HomeMy WebLinkAbout916216
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C00063
Prepard by:
U.S. Bank Home Mortgage
Debra Collins
1550 E. 7911. St., Ste 440
Bloomington, MN 55425
Return to:
National TÜJe & Closing Services, Inc
P. O. Box 41100
St. Petersburg, Florida 33743
RECEIVED 2/24/2006 at 1:15 PM
RECEIVING # 916216
BOOK: 613 PAGE: 63
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CORRECTfVE ~t10RTGAGE
THIS IS BEING RE-RECORDED TO CORRECT THE NAME OF THE LENDER
IN THE ORIGINAL RECORDING OF SEP 27, 2004 IN OR BK 0568 AT PG 0307
DEFINITIONS
MlN: 100316400010029481
LOAN No. 7810414600 "
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Words used in multiple sections oftIùs document are defined below and other words are defined in
Sections 3, 11, 13, 18,20 and 21. Certain mles regarding the usage of words used in tIùs document are also
,/ provided in Section 16.
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(A) "Security Instrument" means tIùs document, wruch i~ dated September 15,2004, together with all
Riders to t1ùs document.
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(B) "Borrower" is ROBERT SCOIT ROBINSON, an Ulul1anied man
( ) "MERS" is Mortgage ElectrOlúc Registration Systems, Inc. MERS is a separate corporation tIlat
is acting solely as a nominee for Lender and Lender's successors and assigÍ1s. MERS is the mortgagee
under l1ùs Security Instrument: MERS is organized and existing under tile laws Qf Delaware, and has an
address and telephone number of POBox 2026, Flint, MI 43501-2026, leI. (888) 679-IvIERS.
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(0) "Lender" is MlDCONTINENT FINANCIAL LENDER, INC. d/b(a ÁMERlCAN MUTUAL
MORTGAGE COMPANY
Lender is a Corporation organized and existing under the laws of Missouri. Lender's address is 3610
BUltonwood Drive, Suite 300, Columbia, MO 6520 I.
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(E) "Note" means Ule promissory nQte signed by Borrower and dated Septerrber 15, 2004
The Note states that Borrower owes Lender one hundred sixty four thousand six hlmdred
and m/l00ths Dollars (U.S. $ 164,600.00)
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and Lo pay the debl in full nol
laler Utan October 1, 2034 .
(F) "Propel-fy" means the property t1lat is described beiow under the heading "Transfer of Righls 111 lhe
Properly. ..
(G) "Lo.m" means Ule debt evidenced by the Note, plus interest, any prepayment charges and ',lte charges due
under the Note, and all SUIUS due under Ulis Security [nslnllnent, plus interest.
(n) "Riders" means aJI Riders to this Security Instnullent thaI are executed by Borrower. The following
Riders are to be executed by Borrower (check box as applicable]:
o Adjustable Rate Rider
o Balloon Rider
o 1-4 Family Rider
o Olher(s) {specify]
o CondominÜIl11 Rider
o PImmed Unit Developmenl Rider
o Revocable Tmst Rider
o Second Home Rider
o Biweekly Payment Rider
(l) "Applicable Law" means all controlling applicable federal, slate and local statutes. regulations, ordinances
and administrative mles and orders (that have the effect of law) as weJl as all applic¡:¡ble final, non-appealable
judicial opinions.
(.1) "Community Association Dues, Fees, and A.~sessmeltts" means all dues, fees. assessmenls and olher
charges Uwt are imposed on Borrower or Ule Property by a condominium association, homeowners associalion or
similar organization.
(K) "Electronic Funds Transfer" means any transfer of fu_nds, other than a lmnsaction originaled by check.
draft or similar paper instrument, which is initiLlted Uuough an electronic tenninal, telephonic inslmment, computer.
OT magnelÏc lape so LIS to order, instmct, or authorize a financial institution to debit or credit 1111 Llccounl. Such IeI'm
includes, but is not limited to, point-of-sale transfers. automated teJler machine transactions, transfers initiated by
telephone, wire trallSfers, and automaled clealÍnghouse transfers.
(L) "Escro,,' Itcms" means those items Uwt are described in Section ],
(M) "Miscellaneous Proceeds" means any coinpensation, selllement. award of damages, or proceeds paid by
any third part)' (olher than insurance proceeds paid under the coverages described in Section 5) for: (i) d;1IIwge 10,
or deslmction bf, the Property; Oi) condemnation or olher taking of all or any part of fhe Property: (iii) con\'eyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, Ule value ancVorcondilion of the Property.
(N) "M ortgage InSUI-ancc" means insuraJlce protecling Lender against lhe nonpayment of. or defaull on, the
Loan.
(0) "Periodic Paymcnt" means the regularly scheduled a1110unl due for (i) principal and interest under (he
Note, plus (ii) any amounts under Section 3 ofth.is Securily Jnslnllnent.
Loan No: 7810414600
W}"onlÍlIg l\1ortg~gc,Sil1glc Family-Fnllnlc I\Jnc/Fre.llllc I\rnc UNIFQRlI-[ INSTRtrll lENT
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(P) "RESPA" means tile Real E¡;tate Seltlement Procedures Act (12 U.S.C, §2(jOI et seq.) and its
implementing regulation, Regulation X (24 CF.R. Part 3500), as they might be amended from time to time. or !lny
additional or successor legislation or regulation that governs the same subject maller. As used in this Securily
I nstnlJllent, "RESPA" refers to all requirements and restrictions Ulat are imposed in regard to a "federally relatcd
mortgage Joan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A.
(Q) "Successor in Interest of ßOlTower" means any paliy that has taken tille to the Property, whether or no 1
that party has assumed Borrower's obligations under the Note and/or this Security Instnnuenl.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instru111ent secures to Lender: (i) the repayment of the Loan, and all renewals, exlensions and
modifications of the Note; and (ii) lhe performance of Borrower's covenants and ¡¡greements ullder this Security
Instillment and Ule Note. For qús purpose, Borrower does hereby mortgage:. grant and convey to rvŒRS (solely as
nominee for Lender ¡¡lid Lender's successors and assigns) and to Ule successors and assigns of MERS. wi I h power of
sale, the following descr.ibed property located in the
County
of
Lincoln
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{Type of Recording Jurisdiction]
{Name of Recording Jurisdiction]
wt 7 and 8 of Block 4 of the LÏI1coln Heights 5th Addition, 'Ihird Filing to
the City of Kernrerer, Lincoln County, WyaT1Íng as described on the official
plat thereof.
which curren!ly h¡¡s lhe address of
Kemrerer
, Wyoming
1908 Berry Dr.
{Street]
83101
{Zip Code]
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{City]
("Property Address"):
TOGETHER WITH all the improvements now or hereaOer erecf~d 011 the property, and a1l e¿lsemcnfs,
appurtenances. and fixtures now or hereafter a pari of the property. All replacements and addilions S111111 also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instnnl1ent as (he "Properly."
Borrower underslands and agrees that MERS holds only legal title 10 the interesls g'ranted by Borrower in this
Security Instnllnent, but, if necessmy to comply with Jawor custom, rvŒRS (as nominee [or Lender and Lender's
successors and assigns) has the right to exercise any or all of Ihose interests, including, bill not limited to, the right
to foreclose and se1l Ule Property; and to take any action required o[ Lender including, but nol limited to, releasing
and canceling Otis Security Instnnl1ent.
BORROWER COVENANTS that Borrower is lawfully seised o[ the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and lhatlhe Property is unencumbered. except for encllmbrances of
record. Borrower warrants mId will defend generally the tille to the Property against all claims and demands, snbject
to any encumbrances of record.
Loan No: 7810414600
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091.6216
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THIS SECURlTY INSTR~NT combines uniform covenants for national use and nOIHllliform
covenants with limited variations by jurisdiction to constilute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as [ollows:
1. Payment of Princi l:JI, Interest, Escrow Items, Prel):Jyment Charges, allt! Late Charges.
Borrower shaH pay when due the principal of, and interest on, the debt evidenced by the Note and any prepaYl11ell(
charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Seclion .1.
Payments due under Ule Note and this Security Instrument shall be made in U.S. cll/Tency. However, ifany check or
other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender
unp;)jd. Lender Illay require that any or all subsequent payments due under Ute Note and tltfs Security Instnllnent 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 b~' a federal agency, instmmentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at [he location designated in the No(e or al slIch
other location as may be designated by Lender in accordance with the notice provisions in Section t 5. Lender l11ilY
rerum any payment or pm1ial payment if Ute payment or partial payments are insufficient to bring the Loall current.
Lender mity accept ¡my pHyment or partial payment insurrïcient to bring the Loan current. withoul waiver of any
righls hereunder or prr:;udice to its rights to refuse such payment or partial J(lymenls in IJte [lltnre, but Lender is nol
obligated to apply sllch payments at the lime such payments are accepted. If each Periodic Paymenl is applied as of
its scheduled due date, Ihen Lender need not pity interest on unapplied fllnds, Lender may hold such IInappiied
funds until Borrower makes payment to bring the Loan Cll/Tent. If Borrower does not do so within a reilSOIJ;1ble
period o[ time. Lender shall either apply such funds or retum them to Borrower. If not applied earlier, sllch funds
will be applied to Ule 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 froml11aking paYl11clIIs
due under the Note and this Security InstnIlnellt or performing the covenants élJtd agreements secured by this
Security Illstnllnellt.
2. Application of Pa)'nJcllts or Procceds. Except ¡¡S oUH:rwise described in this Section 2. all paymenls
acccpled and applied by Lender shall be applied in the following order of priority: (a) interest due under Ihe Note:
(b) principal due under Ule Note; (c) amounts due under Section~. SlIch payments shall be applied 10 each Periodic
Paymcnt in Ute order in which it became due. Any remaining ainoulJts shall be applied first 10 lale charges, second
to any other amounts due under this Securily Instnlluent. and then to reduce the principal balance of Ihe Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, Ule payment may be applied to the delinqucnt p('lyment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower 10 Ihe
repayment of the Periodic Payments if, and to the extent Utat, each payment can be paid in fui!. To Ihe exlen( rh:l(
~1I1y excess exists afier tJle payment is applied to the f1l11 payment of one or more Periodic Paymenls, such excess
may be :Jpplied to any late chilrges due. Voluntary prepayrnenls shall be applied first to any prepaymen( ch:lrges and
then ('IS described in tlle Note.
Any application of payments, insllIance proceeds, or MiscelIilneous Proceed~ to principal due undcr Ihe
Note shall not extend or postpone Ute due d('lte, or change the amount. of the Periodic Paymenls.
3. Funds fOl' Escrow Hems. Borrower shall pay toLender on the day Periodic Paymcnts are duc 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 U!is Securily Inslnllnent as a lien or encumbrancc on the
Properly; (b) leasehold p:Jymenls or ground renls on the Property, if any: (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance prenúums, if any, or 1my StilUS payable by
Borrower to Lender in lieu of Ihe payment of Mortgage Insurance premiums in accordance wilh Ute prm·isions of
Section 10. These items ('Ire called "Escrow Items." At origination or at an~' .time during Ute term of (he Loan.
Lender may require Utat Community Association Dues, Fees, and Assessments, if any, be escrowcd by Borrower.
Loan No: 7810414600
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and such dues, fees and assessments shaJl be an Escrow Item. Borrower shall promplly fumish (0 Lender éll[ notices
of amounts to be paid under lltis Section, Borrower shaH pay Lender llle Funds for Escrow Hems unless Lender
wélives Borrower's obligation to pay the Funds for any or éllI 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 lhe event of such waiver, Borrower shall pay directly, ,,;hen and where p;)yable, the amounts due for éln)' Escrow
Items for which payment of Funds 11<Is been waived by Lender and, if Lender requires, shall fumish to Lender
receipts evidencing such payment wil1lin such time period as Lender may require. Borrower's obligation to n1é1ke
such payments and to provide receipts shall for all purposes be deemed to be a covenant ¡1IId agreement cont<1ined in
this Security Instnnnent, as the phrase "covenantllild agreement" is used in Section 9. II Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay 11le amount,clue for an Escro\v Ilem.
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall 11lcn be obligated under
Section 9 to repay to Lender any such amount. Lender Ill;)y 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, llild in such amounts, that are then required under this Section 3.
Lender may, atany time, colIecl and hold Funds in an amount (a) sufCicient to permit Lènder 10 <lpply the
Funds at the time specilied under RESP A, and (b) not to exceed the maximum amount a lender can require under
RESP A. Lender shall estimate the éllnount of Funds due on the basis of cunent data and reasonable estimates of
expenditures of ftlturc Escrow Items or olllerwise in accordance willl Applicable Law.
The Funds shaH be held in llil institution whose deposils are insured by a federal agency. instnlluenialily, or
entity (including Lender, if Lender is an ins(j ulion 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 accollnt. or veri ~ving
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such 11 charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lcnder shall not be required to pay Borrower any interesl or earnings on the Funds. Borrower and Lender can agree
in writing, however, lllat interest shall be paid on the Funds. Lender shall give to Borrower, wilhout charge. an
annual accounting of the Funds as required by RESPA,
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account 10 Borrower
for the excess funds in accordance with RESPA. If there is a s!lOrtage of Funds held in escrow, as delïued under
RESP A, Lender shall noti(y Borrower as required by RESP A, and Borrower shall pay to Lender the amount
necessary to make lip the shor1age in accordance with RESPA, but in no more thal112 monthly payments. Irlhere is
a dericiency of Funds held in escrow, as delined under RESP A, Lender shaH noti(y Borrower as required by
RESPA, and Borrower shall pay to Lender the amOllll1 necessary (0 make up the deficiency in accordance wilh
RESP A, but in no more 11lan J 2 monthly paymcnts,
Upon payment in full of all slims secured by this Security Inslrull1enl, Lender shall promptly refllnd to
Borrower any Funds held by Lender.
4. Charges; Liens. Borröwer 511;)11 . pay all taxes, assessments, charges, lines, and impositions
aUributable to the Properly which c¡m attain priorily over this Security Inslrument, leasehold payments or grollnd
rents on llle Propel1y, if any, and Community Association Dues, Fees, and Assessments, if I1n)'. To lhe extent that
lhese items are Escrow Hems, Borrower shall pay Ihem in the l11;)nner provided in Section 3.
Borrower shall promplly discharge :my lien which has priority over this Security Instillment unless
Borrower: (a) agrees in wriling to the paymenl of the obligation secured by (he lien in a maimer acceplable 10
Lender, but only so long as Borrower is performing such agreement; (b) conlests the lien in good faith by. or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prcvent [he
enforcemenl of the lien while 11lOse proceedings are pending, bllt only until such proceedings ;)re conclllded: or (c)
secures rrOIll lhe holder of the lien an agreement satisfactory to Lender subordinating the lien to Ihis Securify
InslnlJllenL If Lender determines that I1ny part of Ihe Property is subjecl 10 a lien which can :1l1ain priority m'er Ihis
Secur;ly InstTlll11enl, Lender may gi\'e Borrower a nolice identifying the lien. Willlin)(! d;)ys of the date on which
Loan No: 7810414600
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that notice is given, Borrower shall saljs(v the lien or take olle or more of the actions set forth above in this
Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verilication and/or reporting
service used by Lender in connection witll tlús Loan.
5. PI'OJlCI1y InSUI'ancc. Borrower shall keep the improvements now existing or hereaIler erected on the
Property insured against loss by fire, haz.ards included within tlle term "extended coverage," and any other h<lzards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
nwintained in the amounts (including deductible levels) and for the periods that Lender requires. Wlmt Lender
requires pursuant to the preceding sentences can change during the tenn of the Loan. The insurance c;¡rrier
providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender lIIay require Borrower to pay,in connection with this Loan,
either: (a) a one-time charge for flood zone determinCltion, cel1Îlication and tracking services; or (b) a one-lime
charge for flood zone determination and certificaûon services and subsequenl charges each time renwppings or
similar changes occur which reasonably might affect such delerlllil¡;¡tion or certification. Borrower shall ;¡180 be
responsible for Ule payment of ~ny fees imposed by Ihe Federal Emergency Management Agency in cOllnection with
the review of any Oood zone determination resulting frOI11 an objection by Bon'ower.
If Borrower fails to maintain any of the covemges dèscribed above, Lender may ob(;¡in insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any parlicular type or alllount
of coverage. Therefore, such covemge shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the CO/ltents of the Properly, against :lny risk, haz.ard or liability and lIIight provide grealer
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insumnce coverage so
obtained might signjlic:lnlly exceed thc cost of insurance that Borrower could have obtained. Any :llllounts
disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by (his Securily
Instll.lmenl. These amounts shall bear interest at the Note rate from the dale of disbursement and shall be payable,
wilh such interesl, upon notice frOIl! Lender 10 Borrower requesting payment
All insurance policies required by Lcnder alld renewals of such policies shall be subject to Lender's right 10
dis:lpprove such policies, shall ille/ude a standard mortgage e/,lIIse, ¡uid sl1<l1l nmne Lender as mortgagee émd/or as ;111
addilionalloss payee. Lender shall have the right to hold the policies and renewai certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premj~II1IS and renewal notices. If Borrower obtains any
[01'111 o[ insurance coverage, not otherwise required by Lender, [or damage to, or destruction of, (he Property, such
policy shall include a standard mortgage clause and shaH name Lender as 1110rtg<lgee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice 10 the insurance can-ier and Lender. Lender may
Ill¡¡ke proof of loss jf not made promptly by Borrower. Uniess Lender and Borrower otherwise agree in "'Titing. any
insurance proceeds, whether or nol Ole underlying insurance was required by Lender, shall be applied to restor;-¡Iion
or repair of (he Property, if the resloration or repair is economically feasible and Lender's security is not lessened.
During such repair and resloration period, Lender shall have the light to JlOldsuch insumJlce proceeds unril Lender
has had an opportunity to inspect such Property to ensure thc work has been complefed 10 Lender's satisfaclion,
provided that such inspection shaH be undcI1aken prompLly. Lender may disburse p'roceeds for the repairs and
restoration in a single payment or in a series of progress payments as Ihc work is completed. Unless an agreement is
made in writing or Applicable Law requires inlerest to be paid on such insurance proceeds, Lellder sh;¡1I nol be
required to pay Borrower any in(eresl or earnings on sllch proceeds. Fees [or public adjusters, or other third parties,
relaincd by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. J f
the restoration or repair is not economically feasible or Lender's security would be lessened, Úle insurance proceeds
shail be appJied to the StilUS secured by this Security Inslnnnenl, whether or not Olen due. with the cxcess. if any.
paid to Borrower. Such insurance proceeds shall be applied in Ole order prodded for in Section 2.
If Borrower abandons Ole Property, Lender may file. negotiale and settle any availnble insllrance cbill! and
related malleI'S. If Borrower does not respondll'ithjn 30 days to a notice from Lender that Ole insurance carrier has
Loan No.: 7810414600
WJIIIIIÏlII! l\fril1gnge,Sil1gl~ Fnl11ily-Fnl1l1ie J\/neIFrc,ltlic J\rnc UNIFORI\{ INSTRUJ\IILNT
-Tnl! COMPLIANCE SOURCE, INC.- Pngc 6 "f 13
www,c~"'I'~.n"..~nrcecotn 1111 mil" """Imll/IIIIII ~IIII""II' II
J\IERS I\IndiOcd Fnr'" Jfl51 01101
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UJOI\\T O~/OO
01000.1111: Crrl1pliallce S"'IIrr-e, IIIC'.
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031.6216
offered to seUle a claim, then Lender may negotiate ¿md seule the claim. The 30-day period will begin when the
notice is given, In either event, or if Lender acquires the Property IInder Section 22 or otherwise, Borrower hereby
assigns 10 Lender (a) Borrower's rights to any insurance proceeds in an éUl10unt not 10 exceed the amollnts unpaid
undcr the Nole or tllis Security Instrument, and (b) any other of Borrower's rights (other tJl1Ulthe right to any ref1md
of IInearned premiullls paid by Borrower) under a.1I insurance policies covering !lIe Property, insofar as such rights
are applicable 10 the coverage of the Properly. Lender may use fhe insuréUlce proceeds either to revair or reslore tlle
Proper1y or 10 pay amounts unpaid l111der !lIe Note or this Securily tnstrument, whelher or nol then dlle.
6. Occupancy. Borrower shall occupy, eSlablish, and IIse !lIe Property as Borrower's principal residence
wilhin 60 days after the execution of Ihis Securily Instmlllenl and shaH continue to occupy the Property as
Borrower's principal residence for at least one year after tlle dale of occupancy, uniess Lender otherwise agrees in
wriling, which consenl shall nol be unreasonably withheld, or unless extenuating circumst:mces exist which are
beyond Borrower's conlrol.
7. Pl'eservatioll, Maintenance and Protection of the Propcl·t)'; Inspcctions. Borrowcr shall not
destroy, damage or imindr tlle Property, allow the Property to deteriorate or commit waste on the Property. Whether
or not Borrower is residing in Ule Properly, Borrower shall mainlain tlle Properly in order to prevent lhe Property
frOIll dctcriorating or decreasing in value duc to its condition. Unless it is delennined pursuant to Section 5 Ihat
repair or resloration is not economically feasible, Borrower shall promptly repair the Property jf damaged to avoid
fm!ller delerionltion or damage. If insurance or condemnation proceeds are paid in connection with damage to, or
the laking of, the Property, Borrower shall be responsible for repairing or restoring !lie Property only if Lender has
released proceeds for such purposes, Lender may disburse proceeds for tJle repairs and resloralion in a single
paymcnt or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are
not suJ1ìcient to repair or reslore tlle Property, Borrower is not relieved of Borrower's obligalion for the 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, Lender may inspecL the interior of (he improvemenls on the Property. Lender shall give Borrower nolice at
tJle time of or prior [0 such an interior inspection specifying such reasonable calise.
8. ßOITo\\,el"s Loan Application. Borrower shéÙl be in default if, during the Loan application process,
Borrower or any persons or entities acting at tlle direction of Borrowèr or wilh Borrower's knowledge or consent
gave malcriaIIy false, -misleading, or inaccurale ÎIúormation or slatements to Lender (or failed to provide Lender
with malerÎal information) in connection with the Loan. Malerial. represenlalions include, but are not limited 10,
represenlaLions conceming Borrower's occupancy of the Property <is Borrower's principal residence.
9. Protcctiun uf Lendcr's Interest in the Property and Rights Undcr this Sccurity Instrument. If
(a) Borrower fails to perform tJle covenants and agreements contained in this Security Instrument, (b) tJlere is a legal
proceeding that might significêUltly affect Lender's interest in the Property and/or rights under this Security
J nstrument (sllch as u proceeding in bmù([uptcy, probaLe, for condemnation or forfeiture, for enforcement of 11 lien
which may ultain priority over !lús Security InslrumenL or to eJúorce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do uucI pay for whatever is reasonable or appropriate to prolec! Lender's
interest in tlle Property and rights under this Security Instnunent, including protecling and/or assessing the vallie of
the Propel1y, and securing and/or repairing tlle Property. Lender's actions can include, but are not limited to:
(a) paying any Stllns secured by a lien wlùch has priority over Uùs Security Instrument; (b) appearing in court; and
(c) paying reasonable attomeys' fees to protect its interest in !lIe Property and/or rights under Lhis Security
T nslnllucnl, including ils secured position in a bankmptcy proceeding. Securing Ule Property includes, but is not
limited to, cntcling tJle Property to make repairs, change locks, replace or board up doors and windows, drain waler
from pipes, eliminate building or oilIer code violations or dangerous conditions, and have utilities tumed on or off.
AILhough Lender may take action under tl,is Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. IL is agreed that Lender incurs no liability for not taking any or all actions autJlOrized uncler this
Section 9.
Loan No: 7810414600
WJ'ulI'llIg J\ffll1g"ge,Single Family-Fallule J\(..elfreddie J\1"c UNIFORM INSTR1Jl\fENT
-TilE C'lHII'LlAl'ICE SOURCE, II'Ic.- P"ge 7 or 13
w",vC(''''VIi",lces~'''Cecl'''' "" Im"IIIIIIII~IIIIIII'" ~"lIIlIIlIllm
¡\IERS Modified Forlll JOSI 01/01
I4JO 1\\')' 08/011
,1 02000. TIle Compliallce Source, Inc.
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031.6Z16
C00070
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 Nole rate from the date of disbursement ;]l1d
shall be payable, with such inlerest, upon notice frol11 Lender to Borrower requesting payment
If this Security Insmullent is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees 10 the
merger in writing.
10. Mortgage Insurance. If Lender required Mortg;]ge Insurance as a condition of making the LO:Jn,
Borrower shall pay the preuúullls required to maintain the Mortgage Insmance in effect. If, for any rcason. the
Mortgage Insurance coverage required by Lender ceases 10 be available from the mor1gage insurer tlwl previously
provided such insurance and Borrower was required to make separately designated paymenls toward the premiums
for Mortgage Insurance, Borrower shall pay the premiullls required 10 obl<1in coverage substantially eqnivalent 10 the
Mortgage Insurance previously in effect, at a cost substanlially equivalent to the cost to Borrower of the rVlortgage
Insurance previousiy In effect, from an altemale mortgage insurer selected by Lender. If sllbstantially equiv<1Jelll
Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the mllollnt of the separaleJy
designated pélyments thaL were due when the insurance coverage ceased to be in effect. Lender \Viii accept, use and
retain these payments as a non-refundable loss reserve in liell of Mor1gage Insurance, Such loss' reserve shall be
non-refundable, notwithslanding the f<lct thatlhe Loan is ultimately p:Jid in full, and Lender sl1<lllnol be required 10
P<lY Borrower any interest or eanúngs on such loss reserve. Lender can no longer require loss reserve pa)'l1Iellls if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurerseJecled
by Lender again becomes available, is obtained, alld Lender requires separately designated p[lymenls towélrd the
premiums for Mortgage Insun1l1ce. If Lender required Morlg<lge Insurance <IS a condition of making the Loan and
Borrower was required 10 make separately designated paymellts toward the premillms for Mortg<lge Insurance,
Borrower shall pay the premiums required to m<lintaÍn Mortg[lge Insurance in effect, or 10 provide <I non-refundahle
loss reserve, until Lender's requirement for Mor1gage Insurance ends jn accordance wilhany wrillen agreemenl
between Borrower and Lender providing for such termination or unlil tennination is required by Applic<lble L;]\\,.
Nothing in U1Ìs Section 10 affecls Borrower's obJig<ltion to pay inferest at the rate provided in the Nole.
Mortg<1ge Insuf<lnce reimburses Lender (or any entiiy Ihal purclwses Ihe Nore) for cerf:Jin losses if may
incur if Borrower does not repay the Loan as agreed. Borrower is nol a party to the Morlgage Insurance.
Mortg<lge insurers eV<lluate their Lotal risk on all such insurance in force from time 10 time, and n1<lY enler
into <lgreements with other pm1ies thaL share or modify their risk, or reduce losses. These <lgreemenls [Ire 011 lerms
and conditions thar <Ire satisf.1c1ory to Ihe mortgage insurer [lnd U¡e other party (or p<lrties) 10 these agreemenls.
These agreements may require U¡e mOI1gage insurer to make paymenls using any source of funds 11¡<lL the mortgage
insurer m<ly have available (which may include funds obtained frOIl! Mortg[lge Insurance premiums).
As a result of Ihese agreements, Lender, any purchaser of the Nole, another insurer. any reinsurer, <lny 01 her
entity, or any alÍíliate of any of the foregoing, m<lY receive (direcUy or indireclly) amounts Ihal derive from (or
might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchmlge for sharing or
modifying the mortg<lge insurer's risk, or reducing losses. If such agreement provides that an affili<lle of Lender
takes a share of the insurer's risk in exchange for a sh<lre of the premiums p<lid to fl¡e insurer, the arrangement is
offen tem¡ed "captive reinsurance." Further:
(a) An)' such agrccmcnts \Viii not affcct thc amounts that Borrowcr has agl'ccll to Jlay for Mortgagc
In,çnrance, or any othcr tenns of thc Loan. Such agrccments willllot incrcase thc amounl ßorrowcl' will owe
for MOl,tgage Insurancc, nnd thcy will nnt cntitle BOlTowcl' tn nllY refund.
(h) Any such agl'ecmcnfs will not affcct the d.ghts Borrower has - if any _ with I'CSIJcct to the
Mnrtgagc Insurancc ullder thc Homcowncrs Protcctioj¡ Act of 1998 01' an)' othcr law. Thcse dghls may
includc thc right to receiYc cCl'taill disclosurcs, to requcst nnd ohtain c:mcellatiOIl of thc Mm'fgagc Insurance,
to hayc thc Mortgagc Insun1l1ce termiuntcII autnll1atic<llIy, and/or to recch'e a ¡-crulIll of any Mortgage
Insun1l1ce IJI'cmiull1s that wel'c ullcamed at the timc nf such cancellation 01' tcnnination.
Loan No: 7810414600
W)'om;lI ,! l\filrlgn ,!c,Sillgl" Family-Fnllnlc ì\lnc/F...,"lie ì\Jnc UNrFORl\llNSTRUl\lENT
-THE COMPl.I.\/'ICE SOURCE, INC,- Pngc 8 fir 13
-w<~mpfi.nmr"rc.<~ln 1111 mil" I""II~""IIIIII ~"'llllIlIllm
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l\IERS I\ln.lincd FOIlII 31151 OIlIU
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UJOIWY ORIIIO
02000, TIle C{tfllIJlit\Hce ~l;'lIrce. IlIc.
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091.6216
C00071
11. Assignment of MisceIlan,Cous Proceeds; FOI-feiture. All Miscellaneous Proceeds are· hereby
assigned (0 aUd shall be paid to Lender.
If the Property is damaged, such MiscellaneOIlS Proceeds shall be applied to restoration or repair of Ille
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 nntil Lender has had
an opportunity to inspect such Property to ensure the work has been completed to Lender's satisf( ction, provided
that such inspection shall be undertaken promptly, Lender may pay for !Jle repairs and restoralion 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 p( )'
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 Stllns secured by
this Security Instrument, wh¡':lher or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
Proceeds shall be appiied in the order provided for in Section 2. .
In the even I of a total taking, destl1lctiol1, or loss iu v¡¡lueof the Property, the Miscellaneous Proceeds shall
be applied to (he sums secured þy 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 l\Iarket \'<llue of
the Property immediately before Ule pal1ial taking, destl1lction, or loss in value is equal to or greater than the amount
of the 'sll/ns secured by Ihis Security Inslnllnent immediately before the partial taking, destl1lction, or loss in vallie,
unless Borrower and Lender olherwise agree in writing, the slims secured by this Securily Instillment shall be
reduced by Ihe amollnt of the MisceIJaneous Proceeds f11uHiplied by (jle following fraction: (a) the (o(al amollnt of
!Jle sums secured immediately before the partial taking, deslruction, or loss in value divided by (b) the fair market
value of the Propel1y immediately before the pH/iia! taking, deslnlction, or loss in value. Any balance shall be paid
to Borrower.
lu the even I of a parlialtaking, destruction, or loss in value of the Propert.y in which the fair l\Iarket value of
the Propelty immediately before the par1ial laking, dcstnlction, or loss in value is less than the amollnt of the slims
secured immediately before the parlialtaking, destruction, or lòss in value, unless Borrower <lnd Lender olherwise
agree in wriling, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnllnent
whether or not the sums are then dlle.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thelL the Opposing Party
(as defined iu thc next. sentence) offers to make:1I\ award 10 sell Ie a claim for damages, Borrower fails 10 respond to
Lender within 30 days after the date the notice is given, Lender is authorized to colJect and apply the Miscell;1I1eollS
Proceeds either to restoration or repair of the Properly or to the Slll\1S secmed by this Security Instrument, whether or
not then due. "Opposing 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 ill default if any act.ion or proceeding, whether civil or criminal, is begun thaI, in
Lender's judglllenl, could result in forfeiture of the Property or other material impainnent of Lender's interest in the
Property or rights under this Security Instnlll1enl. Borrower can cure such a default and, if acceleration has
occurred, reinslate as provided in Section 19, by causing the action or proceeding to be dismissed with a mling Ihat,
in Lcndcr's judgment, precludes forfeiture of the Property or other material impairment of Lender's inlerest in the
Property or rights under this Security ]nstmmenl. The proceeds of any award or cJ¡úm for damages that are
attributable to the impainnent of Lender's interest inllle Property are hereby assigned and shaJI be paid 10 Lender.
AJI Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
!JIC order provided for in Section 2.
12. Borrower Not Released¡ Forhearance By Lender Not í1 Wai\'ei'. Extension of the time for payment
or modification of amortization of the slims secured by this Security Inslnllnent granted by Lender to Borrower or
any Successor in Inlerest of Borrower shall not operate to release the liabilily of Borrower or any Successors in
Inlerest of Borrower. Lender shaJI not be required to COl11mence proceedings against ~I1Y Successor in Interest of
Loan No: 7810414600
Wyoming J\1oligal:e-Single Farnily,Follllle J\ ae/Fl'etltlie l\lnc UNIFORM INSTRUMENT
-TIm CO~IPLlANCE SOURCE, INC.- Poge 9 of J,3
,"","C~IJII'~'"C.'~urcc.~m IlIIlmlll IIIIIII~II" 1111/1 mlllllllllll
"IERS l\Iotiincti For1ll 30St !JJIIIJ
IHOI\\'\, 08/00
02000, TI1e CCOITlptianc:e ~ourC'e. Inc.
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Borrower or to ref11se to extend time for payment or otherwise modify amortizaûon of the LiUlns secured by this
Security Instl1llTlent by ,reason of any demand made by the original Borrower or any Successors in Inlclest of
Borrower. Any forbearance by Lender in exercising any right or remedy including, willtout limifation, Lcnder's
acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less lhan the
amount then due, shall not be a waiver of or preclude the exercise of an)' right or remedy.
13, Joint :mll Several Liahility; Co-signers; Successor's and Assigns Bound. Borrower coven:lnts and
:lgrces Illat Borrower's obligations and liabi lity shall be joint and several. However, any Borrower who co-signs lhis
Security Inslrument but does not execute the Nole (a "co-signer"): (a) is co-signing this Security Inslflllllent ollly 10
morlgage, gfé1nt and convey the co-signer's interest in tJte Property under lhe tenns of this Security InstnllllcnL (b) is
not personally obligated to pay the sums secured by this Security Instrumeut; and (c) agrées that Lender and ;11\)'
other Borrower C:ln agree to extend, modify, forbear or make any accommodations wilh regard to the terms of this
Security Instrument or the Note without Ilte co-signer's consent
Subject to file provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, sl¡;¡1J oblain all of Borrower's
righlS and benelÏts under this Security Instmmcn1. Borrower shall not be released [rolll Borrower's oblig<Jlions and
liability under Iltis Security Instrument unless Lender agrees to such release in writing. The covenants :1I1d
agreements of this Security Inslrument shall bind (except as provided in Sectiou 20) and benefit the successors and
assigns of Lender.
14. Loan Ch:\J'ges. Lender may charge Borrower fees for services performed in conneclion willt
Borrower's default. for the purpose of protecting Lender's interest in the Properly and righls under this Securily
Instl1lment. including, but not limited to, allorneys' fees, property inspection and valuation fees. In regard 10 any
other fees, (he absence of express authority in this Security Instmmentto charge a specilìc fee to Borrower shall not
be conSlrued as a prohibition on the charging or such fee. Lender may not charge f~es that are expressly prohibited
by this Security Jnslnnnent or by Applicable Law.
I f the Loan is subject to a law which sets max.ilHl1l11 Joan charges, and lhat Jaw is finaJly interpreted S(l that
tIle inlerest or oilIer loan charges collected or to be collected in connection with the Loan exceed the pCflnilled
limils, tlten: (a) any such loan charge shall be reduced by (he a·moUlIt. necessary to reduce the clwrge (0 the
permitted limit; and (b) any StUttS already collecled from Borrower which exceeded permitted limits will be refunded
t.o Borrower. Lender may choose to make tJ1is refund by reducing Ihe principal owed under the Note or b~' making a
direct payment 10 Borrower. If a refund reduces principal, thé reduction will be treated as a partial prepaymeJlI
withoul any prepayment. charge (whether or no! :t prepaymenl charge is provided for under Ille Note). Borrower's
accept.ance of any such refund made by direct payment to Borrower will constitule a waiver of any right of aclion
Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in corutection with this Security Inslnllnentl11usl be
in writing. Any notice to Borrower in connection witlt Utis Security Instnunent shall be deemed to have been given
to Borrower when mailed by first class mail or when actually delivered 10 Borrower's notice address if sent by olher
means. NOlice 10 anyone Borrower shall conslilute nolice 10 al Borrowers unless Applicable Law expressly
requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute
nolice address by notice to Lender. Borrower shall promptly notify Lender or Borrower's change or address. Ir
Lender specilìes a procedure [or reporting Borrower's changeof address, then Borrower shall only reporl a change
of address through ll1at specilied procedure. There may be ollly one designated notice address under Ihis Sccmily
rnstmrnent al anyone time, Any notice to Lender shall be given by delivering it or by lIl:lifing it by fïrst class mail
to Lender's address slated herein unless Lender has designaLed another address by notice to Borrower. Any lIotice
in connection with lItJs Security Instnllnellt shall not be deeined 10 have been given to Lender until actually receivcd
by Lender. If any notice required by this Security Instrument is also required under Applic:lble Law, the Applicable
Law requirement will satisfy t.he corresponding requiremcntunder t.his Secm;l)' Instnmtent.
1 G. Govcrning Law; Scvcrabilit)·; Rules of COl/stmctioll. This Security InslnlliJellt shall be govcrned
by federal law and the law of the jurisdiction in which the Proper1y is located, All rights and obligalions conlaÎncd
Loan No: 7810414600
"')'0111;112: \ ¡,r(gR2:e,Single "Amify,Fnllll!e ì\lne/Freddie ì\IRl' UNIFORM INSTRlIJ\IENT
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in Ulis ::iecunty Instlllrnem are suoJect to any requirements and limitations of Applicable Law. Applicable Law
might expl icitly or implicitly allow the pm1ies to agree by contract or itmjght be silent, but sllch silence shall not be
construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
I nstrulllent or the Note conflicts with Applicable Law, sllch conflict shall not affect other provisions of this Securily
Instrument or the Note which can be given effect without Úle conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean andincJude
corresponding neuter words or words of the feminine gender; (b) words in 1J1e singular shall mean and include the
pIma I and vice versa; and (c) the word "may" gives sole discretion withoul any obligation io take any action,
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instnllnent.
18. Transfcr of thc Propcrty 01' a Bcncficial Intcrest in ßon·ower. As used in this Section 18, "Interest
in the Property" means any Jegal or beneficial interest ill Úle Property, including, but not limited to, those beneficial
interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is U¡e transfer of tille by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Propelty is sold or lransfened (or if Borrower is not a
natural person and a beneficial interest in Borrower is soJd or transfened) without Lender's prior wriUen consent
Lender may require immediate payment in full of aU sums secured by this Security Instrument. However, UlÍs option
shall not be exercised by Lender if such exercise is prohibiled by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleraûon. The notice shall provide
a period of not Jess (han 30 days from the date the notice is given in accordance wilh Section J 5 within which
Borrower must pay all sums secured by this Security InslmmenL If Borrower fails to pay 1hese Stllns prior 10 ,Jle
expiraûon of this period, Lender may invoke any remedies permitted by thjs Security Instnllnent without further
nolice or demand on Borrower.
19. ßorrower's Right to Reinstatc Aftcr Accclel'atinll. If Borrower meets certain conditions,Borrowcr
shall havc the right to have enforcement of 111 is Securily Instmll1ent discoiltinued at uny time prior to the earliest of:
(a) five days before sale of the Properly pursuant to any power of sale contained in l11Ïs Security Instrument; (b) such
other period as Applicable Law might specify for the terminaûon of Borrower's right to reinslale: or (c) entry of íI
jlldgmcnt enforcing this Security Instmmenr. Those conditions .me Ihat Borrower: ([1) pays Lender :111 Stllns which
then would be due undér this Security Instrument and the NOle as if no acceleration had occulTed; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security InstmmenL
including, but not limited to, reasonable attorneys' fees, propel1y inspection and valuation fees, and other fees
incurred for the purpose of prolecting Lender's interest in Úle Property and rights under this Security Instrumenl; and
(d) lakes such action as Lender lIIay reasonably reqnire 10 assme that Lender's interest in the Properly and rights
under this Secnrify Instrumenl, and Bonowcr's obligation to pay the SlllltS secured by this Security Instnunellt, shall
coniinue unchanged. Lender lIIay require that Borrower P[1Y such reinstatement slllns and expenses in one or lIlore
of the following forms, as selecled by Lendçr: ([1) cnsh; (b) money order; (c) certified check, bank check, treasurer's
check or cashier's check, provided any snch check is drawn upon :1n institution whose deposits are insured by a
federal agency, instmmenlality or entity; or (d) Electronic Funds Transfer. Upon reinsf~tell1ent by Borrower, IJ\;S
Security Instnunent and oblig:1tions secured hereby shall remain fully effective as if no acceleralion had occurred.
However, tlùs right to reinstate shall not apply in the case of acceJemtion under Section 18.
20. Sale of Note; Change of Loan Sen'iccl'; Notice uf GrieY:lIlce. The Note or a partial inlerest in the
Note (together with this Security InSlnnnent) can be sold OI~e or more times without prior nolice to Borrower. A sale
might resull in a change in the entity (known :1S the "Loan Servicer") that collects Periodic Payments due nnder the
Note and 111 is Secmit)' Instmment and performs other lIIol1gage loan servicing obligations under the Note, this
Secnrity Instrument, éU1d Applicable Law. There also lIIight be one or more changes of (he LO:1n Sen' ice I' unrelated
to a sale of the Note. If Úlere is a change of thc Loan Servicer, Borrower will be given wrillen notice of the change
which will slate the name and address of Ihe new LO:1n Servicer, the address 10 which p:1ymenls should be made and
any other information RESP A requires in connection wilh a no lice of transfer of servicing. If the Nole is sold and
Ulereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortg:1ge Joan servicing
Loan No: 7810414600
W"( mil1g I\lurlgnge,Single Family-YnlUlie Maelfndllie l\1ac UNIFORM INSTHUI\IENT
-TilE COMrLlANCE SOURCE, INC.- Page 11 ur 13'
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obligations to Horrower will remain WiOl the Loan Servicer or be transferred to a successor Loan Servicer and are
not assumed by the Note purchaser unless othenvise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litiganlor Ule member of a class) that arises from the other party's actions pursuant to this Security
InSU1Jment or that alleges that the other party has breached any provision or. or any duty owed by reason or, this
Security InslJ1l1llent, until such Borrower or Lender lws notified the other pany (with such notice given in
compliance with Ule requirements of Section 15) of such alleged breach and alIorded 'the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period
which must elapse b~fore certain action can be taken. that time period will be deemed to be reason:1ble for purposes
of this paragraph. The notice of acceleration and opportunity to cure given to Borrower purslmnt to Section 22 and
tile notice of acceleration given to Borrower pursuant to Section I & shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20,
21. lIazanlolls Su hstanccs, As used in U¡js Section 21: (a) "Hazardous Substances" are Ihose subslances
defined as toxic or h;1Zardous subslances, pollutants, or wasles by Environmental Law and the following substances:
gasoline, kerosene, other Oamlllable or toxic petrolcum producls, (oxic pesticides and herbicides, voiatile salvenls,
materials containjng asbestos or formaldehyde, and radioactive maleriaJs; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Properly is located that relate to heallh, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action. or removal action, as
defined in Environmenral Law; and (d) an "Environmental Condilion" means a condition that can cause, contribute
to, or olhenvise trigger an Environmental Cleam,p.
Borrower shall not canse or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in ùw Property. Borrower shallnol do, nor allow
anyone else to do, anything affecting the Property (:1) Uwt is in violation of any EnvÜonmenla[ Lm\'. (b) which
creates an Environmenla[ Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance,
creates a condilionlhat ndversely affects the value of the Property. The preceding two senlences shall not apply to
tile presence. use, or s~orage on the Property of small quantities of Hazardous Substances Ihnl are generally
recognized to be appropriale to normal residenlial uses and to maintenance of the Property (including, but not
limited to, hazardous substances in consumer products).
Borrower shaH prompUy give Lender wrilten notice of (a) nny investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving Ole Property and any Hazardous
Substance or EnvironmenlaJ Law of which Borrower has actual knowledge, (b) an)' En,,¡roJlll1enlal Condition.
including bul notlilllÍled 10, ¡my spilling, leaking, discharge, rcle:1se or threat of release of any Hazardous Substance,
and (c) any condition caused by Ihe presence, use or release of a Hazardous Substance which adversely affeels rhe
vallie of the Propcl1y. If Borrower learns, or is notified by any governmenlal or regulatory :1utholÍty, or ¡¡ny private
party, that any rcmoval or other remediation of any Hazardous Subslance arfectil1g Ihe Propel1y is necessary,
Borrower shall promptly take all necessal}' remedial actions in accordance with Environmental Law. Nothing
herein shall create any obligation on Lender for an Environment¡¡1 Cleanup,
NON-UNIFORM COVENANTS. Borrower and Lender further cove·nant and agree as follows:
22. Acceleration; R.emedies. Lendcr shall gÏ\'c notice to BOlTower prior to accelcration following
BOlTower's hrcach of an)' covenant 01' agl'cement in this SecnritJ Instnllllcnt (hut not prior to acceleration
unlier Scction 18 unless Applicable Law pl"Oddes othell,·i!;e). Thc noticc shall specify: (a) thc default; (h) the
action 'ctluircd to cure the default¡ (c) a date, not Icss than ]0 days from the datc the notice is given to
BOlTower, h)' which (hc default must be cUl'ed; and (d) that failure to cure the default on or hefore thc datc
specified in the notice 111 a)' result in acceleration of thc sums secured hy this Security InstnJlnent and sale uf
the Pl'Opert)·. The notice shall flll,ther inform BOlTower of the right tn reinstate after acceleration and the
dght to hring a court action to assel't the non-existence of a default ur any other defense of BOITOIyel' In
acccluation and sale. If the default is not clII'ed on or beforc thc date spccified in thc notice, Lender at its
Loan No: 7810414600
W)·ullling J\Iol1gngc,Single Falllily'Fnnnle 'v(nc/Frelhlic J\[¡IC UNIFORM INSTIHJI\IENT
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olltion may require immediate payment in full of all sums secured by this Security instrument
without further demand and may involœ the power of sale and any other remedies permitted by
Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
llrovided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
If Lender involœs the llower of sale, Lender shall give notice of intent to foreclose to
Borrower and to the llerson in possession of the Prolle11y, if different, in accordance with Applicable
Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender
shall publish the notice of sale, and the Property shall be sold in the manner prescribed by
Aplllicable Law. Lender or its designee may purchase the Prope11y at any sale. The proceeds of the
sale shall be a}lplied in the following order: (a) to all expenses of the sale, including, but not limited
to, reasonable attorneys' fees; (b) to all sums secnred by this Security Instrument; and (c) any excess
to the person or llersons 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 fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waiver. Borrower releases and waives all rights under and by virtue of the homestead
exemption laws of Wyoming.
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
@ W~SeID)
Robert Scott Robinson (Borrower)
Print Name fij)brPv+ =:wi! ßb;YJc)(ðz.,
Print Name
STATE OF WYOMING
COUNTY OF LINCOLN
Before me the undersigned authority, onthis day personally appeared ROBERT SCOTI
ROBINSON known to me (or proved to me through an identity card or other document) to be the person
whose name is subscribed to the foregoing instrument, and acknowledg~d to me that he re-executed the
same for the purposes of correcting an error on the original mortgage. The original mortgage shall stay if
effect as originally therein expressed with exception of the correction of the Lender.
Given under my hand and seal on this...1l2!:!!::. day of Fe;.b· .2006.
(Seal)
Notary Public for the State of Wyoming
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Notary ubltc
My Commissi0l! Expires
"'",;-ð007
LcKul_No: 7810414600
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