HomeMy WebLinkAbout87744131501 MIITR'ESOTA DR. SUITE 200
Prepared By:
WELLS F~GO HO~ MORTGAGE, INC.
1~19 DOUGLAS,,
681010000
MORTGAGE
DEFINITIONS
Words used in multiple sections of this documcnt are defined below and ofllcr words ~re defined in
Sections 3, I1, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are
;~lso provided in Section 16.
(A) "Securi!y In.~trument" means this docmnent, which is datedl,rov'~,~m~ 13, 2o01
togetl~er with all Riders to ~his document. }
(B) "llorrower" i~ RALPH E GREENE III g KASSIE GRI~ENE , hUSBAND AND WIFR !'.
Borrower is the mortgagor under this Securi!.y lnstrumenl,
(C) "Lender" is WELLS FA.RGO ItOI~iE MORTGAGe., llgC.
Lender is a CORPORATION
org~izcxl ~nd existing under the laws et' Tg~ STATE OF CALIPORNIA
WYOMING-,qlnolo Famil¥-Famfie Mae/Freddie M~c UNIFORM INSTRUMENT ' Form 3051 1101
PaOn 1 of 15 .
VMP MORTGAGE FOflMS ' t000}~l-7~0~
Lender's address is F.o. aox 5137, DES 14OINE$, IA 50306S137
LePer is t~ mortgagee und~ t~s Security Instrum~m
(D) "Note" me~s the promissory note sig~ed by Borrower and dated~O~a ~3, 2o01
'l~te Note states that Bonowcr owes Leader ~IXTY O~ THOUS~ SEV~ ~RED FIFTY
00/100 Dollars
(U.S. $ * * *** 6 ~, ~ 50. o o ) pl~ intreat. Borrower h~ promised to pay this debt in ~gular Periods
Payments ~d m pay ~e debt tn full not lamr than ~C~ 0~, 20~
(E) .'~operty" ~s ~e property that is described below under the headh:g "Tr~sfer o~ Rights in the
Proper~y.'
(10 'Lonn' means the debt evidenced by the Note, plus imerest, any prepa~cm charges ~d late charges
due under ~u Note, ~ all sums due un&~ this Security I~trum~t, pl~ interest.
(~) "Riders" moms all Riders to this Sorrily Instmm~t thai are ~xe~ted by Bo~ower,;~e following
Riders ~c m be exuem~ by Barrower' [~eck box ~ applicable]:
~ Adjustable Rate gid~ ~ Condominium Rider ~.S~ond llome Rider
[~ Balloon Rider ~] 'Planed Unit De~dopment Rider ~ 1-4 Family Rider
~] VA Ri&x ~ B~weekly Payment Rider ~ Other(s) [specify]
(ti/ "Applicable Law" means ali controlling applicable fMeral, slate and local ~atutes, regulations,
ordlnmlces and administrative rules ~nfl orders (that have the effect of law) ~s well a.~ all applicable final,
non-appealable judicial opinions,
(I) "Community Association Dues, Fees, and Assessmenls' means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization,
(J) "EleCtronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instinet, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, poim-of-sale transfers, automat'cd teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(I,) "Miscellaneous Proceeds" means any compensation, settlem~mt, award of damages, or procecd.q paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) Ibr: ti)
damage to, t~r destruction.of, thc Property; (ii) con&m-marion or other taking of all or m~y part of the
Property; (iii) conveyance in lieu o1: condemnation; or (iv) ~nisrepresentations of, or omissions a.s to, the
value ~d/or condition of the Property.
(M) "Mortgage Insurance' means insurance protecting Lead.er against the nanpayment of, or default on,
the Loan.
tN) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrumenl.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulatiom Regulation X (24 C.F.R. Part 3500), as they might be mnendcd from time to
ta~e, or any additional or successor legislation or regulation Ihat governs the same subject, matter. As used
In this Security Instrument, "RESPA" refers to ali requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan docs not qualify.as a ~[t'celerally related mortgage
loan" under RESPA. .
(~-6{WYI Iooo~l i'a~e 3 o~ ~ ~ \~l~ Fo~m 3051 1/01
t,,.,~
(P) "Successor in ln'ter~t of Borrower" means any party that has taken title to Ihe Property, whether or
not tha~ party has assumed Borrower's ohl'igations under the Note and/or lhia Security Instrument,
TRANSFER. OF RIGHTS IN THE PROPEP, TY
This Security Instrument secures to Lend~,~: (i) the repayment of the Loan, Md all renewalS, extensions and
moddications of the Note; and (ii) the performance of Borrow~'s covenanu and agree~t$ under this
Security ln,,~trument and the Note. For this purpose, Borrower does hereby mortgage, grant ~d convey to
Lender and Lender's succe.g.'~ors m'td assigns, with power of sale, the following described property located
in the coLm'r~ of LXNCOLN :
BEt~INlqI~ ~99 FEET SOUTH OF TI, IR NORTHEAST COP. Iq'ER OF SECT'rON 15, T331'./
RllBW OF T~IE 6TK P.M., LINCOLN COUNTY, WYOMING & RUNNING THENCE WEST ~gS
FEET; THENCE SOUTh{ 185 FEETI THENCE EAST 198 FEET; TH~.NC~ NORTH 185 FE~T
TO THE POINT OF BEGIlq'NING.
THIS IS k PURCHASE ~0N~Y SECURITY IN/STRIYbfENT.
TAX STATEM~I~TS SHOULD BE SENT TO: WELLS ~ARGO HON]Z MORTGAGE, INC., P.O.
BOX 5137, DES MOINES, IA 503065137
Parcel ID Number: 0022500 which currently has tho address,of
4534 COUNTRY ROAD 123
BI~IDFORD [City] , Wyoming G3112 [21p Cod~l
("Property Address"):
TOGETHER ~ ~1 the improvements now or hereafter ~t~ on the prepay, ~d all
easc~U, nppun~an~s, and fixtures now t~r hereafter a patx of th~ property. All r~lacements and
additions shall ~so be covc~ed hy this Semrity lnstmm~t. All of ~e foregoing is referr~ to in this
Security Instrument as the "Property.
BORROWER COVENANTS
tho right to moflgage, grm~t and convey the Property and that the Property is unencumbered, except for
encumbrances of record, Borrower warrants and will defcmd g~erally Tl~e title to ~he Pmpeay against all
claims m~d demand, subject to ~y enembrances of record.
THIS SECURITY IN~RUME~ comb~es unilbrm coverts for nationfl use ~d non-unifo~
covmants with limited v~iations by jurisdiction to constitute a uniform s~udty instrument covering real
pmpefly.
~ UNIFORM COVENANTS. Borrow~ and l~md~ cov~nt ~ld agree as follows:
1. Payment of ~ncipal, lntcr~, Escrow lt~, ~epayment Charge, and Late Charge.
Borrower shall pay whcu due thc principat of, ~d interest on, ~u d~t evid~ed by the Note and any
prepayment charges and late ~arges d~ under the Note. Bo~ower shall also ~ay.funds for Escrow ltcms
pursuit to Section 3. Payments due und~ tl~e Note md ~is Sacuri~ Instrument shall be made in U.S.
currency. 'However, if any d~cck or o~her instrument r~ved by Lmd~ ~ pay~nt under the Note or this
Security h~stnm~c~t is ~turned to ~nder unp~d, Lender may require that ~y or ,11 subsequent pay~ms
du~ un&x ~he Note m~d this fie~urity Instrument bo ~de in one or more of the following for~, ~
8glo. led by Lend=r: (a) cash; (B) money order; (~) ~ified =he:~, 8an~ ~k, trea~rer's check or
~ashlor's d~c~k, ptovid~ ~y ~nch ~k is drawn upon an institulion who~e d~osi~ are insured by a
federal agency, instm~nulity, or entity; or (d) El~:tronie ~nd~ 'rrmufer.
P~y~mc~ are d~m~ r~c~v~ by LePer when reeeiv~ at fl~o loe~fion designated in the No~e or at
suoh other lo~ation ~ may be d~ig~ted by L~der in ae~rdance wi~ tho noti=e provi,ions in Section 15.
~nder ~y r~tttm ~y' paym~t or parti~ payment if ~e payment or p~ial payment~ ~'~ insufficient to
bring th~ Lo~ m~rr~=t. ~nder may accept ~y payment or p~i~ pa~t insufficient to bring the ~
~rrent. wiflmut waiwr of ~y righ~ hereund~ or prt~udiee to ~ rights to rehs~ su~ paym~t or panini
payments in ~l~e furze, but Lender is not oNigamd to ~pply ~ch p~ymenls m the time ~ paymmus are
accepted. If e~ch Periodic Payment is applied as of i~ scheduled duc date, them ~naer need not pay
interest on unapplic~ ~n~. LePer ~y hold such u~ppli~ ~nds until Bo~wer makes p{~ment to bring
the ~an currmt. If Borrower ~es not ~ so within a reasonable period of time, ~nder ah}Il either apply
su=h thnds or return ~cm to Borrower. If not applied earlier, such funds will be applied to ti~e outstanding
principal bronco m~der the Note imedialely prior to forecl°sure. No offset or claim whl~ Borrower
might have now or in ~e forum' against ~nder shall reli~e Borrower from m~h~g payments due under
tim Note ilBd this Se~rity Instrument or p~ror~ng the coverers md agreements secured by flxis S~ufity
Instant.
2. Application el Payment~ or ~oe~ds, ~cept ~ othe~ise de~ctib~ in this Section 2. ri
paymems dec.ted and appli=d by ~der shall be applied in ~he following order of priority: (a) iht=est
duc under the Note; ~) principal due under the No~e; (c) recounts due und~ Se~ion 3. Such payments
shall be applied to e~h P~iodic Payment in the order in which it becmae due. Any r~hfing amounts
shall b~ appli~ first ~o late charges, scc~d to any other mounts due ~der ~is Se~rity lnstm~m, m~d
lhen to reduce the principal balance of ~ Note,
If l~a~ re~ivea a paymcmt from Bo=ewer for a delinqu~t P~iodic ~cmt which includes a
suflicimll amount ta pay ~y late charge due, the paym~t ~y be applied m ~e delinqu~t pa~t ~d
the late d~ge. If more ~au one Periodic Paym~t is outstanding, ~nd~ ~y ~ply ~y paym~t received
from Bo~ower to ~c repayment of the Pc~0dic Payments if, ~ to the extent ~t, each payment can ~e
paid in full, To the extent ~at ~y e~ess exis~ afar ~e payment is appli~ to the full payment of dna or
more P~iodic Pa~en~, s~h ex.ss ~y be applied to any late charges due. Volunt~ prepay~na shall
be applied first to ~y prepaymcmt clu~rg=~ ~d ~en ~ described N the Note.
Any application of payroll, i~uranec proceeds, or Misccll~eou~ ProceSs lo pri=ipal due under
the Note'fl~all not extend or pestene the due date, or change the amount, of thc Pgi~ic Paymenls.
3. Fun~ for Es~ow Items. Bo~ower s~ll pay m ~nder on the day Periodic Pa~ are due
under the Note, nntil ~e Note is paid in fall, a sum (the "~nds") to provide far payment of ~oun~ due
for; (a) taxes ~d ~sessm~ anti other items whi~ cnn att~n pfiofl~ owx ~i~ Security hmtm~nt a a
lien or en~mbran~ on fl~e Property; th) leaehold paymen~ or ground rmts on the Property, if any; (c)
premiun~ for any and all insurm~ce required by ~ndet und'er S~ion 5; ~d (d) Mortgage Insur~ce
premiums, it' any, or ~y sums payable by Borrower .to Lender in lieu of the paymcmz of Mortgage
h~urance pt~iums in accor~ce with flxe provisions of Section 10. These ite~ ~e cfll~ "Escrow
Items," At origination or ut any time during the te~ of the ~an, ~n&x may require that Community
Association Da~, Fg~, ~ A,~cs~n~ts, if my, be c~ow~ hy Borrower, md su~ du~, fccs ~d
~scssments shall be an F~crow Ite~. Borrower shall promptly ~rni~h to ~ndor all notices of readouts to
be'paid under this Section. Borrower shall pay ~nder the Fund~ for Escrow .Items unl~s Lendcw waives
Borrower's oblig~tion to pay the ~nds lbr m~y or fll Escrow Itmm. ~nder may waive Borrower's
obligation to pay'm Lender Fm~ds for any or all Escrow Ite~m at ~y time. AnY such w~v~ ~y only be
in writing. In'mc event of su~ waiver, Borrow~ ,hall pay directly, when md where payable, the mnounts
-6(WY] Iooo~ ~ 4 ~f ~ ~iJ~ ~rm 305~ 1101
due for any Escrow Items for which payment of Funds has been waived by 1.coder and, if Lender requires.
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and ~greement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Seetioa 9. Ii; Borrower is obligated to pay Escrow ltcn~ directly, pursuant to a waiver, and '
Borrower fails to pay the amount due for'an Escrow Item, Lender may exercise its rights undc'r Section 9
and pay such amount and Borrower shall then bo obligated under Section 9 to repay to Lender any such
amount. I~ender may revoke the waiver :is to any or all Escrow Items at any time By a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, mxd in
such anaounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) suffieiem to permit Lender to apply
the Funds at the time specified under RESPA. and (b) not to exceed the maximum amo~.nt a lender can
require under RESPA. Lender shall estimate the anmunt of Fund~ due on the ba.qis of ~rrcnt data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be heM' in an in.qtitudon Whose deposits are inrured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposi~ are so insured) or in
any Federal Home Loan Bank. ~ndcr shall apply the Funds to pay the Escrow Items no later ~h,'m the time
specified under RESPA. Lender shall not charge Borrower for holding and npplyiug the Funds. annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make ~ueh a charge. Unless ,n agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings aa the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Ban-ewer, without charge, an annual accounting of the
Funds as required by RESPA.
It' there is a surplus of Funds held in escrow, as defined um'ter RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RF~SPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
l..under the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Ftmd.q held in escrow, as defined andre' RESPA, Lender shall
notify Borrower a~ required by RESPA, and Borrower ~all pay to Lender the amount necessary to make
up the detlciency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security hutrument, Lender shall promptly refund
to Borrower rely Funds held by Lender.
4, Charges; l,lens. Borrowc'r shall pay all taxes, assessments, charges, fines, mad impositions
attributable to the Property which can attain priority over this Security Instrument. leasehold payments or
ground rents on thc Property, it' .'my, and Corranunity Associ~alion Discs. Fees, and Assessments, ir any. To
the extent tliat these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower al~all promptly discharge; m~y lien which 'has priority over this Security Instrument unless
Borrower: (a) agrees, in wridng to the payment of the obligation secured by the lima in a rmanncr acceptable
to I..ender, but only so long as Borrower ia performing such agreement; (b) contests the lien in good faith
by, or del'c, nds against enforcement of the lieu in, legal proceedings which in Lender's opinion operate to
prevent the enl'orcernt.'nt o1' the lien while those proceedings are pending, but only until such proceedings
are l:oncluded; or (c) secures from the holder of the lien an agreement satisfactory m Lender subordinating
thc lien to this Security Instrument, If Lender deles'miata that any part of the.Property is subject to a lien
which can attain priority over thi~ Security Instrument, Lender may give Borrower a notice idc"ntifying the
film. Will, in 10 days or the date on whkh that notice is given, Borrower stu'dl satisfy tl~e lian or take oll¢ or
more of the actions set forth above in this Section 4.
Lender may rcquke Borrower to pay a one-fiine charge for a real estate tax verification ,'u~d/or
reporting service used by Lendc, r in connection with this Lo~,
~i. Property Insurance.' Borrower shall keep the improwments now existing or hereal'ter erected on
the Prop~'rty insured against loss by fire, hazards included wi~in the term 'h:~tended coverage," mid any
other hazard,~ includinll, but not limited to, earthquakes and floods, for which l.ezv, ler requires insurance.
This insurance shall be maintained in the amounts (including (lcductible levels) and for the periods that
Leander requires, What Lender requires pursuant to the preceding semences can change during the renu of
the Lo,tn. The insurance carder providing the insurance sMll be d~osen by Borrower subject to L~nder's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in ,"onnecfion with ~is Loan, either: (a) a one.-dme charge for flood zone
d~turmination, certification and trucking ser-,,ices; or (b) a one-dine charge for flood z&ae dcterminaion
and certification so.ices and subsequerit ~harge~ each time remappings or similar chon§es occur which
reasonably might ,-t£1'ect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Fedvral Emergency Managemeht ^gmtcy In connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any ct' the coverages described above, I. xnder may obtain insurance
coverage, at Lender's option and BorroWer's expo'nsc. Lender is under ~o obligation to purchase any
particular typo or amotm~ of coverage. Thercl'ore, such coverage shall cover Lender, but might or might
not pr. leer Borrower, Borrower's equity in the Property, or the contents of thc Property. against .',ny risk,
hazard or liability and might provide greater or lesser coverage than was previously in el'feeL Borrower
acknowledges lhat the cost of the insurance coverage so obtained might si§nificantly exce~ the cost
insurance that Borrower could have obtained. Any amounts disbursed by Lender undc'r this Section 5 shall
become Mdidonal debt of Borrower secured by this Security Ins~rumenc These amounts shall bear i.nterest
at the Note rate from the date of disbursement ,and sh~i be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lendur and re~.-wals of su~ policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Leander as
mong.'igee and/or as an additional loss payce. Lender shall have the right m hold Ihe policies and renewal
ccrliQcates, il' Lea~er requires, Borrower shall promptly give lo Lender all receipts of paid premiums and
r~.mewltl i~odees. If Borrower obtains ~ny form of insurance coverage, act otherwise required by bender,
for damage to, or destruction of, the Property, such policy shall include a s~andard mortgage clause and
shall t~me LeMer as mortgagee and/or as an additional loss pay~:c.
ht d~e event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proo~ o~ loss if not made promptly by Borrower. Unless I.ender and Borrower otherwise agree
itt writing, any insurance proceeds, whbther or not tho underlying insurancc wa required by Lender, shall
be applied to restoration or repair o[ tile Propc'rty, if. the res!oration or repair is economically feasible and
Lender's security is not lesaened, During such rt.,pair and restoration period, Lender shall have the right to
hold su 't:h insurance proceeds until Lender has had an opporlunity to inspc'ct such Property to ensure the
work has bc~n completed to Lender's satisfaction, provided that such in.~pecdon shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress paymcnm as the work is completed. Unlets an agreement is made in writing or Applicable Law
requires interest to be paid on ,s~h insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds, Fees l'or public adjusters, or ntht'r third parties, retained by
Borrower shall not be paid out of the in.furance proceeds ~nd shall be the sole obligation of Borrower. It'
. the restoration or repair is not economically feasible or Lender's security would be lessened, thc insurance
proceeds shall be applied to thc sums securcxi by this geeurity Instrument, whether or not then flue, wid~
tim excess, il' any, paid to Borrower. Such insurance proc-ods shall be applied in the order provided for in
Sectinn 2.
Il' Borrower abm~dom~ the Property, Lender may file, negotiale and settle any available insurance
claim and related matters. I1' Borrowc'r does not ~espond wiflfin 30 days to a notice ~¥am Lender that the
in.~urauce carrier has offered to settle a claim, then Lender may negotiate and scule the claim. Thc 30-day
period will begin when the notice is given. In eilher event, or if Lende~ acquires the Property under
Section 22'or otherwise, Burrower he'-toby assign~ to Lender (a) Borrower's rights to any insurance
proceeds in an a,uotmt not to exceed the amounts unpaid under the Note or this Security Insmm~ent, and
(b) any ad,er of 'Borrower's rights (other th~ the right m any refund of unearned preauium,'~ paid by
B~)rrower) under all insurance 'policies envering thc P~'operty, insofar as such rights ar~ applicable to the
cove;rage of thc Property, Leafier may use the insurance proceeds either to repair o~ restore the Property or
to pay amounts unpaid under the Note o~ this Security Instrument, whether or not then due:
fi. Occupancy. Borrowcr shall occupy, eshahlish, and use ~ha Property ~s BorrOwer's principal
residence within ~;0 days .~Rer thc execution of this Security Instrument and slu~ll continue ~o occupy the
Property as Borrower's principa~l resideace for at least one year aRer the date of occupancy, unless Le~er
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstanee.s exist whi~ are beyond Borrower's control.
7. Prc~erv~tion~ Malateamnce and Protection of lhe Property~ Inspections, Borrower shall not
destroy, damage or impair tl~e Property, allow the Property to deteriorate at commit waste on the
Property. Whefl~er or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to pn.'vcmt the Property from deteriorating or decreasing in value due to its condition. Unless ii is
determined pursuant to Section 5 ~hat repair or restoration is not economically feasible, Borrower shall
promptly ~,epair the Propumy if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the ~aking of, the Propc~y, Borrower
shall be responaiD[e for repairing or restoring the Property only if Lender has ~ele,x,~t:d proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progres.~ payments as the work is completed. If the insurance or condcn~mation proceeds arc not sufficient
to repair o~ restore fha Property, Borrower is not relieved of Borrower's obligation l'or the completion of
such repair or restoration.
Lender or ils agent may make reasonable entries upon and inspeaions of the Property. If it has
reasonable cause, L~nder may inspect the interior oi' the improvements on ~he P~operty. Lender shall give
B,rrower notice at the dine of or prior to such an in~erior inspection specifying such reasonable cau.~e.
g. Borrower's Loan APplication. Borrower shall be in dct'aalt if, during the Loan applicatio'a
process, Borrower or any persons or eauities acting at ~hc direction of Borrower er with I~orrower's
knowledge or conscm gave materially false, misleading, or inaccurate inlbnnafion or statements to Lender ·
(or ~hiled to provido Lender with material information) i~ connection wi~h ihe Loan. Material
rt.~presenmdons include, but are.not limited to, repres~ntati6ns conccrnh~g Borrower's occupancy of
Proper~y as Borrowc~'s principal residence.. ~.
~. Protection of Lender's Interest ~n ~he Property and Rights Under this Security Instrument. If
(a) Borrower fails re.perform ~he cevenmits and agreements contained irt ~his Security Instrummt, (b) thc-re
is a legal proceeding that might signiIicanfly affect Lender's interesz in thc Property a~d/or rights under
dfis S, ecurity Ins~rum~-'m (such ~.~ a proceeding:in bankruptcy, probate, for condemnation ar forfeiture, for
enl'o~'cemun~ of a lien which may at~n priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower l~s abandoned ~he Property, then Lender may do and pay far whateW..~ is
reasonable or appmpr~am to protect Lender's into'rest in thc Property and rights under this Security
Instmm,mt, including protecting ~a~d/or assessh~g tile value ol'' lhe Property, and securing and/or repairing
~he Prop~-rty. Leader's actions can include, but a~'e not lin~ted to: (a) paying any ~um~ secured by a lien
which h~ priority aver ~bi.~ Security Instrument; (b) appa,nring in court; and (c) paying reasonable
t~6iWY} loocsl P~go~ ot ts It/ Fntm 3051 11al
attorneys' fees to protect its interest in the Property nnd/or rights under this Sec'urity In,strument, including
its secured po.~ition in a bankruptcy proceeding. Securing thc Property includes, but is not limited to,
entering Ihe Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Ahhough Lender may take action unSx this Section 9, Lender does not have Io do so and is not
under any duty or obligation to do so. It is agre~,~t that L~mder incurs no liability for not taking any or all
actions authorized under INs Section 9.
Any amounts disbursed by Lender under this $cmion 9 shall becorrm additional debt of Borrower
secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of
disburse'meat and shall bo payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all thc provisions of the
lease. If Borrower acquires fee title to the Property, the le,'uehold trod thc fee title sh~l not merge unless
Lender agr~.~s to ~he merger in writing.
10. Mortgage Insurance. If Lender required Morlgage Insurance as a condition of m, aking the l.aan,
Borrower shall pay the premiums required tn maintain the Mortgage Insurance in effect. If, 'for any reason,
tl~e Mortgage Insurance coverage required by Lender ceases to be available from the mortl~agc insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall .pay the premiums required to obtain
coverage substmtially equivalent to th~ Mortgage Insurance previously in effect, at a cost substantially
equivalent to thc cost to Borrowcr of the Mortgage l~urance previously in effect, from m~ alternate
mortgage iusurer selected by Lender, If substantially equivalent Mortgage Insurance covcxage is not
available, Borrower slmll continue to pay to Lender the mnount or the scparately designated payments that
were due when the insurance coverage ceased to be in cf feet. Len~'r will accept, use and retain these
paymcmts as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that th~ Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower~ any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (hr the amount and for ilm period that Lender requires)
provided by an insurer selected by Lender again .becomes available, is obtained, and Lender requires
separately designated paymcmts toward the premiums for Mortgage Insurance. If Lender rqquired Mortgage
Insur,'mce as a condition of ma.king thc Loan and Borrow~ was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maimain Mortgage Insurance in effect, or to provide a non-re-lendable loss reserve, until LendeFs
requirement for Mortgage Insurance ends in accordance with any written agreement bctween Borrower and
Lender providing for suoh termination or until terrntnation is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for ccrtain losses it
may in,ir if Borrowt.'r does not repay thc Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage htsurc~rs evaluate their total risk on all such insurance in force from ~me to time, and may
enter into agr~.x.'ments with other parties that share or modify their risk, or reduce losses. These agreement.s
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or panics) to
these agreemenls. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agrc'emenls, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any aflilia~e of any of the foregoing, may receive .(directly or indirectly) amounts that
derive from (or might be characterir_cxt as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or m~di£ying the mortgage insurer's risk, or reducing losses. If such agreement
pr6vides that im affiliate of Lender takes a share of tho insurer's risk in cxchm~ge for a slh'~re of the
premimrm paid to the insurer, the airangement is often termed "captive reinsurance." Further:
{a) Any sud~ agreements will not nfrcct the amounts that Borrower.has agr~d to pay rot
Mortgage Insurance, or any other terms of the Lonn. Such agreements will not increase the amount
ltorrower will owe ['or Mortgage Insurance, and they will not entitle Borrower to any rernnd.
(~}~-6{WY) {ooosl ~,,ao* ol ~s ffL~ Form 3051 1/01
th) Any such agreements will not arf,xt the rights Borrower has - il' arty - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, Th~o rights
may include the right to receive certain disclosures, to request and obtain cancellation of thc
Mortgage In,~urance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund o1' any Mortgage l,tsuranee premiums that were unearned at the time or such cancdlation or ·
termination,
11. As.qignment t~f Miscellaneous Proceedsi Forfeiture. All Miscellaneous Proceeds ate hereby
a.qsigncd to and shall be paid to Lender,
Il' me Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or rep.qr of
the Property, ii' tl~e restoration or repair is economically feasible and Lender's security is not lessened.
During suer r~air and restoration period, Lender shall have the right to hold such Miscellaueous Proceeds
until Lender has had an opportunity Io inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Le~der !nay pay for thc
repairs anti restoration in a single disbursement or in a series et progress payments as the work is
complelcd. Unless an agrecmm~t is made in writing or Applicable Law requires interest to"be paid on such
Miscellaneous ProceSs, Lender shall not be required to pay Borrower my interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or L~nder's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess,, if ,'my, paid m Borrower. Sudl Miscellaneous Proceeds shalt be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Proper~y, the Miscellaneous
Proceeds shall be applied to the sums secured by this Sccurt~ Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event et' a partial raking, destruction, or loss in value of the Property in which the fair market
value of the Propmy immediately before the partial taking, destruction, or loss in value is equ~l to or
greater than the amount of the sums secured by this Security Instrument hnmediately b~fore the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, th{'. surn.q
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the lbllowing fraction: (a) the total amount of tt~e sums secured immediately before the
partial laking, destruction, or loss i,l value divided by th) the fair market value of the Prope~y immediatdy
before the partial I'.,king, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event or a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Properly inunediamly bet'ore the partial Inking, destruction, or loss in value is less ~han the
amount of thc sums secured imrncdiately before lbo partial taking, destruction, or loss in value, unless
Borrower and l.ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to thc sums
secured by this Security Instrument whether or not the sums are then duc.
It' the Property is abandoned by Borrower, or if, ar~er notiue by lxnder to Borrower that the
Opposing Par~y (as defined in Ihe next sentence) orftxs to make an award to settle a claim for damages,
Borrower fail.~ to respond to Lender within 30 days after the date the notice is given, l.ender is authorized
to collect and apply thc Miscellaneous Proceeds ~ther to restoration Or repair of the Property or to }ho
sums secured by this Security InstrumenL whether or not then due. ".Opposing Party" means the third party
that owes Borrower Miscelh'meous Proceeds or the party against whom Borrower has a right o£ action in
regard to Miscell~meous Proceeds.
Borrower shall be in default if any ~etion or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfc-iture of the Property or othgr material impairment or Lender's
interest in the Property or rights under this Security lnstrumenl. Borrower can cure such a default ~md, if
accelcra, tion has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismisshd with a ruling that, in Lender's judgment, precludes l'orfeimm of the Property or other mmerial
imp;Arment of l.cnder's interest in thc Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
am hereby assigned and sMl{ he paid to Lender.
All Miscellaneous Proeeed~ that are not applied to restor}~tion or repair of the Property shall be
applied in the order provided for in Section 2.
(~-6(WYliood~) P,~9~l~ = t F~rm3OSl 1/01
12, Borrower Not Relcased; Forbearance By Lender Not a Waiver. Extension of the timo 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 Mall not operate to release the liability of Borrower
cc any Successors in Interest of Borrower. Lender sha}l not be required 1o commence proceedings against
any Successor in Interest of Borrower or to rel'~e to c--ate, nd. time for paytnmu or otherwise nmdify .
amortization of thc sums secured by this Security Instrument by reason of any demand rmde by the original
Borrower or ,my Successors in Interest of Borrower. Any forbc~rance by Lender in exercising any right or
'remedy including, without limitation, Lender's acceptance of paymm~ts from third persons, entities or
Succesmrs in Interest of Borrower or in amounts less than the amount then due, shall not bo a waiver of or
preclude thc exercise of any right or remedy,
13. Joint and Several Liability;-Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
eo-figns this Security Instrument but does not execute the Note (a "co-signer"): (a) i$ co-signing this
Security Instrument only to mortgage, grant and convey tl~e co-signer's interest in the P[?.perty under the
terms of this Security ln~trumem; (b) is not personally obligated to pay the sums secured by this Security
Instrumenl: and (c) agrees that Lender and m~y other Borrower can agree to extend, md,Iii'y, forbear or
make any aeconxmothtions with regard to the terms of this Security Instrument or the Note wilhout the
co-signer's consent.
Subject to thc provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security lnstrumeaa in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be releaSed from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) nnd benefit the successors and assigns of Lender.
14, Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for thc purpose of protecting Lender's interest in the Property anti rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other revs, the absence of express authority in this Security lnstru~nent to chaxge a specific
fee to Borrower shall not be construed as a prohibition on the charging'of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrumeaxt or by Applicable Law.
Irthe Loan is subject to a law which sets maximum loan charges, and that law i.~ fi,rally interpreted so
that thc interest or other loan charges collected or to be collected in connection with the Loan excccd the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the pern'dued limit; and th) any sums already collected from Borrow~.-r which exceeded permitted
lilnits will be reflmded to Borrower. Lender may choose m make this rc£und by reducing the principal
owed nndcr the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any pr~ayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrumem
must be in writing. Any notice to Borrower in connection x0ith this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify l.eMer of Borrower's change of address. If I.ender specifies a procedm'e for reporting Borrower's
change of address, tht.'n BorroWer shall only report a change of address through that specified proccdtu'e.
There may be only one designated notice address under this Seem'try Instrument at any one time. Any
notice to I.ender shall be given by delivering it or by mailing it by first class mail tn Lm~der's address
stated herein unless Lender lta~ designated another address by notice to Borrower. Any ~mtice in
connection with this SeCUrity Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Dtw, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
{~6{WY} 10o06! p.at~ mot ~ ill*, Form 3051 1101
16, Governing Law; Severability; Rules of Con,struction, This Security Instrumealt shall be
governed by federal law and the law or' the jurisdiction in which the Prepc~rty is located. All rights and
obligations contained ia this Security Instrument ate subject to uny requirements and limitations ot
Applicable Law. ^pplicablc Law might explicitly or implicidy allow tile parties m agree by comract or it
migh~ he ~ilc'nL but such silenea shall not be constrUed as a prohibition agah~t agreement by contract. In .
the event that ~y provision or clmrse o1' this Security Instrument or the I/otc conflicts witl~ Applicable
Law, such conflict shall not affect o~her provisions of this Security Instmmen~ or the Note which can bc
given effect without the conflicting provision.
As used in this Security Instrumem: (al words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (bi words in the singular shall mean and
include the plural and vice versa; and (el the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrumcm.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in ~ixis Section 18,
"Interest in the Property" means any legal or beneficial intere.~t in the Property, including?but not lin'Lited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
c.qcrow agreement, the intent of which is the transfer of title by Borrower at a future dine to a purchaser.
If ali or any part of the Property or any Inlerest ia the Property is sold or transferred (or if Borrower
is }lot a natural person and a beneficial interest in Borrower is sold or transferred) wilhout Lender's prior
written consent, l,cnder may require immediate payment in fall of all sums secured by this Security
Instrument. Howevc'r, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable t.aw.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date tho notice is given in accordance with Section 15
within which Borrower must pay all sums secured by ~his Security Instrument. If Borrower fails ~o pay
these sums prior to the expiration of this period, Lender amy invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right tn Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security InstrUment discontinued at any time
prior to the earliest of: (al five days before sale of the Property pursuant to any power of sale contained in
this Security Insu'umc'nt; (bi such other period as Applicable Law mighl specify for the termination of
Borrower's right Lo reinstate; or (c) entry of a judgn~nt enforcing this Security Instrument. Tl~ose
conditions are theft Borrower: (al pays Lender all sums which dina would be due under Ibis Security
Instrument and dm Note as if no acceleration had occmrred; (bi cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instruram~t, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for tile
purpose of protecting Lender's interest in the Propm'ty and rights under thi~ Security Instrument; and (d)
takes such action ~s Lender may reasom'~bly require Io assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinst~terrmnt sums and
expenses in one or more of the following lbrms, as selected by Lender: (al cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's ch'eck, provided any such check is drawn 'upon
an institution whose deposits are insured by a federal agency, instrumc'ntality or entity; or (d) Electronic
l~unds Trat~fer. Upon reinstatement by Borrower, this Security hutrument and obligations secured hereby
,shall mania fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the ease of acceleration under Section 18.
20. Sale of Notel Change et Loan Servicerl Notice of Grievance, The Note or a partial interest in
tlxe Note (together with tiffs Sccurky Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a chafe in the entity (known as the "Loan Servicer") that collects
Per~otlic Payments due under the Note and this Security Instrument a~d performs other mortgage loan
servicing obligations undc'r the Notc, thi~ Security Instrument, and Applicable Law. There also might be
one or mare changes of the Loan $c.~vicer unrelated to a sale of the Note. If there, is a change of ~l~e Loan
Servicer, Borrower will be given written no[ice et' the change which will state the name ~md ad&ms of the
new l.aan Servicer. ~hc address to which payments should be made .'md any other information RESPA
t[~)~61WYI looosl P=o~ t% of 15 *ti/' Form 3051 1/01
requires in connection with a notice of frans[er of servicing. If tl~c Note is sold and tht-rcafter the Loan is
serviced by a I..onn Servicer other than the purchaser of the Note, the mortgage loan servicing obligadot~s
to Borrower will remain with the Lo~ Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Not~ purchaser unless otherwise provided by thc Note purchase/'.
Neither Borrower nor Lender n'~y commence, join, or be joined to ,any judicial action (as either an
' imlividual litigant or the member et' a class) that arises l¥om the other party's actions pursuan~ to this
Security Instrument or'that alleges dial thc other party has breached any provision et'. or flay duty owed by
reason of, tl~is Security h~strumcnt, until such Borrower or Lender has notified the other party (with stlch
notice given in eompli,ance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. I~'
Applicable Law provides a time p~.xiod which must elapse before eertai'n action can bt: 'taken, that time
period will be deemed £o be reasonable tbr purpos~ of this paragraph. The notice of lcceleratton and
opportunity to cure given to Borrower pursuant to Section 22 and. the notice of acede~'ation given to
Borrower purs~mnt to Section 1'8 shall be deemcxl to satisfy thc notice and opportunity to take corrective
aclion provisions et' !his Section 20.
21, H~ardous Subsl. anees, As used in this Section 21: (a) "Hazardous Substances" are tiao.se
substances det'ined ,as toxic or haa,.ardo~s substances, pollutants, or wastes by Enviromnental Law and the
following substances: gasolb~e, kerosene, other flammable or toxic petroleum products, toxic pesticides
anti herbicides, volatile solvents, t~terials containing asbestos or formaldehyde, and radioactive materials:
(b) ~ 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) 'Environm~natal Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law~ and (d) an "Enviromnental
Condition" means a condition that can cause, contribute to. or otherwise trigger an Environrneatal
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release el~ any Hazardous
Substances, or thrcatc~ to release any H~.ardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the pre.,~enee, use, or release of a
IIa:t~rdous Substance, creates a condition that adversely affects the value or the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to bo appropriate to normal residential uses and to
maintenance of the IYopeny (including, but not lilnited to, hazardous substances in consumer products).
Borrower shall promptly give Le~ler written notice of,(a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or p.rivate.party involving tho Property and any
Hazardous Substance or F.n~ironmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not lhnitcd to, any spilling, leaking, dischargt:, release or threat of
release of any FI,~,'~rdous Substance, a~d (c) any condition caused by the presence, use or release of a
Ilazardon~ Substance whicti adversely affects the value of the Property. If Borrower Ieaxns, or is notified
by any govemtnental or regulatory authority, or any private party, that any run'novel or other remediation
of ~ny Hazardous Substance affecting the Property is necessary, Borrower shal! promptly take all necessary
remedial actions in accordance with 'Environmental Law, Nothing herein shall urea're any obligation on
Lender for an Environmental Cleanup. ·
Form 3051 I
NON-UNIFORM COVENANTS. Borrower and Lender I'urther covenant and agree a~ follows:
22, Accderation; Remedies. Lender shall give notice to Borrower prior to acceleration followinll
Borrower's bread~ el~ any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unl~'~s Applicable Law provides olherwise). The notice shall .qpeeify: (a)
the default; (b) the action required to cure the de. IoniC; (c) a date, not less than 30 days from the date
the notice is given to Borrower, hy which thc default mint be cured; and (d) that hfilure to cure the
default on or before the date specified in the notice may result tn acceleration of the sums secured by
this Security ln~strument and sale of the Property. The notice shall further inform Borrower of thc
right to rein~ntato after acceleration and the rlght to bring a court action to assert the non-existence of
a default or any other defense of Borrower to aecder~tion and sale. If the default is not cured on or
heIore 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 invok~ the power or
sale and any other remedi~ permitted by Applicable Law, Lender shall he entitled to collect ~11
expens~ incurred in pursuing the remedies provided in this section 22, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Leatder 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
publL~h thc 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 thc follnwiug order: (a) to all expenses of the sale, including, hut not iimite<l to,
reasonable attorneys' tees; (b) to all sums secured by this Security Instrument; and (c) any excess to
the person or persoas lc~ally entitled to it.
23. Release, Upon payment of all ~uras secured by thi~ Security Instrument, Lender shall release this
Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a tee for
roles.dug this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fcc is permitted under Applicable Law.
24. Waivers. Borrower rch..'ascs and waives alt rights under and by virtue of the homestead
exemption laws of Wyoming.
BY SIGNING BELOW, Borrower accepts m~d agrees to the terms and covenants contained in this
Security Instrument ,'md in any Rider executed by Borrower and recorded with
Witnesses:
(Seal) (Seal)
-~orrowcr -Bnrtow,'r
(Seal) (Seal)
.Borrower -Borrow,,r
(Seal) (Seal)
-Borrower ~ , -Borrower
~}~,6{WY! tooo$! ~ ~,~ Q~ is Form 3051 1/01
STATE OF WYOMING, LINCOL~ County
Thc foregoing ins[tureen[ was acknowledged before mg this November 13, 2001
by RALPH w. GREENE III AND, KASSIE GREENE
~-6G{WY) Iooo5~ ~o~ iS ,~! ~5 ~z~ Form 3051 1/01