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HomeMy WebLinkAbout887394Return To: Q MORTGAGE 660SOUT200 EAST #240 SALT LAKE CITY, UTAH 8 8 Attn.; SHIPPING DEPT./DOC. CONTROL Prepared By: RECEIVED ';LINCOLN COI_II~JTy CLERK BOOK '-~' 7l--~-__pR PAGE ]Space .Above Tiffs Line I?or Recording I)ataI MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 2]. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated January 27, 2003, together with all Riders to this documeut. (B) "Borrower" is ADAM D. ROBBINS and KAROLYN W. ROBBINS husband and wife. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Q MORTGAGE, a UTAH Corporation. Lender is a corporation organized and existing under the laws of the State of UTAH. Lender's address is 660 SCUT 200 EAST #240, SALT LAKE CITY, UTAH . Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated January 27, 2003. The Note states that Borrower owes Lender One Ht, ndred Seventy Three Thousand And 00/100 Dollars (U.S. $ 173,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February I, 2033. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security hlstrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Bon'ower [check box as applicable]: WYOM lNG-Single Family- Fannie Mae/Freddie Mac LINI FORM I NSTRthM ENT Page I of 16 wyctd 3051 1/01 533 [ ] Adjustable Rate Rider [ ] Condominium Rider [ ] Second Home Rider [ ] Balloon Rider [ ] Planned Unit Development Rider [ ] 1-4 Family Rider [ ] VA Rider [ ] Biweekly Payment Rider [ ] Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Co~nmunity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or tile Property by a condominium association, homeowners association or similar organization. (J) "Electrouic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit all account. Such tem~ includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, aud atttomated clearinghouse transfers. (K) "Escrow Items" lneans those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction 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 ot; or omissions as to, the value aod/or condition of the Property. (M) "Mortgage lusurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" meaos the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq. ) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended fi'om time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loau" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to tile Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) tile repayment of the Loan, and all renewals, exteusions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and tile Note. For this purpose, Borrower does hereby mortgage, grant and convey to Leuder and Lender's successors and assigns, with power of sale, the followiug described property located in tile County [Type of Recording .lurisdiction] of LINCOLN [Name of Recording Jurisdiction]: Page 2 of 16 I{'ornl 3051 1/01 554 SEE ATTACHED LEGAL DESCRIPTION Parcel ID Number: 35193540010700 which currently has the address of 528 CARIBOU LOOP [Street] THAYNE [City], Wyoming 83127 [Zip Code] ("Property Address" ): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to itl this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifom~ covenants for national use and non- uniform covenants witb limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower m~d Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay wben due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay flmds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shal[ be made in U.S. currency. However, if any check or other instrument received by Lender as paymeut under the Note or this Security Instrument is returned to Lender unpaid, Leuder may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leuder when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial Page 3 of 16 Form 3051 1/01 Initials: ~)&/J~U~Uo~'''~/ payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights herennder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the tinne such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring tile Loan cun'ent. If Borrower does not do so within a reasonable period of time, Lender shall either apply such t'unds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or itl the fnture against Lender shall relieve Borrower froln nlal<ing payments clue under the Note and this Security Instrument or performing tile covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except 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 under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, tile payment may be applied to the delinquent payment aud the late charge. If inore than one Periodic Payment is outstanding, Lender may apply any payment received fi'om Borrower to the l'epayment of tile Periodic Payments it; and to the extent that, each payment can be paid in full. To tile extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepaylnent charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal dne under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds" ) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if ally; (C) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums ill accordance with tile provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of tile Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Leuder the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, sinai[ fnrnish to Lender receipts Page 4 of 16 Form 3051 1/01 Initials: ~. 596 evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as tile phrase" covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due fol- an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate tile amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. Tile Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree iu writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, all annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held ill escrow, as 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, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up tile shortage in accordance with RESPA , but in no more than 12 monthly payments. If there is a deficiency of Fnnds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shnll pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security lnstrun~ent, leasehold payments or ground rents on tile Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pa5' them in tile rammer provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to tile payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests tile lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent tile enforcement of tile lien while those proceedings are pending, but only Page 5 o1'16 I"orm3051 1/01 Initials: ~ 557 until such proceedings are concluded; or (c) secures from the holder of tile lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which caa attain priority over this Security Instrument, Lender may give Borrower a notice identifying tile lien. Within 10 days of tile date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set fbi-th above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reportiug service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep tile improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within tile term "extended coveraae, and ally other hazards including, but not limited to, earthquakes and floods, roi' which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for tile periods that Lender requires. W hat Lender requires pursuant to tile preceding sentences can change during tile term of the Loan. The insurance carrier providing tile insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certificntion. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase ally particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Bon'ower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously ill effect. Borrower acknowledges that the cost of tile insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from tile date of disbursement nnd shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standnrd mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have tile right to hold tile policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fo,'m of insurance coverage, not otherwise required by Lender, for damage to, or destruction of; the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgngee and/or as an additionnl loss payee. In the event of loss, Borrower shall give prompt notice to tile insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair Page 6 of 16 is economically feasible and Lender's security is not lessened. During such repair aud restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds fol- the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, re£ained by Borro\ver shall not be paid out of the insurance proceeds and shall be tile sole obligation of Borrower. If the resto,-ation or repair is not economically feasible or Lender's secvrity would be lessened, the insurnnce proceeds shall be applied to the sums secured by' this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in tile order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate nnd settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle tile claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires tile Property under Sectiou 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under tile Note or this Security Instrument, aud (b) any other of Borrower's rights (other than tile right to any refund of unearned premiums paid by Bon'ower) uuder all insurance policies covering the Property, inso~kqr as such rights are applicable to tile coverage of the Property. Lende,-may use the insurnnce proceeds either to repair or restore tile Property or to pay amounts unpaid under tile Note or this Security lnstrt, ment, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use tile Property as Borrower's principal residence within 60 days after tile execution of this Security Instrument and shall continue to occupy the Propmly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which conseut shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair tile Property, allow tile Property to deteriorate or corem it waste on tile Property. Whether or not Borrower is residing in tile Property, Borrower shall maintain tile Property in order to prevent the Property fi'om deteriorating or decreasing in valne clue to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid ill connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such pm-poses. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligatiou for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon anti inspections of tile Property. If it has reasonable cause, Lender may inspect the interior of tile improvements on tile Property. Lender Page 7 of 16 Form 3051 1/01 Initials: ~,~_ ~ 599 shall give Borrower notice at the time of or prior to such all interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or auy persons or entities acting at the direction of Borrower or with Borrower's knowledge or conseut gave materially false, misleading, or inaccurate inforrnation or statemeuts to Lender (or failed to provide Lender with material iuformation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Bon'ower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest iii the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Secnrity lustrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrulnent or to enforce laws or regulations), or (c) Borrower has abandoned tile Property, then Lender may do and pay fol- whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which bas priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in tile Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, eutering the Property to make repairs, change locks, replace or board up doo,'s and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does uot have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender unde,' this Section 9 shall become additional debt of Borrower secured by this Security Instrunaent. These amounts shall beat' interest at the Note rate from the date of disbursement and shall be payable, with such iuterest, upon notice fi'om Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Bon'ower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage lnsu,-ance. If Lender required Mortgage Insurance as a condition of making the Loau, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, fol- any reason, the Mortgage Insurance coverage required by Lender ceases to be available fi'om the mortgage 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 substantially equivalent to tile Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Bon'ower of the Mortgage Insurance previously iii effect, fi'om au alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use aud retain these payments as a non-rehmdable loss reserve in lieu of Mortgage Page 8 of 16 Fm'm 3051 I/IH GOO Insurance. Such loss reserve shall be non-refundable, notwithstanding the Knct that the Loan is ultimately paid ill full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer reqnire loss reserve payments if Mortgage Insurance coverage (in the amount and roi' the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Bon'ower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay tile premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with ally written agreement between Borrower and Lender providing roi' such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay iuterest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases tile Note) roi' certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force fi'om time to time, and may entel' into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and tile other party (or parties) to these agreemeuts. These agreements may require the mortgage insurer to make payments using any source of fimds that the mortgage insurer may have available (which may include funds obtained fi'om Mortgage Insurance premiums). As a result of these agreements, Lender, any purcbaser of the Note, another iosurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fi-om (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not iucrease the amount Borrower will owe for Mortgage Insurance, and they will uot entitle Borrower to any refund. (b) Any such agreements will not affect tile rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may inclnde the right to receive certain diselosn,'es, to request and obtain cancellation of tile Mortgage Insurance, to have the Mortgage lnsurauce termi.ated automatically, and/or to receive a refund of auy Mortgage lusurance i~l'emiums that were unearued at tile time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if tile restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall bave the right to hold snch Miscellaneous Proceeds until Lender bas had an opportunity to inspect snch Property to eusure the Page 9 of 16 Form 3051 1/01 601 work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and resto,'ation in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leuder's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, xvith the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds sball be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partinl taking, destruction, or loss in value of the Property in which the fnir market value of the Property immediately before the partial taking, destrnction, or loss in value is equal to or greater than the amount of tile sums secured by this Security Instrument immediately before the partial tnking, destruction, or loss in value, unless Borrower and Lender otherwise agree m writing, the sums secured by this Security lustrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fi'action: (a) the total amount of tile sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the flqir market value of tile Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In tile event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before tile partial taking, destruction, or loss in value is less than tile amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sbatl be applied to the sums secured by this Security Instrument whether or not tile sums are then due. If the Property is abandoned by Borrower, or it; after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim fbr damages, Borrower t2qils to respond to Lender within 30 clays after the date tile notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or tile party against whom Borrower has a right of action in regard to Miscellaneot, s Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed xvitb a ruling that, iu Lender's judgment, precludes fbrfeiture of the Property or other material impail'ment of Lender's interest in tile Property or rights under this Security Instrument. The proceeds of any award or clnim for damages that are attributable to the in~pail-ment of Lender's interest in the Property are hereby nssigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided fol' in Section 2. Page 10of16 Form 3051 1/01 Initials: ~/~~~ S02 12. Borrowel- Not Released; Forbearance By Lender Not a Waiver. Extension of the time fbr payment or modification of amortization of tile sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors m Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leuder in exercisiog any right or remedy including, without limitation, Lender's acceptance of payments fi'om third persons, entities or Successors m Interest of Borrower or in alnounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successor s and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a ' ',~ co-s ~er ) (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-sigoer's consent. Sub. ject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leoder, 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 h~strument shall bind (except as provided ill Section 20) and 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 the purpose of protecting Lender's interest in the Property and rights under this Security lnstrunqent, including, but not limited to, attorneys' tees, property inspection and valuation fees. In regard to any other tees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leoder may not charge fees that are expressly prohibited by this Secul-ity Instl-ument or by AppLicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected fi'om Borrower whicb exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. [fa retired reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower wil} 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 Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument Page II of 16 Form 3051 1/01 Initials:/~4,~_(_~ 08873 ) % 6 03 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 otber means. Notice to any one Borrower shall constitute uotice to all Borrowers unless Applicable Law expressly requires otherwise. Tile notice address shall be tim Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bo,'rower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security lnstrun~ent at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. lfany notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement uuder this Security lnstrunlenl. 16. Governing Law;Severnbility; Rules of Const,'uction. This Security lnstrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument nre subject to any requirements and limitations of Applicable Lnw. Applicable Law might explicitly or implicitly allow the parties to ag,'ee by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that auy provision or clause of this Security Instrument or tile Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or tine Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Cop),. Borrower shall be given one copy of the Note and of this Security lnstrumeut. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond tbr deed, contract tbr deed, installment sales contract or escrow agre,ement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tile notice shall provide a period of not less than 30 days from the date tile notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to tbe expiration of this period, Lender may invoke any remedies permitted by this Security Instrmnent without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have tile right to have enforcement of this Security Instrument discontinued Page 12 o1:16 Form 31}51 1/01 634 at any time prior to the earliest of.' (a) five days before sale of the Property pursuant to any power of sale contained in this Secm'ity Instrument; (b) such other period as Applicable Law might specify roi' the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. T hose conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expeuses incurred in enforcing this Securit3f Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation · fees, and other tees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such actiou as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security lastrun]ent, shall continue unchanged. Lender may require that Borrower pay such reiustatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumeutality or entity; or (d) Electronic Funds Transfer. Upou reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or apartial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer" ) that collects Periodic Payments due uuder the Note and this Security Instrument and performs other mortgage loan servicing obligations L, uder the Note, this Security Iustrument, and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises fi'om the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached an}, provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before ce~xain action can be taken, that time period will be deemed to be reasouable fbr purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a)"Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law Page 13ofl6 Form 3051 1/01 and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the_jurisdiction where the Property is located that relate to health, safety or envi.'onmental protection; (c) "Environlnental Cleant. p" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. Tile preceding two sentences shall not apply to the presence, use? or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Euvironmental Law of which Borrower bas actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by tile presence, use or release of a Hazardous Substance which adversely affects tim value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for' nn Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender filrther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give uotice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement i, this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) n date, not less than 30 days from tile date the notice is given to Borrower, by which the default must be cured; hud (d) that failn,-e to cure tile default ou or befo,-e the date specified in the notice may result in acceleratiou of the sums secured by this Security Instrument hud sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the ,'ight to b,'ing a court action to assert the non-existence of n defnt, lt or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option inay require immediate payment in full of nil sums sect, red by this Security Instrument without further demand nnd may invoke the power of sale and nuy other remedies permitted by Applicable Law. Lender shall be entitled to collect nil expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, ,'easonnble attorneys' fees and costs of title evidence. Page 14of16 r~r~ F~ If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower aod to the per son in possession of tile Property, if different, in accordance with Applicable Law. Lender shall give notice of tile sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase tile Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, ,'easonable attorneys' fees; (b) to all sams secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security lnstrunlent, but only if the fee is paid to a third party for services rendered and tile chm'ging of the fee is permitted under Applicable Law. 24. Waivers. Borrow'er releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. Page 15 of 16 Fill'n! 3051 1/01 I n itia Is: ~'{J,,J~ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Bon'ower and recorded with it. Witnesses: ADAM D. ROBBINS -Borrower KAROLYN W. ROBBINS (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WYOMING, ~ County ss: The foregoing instrument was acknowledged before me this ~7~z~ ADAM D, ROBBINS and KAROLYN W. ROBBINS My Co n hiss o ~ Ex ires' ~ ]COUNTY OF ~ STATE OF [ Not,~'v Public LINCOLN ~ W~MING Page 16ofl6 Form 3051 1/01 Legal Description - Robbins Lot 31 of Bridger View Ranches Subdivision, Lincoln County, Wyoming as described on the official plat thereof