judicial action (as eiÚler an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrumel1[ or that alleges that the other parry has breached any provision of, or auy duty owed by reasou of, this Security Instrument, until such Borrower or Lenckr has uotitïed the orher parry (with such notice given in compliance with the requirements of Section 15) of SllCh alkged breach and afforded the other party hereto a reasonab1e period after the giving of such uotice to take corrective action. If Applicable Law provides a time period which nlUst elapse before certain action can be taken, that time period will be deemed to be reasollable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satist), the JJotice and opportunity to take cOITecti ve action provisions of úris Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances ddined as toxic or hazardous substances, pollutal![s, or wastes by Environmel1[al Law and the following substances: gasoline, kerosene, other tlaJllmable or toxic petroJeum products, toxic pesticides and herbicides, volatile solvellts, n4lterials containing asbesws or formalddlyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws 0 f the jurisdiction where the Property is located that relate to healÚl, safety or environmental protection; (c) "Environmental Cleanup" inc1Lldes any response actioJl, renledial actiou, or removal action, as defined in Envirollmell£al Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmel1[al Cleanup. ßo rro wer shall not cause or permi t the presence, use, disposal, storage, 0 I' release of allyH azardous Substances, or threaten to I'd ease any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition úwt adversely affects the value of [he Property. The preceding two sentences shall not apply to Lhe presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recoguizecJ to be appropriate to normal residential uses aud to maintenance of the Property (including, but not limited to, hazardous substances iu consumer products). Borrower shall pronlptly give Lender written notice of (a) any investigation, claim, dem;lnd,lawsuit or oÚler action by any governmental or regulatory agency or private party involving ùle Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental ConcliLion, including but not limited to, any spilJing, leaking, discharge, release or threat of release of any Hazardons Substance, and (c) any condition caused by Ùle presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower lea rIlS , or is notified by any governmental or regulatory auUlOri[y, or any private parry, that any removal or other remediation of any Hazardous Snbstance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. NoÚ1ing herein shall create any obligation on LeIlCler for an Environmental Cleannp. ~"6(WY) {00051 "" Pag;:; 1'2 of 15 ,"",:#wF Form 3051 1/01 \' , ['~'" J C0344 NON-UNIFORlvl COVENANTS. Borrower and Lender furùler covenant and agree as folJows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Jnstrument (but not prior to acceleration under Section ]8 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 Borrowe¡', by which the default IlIllSt be cured; and (d) that failure to cnre the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any othe¡' ¡'emedies permitted by Applicable Law. Lender shall be entitled to colJect all expenses incurred in pursuing the remedies prol'ided 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 Borrowe¡' in the manner provided in Section] 5. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable La w. 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, inclnding, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security lnstnllllent; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release t]¡is Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing ú¡is 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. N. Waivers. Borrower releases amI waives all rights under and by virtue of the homestead exemption laws of Wyoming. ~,-6(WY) 100051 ® Page 13 of 15 ,",.. AJ J A-fI 17~ Form 3051 1/01 ,--¿ ~~;~? ;-~> S ;'!ìnn4r' ".' '-~j l.. J J BY SI GNTN G U I :r..oW, Borrower accepts and agrees to the terms amI covenants contained 111 this Security Instrument and in any Rider executed by Borrower and recorcJed with it. Witnesses: - Burruwer (Seal) -BOITOWt:f (Seal) -Borrower ~.6(WY) (0005) Qý "7Jr~L_ (S"I) PAVEK aka -Burrower Jvl. Pavek ( Seal) (Seal) -Burruwer (Seal) -Borrower (Seal) Page 14 of 15 -Borrower (Seal) -Borrower Form 3051 1/01 " J '¡ , V" STATE OF WVO:MING, }-.i ¡J 00346 ¡U'" ¡,j ¡lie ¡Y' N ¡J County ss: The foregoing instrument was acknow1eclgecl before me this by MELINDA PAVEK aka Melinda M. Pavek , -. ·l / .",.,~- I.), \ Ie \ ,.LL.) '1 C .. B· Ç} :4/,)¿)/, 1\' Y omnnssJOIl ~XPlres:(;t'''L d . ~ ,6GIWY) (00051 ~1.!9 J ,/ ¡/ 1/ ¡ï /' ) û.·...j,l-LL.--l~ ~. Iv I( f,·/ ( , ,(,.'ì /l' " /._ IL'L/l./L Nutary Public ;i)¡;",~...Lõ. .n. "';~ "4f}lÇ\..J\' '...., ~. ,~ Q;;.Ä BARBARA A f<ARR F'¿,ge 15 ot 15 IrlItI~f[f Form 3051 1/01 .: n f) 4 7 ',' '-- oJ CONDOMINIUM RIDER TIllS CONDOMINIU1Vl RIDER is made this 19TH day of DECEMBER, 2005 and is incorporated into and shall be deemed to amend and suppJement the ìvlortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by []¡c undersigned (the "Borrower") to secure Borrower's Note to WELLS FARGO BANK, N. A. (the "Lemler") of the same date and covering the Property described in the Security Instrument ami located at: 186 MORNING STAR DR #C2, ALPINE, WY 83128 [I 'rDp~rly Address] The Property includes a unit in, together with au undivided interest In the common elements of, a comlominium project known as: [NaIIIC uf Cl)lId(JlllilliUIIl ]'mjectJ (the "Condominium Project"). jf the owners association or other entity whicl¡ acts for the Condominium Project (the "Owners Association") holds title to property for the benetit or use of its members or shareholders, the Property also includes Borrower's iJlterest in the Owners Association and the uses, proceeds and benetits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreernents made in tlIe Security Il1strument, Borrower al1d Lender further coven:ll1t and agree as follows: A, Condominium Obligations, Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documellts. The "Constituent Documents" are the: (i) Declaration or any ocher document wl¡ich creates the CondoIlliniuIll Project; (ii) by-laws; (iii) code of regulations; and (iv) other equiva1el1t docul1Jents. Borrower shall promptly pay, when due, all dues and aSsessments imposed pursuant to tile COl1srituent Documents. B. Property Insunlllce, So long as the Owners Associatiol1 maintains, wirll a generally accepted insurance carrit~r, a "master" or "blal1ket" policy OIl the CondominiullI Project wltich is satisfactory to Lemler amI which provides insurance coverage in [he alllounts (including deductible levels), for the periods, aud against loss by tire, hazards inclueled within the term "extended coverage," anel any other hazards, including, but not limited to, earthquakes and floods, froIll which Lender requires insurance, 0060939204 MUL TtST ATE CONDOMINIUM RIDER-Single FamilY'Fannie Mae/Freddie Mac UNIFORM INSTRUMENT C:8R (0008) Form 31401/01 page<!9¡ of 3 Initials: JÅ) /v~f VMP MORTGAGE F9~~ (800)521·7291 ~j ,'1 n I:; 4 0 ,j L U 0 [lieli: (i) Lenller waives ¡lie: pruvisiun in Sl~Lliun J lor tile I\;riodic 1\IYlllelll lO Lender ur dlt YL'arly prL'lI1iUIIl j¡¡srallments flJr propeny insuclnœ on L1le I'ropeny; aile! (ii) Burnlwer's oblig~l[iun umkr SL'ction 5 to nLlilJ[ain pmptrty insurance coverage on the I'ropell)' is deelned sa(isljee! III tile exltlll ¡hat llie required cove::rage is provided by [bL' Owners AssUl:i~ltion pOJILY. Wlia[ Lenc!c:r reqllires ;IS a é(JlJdi[ion 01 [liis waiver cal] cli~lnge during llle lerm of lite ]u;nl. Borrower sliall give Lelllkr prompt ]Jutiee or any lapse in required pliJperty insllLlllct coverage provided by tIle:: maste::r or blanket policy. In die evenl or ~¡ distribution of property insurance pruceeds in lieu of reStllcltion or rcp~lir rulJowillg a loss tu die Property, wlietller to llie unit or [0 L¡I/IIII](JII demL'llts, any proceeds paY~lbk to Borruwer are Iltrtby assigucd amI sli~¡]1 be paid [0 Lemler fur ~lpplic;lllllll [lJ L1le SlIms securtd by llle SecurilY JnslrumeIH, wliether lJr Ij(H ¡lien due, wÜI¡ tIle excess, if auy, paid llJ Bllrrower. C. /'ulJlic Liability Insurance. Borrower sliall rake sucll actions as may be reasoJJable tu illsure tliat 111l: Owners Associ;ltion m,lint,lills a public liability iIISULIIJL:e policy accept,lb!c: in furm, amount, and extelll uf Cllverage ((J Lender. n. COJJdel1mation. Tlie pmCè:eds 01 ~IIIY award or cLtim IiI! d¿IIJI,lges, dirL'ct or cOJ1sel/ueulial, p~ly;¡ble [II Borruwerill cUlllleLLioll willi aJ1Y cOJldellln¿l[itJJ1 or olher l¿¡bJlg oj ¿¡II or ,III)' p~ln of tlie '(Jperly, wheUln of llie uni[ or oj Ule cunlllllln elelJlents, or jor any cOIl\'eyallLt in lic:uoj LlJllCkl11lJ;ilioJl, are ¡Ineby assigned ,we] sllall be paid 10 Lenckr. Sucli proceeels SII,¡l1 be appliecl by Leuder {() 1.lle StUJlS secureel by [ht SeuJI'i¡y IJJSlruUlelll as pI(J\llkd in Section II. E. Ltuder's Prior COllseut. Borrower sll~¡l1 nUl, excepl ~Ifter nOlice to Lender ,lJId wilh Ltncler's prior written ('(JIISelll, eiUler p~lj IJlion or subclivide (he Propeny or CCJllselll to: (i) rile' ~lb~lne]onme'nt or tèrJ1lillatiuII uj ¡lie CondomiJlium PIIJjeCl, except for ab;lndtJJ1JiJeJ1t or termillalion required by law ill the case of sllbslanti~¡] elestruuiun by ¡jre or ollle'r c¿lsu,Jlly or in the case of ,¡ ¡,Ikill]! by cOilllemna¡ioll or el1lillell[ eI(I!Il~lin; (ii) allY anlelldlJleJ1t lù any provisioll or (lie COlls¡itncnl DOCillneJlt>, ij tlie provisioll is fur tile express benejjt oj' Lellder; (iii) tèrmiJlMiOIl of J!rufession;¡1 Jll¿ln¿¡gemellt ami ;ISSUJllplio] or SeJr--m;III,lgellltnt or lbe Owners Assuciatiun; or (iv) ~¡JJY ;tclioll which would b;lve tIle effect of reJ1dering [be publiL liability insurallce coverage lIlainl~lined by Llle Owners Associ~ltionu],lccept,¡bk to Lcmler. F. HemL'dies. If Borruwer dOl~s not pay conelullJiJliunl dues ,md ;ISSeSS]lents w]jen due, tbeJ1 Lender 111,1)' P~IY Illen1. Any ,UnUIIJJ[S disburseel by Lemkr uuckr LItis p;uagrapll F-' sball become ;Icldilioual debt or Borrown secureel by tilt Security lllstrulllelH Unless Borrower a ill I Lender agree to o[ber lerms of paymenl, (bese amOUllLS sball bear interest jrllm lilt elate or eljsbulseJ1lelll ,Il lbe Note nile and s]I;¡l1 be p;¡y;¡ble, willi illteresl, upunllolice from Lender lO [3orlllwer rec¡ul,:';ting ]">a)'ment. cw ·8R (0008) <v F'd[Je :2 lit 3 ?/1 / ¡fii:) 'lIi¡i"ls7'~r{!fl .... Form 31401/01 v"-) ¡-",~> c- U iJ J fjn'.)49 \j ,J 0 BY SlGNING BELOW, Borrower accepts and agrees to Condominium Rider. /Jj:!d9?!~,,\~~,:~; Pavek the terms ami provisions contained in this ~--- (Seal) ·Borruwer (Seal) -Borrower ._____ (Seal) -Bl)ffOWer . (Seal) - Burrower (Seal) -BorrolVcr (Seal) -Borrower _~ (Seal) -Burrower ~ -8R (0008) ~® Page 3 of 3 Form 31401/01 ~ f" (ì n I) t:: 0 ,) 1..- \.J ;) LEGAL DESCRIPTION Unit C-2 of the PaJisadesHeights Townhouses, a Condominium Addition to the Town of Alpine; Lincoln County, Wyoming, according to that plat tìled in the Otììce of the COllnty Clerk on October 8, 1993 as Instrument No. 249-A. This is a 1st Real Estate Mortgage recording concurrently with a 2nd Real Estate Mortgage dated 12/19/2005 in favor of Wells Fargo Bank N.A., in the original amount of $26,250.00. File NUlllhn: 5) 2(,7 Land Title Company Allached Legallkscriplion Pagé I oj'l