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INDYMAC BANK, F.S.B., C/O DOCUMENT
MANAGEMENT
{Company Name]
RECEIVED 11/26/2007 at 2:51 PM
RECEIVING # 935133
BOOK: 679 PAGE: 570
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
{Name of Natural Person]
BLDG B, 901 E 104TH ST, SUITE 400/500
{Street Address]
000570
KANSAS CITY, MO 64131
~U¡'\1l, -Tù
NATIONS LENDING SERVICES
9801 LEGLER RD.
LENEXA, KS 66219
{City, State Zip Code]
{Space Above This Line For Recording Data]
OPEN-END MORTGAGE
Secondary Lien
(Securing Future Advances) 01 tV L )~ ~ a-t
Borrower has established a line of credit ("Home Equity Line of Credif') with Lender as evidenced by Borrower's
Home Equity Line of Credit Agreement and Promissory Note dated the same date as this Security Instrument, and
all renewals, extensions, modifications, replacements and substitutions thereof (collectively, the "Agreement").
Lender has agreed to make advances to Borrower under the terms of the Agreement. Such advances shall be of a
revolving nature and may be made, repaid and remade fÌ"om time to time. Borrower and Lender contemplate a series
of advances to be secured by this Security Instrument. The total outstanding principal balance owing at anyone time
under the Agreement (not including charges and collection costs which may be owing fÌ"om time to time) shall not
exceed thirty five thousand and NO/I00ths
(U.S. $ 35,000.00 ) plus interest thereon (the "Credit Limit"). That sum is referred to in the Agreement
as the Credit Limit. The entire indebtedness under the Agreement, if not paid earlier, is due and payable on
December 15, 2027 or on such later date as may be permitted by Lender in writing, or at such
earlier date in the event such indebtedness is accelerated in accordance with the terms of the Agreement and/or this
Security Ins1rument.
{?(
DEFINITIONS
Words used in multiple sections of this Security Instrument are defined below and other words are defined
in Sections 3, 10, 12, 17, 19, and 20. Certain rules regarding the usage of words used in this Security Instrument are
also provided in Section 15.
(A) "Security Instrument" means this Open-End Mortgage, which is dated NoVEÐ1ber 15, 2007
together with all Riders to this document.
Loan No: 128498444
Wyoming Open-End Mortgage - Secondary Lien
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(B) "Borrower" is JARED IAKE AND STEPHANI IAKE HUSBAND AND WIFE AS JOINI'
TENANl'S BY THE ENTIRRl'lliS
000571.
, Borrower is the mortgagor under this Secwity Instrument.
(C) "Lender" is IND~ Bz.\NK, F .S.B., A FEDERALLY CHARTERED SAVINGS Bz.\NK
Lender is a Federal Savings Bank organized and existing under the laws of
United states of AIœrica . Lender's address is 155 OORIH IAKE AVENUE, PASADENA, CA
91101
Lender is the mortgagee under this Secwity Instrument.
(D) "Agreement" means the Home Equity Line of Credit Agreement and Promissory Note signed by Borrower
and dated Novanber 15, 2007 . The Agreement states Lender bas agreed to make advances to
Borrower under the terms of the Agreement, such advances to be of a revolving nature. The total outstanding
principal balance owing at anyone time under the Agreement (not including charges and collection costs which may
be owing from time to time under the Agreement) not to exceed the Credit Limit of thirty five thousand
and OO/100ths Dollars (U.S. $ 35,000.00 )
plus interest. Borrower has promised to pay the total outstanding balance in Periodic Payments and to pay the entire
debt in full not later than Decanber 15, 2027
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Account" means the debt evidenced by the Agreement, plus interest, any other charges due under the
Agreement, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Secwity 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 Home Improvement Rider
D Other(s) {specify]
D Condominium Rider
D Planned Unit Development Rider
D Revocable Trust Rider
D Second Home Rider
D Biweekly Payment Rider
(H) "Applicable Law" means all controlling applicable federa~ 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 so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
Loan No: 128498444
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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.
000572
(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 ot; the Property; (ii) condemnation or other taking of all or any part of the Property; (iü) conveyance
in lieu of condemnation; or (iv) misrepresentations ot; 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
Agreement and the Account.
(N) "Periodic Payment" means the amount due from Borrower to Lender each month for (i) principal and/or
interest under the Agreement, and all late charges and other charges provided herein or authorized by the
Agreement, plus (ü) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 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, "RESP A" refers to the escrow account requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Agreement and the Account do not qualify as a "federally related
mortgage loan" under RESP A.
(P) "Successor in Interest of Borrower" meaus any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Agreement and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (a) the prompt repayment of the Account evidenced by the Agreement,
and all renewals, extensions and modifications of the Agreement, with interest thereon at the rate provided in the
Agreement; (b) the payment of all other sums due under the Agreement, with interest thereon at the rate provided in
the Agreement, (i) advanced to protect the security of this Security Instrument, (ü) incurred by Lender in connection
with the enforcement of its rights under this Security Instrument and/or the Agreement, and/or (iü) required to be paid
as set forth herein or in the Agreement; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument, the Agreement and any prior mortgage or deed of 1rust.
For this purpose, Borrower does hereby mortgage, grants and conveys to Lender and Lender's successors and
assigus with power of sale, the following described real property located in the
County of LINCOLN
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
Loan No: 128498444
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SEE EXHIBIT A ATI'ACHED HEREI'O AND MADE A PART HEREOF
000573
which currently has the address of
550 BLAZE IANE
[Street]
E.TNA
[City]
, Wyoming
83118
{Zip Code]
("Property Address").
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this SecuritY Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
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 and Other Charges. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Agreement and if allowable under Applicable Law, any prepayment
charges, late charges and other charges due under the Agreement. Payments due under the Agreement and this
Security Instrument shall be made in D.s. currency. However, if any check or other instrument received by Lender
as payment under the Agreement or this Security Instrument is returned to Lender unpaid, Lender may require that
any or all subsequent payments due under the Agreement 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 institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
2. Application of Payments or Proceeds. Payments are deemed received by Lender when received at
the location designated in the Agreement or at such other location as may be designated by Lender in accordance
with the notice provisions in Section 14 or in such manner or location as required under Applicable Law. Except as
otherwise described in this Section 2, and as permitted under Applicable Law, all payments accepted and applied by
Lender shall be applied to the outstanding Account balance in the following order of priority: (i) any prepayment
charges due under the Agreement and/or this Security Instrument if permitted by Applicable Law; (ii) amounts due
under this Security Instrument to secure the amounts advanced under the Account and to protect Lender's security;
(iü) any escrow payments under Section 3 of this Security Instrument, if Lender requires such payments; (iv) any
late charges; (v) any other fees and charges other than finance charges; (vi) accrued and unpaid finance charges due
under the Agreement; and (vii) any unpaid principal balance due under the Agreement.
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
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more than one Periodic Payment is outstanding, Lender may apply any payment received 1Ìom 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. To the extent permitted by Applicable Law, voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Agreement.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Agreement shall not extend or postpone the due date, or change the amount of the Periodic Payments.
3. Funds for Escrow Items. Subject to Applicable Law, Borrower shall pay to Lender on the days
Periodic Payments are due under the Agreement, until the Account 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,
if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums. These
items are called "Escrow Items." At origination or at any time during the term of the Agreement, 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. BOlTower shall promptly furnish to Lender all notices of amounts to
be paid under this Section 3. 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 the Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the
event of such waiver, BOlTower 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 8. 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 8 and pay such amount and BOlTower shall then be obligated under Section 8
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 14 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 RESP A, 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 (including 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 RESP A 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 RESP A
If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower
for the excess funds in accordance with RESP A If there is a shortage of Funds held in escrow, as defined under
RESP A to mean the amount by which a current escrow balance falls short of the target balance at the time of escrow
analysis, Lender shall notifY Borrower as required by· RESP A, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is
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a deficiency of Funds held in escrow, as defined under RESP A to mean the amount of the negative balance in the
escrow account, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender. Borrower shall not be obligated to make such payments of Funds to Lender to
the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an
institutional lender. Ifunder Section 21 the Property is sold or the Property is otherwise acquired by Lender, Lender
shall apply no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by
Lender at the time of application as a credit against the sums secured by this Security Instrument.
4. Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of
trust, or other security agreement with a lien which has priority over this Security Instrument. Borrower shall pay
when due, all 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 other than a lien disclosed to Lender in Borrower's application
or in any title report Lender obtained 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
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.
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 the Agreement, the Account and this Security Instrument, if allowed
under Applicable Law.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, 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 Agreement. The insurance carrier
providing 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 the
Agreement, the Account and this Security Instrument, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone detennination aud certification services
and subsequent charges each time remappings or similar changes 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 be added to the unpaid balance of the Account and interest shall
accrue at the rate set forth in the Agreement, from the time it was added to the unpaid balance until it is paid in full.
Subject to Applicable Law, 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 mortgage clause, and shall name
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Lender as mortgagee and/or as an additional loss payee, and Borrower further agrees to generally assign rights to
insurance proceeds to the holder of the Agreement and the Account up to the amount of the outstanding Account
balance. 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 standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, and
Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Agreement and the
Account up to the amount of the outstanding Account balance.
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 Borrower otherwise agree in writing, and
subject to the rights of any holder of a mortgage, deed of trust, or other security agreement with a lien which bas
priority over this Security Instrument, any insurance proceeds, whether or not the underlying insurance was required
by Lender, 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 insurance proceeds until Lender has had an opportunity to inspect the Property to ensure the 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. Subject to the rights of any holder of a mortgage, deed of trust, or other
security agreement with a lien which has priority over this Security Instrument, 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 Lender believes that Borrower has abandoned 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, then 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 21 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 Agreement, the Account or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refund ofuneamed premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Subject to the
rights of any holder of a mortgage, deed of trust, or other security agreement with a lien which has priority over this
Security Instrument, Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Agreement, the Account or this Security Instrument, whether or not then due.
6. 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 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. If the Property is damaged, unless it is determined
pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the
Property 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 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.
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Lender or its agent may make reasonable entries upon and inspections of the Property. Ifit 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.
7. Borrower's Home Equity Line of Credit Application. Borrower shall be in default if, during the
home equity line of credit 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 failed to provide Lender with material information) in connection with the Agreement, the
Account or this Security Instrument. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
8. 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 a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien
which has or may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Lender
believes that 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 bas or may attain priority over this
Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' 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 ITom pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this Section 8, 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 8.
Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured
by this Security Instrument if allowed under Applicable Law. These amounts shall bear interest at the rate set forth
in the Agreement ITom the date of disbursement and shall be payable, with such interest, upon notice ITom Lender to
Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.
9. Mortgage Insurance. Mortgage Insurance reimburses Lender (or any entity that purchases the
Agreement and the Account) for certain losses it may incur if Borrower does not repay the Account as agreed.
Borrower is not a party to the Mortgage Insurance.
If Lender required Mortgage Insurance as a condition of entering into the Agreement and establishing the
Account, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
10. Assignment of Miscellaneous Proceeds; Foñeiture. The Miscellaneous Proceeds of any award or
claim for damages, direct or consequential, in connection with any condemnation or other taking ofthe Property, or
any part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject
to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this
Security Instrument.
If the Property is damaged and if the restoration or repair is economically feasible and Lender's security is
not lessened, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. 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 bas 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
Loan No: 128498444
Wyoming Open-End Mortgage - Secondary Lien
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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.
If Lender believes that 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 damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, then 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 then 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 and, if acceleration has
occurred, reinstate as provided in Section 18, by causing the action or proceeding to be dismissed with a ruling that,
in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this 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.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe 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 then due, shall not be a waiver of or preclude the exercise of any right or remedy.
12. Joint and Several Liability; Co-signers; Successors and Assigns Bound. When Borrower (as that
term is defined above) includes more than one person, 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 Agreement (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 accommodations with regard to the tenns of this Security
Instrument or the Agreement without the co-signer's consent.
Subject to the provisions of Section 17, 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 nom 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 19) and benefit the successors and
assigns of Lender.
13. Account 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, as allowed under Applicable Law, including, but not limited to, attorneys' fees, property inspection and
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valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender shall have the
authority to impose additional fees and charges to perform services requested by or on behalf of Borrower, or to
otherwise administer and service the Agreement and the AccoWlt. The additional fees and charges may include
administrative costs inctUTed by Lender and/or in reimbursement of payments made by Lender to third parties. Such
fees and charges may include, without limitation, any and all costs or fees associated with the origination and/or
servicing of such Agreement and the Account, document copy or preparation fees, transmittal, facsimile or delivery
fees, reconveyance and release fees, property inspections and returned check or insufficient funds charged in
connection with payments made by or on behalf of Borrower under the Agreement and all other such fees for
ancillary services performed by Lender for Borrower or at Borrower's request or for services necessitated by or
resulting from Borrower's default or malfeasance relating to this Security Instrument or the Agreement or incun-ed
by Lender or assessed upon Borrower pursuant to the provisions of this Security Instrument or the Agreement. Such
fees and charges shall be secured by this Security Instrument up to the amount of the Credit Limit and, unless
Borrower and Lender agree to other terms of payment, shall bear interest from the date assessed by Lender at the
rate stated in the Agreement, and in effect from time to time, and shall be payable, with interest, immediately
following written demand from Lender to Borrower requesting payment thereof. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law. The absence of express authority in this
Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of
such fee.
If either the Agreement or the Account is subject to a law which sets maximum loan charges, and that law
is finally intexpreted so that the interest or other charges collected or to be collected in connection with the
Agreement and the AccoWlt exceed the permitted limits, then: (a) any such charge shall be reduced by the amount
necessary to reduce the charge to the pennitted limit; and (b) any sums already collected 1Ì"om Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Agreement or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment. Borrower's acceptance of any such refund made by direct
payment to Borrower will constitute a waiver of any right of action Borrower may have arising out of such
overcharge.
14. 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 given
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 Wlder 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 Lender'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 Wlti1 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.
15. 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 Agreement conflicts with Applicable Law, such conflict shall not affect other provisions of this
Security Instrument or the Agreement which can be given effect without the conflicting provision.
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000580
As used in tbis Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words 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.
16. Borrower's Copy. Borrower shall be given one copy of the Agreement and of this Security
Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "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
ofwbich is the transfer of title by Borrower at a future date to a purchaser.
Ifall 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 if such exercise is prohibited by Applicable Law.
If Lender exercises tbis option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days fi:om the date the notice is given in accordance with Section 14 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of tbis 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 Agreement as if no acceleration had occurred; (b) cures
any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, as allowed under Applicable Law; and (d) takes such action as Lender may reasonably require to assure
that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the
sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses 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 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 17.
19. Sale of Agreement/Account; Change of Loan Servicer; Notice of Grievance. The Agreement and
the Account, or a partial interest in the Agreement and the Account (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 the Periodic Payments due under the Agreement and this Security Instrument and
performs other mortgage loan servicing obligations under the Agreement, this Security Instrument, and Applicable
Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Agreement and the
Account. If there is a change of the Loan Servicer, if required under Applicable Law, Borrower will be given
writtellnotice 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 RESP A requires in connection with a notice of transfer of
servicing. If the Agreement and the Account are sold and thereafter the Agreement and the Account arc serviced by
a Loan Servicer other than the purchaser of the Agreement and the Account, the mortgage loan servicing obligations
will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
purchaser of the Agreement and the Account unless otherwise provided by the purchaser.
Loan No: 128498444
Wyoming Open-End Mortgage - Secondal")' Lien
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000581.
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 14) 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 elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes
of this Section 19. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and
the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 19.
20. Hazardous Substances. As used in this Section 20: (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 H¥Rrdous Substances, on or in the Property. Borrower shall not do, nor allow
anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which
creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance,
creates a condition that adversely affects 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 (includiug, 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
aftècts 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 remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions ill accordance with Enviromnental Law.
Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21., Events of Default; Acceleration; Remedies. The occurrence of anyone or more of the following
events shall, at the election of Lender, constitute an ''Event of Default," and shall entitle Lender to terminate
the Agreement and the Account and accelerate the indebtedness secured hereby: (a) any Borrower engages in
fraud or material misrepresentation, whether by action or omission, in counection with any phase of the
Agreement; (b) Borrower fails to meet the repayment terms set forth in the Agreement; or (c) Borrower's
action or inaction adversely affects the Property or Lender's security interest, including, but not limited to,
Borrower's actions or omissions that constitute ''Events of Default" under the Agreement, or Borrower's failure
to peñorm any material covenants or agreements contained in this Security Instrument
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 acceleration under Section 17 unless
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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 this Section 21, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to
the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give
notice of the sale to Borrower in the manner provided in Section 14. Lender shall publish the notice of sale,
and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may
purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all
expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this
Security Instrument; and (c) any excess to the person or persons legally entitled to it.
22. Release. Upon request from Borrower and upon payment of all sums secured by tbis Security
Instrument, Lender shall release tbis 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.
23. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption
laws of Wyoming.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of 1rust or other encumbrance with a lien
wbich has priority over this Security Instrument to give notice to Lemler, at Lender's address set forth on page two of
this Security Instrument, of any defuult Wlder the superior encumbrance and of any sale or other foreclosure action.
[Signatures on Following Page)
Loan No: 128498444
Wyoming Open-End Mortgage- Secondary Lien
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000583
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.
Witnesses:
(Jtn vf1r; J10 IIJj )
STEP~
(Seal)
-Borrower
Printed Name
Printed Name
(Please Complete)
~ :J.L
(Seal)
-Borrower
Printed Name
Printed Name
(Please Complete)
(Seal)
-Borrower
Printed Name
(Seal)
-Borrower
Printed Name
[Space Below This Line For Acknowledgment]
State ofV-Jl.{ om' 1f".J §
§
County of () nLÓ\ Vì §
Before me the undersigned authority, on this day personally appeared STEPHANI LAKE and
JARED lAKE \ W \- k ~("\Ó \-t v.s bQn OJ
,
known to me (or proved to me through an identity card or other document) to be the person(s) whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal on this I 5
(Seal)
day of No ve I'h \oe..-v-
~~
NotlJ1)í b i ...
~ (,tAeaV
Printed N e
,2-co/.
AMY GUEAR - NOrARY PUBLIC
,J i'·1JNTY OF ~ STATE OF
., ...i~COLN ~ WYOMING
.,; !\IY COMMISSION EXPIRES 1/31/2010
J ~ I, 2. 0 CJ
My Commission Expires: Ol V\. V~VLVJ
AMY GUEAR - NOrARY PUBLIC
COUNTY OF IIt\ STATE OF
LINCOLN ~ WYOMING
Loan No: 128498444
Wyoming Open-End Mortgage Secondary Lien
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10567WY 08102
02002, The CompliaDce Source, Ioc.
LEGAL DESCRIPTION
(Exhibit A)
07NL38388
000584
LOT 1 OF BLAZE ESTATES, LJNCOLN COUNTY, WYOMJNG, ACCORDJNG TO THAT
PLAT FILED JUNE 8, 2004 IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO. 253-A.
BEING THE SAME PREMISES AS CONVEYED IN DEED FROM ARIELD SHANE
WASEM, A MARRIED MAN RECORDED 08/04/06 IN DOCUMENT NUMBER 920962,
BOOK 629, PAGE 63 IN SAID COUNTY AND STATE.
TaxId: SI4-17-3b6~