HomeMy WebLinkAbout8748808727226 h~CM-3051~C-! 3~.~
1919 DOUGLAS,, OMAr, N~
681010000
-[S~ce Abnve Tld~ Lh~e For Rc~or~l~ P~ta]
MORTGAGE
DEFINITIONS
Words used in multiple s~:ction$ of this documcmt are defined below and other words are defined in
Sections 3, 11, t3, 18, 20 and 21. Ccrtaln rules regardlng the usage oF words used tn this document m'e
also pr{}¥ided in Sectton 16.
(A) "Security Instrument" means This document, which is daced,7'd'h'I 28, 2OOl
together with all Riders tu this document.
(B) "Borrower" is DAVID v HlrNT , A MARRIED PERSOI'; Al, ID LIN'DA IZCSUJLLIN , A
M.%.RR I ED PERSON
Borrower is the mortgagor under Ibis Security Inst?ument,
(C) "l,ender" is WELLS FARGO HOME I{O~TGAGE, INC.
Lender i~ a CORPORATION
organiT, cd and existing under thc laws o~' THE STATE OF CALIFORNIA
WYOMING-Singm FamNy. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~erm 3051 1/0~
Lender's address ~s P.O- Box 5137, DES MOIls-ES, IA 503065137
Lender i,~ the mortgagee under this_ Security Instrument,
(D) "Note" me,ms the promissory note signed by BorroWer ~d dated JuLY 26, 2001
Tht~ Nam states that Borrower owes l~mder s~vE~z T~s~ ~ 00/100
Do}Iar~
(U.S. $ *** ~,7 o, o o 0. o o ) plus interest, Bo~ower h~s promised to pay this dcht in regular Periodk
Payments and to pay the debt in full not later thru AUGUST 0l, 201~
(E) 'l~operty" me~s ~e propemy the is described below under ~he heading 'Transfer of Righ~ in ~he
Property."
(F) "Loan" means the debt =videnced by the Note, plhs inter,st, any prepayment charges and late cMrges
due und~ lllc Note, and all sums due under thi~ Security Instrument, plus imeres:.
(G) "Rides" mem~ ~l Rid~ ~o this Se~rity Instrument tMt are exe~ttud by Borrower. The following
Riders are to be execute8 by Borrow~ [cBegk box as applicable]:
~ Adjustable Rate Rid= ~ Condominium Ri~= ~..~ Second Home Rider
~ Balloon Rider ~ Pl~ned Unit Development Rider ~ I-~ P~!y Rider
[.i'J VA Rid= (~ Biweekly Payment Rid= L2 Other(s> [.wecify]
(ltl) "Applicable Law" means alt controlling applicable federal, state and local stalute,, regulaions,
ordinances and administrative rules and orders (that have the eft'cc[ of law) as well as ali applicable final,
non-appealable judicial opinions.
(I} "Community Association Dues, Fees, and Assessments" means all dues, fees, assessmcnt~ and other
charges ti~at are imposed on Borrower or the Property by a condolrSnium a-qsociation, horncowners
association or similar organization,
61) "Electronic Funds Trarttfer" means any trmtsfer of t'unds, other than a transaction orlginated by
check, draft, or similar paper inslrument, which is initiated througl~ mn electronic terminal, telephonic
instrument, computer, or magnetic tape SO as to order, instruct, or authori7~ a financial institution to debit
or credit ,'m account, Such. term includes, but is not limited to, point-of-sale transfers, automated teller
machine tran~ae'tions, transfers initiated by telephone, wire transfers, and automated clearinghouse
trines furs.
(K) 'E.qcrow Items" me~s those items that are described in Section 3,
(L) "Miscdlancous Proceed.q" means any compensation, settlement, award of d;unages, or proceeds paid
by any third party (other than ins~rt:ulce proceeds paid under the coverages described in Sec-lion 5) for: ti)
darrmge m, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions a.q to, the
value ,'md/or condition of thc Properly.
tM) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
tN) 'Periodic Payment" means the regularly scheduled amount due for ti) principM m~d interest under tl~e
Note, plug (ii) any amounts under Sect[on 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) ."md its
implementing regulation, Regulation X (24 C,F,R. Part 3500) as tile), might be amended from time to
time. or any addiliona[ or successor legislation or regulation that governs tile same subject matter. As usc~.l
in this Security Instrument, "RESPA" refers to all requirements and restrictions tiler are imposed in regard
to a "federally related molqgage loan" even if the Loan does not qualify as a "federally relaled mar:gene
loan" under RESPA. -
(P) "Successor in Interest of' Borrows" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Nolo and/or His Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lendc~r: (i) the re-payment of the Lorn, and ali renewals, extensions Nd
modifications of the Note; and (ii) the performance of Borrower's covenants and agreemen~ under this
Security Instrument and ~he Note. Per this purpose, Borrower does hereby mortgage, grant mad convey to
l.ender and Lender's successors and a.qsigns, with power of sale, the following described property located
in tile col3ICrY el LINCOLI~I :
LOT l OF MOOSE FA.NOR ~$TATE8 Sl/BDIVISION, LINCOLN' COUlqTY, WYOMINGI AS
DESCRIBED ON THE OFFICIAL PLAT THEILEOF
TAX STATEMENTS SHOULD B~ SENT TO: WELLS FARGO HOME MORTGAGE, INC., P.O.
BOX 5137, DES MOIN'ES, IA 5030~5137
Parcel 1D NumbL'r: I-2- o o-530 which currently has the address of
.9'3 MOOSE F-_..kNOR (5:rcctl
AFTON [City] , Wyoming S 3110 [Zip Cod~]
(" Propm'ty Addrcs.q"):
TOGETHER WITH all the in~provemem~ now or hereafter erected on the property, ~d Mi
ea.~mnenls, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additiom~ shMt also be covered by this Security Instrument. Ail of the foregoing is roi'erred to in this
Seca~ rity Instrumeat as the "Property."
BORROWER COVENANTS that Borrowm' is lawfully soled of ~he estate hereby conveyed and
the fight to mortgage, grant and convey thc Property and that the Property is unencumbered, except for
c~]cumbrances of record. Borrower warrants and will defead generally the thio to the Property against all
claims and dem,'mds, subject to [u%y encumbrance~ of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uni,~brm
covenants with limhcd variations by jurisdiction to constitute a uniform ~curity instrument covering real
.property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Inlerest, Escrow Item.% Prepayment Charges, and Late Charges.
Borrower shall pay whoa due the principaI of, ~md interest on, the debt evidenccd by the Note and uny
prepayment charges and late charges due under the Nom. Borrower shall also pay funds t'or Escrow hems
pur~am to Section 3. Payments due under the Note and this Security Instrument shall be made in
currency. Ilow~w. it' any check or other instalment received by Lender as paying.mt under the Note or
(~.6(WY) (oo051 ~ 3 ,¢ ~ $ ~'~I Form 3051 1/01
Security Instrument is returned rd Lender unpaid, Lender may require that any or all subsequent payments
due under tl~e Nolo and this Security Instrument bo made in or~c or more of the Following form~,
select'cd by I.cnder: (a) ca.,h; (b) money order; (c) certified check, bm~k check, treasurer's check or
cashic'r's check, provided. Ny such check is drawn upon an institution wl~ose deposits are insured by a
federal ago'ney, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments arc deemed received by Lender when received a~. the location designated itl the Note or at
such other location as may be designated by Leader in aecord~ce with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or panini payments are insufficient to
bring the Lom'~ current, Lcnder m.'~y :~ccepr any payment or partial payment insufficient Ia bring thc Lom't
current, without waiver of any righ, r5 hereunder or prejudice to its r/ghts to refuse such payment or partial
payments in the future, but lander is no[ obligated lo apply ~uch payments at. the time such paymc-nt~q are
accepted. If each Periodic Payment is applied au of its scheduled due date, then Lender need not pay
inlcrcs[ on unapplied funds. Lender may hold such unapptiexl funds until Borrower m~es payment Ia bring
tl~e Loan currm]t. It' Borro',w:r docs not do so within a reasonable period of time, Lender shall chher apply
such funds or return them rd Borrower. If not applfed e:~.rlicr, such funds will bc applied to the outstanding
principal balance under the Note irnmediatcly prior to foreclosure. No offset or claim which Borrower
might have now or in :ho future against Lender ~hall relieve Borrower from making payment.s due under
thc Note m~d this Scour[fy Instrument or performing the cow.taunts and agreements svcured by this Security
Instrument.
2, Application o.~ Payments or P'rocctfls. Exc~.'pt as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the. following order of priority: (a) interest
due under the Note; (b) principal due ~.lnder the Note; (c) amounts due under Section 3, Suclx payme,ts
shall be applied to cae3. Periodtc Payment in the order in which it becmne due. Any rcwnaining ~mounts
shall be applied first to late charges, second to any other a.mounts due under this Se~r[:y Instrument, and
lho'n to reduce the priactpal balance of the Note.
If l..cndcr receives a payment Iron Borrower for a dclinquc-nt Periodic Payment which includes
svtflScienr amount to pay any late charge due, the payment may be applied to the delinquent payment and
thc late cha.rge, If marc than one Periodic Payment is ouk~Landing, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, ~nd to the extent mat, each payrncn: can he
paid in full, To thc extent that ~y excess exi~L~ ag. er the payment is applied to thc full payment of one or
more Periodic Payments, such cxce.q.q may be applied to any late charges due, Volunr,~ry prcpaymcms shall
be applied first to ~y pre.~ayment c/cargos and then ~ described in the Note
Any application of pa>meats, insurance protocol.,, or Miscellm~eous Proceeds to principal duc under
the Nt'}te shall not extend or postpone thc due date, or change the amount, of the Periodic Paymen',s,
3, Funrt.,~ rot Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are clue
under the Note, uluil thc Note ~s paid in full a sum (the "Funds") to provide for payment of amounts
for: (a) taxes and a~sessments and other items which can attain priority ovc'r this Security Instrument as a
lien or encumbrance on :he Property; (b) leasehold payments or ground renls on the Property, if' a.ny; (c)
prmntums for any and all insurance required by Lender undc"r Section 5; and (d) Mortgage Insur,nnce
premiums, if m~y, or ,'my sums payable by Borrower to Lender in lieu of thc payment of Mortgage
hxsurance premiums in accord,'~nce wirl~ the provisions of Section 10. These items are called 'Escrow
Irene." A~ origination or at any time during the term of the Lo,'m, Lender may require that
Association Dues. Fees. and Assessments, if any, bo escrowed hy Borrower, ~d such dues, fccs and
assessments ~hall be an Escrow Item, Borrower shall promptly furnish to Lender MI notices cf ,'unounts to
be paid under this Section. Borrower shall pay Lender il'to F~md$ for Escrow Items unless Lend,r
Borrower's obligation to pay the Funds for any or all Escrow Item~. Leader may waive Borrower's
obligation to pay t~ Lender Funds for any or ali Escrow Items at any time. Any such waiver ~ay only be
in writing. In the event of such. waiver, Borrowc. r shall pay directly, when and where payable, thc amount.q
duc for any Escrow Items for which payment of Funds has been waived 5y Lender ~d, if Lender requires,
shall finnish to l oender receipts evidencing such payment within such dmz period as Lender may require,
BorroweFs obligation to make such payments m~ct to provide r~ccipts shall for all purpo.~es be deemed to
be a covm~ ~nd agreemem contained in this Security Ins[rument, as the phrase "covenant and agreement"
is used in Section 9. It' Borrower i~ obligated to pay Escrow Irene direclly, pursu,'mt to a waiver, and
Borrower fails to pay the amount duc for an Escrow Item, Lender may exercise its rigM~ under So.ion 9
and pay such tunount and Borrower 'shall then be obligated ureter Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accord,ncc wilh Section 15 and, upon such revocation, Borrow~ shall pay to Lender all Funds, and in
such amount.s, that are then required under this Section 3,
Lender may, at any time, collect and hold Funds in an ammmt (a) su flicic'nt to permit Lender to apply
the Funds at the lime specified urMer RESPA, and (b) not to exceed the rtwtximum amount a lender can
require under RESPA. Lender shall estirm~te the amount of Funds de: on thc basis of current data and
reasonable estimates et' exper~ditures of future £scrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in a.t~ institution whose deposits arc itzured by a federal agency,
instmmtmtality, or entity (including I.ender, if Lender is an institution whose deposits are so insured) or in
~my Federal Home Lo,xn Bank. Lender shalI apply lhe Funds to p~y the Escrow ltcrmq no later than the time
specit'icd under RESPA. Lender shall not charge Borrower far holding ~nd applying the Funds, annually
t'dmlyzing thc escrow account, or verirylng the Escrow Items, unless Louder pays Borrower interest on tl~e
Funds ,'md Applicable Law pcrrniLs Lender to make such a charge. Unless an agreemc'nt i~ made in wfidng
or Applicable Law rcqulres interest to be paid on the Funds, Lender shall not be required to pa>' Borrower
any int,.vest or earnings on the Funds. Borrower and Lender can agree in writing, however, ~hat interest
shall be paid an the Funds. l_.cnder shall give ~o Borrower, without charge, an ;mnua[ accounting of the
Funds as requirrd by RESPA.
It' there is a r,~rplu$ et' Funds hcld in escrow, a.q defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
a.s defined under RESPA. Lend~'r shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender thc amount necessary to make up the shortage in accordance with RESPA, but [n no more than 12
monthly paymmts. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender ~ha[l
notify Borrower as required by RESPA, and Baa'ewer shall pay to Lender the amount necessary [o make
up the deficiency in accordance with RESPA. but ia no more than 12 monthly payments.
Upon payment in full et~ all sutns secured by this Security Inslrument, bender shall prompdy refund
to Borrower any Funds held by Lender.
4. Chargc~; Liens. Borrower shall pay all t.~es, asse.qsments charges, fines, and impositions
attributable to thc Properly which can attain priority over this Security Instrument. lca.qehold paymems or
ground rents on the Property, if any, and Cotmrmnity Assnciation Dues. Fees. ar.d Assessmcnt.q. if any. To
tl~e extent that these items nrc Escrow Items, Borrower shall pay them in tile manner provided in Section 3,
Borrower sh}dl promptly discharge any lien which has priority over tiffs Securky Instrument unless
Borrower: (a) agrees in writing to the payment of, the obligation secured by the lien in a ~'mner acccptable
to Lender, but only so long as Borrower is performing such agreement; (b) contest's thc lien in good fa[th
by, or defends against enforcement of the lien in legal pro¢ccdings which in Lender's opinion operate to
prevent thc enforcement of thc lien while those proceeding, are pending, but only until such procee¢ling~
are concluded: or (c) secures from the holder of the lien 2m agreement satisfa~ory to Lender smbordinating
the lien to this Security Instrument. If Lender determines that any pm of the Property is subject :o a lien
which c:m attain priority over this Security Instrument, Lender may give Bm'rower a notice identifying the
\
lien, Within 10 days o~' the date on which that notice is given, Borrows shall satisfy the lien or take one or
moro or' the actions set forlh above in ~his Section 4,
Lender may require Borrower to pay a one. time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan,
5, Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on
Ihe Property insured against loss by fire, ha~'~rds included within the term "extended coverage," and any
other h~ards including, but not limited to, earthquakes ,'md lloods, for which Lendc, r requires insurm~ce.
This insurance shall bc m~intaincd in the amounts (including deductible level.s) and for the periods that
Lender requires. What Lendc-r require, pursum~t to the preceding sentences cml change during the
the Loan. The insurance carrier providing the insur,"mcc shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, wlfich right shall not be exercised unre~onably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time ehmge for flood zone
determination, cortification m~d tracking services; or (b) a one-tithe charge for flood zone determination
mid certification services and subsequent charges each time remappings or similar changes occur which
rea~o~bly miglxt r, ffect s,.~ch detcwmination or certification. Borrower shall £so bc responsible for the
payment of any fees imposed by the l::cdc~ral Eme'rgency Management Agency in connection wiM the
review of ~my flood zone determination resulting from an objection by Borrower.
If Borro~ver fails tu maintain any of the coverages described above, Lm~der may obtain insurance
coverage, at I.endcr's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of cowwage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, er the contents of the Property, against any risk,
haxard or liability and might provi'de greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of ~he insurance coverage so obtained might significantly exceed the cost of
innlrance that Borrower could have obtained. Any amounts disb=r, ed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Sorority In.qm~ment. These amounts shall bear interest
at the Note rate from the date of di.~bursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewab of such policie~ shall be subject to Lender's
right to dlsapprovc such policies, shall include a standard mortgage clause, and shall name lamdor
mortgagee and/or as an additional loss payee. Lend~.-r shall have the right to hold thc policies and renewal
certificate.s. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prc,'miums and
renewal notices. If Borrower obtains any form of insurace coverage, not otherwise required by I.cndcr,
for damage to, or destruction of, the Propca-ty, such policy shall include a standard mortgage clause and
shall n~ne Lender as mortgagee and/or as a~ additional koss payc'c.
In the event o~ lo.~s, Borrower shall give prompt notice to the insurance carrier and Lender. Lendc~r
may n'~qkc proof of loss il' not made promptly by Borrower. Unless Lender and Borrower othcrwls¢ agree
in writing, any insurm~ce proceed.q whether or Bdt tt~c underlying insurance was required by Lender, ~hall
bo applied to restoration or repair of tho Property, if thc restoration or repair is economically feasible and
Lender's security is not lessened. During such repair ~md ~s~.oration period, Lender shall have the right to
hold such insurance proceeds until Lender has hod an opportunity to inspect such Proptmy to ensure thc
work has boca completed to Lender's satisfaction, provided that such inspection shall bc uncler, aken
pr0rnptly. Lender may disburse proceed.~ for the repairs and restoration in a single payment or m a sones
of progress payments as the work is completed. Unles; an agrcemeut is made in writing or Applicable Law
reqnires intcwcst to be paid on such insurance proceeds, Lender shall not be required :o pay Borrower any
interest or e~r'nmgs on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of d'~e insurance proceeds and sh~dl be the solo obligation of Borrowor. If
the restoration or repair is not economically fea4hle or Lender's security would be lessened, the insurance
proceeds shat1 he applied to the surn~ secured by this Security Instrument. whether or not ¢,cn due. with
tho cxce-qs, iff an),, paid to Borrower, Such insurance proceeds shall be applied in the order provided for in
Secxion 2.
If Borrower abmdons the Property, I.ender may file, negotiate m~d settle any available insurance
claim :,nd related matters. If Borrower doe, not respond within 30 days to a nolice from Lender that the
insurm'me carrier has offered to settle a claim, then Lender may negotiate and settle the claim. Thc: 30-day
period will begin when tho notice is given. In either event, or if Lender acquires the Property under
Section 22 or oUberwise, Borrower hereby a~signs to Lender (a) Borrower's righls ~o m~y insurance
proceeds in an ~nount not to exceed the amount.~ 'unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
BOrrower) under all insurance policies covering the Property, ir~ofar m~ such rights are applicable to the
coverage of the Property, l.cnder may use the insurance proceeds either to repair or restore the Property or
to pay ,'unounts unpaid under the Note or this Security Instrument, whether or not than due,
6. Occupancy. Borrower shall occupy, establish, and use hhe Property as Borrower's principal
residence within 60 days after tho execution of this Security Instrorm.,'nt and shall continue to occupy the
Property as Borrower's principal residence for at least one year after, the d~tc of occupancy, unless I.cnder
othcrwi.~e ngrt.~ in writing, which consent shall not be um'easonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preqervation~ >Iaintenance. and Protection of the Property; Inspections. Borrower shall not
destroy, danuqge.or impair the Property, allow the Property to dctcriorate or cormnit waste an the
Property. Whether or not Borrowc~- is residing in the Property, Borrower shelf maintain thc Proper~y in
order to prcwcnt the Property from deteriorating or d¢crezqing in value due to its condition. Unless it is
determined pursuant m Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged ~o avoid furd~er deterioration or damage, If insurance or
conderrmation proceeds are paid in connection with damage to, or the taking of, thc Property, Borrower
shall be responsible for top,ring or restoring the Property only if Lender ha.q released proceeds for such
purposes. Lender ri'my disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as thc work is completed. If the insurance or condemnation proceeds are not suftbcient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
. Lender or its agent may make reasonable entries upon m~d inspections of ~e Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application, Borrower shall be in default if, during the Ix, an application
process, Borrower ar ~qy persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate inibrrm'~rion or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan, Material
representations include, but art: not limited to, representations concc,'ming Borrower', occ~p,'a, ncy o? the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property nnd Right.~ Under this Security Instrument, If
00 Borrower hils to perform the covenants and agreemem, s 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 b,'mkr~ptcy, probate, for condom.nation or forfeiture, for
euforec'mcnt of a lien which may attain priority over this Security lnstrurntmt or :o enforce laws or
regulations), or (c) Borrower has abandoned thc Prooerty,. then Lender may do and pay for whatever is
rea.qonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument. including protecting ,'md/or assessing file value of the Property, ~d sccurin=_ and/or repamng
the Property. Lender's actions cml include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument: (b) appearing in count and (c) paying rear, enable
Forr~ 3051 1/01
~ttornoys' fees to protect its imorcst hx ~he Prop~y ~d/ot right~ unde~ ~h~s Sc~rky Ins~ru~cm, including
its secured posit]on ]~ a b~nkmpmy pro~ding. Se~ng ~hc P~oper~ includes, but is not limh~
entering ~ho Prop~r~y to m~e rep~s, ch~g~ lo~ks, ~pla~e or board up doors and windows, d~a~n
fi'om pipc~, eliminate bu[~dh:g or other code v~olad~ns or d~gctou~ conditions. ~d have utilid~ mined
on or off. Although ~ndur ~y ~z ~cfion under this Sccdon 9, ~nder does not have ~o do so ~d is
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not t~ing any or ail
actions authorized under fl]is Section 9.
Any ~ounts disburs~q by Lender under this SeaSon 9 ,halt become additional debt of Borrower
secured by ~is S~rity Ip~[mment. q%cse mnounts shall bear intere~[ at the Note rate from t!~e date
disbursmuent ~d s~ail be payable, wi~ such intercst, upon notice from ~nder to Bo~ower requesting
payment.
If this Security Instrument is on a leas~old, Borrower ahall comply with all the provision, of the
lease. If Borrower acquir~ fee title to the Property, the leas~old anti thc fee rifle shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage lxquranee, If Lender requi~d Mortgage lama%ce as a condition of making the Loa~,
Borrower sN7ll pay the ore~ums required to mainmin the Mmlgage Insuraee in effect, lf, for ~y rea;on,
the Mortgage Insurancdco~c~age required by Lender ceases to be available from the mortgage insurer that
prcwiously provided such insurance anti Borrower w~ required to m~e separately designated payrolls
toward the prcmiun~ for Mortgage huurance, Borrower shall pay the p,'emiums rcquir~ ~o obtain
coverage subst~tiaily equivalent to the Mortgage Iasur~ce previously in effect, at a cost subst~tially
equivalent to thc cost to Borrower or the Mortgage lnsur~ce previously in effecL 2om an
mortgage insurer selected by Lender. If subsr~ti~ly equivalent Mortgage Insurance coverage is not
avail~le, Borrower shal continue to pay re Lender the amount of the separately designated pay~=nts that
were due when the insureame coverage ceased to be in effect. Lcnduw will accept, use and retainthese'
payments as a non-reflmdable loss reierve in lieu of Mortgage l~uranee, Su~ loss rescue ~all be
mm-refundable notwithstanding ~e fact that thc Lo~ is ultimately paid in full, and I,cmdcx shall not be
required to pay Borrower ay interest or earnings on suck Ios~ rescue. Lender can no longer require loss
reserve payments if Mortgage Inmrance cov~age (in the mnount ~nd for ~e period ~at Lcnd~ requires)
provided by ~ insurer selected by l.ender again becomes available, is obmined, ;md L~der requires
separately designated payments towed the premiums tbr Mortgage Inmrance. If L~der required Mortgage
l~urance as a condition of ~king thc Lom~ ~d Borrowtw was required to make s~atcly designated
payments toward ~e premiums for Mortgage Insur~cc, Borrower shall pay [h,a premiums required to
maintain Mortgage Insur~ce in effect, or re provide a non-refundable loss reserve, until Lender's
requirement For Mortgage Insurance end~ in accordance with ~y wriiten agreement between Borrower gild
Lender providing for such termination or until ter~ffinadon is required b7 Applicable Law. No~ing in
Section 10 af~kcts Borrow~'s obligation to pay interest at thc rate provided in fl~e Note,
Mortgage Insurance rcimburs~ ~nder (or any misty that purehnsei ~e Note) for cetxain losses it
may incur if Borrower doe~ not repay the ~ as agreed. Borrower i~ not a party to the Me.gage
Insurance.
Mortgage insurers evaluate thdr term ri~ on all such insurmme in force from time re time, ~d may
enter imo agreements with other panics that share or modify d~eir risk, or reduce losses. ~ese agreements
are oil te~ nnd conditions flint are satisfactory to the mortgage insurer and thc other party (or parties) to
these agreements. %cst agreements ~my require the artBaSe i~urer to make paymmts using a~y source
of funds that thc momgage insurer may have available (which may include funds obkaincd 1Yom Mortgage
lmurm~ce premimxs).
As a result of these agreements, Lender, any purchaser of the No:e, mather insurer, any reinsurer,
any oilier entity, or any aHSliate aF any of the foregoing, may receive (directly or indirectly) amounL~ that
derive from for might be characterized gq) a portion of Borrower's pay~'nts for Mortgage Insurance. h~
cxOmnge for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of ~he il~rer's risk in exchange for a abate of thc
premiums paid to ~he i~urer, the artcngcmcnt ia oftmq lemled 'captive reinsurance.' ~'urtner:
(a) Any such agreements will not affect the amounts that Borrower has ugr~d 'to pay rot
Mortgage Insurance, or any oth~ t~ms or the l,oan. Such agreemmts will not incr~se the amount
Borrower will owe for Mortgage Imurance, and lhey will not entitle ~orrow~ to any refund,
Form30S1 1/01
(b} Any such agreement; will not affect the rights Borrower h'a.n - if any - with respect to the
Mortgage In~urnnce under the Homeowners P?ot~tion Act of 1998 or any other law, Thee rights
may include thc right to receive certain disclosures, to requ~t and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, ancUor to receive a
refund el' any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceed.~; Forfeiture. All Miscellaneou.~ Proceeds are hereby
assigned to and shail be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoralion or repot or
the Property, if the restoraion or repair
During such repair and restoration period, Lender shall have the right to hold tach Miscellaneous Proceeds
until Lender has had an opportunity to iaspect such Property to ensure the work ha.~ been completed to
Lendc'r's satisfaction, provided that such ir~pection shall be undertaken promptly Lender may pay for the
repairs ~md restoralion in a single disbursement or in a series of progress payments as the work is
completed. Unless an ~greement is made. in writing or Applicable Law requires Interest lo be paid on such
Miscel[ancou,~ Proceeds, Leader shall not be required to pay Borrower any interes~ or earnings on such
Miscellaneous Proceeds. If thc restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellancous Proceeds shall be applied to the sums secured by this Security h~trument.
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in ~he order provided for in Section 2,
In the c-vent of r, total taking, destruction, or loss ill value of the Prop~ty, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether er no: then due. with
the excess, if any, paid to Borrower.
In the event of z partial taking, destruction, or loss in value of the Property in whie_h the fair market
value of tile Property imn'tedintely before the partial taking, destruction, or loss in value t.q equal to or
greater than the amount of the surm secured by th. is Security lnstrmnent immcdiate!y before the partial
laking, desrru~ion, nr loss in value, unless Borrower ,'md Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by thc following fraction: (a) the total mount of the sums secured irmnediately before the
pm'rial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid lo Borrower.
In the eve~: of a partial taking, destruction, or loss in value of the Pmper~,y in which the fair nw~rket
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured in~-nediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the MLqcellaneous Proceeds shall be applied ~o the sum.~
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the
Opposiug Par~y (a~ defined in the next sentence) oft'ers to make an award to settle a claim for damages.
Borrower fails to respond to Leader within 30 days after the date the notice is given, Lender is authorized
to collect ,'md apply the Miscellaneous Proceeds either to restoration or repair of thc Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing P~ty' means the third party
thc: owes Borrower Miqccllaneous Proceeds or tile party against whom Borrower has a ri~t of a~ion in
regard to Miscellaneous Procccds. -
Borrower shall be in dclhult if any action or proceeding, whether civil or criminal, is begun that, in
Lendcv's judgment, could resuh in forfeiture of the Property or other m,~tt.'rial imoairment of Leader's
interest in the Property or rights under this Security Ir~trument. Borrower can cure kueh a default and. it'
acceleration has occurred, rmmqtate as provided in Section 19. 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 rial:ts under this Security Instrume:,~t, The proceeds of
m~y award or claim for damages that are attributable to the impairment of Lender's interest tn the Proper~y
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repmr of the Propc~v shall be
applied in the order provided 'for in Section 2. '
-61WY) 1ooo51 Pa,q~ofl~ Form 30ill 1/01
1~. Borrower Not Released; ,Forbearance By Lender No~ a Waiver. Exlension of the tim~ for
payment or modification of amortization of the ~ums secured by this Secu~hy Instrument grm~ted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to rclca.sc the liability of' Borrower
or m~y Succ~sors ia Interest of Borrower. Lender shah not be required to cormnence proceedings against
any Successor in Interest of Borrower or to ret'use to ~tend time for payment or otherwise modify
amortization or' the sums secured by riffs Security ln~trmr~nt by re,son of any d~.m'mnd made by the original
BorrOwer or ,'my Successors in Interest of Borrower. Any forbearance by Lender in cxc'~mising any right or
remedy including, without limitation, Lender's acceptance of payments from lhird persons, entities or
Successors in Interest of Borrower or in amounts less than tl~e mnount then due, shall not be a waivm, of or
preclude the exercise or' any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound, Borrower covem~nts
and agrees ~at Borrower's obligations and liability shah be joint and several. However, any Borrower who
co-signs this Security Instrument but docs not execute the Note (a "co-signer'): (a) is co-signing this
Security hmtrument only to mortgage, grant m~d convey the co-signer's interest in the Properly under the
terms of this Security Instrument; (b) is not personatly obligated lo pay the surn~ sutured by this Security
ln.~trument; anti (c) agrees that Lender and m~y other Borrower can agree to extra,d, modify, forbear or
make ~y ~ccommodations with regard to tl~e te~ms of this Security Instrument or the Note without the
co-signer's consent.
Subject ro thc provisions of Section IS, any Succeasor in Interest of Borrower who assumes
Borrower's obligations undc'r [his Security Instrument in writing, ~nd is approved by Lender, shall obtain
all of Borrower's rights anti benefits under this Security Instrument. Borrower shall not be relea~ed from
Borrower's obligations ,and liability under ~his Security Instrument unless Lender aerees to such relc-~qo in
writing. The covenanI~ and agreements of this Sccurky Instrument shall bind [except as pmvldcd in
Section 20) and bcnct'it the successors and assigns of Lender,
14. Loan Charges. L{.nndc. r ~m~y ohm'ge Borrower fees for services performed in cormection with
Borrower's default, for thc purpose of protecting Lender's interest in the Property and rights und~.v this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuaion fees.
In regard to ;my other fees, thc absence of express authority in this Security Instrument to charge a spccitk
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lander may not ohm'ge
fees that are expressly prohibited by this Sccurity Instrument or by ^pp[icable Law.
If the Loan is subject to a law which sets maximurn loan charges, and that law is finally intcrprclcd so
that ~he huerest or other loan charges collec~ed or to be collected in connection with the Lom~ exceed tl~e
permitted limits, then: (a) any such loan charge shatl be reduced by the amount necessary to reduce the
charge to the pennitred limit; and (b) any sums already collected from Borrowc'r which exceeded per,nitred
limits will bc refunded to Borrower. Lender may choose ro make this refund by reducing the prh~cipal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, tl~o
reduction will be treated as a partial prepayment wirhom any prc~paymcm charge (whed~er or not a
pnzpaymcnt charge is provided for under the Note). Borrower's acceptance of any such refund n~'~de by
direct payment to Borrowc'r will constitute a waiver of m~y right of action Borrower might have arising out
o.~' such overcharge.
15. Notice. Ail notices givcm 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 whc. n mailed by first class mail or when actually delivered to Borrower's
notice address if scat by ether means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law express, ly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a s-ubstiture notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's ch:rage of address. If lxmder specifies a procedure for rcmorting Borro,~,cr's
chm~ge of address, tl~en Borrower shall only report a chm~ge of address through tho s~eci.qed procedure.
There may bc only one designated notice address under this Security Iastrumen~ ar m~y one Iime. Any
notice to Lea0er shall be given by delivering it or by mailing it by firat cla.~s mail to Lender's address
aat~2d herein unless L~der h~ de,ignored another address by notice lo Borrower. Ary nouco m
connection with thi~ Security Instrument shall not be deemed to have been given to Lender u~tit aclually
r~ceived by Lendcr. If any notice .required by u'~is Security Instrument is also required under Applicable
Ins*rumcmt.Law' tl~e Applicable Law requirement will satisfy tho correspondiog requh'ement under this Security
(~'6{WY) (o0051 I'.uo 10 or 1, /ff'V~ Form 3051 1/01
1~, C,;ovem~ L~; Sev~rab~l~ty; Rul~ of ~o~tru~fiom Th~s Se~urhy Ins~mmm~; shall
governed by federal law m~ ~e law of the jurisdictio~ in whi~ thc Property is located, All rights
obligations contoined [n t~is Se~rity I~tmmcnt ar~ subject to ~y requirements ~d limitatien~
Applicable Law. Applicable Law m~t expl~cidy or implicitly ~llow ~hu parties to agree ~y contract or
might be silenh but such silence sl~l not be constraed as a prohibition against agreement by comract.
~he event that an7 provision or clause of this Security Instrument or the Note conflicts wit~ A~plicable
I~aw, such conllict shall nor affect other pmvisimu of thi~ Sorority Instr~eat or thc Note whi~ c~
given effect wiihout the conflicting provision.
As used ia ~is Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the lkminine gend~; (b) words in the ~ingular shall mean and
include the plur~ m~d v~ce versa; and (c) the word "may" gives ,ale discretion without ~y obligation
[~e any action.
17. Borrower's Copy. 8orrowcr ~1 be given one copy of thc Note nnd of thi~ Security Instmmm~.
18. Tran~er of the ~operty or a Bene~al Inter~t in Borrower. As use~ in ~is Secdon 18,
"lmercst in the Property" mean~ any legal or beneficial in,ernst in the Prop~ty~ including, but eot limiled
~o, [hose b~ut~ci~ intercs[q ftys[erred in a bond for dcmd, contract ~or deed, in.qrathnent sales contract or
escrow agrecmeur, the intent of which is tile [r~sfer of 5de by Borrower at a Cutere date to x
If all or m~y part of ~he Property or ~y Interest in the Propcmy is sold ar trines[erred (or if Borrower
is not a ~tural person and a beneticia[ interest in Borrower is sold or trines[erred) wit[out LcndcFs prior
written consent, ~ndcr may require hmediate pnymcn~ in ~11 of all sums ~e~red by this
h~strument. Howcver~ this option shatl not be cxc~cised by Lmder if such exercise is prohibited by
Applicable Law.
I~' Lender exercises this option, ~dcr shall give Borrower notice of acceleration. ~c notice sha~l
provide a pcxiod of not les, d~an 30 days from the date ~]~e notice is given in accordaace with Section 15
within which 8orrower mu.q pay ail su~ seared by this Security Instrument. If Borrow~ fails ~o pay
these sums prior to ~he expiration of this period, Lender may invoke ~y remcqics pernfitted by this
Security Instrument without [ut'tiler notice or demand on Bo~owc~.
19. Borrower's Right to Reinstate After Accel~ation, [f Borrowc. meets ce~ain
Borrower shall have ~e righ[ to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of ~e ~pany pursuan~ to ~y power of sale contained in
riffs Security Instt~cnt; (b) ~ch cth~ period mq Ap~Iic~ble Law might specify for thc termination
BorrowcFs right to reip~tate: or (c) entry o~ a judgment enforcing this Security instrument. Those
condition, are d~at Borrower: (a) pays Leander ~1 su~ which then would be due under *his Security
Instrument and the Note as il no acceleration had oc~rrcd; (b) ~res any dehult of any other covenams or
agreements; (c) pays all exposes incurr~ in enforcing this Security Instrument, including, but not timir~
to, re.enable attorneys' l~c.q, property ~nspection and v~uadon tkcs, m~d other fees in~rrcd for the
purpose of protecting Lmder'~ interest in the Property ~d ~ghts ruder ~his Security Inst~m~m~; m~d (d)
takes su~ action ~ ~nd~r may reasonably require ~ ~q~re that IAmd~'s interest in d~e Property
rights endow thi~ Se~rity Im~r~ment, and Borrows', obligation to pay fl~e sums se~red by this Security
lnstrumm~t, ~hall continue nnchanged. ~ndc~ ~y require thor 8orrower pay ~uch reinstatement sums ~nd
expenses in one or more of the foltowing for~, as selected by ~.nd~: (a) ca~: (b) money o~dc~: (c)
certified check, bank check, treasur~w's check or c~q~ier'~ check, provided a~y ~ch check is drawn upon
an imfimtion whose deposits are insured by a ~ederal agm~, instt~cn~ity or entity; or (~)
l~nds Transl~r. Upon ronstarement by Borrower, ~his Scarify Instrument md obligations secured hereby
shall re~in ~hlly effective as if no acceleration had occurred. However, this right to remsta:e shall not
appt7 in thc ease of acccl~at[on uader Section 18.
20, Sale or Not~; Change of l,oan Servicer; ~otice of Grievance. ~e Note or a pa~ial interest
tI~e Note (tngctl~ w~d~ this 5ccur2y Instrumcn0 c~ be sold one or moro times wi~our prior notice
Borrower. A sale might result ia a change in the entity (known as the 'Lo~ Se~'icer") that
Periodic Payments due under ~he Note and this Security Inst~ment ~d p~forms other mortgage loan
servicing obligation~ under the Note, this Security In~r~m~t, and Applicable Law There also m~ght be
one or more ch~ges of the Ix~an Se~icer unrelated rd a sale of the Nor~. If thee ~s a change or rl~e
Servicer, Borrower will be given written nor/ce or the ch~ge which will state the name m~d ad)r~s~, of the
nc~v ~m~ S~viccr. the address m which payments should b~ made m~d ~y ether informahon R~SPA
fo~m 305~ 1/01
requires ia connection with a notice of transfer of servicing. It' the Note is sold ~md thereafter the Lean is
serviced by a l.oan Servicer other than the purchaser of the Note, the mortgage loan se?vicing obligations
to Borrower will remain with the I.oan Servicer or be irons[erred to a successor Loan Servicer and arc. not
assumed by the Note purchaser unless otherwise provided by !.he Note purch.q;er,
Neither Borrower net Lender may commence, join, or be joined to any judicial action (mq either an
individual litigant or the member of a class) that arises from tlxe o{her pm'~y's actions pursuant to this
Security lnstrumcnt or that alleges that the other party has breached ~ny provision ol', ar any duty owed 5y
reason of, this Security Instrument, until such Borrower or Lender l~'~s nmified the o~er party (with such
nolice given in complim~ce with the requircmmxts of Section 15) of such alleged breach, and afforded thc
olher party hereto a reasonable period al'tot the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain ~tion c~n be taken, ~at time
period will be deemed to be reasonable for purposes of this paragraph, The notice of acceleration and
opportut.tity to cure given to Borrower pursu~mt.to Section 22 and the notice of acceleration g[vm to
Borrower pursuant to Section 15 sb. all be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
2'1, llazardous Substances. A~ used in this £ccrion 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous subsr,'mces, poltut~ts, or wastes by Environmental Law ~nd thc
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile so[vents, materials containing *.sbestos or lbrrn.qdehyde, and radioactive matcritls:
(b) "Environmental Law'" mc:ms federal laws and laws of thc jurisdiction where the Property is located that
relate to health, safety or environmental protection: (c) 'Environmetual Cleanup" includes any response
act[on, remedial action, or removal action, as defined in Environmental Law; and (d) an '~Environmental
Conditlon~ means a condition that c~ cause, contribute to, or otherwise trigger ~ F-..nvironmenta[
Cleanup.
Burrower shall not cause or permit the presence, use. disposal, storage, or release of any H~:'ardous
Substances, or threaten to release any Hazardous Substances, on or in the Property, Borrower sh211 not do.
nor allow anyone else to do, anything affecting the Propc.,rty (a) that is in violation of a~y Environmental
Law, (b) which creates an Environmental Condition. or (c) which, due to the presence, use, or r¢Icase of a
Hazardous Suhsta~me, creates a condition that adversely affects :he value of the Property, The preceding
two s¢~tcnces shall not apply to tl~e presence, usc, or storage on the ?roperry of small quantities ef
Hazardous Substances that are generally ~ccognized to be appropriate to normal residential uses :md to
maintenance of the Propc-rty (including, but not tirol:ed to, l~Tmrd~>us substances in consumer, products),
Borrower shal. l promptly give Lender written notice of (a) any investigation, claim, dern,~d, lawsuit
or other action by any govermnent~d or regulatory agency or private party involving, the Property and any
Hazardous Substance or Environmental Law ef which Borrower has actual knowledge, (b) any
Environmental Condition. iucluding but not limited to, any spilling, leaking, discharge, release er tlweat o?
release of :any Hazardous Substance. and (c) ;my condition caused by the prosence, use or release ct' a
llazardous Substance which adversely afIects tl~e value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, er any private par'~y, that any rcmovat er other remcdiation
of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein si'tall create any obligor on en
Leader ;tbr an Environmenlal Cleanup.
6{WY)(~oOSl ~*oo~of~5 '~-- Form 3051 1/01
NON-UNIFORM COVENANTS. Borrower and Lender fur[her covenallt and agree as folMws:
22. Aceeler-ation~ Remedies. Lender shall give no(icc lo Borrower prior to acceleration Following
Borrower's breach o~' any covenant or agreement in this Security Instrument (but not prior to
~ccelernfion under Section 18 unless Applicable Law provides otherwise). The notice sh.~ll specil'y: (a)
the det'ault; (b) the action required to cure lhe del'ault; (c) a date, not le.~.~ than 30 days from the date
the notice is given to Borrower, by which the det'ault must be cured; and (d) that rnilure to cure the
dcfuul( 0,2 or before the date specilqcd in the notice m~y result in accderafion or the sums secured by
this Security Instrument and sale o~ the Property. The notice shall further inform Borrower of the
right to reinstate a£ter acceleration and the right to bring a court action (o assert the non-existence
a defmflt or any other dd'm~se o~ Borrower to acceleration ~nd sale. If the default is not cured on or
before the date specirlcd in [he notice, I,ender at its option may require immediate payment in tull or
all sum.~ secured by (hJs Security Instrument without further demand and ma)' invoke the power of
sale anti any other rcmedie~ pernfitted by Applicable Law. Lender shall be entitled to collect
exper-~es incurred in pursuiug the remedies pro~ided in this Section 22, including, but not limited to,
reasonable attorneys' fee.~ and costs or title evidence.
ir Lender invokes the power or sale, Lender shall give notice o1' intent to foreclose to Borrower
and to the person in pos.~ession of the Property, jf different, in accordance with Applicable Law.
Lender shall give notice et the sale to Borrower in the manner provided in Secllon 15. Lender shall
publish the notice or sale, and the Property shall tm sold in the manner pr~crlbed by Applicable
Law, l,ender or its designee may purchase the Property at any sale, The proceecL~ o1' the sale sh.~ll
applied in the following order: (a) to all expenses of the sale, including, but not limited to,
re.a~onable a~torneys' £ee;; (b) to all sums secured by lhls Security Instrument; and (c) any excess to
the person or persons legelly entitled to it.
23. Release. L'pon payment of'all sums secured by this Security Instrument, Lender shall release tills
Security Instrument, Borrower sh,~ll pay any recordation costs. Lender may charge Borrower a fcc for
releasing this Security Instrument, but only if thc fcc is paid to a Ihird party for services rendered and the
chargiag of the fcc is permitted undc~r Applicable Law.
24, Waivers. Borrower releases and waives all rights unde'r and by virtue of the homestead
exemption laws of Wyoming.
Form 3051 ti01
BY SIGNING BELOW, Borrower accepts and agrees to tile terms mid covmtmn~s contained itt
Sccm'ity Instrument and ia m~y Rider executed by Borrower ~d recorded with
Witnesses:
~AVID V H~ -Borrower
LIN'DA MCI~/LL I N -Bermw~r
(Seal) (Se~D
(Seal) (Seal)
-Borrower -~rruwer
(Seal)
Form 3051 110~
STATE OF WYOMING, ,/-.~t ~.o/r9 County ss:
Thc foregoing instrument wa.s acknowledged before me thi.q o'xTh¥ 26, 2001
by D~VID V ~ ~ LI~A