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HomeMy WebLinkAbout944946 L 6010817421 ~ ~ Return To; WFBM FINAL DOCS X9999-0lM 1000 BLUJi: GENTIAN 1\OAD EAGAN, !IN 55121 RECEIVED 1/29/2009 at 10:35 AM RECEIVING # 944946 BOOK: 714 PAGE: 20 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared By: WELLS FARGO BANK, N .A. 1919 DOU(¡LAS" OMAHA, HE 681010000 OOO~O (Spate Above Tho LID. For ReeorcUnc Data] MORTGAGE DEFINITIONS. Words used in multiple secbons of this document are defined below and other words are defined m Sections 3. 11, 13, 18, 20 and 21. Certain rules regardmg the usage of words used In this document are also provided in Section 16, (A) "SecarityJnstrumentlt means this document, which is dated JANUARY 21, 20Q9 together with all Riders to this document. (B) "Borrower"ls BRIAN G KIRK AND nNDY S ALBJ:RS-KIRIC, Ht1SBAND AND WIn Borrower is the mortgagor under thiS Security Instrument. (C) "Lender"l! WELLS I'Al\GO BANIC, N .A. Lender 18 a. NATIONAL ASSOCIAT:ION organized and existing under the laws of THE UNI'l'ED STATES Lender's address is P.O. BOX 11701, NJl:WAlU(, NJ 071014701 Lender is the mortgagee under thiS Security Instnnnent. NMFl3051 (WVCM) Ravel2OO8 ~ Fonn 31)51 1101 VMP6(WY (0808~OO InKI;·· ~Ø& 1 òf 18 111_.0 0095043139 WVONtNG . Single Family. FalVlle Mae/Freddie MIIC UNIFORM INSTRUMENT VMPI ) Walle.. KIlMer Financial SlNVlœa 00002~ (0) "Note"means the proIIUSSOry note signed by BOlTOwer and datedJM«JAaY 21, 2009 The Note states that BOlTower owes Lender~ HUNDRED THOUSAND AND 00/100 Dollars (U.S. $ ****200,000.00 ) plus interest. BolTOwer has promised to pay this debt in regular PeriodJ.c Payments and to pay the debt In full not later than I'BBRt1ARX 01, 2039 (E) "Property"means the property that is described below under the headmg "Transfer of Rights ín the Property, " (F) "Loan" means the debt evidenced by the Note, plus ínterest, any prepayment charges and late charges due under the Note, and all SUIJlS due under thIS Security Instrument, plus interest. (G) "Riders" means al1 Riders to thlB Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box 88 applicable]: § Adjustable Rate Rider D Condommrom Rider B Second Home Rider Balloon Rider D Planned Unit Development Rider 1-4 Family Rider VA Rider D Biweekly Payment Rider Other(s) [specify] (H) "Applicable Law" meanS an controlling applicable fedC)w, state and local statutes. regulatiOns, ordinances and a.dmuustratrve rules and orders (that have the effect ofla.w) as well as all applicable final, non-appealable Juwcial opimons. (1) "Community Association Dues, Fees, and Assessments" means aU dues, fees. assessments and other charges that are Imposed on Borrower or the Property by a condommium association, homeownm association or similar organiZation. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction oIlgmated by check, draft, or sunilar paper instrument, which is initiated through an electroIÚc temunal, telephonic inSQUment, oomputer, or magnetJ.c tape 80 as to order, instruct, or authorize a. financial irurtitution to debit or credit an a.ccount. Such term includes, but 18 not hmited to, pomt-of-saJe transfers, automated teller machine transa.ctlons, transfers 1IÚ1.1ated by telephone. wire transfers. and automated clearinghouse tranBfers. (K) "EscrowItems" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensat1on, settlement, award of damages. or proceeds paid by any tlurd party (other than insurance proceeds paid under the coverages described m Section 5) for: (í) damage to, or destmctJon of, the Property; (ü) condemnation or other takmg of all or any part of the Property. (Hi) conveyance in lieu of condemnation; or (tv) misrepresentations of, or OmissIOns as to. the value and/or condition of the Property, (M) "Mortgage Insurance" means ínsurance protectmg 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, pius (ii) any amounts under Section 3 of this Seçurity Instrument. (0) "RESPA" means the Real Estate Sctt1ementProcedures Act (12 U.S.C. Section2601 et seq.) and Us implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended ftom time to tIme, or any additional or successor legis1atJ.on or regulation that governs the same subject matter. .As used in thIS Security Instrument, "RESP A" refers to all requiremenm 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 RESP A ~~ING . Single Family. Fannie MaelFreddle MIlO UNIFORM INSffiUMENT WolIBtl KlU\Wr FIn."clal S.lYIce. ~ Form 301111/01 VMP8 (0803).00 InNallt, . _ ~8 e Z of 18 OOû022 (P) "Successor in Interest of Borrower" meaDS any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations undØI 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 pcrfurmance of Borrower's covenants and agreements under thts Secunty 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 property located in the COUN'rY of LINCOLN [Type ofRecordmg Jur1Idiol1an) [Name ofRooordmg lurød.iou01I] SEE EXHIBI'r " A .. A'r'rACHED HERETO AND MADE A PART HUBOi'. TAX S'rM'EMEN'fS SHOULD BE SENT '1'0: 11101, NEWARK, NJ 071014701 RLLS J'AROO HOHI MORTGAGE, P.O. BOX Parcel ID Number. 428 WH&ELER ROAD BEDI'ORD ("Property Address"): which currently has the address of [Streut] [City]. Wyonung 83112 [Zip Code] TOGETHER WITH all the unprovements now or hereafter erected on the property. and all easements, appurtenances, and fixtures 1lCJW 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 m tins 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 encumbmnces of record. Borrower warrants and. wiD defend generally th~ title to the Property against all clauns and demands, subject to any encumbrances ofrecord. TInS SECURITY INSTRUMENT combines uniform covenants for national use and non~uniform covenants with lunited vanatlOns by junsdlcuon to constitute a. uniform security Instrument covering real property. ~~ING. Single FemU)' . Fannie Mae/Freddie Meo UNIFORM INSTRUMENT WOu..1II KIUWIIf Flnanolal SelVlcea . Form 8051 1101 VMPØ(WY (oaoa).oo Pege a Of 18 ----.--".---.- óO~02,3 UNIFORM COVENANTS. Bo1Tawer and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Esçrow Items, Prepayment Charges, and Late Charges. BOlTOwer shall pay when due the prinCipal of, and mterest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Bonower shall also pay funds fur Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument sba1l be made in U.S. CUITeney. 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 reqwre that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the fol1owmg fOlIOS, as selected by Lender: (a) casb; (b) money order; (c) certified check, bank. check, treasurer's check or cashier's check, provided any such check is drawn upon an mstitutJon whose depoSits are msured by a federal agency, Instrumentality, or entity; or Cd) Electronic Funds Transfer. Payments are deemed recen1cd by Lender when received at the location des¡gnated in the Note or at such other locabon 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 msufficlent to bnng the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any nghts hereunder or prejudice to its :nghts to refuse such payment or partial payments In the future. but Lender IS not obligated to apply such payments at the tIme such pa.yments are accepted. If each Periodic Payment is applied as of its scheduled due date. then Lender need not pay intere¡¡t on unapplied funds. Lender may hold such unapphed funds until BOITower makes payment to brmg the Loan current. If Bonower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Bonower. If not apphed earher. such funds will be applied to the outstanding prinCIpal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower mtght have now or m the future against Lender shall reheve Borrower from making payments due -under the Note and thís Security Instrument or perfonning the covenants and agreements secured by tbis Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described 1U this Section 2, all payments accepted and aþphed by Lender sball be apphed in the followíng order of prtority: (&.) mterest due under the Note, (b) pnnClpal due under the Note, (0) amounts due under Sect.J.on 3. Such payments shall be appbed to each Penodic Payment in the order in which it became due. Any remaming amounts shaU be appl1ed first to late charges, second to any other amounts due under thIS Security Instrument, and then to reduce the pnncipal balance of the Note. If Lender receive¡¡ a payment from BoITower for a delinquent Penodic 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 1han one Penodtc Payment is outstanding, Lender may apply any payment receIved from BOJrower to the repayment of the PeriodIc Pa.yments ~ and to the extent that, each payment can be paid in fun. To the extent that any excess eXIsts after the payment is applIed to the full payment of one or more PerìodlC Payments. such excess may be applIed to any late charges due. V oluntaly prepayments sba]] be applIed first to any prepayment charges and then as described. ìn the Note. Any apphcation of payments. insurance proceeds, or MUlceUaneous Proceeds to principal due under tbe Note shall not extend or postpone the due date, or change the amount, of the PenodIc Payments, 3. Funds for Escrow Items. Borrower &ba1l pay to Lender OD the day PeriodIc Payments tU:e due under the Note. untíI the Note is paid in full, a sum (the "Fundstl) to provide for payment of amòunts due for; (a) taxes and assessments and other Items which can attam pnonty over th1S Security Instrument as a ~~~NG - Single Family - Fannie MaelFreddl. Mac UNIFORM INSTRUMENT Wolle.. Kluww !"Inanolel SalVI"". Inlllel"~ .~ Farm 3051 1101 VMP8(WY1 (oøœ~OO P8ga 4 i>t16 000024 hen or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any; (0) premiums for any and all Insurance requITed by Lender under Section 5; and (d) Mortgage Insurance premnuns, if any, or any sums payable by Borrower to Lender m lieu of the pa.yment of Mortgage Insurance premIums in accordance with the provisions of Sechon 10. These items axe 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 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 obUgation to pay the Funds for any or all Escrow Items.. Lender may waive Borrower's obhgabon to pay to Lender Funds for any or all Escrow Items at any tune. Any such waiver may only be m writing. In the event of such waiver. Borrower shaD pay directly. when and where payable, the amounts due for any Escrow Items for which payment of Funds has been w8.1ved by Lender and, if Lender requJI'es. shall furnish to Lender receipts evidencmg such payment withIn such time penod as Lender may require.. Borrower's oblIgation to make such payments and to provide receipts shall for all pw:poses be deemed to be a covenant and agreement contained in thts Security Instrument, as the phrase "covenant IUld agreement" is used in Section 9. If Borrower 13 obligated to pay Escrow Items directly, pursuant to a waiver, and BOII'ower fails to pay the amount due for an Escrow Item, Lender may exerC13e Its rights under Section 9 IUld pay such amount and Borrower shall then be obligated 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 nohce gIven in accordance with Sectton 1 S and, upon such revocation, Borrower shall pay to Lender all Funds, and m such amounts, that are then required under thiS Section 3, Lender may, at any tlme, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the bme specified unçl.er RESPA. and (b) not to exceed the maximum amount a lender can requllc under RESP A Lender snaIl estimate the amount of Funds due on the basis of CUII'ent data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Apphœble Law, The Funds shall be held m an mstitutJ.on whose deposits are InSured by a federal agency, IDstrumentality, or entity (including Lender, ü 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 holdmg and applymg the Funds. annually anaIyzmg the escrow account, or verifying the Escrow Items, unless Lender pays Borrower mterest on the Funds and Applicable Law pOIIDlts Lender to make such a charge. Unless an agreement IS made In writtng or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earmngs on the Funds Borrower and Lender can agree In writing, however. that mterest shall be paid on the Funds. Lender shall give to Borrower, without chaxge, an annual accountIng of the Funds as requIred by RESP A. If there is a SUIplus of Funds held in escrow. as defined under RESP A, Lender shall account to &nower for the excess funds m accordance with RESP A. If there IS a shortage of Fun<Js held m escrow. as defined under RESP A. Lender shall notify BoII'ower as reqwred by RESP A, and Borrower shaIl pay to Lender the amount necessary to make up the shortage m accordance with RESP A, but m no more than 12 monthly payments. If there IS a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RBSP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in a.ccordance with RESPA, but in no more than 12 monthly payments, Upon payment m full of all sums secured by this Secunty Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. WYOMING· Single FemUy - Fannl. Mae/Freddle Mac UMFORM INSTRUMENT VMPe WoIIere KhJWer Flnsnglel 8elYlœs £W) Farm 30611/111 VI\4Pe(VYY) (Om).oo InllJels. "ous 5 gf 18 OOû025 4. Charges; Liens. Borrower shall pay all taxes, asses&l1lents. cbargcs, fines, and unposiùons attributable to the Property which can attain pnority over this Security Instrument, leasehold payments or ground rents on the Property. if any, and Community Association Dues, Fees. and Asse88Jllents, 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 dLscharge any lien which has pnority over tbJ.s Security Instrument unless Borrower: (a.) agrees In writmg to the pa.yment 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 faíth by, or defends agaInst enforcement of the líen in, legal proceedings which III Lender's opmion operate to prevent the enforcement of the hen while those proceedIngs are pending, but only until such proceedings are concluded; or ( c) secures from the holder of the hen an agreement sa1JsfactoI;J to Lender subordinating the hen to thís Security Iustnunent. If Lender determines that any part of the Property IS subject to a lien which can attain priority over this Security Instrument, Lender may gíve Borrower a notice identifying the hen, Within 10 days of the date on which that notice is given, Borrower sball satJsty the lien or take one or more of the actions set forth above in thJs Section 4, Lender may require Borrower to pay a. one-time charge for a real estate tax verification and/or reportmg service used by Lender m connection with this Loan. ~~¥ING - Single Family - fannie Maa/F...ddle Me.c UNIFORM INsTRUMENT Welters Kluwer RNlnclal Servlc,", 5. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property msured against loss by fire, hazards included within the term. "extended coverage. n and any other hazards mcludmg, but not limited to, earthquakes and floods, for which Lender requîres msurance. ThIS msurance shall be maintained ín the amounts (includmg deductible levels) and for the periods that Lender reqwres. What Lender requires pursuant to the preceding sentences can change durmg the tenn of the Loan. The Insurance carrier providmg the insurance shaJI be chosen by Borrower subject to Lender's nght to disapprove BOlTower's choice, which right shall not be exerclSCd unreasonably. Lender may requlIe Borrower to pay, In connection with tins Loan, either; (a) a one-time charge for flood zone deternun.a.fJon, certification and tracking servlces; or (b) a one-fJme charge for flood zone detennination and certificafJon services and subsequent charges each time remappmgs or smùlar changes occur which reasonably might affect such determination or certi.ficatlon. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in cOlUlcction with the revIew of any flood zone detemnnation 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 optJon and Borrower's expense. Lender IS under no obligafJon 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 m the Property, or the contents of the Property. against any risk, bazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtamed might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this SectIon 5 shall become addifJonal debt of Borrower secured by this Secunty 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. AU lDsurance poItcles required by Lender and renewals of such pohCles shall be subject to Lender's right to drsapprove such policies, shall mclude a standard mortgage clause. and shall name Lender as mortgagee and/or as an additional loss payee. Lender sha]] have the nght to h01d 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 othetWlSe required by Lender, (jL Fonn 80511101 VMP8(WYI Iga08~OO Initial", Pega 8 Of 18 vY 000026 for damage to. or destruction of, the Property, such policy shall lßcludo a. standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss Payee. In the event of 108S, 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 othelWlSe agree in writing. any insurance proceeds, whether or not the underlymg msurance was reqmred by Lender. shall be applied to restomtion or repair of the Property. if the restoratlon or repair 1& economIcally feasible and Londer's security IS not lessened. Dunng such rcpa1I and restoraUon penod, Lender shan have the right to hold such insurance proceeds until Lender has bad an opportunity to inspect such Property to ensure the work has been completed to Lender's sa.l:1sfactlOn, provided that such mspectlon shall be undertaken promptly. Lender may disbUISe proceeds for the repairs and re&toratíon m a smgle pa.yment 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 1l1&urance proceeds, Lender shan not be required to pay Borrower any interest or eanungs on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower sha11 not be paid out of the msurance proceeds and shall be the sole obligation of Borrower. If the restora.tion or repa.ir is not econonucally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by tlus 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 Sect10n 2. If Borrower abandons the Property, Lender may file. negotiate and gettle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance caJ.Tier has offered to settle a. claim, then Lender may negol:1ate and settle the claim. The 30-day penod will begín 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) Borrowers nghts to any insurance proceeds lD an amount not to exceed the amounts unpaid under the Note or thís Secunty 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 pohCles coverIng the Property. msofåt as such rights are app1ícable to the coverage of the Property. Lender may use the insurance proceeds either to repau or restore the Property or to pay amounts unpaid under the Note or thts Secunty Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, estab1ísh, and use the Property as Borrowers principal residence within 60 days after the executIon of thiS Security Instrument and shan 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 11Dteasonably 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 unpair the Property, allow the Property to detenorate or commit waste on the Property Whether or not Borrower is residmg in the Property, Borrower sha1l maÎnta,lß the Property 1ß order to prevent the Property &om d.ctenorating or decreasmg in value due to its conditJ.on. Unless it IS determmed. pursuant to Secuon 5 that repair or restoratlon IS not econoDUcally feasible, Borrower shall promptly repau the Property if damaged to avoid further deteriomtton or damage. If insurance or condemnation proceeds are paid 1ß connection with damage tQ. or the taking o~ the Property, Borrower shall be ..esponsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repatrS and restoration m a single payment or in a senes of progress payments as the work is comple~. If the insurance or condemnation proceeds are not sufficient WYOMING. Blngl& Family. Fannie M..lFreckle Mac UNIFORM INSTRUhENT VMPCIII Walten Kluwer Flllllnclll Services Q Wl'larm ~ða1~ Inlllals'~ ~ B7Df1B \ßt OOû027 to repau or restore the Property, Borrower is not rebeved of Borrower's obligation for the completion of suchrepau' 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 íntenor of the nnp.rovements on the Property. Lender shall glve Borrower notice at the tune of or prior to such an Interior .1nspecúon specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if. during the Loan application process, BOITower or any persons or entities actmg at the direction of Borrower or with Borrowers knowledge or COnsent gave materially false, misleading, or maccurate ínfonnatton or statements to Lender (or failed to provide Lender with material infoønåtJon) In connection with the Loan. Material representaúons include. but are not lImited to, representatIOns concernmg Borrower's occupancy of the Property as BOITOwer's pnncipal 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 contamed in thIs Security Instrument, (b) there IS a legal proceedJ.ng that might significantly affect Lender's mterest ín the Property and/or nghts'under tins Security Instrument (such as a. proceeding m bankruptcy. probate. for condemnation or forfeiture, for enfureement of a lien which may attain priority over thIS Secunty Instrument or to enforee laws or regulations), or (c) Borrower has abandoned the Property, . then Lender may do and pay for whatever 18 reasonable or appropnate to protect Lender's interest in the Property and rights under this Secunty Instrument, includIng protecting and/or assessing tho value of the Property. and securmg and/or repairing the Property. Lender's actJons can include, but are not hmited to: (a) paying any sums secured by a lion whî.ch has priority over thís Secunty 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 posiúon in a bankruptcy proceedmg. Securing the Property mcludes, but 18 not hmited to, enterIng tho Property to make repairs, .change locks, replace or board up doors and windows, dram water fi:om pipes. ehDllnate buildIng or other code violattons or dangerous conditions, and have utilities turned on or off. Although Lender may take action under dus Section 9, Lender doea not have to do so and 1S not under any duty or oblígation to do so. It IS agreed that Lender incurs no liability for not taktng any or all actions authorized under this Sectíon 9. Any amounts disbursed by Lender under this Secf10n 9 shall become additional debt of Borrower secured by this Secunty Instrument. These amounts shall bear interest at the Note mte fi:om the date of disbursement and sbaJl be payable, with such interest, upon notice ftom Lender to Borrower requesting payment. If thiS Security Instrument 18 on a leasehold, Borrower shall comply with all the proviSIons of the lease. If Borrower acquíres fee title to the Property. the leasehold and the fee title shan not merge unless Lender agrees to the merger in writmg. 10. Mortgage Insuxance. If Lender required Mortgage Insurance 115 a conditioo of making the Loan, Borrower shall pay the premiums required to mamtam the Mortgage Insurance in effect. If, for any reason, the Mortgage Insumnce coverage requued by Lender ceases to be available from the mortgage insurer that prevíously provided such insurance and Borrower was requîred to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shaH pay the prenuums required to obtain coverage substantially equIValent to the Mortgage Insurance prevtously in effect, at a cost substantially eqUIvalent to the cost to Borrower of the Mortgage InSUIaIlce prevJOJlsly In effect, fi:om an alternate ~~G . Single Family. FInnie Met/Fftlddle Moc UNIFORM INSTRUMENT Wonera Kluwur FI n8noial Service. ðlv Form 8061 1J( 1 , VMPB(WY (0803).00 Initials '. ~a ð of 18 OO{)028 mortgage insurer selected by Lender. If substantially equívalent Mortgage Insurance coverage is not available, Borrower shalt contInue to pay to Lender the amount of the separately designatc.d 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 m lieu of Mortgage Insurance. Such loss reserve shalt be non-refundable, notwithstanding the fact that the Loan is ultunately paid in full, and Lender shall not be required to pay Borrower any interest or earnIngs on such loss reserve. Lender can no longer requll'e loss reserve payments if Mortgage Ins1l1'811ce COV'e(8.go (m 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 prcmÎ1lDlS for Mortgage Insurance. If Lender reqwred Mortgage Insurance as a condition of making the Loan and Borrower was required to make scparately designated payments toward. the premrums for Mortgage Insurance. Borrower shall pay the preJIUUØ1s requíred to mamtam Mortgage Insurance in effect, or to provide a. non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends m accordance with any written agreement between Borrower and Lender providing for such terminatmn or until temúnatJ.on is required by Applìoable Law. Nothing in this Sootion 10 affoots Borrower's obligation to pay mtercst at the rate provided in the Note. Mortga.ge Insurance reImburses Lender (or any entity that purchases the Note) for certain losses it maymcurifBorrower 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 ftom time to tJ.me, and may enter mto agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that are satIsfactory to the mortgage insurer and the other party (or partles) to these agreements. These agreements may require the mortgage insurer to make payments usmg any 80UICC of funds that the mortgage insurer may have available (which may mclude funds obtained ftom Mortgage Insurance pretnlUIns), As II result of these agreements, Lender, any purchaser of the Note, another msurer, any remsurer, any other entity, or any affiliate of any of the foregoing. may receive (directly or ind1rectly) amounts that derive ftom (or might be charactenzed as) II portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, If such agreement provides that an lI.fill1ate of Lender takes II share of the insurer's risk ín exchange for a share of the preJIUUIIl8 paid to the msurer. the II1T8Dgement is often tenned "captive reinsurance." Further: (a) Any suth agreements wiD not affect ;he 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 aflect 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 certain disclosures, to request and. obtaJn. canceJIation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any MortgageInsurancepremiums that were unearned at the time ofsuth canceDationor termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. AJl Mtscel1aneous Proceeds are hereby 8.S81gned to and shall be paid to Lender. If the Property IS damaged, such Miscellaneous Proceeds shall be apphed to reatoratlon or repair of the Property, if the restoration or repatl' is econonucaJ1y feasible and Lender's security IS not lessened. During such repair and restoratlon period, Lender shall have the nght to hold such M1scellanCQUS Proceeds until Lender has had an OpportunIty to inspect such Property to ensure the work has been completed to Lender's satJ.sfacnon. provided that such mspection shall be undertaken promptly. Lender may pay for the ~~ING. Slngl. Famliy . Fonnle MaelFre<ldl. MIlO UNIFORM INSTRUMENT Wollano Kluwer Flnanc:lel Servloe& ~ Form 80511101 VMPØ(WY (11803).00 Initial, , ~I e 9 of 18 .-._._------------"._~------- 00û029 repaírs and restoration In a smgle disbursement or in a series of progress payments as the work is completed. Unless an agreement IS made m writing or Applicable Law requl1'eS mtereBt to be paid on such MIscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamÍngs on such MIscellaneous Proceeds. If the restoration or repair is not economlcaIIyfèasible or Lender's security would be lessened, the Miscel1aneous Proceeds shal1 be applied to the sums secured by thIs Security Instrument, whether or not then due, with the excess, if any, paid to BOlTOwer. Such Miscellaneous Proceeds shall be applied in the order provided for in SectIon 2. In the event of a total takmg, destruction, or loss in value of the Property, the MIsoellaneous Proceeds shall be apphed to the sums secured by thÎs Security Instrument, whether or not then due, with the excess, if any, paid to BOlTOwer. In the event of a partial taking, destruction, or loss in value of the Property ill which the f3J.r market value of the Property immedIately before the partial taking, destruction, or loss lD 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 m writIng, the sums secured by thís Secunty Instrument shall be reduced by the amount of the MisceUaneous Proceeds multiplied by the foUowi.ng 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 ìmmediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destructIon, or loss in value of the Property In which the fair market value of the Property immedIately before thc partial taking, dcstructton, 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 m writing, the MIscellaneous Proceeds shall be apphed to the swm secured by this Security Ins1rument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to BOlTOwer that the Opposing Party (as defined in the next sentence) offers to make an a.ward to settle a. cl8.lm for damages. Borrower fails to respond. to Lender within 30 days after the date the notice is given, Lender 18 a.uthorized to collect and apply the MISCellaneous Proceeds either to restoratIon or repair of the Property or to the swns secured by this Security Instrument, whether or not then due. "OppoSIng Party" means the thtrd party that owes Borrower Miscellaneous Proceeds or the party agll1IUlt whom BOlTOwer bas a right of action in regard to MIScellaneous Proceeds. Borrower shall be in default if any actIon or proceeding, whether civil or crimina1, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material im.paírment of Lender's mterest In the Property or rights lJDder this Security Instrument. Borrower can cure such a. defau1t and, if acceleratIon has occurred, remstate as provi~d in Section 19, by causmg the acbon or proceedtng to be dismissed with a fUlwg that, In Lender's Judgment, precludes forfeiture of the Property or other material impaument of Lender's mterest in the Property or rights under this Secunty Instrument. The proceeds of any award or claun 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 tune 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 BOlTOwer or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings agaInst ~~ING - Slngl. Family· Fannl. MaelFlllddt. Mac UNIFORM INSTRUMENT Wo/tm Kluwer Financial Sarvlcea fJ,y Form 30511/01 MP6(WY (11803'.00 InlUals. pqa 1Q of 16 OOiì030 any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortÍZ8.tJon of the sums secured by tillS Security Instrument by reason of any demand made by the origínal BOlTower or any Successors m Interest of Borrower. Any forbearance by Lender m exercising any right or remedy inc]udmg, without limitation, Lender's acceptance of payments from third persons, entitJes or SUccessors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercìse of any nght 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 thís 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 tenDs of tIns Security Instrument; (b) IS not personally obligated to pay the sums secured by tiltS 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 Note without the co-signer's consent. Subject to the proviS1ons of Section ] 8, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument ín writing, and is approved by Lender, shaJl obtain aI] of Borrower's nghts and benefits under this Security Instrument Borrower sba1l not be released ftom Borrower's obligations and liability under thiS Security Instrument unless Lender agrees to such release In writing. The covenants and agreements of this Security Ins1rument shaJl bind (except as provided in Section 20) and benefit the successors and assIgns of Lender. 14. Loan Charges. Lender may charge Borrower fees for servxces perfonned In connection with BOlTower's default, for the putpose of protect1ng Lender's interest In the Property and rights under this Security InstruInent, Including, but not bmited to, attorneys' fees, property tnspection and valuatIon fees. In regard. to any other fees, the absence of express authorìty In tins Security Instrument to charge a. specific fee to BOlTower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tIns Security Instrument or by Applicable Law, If the Loan IS subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coUected m connect1on with the Loan exceed the pennitted lunits, 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 ftom Borrower which exceeded permitted hmits win be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a dxrect payment to BOlTower. If a refund reduces pnncipal, 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 ac.ceptance of any such refund made by dIrect payment to Borrower will constitute a wlUVer of anyright of action Borrower might have arising out of such overcharge. 15. Notices. All notices glven by Borrower or Lender In connection with this Security Instrument must be in writIng. Any notIce to Borrower In connection with tIns Security Instrument shalI 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 nlClUl8. Notice to anyone Borrower shall constitute notice to a1113orrowers unless Applicable Law expressly requires otherwise. The notIce addre.ss shalI 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 BOlTower's ~~ING . Single F8mrry . Fannie Mae/Freddh. Moo UNIFORM INSTRUMENT Wolle... Kluwar Flnandal Sarvlcl!!I ~ form 30611101 VMf18(WYJ (0808).00 Inldal... Page 11 Of 1 B · ..._--_.~-~._._-..--~ ..__..~~--_.__.__.~- 006031 change of address, then Borrower shaD 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 nouce to Lender shall be given by dehvering it or by mai1ingit by fIrst class mail to Lender's address stated. herein unless Lender bas 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 reqwred by this Security Instrument i8 also reqwn:d under Applicable Law, the Applicable Law requirement win sabsfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; RDles of Construction. ThIS Security Instrument shall be governed by federal law and the law of the jurisdJctlon m which the Property is located. All rights and obligations coníamed in thIs Security Instrument are subject to any requirements and IUDÌtations of Applicablc Law. Applicable Law might explicitly or unphcitly allow the partJ..es to agree by contract or it nught be silent, but such silence shall not be construed as a prohibibon agamst agreement by contract. In the event that any provision or clause of this Security Instrument or the Note confhcts with Applicable Law, such COnflict shall not affect other provísiODS of this Secunty Instrument or the Note which can be given effect without the conflicting provÍsion. As used in this Secunty Instrument. (a) words of the masculme gender shall mean and include cotrespondlng neuter words or words of the feminine gender; (b) words m the singular shall mean and include the plUIal and VIce versa; and (c) the word "may" gives sole discretJ.on without any obhgation to take any actIon. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficlal Interest in Borrower. As used in this Sectlon 18, "Interest in the Property" means any lega.l or beneficial interest In the Property, including, but not bmited to. those beneficialmterests transferred in a bond for deed, contract for deed, installment sales .contract or escrow agreement, the intent of which is the transfer oftítle 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 m Borrower IS sold or transferred) without Lender's prior written consent, Lender may requIre unmediate 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 Apphcable Law. If Lender exercises this optIon, Lender shall give Borrower notice of acceleration. The notJ.ce shall provide a period of not less than 30 days ftom the date the notIce IS gIVen m accordance with SectJ.on 15 withm which Borrower must pay aU sums secured by thîs Security Instrument If Borrower fails to pay these sums pnor to the exptration of thIS period, Lender may invoke any remedies pennitted by dus Security Instrument without further nouce 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 Seaurity Instrument dIscontinued at any tune prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale oontamed 1n this Security Instrument, (b) such other period as Apphcable Law might specity for the temúnatJ.on of Borrowers nght to reinstate; or (c) entry of a Judgment cnforcmg tlus 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 occwred; (b) cures any default of any other covenants or ~~ING - Single FamIly. fannie MulFl1Iddl. Mac UNIFORM INSTRUMENT Wallets Kluwer Financial SeMoua fAi- Form 3051 1101 VMJ>8{WY) (Oøo3~OO Inltl , Pq. 1201 16 00û032 agreements; (c) pays all expenses tnCUlTed in enforcing this Security Instrument, incruding, but not limited to, reasonable attorneys' fees, property inspection and valua1J.on fees, and other fees incurred for the purpose of protectmg Lender's interest m the Property and rights under thiS Security Instrument; and (d) takes such action as Lender ma.y reasonably requíre to assure that Lender's mterest m the Property and rights under this Security Instrument, and Bonower's obhgation to pay the sums secured by this Security Instrument, shall contmue unchanged. Lender may require that Borrower pay such remsíatcment 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 msbtu1J.on whose deposits arc msured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obhgations secured hereby shall remam fully effective as if no accelerat10n had occurred. However, tbis right to reinstate shall not apply in the case of acceleration under Scx:1J.on I ß. 20. Sale of Note; Change of Loan Servlcerj 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 m the enuty (known as the "Loan Servícer") that collects Periodìc Payments due under the Note and thiS Security Instrument and porfunns other mortgage loan servicing obhgatLons under the Note, thiS Secunty Instrument, and Apphcable Law. There also rmght be ODe or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Semcer, Borrower will be given wnUen notice of the change which will state the name and address of the new Loan Semcer, the address to which pa.yments should be ma.de and any other information RESPA requires m connec1J.on with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is servlced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan semcmg obhgations to Borrower will remain wíth the Loan Semcer or be transferred to a. successor Loan Servicer and are not assumed by the Note purchaser unless otheIW1se provided by the Note purchaser. Neither Borrower nor Lender may commenoe, JOm, or be jomed to any judlciala.ctìon (as either an Individual litigant or the member of a class) that arises ftom the other party's actions pursuant to this Security Instrument or that alleges that the other party bas breached any provision of. or any duty owed by reason of, thís Security Instrument, until such Borrower or Lender has notified the other party (with such notice given m compliance with the reqwrements of SectJ.on 15) of such alleged breach and afforded the other party hereto a reasonable penod after the giving of such notice to take corrective action. If Applicable Law provides a bme penod which must elapse before cettam action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. Tbe notice of aoceleration and OppOrtunIty to cure given to Borrower pursuant to Section 22 and the notJce of acceleraûon given to Borrower pursuant to Scx:tion 18 shall be deemed to sattsty the nonce and opportunity to take corrective ac1J.on provisions of this Section 20, 21. Hazardous Substances. As used 10 thIS Section 21: (a) "Hazardous Substances" are those substances defined as toXIC or hazardous substances, pollutants, or wastes by EnVIronmental Law and the followmg substances: gasolme, kerosene, other flammable or toxic petroleum products, toxic pestJ.cides and herbiCides, volatile solvents, materials contammg asbestos or formaldehyde, and radioactive materials; (b) "BnVll"onmental La.w" means federalla.w& and laws of the junsdtcbon where the Property is located that relate to bealth, safety or enVironmental protection; (c) "Enviromnental Çleanup" includes any response actJ.on, remedial act1on, or removal act1oo, as defined in EnV1fODJIlental Law; and (d) an "Environmental ConditJ.on" meansacondinontbat can cause, contribute to, or othefWlse tngger an EnVlIOnmental Cleanup. ~=ING . SlrVe Famllv - Fa,,"ia MalllFreddla Mao UNIFORM INSTRUMENT WoIIenI Kluwer Flllanolal S.....1œs ~ Fonn30511101 . I VMP6(WV) (0808).00 Inilla "-\Ia13 òllG ----.._~..._---_._-_._--- -- _u .___.__.__.~______~_ _ 000033 Borrower shall not cause or pennit the presence, use, dISposal, storageþ or release of any Hazardous Substances, or threaten to releaae any Hazardous Substances, on or in the Property. Borrower sha1l not do, nor allow anyone else to do, anything affcctmg the Property (a) that 18 in violauon of any EnVironmental Law, (b) which creates an Environmental Conditlon, 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. Tho precedIng two sentences shall not apply to the presence, use, or storage on the Property of small quantiùes of Hazardous Substances that are generally recognIzed to be appropriate to nonna! residential uses and to mamtenance of the Property (including, but not limited to, hazardous substances m consumer products). Borrower &hall promptly gtve Lender written notice of (a) any invcsûgabon, cl8Jm, demand, lawS1,lit 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 leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remed1ation of any Hazardous Substance affectmg the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obbgation on Lender for an Environmental Cleanup. 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 acceleration under Seçtion 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 Ie.. than 30 days from the date the notice is given to Borrower, by which the defaùlt must be cured; and (d) that fallure to cure the default on or before the date specified in the notice may result In acceleration -.f the SU1DB secured by this Security Instrument and sale of the Property. The notice shaD further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-nistence 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 AppUcable Law. Lender shall be entitled to conect an expenses incurred in pursuing the remedies provided jn this Section 22, including, but not limited to, reasonable attorneys' fees and wsts 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 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to an expenses of the sale, inc.inding, but not limited to, reasonable attorneys' fees; (b) to all mmssecured 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 shall release thiS Security Instrument Borrower shall pay any recordation costs. Lender may chatge BOlTOwer a fee for ~~G - Single Family - Fannie MaeIF..ddlø Mao UNIFORM INSTRUMENT Woltenl Kluwar Rnanmøl Sørvlo.. (i4 Form 80511101 . VMPII{WY (0803).00 Inltlel.,. Page 14 of 18 00ô034 releasmg tlus Security InstIUment, but only if the fee is paid to a. third party for serviees rendered and the chargmg of the fee is permitted under Applicable Law, 14. Waivers. Borrower releases and waives all rights under and by vutue of the homestead exemptlon laws of Wyoming BY SIGNING BELOW, Borrower acCcpÚl and agrees to the terms and covenants contained in this Security Instrument and m any Rider excC'Uted by Borrower and recorded with it. Witnesses: (Seal) -BoIl'Ower (Seal) -Bcm:ower (Seal) ·BomJwm WYOMING· Single Femlly - Fennle Mee/FrBddle Meo UNIFORM INSlRUMENT VMF'S WaI.... Kluwer Anendal SeMon ~~¡¿ (Seal) -BOJ1'Ower BRIAN G KIRK u~ ,ßl.k --1M (Soal) IfENDY S -KIRK -BOJ1'Owe¡: (Seal) -BOJ1'Ower (Seal) -BOIIOWIII: (Seal) -Borrower atr Form 3081 1/01 VMPBMY) (0803).00 Inlillle, , Page 16 of 18 ÜOG035 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 21S~ day of JANUARY, 2009 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersIgned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to WELLS FARGO BANK, N. A. (the "Lender") of the same date and covermg the Property described in the Secunty Instrument (the "Property"), which is located at 428 WHEELEl\ MAD, BEDFORD, WI 83112 [Propmty Address] In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the fonowmg. 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for BOIIOwer's exclusIve use and eDJoyment at all tImes, and. shall not subject the Property to any tJmeshanng or other shared ownership lI1T3.l1gement or to any rental pool or agreement that reqwres Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property, 8. Borrower's Loan AppUcation. Borrower shan be in default if, during the Loan applicatlOn process, BOlTOWer or any persons or entities actIng at the dIrection of Bonower or with BOITowcr's knowledge or consent gave t;I1aterially faLse, mislead1ng, or maccurate informa.t.ton or statements to Lender (or failed to províde Lender with material information) In connection with the Loan. Material representations include, but are not linuted to, representations concerning Borrower's occupancy of the Property as BOITower's second home. 0095043139 MULTISTATE SECOND HOME RIDER- SlngJe Family _ :;:~:~_UNFORM~ji_li·~-'~1 OOû036 BY SIGNING BELOW, Borrower accepts and agrees to the terms and proviSions contamed in t1us s~~ J~ ~ -t ~ (Seal) BRIAN G KIRK - BOI1'IIWer (Seal) . BOIrowar (Seal) -B=w~ (Seal) - Borrower -'-365R (0011) tk~ ,¡fPL.-t.Z.Soal¡ WENDY S - RK - 8<m:owar (Seal) . Boaow« (Seal) . Bœrower (Seal) - BOIroWllr Page 2 of 2 Form 3890 1/01 úOô037 tAl \ .Ço,~n-; (Á.- STATE O~~...'6M1NG, 'l1m instrument was acknowledged beforc me on January 26, 2009 by BRIAN G :KIM. AND WENDY S ALBBRS-RlEU< Cou.nty 5S: A(Y\.(;~ <Ì-tJ \r My Commission Expires: D ,I ~ù I7....C \ \.) k '--fhldlJ.~ ~ Tido (and Rank) ~-------------1 SARAH M. DUARTE 1 ".; commtsalon # 1641994 $ .. . HatalY Public . Callfomla ~ t· AmadorCoun~ My Comm. expires Jon 30. 2010 ~J~ING - Single FIIIIIRy - Fann!_ MaelFr1Iddle Mac UNIFORM INSmUMENT Wolle,.. Kluwer FlnarICl_1 SalVi..... ~ Farm30511101 VMPDf^'Y) (0lI031.00 Inltlale" Pille 16 of 18 000038 Exhibit A File 6010817421 Description The land referred to In this document IS sItuated m the State of Wyonnng, COW1ty of Lincoln, and 18 described as fol1ows~ That part of the Northwest Quarter of the Southwest 'Quarter of Section 11, Townsblp 33 North, Range 118 West of the ÓII.P.M., Lincoln County, Wyoming, it being the lutent to more correctiy describe that tract of record in the Office of the Clerk of Lincoln County in Book 178PR on page 311, as follows: Beginning at a point on the West line of said Northwest Quarter of the Southwest Quarter, South OOoOS~07" East, 338.79 feet from the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence North 89°06'33" East, 659.98 feet to a point on the West line of that tract of record in said Office in Book 446PR on page 684; thence South 00D05'07" East, 430.19, feet along sald West line, to a point; thence South ff9°03'30" West, 659.98 feet, to 8 point on the West Bne ofsald Northwest Quarter of the Southwest Quarter; thence North 00°05'07" West 430.77 feet, along said West line to the point of beginning. Initia1S~