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Home My WebLink About924545 / NOV-10-2006 FlH.02:39 PM TITLE WEST HIGHLAND AU' IS ~ocument is being recorded by lance TItle and Escrow of Wyoming, LLC as a courtesy only, FAX NO, 8017567444 00061.0 Prepared By and Return To: Deseret First Credit UlúDn 147 North 200 We~t Salt Lake City, UT 84103 Attn: Mortgage Department RECEIVED 11/17/2006 at 4:07 PM RECEIVING # 924545 BOOK: 640 PAGE: 610 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Account Number: 154672-1 001 .--.----.- -- Tax Pnrcel Number: N/a MORTGAGE THIS MORTGAGE ("Secwity In¡¡trurnent") is given on Noyember 10,2006. The mortgagor is Noel N, Nelson and Janette Nelson, Trustees of the Nelson Family Trust dated July 1, 2002 ("Borrower"), whose ' post office address is 3947 Dn"lencourt Loop, Lehi, Utah 84043. This Security InstrUment is given to DESERET FffiST CREDIT umON which is organized and ex~sting under the la.ws of the State of Utah, and whose address is 141 North 200 West, SnIt Lal~e City, UT 84103. ' /;1 Borrower owes Lender the principal sum of Six Hund)'ed Seventy Five TholLsand, Five Hundred and NO/I00 Dollars ($675,500.00). This debt is evidenced by Borrower',:> note dated the same date as this Security Instrument ("note"), which pl"Ovides for 1TIonthly payments, with the full debt, if not paid earlier, due and payable on August 15,2001. This Security !n$tnunent secur~s to Lender: (a) the repayment of the debt . :.....evidenced by the Note. with interest, and all renewalli, extensions 'and modifications of the Note; (b) the , payment of all other Sumli. with interest, advanced under parngrap~ 7 :to protect the seCurity of this Security (. Instrum.ent; and ( c) the performance of Borrower's covenants and· agreements under tlús Security Instrnment and the Note, For this purpose. Borrower does hereby mortgagej graþt and convey to Lender the following de~cribed property located in Lincoln County, Wyomb1g. I 1 /, i ._, SEE ATTACHED EXHIBIT 'A' HERETO AND MADE A PART HEREOF. Which has the address of 173 Zella Court, Bedfod, Wyoming 83127 ("property Address"); Together with all the improvc.m1ents noW or hereafter erected on the property, and all easements, appurtenances, and fixtures now or heredter a part ofthe propèrty. All repl f1cements and additions $hall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Inst:rwnent as the "Property." Borrower Covenants that Borrower is lawfully seized of the estate hereby conveyed artd has the right to mortgage, b'iant and convey the :Property and that the Property is unencUmbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, . This Security Instrument combines unifonn covenants for national use and not-uniform CDvenants with limited variatíons by jurisdiction to constitute a unifonn security instrument covering real property, Uniform Covenants Borrower and Lender covenant and agree as follows: 1. Payment of PrincipAl and IntcI'est; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on, the debt evidenced by the Note and any prepayment and late charges duo under the Note, . j1 tt V; initials ()44 pn;¡;;;- P. 02/14 3~1 ! I I I' I ! I. .'. " ¡: I I I \ i ¡, T I I ,. ! ¡ NOV-I0-2006 FRI 02:39 PM TITLE· WEST HIGHLAND 0924545 FAX NO. 8017567444 00061~ p, 03/14 ¡ . 2. Funds for Taxes Ilnd Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are d4e under the Note,untU the Note is paid in full, a sum ("Funds") for: (a) yearly taxes ánd assessments which may attain priority over this Security In:>tru.ment as a lien on the Property; (b) yearly leasebold payments or ground rents on the property, if any; (c) !. yearly hazard or property insurance premiums; (d) yearly flood insurance premiUJI).s, if any; (d) yearly mortgage insurance premiums, if any; and (f) any sums payable to by ÐOJ,Tower to Lenders in accordflIlce with the provisions of paragraph 8, in lieu of the payment ofmortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maxímum amount a lender for a federally related mortgage loan may roquire for Borrowers escrow account under tha federal real estate settlement procedures Act of 1974 as amended tì'om time to time. 12 U.S.C, Section 2601 et seq. ("RESP A"), unle~s another law that appli es to tbe Funds set1:l a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to excoed the le~ser amount. Lender may e:;¡timate the amount of Funds due on the basis of cùITent data. and reasonable estimates of expenditures offuture Escrow Items or otherwise in accordance with applicable law, TIle Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or èntity (including Lender, if Lender is such an institution) or in any Federal Home Loan BanI" Lender shall apply the Funds to pay the Escrow Items. Lendf;:r may not cha.rge Borrower for holding and applying the Funds, annually analyzing the escrow account, 01' verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make IlUch charge. However, Lender may require Borrower to pay a one-time charge for an independent rea.l estate tax reporting service used by Lender in connection with this loan, ucless applicablo law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender'may agree in writing, however, that interest shall be paid on the Funds, Lenders shall give Borrower, without charge, an ßIlllUiÙ accounting of the:: Funds, showing credits and debits to tbe Funds and the purpose for which each dobit to the Funds was made. The Funds are pledged as additional security for a,11 sums secured by this SecurityJnstrument. If the Funds held by Lender excÐed the amounts pennitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any 1in1e is not sufficient to pay the Escrow Items when due, Lender may so ~'. notify Borrower in writing, and, in such case Borrowefshn11 pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the dofichmcy in no more than twelve mortthly paYJI1ents, at Lenderls sole disèretion. . Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any funds held by Lender, If, l.mder paragraph 211 Lender shall Rcquite or sell the Property, Lender, prior to the acquisition or sale of the property, shall apply any Funds held by Lender at the time of acquisition or sale as a crèdit against the sums secured by this Se~uity Instrument. 3, Application pfPayments, Unless applicable law pr~vides otherwise, all payments received by Len.der under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepay1Ile:ntcharges due under the Note; third, to amounts payable und.er paragraph 2; fourth, to interest due; and last, to pril1cipal due. ..?;7 ~ . initia], P Page 2 of9 I. , I I ¡ I· I ) \ / NOV-10-2006 FRI 02:39 PM TITLE WEST HIGHLAND 0924545 FAX NO. 8017567444 000612 4. Charge:s;; Liens, Borrower shall pay all taxes, a~scssmcnts, charges, fincs and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments Or gronnd rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time direct1y to the person owed paym.ent. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If ßon-ower make$ these paYlJ.').ep.ts directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instnunent unless Borrower: (n) agrees in writing to the payment of the obligàtion SCC\lI'cd by the lien in a manner acceptable to Lender: (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement cifthe lien; or (c) secures from the holder of the lien an agreement satisfactory to l.ender subordinating the lien to tlús Security Instrument., If Lender determines that any part of the Property is subject to a lien which may a.ttain priority over this Security Instrument, Lender may give· BotTower a notice identifying the Hen. Borrower shall satisfy the lien or take one or more of the lictions set forth above within 10 days of the giving of notice. . ,5. Hazard or :Property Jn~ùrnnce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included wíthin the term "extended coverage" and any other hazards for wl-rlch Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be choson by Borrower subject to Lender's approval which shall not be unreasonably witbheld. AU insurance policies and renewals shall be acceptable to Lender and shall include astnndard mortgage clause. Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shaU promptly give to Lcnder all receipts of paid premiums and reQ.ewal notices;, In1he event of loss, Borrower shall gÌve prompt notice to the immrance carrier and Lender. Lender may make proof of loss if not made:: promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property d&maged, if the restoration is oconomically feasible and Lender's security is not tessened.Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duo, with any exceSS paid to :BolTOwer, If Bonower abandoris th¡; Property, or does not answer within 30 days a notioe from Lender that the insurance carrier has offered to settle a claim, then Lender may coneet the insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security InstrUment, whether or not then due, Tbe 30-day period will bcgin when the notice is given. Unless Lender and :Borrower otherwise agree in writing, any application ofproa~eds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs], and 2 or change the amount of the payments. Ifullderparagraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums ~ecured by thili Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, establish, lwd Use the Property as Borrower's Principal rosidcnce within sixty days after the execution of this Security Ins1rument and shall continue to occupy the Property as Borrower's principal residence for at least one year åfter the date of occupancy. unless Lender oti".",!,o agree:< in writing, whieh consent sh3.11 not be umeasonably withheld, or ¡¡njes, oxtenuatin!'(M q.' . '. ' initiålS~/ Page 3 of9 p, 04/14 , i j. , I' j I· . , .. i' \; f , ' I , !. [. , I " i \ I i ~-- "'\ NOV-l0-200B FRI 02:40 PM TITLE WEST HIGHLAND 09Z4S4S circumstances exist which are beyond Borrow~r's control. We): shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit Wí!ste on th . Prop erty. Borrower :;;hal1 be in default if any for£:eiturc action or proceeding, whether civil or criminal, is be : I'l that in'Lender's good faith judgment could resùlt in forfeiture of the Property or otherwis~ matcrial1y impair the lien created by this Security Instrument or Lend.er's security interest. Borrower may cure such a default nd reinstate, as provided in paragraph 18, by cal~sing the action or proceeding to be dismi~sed with a ruliI1 r that, in L,ender's good faith determination, precludes forfeituro of the Borrower's interest in the Property 0 other material impairment of the lien created by this Security !nstrument or Lender' 5 security interest. Barra' er shall also be in default if Borrower; during the loan application process, gave materially false or inaccurate' "nfolmation or statem(m.ts to Lender (or failed to provide Lender with any material information) in connection ilh the loan evidenced by the Note~ including, but not limíted to, representations concerning Borrower's ocC'up~ cy oflhe Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall CO] ply with aU tho provisions of the lease. If Borrower acquires fee title to the'Property, leasehold and the fe title shall not merge 'unless Lender agrees to ~e merger in writing. 1. Protection of Lender's Rights in the Property.: If Borrower fails to perfoml the covenants and ngreements contained in tlùs Security Instrument, or there is a legal proceeding that nlay significantly affect Lender's rights in the Property (such fll> a proceeding in bankru tcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then LMdor may do and pay f6. whatever is necessary to protect the value of the Property and Lender's rights in the Property, -Lender's a.cti· ns may include paying any sums secured by a lien which hIlS priority over this Security Ins1rUment, appearing n court, paying reasonable attorney's fees and entering on the Prop~rty to make repairs. Although Lender may alee action under this paragraph 7, Lender doos not have to do so.' FAX NO. 8017567444 00061.3 p, 05/14 Arty amounts disbursed by Lender under this paragrap 7 shall become additional debt of Borrower seC\.ITed by this Security .Instrument. Unless Borrower and. 1:. nder agree to other terms of payment, these amounts shall bearw.terest wm the date of disbm:son~c:nt at th Note rate and shaH be payable, with interest, upon notice ftom Lender to Borrower reqnesting paytIlent. 8. Mortgage Insurnnce. If Lender required mortg. ge insura.nce as a condition ofmaldng the loan secured by this Security Instrument, Borrower shall pay the p emiums required to JIlaintain the insurance in effect. If, for any reason, the mortgage i.nsurance covera.ge req ired by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage su litantiallyequivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower bf the mortgage insurlUlce previously in effect, from an alternate mortgage insurer app :ovcd by Lwder. If substantially equivalent mortgage Ù1.Surance coverage is not available, Borrower shall ay to Lender each month a sum equal to one~ twelfth of the yearly mortgage insurance premium being paid b, Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain thes · payments as a loss reserve in lieu of mortgage insurance. Loss reserve pay¡;nents may no longer be required~ at the option of Lender, jf mortgage payments may nO longer be required, at the option of Lender, if mortgag: insurance coverage (in the amount and for the period that Lender required) provided by an insurer apprav' d by Lender again becomes available and is obtained. Borrower shall pay the premiums required to mainta n mortgage insurance in effect, or to provide a loss reserve, until the requirement for the mortgage insurance' 'nds in accordance with any written agreement botwoOD. Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make r: asonable entries upon and inspections of the Property. Lender shall give Borrower IlOtice at the time of or p lor to an inspection spocifying reasonable cause forthem.pectio)). . . ~. h'~. inijials ~7 Page 4 of9 \ 1. I NOV-10-2006 FRI 02:40 PM TITLE WEST HIGHLAND FAX NO, 8017567444 p, 06/14 I 000614 I i ,. I I i .. (1. or::. ,15 '" ~ O;;j"'~~ ~.:J . . , i award or cl¡Úm for damages, direct or consequential, f any pn1t of the Property, or for conveyance in lieu of Lender. I , In the event of a total taking of the Property, . e procee~s shall be applied to the sums secured by this Security Instrument, whether or not then du.e, with an, excelisaid to BO)."I'ower, In tho ovent of a partial taking of the Property in wruch the fair market value of t1 Prope immediately before the taking is equal to or greater than the amount of the sums secured by this. ecurity In trument immediately before the taking, unless Borrower and Lender otherwise:; agr~o i.n writing, the . ~s secu~~d by this Security Instrument shall be reduced by the amount of the proceeds multipl1ed by the foll wmg rracf10n: (a) the total amount of the sums ~ecured immediately before the taking, divided by (b) the fI ir market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In tll. event Of,'\ partial taking ofthe Property in whichthe fair market value of the Property immediately before ' e talang is less than the amount of tho sums secured immediately before the taking, unless Borrower and lender othfrwise agroo in writing or unles$ applicable law otherwise provides, the proceeds shall be applied to sums secured by this Security Instrument whether or 110t the sums are th.(;:D due, I 10. Condenmation. The procoods of an inconnection with any condemnation or other taking condemnation, are hereby assigned and shall be paid t( , If the Property is aba.ndoned by Borrower, or f, after nobce by Lender to Bon-ower that the condemnor offers to make an a.ward or settle a claim for damage Borrowet fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized t collect ~l1d apply the proceeds, at its option, either to restoration or repair oft11e Property odo the sums sec red by thV' Security Instrument, whet~er or not then due. I Unless Lender and Borrower otherwise agree in wrìtin~, aJ.1Y application of proceeds to principal shall not extend or postpone the due date of the monthly ayments ~eferred to in paragraphs 1 and 2 or cMilge the amount of such payments. ! 11. . Borrower Not RcJeascd; Forbearan e By Lc4der Not a Waiver. Extension of the time of payment-or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not op ate to re~ease the liability of the original Borrower or Borrower's /iuccessors in intC'rcl3t, Lender shall not b required to commenoe prOóeedings against any successor in interðst or refuse to· extend time for payment or 0 erwise rrjodify amortization of the s~uns secured by this Security Instrumellt by reason of any demand mad by the Cþriginal Borrower or Borrower's successors in interest. Any forbeara.nce by Lender in exercising right or !remedy shall not be a waiver of or preclude the exercise of any right or remedy. I I 12. SuccCIUwrs and Assigns Bound; Joir t and Sc~crnl Liability; Cosigners. The covenant/> and agreements of this Security Instrumentsha11 bind and benefit the successors and assigns of Lender and Bonowers, subject to the provisiollS of paragraph 17 Borrowejr's covr:nants and agi.-eements shall be joint and several, Any borrower who co-signs this Security '1roment qut does not execute the Note: (a) is co~signing this Security Instrument only to mortgage, grant and convey th~t BOn'ower's interest in the Property under the terms of this Security Instrument; (b) is not perso.. lly oblig~ted to pay the sutn~ secured by this Security Instrument; nnd (c) agrees that Lender and anyothe¡ Borrowet¡ may agree to extend, modifY, forbear or make nny accommodations with regard to the term of this Security l1:J.strumel1t or 1he Note without that BOlTower's consent. I I 13, LOSln Charges. If the lOà11 secured by llS Sec~ty Instrument is subject to a law which sets maximum loan charges, and that law is finally intorpr -ted so th~ the interest or other loan ch&rges collected or to be collected I connection with the loan exceed the] crmitted lImits, then: (a) any such 10an charge shall be reduced by the Iill'lount necessary to œduce the charg to the per¡:nitted limit; and (b) any sums alrea~y 1 cted : initials i . . :rag f / I . . 0, j ~-- -..:..:~ ~~ NOV-10-2006 FRI 02:41 PM TITLE WEST HIGHLAND 0924545 FAX NO, 8017567444 0006.15 P. 07/14 I I I from Borrower which exceeded permitted limits wìll b ,refunded ;to Borrower. Lel~der may choose to malce this refund by reducing the principal owed under the Note ( r by makiµg a ~irect payment to Borrower. If a refund reduces princip:ù, the reduction will be treated as a p . al prepaytnent without any prepayment charge under the Note, I . i 14. Notices, Any notice to Borrower provÍl ed for in tþìs Security Ins.trumènt shall be given by delivering it or by mailing it by .first class mail unless plicable ~ßw requires use of another ll1ethod. The notice shall be directed to the Property Address or allY ther addrpss Borrower designates by notice to Lender. Á:I.1y notice to Lender shall be give by first class mail t/ Lender's ¡«ddress :;ta.ted herein or any other address Lender designated by notice to Borrower, Any notice: rovided fv;¡r in this Security Instrument shall be deemed to have been given to Borrower or Lender when given .s providep in this paragraph, I . I 15~ Governing Law; Severability. This S curity Insfrument shall be governed by federa.llaw and the law of the jurisdiction:in which the Property is loc~ ted, In th~ event that any provision or clause of this Security Instrument or the Note. conflicts with a.pplica~ Ie law, su~h cont1ict shall not affect other provisions of tbe Security Inatrurnent and the Note which can be giv 'n effect 'Yithout the conflicting provision. To this end the provision of this Security Instl1lment and the Note e declBr,cI to be·severable. 16. Borrower's Copy. Borrower shall be 'ven ont: <}onfonned copy of the Note and of this . Security Instrument. I 11. Transfers of the Property or a Ben(! ial Interist in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or i: a beneflq~ù interest in Borrower is sold or transferred and Borrower is not a. natural person) without Lender' prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this ecurity I:qstrument. However, this option shall not be èXerc~sed b~ Len~er if exercise is p~ohibitcd by fede~ law as o~ the. date ~f this ~ecurity Ins~ent. l,f Lender exerCIses tll1S0ptl0n, Lender shall glve Borrower notl ·e of accelçr.atlOn. '1 he notlOe shall provIde a pertod of not less than 30 days from the date the notice is deliv ed or mai}ed within which Bon;ower must pay aU smns secured by this Security Instrument. If Borrower fails to pay theFl: sums prior to the expiration of this period. Lender may: invoke any remedies permitted by this Se urity Inst¡u¡nent without further notice or demand on Borrower. . I . I 18, Borrower's Right to Reinstate. If B We! meets certain conditions. bOlTower shall have the right to have onforCOIIlèl1t of this Security Instrument iScol1tinufd at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify fi r reinstate\nent) before sale of the Property pursuant to a.y power ofsale contained in this Security Instrun1ent; 0 (b) entry pfajudglnent enforciug tIllS Socurity Instnmlent. Those conditions are that Borrower: (a) ays Lendf all sums which then would be due under this Security Instrornent apd the Note as if nO acceleration had occurfed~ (b) cures any default of any other covenants or agreements; (c) pays all eJqJenscs incurr d in enforpíng t1llS Security Instrument, including1 but not limited to. reasonable attorney's fees; and (d) tEJ.kes s h action ~s Lender may reasonably require to assure that the lien of this Security Instrument, Lender1nights in the Propetty and Borrower's obligations to pay the sums secured by this Security Instrument shall continue un hanged. l~pon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall r main full}'! effective as if 0 acceleration ha.d OCÇUfJ:~d. However, this right to reim¡ta.te shall not apply in the ,Me of acc~leration under paragraph 17. . I 19. Sale of Note; Change of Loan Servic r. The Npte or a partial, interest in the Note -(together with this Security Ins1rument) may be sold one or mo. e times w~thout prior notice to BOITDwer. A sale may result in a. change in the entity OcnOW).l as the "Loan S Meer") tþat collects monthly payments doe under the Note and this Security Instrument. There also may b one or m?re changes of the Loan Servicer WU"elated to a sale of the Note. If there is a change of the Loan Sen icer, Borrc¡¡wer will be given wrírten notice Of~l . ! initials Þ? 7: I '. Page 6 f 9 .? .,', I. ,. ,. " .. " ~ . , ,. . I I . I I \ / NOV-10-2006 FRI 02:41 PM TITLE WEST HIGHLAND II FAX NO. 8017567444 000616 09'24545 in accordance wìth paragraph] 4 above and a.pplicable llW. The notice will state the name and address of the new Loan Servicê.'T and the address to which payments ~ )ould be If1~de. , The notice will also contain any other infoTInation required by applicable law. ~' 20. Hazardous Substances. Botr6wer shall not caùse¡or pennit the presence, use, disposal, stor¡~ge, or release of any Hazardous Substances on or in the Pro erty, Borrower shaH not do, nor allow anyon~ else to , do, anything affecting the Property that is in violation o. any Environmental Law. The preceding two sentences shall not a.pply to the presence, use, or storage on the PI perty of ~rnall quantities of Hazardous Substances that ,are genèrally reco gnized to be appropriate to normal re' idential u~es and to maintenance of the Property , BOITower shall promptly give Lender written no ice of an~ investigation, claim demand, lawsuit or other actjon by any governmental or regulatory agency or pri ate party }rn-:olving the Property and any Hazardous Substance of Environmontal Law of which BoITOwer h s actual kJftowledge, If Borrower learns, or is notified by iIlJ.Y governmental or regulatory authority, that any r, oval or pther remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall pro lptly take [1 necessary remedial actions in accordance with Environmental Law. As used in this pl'l1'agraph 20, "Iia:z;ardo\ls Subst ¡COs" Me those substances defined as toxic or hazardous substances by Environmental Law and the tì llowing s~bstancés: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbie' des, vohdile solvents, materials contaÍlling asbestos or fonnaldehyde, and radioactive materia.ls. As used in· s paragra~h 20, uEnvironmentalLaw" means federal laws and laws of the jurisdiction where the Property is ocatl;Jd tha¡t relate to health, safety or environmental. protection. NON-UNIFORM COVENANTS. Borrower nd Lender¡ further covenant and agree as follows: ! 21. Acceleration; Remedies. Lender shall 'vo notici to Borrower prior to acceleration following BOITower's breaoh of any covenant or agreement in tbi. Security plstrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise. The not,oe shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 ays from ¡the date the notice is given to Borrower, by which the default must be cured; and Cd) that failure to ure tho dqlfault on or before tho dato specified in the notice mayre$Ult in. acceleration of the sums secured b this SeCl¢ty Instrument, foreclosure by judicial proéeeding and sale of the Property. The notice shall er infopn Borrower of the right to reinstate after acco1eration and the right to assert in the foreclosure pr' ceeding tþe nonèxistence ofa defaulr Or any other defonse of BOlT ower to. acceleration, and foreclosure, I the defau}t is not cured on or before the date specified in the notice, Lender. at its option, may require u11l11edi' ta pay:r.ne'tt in full of all sums secured by this Security Instrument without further demand and may foreclo~e ~is Security Instrument by Judicial Proceeding. Lender shall be entitled to collect all expenses incurred in pUTS ing the nimedies provided in this paragraph 21, including, but not linlited to, n~asonable attorney's fees and costs !of Htlc evidence. 22. Re]0asc. Upon payment of all sums se Jred by thts Security Instrument, Lend~ shall release this Security Instrument. BOlTower shall pay any relea Ie and rec6rdation costs. , I I . , 23. Attorney's Fees. As used in this Secur ty In¡;truu:¡.ent and the Note, "attorneys' focs" shall include any attorneys' fees awarded by an appellate co ).It. i Þ'7 Þ/7 Initial. ~ .! Pago 7 of9 p, 08/14 I i' I , I' ... .j' , i, " 1· , " '.' '. !: " \..~-----'- . ~; ; NOV-10-2006 FRI 02:41 PM TITLE WEST HIGHLAND FAX NO, 8017587444 p, 09/14 0924545 C006:17 I 24, Ri.dc~s to ~his Se~Ui'ity Instrument. T.' one Or m1re riders are executed by B~LTower and recorded together wIth th1s Secunty Instrument, the co 'enants an~l agreements of éach such nder sha1l be incorpora.ted into and shall amend and supplemellt the . 'ovenants ¡and agreements of this Security Instrument as if the rid~r(s) were a. part of this Security Instrument. ,. [Check applicable box(es)] i . [ ] Adjustable Rate Rider [ ] Condominlu. Rider I [ ] Graduated Payment Rider [ ] Planned UnÍ Develop*um.t [ ] Balloon Rider Rider ¡ . [ ] V.A. Rider [ ] Rate Improv ent Ri1t;r [ 1 Other(s) [sp cify] I BY SIGNING BELOW, Borrower accept:sand agree to the t:11S and covenants contained in this Security Instrumont and in any rider(s) executed by Borrower a: 1d rccord9d with it. I i I ~ . P)~t1-4~ N el N. Nei~on, individually an.d as Trustee, of the Nelson Family Trust, under trust inlltrument dated July 1, 2Q02 I I I I· I I [ ] 1-4 Fnmily Rider [ ] Biweekly Payment Rider [ ] Second Home Rider I ¡. I I, i. J, Ne on, indivjdu~lly and as Trustee, of the Nelson Family Tru.st, under trust instrument dated J . Y 1, 21)02 UT4H I STATEOF~g I COUNTY OFhmcom UTf\-H i I r HEREBY CERTIFY that on this day, before me, an officer 4lY authorized in the State aforesaid and the County aforesaid to take aclmowledgements, personal y appeared Noel N. Nelson and Janette Nelson, Trnstees of tbe Nelson Falpily Tr~.t.d.at.ed· ly 1, 002, to mt known to be the person(s) described in or who haslhave produced 1J/W1lJ.(]. . as dentificat]on and who executed the foregoing instrument and he/she/they ackn ledge b orc me that helshelt . ey execut,d the same, ì WITNESS my hand and officio! ,eal in the County !If d State Ii aforesaid tlús lOth day of N <wember, 2006. i I '. .(~ VICKIE DEGRAFFENRIED l"~"'.-··'{). NOTARY PUBLIC' STATE of UTAH 1:( í''RJ ¡;¡ 3601 NORTH UNIVERSITY AVE S1£ 100 \':.~\ .. i~!i¡. PROVO UT 64604 '.:~~;:;;.. COMM. EXP. 08/15/07 otary Public y Com.m~ssion Expires: I I I Page 8 of9 . -. ,. '. // NOV-10-2006 FRI 02:41 PM TITLE WEST HIGHLAND 0924545 E FAX NO, 8017567444 I , l P, 10/14 00061.8 I I I I I,' I i ,-- ¡., I. I \ i,' I I j' i I i I I Lot 69 of Fertile Acres Third Filing) Lincoln C unty, Wyoming as described on the official plat filed on May 17, 2005 as instrument No, 908484 of the records fthe Lmcoln County Clerk. Parcel Number: N/a ¡ , i ! - I- I ;. I I- i, ¡. 'I' I ì i Pa.ge 9 of9