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Home My WebLink About915230 COC676 j/ Return To: WELLS FARGO BANK N.A. FINAL DOCUMENTS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121-1663 Prepared By: SARAH ENGLAND WELLS FARGO BANK, N.A. 1150 WEST WASHINGTON ST TEMPE, AZ 85281- [Space Above This Une For Recording Data] MORTGAGE 0149592016 RECEIVED 1/13/2006 at 4:27 PM RECEIVING # 915230 BOOK: 609 PAGE: 676 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DEFINITIONS Words used in multiple sections of this document are defined below and other words are .( defined in Sections 3, 11,13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JANUARY 13, 2006 together with all Riders to this document. (B) "Borrower" is CHRISTOPHER E CREWS AND JEAN M CREWS HUSBAND AND WIFE <' . I ..) I I Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. lender is a National Association organized and existing under the laws of THE UNITED STATES OF AMERICA WYOMING· Single Family. Famle Mae/freddie Mac UNIFORM INSTRUMENT Initials: ~ J C FORM 3051 1/01 Page 1 of 18 SWY01 Rev 08/13/01 OSlSZJO coe677 lender's address is P. O. BOX 5137, DES MOINES, IA 50306-5137 lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JANUARY 13, 2006 The Note states that Borrower owes lender ONE HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED AND NO/100 Dollars (U.S. $ ...1.~1,~OO,QQ...............) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note. and all sums due under 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]: [X] Adjustable Rate Rider D Condominium Rider D Second Home Rider D Balloon Rider D Planned Unit Development Rider D 1-4 Family Rider D VA Rider 0 Biweekly Payment Rider [X] Other(s) [specify] Prepayment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct. or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine 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, the Property; (ii) condemnation 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. (M) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or default on, the loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "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 additional or successor legislation or regulation that SWY02 Rev 12/18/00 Page 2 of 18 InitiaIS:~ C. üé.- FORM 3051 1/01 f,i!';å~:·.·l';'' ¡W i;~::~~W:;~ 0311.5230 C00678 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. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's convenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. THIS IS A PURCHASE MONEY MORTGAGE. Parcel ID Number: 306 LOWER SUNSET DRIVE KEMMERER ("Property Address"): which currently has the address of [Street] [City). Wyoming 83101 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. SWY03 Rev 11/06/00 Page 3 of 18 Initials:~C. Je- FORM 3051 1/01 09~S230 ~OC679 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 the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by lender as payment under the Note or this Security Instrument is returned to lender unpaid, lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by lender in accordance with the notice provisions in Section 15. lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. SWY04 Rev 11/06/00 Page 4 of 18 InitiaJs:~ VL FORM 3051 1/01 ~0j~illiJ :00680 nc,.,~~. c-:230 V--..:l.....-"....Ji Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the loan, lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrpwer, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to lender all notices of amounts to be paid under this Section. Borrower shall pay lender the Funds for Escrow Items unless lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by lender and, if lender requires, shall furnish to Lender receipts evidencing such payment within such time period as lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, lender 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 amounts, that are then required under this Section 3. lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit lender to apply the Funds at the time specified under RESPA, 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 Escrow Items no later than the time specified under RESPA. lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and Applicable law permits lender to make such a charge. Unless an agreement is made in writing or Applicable law requires interest to be paid on the Funds, lender shall not be SWY05 Rev 11/06/00 Page 5 of 18 Initials:~ Te- FORM 3051 1/01 ,:I~ '......'.:¡:.,....',. :'.. . L:?i!M~¡~¡¡~;:: ',-:':: ':: .......'I,~....~.; ¡ ;,'" 'I O:S:lS230 ~OC681 n~quired to pay Borrower any interest or .earnings on the f.unrls. Borrower and .L.ender can Bgree in writing, however, that interest shall be paid on the f.unds. .Lender shall give to Borrower, without charge, Bn annual accounting of the f.unds as required by RESPA. Ifthere is a surplus of f.unds held in escrow, BS defined .under RESPA, lender shall Bccount to Borrower ior the excess funds in accortlance with RESPA. If there is a shortage of f.unds held in escrow, as rlefined .under RESPA, lender shall notify Borrower as required by RESPA, Bnd Borrower shall pay to .Lender the Bmount necessary to make .up the shortage in accordance with RESPA, but in no more than 12 monthly payments. Ifthere is B deficiency of f.unds held in escrow, BS defined .under RESPA, lender shall notify Borrower BS required by RESPA, and Borrower shall pay to .Lender the amount necessary to make.up the deficiency in accordance with RESPA, b.ut in no more than 12 monthly payments. Upon payment in full of BII sums secured by this Security Instr.ument, lender shall promptly refund to Borrower any f.unds held by .Lender. 4. Charges; .Liens. Borrower shall pay all taxes, assessments, charges, fines, Bnd impositions Bttributable to the Property which can attain priority over this Sec.urity Instr.ument, leasehold payments or ground rents on the Property, if any, and Comm.unity Association Dues, fees, and Assessments, if any. To the .extent that these items are Escrow Jtems, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge Bny lien which has priority over this Security Instr.ument .unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Hen in B manner acceptable to lender, but only so long BS Borrower is performing such Bgreement; (b) contests the Hen in good -faith by, or de1ends against .enforcement of the Hen in, legal proceedings which in lender's opinion opemte to prevent the .enforcement of the Jien while those proceedings Bre pending, but only .until such proceedings are concl.uded; or (c) secures from the holder of the Hen an Bgreement satisfactory to .Lender $.ubortlinating the lien to this Sec.urity Instrument. if lender detennines that Bny part of the Property is subject to B lien which can Bttain priority over this Sec.urity Instr.ument, lender may give Borrower B notice identifying the lien. Within 10 days of the rlate on which that notice is given, Borrower shall satisfy the Jien or1ake one or more ofthe Bctions set forth Bbove in this Section 4. .Lender may require Borrower to pay.a one-time charge ior B real .estate 1ax verification .and/or reporting service .used by lender in connection with this .Loan. 5. Property Jnsunmce. Borrower shall keep the improvements now.existing or hereaiter .erected on the Property ins.ured Bgainst loss by fire, hazartls included within the term "extended coverage," Bnd any other hazards incl.uding, but not Hmited to, .earthquakes Bnd floods, ior which .Lender requires jns.umnce. ¡his ins.urance shall be maintained in the Bmounts (incJ.uding deductible levels) Bnd iorthe periods that .Lender requires. What .Lender req.uires pUfS.uant to the preceding sentences can change D.uring the term of the .Loan. The ins.umnce carrier providing the insurance $hall be chosen by Borrower subject to under's right to disapprove Borrower's choice, which right shall not be exercised .unreasonably. lender may require Borrower to pay, in connection with this .Loan, .either: (a) a one-time charge ior lIood .zone determination, certification .and tracking services; or (b) a one-time charge ior ilood .:zone rletennination and certification services Bnd s.ubseq.uent charges .each time remappings or similar changes occ.ur which reasonably might Bffect such rletennination SWY06 flav 10125100 PAge ß of 1B JnltjJiI.s~L -cJC- FORM 3051 1/01 ~:;:~:l:~:I¡i~f:~i:i;J 0<:::."" er->30 ...J~iL.l.~ ::OC682 or 1:ertification. Borrower shall also be responsible for the payment of any fees imposed by 1he Federal Emergency Management Agency in 1:onnection with the review of any 1Iood .zone detennination n~sulting irom an objection by Borrower. If Borrower fails to maintain any of the coverages described above, lender may obtain insurance 1:overage, at lender's option and Borrower's expense. lender is under no obligation to purchase any particular type or amount of 1:overage. Therefore, such 1:overage shall cover lender, but might or might not protect Borrower, Borrower's equity in the Property, or the 1:ontents of the Property, against any risk, hazard or liability and might provide greater or lesser 1:overage than was previously in effect. Borrower acknowledges that the 1:ost of the insurance 1:overage so obtained might significantly exceed the 1:ost of insurance that Borrower 1:ould have obtained. Any amounts disbursed by lender under 1his Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall .be payable, with such interest, upon notice irom lender to Borrower requesting payment. All insurance policies required by Lender'and renewals of such policies shall be subject 10 lender's right to disapprove such policies, shall include a standard mortgage dause, and shall name lender as mortgagee and/or as an additional loss payee. lender shall have the right to hold the policies and renewal 1:ertificates. If lender requires, Borrower shall promptly give to lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage dause and shall name lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance œrrier 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 restoration orrepair of the Property, if the restoration or repair is economically feasible .and lender's security is not lessened. During such repair .and restoration period, Lender shall have the right to hold such insurance proceeds .until lender has had .an opportunity to inspect such Property to ensure the work has been 1:ompleted to lender's satisfaction, provided that sU1:h inspection shall .be .undertaken promptly. lender may disburse proceeds for the repairs and restoration in .a single payment or in .a serÏßs of progress payments as the work is 1:ompleted. 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 partÏßs, retained by Borrower shall not be paid out of the insurance proceeds and shall .be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall .be .applied to the sums secured .by this Se1:urity Instrument, whether or not then due, with the excess, jf any, paid to Borrower. Such ins.urance proceeds shall be .applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may 1ile, negotiate and settle any available insurance 1:laim and related matters. If Borrower does not respond within 30 nays to .a notice from Lender that the insurance œrrier has offered to settle a daim, then lender may negotiate and settle the daim. The 3D-day period will begin when the notice is given. In SWY07 Rev 10/.25/00 PJlge 7 of 18 JnjtiJ1¡¡~L- FORM 3051 1/01 ur::.-- ¡II! " .':~::::~;::::::~::;;: ".i! .:. t".?~O .. ~ -., ,,¡¡.,,-.s "ù>--J ---.;.'4....JJ ~OD683 ßither ßVßnt, or if lßnder B.cquires the Property under Section 22 or otherwise, Borrower hereby B.ssigns to lßnder (a) Borrower's rights to B.ny insuœnce procßeds in B.n B.mount not to ßxceed the B.mounts unpaid under the Note or this Security Instrument, B.nd (b) any other of Borrowßr's rights (other than the right to B.ny rßfund of unearned premiums paid by Borrower) under B.II insurance policies covering the Property, insofar as such rights B.re B.pplicable to the coveœge of the Property. lßnder may use the insurance procßeds ßither to repair or rßstore the Property or to pay B.mounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, ßstB.blish, B.nd use the Property B.S Borrower's principal residencß within 60 days B.ftßr the ßXßcution of this Security Instrument B.nd shall confinue to occupy the Property B.S Borrower's principB.1 rßsidence for B.t leB.st one Yßar B.1ter the £late of occupancy, unless lßnder otherwise B.greßs in writing, which consent shall not be unrßB.sonably withheld, or unless ßxtenuating circumstances ßxist which B.rß beyond Borrower's control. 7. Preservation, Maintenance Bnd Protection of the Property; Jnspections. Borrowßr shall not destroy, damagß or impB.ir the Property, B.llow the Property to deterioœte or commit waste on the Property. Whethßr or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevßnt the Property irom deteriorating or decrßB.sing in vB.lue due to its condition. Unless it is determined pursuant to Section 5 that repair or rßstoœtion is not ßconomically feasible, Borrower shall promptly repair the Property. if damaged to B.void further deterioration or damB.ge. If insuœnce or condemnB.tion proceeds B.re paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repB.iring or restoring the Property only if lßnder has releB.sed proceeds for such purposes. lßnder may disburse proceeds for the repairs .and restoœtion in .a single p.ayment or in .a series of progress payments .as the work is completed. If the insur.ance or condemnation proceeds B.re not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoœtion. lßnder or its .agent truiy make reasonable ßntries upon .and inspections of the Property. If it has reasonable cause, lender may inspect the interior of the improvements on the Property. lßnder shall give Borrower notice .at the time of or prior to such .an intßrior inspection specifying such reB.sonB.ble cause. B. Borrower's .Loan Application. Borrower shB.1I be in default if, during the loan .application process, Borrower or any persons or ßntities .acting B.t the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or stB.tements to lßnder (or failed to provide lender with material information) in connection with the loan. Material representations include, but .are not limited to, rßpresentations concerning Borrower's occupB.ncy of the Property .as Borrower's principal residence. 9. Protection of ander's Jnterest in the Property.and Rights Under this Security Jnstrument. If (B.) Borrower fails to perform the covenants .and B.grßements containßd in this Sßcurity Instrument, (b) there is a legal proceeding that might significantly .affect lßnder's interest in the Property .and/or rights under this Security Instrument (such B.S B. proceeding in bankruptcy, probate, for condemnation or forfeiture, for ßnforcement of .a lien which may .attain priority over this Security Instrument or to ßnforcß Jaws or regulations), or SWY08 Rev 10125/00 Page 8 of 18 t:¡;m;!;~~m;i;~1~::¡ nitials~L- Cle.- fDRM 3051 1/01 :!;ij~i~¡:~i!¡,;;~'~~~~~1~~jj¡¡,:;:~,·, , : :->:':0:':-:':-:-:<-: . ;!~ii¡\ ····~ll: ·c.···..,;f{; " '," , ·"··'····i·¡·'·~·'·· :'¡;:)I~ , ,,( .. .... r::-<r)¡ "'1.0 IIJ .::J ..c.:.....li ~ ~ ro. Ji 6 :. uC' 84 (c) Borrowßr has abandonßd the Property, thßn lßndßr may do and pay for whatever is reasonable or appropriatß to protßct lßndßr's interest in thß Propßrty and ri!hts under this Security Instrument, including protecting and/or assessin! thß value of the Property, and securing and/or rßpairing the Property. Lender's actions can include, but am not Iimitßd to: (a) paying any sums sßcurßd by a lißn which has priority over this Sßcurity Instrumßnt; (b) appßaring in court; and (c) paying reasonablß attorneys' fees to protect its interßst in the Property and/or rights under this Security Instrumßnt, including its sßcurßd position in a bankruptcy proceeding. Securing the Property includes, but is not Iimitßd to, ßntßring the Property to make rßpairs, change locks, rßplacß or board up doors and windows, Drain watßr from pipßs, ßliminate building or other code violations or Dangerous conditions, and have utilities turned on or off. Althou!h lßnder may take action under this Section 9, lender does not have to do so and is not undßr any Duty or obligation to do so. It is agrßßd that lßnder incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts Disbursed by lßnder unDer this Section 9 shall become additional Debt of Borrower securßd by this Security Instrument. ìhese amounts shall bear intßmst at the Note rate from the Date of Disbursement and shall be payable, with such intemst, upon notice from lender to Borrower requesting payment. Ifthis Security Instrument is on a leasehold, Borrowßr shall comply with all the provisions of the lease. If Borrower acquirßs fee title to the Property, thß Ißasehold and the fee title shall not merge unless lßnder agrßes to the mßr!er in writin!. 10. Mortgage Jnsunmce. If lßnder requirßd Mortgagß Insurance as a condition of making the loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in ßffect. If, for any reason, the Mortgage Insurance coverage requirßd by lßnder ceases to be available from the mort!age insurer that prßviously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially ßquivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in ßffect, from an alternate mortgage insurßr selected by lßnder. If substantially ßquivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to lßnder 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 Mort!a!e Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the loan is ultimately paid in full, anD lenDer shall not be required to pay Borrower any interest or ßarninfs on such loss reserve. lßnder can no longer rßquire loss reserve payments if Mort!age Insurance coverage (in the amount and for the period that lßnder requirßs) provided by an insurßr selected by lender again becomes available, is obtained, and lender rßquires separately Designated payments toward the prßmiums for Mortfage Insurance. If lender required Mortgage Insurance as a condition of makinf the loan and Borrower was required to make separately Desifnated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in ßffect, or to provide a non-refundable Joss rßserve, untillßnder's requirement for Mortgage Insurance ßnds in accordance with any written agreement between Borrower and lßnder providin! for such termination or until termination is required by Applicable law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. SWY09 Rev 11/13/00 P.age 9 of 18 Injtjals~ FORM 3051 1/D1 r;G ¡ Ì; (.·..<1 r.::'~:>O \OJ .':.1 --.:...J{1~U ~OC685 Mortgage Insurance reimburses lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. ìhese agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. ìhese agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result ofthese agreements, lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. 1he arrangement is often 1ermed "captive reinsurance." further: (a) Any such .agreements will not .affect the .amounts that Borrower has .agreed to pay tor Mortgage Jnsurance, or .any other tenns of the Loan. Such .agreements wiJI not jncre.ase the amount Borrower wj owe for Mortgage Jnsumnce, BOd they wj not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Jnsumnce under the Homeowners Protection Act of 199B or any other Jaw. These rights may include the right to receive œrtain ¡fiscJosures, to request .and obtain J:aI1ceJJation of the Mortgage Jnsunmce, to have the Mortgage Insurance tenninated automatically, andlor to receive a refund D1 BOy Mortgage Insumnce premiums that were unearned at the time D1 such cancellation Dr tennination. 11. Assignment D1 MisceJlaneous Proceeds; FDrteiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and lender's security is not lessened. During such repair and restoration period, lender shall have the right to hold such Miscellaneous Proceeds until lender has had an opportunity to inspect such Property to ensure the work has been completed to lender's satisfaction, provided that such inspection shall be undertaken promptly. lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. SWY10 Hev 10/25100 Page 10 of 18 Jnjtials:~ uc. FORM 3051 1/D1 , ¡:il¡¡~~:~:i:~:~;¡ i~i ~ ·'jl~¡ ,;: ~;l¡I ~ j ~ ¡~~~~(¡~~ ~ ~ :: /:::;;:::;:::::;:::;:- . '::j:::¡:¡:¡¡¡H::U: .: :':t:~:rt/· .-<T-'¡' ~30 ' .' .' - fJ..:! \G~·~~ ~00686 In the event of a total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, 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 sums secured by this Security Instrument whether or not the sums are then due. Ifthe Property is abandoned by Borrower, or if, after notice by lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to lender within 30 days after the date the notice is given, lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. MOpposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in lender's judgment, could result in forfeiture of the Property or other material jmpairment of lender's interest in the Propert'y or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in lender's judgment, precludes forfeiture of the Property or other material impairment of lender's interest in the Property or rights under this Security Instrument. ìhe 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 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization ofthe sums secured by SWY11 Rev 11/06/00 Pllge 11 of 18 InitillJs~ FORM 3051 1/01 .:rc.... nL ,,;'r:-:2JO 'UI.:::J~U; '"'{ìnb'="g· 7 \. 'J u this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender in exercising any right or remedy including, without limitation, lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint.and Several liability; Co-signers; Successors Bnd Assigns Bound. Borrower .covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who .co-signs this Security Instrument but does not execute the Note (a ".co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) js not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regarrJ to the terms ofthis Security Instrument or the Note without the co-signer's consent. Subject to the provision of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and js approved by lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. 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 this Security Instrument shall bind (except .as provided in Section 20) .and benefit the successors .and assigns of lender. 14. .Loan Charges. lender may charge Borrower1ees for services performed in .connection with Borrower's default, for the purpose of protecting lender's interest in the Property .and rights under this Security Instrument, including, b.ut not limited to, .attorneys' fees, property inspection and valuation fees. In regard to .any other fees, the .absence of express authority in this Security Instrument to charge .a specific fee to Borrower shall not be construed .as a prohibition on the charging of such fee. lender may not charge fees that .are expressly prohibited by this Security Instrument or by Applicable law. Ifthe loan is subject to a Jaw which se1s maximum loan charges, and that Jaw is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the 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 this 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 witho.ut .any prepayment charge (whether or not .a prepayment charge is provided for under the Note). Borrower's .acceptance of any such refund made by direct payment to Borrower will .constitute a waiver of .any right of .action Borrower might 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 this Security Instrument shall .be deemed to have been given to Borrower when mailed by first class mail or when .actually delivered to Borrower's notice .address if sent by other means. Notice to .anyone Borrower shall constitute notice to .all Borrowers unless Applicable law expressly SWY12 Rev 11/06/00 Page 12 of 18 Initials:-ª.?- Dè FORM 3051 1/01 ~;'':¡]i:~(··::¡::ill :: :¡¡!¡:~~;:~¡~:~¡i~i: ~ ·.:~?t::~f~(·:: ::::,;;;::;~,::~~:::~:~,>::; . ':0,'" ,":,>, ',:>: ",',.., ,,<r> '-"»30 ~ >:''''' '\·Þd uJ~_ :-OC688 requires otherwise. The notice .address sh.all be the Property Address .unless Borrower has designated a substitute notice .address by notice to lender. Borrower shall promptly notify lender of Borrower's change of .address. If lender specifies a procedure for reporting Borrower's change of .address, then Borrower shall only report .a change of .address through th.at specified procedure. There may be only one designated notice .address .under this 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 in 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 this Security Instrument is .also required .under Applicable law, the Applicable law requirement will satisfy the corresponding requirement under this Security Instr.ument. 16. Governing 1.aw; Severability; Rules of Construction. This Security Instr.ument shall be governed by federal law .and the Jaw of the jurisdiction in which the Property is located. All rights .and obligations contained in this Security Instrument .are subject to .any req.uirements .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 constr.ued .as .a prohibition .against .agreement by contract. In the event that .any provision or cJause of this Security Instrument or the Note conflicts with Applicable law, such conflict shall not .affect other provisions of this Security Instrument or the Note which can be given ßffect without the conflicting provision. As .used in this Security Instrument: (.a) words of the m.asculine gender shall me.an .and include corresponding neuter words or words of the ieminine 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 Jnstrument. 18. Transfer of the Property or.a Beneficial Jnterest in Borrower. As .used in this Section 1B, ·Interest in the Property" means any legal or beneficial interest in the Property, incJuding, but not limited to, those beneficial interests transferred in a bond fur deed, contract for deed, installment sales contract or ßScrow .agreement, the intent of which is the transfer of title by Borrower at .a f.uture date to.a p.urchaser. If all or any p.art ofthe Property or any Interest in the Property is sold or tr.ansferred (or if Borrower is not a natural person .and .a beneficial interest in Borrower is sold or transferred) witho.ut lender's prior written consent, ifmder may require immediate payment in full of all sums sec.ured by this Sec.urity Instrument. However, this 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 this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, lender may invoke any remedies permitted by this Security Instrument witho.ut further notice or demand on Borrower. SWY13 Rev 11/00/00 Page 13 of 18 JnjtialJò~ ;:¡C- FORM 3051 1/01 ~,::~:::~:¡::::::::::: '¡,¡- .,.,....'...'...'.',.,.... ,:::;:::i:;:::::::;:::::::;: ,.....,..'..,...,','..,',' . ;':-:';':':';4:.:.;.:« :·,':~·:ijJtt~jt;j~: .)¡¡:¡:¡~¡¡¡¡¡¡j¡!¡';:~ ;r')-'1 .e u,·" ~?~ . '-""---'-~~\.AO ~or689 19. Borrower's Right to Reinstate After AcceJeration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument rfiscontinued Bt any time prior to the earliest ot (a) iive days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period BS 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 BII sums which then would be due under this Security Instrument Bnd the Note BS if no Bcceleration had occurred; (b) cures Bny default of Bny other covenants or Bgreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable Bttomeys' fees, property inspection Bnd valuBtion fees, Bnd other fees incurred for the purpose of protecting lender's interest in the Property and rights lJnder this Security Instrument; Bnd (d) takes such Bction as lender may reasonably require to assure that lender's interest in the Property and rights under this Security Instrument, Bnd Borrower's obligation to pay the sums secured by this Security Instrument,. shall continue lJnchanged. lender may require that Borrower pay such reinstatement sums Bnd expenses in one or more of the following forms, as selected by lender: (a) cash; (b) money oroer; (c) certiiied check, bBnk check, treasurer's check or cashier's check, provided Bny such check is rfrawn lJpon Bn institution whose deposits Bre insured by a federal Bgency, instrumentality or entity; or (d) Electronic funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective BS if no Bcceleration had occurred. However, this right to reinstate shall not Bpply in the case of BccelerBtion under Section 18. .20. Sale of Note; Change of .Loan Servicer; Notice of Grievance. ìhe Note or B 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 B change in the entity (known BS the ".Loan Servicer") that collects Periodic PByments due under the Note Bnd this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, Bnd Applicable .Law. There Blso might be one or more changes of the loan Servicer unrelated to a sale of the Note. If there is a change of the loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new loan Servicer, the Bddress to which payments should be made Bnd Bny other information RESPA requires in connection with B notice of transfer or servicing. If the Note is said Bnd therea1ter the loan is serviced by B 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 B successor .Loan Servicer Bnd are not assumed by the Note purchaser lJnless otherwise provided by the Note purchaser. Neither Borrower nor .Lender may commence, join, or be joined to Bny judicial Bction (as either Bn individual litigant or the member of a class) that arises from the other party's Bctions pursuant to this Security Instmment or that Blleges that the other party has breached Bny provision of, or Bny dilly owed by reason of, this Security Instrument, lJntil such Borrower or .Lender has notiiied the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforoed the other party hereto B reasonable period after the giving of such notice to take corrective action. If Applicable law provides 1i time period which must elapse before certain Bction can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. SWY14 Rev 12/27/00 P Jlge 14 of 18 InitW5:~ 7C- FORM M51 1/01 !:~: ~1~:¡;j;~~;;¡:~: ;~:; ¡ f' .,- ..;. rrP:1.0 t..i ~'- \~.... 0~..:-;~ ri\(!'9·0 \. t.J' U , The notice of Bccelemtion Bnd opportunity to cure given to Borrower pursuant to Section .22 Bnd the notice of accelerBtion given to Borrower pursuant to Section 18 shBII be deemed to satisfy the notice and opportunity to tBke corrective Bction provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" Bre those substances defined BS toxic or hazärdous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other ilammable or toxic petroleum products, toxic pesticides Bnd herbicides, volatile solvents, materials containing Bsbestos or formaldehyde, Bnd mdioactive materials; (b) "Environmental Law" means federal laws and laws of1he jurisdiction where the Property is located thBt relate to health, safety or environmental protection; (c) ":Environmental Cleanup" includes Bny response action, remedial Bction, or removal Bction, BS defined in Environmental law; and (d) Bn "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger Bn :Environment Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or releBse of Bny Hazardous Substances, or threaten to release Bny Hazardous Substances, on or in the Property. Borrower shall not do, nor Bilow Bnyone else to do, Bnything 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 B condition that Bdversely Bffects the value of the Property. The preceding two sentences shall not Bpply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that Bre generBlly recognized to be Bppropriate to normal residential uses and to mBintenance of the Property (including, but not limited to, h.azarrlous substances in consumer products). Borrower shall promptly give lender written notice of (B) Bny investigation, daim, demand, lawsuit or other .action by Bny governmental or regulBtory agency or private party involving the Property Bnd any Hazardous Substance or Environmental law of which Borrower has Bctual knowledge, (b) Bny :Environmental Condition, including but not limited to, Bny spilling, leaking, discharge, release or threat of release of .any Hazardous Substance, Bnd (c) Bny condition caused by the presence, use or release of a Hazardous Substance which .adversely .affects the v.alue of the Property. If Borrower learns, or is notified by any governmental or regulatory Buthority, or any private party, that Bny removal or other remediation of Bny HazBrdous Substance Bffecting the Property is necessary, Borrower sh.all promptly take BII necessary remedial Bctions in Bccordance with :Environmental law. Nothing herein shall create .any obligation on lender for .an :Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower Bnd Lender 1urther covenant and .agree BS follows: 22. Accelemtion; Remedies. Lender shall give notice to Borrower prjor to accelemtion following Borrower's bruch of any covenant or agreement in this Security Jnstrument (but not prior to accelemtion under Section 18 unless ApplicabJe Law provides .otherwise). The notice shall specify: (a) the default; (b) the .action required to cure the default; (c) a däte, not Jess than 30 däys from the däte the notice is !Jiven to Borrower, by which the default must be cured; and (d) 1hat "failure to cure the default .on .or before the date specified in the notice may result in accelemtion of the sums secured by this Security Jnstrument and sale of the Property. The notice shall further infonn Borrower of the right to reinstate Bfter BcceJemtion .and the right to bring B court action to assert the non-existence of a defÆWIt or any other defense of Borrower to accelemtion Bnd sale. Jf the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment SWY15 Rev 10/25/00 PJlge 15 of 18 InitÎJItJ¡~ -::JC- FORM 3051 1/01 ¡í'.;.;'.,·.:" <-"'»4)0 '-.Ii '-" ~.~ [.I,e \.J ; ;:~~IW~~fm> r!\f¡691 '''Vu In full of BII sums secured by this Security Jnstrument without further demand BI1d may invoke the power of sale BI1d Bny other remedies pennitted by Applicable Law. Lender shall be entitled to collect BII expenses incurred in pursuing the remedies provided in this Section n, including, but not limited to, reasonable Bttomeys' fees Bnd costs of title evidence. Jf Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower BI1d to the person in possession of the Property, if different, in Bccordance 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, Bnd the Property shall be sold in the manner prescrllied by Applicable Law. Lender or ü:s designee may purchase the Property Bt Bny sale. The proceeDs of the sale shall .be BJJpJied in the following order: (a) to BII expenses of the sale, incJuding, but not Jimited to, reasonable Bttomeys' fees; (b) to BII sums secured by this Security Instrument; BI1d (c) Bny excess to the person Dr persons legally entitled to it. .23. Release. Upon payment of all sums secured by this Security Instrument, lender shall release this Security Instrument. Borrower shall pay any recordation costs. lender may charge Borrower a ieetor releasing this Security Instrument, but only if the iee is paid to a third party fur services rendered and the charging of the tee is permitted under Applicable law. .24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption Jaws of Wyoming. SWY16 Rev 10/25/00 PAge 16 of 18 ij¡fim~¡;:iWj~~) JnitjAJI:~C- ¡:;;c., FORM 3051 1/01 ~:.,":..,-" t:"'9~'O <J',-I..:.-:r~(J..dU ~OC692 BY SIGNING BElOW, Borrower accepts and agrees 10 1he 1erms and covenants contained in this Security Jns1rument and in any Rider executed by Borrower and recorded with it. Witnesses: SWY17 Rev 12/27/DO Page 17 Df 18 ~~a (Seal) Borrower ~_ -m. f--1n~ M CREWS (Seal) Borrower nitjaI5~L ~ FORM 3051 1/D1 ,-, "-230 ~~J: ~'~,~ ' ' [,{'\""~93 ,-uLu STATE OF WYOMING, LINCOLN w V\~ County ss: The foregoing instrument was .acknowledged before me this JANUARY 13,2006 by CHRISTOPHER E CREWS AND JEAN M CREWS '-:::--~-C--~:-';"';';~"'''':~~:'~'~~~-'':::----_., L§ANCYSTAfFOiID-..NOTARY f'UBUC J:!WIY Of STAlE If amN Wior.lMJ My ~Co~ss!on _&.,,:35 I b - d -D 1 ..;......::~-',,- '-..:..-..:.:....~v--" '-,,~.-....1>-.,;f"~ My Commission Expires: 1 D '" }-1Jl v( SWY18 Rev 10/25/00 Page 18 of 18 JnitiaJs:~ fORM M51 1/01 'JL.-" ~ i!¡~ ~i¡~~j~! !~;:: ; ,~: :'; .:i ,:,;:;~.;:!: "';', ' ';":' ';', ., "" , , ""'. ",,'..-- 5230 ~--.!i .--.J- or694 Lot l o£ Block 4 o£ BlIDS€t BubdiviBion to th€ K€IIIII1€r€r I Lincoln County I Wyoming aB d€BCribed on the plat th€r-eo£. 70W11 o£ o££icial q ,., -<, ,,-? <rJ>o ¡¡.; ::J ~:;).; 1<.0' Ù r. '" n ,.. 9 r.:: 'r'~ Ð', ., ~ ',J....' v U ADJUSTABLE RATE RJDER D149592016 2 YEARI6 MONTH LIBOR INDEX - RAl'E CAPS ( Auumable øuring life of Loan) (First Business Day of Preceding Month l.ookback) THIS ADJUSTABLE RATE RIDER is made this 1ª!hJ~ªY..-9!A.~rHJA~X.~ºQ.ç........._......., 2nd is incOIporated into and Bball be deemed to ln1Wnd and Bupp1ement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security 1nstrument") of the BaIne date given by the underBigned (the "Borrower") 10 Becure the bOITowt:r'B Adjustable Rate Note (the "Note") 10 ...._......................._..................................... .~. fA~ ~.'?. ~A~ ~J. .t;I.~:.. ......... ................... .... _....... .._.. ....... ........ ",_,,, ..... ............ .... -......__....(the ''L.ender'') of the BaIne date and covering the property œBCribed in the Security .Instrument and located at: ...... ~Q.ç. J:.-º~.J:\. ~ ~ .f:.I.?fJ: ..P.B.J.VÉ~. .~~.M~IIIJ:\ 1. WY... ~~.1.Q1.. ............ ........ ...... .... .......... ....._...... ............................. (Property Address) TIlE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN TIlE JNIEREST RATE AND TIlE MONIHLY PAYMENT. TIlE NOTE LIMITS TIlE AMOUNT TIlE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TIlE MAXIMUM RATE 'IHEBORROWER MUST PAY. ADDmONAL COVENANTS. 1n addition to the COvenantB .and .agreements made in the Security .Instrument, BOITower and Lender further covenant and .agree as follows: A. JNTEREST HAlE AND MONTHLY PAYMENT CHANGES The Note provides for 2n initial intereBt rate of ...J~:,.~~.......... %. The Note provides for changes ,in the intereBt rate and the monthly payments, as followB: 4. JNTEREST HAlE AND MONTHlY PAYMENT CHANGES (A) Change Dates The intereBt rate 1 will pay may change on the firBt day of ~R~~Jn:,~.Q~~...... , and may change on 1hat day every .sixth month thereafter. Each date on which my interest rate could change is called a "~e Date." (B) The Jndex Beginning with the fuBt ~e Date, my intereBt rate will be based on 2n 1ndex. The "lndex" is the .six month London Interbank Offered Rate· ("ilBOR") which is the average of interbank offered rates for .six-month u.s. dollar-denominated deposits in the London market, as published in Tilt: WJÚi S1rcct JOJJI1lJÚ. '1ne moBt recent lndex .figure available as of the fÏrBt business day of the month imm~diately preceding the month in which the Change Date occurs is called the "Current lndex. ., MUL TIST Al'E ADJUST ABŒ RAl'E RIDER 6-Month UBOR Jndex (Auumable øuring life of Loan) (First Business Day Lookback) - Single FJlmily - Freddie Mac UNIFDRM INSTRUMENT Fonn 5120 .3/04 £C108A Rev. 09/21/04 ro', ~.' ,',"I",'j' ;',',' , < f;::::~:illi:~:::::··.": ',',',', 'f j~,~,',\; d::/'-5230 {I n ~.96 .\)...'\.1 0149592016 If the Index is no longer .available, the Note Holder will choose .a new index that is based upon comparable infonnation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change D.ate, the Note Holder will calculate Cfó new interest rate by .adding .~.~~...~~mtºmt:,ªtL_.....................................percentage points (..__~~?............ %) to the Current Index. The Note Holder will then round the result of this .addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then detennine the amount of the monthly payment that would be Bufficient to repay the unpaid principal that I .am expected to owe.at the Change Date in full on the maturity date .at my new interest rate in substantially equal payments. The result of this ca1cu1ation will be the new.amount of my monthly payment. (D) limits Dn Interest Rate Changes ìhe interest rate I .am required to pay .at the .fIrst Change Date will not be greater than .J~:1.??....... % or less than ....~.~!?®._...... %. 'Ibereafter, my interest rate will never be increased or decreased on .any .single Change Date by more than _º~~.........................__................_......_._............ percentage points (...._...J...Q.®........ %) from the r.ate of interest 1 have been paying for the pœceding .sixmonths. My interest r.ate will never be greater than ...J.?~-µ!?......... %. (E) Effective Date Df Changes My new interest r.ate will become clfective on each Change D.ate. I will pay the .amount of my new monthly payment beginning on the fust monthly payment date after the Change Date until 1he .amount of my monthly payment changes .again. (F) Notice Df Changes ìhe Note Holder will rleliver or mail to me .a notice of .any changes in my interest r.ate .and the .amount of my monthly payment before the clfective date of .any change. The notice will include infonnation required by law to be given me .and .also the title .and telephone mnnber of .a person who will.answer .any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL IN1EREST IN BORROWER. Section 18 of1he Security Instrument is.amended to read.as follows: Transfer of the Property or.a Bp.np.fidßI Interest in Borrower. As wed in this Section 18, "Interest in the Property" means.any legal or benefIcial interest in the Property, including, but not limited to, those beneficial interests transferred in.a bond for deed, contract for deed, installment .sales contract or eBCTOW .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 .a Borrower is not .a natur.al person .and .a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of.all Sl.lI11S MOl TIST ATE ADJUST ABŒ RATE RIDER 6-Month USOR tndex (Auumable Jiuring life of .loan) Form 5120 3/04 £C1OBL Rev. 01/25/05 (Fin¡t Business Day l.ookba.ck) - Single FJlmily - Frsddie Mac UN IFORM INSTRUMENT r'fìnn97 \. \)\..(0 ,: '>'t::;';~30 ~'" '-.J ...:...-:;. '-d~ 0149592016 Becured by this Security 1ns1rument. However, this option .shall not be exercised by Lender if such :exercise is prohibited by Applicable Law. Lender .also .shall not :exercise this option if: (a) Borrower causes to be Bubmitted to Lender information reqLrired by Lender to evaluate the mtended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that l..ender'B Becurity will not be impaired by the loan assumption and that the risk ofa breach of any covenant or agreement m this Security Ins1rument is acceptable to Lender. To the .extent permitted by Applicable Law. Lender may charge a reasonable fee as a condition to Lender's consent to the loan asBl.1IIlption. Lender may also reqLrire the tmnsferee to .sign an assumption agreement that is acceptable to Lender and that obligates the transferee tolœep all the promises and agreements made m the Note and in this Security 1ns1rument. Borrower will continue to be obligated uruIer the Note and this Security 1ns1rument unless Lender releases Borrower m writing. If Lender .exercises the option to reqLrire immediate paymmt in full, Lender .shall give Borrower notice of acceleration. The notice Bhall provide a period of not less than 30 days from the Date the notice is given m accordance with Section 15 within which Borrower must pay all BUmS Becured by this Security 1ns1rument. If Borrower fails to pay theBe BlmlS prior to the .eJqJiration of this period, Lender may mvoke any remedies pennitted by this Security 1nstrumen.t without further notice or demand on .Borrower. .BY SIGNING BELOW, Borrower accepts and agrees to the Adjustable Rate Rider. -:l (Seal) -Borrower MUl TIST ATE ADJUST ABLE RATE RIDER 5-Month .LJBOR Index (Assumable 1iuring Dfe of Loan) (First BuJiÏness Day l.DOkbaJ:k - Single F.amily - Freddie Mac UNIFORM INSTRUMENT Form 5120 3/04 £C10BL Rev. 00/14/04 ;jl::;f:~!~~~:~:~:i; ~;j ·,- :. -' ~':)30 O::';~...li("""" ....!'"\n^ , i d. 1--98 . 'J L~ IJ ' PREPAYMENT RIDER 0149592016 'THIS PREPAYMENT RIDER is made this ...1.~tf:¡....... day of ..A~N.J1ABY...... ...-?º9.9...... , Bnd is incorporated into .and shall be Deemed to Bmend and supplement the Mortgage, Deed of Trust or Security Deed (the MSecurity InstrumentM) of the same date yiven by the undersiyned (the MBorrower") to secure Borrower's Note to .........................._..................... ..... WW.$.. f. A 13.9. Q.. ß.~~. KJ..~ :ð.,.. ....... ......................................... ... ............ ........................ ....Df the sa me date Bnd covering the Property described in the Security Instrument Bnd located Bt: .?º~J·:ºW;f.I..§hI.~ ªª.P..13!~J..~M.~~RJ. w.y...~~~ º~.................................... (Property AdDress) PREPAYMENT COVENANTS. In sddition to the 1:ovenants snd sgreements made in the Security Instrument, ÐOlTOwer Bnd .Lender further 1:overumt Bnd sgree BS follows: I have the right to make payments of principal .at sny 1ime before they sre Due. A prepayment of sll of the unpaid principal is known BS B "full prepayment." A prepayment of only part of the unpaid principal is known 1tS.a "partial prepayment." .Except .as proVideD below, I may make B full prepayment or B partial prepayment st Bny time whhout paying mty penalty. However, if whhin the first .1WQ_.. (..~..) ye.ar(s) .after the execution of the Security Instrument I make full prepayment, I wHl pay .a prepayment 1:harge BS follows: If whhin the first year after the execution of the Security Instrument I make full prepayment, I wHl pay .a prepayment charge in sn .amount equal to three percent (3%) of the original principal .amount. If whhin the second year æter the execution of the Security Instrument I make full prepayment, I wjJ pay a prepayment charge in Bn Bmount equal to two percent (2%) Df the original principal smount. If within the third year .after the execution of the Security Instrument I make full prepayment, I wHl pay B prepayment 1:harge in Bn .amount equal to one percent (1 %) of the original principal .amount. PrepAyment Rider (Plige 1012) PP010A Rev. 09/13/05 ~1 't.\-, ~~3 0 u '-..I --=.' &..U'~ ~00699 .x.. 0149592016 Jf within the first year Bfter the execution of the Security Jnstrument I make full prepayment, I will pay a prepayment charge in an Bmount equal to three percent (3%) of the ori9inal principal amount. Jf within the .second year after the execution of the Security Jnstrument I make full prepayment, I will pay B prepayment .charge in Bn Bmount equal to 1wo percent (2%) of the ori9inal principal amount. Jf within the first year after the execution of the Security Jnstrument I make full prepayment, I will pay a prepayment .charge in Bn Bmount equal to three percent (3%) of the ori9inal principal Bmount. .and .agrees to the terms .and provisions (Seal) -Borrower (Seal) -Borrower Prspayment Rider PP010C Rev. 09/12/05 (P1I.ge2 Df2) f::¡:~¡¡i~Wj¡ig: