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After Recording Return To:
JACKSON STATE BANK
112 CENTER STREET/P.O. BOX 1788
JACKSON, WYOMING 83001
Loan No: 8 2 5 1 9 0 3
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RECF.:IVED
UNCOLN COUNTY CLE.RK
814035
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KEMMEHER WYOMlriG
BOOK 4671 PR PAGE
MORTGAGE
[Space Above This Line For Recording Data]
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. Certains rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Agreement" means this document, which is dated J un e 20. 2001
together with all Riders to this document.
(B) "Borrower" is Cecile E. Brown. A Single Woman and Blair Iden. A Single Man. as joint tenants
with full rights of survivorship
Borrower is the mortgagor under this Security Agreement.
(C) "Lender" is THE JACKSON STATE BANK . Lender is a State Bank organized and
existing under the laws of the State of Wyoming.
Lender's address is 112 Center St., P.O. Box 1788, Jackson, Wyoming 83001. Lender is the mortgagee
under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated June 20. 2001
The Note states that Borrower owes Lender For t y F i veT h 0 usa n d 0 0 1 1 a r s
and n 0 / 1 -0 0
Dollars (US $ 4 5 . 0 0 0 _ 0 0 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full no later than J u ~ y 1. 2 0 1 6
(E) "Property" means the property that is described below under the heading "Transfer of
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 Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check box as applicable]:
D Adjustable Rate Rider
D Balloon Rider
D 1 ~4 Family Rider
D Condominium Rider
D Planned Unit Development Rider
D Biweekly Payment Rider
D Second Home Rider
DOther(s)[specify]
WYOMING--SINGLE FAMIL Y--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 1 o( 16 pages)
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(H) "Applicable Law" means all controlling applicable federal,state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
final, non-appealable judicial 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 condominium 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 50 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 transfers, 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 coverages described in
Section 5) for; (i) 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
omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or
default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 use ss2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same 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" under RESPA.
(P) "Successor In Interest of Borrower" "means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, 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 hereby mortgage, grant and
convey to Lender and Lender's successors and assigns, with power of sale, the following described
WYOMING-SINGLE FAMIL V-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101
(pag92 of 16 pag9s)
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property located in the County of L i n c 0 1 n
Beg inn i n g 9 rod sEa s t 0 f the Sou t h w est Cor n e r 0 f Lot 3. B 1 0 c k
19 of the Afton Townsite. Lincoln County. Wyoming. and runn'ing
thence North 11 1/4 rods: thence East 3 rods: thence South 11
1/4 rods: thence West 3 rods to the point of beginning.
which currently has the address of
Afton
[City]
7 3 W est 5 t h A v e n u e
[Street]
, Wyoming 8 3 1 1 0
[Zip Code]
TOGETHER WITH all improvements now or hereafter erected on the property, and all,
easements, appurtenances, and fixtures now or hereafter a part of tne property. All replacements and
additions shall be covered by this Security Instrument. All of the foregoing, is referred to in this
Security Instrument as "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,
except for encumbrances of record. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
real property.
UNIFORM COVENANTS. Borrower and 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 US currency. However, if any check or other instrument received by Lender as payment
under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any
and all subsequent payments due under the Note and this Security 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 such check is drawn upon an
WYOMING--SINGLE FAMIL Yo-Fannie MaelFredle Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 3 of 16 pages)
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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 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 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 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 Borrower makes payment to bring the Loan current. If Borrower does not do so within a
reasonable period 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 Bo'rrower 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 and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority: (a)
interest due under the Note; (b) principal due under the Note; (c) amounts 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 may apply
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 is
applied to the full payment of one or more Periodic Payments, such excess may be applied to any late
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as
described in the Note.
Any application of payments, insurance 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. Borrower shall pay to Lender on 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 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 insurance required by Lender under
Section 5; and (d) Mortgage Insurance Premiums in accordance with the provisions of Section 10.
These items are called "Escrow Items." At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, if any, be
WYOMING--SINGLE FAMIL Yo-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 4 01 16 pages)
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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 Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any
and 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 due for any Escrow Items for
which payment of Funds has been waived by Lender and, if Lender requires shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require. Borrower's
obligation to make such payments and to provide receipts 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 Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section
3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender
to apply the Funds at the time specified under RESPA, and (b) not to exceed 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 otherwise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (includin~ lender, if Lender is an institution whose deposits are so insured) or
in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than
the time specified under RESPA. Lender shall not charge Borrower for holding and applying the
Funds, annually analyzing the escrow account, or verifying the 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 writing or Applicable 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
agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds 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 sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
WYOMING--SINGLE FAMIL V--Fannle MaeIFreddle Mac UNIFORM INSTRUMENT Form 3051 1101
(page 5 of 16 pages)
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4. Charges; liens. Borrower shall pay alf taxes, assessments, charges, fines and impositions
attributable to the Property which can attain priority over this Security 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 them in the manner
provided in Section 3.
. Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower: (a) agrees in writing fa the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (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
agreement satisfactory to lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on
,which that notice is given, Borrower 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 for a real estate tax verification and/or
reporting service used by lender in connection with this Loan.
5. Property Insurance. Borrower shalf 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 in the amounts (including deductible
levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's right to disapprove Borrwer'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 tracking services; or
(b) a one-time charge for flood zone and certification services and _subsequent charges each time
remappings or similar charges occur which reasonably might affect such determination 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 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 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 provide greater or lesser coverage than was
previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts
disbursed 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.
WYOMING-SINGLE FAMILY--Fannie MaelFredle Mac UNIFORM INSTRUMENT Form 3051 1101
(page 6 of 16 pages)
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All 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 mortgagee clause, and shall name
Lender as mortgagee and/or as an additional loss payee. Lender shall have the right 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 coverage,
not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall
include a 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 the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and BorrQwer
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of Property, if the restoration or repair is
economically feasible and Lender's security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such insurance proceeds until Lender has had an
opportunity to inspect such Property to ensure work has been completed to Lender'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
completed. 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 proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the 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
shall be applied to the sums secured by this Security Instrument, whether or not then due, with 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 Borrower does not respond within 30 days to a notice from
Lender that the insurance carrier has offered to settle a claim, the Lender may negotiate and settle the
claim. The 3D-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) Borrower'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 refund 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
either to repair or restore the Property or to pay amounts unpaid under the Note 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 residence for at least one .year after the date of
occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
WVOMING--SINGLE FAMIL V-Fannie MaeIFreddle Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 7 of 16 pages)
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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 the taking of, the Property,
Borrower shall be responsible for repairing or restoring the Property only if Lender has rrleased
proceeds for such purposes. 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. If the insurance or
condemnation 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 improvements 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 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 materially 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 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 Rights 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 interest in the
Property and/or rights under this Security Instrument (such as proceeding in bankruptcy, probate, for
condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
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
Property 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 attorney's fees to protect its interest in the Property
and/or rights under 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 oft 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
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. -
WYOMING-SINGLE FAMILY-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3051 1101
(P8ge 8 of 16 pages)
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If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of
the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or
terminate or cancel the ground lease. Borrower shall not, without the express written consent of
Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold
and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,
for any reason, the Mortgage Insurance coverage required by lender ceases to be available from 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 pay the
premiums required. to obtain coverage substantially equivalent to the Mortgage Insurance previously
in effect, at a cost substantially equivalent to the cost to Borrower of the Mortage Insurance previously
in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage
Insurance is not available, Borrower shall continue to 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-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable notwithstanding the fact that the Loan is ultimately paid in
full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.
Lender can no longer require loss reserve payments if Mortgage Insurance 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 toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in
effect, or 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 required 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 risk or reduce losses. These
agreements are 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 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 affiliate of any of the foregoing, may receive (directly or indirectly)
amounts that derive from (or might be oharaoterized as) a portion of Borrower's payments for
Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk in exchange for
a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance."
Further:
"
WYOMING-SINGLE FAMILY-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 9 of 16 pages)
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(a) Any such agreements will not effect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the
amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(b) Any such agreements will not affect the rights Borrower has~if any~ with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may include the right to_receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged. such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, if the restoration or repair is economically feasible and Lender's security is not
lessened. During such repair and restoration period, Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if
any, paid to Borrower. Such Miscellaneous Proceeds shall 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 Miscellaneous
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 taking, destruction, or loss in value of the Property in which the fair
market value of the Property immediately before partial taking, destruction, or loss in value is equal to
or greater than the amount of the sums secured by this Security Instrument immediately before the
partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the partial taking, destruction, or loss in value divided by (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 fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for
WVOMING.-SINGLE FAMIL V-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3051 1/01
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damages, Borrower fails to respond to Lender, within 30 days after the date the notice is given,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of
the Property or to the sums secured by this Security Instrument, whether or not the due. "Opposing
Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom
Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that,
in Lender's judgment, could result in forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a
default an, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or
proceeding to be dismissed witf1 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 Security
Instrument. The proceeds of any award or claim for damages that are attributable to the impairment
of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall
be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time
for payment or modification of amortization of the sums secured by this Security Instrument granted
by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the
liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to
commence proceedings against any Successor in Interest of Borrower 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 Interest of Borrower. Any
forbearance by Lender in exercising any right 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 due, shall not be a waiver of or preclude the exercise of any right 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 pay 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 accomodations 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 Security ,Instrument in writing, and is approved by Lender, shall
obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be
released from 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 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, attorney's fees, property inspection and
valuation fees. In regard to any other fees, the absence of express authority in this Security
WYOMING-SINGLE FAMIL Y--Fannle Mae/FreddIe Mac UNIFORM INSTRUMENT Form 3051 1101
(pape 11 of 16 pages)
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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 fees 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 in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducinQ the
principal owed under the Note or by making a direct payment to Borrower. If a refund reduces the
principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of such
refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower
might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall
be deemed to have been to Borrower when mailed by first class mail or when actually delivered to
Borrower's notice address if sent by other means, Notice to anyone Borrower shall constitute notice
to all Borrowers unless Applicable Law expressly requires 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 shall only report a change of
address through that specified procedure. There may be only one designated notice address under
this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by
mailing it by first class mail to LE~"der's address stated herein unless Lender has designated another
address by notice to Borrower. Any notice in connection with this Security Instrument shall not be
deemed to have 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 corresponding requirement under this Security Instrument.
16. Governing Law; Severability; 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 Security Instrument are subject to any 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 prohibition against agreement by
contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with
Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision.
As used in this Security Instrument: (8) words of the masculine gender shall mean and include
corresponding neuter word or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; 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.
WYOMING--SINGlE FAMllY..Fannle MaelFreddle Mac UNIFORM INSTRUMENT Form 3051 1101
(page 12 o( 16 pageS)
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18. Transfer of the Property or a Beneficial Interest in Borrower. As usedin this Section
18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for 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 of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender jf such exercise is
prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section 15 within which Borro~er must pay all sums secured by this Security Instrument. If Borrower
fails to pay these sums prior to the expiration of this period, lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
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 all sums which then would be due
under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default
of any other covenants and agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including but not limited to, reasonable attorneys' fees, property inspection and valuation
fees, and other fees incurred for the purpose of protecting Lender's interest In the Property and rights
under this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses in one or more if the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower,
this Security Instrument 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 Servicerj Notice of Grievance. The Note or a partial
interest in the Note (together with this Security 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 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 will state
the name and address of the new Loan Servicer, the address to which payments should be made and
any other information RESPA requires in connection with a notice of transfer of servicing.
WYOMING--SINGLE FAMILY--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 130116 pages)
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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 to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise prov,ided by the Note 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 other party's actions pursuant to
this Security Instrument or that alleges that the other party has breached any provision of, or any duty
owed by reason of, this Security Instrument, until such Borrower or lender has notified the other party
(with such notice given in compliance with the requirements of Section 15) of such alleged breach ,and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective
action. If Applicable Law provides a time period which must lapse before certain action can be taken,
that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardo,us 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 herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials; (b) "Environmental 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 Substances, or threaten to release any Hazardous Substance, 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
the value of 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) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (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
Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private
party, that any removal or other !emediation of any Hazardous Substance affecting the 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
Cleanup.
WYOMING-SINGLE FAMILY-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3051 1101
(psge 14 of/6 pages)
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NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to accleration 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 cured; 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 sale 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 sale. 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
Instrument without further demand and may invoke the power of sale and any other remedies
permitted by Applicable law. lender shall be entitled to collect all expenses incurred In
pursuing the remedies provided in Section 22, including, but not limited to, reasonable
attorney's fees and costs if title evidence.
If lender invokes the power of sale, lender shall give notice of intent to f9recloseto -
Borrower and to the person in possession of the Property, if different, in' accordance with
Applicable law. lender shall give notice of the sale to Borrower in the manner provided In
Section 15. lender shall publish the notice of sale, and the Property shall be ~old in the manner
prescribed by Applicable law. lender or Its designee may purchase the Pr6,perty at any sale.
The proceeds of the sale shall be applied in the following order: (a) to all exp~nses of the sale,
including, but not limited to, reasonable attorney's fees; (b) to all sums secured',by:this Security
, Instrument; and (c) any excess to the person or persons legally entitled to It. .'-..;- " '.
.23. Release. Upon payment of all sums secured by this Security Instrument, Lender s'fiafl
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 release and waives all rights under and by virtue of the homestead
exemption laws of Wyoming.
WYOMING-SINGLE FAMIL Y."Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 15 of 16 pagEls)
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Security Instrument and in any Rider executed by Borrower and recorded with it.
CJ;.iJJ 6 ~ (Seal)
C e c i 1 e E. B row n -Borrower,
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(Seal)
-Borrower
B 1 air Ide n
[Space Below This Line For Acknowledgment]
STATE OF WYOMING,
TETON
County ss:
The foregoing instrument was acknowledged before me this
06/20/01
(date)
by C e c i 1 e E, B row n and B 1 air Ide n
(person acknowledging)
My Commission Expires: q~, () - 0
WYOMING-SINGLE FAMILY--Fannle MaelFreddle Mac UNIFORM INSTRUMENT Form 3051 1/01
(page 160(16 pages)
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