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HomeMy WebLinkAbout875936040i5085 The dackson S~ate Bank dackson, ~Y 83005 · ': Prepared By: Sarah E Divan " · [Space Above T~s Lh~e For Recor~g Data] MORTGAGE DEFINITIONS Words used in multiple sections' of thi's document are defined biilbw and other Words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage, of words used in this document are also provided in Section 16. .' (A) "Security Instrument" means'this document, which is dated '! September 11, 2001 , together with all Riders to this document. (B) "Borrower" is Wi ] ] ~ am Daley, III, A Single Man Borrower is the mortgagor under this Security Instrument. (C) "Lender" is The Jackson State Bank Lender is a State Bank organized and existing under the laws of the State of Wyomi ng. DALEY, BILL 8608444 ~ 0 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (~®-6(WY) (ooo5} Lender's address is 112 Center St., P0 Box 1788, Jackson, ~JY 83001 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 11, 2001 The Note states that Borrower owes Lender One Hundred Eight/> Fi ve Thousand Two Hundred and no/100 Dollars (U.S. $185,200.00 ) plus interest. Borrower has Promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October ~, 203~ , (E) "Property" means the prop4rty that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrumen,'~, plus interest. (G) "Riders" means all Riders to this Security Instrument that art~ e,xecuted by Borrower. The following Riders are to be executed by Borrower [check box: as applicable]: [] Adjustable Rate Rider [~ Condominium Rider i7-'.] Second Home Rider [-~ Balloon Rider [--~ Planned Unit Development Rider ~i] 1-4 Family Rider ~] VA Rider [--] Biweekly Payment Rider ~ii] Other(s) [specify] ! (it) "Applicable Law" means all controlling applicable federal:i date and local statutes, regulations, ordinances and administrative rules and orders (that have the effect: cfi law) as well as all applicable final, non-appealable juthmal opinions. , (I) "Community Association Dues~ Fees~ and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower 'or the Property by a (ondominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire tran~:ifers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the covi:::rages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or olher taking of all or any part of the Property; (iii) conveyance in lieu of condemnatio~n; or (iv) misrepre~entations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender agab:,!st the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount du~ fir (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instru~em. (O) "RESPA" means the Real Estate Settlement Procedures Act (12' U.S.~. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), a:; t'.~ey might be amended from time to time, or any additional or successor legislation or regulation that gov;.:rns the sane subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" nnder RESPA. DALEY. BILL 8608444 0 Initials: (~I~-6(WY) (0005) Page 2 of ~5 . Form 3051 1/01 (P) "Successor in Interest of Borrower" means any party that has fi~ien title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security InstrumenL TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the li;oan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does ;!~ereby mortgage, grant and conyey, to Lender and Lender's success0[s~and assigns, with power of sale, the following described property located in the County~ of Teton : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 96 of River View Meadows Second Addition to the Town of Alpine, Lincoln County, Wyoming within the SE1/4 of Sec-~;ion 30, T37N, Rl18W, according to that plat filed February 11, 1994, Plat No. 264-D, Instrument No. 778568. ' , : Parcel ID Number: which currently has the address of 468 Ri vervi ew Drive : [Street] A1 pi ne [City]Wyoming 83128 [Zip Codel (" Property Address"): ~, TOGETHER WITH all the improvements now or hereaft~.i' erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part clf' the property. All replacements and additions shall also be covered by this Security Instrument. All o~: the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised:(Cf the estate hereby conveyed and has the right to mortgage, grant and .convey the Property and that the'Property is unencumbered, except for enct]mb,rances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a un'i form security instrument covering real property. UNIFORM COVENANTS. Borrower mid Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this DALEY, BILL 8608444 0 Initials: (~-6(Wf) (0005) Page 3 of 15 Form 3051 1/01 Security Instrument is returned to Lender unpaid, Lender may requ;re that any or all subsequent payments due under the Note and this Security Instrument be made in or::~ or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified chec.~, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at tl?e location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient, to bring the Loan current. Lender. may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such paTments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled flue date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable per!od of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be ~applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future.against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants ;m.:t agreements secured by this Security Instrument. .1 2. Application of Payments or Proceeds. Except as otheriqse described in this Section 2, all pay~nents a, ccepted and applied by Lender shall be applied in the ;~oHowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounls due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may. be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender mayapply any payment received '. from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment i.s applied to the full payment of one or more Periodic Payments, such excess may be applied to any late ckarges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described ini:h6 Note. Any application of payments, insurance proceeds, or MiscelLmeous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amo,.~nt, of the Periodic Payments. 3. Funds for Escrow Items~ Borrower shall pay to Lender o~x the day Periodic Payments are due under the Note, .until the Note is paid in full, a sum (the "Funds") 'to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain prior:~ty over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or gro~.ind rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender ia lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section [0. These items are called "Escrow Itetns." At origination or at any time during the term of the Loan, Lender may require that Community' Association Dues, Fees, and Assessxnents, if any, be escrowed by 'Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furni,,iii~ to 'Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds fol[: Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all EscrOw Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts DALEY, BILL 8608444 : 0 ! Initials: (~I~-6(WY) Iooos) Pag. 4 of ~S Form 3051 1/01 due for any Escrow Items for which payment of Funds has been waiw~d by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within sucl-t time period as Lender may require. Borrower's obligation to make such payments and to provide receip}~ shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Item.,~ directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender r~:;ay exercise its rights under Section 9 and pay such amount and Borrower shall then be Obligated under Section 9 to repay to Lender any such amount. Lender xnay revoke the waiver as to any or all Escrow It~!ms at any time by a notice given in accordance with Section 15 'and, upon such revocation, Borrower :,.hall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. :' Lender may, at any time, collect and hold Funds in an amount '~) sufficient to permit Lender to apply the iFunds at the time specified under RESPA, and (b) not to exce~'.'d the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or oth,:¢rwise in~ accordance with Applicable Law. The Funds shall be held in an institution whose deposit:~' are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institutk n whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay r:~e Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for hold:ing 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. [. aless an agreement is made in writing or Applicabl'e Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or 'earnings on the Funds. Borrower and Lender can al!:}ee in writing, however, that interest shall be paid on the .Funds. Lender shall give to Borrower, withou.i:': 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 to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as 'required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 :monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. ~ ~ 4. Charges; Liens. Borrower shall pay all taxes, assessmeats, charges, fines, and impositions attributable to the Property which can attain priority over this Sec~rlity Instrument, leasehold payments or ground rents on the Property, if any, and Community Association DUes, Fees, and Assessments, if any. To the,extent that these items are Escrow Items, Borrower shall pay th~m in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priori':y 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, but only so long as Borrower is performing such agreem{mt; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreem:n; satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any. part of the Pi'operty is subject to a lien which can attain priority over this Security Instrument, Lender mas! li~:ive Borrower a notice identifying the DALEY, BILL 8608444 0 , :Initials: (~-6(WY) (ooos) Page 5 of 15 : Form 3051 1/01 lien. Within 10 days of the date on which that notice is given, Bormv~er shall satisfy the lien or take one or more of the actions set forth above in this Section 4.. Lender may require Borrower to pay a one-time charge fi:ir a real estate tax verification and/or rePorting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep fl~e improveme:~ts 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, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including decluc~ible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding :ientences can change during the term of the Loan. The insurance carrier providing the insurance shall be i~:~hosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not b: exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either::' (al) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charg,e for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Bon:ower shall al~o be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection.by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender i:s ~nder no obligation to purchase any particular type or amount of coverage. Therefore, such coverage Shall cover Lender, but might or might not protect, Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard ot liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges tfiat the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disburse~! by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Ail insurance policies required by Lender and renewals.of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage 'clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the fight to hold the policies and renewal certificates.. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverag,:,,., not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.' In the event of loss, Borrower shall give prompt notice tO tlile !insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying im'¢lrance was required by Lender, shall be'applied to restoration or repair of the Property, if the restorati0~ or repair is economically feasible and Lender's security is not lessened. During such repair and restoratioh period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunitYi t9 inspect such-Property to ensure the work has been completed to Lender's satisfaction, provided that ~;uch inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless'an agreemeiit is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shgill not be required to pay Borrower any interest or earnings on such proceeds. Fees for. public adjusters, ". or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shaft, be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's secu::::ity would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Ins{rUment, whether or not then due, with DALEY, BILL 8608444 0 6(WY) (0005) Page 6 of ~5 Form 3051 1/01 the excess, if any, paid to Borrower. Such insurance proceeds shall i,c applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotia?.e and settle any available insurance claim and related matters. If Borrower does not respond within 30 !:.l'ays to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negt?fiate and settle the claim~ The 30-day period will begin when the notice is given. In either event, or if~Lender acquires the Property under' Section 22 or otherwise, Borrower hereby assigns to Lender (a)i~Borro-wer's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,, and (b) any other of Borrower's' rights (other than the right to any rei[und of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds eitt':er to repair or restore the Property or to paY amounts unpaid under the Note or this Security Instrument, w~ ether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use ttie Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at ~east one year after'the date ~of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreason?bly withheld, or unless extenuating circumstances exist which are beyond Borrower's control. '7. Preservation, Maintenance and Protection ot' the Propecty; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or ~i, lie taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoratiiS.h in a single payment or in a series of progress payments as the work is completed. If the insurance or co:idemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. ~ Lender or. its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvem~rtis on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in d~f~'tult if, during the Loan application process, Borrower or any persons or entities acting at the directi'Sn of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate! information or statements to Lender (or failed to provide Lender with material information) in c~::nnection with the Loan. Material representations include, but are not limited to, representations concerning, Borrower's' occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rightsl Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interesf, in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Securii~ Instrument or to enforce laws or regulations), Or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Pro[,erty and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable DA'LEY. BILL 8608444 0 (~}~-6(WY) 10005) Page 7 of ]5 Form 3051 1101 attorneys' fees to protect its interest in the' Property and/or rights umler this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous: conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of B~orrower secured by this Security Ir[strument. These amounts shall bear interest at the Note rate from the date, of disbursement and shall be Payable, with such interest, upon notice from Lender to Borrower requesting pay~nent. ' · If this Security Instrument is on a leasehold, Borrower shall comply wi~h all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehokl arid the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insuranr~e as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortga&e itnsurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be, av,~dlable frorrl the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall .p~iy the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance pre¥iously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivaleri Ivlortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of tl:...a separately designated payments that were due ,when the insurance coverage ceased to be in effectl I. ender will accept, use and retain these payments as a ?on-refundable loss reserve in lieu of Mortgage hT. surance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimate!~y 2aid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reslerve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount md lbr the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower~ shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is require,d by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate-their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their :isk, or reduce losses. These agreements ar~e on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fund~ that the mortgage insurer may have available (which may ir~.clude funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of t~,e Note, another insurer, any reinsurer, any other entity, or any affiliate of:any of the foregoing, may rec,:jw~. (directly or indirectly) amounts that derive from (or might be characterized as) a portion of BorroweriLs ,payments for Mortgage Insurance; in exchange for sharing or modifying the mortgage insurer's risk;.:or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insureffs risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "capliW, reinsurance." Further: (a) Any such agreements will not affect the amounts thru,~ Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agt'ee:~nents will not increase the amount Borrower will owe for Mortgage Insurance, and they will not enti~:te Borrower to any refund. DALEY, BILL 8608444 , 0 i~). Initials: 6(WY} (ooo5) Pa~ 8 of ~s Form 3051 1/01 745 (b) Any such agreements will not affect the rights Borrow¢:~r has-L if any - with re~spect to the Mortgage Insurance under the Homeowners Protection Act of 1'!)98 or any other la~v. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatmal y, and/or to receive a refund of any Mortgage Insurance premiums that were unearned! ~t the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All. Miscell~eous Proceeds are hereby assigned to ~d shall be paid to Lender. If the Property is d~aged, such Misce11~eous Proceeds shall be applied to restoration or rep~r~of the'Prope~y, if the restoration ~0r repair is economic~ly feasible ~d Lender's security is not lessened. During such repair ~d restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had ~ oppo~unity to inspect such Prope~y to ensure the work has been completed to Lender's satisfaction, provided that such inspection sh~l be undert~:n promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series ot: progress payments as the work is completed. Unless ~ agreement is made in writing or ApplicabIe Law requires interest to be paid on such Miscell~eous Proceeds, Lender shall not be required to pay Borrower ~y ~nterest or e~ings on such Miscell~eous Proceeds. If the restoration or repair is not econo~cal~y feasible dr Lender's security would be lessened, the Miscell~eous Proceeds shall be applied to ~e sums secured by this Security Inst~ment, whether or not then due, with the excess, if my, paid to Borrower. Such Miscell~eous Proceeds sh~l be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value, of the Property, the Miscell~eous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial t~ing, destruction, or loss in value of the Prope~y in which the fair market value of the ~Prgperty i~ediately'before the partifl t~ing, destruction, or loss in vflue is equ~ to or greater th~ the ~ount of the sums secured by this Security Instr~tment immediately before the p~tial taking, destruction, or loss in value, unless Borrower and Lender :~the~ise agree in writing, the sums secured by this Security Instrument shall· be reduced by the ~r:mnt of the Miscell~eous Proceeds multiplied by the following fraction: (a) the total amount of ~he ~.t~ms secured i~ediately before the partial taking, destruction, or loss in value divided by (b) the:fair market value of the Property immediately before the partial t~ing, destruction, or loss in value. A':iy bal~ce shall be paid to Borrower. In the event of a partial t~ing, destruction, or loss in value of ~3he Property in which the fair market value of the Property i~ediately before the partial t~ing, destmc:'ion, or loss in value is less th~ the mount of the sums secured i~ediately before the' partial taking, ~destmction, or loss in value, unless Borrower ~d Lender o~e~ise agree in writing, the Miscell~eous 'l?roceeds shall be applied to ~e sums secured by this Security Instrument whether or not the sums are then ~[ue. If the Prope~y is ab~doned by Borrower, or if, after notice by Lender to Borrower that the Opposing Pa~y (as defined in the next sentence) offers to m~e ~[.,~ward tO settle a claim for dmages, Borrower fails to respond to ~nder within 30 days after the date the,notice is given, Lender is authorized to collect ~d apply the Miscellaneous Proceeds either to restoratiox~ or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" me~s the third party that owes Borrower Miscell~eous Proceeds or the party against whom Borrower has a right of action in regard to Miscell~eous Proceeds. Borrower shall be in default if ~y action or proceeding, whether civil or cri~nal, is begun that, in Lender's judgment, could result in forfeiture of ~e Prope~y or ether material impai~ent of Lender's interest in the Property or rights under this Security Instrument. Borrower c~ cure such a default ~d, if acceleration has occurred, reinstate as provided in Section 19, by Causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Secu3ity Instrument. The proceeds of any award or claim for dmages that are attributable to the impairmev, t of Lender's interest in the Property are hereby assigned ~d shall be paid to Lender. All Miscell~eous Proceeds that are not applied to restoration or repair of the Prope~y shall be applied in the order provided for in Section 2. DALEY, BILL 8608444 Form 3051 1/01 ~6(WY] (ooo~) Page 9 of 15 12. Borrower Not Released; Forbearance By Lender NoG a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this c · ,~,ecunty Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not op~Tale to release the liability of Borrower or any Successors in Interest of Borrower. Lender sha~l not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend t!~me for payment or otherwise modify amortization of the sums secured by this ~¢curity Instrument by reasOn of any demand made by the original Borrower or any Successors in Interest of Borrower. Any £orbearar. cc by Lender in exercising any light or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount-then due, shall not be a waiver of, or preclude the exercise of any righ~ or remedy : 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a. "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms Of this Security Instrument; (b) is not personally obligated to Fay the~ sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrumen~ or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in' Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, an¢i is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrume~.t. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument urdess Lender agrees to such release in writing. The covenants and agreements of this Security Instrumem shall bind (except as provided in Section 20> and benefit the successors and assigns of Lender. 14. Loan ,Charges. Lender may charge Borrower fees for Services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender· may not charge · lees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced bY. the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from BOrrower which exceeded permitted limits will be refunded to Borrower. Lender tnay 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, Pr~::payment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of, ac',:ion Borrower might have arising out of such overcharge. "~ 15. Notices. All notices given by Borrower or Lender in c°!nrtection with this Security Instrument ~nust be in writing. Any notice to Borrower in connection with this ,Security Instrumen[ shall be deemed to ha'Je been given to Borrower when mailed by first class mail or ween actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice ad:,iress shall be the Property Address unless Borrower has designated a substitute notice address by notice 'to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies ' procedure for reporting Borrower's change of address, then Borrower shall only report a change.of address through that specified procedure. There may be only one designated notice address under this Securi':y Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender ha~ designated another address by r:otice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to haw been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the correspond!ing requirement under this Security Instrument. DALEY, BILL 8608444 0 (~I~-6(WY) Iooos) Page ~o of ~ Form 3051 1/01 747 16. Governing Law; Severability; Rules of Construction.. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which tl~i~ Property is located. All rights and obligations contained in this Security Instrument are subject to tiny requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow~ the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibit!~on against agreement by contract. In the event that any provision or clause of this Security Instrument o:; the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security itnstrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masct.'.~,ine gender shall mean and influ, de corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice v~rsa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in tht~ Property, including, but not limited to, those beneficial interests transferred in a bond. for deed, contract ior deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full oq all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower no!ice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums p~ri0r to the expiration of this period, Lender may in'ttoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate' After Acceleration. If'Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security' Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender ail sums which the~ would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cureslany default of any other covenants or agreements; (c) payg all expenses incurred in enforcing this Security ];~strument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation ~i;;es, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights urT~der this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that 7Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to Ii:ay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borr~i:wer pay such reinstatement sums and expenses in one or more of the following forms, as selected by Ldader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or .cashier's check, pr~'..'vided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds ~I~ransfer. Upon reinstatement by Borrower, this Security Instr.:tment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one o.r more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrume~.t and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which ~vill state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA DALEY, BILL 8608444 ,. 0 (~-6(WY) Iooo5) Page 11 of 'i5 Form 3051 1/01 7 4 0 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred t(: a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the No:e purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the ether party's actions pursuant Io this Security Instrument or that .alleges that the other party has breached any provision of, or any duty owed Joy reason of, this Security Instrum.ent, until such Borrower or Lender 'has notified the other party (with such notice given in compliance with'~the requirements of Section 15) c::"such alleged breach and afforded the other party hereto a reasonable period after the giving of sucl~ notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this parag:raph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 m'..d the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the nod~ie and opportunity to take corrective action provisions of this Section 20. i:~ 21. Hazardous Substances. As used in this Section 21: (a.} "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or Wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic· petroleum products, toxic pesticides and herbicid, es, volatile solvents, materials containing asbestos or fon"aaldehyde, and radioactive materials; (b) "Environme,ntal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, .as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous. Substm~ces, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the·presence, use, or release of a. Hazardous Substance, creates a condition that adversely affects thd~Valudof the Property. 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) an3' investigation, claim, demand, lawsuit or qther action by any governmental or regulatory agency or private party involving the Property and any Hazardqus Substance or Environmental Law of which Borrow~::r has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, :leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused' by the presence, use or release of a Hazardous Substance which adversely affects the value of the Proper':y. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, ti. at 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. Nothing ;l?erein shall create any obligation on Lender for an Environmental Cleanup. DALEY, BILL 8608444 0 'Initials: ~/~-6(WY} (ooo~} Page ~2 of ~s Form 3051 1/01 NON-UNIFORM COVENANTS. Borrower and Lender further .t:ovenant and agree as follows: 22. Acceleration; Remedies. L'ender shall give notice to Borr~;.wer prior to acceleration following Borrower's breach of any covenant or agreement in this Secu?ity Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorroWer, by which the default must be cur~ed; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and s. ale .of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration, and the right to bring a court'action to assert the non-existence of a default or any other defense of Borrower to acceleration and sai;e. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security i[nstrument without further demand and may invoke the power of sale and any other remedies perraitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power :~ff sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sal:e to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law, Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the' following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instr. ument; and (c) any excess to the person or persons legally entitle~d 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. Waivers. Borrower releases and waives ail rights under: and by virtue of the homestead exemption laws of Wyoming. DALEY. BILL ' 8608444 0 Initials: (~_-6(WY) (ooos) Page ~3 o~ ~5 Form 3051 1/01 BY SIGNING BELOW, Borro!~'er accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider!executed by Borrower and recorded with it. Witnesses: .~ ~i 1 lb'am Oa!.ey (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower ;: (Seal) (Seal) -Borro~ver -Bo,rrower (Seal) (Seal) -Borrower ~ -Borrower DALEY, BILL 8608444 '. 0 (~6(WY) Page ~4of ~5 Form 3051 1/01 {0o05) STATE OF WYOMING, Teton County ss: The foregoing instrument was'acknowledged before me this September 11, 2001 byWilliam Daley, III My Commission Expires: DALEY, BILL 8608444 0 Initials: ~--6(WY)(ooos) Pagetsofls Form 3051 1/01