HomeMy WebLinkAbout875991 Return To:
nOOK/'1
PACIFIC REPUBLIC MORTGAa~ CORPORATION
2150 TOWNE CENTRE PLACE~
SUITE 300
ANAREIM, CA. 92806 :';
Prepared By: .'
PACIFIC REPUBLIC MORTGAG;~I CORPORATION
7310 IqORTIt 16TH STREET S~JITE' 300
PHOENIX, AZ 85020-5256 }}]
Loan No. 35327817 84674'.?.~/pc
[E IiLce Above This Linc For Recording Data]
.= MORTGAGE
MIN 1001201-0035327817-0
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated September 7th, 2001 ,
together with all Riders to this docmi~ent.
(B) "Borrower" is JUDITI{ BECK~TT. AN LTNMARRIED WOMAN
. /a/k/a Judith 3. Beckett ~
Borrower is the mortgagor under thi:~!:Security Instrument.
(C) "MERS" is Mortgage Electron!h: Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Le]..:ler and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. M;~!.RS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.6. Box 2026, Flint, MI 48501-20g§, tel. (888) fl?~-MERS.
WYOMING-Single Famil?Fan, nle Mae/Fni'.ldle Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01
.. 1~)-6 A(WY)(ooos).o,
VMP MORTGAGE FORMS- (800)S~,~7291 ' i
106a01wy,0101r
(D) "Lender" is PACIFIC REPUBLIC MORTGAGE CORPORATION'
Lender is a CALIFORNIA CORPORATION
organized and existing under the law'sol THE STATE OF CALIFORNIA
Lender's address is 2150 TOWN~' CENTRE PLACE, SUITE 300
ANAHEIM, CA, 92806
(E) "Note" means the promissory re>re'signed by Borrower and dated September 7, 2001
The Note states that Borrower owes Lender EIGHTY-EIGHT THOUSAND and NO/100
' ~,~ : Dollars
(U.S. $ 88,00o. o0 ) plu~ interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in fidl ngt later than October 1, 2031
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenc'edl by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all stuns due ii[nder this Security Instrument, plus interest.
(H) "Riders" means all Riders to t.~is :r Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrowe~:~[check box as applicable]:
[] Adjustable Rate Rider [~] Condominium Rider [] Second ltome Rider
[] Balloon Rider [~ Planried Unit Development Rider [~] 1-4 Family Rider
[~] VA Rider ~ Biweekly Payment Rider [] Other(s) [specify]
(I) "Applicable Law" means all coatrolling applicable federal, state and local statutes, regulations,
ordinances and administrative rules ',mil orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Due& l;i'ees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borr?Wer or the Property by a condominium association, homeowners
association or similar organization. ~'.
(K) "Electronic Funds Transfer" ~ni~ans any transfer of funds, other than a transaction originated by
check, draft, or similar paper inmarnent 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 in!.~iated by telephone, wire transfers, and automated clearinghouse
transfers. : '
(L) "Escrow Items" means those it&ns"ihat are described in Section 3.
(M) "Miscellaneous Proceeds" means'any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for:
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissiong as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amou.nt due for (i) principal and interest under the
Note, plus {ii) any amounts under Sectipn 3 of this Security Instrument.
(P) "RESPA" means the Real Estate 5',ettlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation ?;( (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor le[:islation or regulation that governs the same subject matter. As used
in this Security Instrument, RESPA, r.efers to all requirements and restrictions that are imposed in regard
to a federally related mortgage loait /even if the Loan does not qualify as a "federally related ~nortgage
loan" under RESPA.
Initials~__ 35327817 8467479/PC
(~i~-6A(WY) (ooos).m P~2o~5 ~ Form 3051 1/01
106aOgwy. OlOlr
0 5 t
(Q) "Successor in Interest of Bor.',')we means any party that has taken title to the Property, wlxether or
not that party has assumed Borrow'e~7's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security htstrument secures to Lender: (i) the repayment of rite Loan. and all renewals, extensions and
modifications of the Note; and ';;'i;i) the performance of Borrower's covenants and agreements under
this Security Instrument and the N,>te. For this purpose, Borrower does hereby mortgage, grant and convey
to MERS (solely as nominee for.%ender and Lender's successors and assigns) and to the successors
and assigns of MERS., witl. i'- power of sale, the following described property localed
in the COI/NTY of LINCOLN, '
[Type of Recording Ju' ;sdlctton] [Name of Recording Jurisdiction]
LOT 8 PRATER CANYON EsT')~TES, UI~IT NO. 1, AS SHOWN BY THE OFFICIAL PLAT
THEREOF FILED OCTOBER ?!;, 1967, AS FILINO NO. 404249 IN TIlE OFFICE OF
TIlE CLERK OF LINCOLN C;;)UNTY, WYOMINO.
Formerly known as:
Lots '~ Estates, Unit No. 1, as shown by the official
7, 8 and 9 Prater "Canyon
plat thereof filed Oct::i'ber 3, 1967, as Filing No. 404249 in the Office
of the Clerk of Lincol:;ii' County, Wyoming
Parcel ID Number: ,! which currently has the address of
[Streetl
138 PRATER CANYON DRIV'~
THAYNE ~!i. [City] , Wyoming 83127~- [Zip Code]
("ProPerty Address"): i;i
TOGETHER WITH all the!; improvements now or hereafter erected on the property, and all
easements, appurtenances, and fi:i:mres now or hereafter a part of the property. All replacements and
additions shall also be covered b'?',' this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Proper,~y." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borro~"er in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for L{mder and Lender's successors and assigns) has the right: to exercise any
or all of those interests, including., but not limited to, the right to foreclose and sell the Proi]erty; and to
take any action required of Lend .~r including, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and ~', ~3nvey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrowe: warrants and will defend generally the title to the Property against all
claims and demands, subject to an} encumbrances of record.
THIS SECURITY IN'STRUMENT combines uniform covenants for national use and non-uniform
covenants with limited v.,i~riations Py jurisdiction to constitute a uniform security instrument covering real
property.
initials: (1.R 35327817 §4674701PC
(~[%-6A(WY) (ooos)m pa,e3o, 15 ~ Form 3051 1/01
106aO3wy. OlOtr
UNIFORM COVENANTS. Eorrower and Lender covenant and agree as follows:
1. Payment of Principal, )~nterest, 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 0~' i~ther instrument received by Lender as payment under the Note or this
Security Instrmnent is returned to Lender unpaid, Lender may require that any or all subsequent payments
due nnder the Note and this Securi. ty Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b)'~ money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any suc~h ~check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or~e~¢ity; or (d) Electronic Funds Transfer.
Payments are deemed received iby Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or t'~artial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may:iiccept 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 L~nder i:;: not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment:is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Bm'rower makes payment to bring
the Loan cnrrent. If Borrower does; not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrovw~r. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note iimmediately 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 Instrumen!:or performing the covenants and agreements secured by this Sect;rity
Instrument.
2. Application of Payments, i:~r Proceeds. Except as otherwise described in this Section 2, all
payments accepted and'applied by L~nder shall he applied in the following order of priority: (a) interest
due nnder the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic ?a'~iment in the order in which it became due. Any remaining amounts
shall be applied first to late charge?;, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance~, of the Note.
If Lender receives a paymen'i: ii'om 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 P~riodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment oI:' the Periodic Payments if, and to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one m'
more Periodic Payments, such excrss.may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in tbe Note.
Any application of payments, i~.'surance proceeds, or Miscellaneous Proceeds tO principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items ~orrower shall pay to Lender on the day Periodic Payments are due
under the Notel until the Note is paid: in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurar~ceI required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums pay~able by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items.." At origination or at any tim~i during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section.~Borrower ~shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Flinds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender, Funds :fo~ any or all Escrow Items at any time. Any such waiver may only be
in writing. In the eventof :such wa~vt r, Borrower shall pay directly, when and where payable, the amounts
I.]tlals~ 35327817 8467479/PC
(~[~-6A(WY) (ooo5)m Page 4 o~ ~5 . Form 3051 1/01
106aO4wy. OlOlr
0 b 3
due for any Escrow Items for whic~l payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evi?.dencing such payment withiu such time period as Lender may require.
Borrower's obligation to make su'/~ :payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement conta~:v-~d, in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower:is obligated to pay Escrow Items directly, pursuant to a waiver, ami
Borrower fails to pay the amount ~?,e for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrow~!!x,: shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the Xi~i~,,iver as to any or all Escrow Items· at any time by a notice given in
accordance with Section 15 and, u..l:.bn such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then requir0J'~under this Section 3.
Lender may, at any time, col?.'ii:.t and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified ufil:ler RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shi~i} estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditu~?s of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held iii an institution whose deposits are insured by a federal agency,
instrumentality, or entity (includinii$:iLender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Leri~er shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender slsall not cbarge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or Verifying tile Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits'Lender to make such a charge. Unless an agreement is made in wrili~ng
or Applicable Law requires intetes~;~to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the FmC!Is. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accmmting of the
Funds as required by RESPA.
If there is a surplus of Fundi!~:' held in escrow, as defined under RESPA, Lender shall acconnt to
Borrower for tile excess funds in a~'~ordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender si:lOll notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to mSCe 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 RF..i}PA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance wifi:~ RESPA, but in no more than 12 monthly payments.
Upon payment in full of all S;zms secured by this Security Instrnment, Lender shall promptly refund
to Borrower any Funds held by Le~!4er.
4. Charges; Liens. Borro~;r shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which '.,;an attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if an?, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escr*¥v¢ Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly dis6harge 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, but only so long as Boi?ower is performing such agreement; (b) contests the lien in good thith
by, or defends against enforcemer~i of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lie'~'~ while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures fromihe holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Ins/rument~ If Lender determines that any part of the Property is subject to a lien
which can attain priority~over this iSecurity Instrument, Lender may give Borrower a notice identifying the
~' 35327817 8467479/PC
(~[~-§A(WY) (ooos).m ~t~ s o* ~s .~ Form 3051 1'/01
106aO5wy. OlOlr
054
lien. Within 10 days Of the date oi:! Which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth ahoy::, ii,~ this Section 4.
Lender may require BorroV;ef~ to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender L~ 'i:onnection with this Loan.
5. Property Insurance.. Bor!:o',~er 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, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained !~n the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requii'es pursuant, to the preceding sentences can change during the term of
the Loan. The insurance carrier pro:riding the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's.choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection' with this Loan, either: (a) a one-time charge for flood zone
determination, certification and traddng services; or (b) a one-time charge for flood zone determination
and certification services and suhse'~uent charges each time remappings or siinilar changes occur which
reasonably might affect such det~m~ination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determin!tffan 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 am~ Borrower's expense. Lender is under 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 or liability and might pro"~ide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of th~:. il:~surance coverage so obtained might significantly exceed the cost of
insurance that Borrower could ha~e bbtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower!'secm'ed by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of ~:lisbursement and shall he payable, with such interest, upon notice frmn
Lender to Borrower requesting pazment,
All insurance policies requir~d 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 10,SS payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, B~'?.rri!wer shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obta:[m:, any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of,.th~ Property, such policy shall include a stamlard mortgage chmse and
shall name Lender as mortgagee ai'~d/ar as an additional loss payee.
In the event of loss, Borrow~c'r':shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not mo'ale':promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceedS, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair ofl.the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. D~:.Hng such repair and restoration period, Lender shall have t,he right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lend!~.~r's satisfaction, provided that such 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 i:ompleted. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such pr(~ce:?.ds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be poid out of th~ insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds sball be applied ..t~ the sums secured by this Security Instrument, whether or not then due, with
, : 35327817 8467479/PC
~, Initial~
(~I~-6A(WY) (ooo5)m ~.9~6 o,~5 Form 3051 1/01
106aO6wy. OlOlr
O55
the excess, if any, paid to Borrower: Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borr~,wer does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to se!!:le a claim, then Lender may negotiate and settle the claim. Tbe 30-day
period will begin when the notio!~ is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exc~,bd the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower!s righv~il (other than the right to any refund of nnearned pre~niums paid by
Borrower) under all insurance poli~!gs covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender ~i..ay use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the N':~fe or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the 'eXecution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal ri:~i;idence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, whit~',~ consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beym~,fl Borrower s control.
7. Preservation, Mamtenan::~, and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the ['i!0perty, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrow6? is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property fro~:'{deteriorating or decreasing in value due to its condition. Unless it is
determined pnrsuant to Section 5 ihat repair or restoration is not economically feasible, Borrower sliall
promptly repair the Property if i{:amaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in:'connection with damage to, or the 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 pr0?eds for the repairs and restoration in a single payment or in a series of
progress payments as the work is c"::;~mpleted. If the insurance or conde~nation proceeds are not sufficient
to repair or restore the Property, B~6rrower is not relieved of Borrower s obligation for the completion of
such repair or restoration.
Lender or its agent may. ma!{e reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or pt!ior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any person~ or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materi~'~!lly false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are nlilt limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender' s I~i':erest in the Property and Rights Under this Security InStrument. If
(a) Borrower fails to perform the c'!;~venants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might s!!gnificantly affect Lender's interest in the Property and/or rights under
this Security Instrument' (such as ~I :.proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which ma?I attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has .,~bandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to prmi~ct Lender's interest in the Prope?ty and rights under this Security
Instrument, including prgtecting a~:~d/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions ca~/include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Se(!~rity Instrument; (b) appearing in court; and (c) paying reasonable
35327817 8467479/PC
(~i~®-6A(WY) (ooo~),o~ .i P~ge ? of ~ . Form 3051 1/01
106a07wy,010lr
attorneys' fees to protect its intere ;t: in the Property and/or rights under this Security Instrument, including
its secured position in a bankrur:?,cy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make rep~i:~s, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or o~,:her code violations or dangerous conditions, and have utilities turned
on or.off. Although Lender may t~:ki.' action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do .,;o. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Secti,ln:9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable,: with such interest, upon notice from Lender to Borrower requesting
payment.
If tbis Security Instrument i:~; 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 ~nerger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums :equired to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage '~equired by Lender ceases to be available from the mortgage insurer that
previously provided such insurance"land Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent toe'the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrow.:er of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lend'er. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continual t~ pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refimdable loss' reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding ti:re'fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any int¢:!:e.st or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage InsYm:~nce coverage (in the amount and for the period that Lender requires)
provided by an insurer selected 'by Lender again becomes available, is obtained, and Lender requires
separately designated payments towa:tid the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of maki?.g ithe 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 e~'fect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insm'anc:e ends in accordance with any written agreement between Borrower and
Lender providing for such termim lion or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obli~ia!:ion.to pay interest at the rate provided in the Note.
Mortgage Insurance reimbur!;es 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 tiSeir total risk on all such insurance in force from time to time, and may
enter into agreements with other p~rties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that a'ei'~atisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments usin'g any source
of funds that the mortgage insurer may have available (which may include funds obtained from' Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affililite o'~' any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might he 'characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the ins,urer, the arr:mgement is often termed "captive reinsurance." Further:
(a) Any such agreements wff not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or ahy other 'terms of the Loan. Such agreements will not increase the amount
Borrower will owe for' Mortgage [hsurance, and they will not entitle Borrower to any refund.
35327817 8467479/PC
Initials: .~
(~)-6A(VVY) (ooo5),o~ P~ e or ~5 : Form 3051 1101
106a08wy.010lr
(b) Any such agreements w(ll~inot affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the H~mcowners Protection Act of 1998 or any other law. These rights
may include the right to receix,~ certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have thei~vlortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurani'~:premiums that were unearned at the time ot such cancellation or
termination.
11, Assignment of Miscellan~:ous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, ~¢h Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, it' the restoration or!!,epair is economically feasible and Lender's security is not lessened.
During such repair and restoration i'~,!;riod, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opP0rtunii~y to inspect such Property to ensure the work has been completed to
Leuder's satisfaction, provided that:tach inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a sing? i disbursement or in a series of progress payments as the work is
completed. Unless an agreement is"~i~:mde in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender s~;!~!ll not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the rest6ration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Pr°~eeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the .i:!"x:cess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in!ISection 2.
In the event of a total taki~l', destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the s~s secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrowe~fi~
In the event of a partial takinii.i destruction, or loss in value of the Property in which the fair market
value of the Property .imme'diately,~iilbefore the partial taking, destruction, or loss in value is equal to or
ureater than the amount of the sui-i'~}s secUred by this Security Instrument immediately before the partial
taking, destruction, or loss in valne, unless Borrower and Lender otherwise agree In wrthng, tbe sum
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fractihn: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or 10}iS in value divided hy (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking; destruction, or loss in value of the Property in which the fair market
value of the Property immediately Jiefore the partial taking, destruction, or loss in value is less than the
amount of the sums secured immOdiately before the partial taking, destruction, or loss 'in valne, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrumentiiwhether or not the sums are then due.
If the Property is abandonecii by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the :~iext sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lende? within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellan. i:iaus Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instn!ment, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneou~'?roceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default i)!" any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result i~':~ forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights u.. ~der this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstat~ as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Leader's judgment precludes forfeiture of the Property or other material
impairment of Lender's interest in~}:~he Property or rights under this Security Instrument. The prnceeds of
any award or claim for damages thlit are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be p~,!d to Lender.
All Miscellaneous Proceeds, ~i'ihat are not applied to restoration or repair of the Property shall be
applied in the order provided for in:Section 2.
':~ 35327817 8467470/PC
~[ Initials: ,~.
(~t~-6A'(VVY) (ooo5)~ol ~:i P~9.' o, ,s . Form 3051 1/01
106a09wy.0101r
12. Borrower NOt Released;,:Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortiz;~:Iion of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in In~:isrest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Bor:r0wer. Lender shall not be required to commence proceedings against
any Successor in Interest of Borr~;wer or to 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 any Successors in Interr:xSt of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitatit:,n'; Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower c,r'~n amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right o}~ remedy.
13. Joint and Several Liabilil:y;;' Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligat!ons and liability shall be joint and several. However, any Borrower who '
co-signs this Security Instrument [iu!! 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 pay the sums secnred by this Security
Instrument; and (c) agrees that Lend~i' and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument 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 S.tm,~rity Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits ~nder this Security Instrument. Borrower shall not be released fi'om
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successoi:s :and assigns of Lender. ' ~
14. Loan Charges. Lender ma'~i charge Borrower fees for services performed in connection wittr
Borrower's default, for the purpose t~f protecting Lender's interest in the Property and rights under this
Security Instrument, including, but :~!~i limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the abse.uc~ of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construf,d~as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law ~,vh'ich sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charg~,~s,collected or to be collected in connection with the Loan exceed the
permitted limits then: (a) any suct!.:l~an charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit and (tili i/ny sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrowe¥. ::Lender may choose to make this refund by reducing the principal
owed under the Note or by making ia direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a parlial p[epayment without any prepayment charge (whether or not a
prepayment charge is provided.for ?~lnder the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will corelli:lute a waiver of any right of action Box:rower might have arising out
of' such overcharge. ~ :
15. Notices. All notices givee hy Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to B~rrower in connection with this Security Instrument shall be deelned to
have been given to Borrower when:mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other mean:;..Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly r{,qUires otherwise. The notice address 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 a procedure for reporting Borrower's
change of address, then Borrower shai!~ only report a change of address through that specified procedure.
There may be only one de~ignated no, lice address under this Security 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 has deSl. gnated another address by notice to Borrower.' Any notice in
connection with this Security Instrumont shall not he deemed to have been given to Lender until actually
received by Lender. If any .n, otice req tired by this Security Instrument is also required under Applicable
Law, the Applicable Law :requireme:~t will satisfy the corresponding requirement under this Security
Instrument.
35327817 8467479/PC
(~i~I~'SA(VVY) (ooo5),o, ~.g~,o o~ ~5 -- Form 3051 1/01
Z06al0wT.010Z~
16. Governing Law; Sever. ability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Sec~'iity Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law ~a!ght explicitly or implicitly allow the parties to agree by contract or it
might he silent, but such silence sl~ti~il not be construed as a prohibition against agreement by contract. In
the event that any provision or cl~:.tise 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.
As used in this Security Ins!mment: (a) words of the masculine gender shall mean and include
corresponding neuter words or wr~rds of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; ~i!nd (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borro~'~¢'er shall he given one copy of the Note and of this Security Instrument.
18. Transfer of the Proper¢i~ or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means amc legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transf~,~:i'red in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of wl~! ch is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Propt.::!ty or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a bene~.c~al interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may req.u!re immediate payment in full of all sums secured by this Security
Instrument. However, this option.' i~ shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises thts optien., Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Sectim[ 45
within which Borrower must pay .!:11 sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiratiox of tbis period, Lender may invoke any remedies permitted by this
Security Instrument without furthe~'~notice or demand on Borrower.
19. Borrower's Right to ti.~instate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to i)~ve enforcement of this Security Instrument discontinued at any tkne
prior to the earliest of: (a) five day:;~ 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.i::i(c) entry of a judgment enforcing this Security Instrmnent. Those
conditions are that Borrower; (a).:i?ays Lender all sums which then would be due under this Secnrity
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses i~eurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, pr~;perty inspection and valuation fees, and other tees incurred fox' the
purpose of protecting Lender's int,~rest in the Property and rights under this Security Instrument; and (d)
takes snch action as Lender may ')i~asonably require to assure that Lender's interest in the Property and
rights under this Security Instrumt:)at, and Borrower's obligation to pay the sums secnred by this Security
. Instrument, shall continue unchani!ied. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the fl?llowing forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasu.rer~s check or cashier's check, provided any such check is drawn upon
an institution whose deposits are i?~sured by a federal agency, instrumentality or entity; or (fl) Electronic
Funds Transfer. Upon reinstateme~!t by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if r:?a acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration ur~i:ter Section 18.
20. Sale of Note; Change o~ Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Secm!ty Instrument) can be sold one or 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 Instrument and performs other mortgage loan
servicing obligations under the N~.Ie, this Security Instrument, and Applicable Law. There also might be
one or more changes of the~Loan ~ ervtc r unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will:be given x;: ritten notice of the change which will state the name and address of the
new Loan Servicer, the address tn which payments should be made and any other information RESPA
: 35327817 8487479/PC
: InitJals~
(~i~I®-{~A(VVY) (0oo5).ol ; Page 11 o, 15 Form 3051 1/01
106allwy,0101r
requires in connection' with a notioi,.' i:~f transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other ~:han the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the I!.bim Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unli~isSi otherwise provided by the Note purchaser.
Neither Borrower nor Lender miay commence, join, or be joined to any judicial action (as either an
individual litigant m' the member, at: a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges ~t~ha:t the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, ~:htil such Borrower or Lender has notified the other party (with such
notice given in compliance with tl~.i~ !:!'equirements of Section 15) of such alleged breach and affm'ded the
other party hereto a reasonable l':e!~iiod after tbe giving .of such notice to take corrective action. If
Applicable Law provides a ti,ne p6riod which must elapse before certain action can be taken, that time
period will be deemed to be reas6m~ble for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrlmi'er pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shail' be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 201 i
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous. Substances" are those
substances defined as toxic or hazard.bus substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kero)iene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, mati~rials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means fe(iiet'al laws and laws of the jurisdiction where the Property is located that
relate to health, safety Or environmental protection; (c) "Environmental Cleannp" includes any response
action, remedial action, or remora! action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition th[~it-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
Substances, or threaten to release a~:,~y Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anyth.~.ng affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Enviromiental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a co::di, tion that adversely affects the value of the Property. The preceding
two sentences shall not apply to !he' presence, use, or storage on the Property of small quantities of
Hazardous Substances that are gee~er~Jly recognized to be appropriate to normal residential uses and to
maintenance of the Property (~nclur~mg, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give'LCmder written notice of (a) any investigation, claim, demand, lawsuit
or other action hy any government;~:l ?r regulatory agency or private party involving the Prope, rty and any
Hazardous Substance or Enviro~m~::~ntal Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including h:~i~t not limited to, any spilling, leaking, discharge, release of threat of
release of any Hazardous Substance,, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adver¥1y affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory;a~!thority, or any private party, tbat any removal or other remediation
of any Hazardous Substance affectir:~'?:he Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with '!Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleam~p.,
Initials:~__~ 35327817 8467479/PC
(~[~I~-BA(VVY) (oOOS).o, Pa,e ,2 of ,S . Form 305'1 '1/0'1
106alZwy.0101r
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies.i Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covehant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unli'.ss Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action requir.~id to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower,..'b=y which the default must be cured; and (d) that failure to cure the
default on or before the date spot¢fied in the notice may result in acceleration of the sums secured by
this Security Instrument and saf,~:iof the Property. The notice shall further inform Borrower of the
right to reinstate after accelerati¢!n and the right to bring a court action to assert the non-existence of
a default or any other defense or'Borrower to acceleration and sale. If the default is not cured on 9r
before the date specified in the n~tice, Lender at its option may require immediate payment in full of
all sums secured by this Securit?:~ Instrument without further demand and may invoke the power of
sale and any other remedies pe[mitted by Applicable Law. Lender shall be entitled to collect all
expenses incurred in pursuing thi~!:remedies provided in this Section 22, including, but not limited to,
reasonable attorneys' fees and c(?s of title evidence.
If Lender invokes the pow&; ~of sale, Lender shall give notice of intent to foreclose to Borrower
and to the person in possessionl of the Property, if different, in accordance with Applicable Law.
Lender shall give notice of the szle to Borrower in the manner provided in Section 15. Lender shall'
publish the notice of sale, and ~!ae Property shall be sold in the manner prescribed by Applica~ble
Law. Lender or its designee may)purchase the Property at any sale. The proceeds of the sale shall be
applied in the foll6wing order:ii (a) to all expenses of the sale, including, but not limited to,
reasonable attorneys' fees; (b) tel~ all sums secured by this Security Instrument; and (c) any excess to
the person or persons legally enti)'led to it.
23. Release. Upon payment' i~.'.~' all sums secured by this Security Instrument, Lender shall release this
Security Instrument. Borrower shi','ll 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 permuted, urn}[er Applicable Law.
24. Waivers. Borrower re[!.ases and waives all rights under and by virtue of the homestead
exemption laws of Wyoming.
,; 35327817 8467479/PC
Inltlals;~
(~-6A(WY) (ooo5)m Page ~3 of ~5 . Form 3051 1/01
106al3wy.0101r
BY SIGNING BELOW, Bor:d:,Wer accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Ri~.:'~::i executed by Borrower and recorded with it.
Witnesses: .,~
j/i,' ..... --,,.'/'~ .-.~----~- - -., ( )
',i e,~l-rH BECKETT ~/k/a Judith J. Beckett~
(Seal)
-Borrower
~-i (Seal) (Sea, I)
. ,~, -Borrower -Borrower
: .... (Seal) (Seal)
!, -Borrower -Borrower
:'.
;:.~__ (Seal) (Seal)
-Borrower -Borrower
35327817 8467479/P0
(~i~e-6A(WY) (ooos).o, P,~]. 44 of ,s , Form 3051 1/01
106al4wy.0101r
STATE OF WYOMING, Teton County ss:
The foregoing instrument wasiacknowledged before me this
by JUDITH BECKETT A/K/A: Judith J. Becke~
My Commission Expires: ~i~'~{~ 8/.3/2005
Notary Public
CATHIE STEPHENS-NOTARY PUBLIC
C~U_ ntyo{ ~ Stateof - ~
~= Teton ~ Wyoming ~
~~_I~_____~MY Commlssloll Expires ~
:, _IX~ 35327817 8467479/PC
~i Initials
(~i~-6A(VVY) (ooo5).Ol ~- Page 15 of 15 .: _ Form 3051 1/01
106al5wy. OlOlr
i:
.sECOND HOME RIDER
THIS SECOND HOME RIDE~'is made this 7th day of s
and is incorporated into and sh,?ll be deemed to amend and supplement ,the Mortgage, Deed
Trust, or Security Deed (the "Se'::~rity Instrument")of the same date given by the undersigned (the
"Borrower" whether there are ~.'.~e or more persons undersigned) to secure Borrower's Note to
PACIFIC REPUBLIC MORTOA4~E CORPORATION
A CALIFORNIA CORPORATIO;~I~
(the "Lender") of the same date ;md covering the Property described in the Security Instrument (the
"Property"), which is located at:
138 PRATER CANYON DRIVE, ~THAY~E, WY 83127
[Property Address]
In addition to the covenants an~[ agreements made in the Security Instrument, Borrower and Lentter
further covenant and agree that Secd0ns S and 8 of tile Security Instrument are deleted and are replaced by
the following:
6. Occupancy. Borrower shal} Occupy, and shall only use, the Property as Borrower's second
home. Borrower shall keep the: Property available for Borrower's exclusive use and enjoyment at
all times, and shall not subj~.~C! the Property to any timesharing or other shared ownership
arrangement or to any rental! pool or agreement that requires Borrower either to rent the
Property or give a management;firm or any other person any control over the occupancy or use
of the Property.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or faile(, to provide Lender with material information) in connection with
the Loan. Material represents;lions include, but are not limited to, representations concerning
Borrower's occupancy of the Doperty as Borrower's second home.
M ULTISTATE SECOND HOME RIDER- 3ingle Family -
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 35327817 8467479/PC Form ~890 1/01
Page I of 2 Initials' (~ i~
(f~d~J~385R (0011) 1365rl.0101r VEt:IP MORTGAGE FORMS - (800)521-7291
BY SIGNING BELOW, Bon'cwer accepts and agrees to the terms and provisions contained in this
Second Itome Rider.
Borrower
Borrower '
Judi['ti. ~ J. Beckett~
"__ (Seal) (Seal)
:~'~' - Borrower - Borrower
:__ (Seal) (Seal)
- Borrower - Borrower
,::__ (Seal) (Seal)
Borrower -- Borrower
(~365R(0011) 1365r2.010~r ~ Page 2 of 2 35327817 8467479/PC Form 3890 1/01