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60121 (01)
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WHÈN RECORDED MAll.. TO:
OPTION ONE MORTGAGE CORPORATION
P.O. BOX 57096
IRVINE, CA 92619-7096
ATTN: RECORDS MANAGEMENT
000097
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Loan Number: 321032241
Servicing Number: 002088724 - 6
RECEIVED 2/24/2006 at 1 :50 PM
RECEIVING # 916222
BOOK: 613 PAGE: 97 ./
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
[Space Above This Line For Recording Datal
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on
JAMES A HAWKES, ~ m~rried m~n
February 17, 2006
. The mortgagor is
("Borrower"). This Security Instrument is given to
Option One Mortgage Corporation, a California Corporation
which is organized and existing under the laws of CALIFORNIA , and whose address is
3 Ada, Irvine, CA 92618
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED SIXTEEN THOUSAND
. . .AND NO/100THs Dollars (U.S. $116,000.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on March 01, 2036 . This Security
Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of
this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the
Note. For this purpose, Borrower does hereby mortgage, grant, convey and warrant to Lender, with power of sale, the following
described property located in Lincoln County, Wyoming:
21162320810200
LOT 6 OF BLOCK 5 OF THE LINCOLN HEIGHTS 4TH ADDITION OT THE TOWN OF KEMMERER,
LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF.
This is ~ First Re~l Est~te Mortg~ge recording concurrently wi to ~
'1' Second Re~l Est~te Mortg~ge inf~vor of Option One Mortg~ge Coror~tion
U d~ted Febru~ry 17, 2006, in toe origin~l ~mount of $29,000.00.
which has the address of
Wyoming
1126
83101-3947
[Zip Code]
COULSON AVE, KEMMERER
("Property Address");
[Street, City],
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.
COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal
of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
WYOMING - Single Family
Page 1 of 6
WYDIOOll (06-23-98)
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m¡m¡mi~~/J;i¡¡mm () 31.6222
Loan Number: 321032241
Date: 02/17/06C00098
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxe~
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender
may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage
loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from
time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so,
Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used
by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and
Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was
made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time
is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall
pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,
to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If
Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more
of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage
to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall
have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event ofloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall
be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and
then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless
of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and
to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs
and expenses of necessary repairs or restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender
may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security
or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether
or not then due. The 3D-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under
paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting fron¡i damage
to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument inunediately
prior to the acquisition.
If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such
insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be
subject to the provisions of this paragraph 5.
Servicing Number: 0020 B B 72 4 - 6
Page 2 of 6
WYDI0012 (06-23-98)
091.'6222
Loan Number: 321032241
Servicing Number: 002088724 - 6
Date: 02/17/06 0 0 0 9 9
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the tenus contained
in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. Lender makes non-
owner residence loans of different tenus. Borrower promises and assures Lender that Borrower intends to occupy this property as
Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence
within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as
Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies
provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the
Security Instrument, (2) Decrease the tenn of the loan and adjust the monthly payments under the Note accordingly, increase the
interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to
a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied Joans.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's
good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security
Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's good faith detemúnation, precludes forfeiture of the
Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument or Lender's security
interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate
infonnation or statements to Lender (or failed to provide Lender with any material infonnation) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal
residence. If this Security Instrument 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 to the merger in writing.
Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property
or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights
or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued
before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with
any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by
Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract
and causes of action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds
thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may
apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may
release any monies so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear in and prosecute
in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof.
Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate
the foregoing provisions and as Lender shall request.
7. Protection of Lender's Rights in the Property. If Borrower fails to perfonn the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay
for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include
paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys'
fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have
to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other tenus of payment, these amounts shall bear interest from the date of
disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage
insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of
the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent
mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly
mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will
accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be
required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided
by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain
mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with
any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5
hereof with respect to insurance proceeds.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
an award or 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 proceeds, at its option, either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. 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 any successor in interest of Borrower shall
Page 3 of 6
WYDI0013 (06-23-98)
di~i\
O~1.6222
LOall Number: 321032241
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Servicing Number: 002088724 - 6
Date: 02/17/06
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not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors
in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any
fight or remedy,
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security
Instrument shaU bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges coUected or to be coUected 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 without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shaU be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender. Any notice to.Lender shall be given by first class mail to Lender's
address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security
Instrument shaU be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction
in which the Property is located. In the event that any provision or clause 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 effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is
sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this
Security Instrument. ~
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 delivered or mailed 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 without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement
of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may
specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b)
entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender aU sums which then
would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other
covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security
Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall
continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shaU remain fully
effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that coUects monthly payments due under the Note and this Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender
hereunder.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shaU not do, nor allow anyone else to do, anything affecting the Property
that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and
to maintenance of the Property. ,
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
Borrower shaU be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers,
employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes
of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup
or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other
required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release,
threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the
transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any
Hazardous Substances claims.
Page 4 of 6 WYDlO014 (06-23-98)
O~1.622Z
Loan Number: 321032241 Servicing Number: 002088724-6
Date: 02/17/06 C00101
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph
20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection.
ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. If any installment under the Note or notes secured hereby is not paid when due, or if Borrower
should be in default under any provision of this Security Instrument, or if Borrower is in default under any other DlOrtgage or other
instrument secured by the Property, all sums secured by this Security Instrument and accrued interest thereon shall at once become
due and payable at the option of Lender without prior notice, except as otherwise required by applicable law, and regardless of any
prior forbearance. In such event, Lender, at its option, and subject to applicable law, may then or thereafter foreclose this Security
Instrument either by advertisement and sale of the Property as provided by statute (the power of sale provided for by statute being
hereby expressly granted to Lender by Borrower) or by an action in equity, and may invoke any other remedies or take any other
actions permitted by applicable law. Lender will collect all expenses incurred in pursuing the remedies described in this Paragraph
21, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in
possession of the Property, if different, in accordance with applicable law. Lender shall give notice of its intent to foreclose to
Borrower by certified mail, return receipt, in the manner provided in paragraph 14. Lender shall publish the notice of sale, and
the Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the Property at any sale.
The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to,
reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally
entitled to it.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this property without
warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge
such person or persons a fee for releasing the Property for services rendered if the charging of the fee is pennitted under applicable
law.
23. Waivers. Borrower hereby releases and waives all rights in the Property under and viture of the homestead exemption
laws of the State of Wyoming and hereby relinquishes all rights of curtesy and dower in the Property.
24. Misrepresentation and Nondisclosure. Borrower has made certain written representations and disclosures in order to
induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that
Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior
notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity
date specified in the Note or notes secured by this Security Instrument, immediately due and payable.
25. Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument.
26. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of this Security
Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent pennitted by
applicable law.
27. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by
Borrower and Lender.
28. Reimbursement. To the extent pennitted by applicable law, Borrower shall reimburse Trustee and Lender for any and
all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the
performance of any act required or pennitted hereunder or by law or in equity or otherwise arising out of or in connection with
this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower
in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and
Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff
demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications,
full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties
under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is
occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance
mid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the
security for this Security Instrument; and all other fees and costs of a similar nature not otherwise prohibited by law.
29. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this Security
Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note
or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar
error, Borrower agrees, upon notice from Lender, to reexecute any documents that are necessary to correct any such error(s).
Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or
indirectly caused by any such error.
30. Lost Stolen, Destroyed or Mutilated Security Instrument and Other Documents. In the event of the loss, theft or
destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or
instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon
Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the
Loan Documents, upon Lender's surrender to Borrower of the rimtilated Loan Document, Borrower shall execute and deliver to
Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated
Loan Document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan
Documents, and may be treated for all purposes as the original copy of such Loan Document.
31. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property.
Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has
not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not
abandoned the Property.
32. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
Page 5 of 6
WYDlO015 (06-23-98)
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Loan Number: 321032241
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Date: 02/17/0{]00102
Servicing Number: 002088724 - 6
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
ŒJ Adjustable Rate Rider
o No Prepayment Penalty Option Rider
ŒJ Other(s) (specify) Balloon Rider
o Condominium Rider
o Planned Unit Development Rider
o 1-4 Family Rider
o Occupancy Rider
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
Witnesses: .
~~ (1(. ~
(J ES A HAWKES
(Seal)
-Borrower
~ o."n" F \-\QH~
,
DAWN E HAWKES
(Seal)
-Borrower
STATE OF WYOMING.
by
My Conunission Expires:
MERLAINE ANCHONDO
COUNTY OF
LINCOLN
NOTARY PUBLIC
STATE OF
WYOMING
MY COMMISSION EXPIRES JULY 18,2009
Page 6 of 6
(Seal)
"Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
WYDIOOl6 (06-23-98)
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..Loan Number: 321D322~
.servicing Number: DD2DBB724-£
D4te: D2/l7/D6
BALLOON RIDER
This is .a .BALLOON LOAN. Tœ term o.f the loan is 40130 years. This.means that w.hi.le yonr .monthly
payment .amo.unt is .amortized in .accorillmce with .a 40 year loan term, the Joan is pay.able in :full in
TIllRTY (30) years from the .date the loan is.made. As.a result, yo.u will be required to. repay the entire
remaining princip.al balance, to.gether with.accrued interest, late cl1arges, if any, .and .all advancements
.made by the .lender .under the terms o.f this lo.an in THIRTY (30) years fro.m the .date on w.hich the loan
is .made.
Tœ.lender .has no. obligatio.n to. refinance this loan.at the end o.f its term. Tœrefo.re, yo.u may be required
to. repay the Joan o.nt o.f o.ther assets yo.n may o.wn, or yo.u may .have to. :find ano.ther .lender willing to.
refinance the loan.
Ass~ this.lender Dr ano.ther knder refinances this loan.at m;¡tnrity, yo.n will probably be cl1arged
interest.at:marJœt rates prev.ail.ing.at that time whiclunay be considerably higher Dr lo.wer than the interest
Iate p.ai.d o.n this loan. Y o.n may also. .have to. pay some or .all o.f the closing co.sts no.rmally asso.ciated with
the.:new mo.rtgage Joan eVf:11 if yo.n o.btain refinancing from the .same Jender.
~WKESa. ~·CBorrowcr
-ÆorrOW1:T
-ÆorroWt:r
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:DAWN .E 1IAWIŒS
-:Borrow.er
-:BorroW1:T
-:BorrOW1:f
.MI1I...TISTAIE1lAIJ..OON JUDER
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.Lrum Number: 32l03224l
Serv.icing Number: 0020BB724-6
D.ate: D2/l7/06
ADJUSTABLE RATE RIDER
(LIBOR Index - Rate CllpS)
THIS ADJUSTABLE RATE RIDER is.made :F-ebruary :1.7, 2006
.and is IDcorporated into .and .sillùl be ð~~rl to lIII1f:Ild .and .supplement the Mortgage, TIred of Trust or
Security Dred (the "Security Inl<tm1Tlffllt") of the .same Date .given by the lmrl~T!ri1?1f".d (the '13orrower") to
..secure :Borrower'.s Adjustable.Rate Note (the "Note") to
Option On€ Mortgag€ Coxporation, E. Cali:fornia. Coxporation
(the ".Lender") of the .same Date.and roverin,g the ]JIOperty 1ie.scribed..in the Security 1nstnunent.and located
.at:
:L:l26 COULSON AVE, XEMMERER, -wY B3l0l-3947
[Property Address]
TIlE NOTE CONTAINSPROVISIONSAlLOWJNG FORCHANGES1NTHElNTEREST
.RATE AND TIlE MONTHLY PAYMENT. TIlE NOTE 1..IMlTS TIlE AMOUNT TIlE
BORROWER'.S lNTEREST .RATE CAN CHANGE AT .ANY ONE TIME .AND TIlE
.MAXJMIJM.RATE TBE:BORROWERMUST PAY.
.ADDmONAL COVENANTS. 1n llddition to the l;ovenants .and ..agr~P.11tl< .made ..in the Security
1:nstnnnent, :Borrower .and Lender :further l;ovenant.and ..agree .as follow.s:
"The Note provides for lUl..initial..interest TIl1e of B ABO %
Note provides for .changes ..in the ..interest TIl1e .and the JDODtbly payments, .as follow.s:
. The
-4. 1NTEREST:RATE AND MONTIILY PAYMENT CHANGES
(A) 0Ja0.ge D1i1es
The ..interest TIl1e I will pay :may .change on the::first day of March Ol 200.9 ,
.and on :that day :every ..sixth:month thp.æaft~. .Each Date on wlrich my ..interest TIl1e l;ould .change is .called a
"Change Date. "
(B) "The.Index
:Be,ginning w.ith the ::first Change Date, my ..interest TIl1e will be based on .an.In.ckx. The "1ndex" is the
av:er.age of interbank offered TIl1es for m-:month U.S. .dollar-den01TliTIatl"fl .deposits ..in the london market
("LIBOR"), .as published..in The W.a11.stT£et Journal. The most recent.Index figure av.ailab1e.as of the::first
business day of the :month :immed.i.ately preceding the.month ..in wlrich the Change Date occurs is .ca11edthe
"Current Jndex, "
1£ the Jndex is .no longer av.ailab1e, the Note Holder wiB choose .a .new index that is b.ased upon
l;ompm:ab1e..infonnation. The Note Holder will give me .notice of this choice.
(C) (,,~lr.nlation of c:hat1~
:Before:each Change Date, the Note Holder will r.akI11;¡t~ my.new ..interest TIl1e by.adding
£IX .AED 50/l00 :percentage point(s) ( 6.500% )
to the Current Jndex. The Note Bolder will then round the result of this .addition to the .next.higher one-cighth
of one percentage point (0.125 %). Subject to theJimits .stated..inSection4(D) below, :this rollIlded .amount will
.MIll.IJSIAIEADIDSIABLE.RATE1UDER.-lJBORlNDEX -.single F.amil.y
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l...rum Number: 32l0322-4l
.servicing Number: D020BB72-4-6
D1ûe: 02 /l7 / 06
be J11Y ~w :i:nœrest r1ûe lIDtil the.next Change Date.
The Note Holder will1hen d~tP.T111in~ the .amount of the J110111hly pAyment :tWIt would be .suffic.iffllt to
.repAY the 1lUpAid principal that 1 .am :expected to owe lit the Change D1ûe in j]ill on the M&urity Date lit J11Y
~w :i:nœrestr.ate .in .sub.stantially equal pAyments. The result of 1:bis calculation will be the ~w .amount of J11Y
J110111hly pAyment.
(D) l..imi1s on1ntcrest RBte o.:m~
The interest r.ate l.am required to PAY lit the fu.st Change D1ûewill:not be .greater than
II .-4 B 0 % or less than B .-4 B 0 % . Ther~:¡ftf"T, .my:i:nœrest rate willJ:1eVer
be.increased or .decreased on.any .single Change D1ûe by.more than one perœntAge point (1.0 % ) from the r.ate
of .interest 1 mve been pAying for the preceding .six:months. In no ev.ent will.my :i:nœrest r1ûe be ,greater
than l-4.-4BO% or less than B .-4BO%
(E) .Effective D.ate of o.:m~
My ~w interest r.ate will bécome effective on:each Change D1ûe.l will pAy:the .amount of .my ~w
J110111hly pAyment beginning on the:first J110111hly pAyment .date.after the Change D1ûe .until the .amount of .my
J110111hly pAyment .cb.anges Apin.
(F) Notice of Changes
The Note Holder will !leliver or.IIDÚ1 to IDe A:notice of .any ~h:¡n,gt"sin.my :i:nœrest r1ûe .and the .amount
of .my.month1y pAyment before the :effective .date of .any .cb.ange. The notice will.include .infOIJrultion required
by lAw 10 be given.me.and .also the title.and telephone number of li person who will.answer .any question 1 Jruiy
.have regm-ding the notice.
'1XANSFER OF THE PROPERTY OR A.BENEFlCIAL 1NTERF.ST IN BORROWER.
. Cov.enant 17 of the .security lnstrument is mnfflldt>.n 10 read liS follow.s:
Tr.m!áer of:tbe Property or .a TV-nf"fid:¡1 Tntf"rf"Jrt m..Bormwer. 1£ .all or .any:part of the Property or .any
:i:nœrest .in it is .sold or tnu1sferred (or if A ben~fic.i:¡ 1 :i:nœrest .in .:Borrower is .sold or :tr.ansferred .and .:Borrower
is not .a.na.tural person) withoutLender's prior written .consent, Lender Jruiy, lit its option, require imm~di:¡tf>
pAyment .in j]ill of.all .sums .secured by 1:bis .security 1:nstrument. However, :this option.shall ~ot be ext:rcised
by Lender if exercise is prohibited by :federa1lAw liS of:the.date of 1:bis .5ecurity lnstrument. Lender .also.shall
:not ext:rcise 1:bis option if: (.a.) .:Borrower .causes to be slIhmittt>.(1 to Lender infnnn:¡tinn required by Lender to
evlÙllate:the intf"T1c1f>cl1:ransferee liS jfli~W lo.an were being.made to the:tnmsferee;..and (b) Lender r6Isürul.bly
detf"TTT1in~s thatLender'.s .security willnot be .impAired by the lo.an llSSllIDption.and 1lUIt the risk of li breach of
.any .coven.ant or .agreement .in 1:bis .security lnstrument is llCCeptable to Lender .
To the extent 'p~itt~d by ApplicAble lAw, .Lender Jruiy .charge li reasonable :fee liS .a. .cnndition to
Len.der'.s .consent to the lrum liSSUIIlption. Lender Jruiy .also Iequire.:the 1:ransferee to .sign .an liSSwnption
.agreement 1lUIt is llCCeptable to Lender .and 1lUIt obligates:the 1:ransferee to lc:eep .all the promises .and .agræmffllts
.:made.in the Note.and.in this .5ecurity 1nst:nnnent. .:Borrower will.continue to be obligated llIlder the Note.and
1:bis.5ecurity lnstrument1111less Lender rdeases.:Borrower .in writin,g.
JfLender ext:rcises the option to require immf'Æ:¡tf'pAyment.infulLLender .shall,give.:Borrower:notice
of :JGN>lf>T:¡tinn. The notice .shallpTOV.ide li period of ~ot less than 30 illiy.s from the.date the :notice is !lelivered
or:mailed wit1ún w.hi.ch.:Borrower.must PAY.all sums.secured by 1:bis.security lnstrument.lf.:Borrower fails to
pAy these .sums prior to the :expir:¡tion of 1:bis period, Lender ::may .invoke .any r~f'.dies pP.T111ittf'rI by 1:bis
.security lnstrument without further .DOtice or df"T11:md on .:Borrower.
.MIJUIST.ATEADJUSTABLEBATE .RIDER-llBOR..1~.FJmù y
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-Serv.icing Number: DD2DBB724-:6
D.ate: D2/J.7/D:6
.BY -SIGNING .BELOW, .Borrower lICCepts .and llgrees 10 the terms .and .covmants .cont:lmec1.:in this
Adjustable RAte Rider.
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S A :HAW1ŒS
D ~ "0A c., Rei \J; -1 O.L\___
.:DAWN :E .:HAW1ŒS
(Seal)
(.seal)
(Seal)
(Seal)
(Seal)
(Seal)
.:MIJLTISTATE.ADJI1S1'ÄBI..EBATEJUDER-LIBORINDEX~:Eamíly
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