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Home My WebLink About885568~OV 88 8882 16:28 FR WELLS FARGO Htq MTGG303 758 1046 TO 13078778602 P.19 RECEIVED LINCOLN COUNTY CLERK MORTGAGE CIII -09224'/9' THiSMORTGAGl~(.S,~urityI~u, umeut.)i~,tvcuon l~ov~mza 08, 2002 The Mofl§aSor is BRENDA L. ~A~B, A f:E]g~LB I~B~BOH ("Borrower"), This ~tuity lumiL, Um~t ia itv~u to OOmiOF~EY F~P. BT HOA~E~AIaB, LT, C YOi~ ~OU~ ~B ~~ SX~ 6~X ~ 00/~00 0011265949 i~(WY} te.o~).ol Ill{ilillllll{lllllilll NOU 88 ~00~ 1'G:~8 fr WELLS FARGO HM MTGGSOO ?58 104S TO 13078779~0~ P.80 of Borrow~'s covenam$ and agreements under ~is Security Instrument and the Note. For this purpose, Borrower does hereby rnort~nge, grout and convey to the Lender with power of sale, be followin$ described propeny located in SOBLi'X'~ County. Wyomtng: LO~ 3 OF BLOClC 20iP ?1~ ]~ROT~'fJ r'rEST ADD'rTTO~ '~o ~ TOW~T OIl LA,UA3WB, ~, N~OMI:~O AH DI[-a(:~XBBD OM T~ OIFlPZCTAL Pld~,T THERBOF. BOX 3,0304, DES )XO:~'J~8, ~& 503060304 which has the address of 33'/ SOlY~H EX~ ST, X~RJ~GB [Su%.~ till, Wyoming s~23 [zw ~l ("~fly A~s'); TOGETHER WITH 21 ~e i~mv~ts now or he~r er~ on ~e ~o~ny, ~d ~ ~~, a~ufl~s ~d ~x~ now or A~r cover~ by ~is ~ I~t. ~ of ~e forego~g BO~OW~R COVENAN~ ~ ~w~ is h~y se~ of &e ~e ~y ~v~ ~d hu ~ fl~t to ~n~e. ~t ~d ~nvey ~e Pm~ ~d ~ ~ ~y Is un~r~, o~ for ~c~br~ of ~. Bo~er w~ ~d ~11 def~ gm~ly ~e title m ~e ~ ~t ~1 cl,i~ nd ~m~flds, subj~ to ~y ~r~ of r~. THIS SECU~ IN~RUMBNT ~mbin~ u~o~ ~v~ ~ n~io~ ~ ~ non-~o~ ~v~ wi~ 1~ v~iom by j~s~ctbn to co~timte a ~f~ ~riiy ~m~ wve~i ~ pro~y. Bo~ow~ ~d ~der covert ~ ~ ~ ~llows: U~O~ COVENANTS. 1. ~ of ~cipsl, ht~ ~d ~te~st on, ~ de~ ~id~ by ~e Noie ~ 1~ ~les due md~ ~e No~. 2, Mon~y ~t of T~, ~ce and ~h~ C~l~. Bo~wcr sh~ ~lu~ ~ ~ ~n~ly pa~, ~o~e~er wi~ ~e p~ip~ ~ ~ ~id ~s~nts 1~ or m ~ Ievi~ ~ Pr~, ~d (c) p~ roi i~ ~k~ ~der p~a~h 4. h my ~ ~ wht~ ~e ~ ~ pay a ~ni~e ~ p~m m ~e ~ of Hous~ which s~ pre. urn wo~d ~ve ~ ~r~ if ~ ~!1 held ~ ~ I~~, ~ ~y pa~t shSl ~ ~ude ~er: (i) a ~ for ~e ~u~ ~ng~e ~ p~m W ~ p~d by ~ W ~ $~, ~ a r~n~le ~t to ~ d~~ by it~ ~ c2l~ '~ow It~" ~d ~e s~ p~d to M~r ~ ~1~ "~cmw F~.~ ~nd~ ~y, at ~y ~, ~ll~t ~ hold ~~ ~t ~ ~y ~ ~ for ~wer's ~ww Act of 1974', 12 U.S.C. S~ 2~1 et seq. ~ ~m a~ to ti~ ("~PA"), exit ~ ~ ~on ~ ~e p~ by R~PA ~r ~ticip~ dhbm~nts or dtsb~~ ~fore ~ ~w~'s pa~ ~ av~le ~ ~e ~t ~y ~ ~ b~ on · ~ duc for ~e ~npie ~ p~um. NOV 88 200~' 16:2B fr WELLS fARGO HM MTGG303 ?58 1048 TO 1~07877~808 548 If the amounts held by Lender for Escrow Items exceed the amoun~ permiusd ~o be held by RB,qPA, Lender shall a~cOUnt to Borrower for the excess funds aa required by RBSPA. If the amounts of f'unds held by Lender si any time are not sufficient to pay the Escrow Irons when due. Lender may ~oflfy the Borrower a~l require Borrower to make up the shortage as permitted by RI~SPA. The Escrow Funds are pledged ~s. additional, security for all sums secured by this ,~ecurity lmumnent. If Borrower lenders to Lender the fBll payment of all such sums, Borrower's account shall be credited with the balance remaining for all lnstalknent itoms (a), (b), and (c) and any mortgage imurance premium instsllrnent that Lender has not become obligated to pay to the ~'cret~, ~nd Lender shall promptly refund any excess f~nds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquiSition by Lender, Borrower's accoun~ shall be credited with any balance remaining for all installments for items (a), (b), and (c). iL Application of Payments, All payments under para~aplu 1 and l sh~ll be applied by Lender as follows: First. to the mongaEe insurance premium to be paid by Lender to the Secretary or to the monthly ch~le by the Secretary instead of the monthly moniage insurance premium; Seco~, to any ~mes, special assessments, leasehold payments or ground reGts, and fire, flood and other hazard insurance premiums, as required; Third, to iuterest due under the Note; )~ourth, to ~norti,~tton of the principal of the Note; and Fifth., to late charges due under the No~e. 4. Fire, Flood and Other u-,-rd Inmrance. Borrower shall insure all improvements on the Property, whether now in exisUmce or subsequently erected, s~alnst any ~,~eds, casuel~ies, and oonlin~encies, incl~tiug fire, for which Lender mluires insurance. This insurance shall be maintained in the amounts and for the period~ that Lender requl~es. Borrower shall also insure all improvements on the Property, whether'now in existence or subsequently erected, against loss by floods to the exten~ required by the Secreh~-y, All insurance shall be can'ied with companies · approved by Lender..The imurance policies ami any renewals shall be held by Lender and shall include loss payable Clauses in favor of, and in a form acceptable to,' Lender. In the event of loss, Borrower shall ~ive Lender immediate notice by mail. Le~der may make proof of loss if not made prompdy by Borrower. Each l~urance company concerned is hereby authorized Ired directed to make payment for such loss di~ctly to Lender, instead of to Borrower and to Lender jointly. Ali or any pan of the insurance p~oceeds may be ~pplied by Lender, a~ its option, either (a) to the reduction of the indebtedue~s under ll~e Note and this 5ecuri~ Instrument first to any delinquent amounts applied in the order in paragraph 3, aug then to prepaymem of principal, or (b) to the re~torglon or repair of the dama~ Propany. Any appltcglon of the proceeds to the principal shall not extend or posipone the due date of the monthly payments which are referred to in ~h Il, o~ ch~ge the amoun~ of such payments. Any excess insurance proceeds over an amount required to pay all outsundin~ indebtedness under the Note and this ,qecurlty InKmment shall be paid lo the entity legally entitled thereto. In the event of foreclosure of this f~;cm'ity Instrument or other transfer of title to the Property that extinguishes the indebtedness, all rl~hh title and interest, of Borrower in end to insurance policies in force shall pass to the purchaser, $. Occupsacy~ Preservation, M~LII .~msuce and Pro~ection of the Prope~yl Borrower's Loan Application; Leaseholds, Borrower sRsll occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence 'for at least one year after the date of occupancy, tmles$ Lender de,frei-es thai requirement will cause undue hardship for Borrower, or unle~ extenuating circumstances exisi which are beyond Borrower's control, Borrower shall notify Lender of any circ~. Borrower shall no~ commit waste or destroy, dau~e or substantially change the Prope~y or glow the Property to deteriorate, reaaonable wear aud ~ear excepted. Lender may inspect the Property if the Property is v~c~n~ or abandoned or the loan is in default. Lender may h~ke reasonable action ~o proteot and preserve mu~h vacant or NOV 08 2002 1G:ES FR WELLS FARGO HM MTGG308 758 104G TO 18078779G02 P.22 abandoned Property. Borrower shall mtso be in default if Borrower, durin$ the loan applioation process, gave materially false or inamorata information or statements to Leader (or failed to 'provide Len~r with any material information) in connection with the loan evid~uced by the Note, includinlh but not limited to. r~presentations concerning Borrower's occup~cy of the Property aa a principal ~esideac~. If this Security Instnun~t is on a leasehold, Borrower shall comply with the provisions of the lease, If Borrower av. quire~ fee tide to the Property, the leasehold and fee title shall not be rt~rged unl~s Lender agrees to the merger in writing. 6, Condemnation. The proceed~ of any award or claim for damages, direct or consequential, in connec~n with any condemnation or other taldn/~ of any part of the Property, or for conveyance in place of condemnation, are hereby a~signed and shall be paid to Lender to the extent of the full amount of the indebtedlzss that remains unpaid under the Note and this S~curity Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security In,wariest, first to any delinquent amounts applied in the order provided in paragraph 3, and then to pt~aym/mt of principal. Any application of the ptu~eds to the principal shall not extend or postpone the due date of the mon{hly payments, which are referred to in p~ 2, or change the amount of such payments. Any excess proceeds over au aulount required to pay all ou,umdin~ indebtedness under the Note and Security lumummut shall be paid ~o rite entity l~ally enfl~ed thin'em. " 7. Charles to Ilorrowa' and Pt'or,arden of Leader's lli~h~s in {he Prepay. Bon'ow~r shall pay all 8overamen~ or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to ~ha entity which is owed the payment. If failure to pay would adversely affect l.~ier's interest in the Property, upon l.{mder's request Borrower shall promptly famish to l~dar evidenoin/the payments. if Borrower fails to ruak~ these payments or the payments required by paragraph 2, or fails to perform any other covenants and a~mmeats contained in this $eenrity Insumueat, or ther~ is a legal proceeding thai may sisnificantly a/fact Lender's fights in tim Propewy (much as a preceding in bankruptcy, for ~on or to enforc~ laws or reilulations), ttum L~der may do and pay whatever is necessary to protect the value of the Property and Lender's tights in the Properly, including payment of tsx~, {lS=.srd insuraac~ and other i~eu~ mentioned in paca{~raph 2. Any amouuus dishursed by Lender under this paragraph shall become an additional debt of Borrower and be secuxed by this Security Instrument. These/uamounts shall bear interest from the date of disbursement, at the Note rote, and at the option of l.~nder, shall be immediately dee and payable. Borrower shall promptly discharge any lien whiCh h~s priority over this .~curity Instrument uuless Borrower: (a) a{~re~ in wtitin{~ tO ~he payment of the obligation secured by the lien in a manner accepulble to Lender; (b) cont~la in good faith the lien by, or defends a/ainst enforcement of lhe lien in, leial P~i~s which in the Lender's opinion openue to prevent the enforcem~t of the li~n; or (c) seou~s from ~J~ holder of the lien {m agreement satisfactory to Lender subordmatin8 the lien ~o this fk~'urity in~ument. If Lender determine that any part of the Property is subj~c! to a lien Which may attain priority over this $~nuity Insmunem, Lmder may give Borrow~ a no,ice idenflfyin{ the lien. Borrower shall satisfy the lien or ~ke one or mo~ of the atrdons sei forth above 10 days of the {{ivin~ of notice. 8. Fs~s, Lender may collect fees and charges authorized by the Secretary. 9. Grounds for A~im'eiiest el' D~, (a) l)dault. Lender may, except a~ ltmiu~d by regulations issued by the Secretary, in the came of payment defaults, r~luim ii~:,. ,.niime pmlnnent in full of all sums s~cur~ by this Security Instnunent if: (1) Borrower default~ by falling to pay in full {my monthly payment required by this ,!Security Iastmmmt prior to or on the'due dat~ oldie next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform {my other obligatiom contained in this Security hamunent. (b) Salm Withou~ Credl$ Approval. Lender shall, if permiued by mpplicabl¢ law (tncludin{ Section 341(d) of the Oas-St. Oermaln Depository lusiimtiom Act of 1982, 12 U.$.C. 1701j-3(d)) sad with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument fi: · NOV 08 2008 1G:30 FR WELLS FARGO HM MTGG308 758 104G TO 1~07877BG02 P.23 550 (i) All or part of ~he P~Ol~rty, or m b~ucficial in~erei~ in a ~t o~l ~1 or pm of ~e ~, h ~ld (ii) ~e ~o~ny is not ~upi~ by ~e pu~. or ~ ~ ~s or her ~cip~ ~idm~, or put.mr or ~t~ do~ ~ o~py ~e ~o~ ~ ~ or h~ c~t h~ uo~ ~ ~pwv~ in ac~r~ wi~ ~e r~~ts of ~e (c) No W~v~. If c~~s ~r ~ wo~d ~t ~d~ ~ ~i~ ~m~ia~ ~y~ ~ ~!. but ~ud~ d~ ~ require su~ payment, ~r ~ not w~ve its fi~ wl~ ~ct ~ ~b~ ~. (d) R~ego~ of ~ ~~, In ~y c~~ re~ tsm~ by ~e ~ will ~der's ri~s, ~ ~e c~e of pa~t def~l~, ~ ~re ~te pay~ ~ ~ll ~d fo~o~ if ~t p~d. ~ ~ty ~~t d~ ~o~ ~ ~clera~on or for~lo~ if ~t ~t~d by re~ations of ~e ~re~. (e) ~e Hot ~, ~owor ~ ~ ff ~ S~uri~ ~m~t ~ ~e No~ ~ not lo ~ ~i~lble for ~ ~d~ ~e N~on~ Ho~g A~ wi~ ~ ~ys ~m ~ ~ ~f, ~ ~y, ~ i~ option, ~ire i~ pa~t ~ ~B of ~ ~ ~ by ~s ~l~y ~~t, A ~uen s~nx of ~y au~or~ ~t of ~ ~ da~ ~bs~uent to ~ days from ~ ~ ~r~f, ~li~tbili~. Notwi~~ ~e fo~0o~, ~is op~on may ~t ~ ~e~l~ by ~d~ w~ ~v~t~ of ~ ~ solely d~ m ~'s f~ m ~ a ~g~e ~ p~ ~ 10. R~t~t. ~wer h~ a fight to ~ ~tat~ if ~n~ ~ ~ ~~ ~t ~ ~u~ of ~ow~'~ f~l~ ~ pay ~ ~om d~ ~d~ &e Note or ~ ~F ~~. ~ fl~t l~p s~ ~1 ~ ~ io b~ ~w~'s ~ ~n~ ~, ~ ~ exit ~y ~ oblig~ of pm~ly ~t~ ~ ~e ~r~lo~e p~. U~n ~tat~ by ~wer, ~s ~ty ~~t How~, ~der M not r~r~ lo ~t ~l~t if: (i) ~ h~ ~t~ ~t~nl a~r ~~~l of folklore p~ings within two y~ i~ateiy prig ~ ~~ of a c~nt fo~lomre pm~, (ii) ~~ will p~lu~ fo~losu~ ~ &ff~ ~o~ ~ ~e ~m~e, ~ (ffi) ~e~t wffi ~ver~ly ~t &e p~o~ty of &e lira c~a~ by ~ ~W ~~t. 11. ~ow~ Not R~; Forb~ce By ~d~ Not a W~er. ~on of ~e ~ of pa~t or ~t of ~wer ~l not ~ra~ ~ rel~ ~e ~abillW of ~e ~g~ ~ow~ or ~w~'s ~r ~sL ~er sh~l not be req~ to ~~ p~~ ~i ~Y ~r ~ ~t~ or ~ tO ~ for ps~t or o~se ~ ~on of ~e ~ ~ by ~is ~ ~~t by ~n of ~y ~y fight or ~y sh~l ~ ~ a w~v~ of or prelude ~ ~e~lse of ~y fl~t or 1~. Su~ ~d ~ Bo~dl ~l ~d ~v~ Llabffi~; C~~. ~ ~v~ ~d p~vhl~s of p~h 9~), Bo~w~'s ~e~ ~d a~~ ~I ~ joint ~ s~. ~ ~OW~ ~ei~ ~ ~ ~e~t but ~ ~t ex~ ~ No~: (a) ~ ~~ ~ ~V ~t ~y is ~t ~on~y obll~at~ to pay ~e s.~ s~r~ ~ ~is ~ ~~2 ~ (c) ~ ~ ~r ~d ~y ~ty ~~t or ~e NO~ wi~oui ~ Bo~wer's Inl~,l~~ NOV 08 8002 1G:,30 FR WELLS FARGO HM MTGG303 758 1046 TO 1307877B602 P,~4 5 51 13. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law ~:cquifes use of another meduxi. The notice shall be directed to ,he Property Address or ~ny other address Borrower desi~ates by notice to Lender. Any notice co Lender shall be given by fixat class mail to Lender's address stated herein or any address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when give~ ss provided in this pnr~raph. 14. Governing. Law; ~everability, Thi~ Security Instalment shall be govern~ by Federal law and the law of the jurisdiction in which the Property is located. In thc event thtt any provision or clause of this Security Instrument or the Note conflicts with ~pltcable law, such conflict shall not affect other provisio~ of this Security Instrument or the Note which can be given effec~ wi,hour the conflicting provision. To this end the provisions of this Security Instrument and the Note ~re declared to be severable. 15. Borrower's Copy. Borrower shall be 8ives one conformed copy of the Note and of this Security Instrument. 16. Hazardous SubM~mc~; Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazanlous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The precedh~ two sentences shall not apply to the pre~x~cc, use, or storage on tho Property of small quantities of H!,srdous Substances that are leneraliy recognized to be appropriate to nomul residential u~ and to maintenance of the Property. Borrower shall prompdy give Lender written notice of any investigation, claim: demalld, lawsuit or other action by any I~oventmentai or regulatory agency or private party involving the Property and any Hazardous Substance or Bnviromnental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any ~overnmentsl or regulatory authority, that any removal or other remediation of any H~zardous b"ubs~ancea affecting the Property is nec~sary, Borrower shall promptly take ali nece0sary remedial ~,lions in accordance with Environmental Law, As used in this parallltph 16, "Hazardous Sub~tances' are those substances defined as toxic or hazardous substz, tces by ]~nvlronmental Law and 'he following substances: Sasollne, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, material0 containing asbestos or formaldehyde, and radioactive materials. As used in this par~raph Iii, "l~nvironmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envizonmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and ~ as follows: 17. Assignment of Rents. Borrower unconditionally assigns ned transfers to Lender all the ren~s and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby dkects each tenant of the Property to pay the rents to Lender or Lender's ~ents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instnunent, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, This assl.enment of rents constitutes an absolute assignment and not an assl~.ment for additional security only. If Lender ~lves notice of breach to Borrower; (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Insmunent; Co) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tetlltllt. Borrower has not executed any prior nsstlp~nent of the rents and has not and will not perform any act that would prevent Letuler from exercising Its rights under this paragraph 17. Lender shall not be re4ttlred to enter upon, take control of or maintain the Property before or after giving notice of breach'to BorrOwer. However, Lender or a judicially appointed receiver may do so at any time there Is a breach. Any application of rents shall not cute or waive ~ default or invali,~_!:_~ any other right or remedy of Lender, This assigitment.of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 40U 08 ~002 IB.:31FR WELLS FARGO HM MTGG30J 758 104S TO 1~07877SB0~ P.85 18. Foreclosure Procedure. If Lender requi~ immediete paymmtt in tull under paragraph 9, Leda' may invoke the power or sale and any other remedies ~permitted by applicable law, Lender sbali be entitled to collect ail expenmm incurred in pursuing the remedies provided in this paragraph IS, Including, but not limit;ed tO, ruson~ble attorneys' reu and costs of title evidmee. Ir Lender invokes the power of sale, l, mder shah 81ye notice or lntmt to foreclose to Borrower and to the person in pommlon of the Property, Jr different, in accordance with applicable law. Lender shall ~lve notice the sale to Borrower in the manner provided h parqraph 13. Lender 01udl publish the notice or ale, and the Prolm*ty shall be sold in the manner prescribed bY applicable law. Lender or tis deslrnee may pur~ase the Property at any male, The proceeds of the sob shall be applied in tbe foiLowinf order; (a) to sdl expenses of the sale, including, but not limited to, reasomtble attorneys' Fees; (b) to ali sums seaLv~ by this Security InKrmnent~ nd (c) any etems to the person or persons legally entitled to it, If the Lender*8 interest in thb Security instrument b hdd by the Secretery and the Secrotm7 requires immediate payment in full under l*m'qr~ph 9) the Secretary may invoke the nonjudicial power of provided in the Single Family Mort~ase Foreclosure Act or 1004 (*'Aet') (12 U.S.C, 37SI dr S~.) by requestinf a for~osure commbstonm' desisnated under the Aet to commence forec~omn'e nd to seJl the Property provided in the Act. Nothin~ in the precedins sentence dudl deprive the Sm, etary or any flshts otherwise available to a Lender under this hraFaph 18 or applicable law. 19. Release. Upon payment of all sums secured b~ tb~ Security lumvmmt, Lender shall release thio Security Imtmmem. without charge to Borrower. Borrower shall pay any recordation coots, Z0, Waivers. Borrower waiYe~ all fights of homestead exmiption in thc Property and relinquishes all rights of 21. Riders to this Security Instrument. If one or mor~ riders are executed by Borrower m~d record~l together wldl this Security Instrument, the covmimus of each such rider shall Ix incorporated into and shMi ameml and supplement d~e coveem~t~ and qreement$ of this Security InJtnunent a~ 'if the ride~($) were a part of this Security pl ~. [Check sppiJcablc box(cs)]. ndominlum RMer ~vi~S ~q~t~ l~idor annas Unit Developmen~ Rfder Gredu~ed Payment Rldcr NOU 08 2002 IS:31 FR WELLS FARGO HH MTGG303 ?58 104S TO 18078770G08 P.2t~ BY SIGNING BBLOW, Bonower accepts and a~es to the terms contatued In this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wimesses: (s~) =Borrower (S~al) , (S~) -9orrowet (se~) STATE OF WYOMING, Linc oln County as: The fote$Oinl~ insmunent was acknowledged before me this H~ 6TK, 3002 (~) by B~Z, ID& v., I~3t~31 ~y co~,,io,, s,,~,~..~~ tn, ~a::, ~ Notav/Public (~-4fl(WY) i$eo4l..o'J P,,e~ o .o,' e