HomeMy WebLinkAbout88944618 2003
12:41FR WFHM
402
2646 TO ~1~07B?79602 P.13
R~urnTo:
WIlL~5 FA~(t~3 HOMI~ MORTGAGI, iNCi
3601 MINNESOTA DR. ~TE 200
BLOOM.INGTON, ~ ~5435
Prepared By:
1919 DOUGLAS,, OMAHA, N~
651010000
889446
RECEIVED
'LINCOL~,~ COtjlXlTy CLERK
BOOK 51~ PR PAGE 6 7 2
Al~e T~ Li~ Far Recording Data]-
MORTGAGE
DEFINITIONS
Words used in multiple section~ of this d~cument are defined below and other word~ are d~fined in
Sections 3, 11, 13, 18, 20 and 21. Certain ~-ul~ regarding the usage of words used in this document are
also .provided in Section 16. :
(A) "Security ~ent" means this doctu~t, which is datedAPltlL 18, 2003
together with all Riders to this document. ' '
(B) "Borl'ow~r" iS ~tRIAN T, BIIKT01~ AJ~D TRII~FII~II K. BURTON, HUSBAND AND WIFP-
gorrower i~ the mortgagor u~der this Security Imtrument.
(C) "Lender" is WELLS i~ARGO EOKB M~RTC, AGE, INC.
l_,~nder is a CORPORATION
orgaaiz, ed and existing under the laws of ~ 5?ATlt 0i~ CALI~'ORNXA
WYOMING-$1rigle Family-Fannie MaatFteddle Ma,
UNIFORM INSTRUMENT
Form 3051 1/01
APR 18 2~03 12:42 FR W~HM
~0~ 536 264~ TO
P.14
Leader%address is P.O. BOY 10304t, DES MOIlq']:$, IA 503060304
Leader is the mortgagee ~der ~ ~dty ~nst~t.
~) "Note" ~ ~e pro~o~ ~te ~ig~ by ~ower ~d d~ed~aXu 1~, ~oo3 ,
~cNote ~mtcs ~ ~wcr owes ~d=O~ ~D ~ ~OU$~ ~ oo/ioo
; Dollus
(U.S, $*'''103,000.00 ) pl~ ~e~t. ~owo~ ~ pro~d ~ pay ~ deb~ ~ rc~l= P~i~ie
~) "~o~y' ~ ~e pro~ ~ b d~i~ ~low ~r ~e he~mg "Tr~fer of Rights in
~op~y.'
~ "L~' ~ ~e d~t evi~ by ~ Note, 91~ ~e~t, ~y p~aym~t ¢~ges
due ~der ~e No~, md ~ sm due md~ ~is ~iW Im~mt, plm ~t~t.
(G) "~d~" me~ ~1 Ri~ to ~a S~u~ty ~mt ~t ~ ex~t~ by ~ower, ~e follow~g
~dem =e to ~ ~x~ut~ by Bo~ower [ch~ box ~ a~plic~le]:
~ Adj~le R~e Rid= ~ Condomin~ ~ [ ~ ~ond Ho~ ~der
~ Bal~a m~r ~ P]~ U~k ~wl~nt Rider ~ 1-4 F~y Rider
o~d~ ~d ~,tlative ~ef ~ o~s (~a have ~e eff~ct of law) ~ w=H ~ ~ apphcable fi~,
non-~le ju~ci~ op~o~.
~ "C~mmW A~on ~, F~, ~d ~~U" ~ms ~1 du~, fees, a~ss~ats ~d
ch~ie, mat ~ ~ on ~mw~ or te Pm~y by a co~o~um ~i~ion, honorers
u~iation or s~= or~tion.
check, ~, or i~ p~r ~m[, ~which is ~fi~ ~u~ ~ ~l~ffic t~, =l~honic
inst~L ~uter, or ~netic ~ m a to o~er, ~sma, or au~orke a ~ci~ ~timtion to debit
or ~it ~ ~t. Such tern ~cl~, but is not l~t~ to, po~t~f-s~e tr~sf~s, a~to~ed ~ller
by ~y ~kd p~ (o~e~ ~ mm~ p~ pdd uM~ ~e ~v~g~ de~chb~ ia S~tion 5) for: (i)
danmg~ to, or d~ction of, ~e ~, (ii) ~ndmtion or o~ taklng of ~1 or ~y p~ of
~o~; (iii) convey~ in lira of ma~ioa; or (iv) ~s~r~mio~ of, or
v~ ~d/or rendition of ~, ~p~y.
~ 'Momgag~ ~m" ~ ~ur~ prot~g ~ agorot ~e nonpa~t of. or deh~t on.
~ "P~c ~ent" me~ ~e ~ulgl~ seh~O~ taunt due for (i) pnncip~ ~d inm~t ~der
NO~, pl~ (ii) ~y motors md~ ~Oon 3 bf ~ ~ufity
(O) "~PA' ~s th, Re~ htate ~fle~t Pr~ Act (12 U.S.C. S~fion ~01 ~t ~.) md its
~lemeat~g re~on, Reg~aioa X (~I C.F.R. P~ 3~), ~ ~ ~t ~ 'mead~ ~om
ti~, or ~y ~i~oad or auc~mr 1,g~lafibn or regulatioa ~t gove~ ~e m subj,[
in ~s ~ ~t~t, "RESPA" ~fe~ to all r~k~menB ~d restrictions ~at ~, ~o~ ~ reggd
to a 'f~e~y mlat~ magage 1o~" ~ea!ff ~e ~ d~s not q~i~ a a "f~er~y rela~ ~ngage
lo~" ~der RESPA.
673
APR
12:42 FR WFHM 536 2848 TO 813078778602
402
P.15
fl~ 'Successor in Interest of Borrower" m~an$ any party Lhat has taken fide to the Property, whether or
not that party ha~ assumed Borrowe'c's obligifion~ under the Nora ~d/or this Security I~mlment.
TRANSFER OF RIOHT$ IN THE PROPERTY
This Security lnstnanent secures to Lander: ii) the mpaymeat of th~ Loan, and all x'enewals, extensions aad
modifi¢atJona of.the Note; and (ii) the per~.ormance of Borrow~'s covenants and a~eemeat$ uader this
Security Im'trua~t md the Note. For this purpose, Borrowe~ does here~y mortgage, grant and convey to
Lender and Lender's successors and a~signsi with power of sale, the following described pxC~eCty located
in the ~Otm"rY of ~.~COIA,[ :
[Type of l~7.oMl~/ur~dicdo~] i [Nm of R.~.ordlng Jurisdiction]
LOT 2. 01~ TI~ HAI~I~¥ VA/.,~Y I$?~TBS, LENCO~ COl~rl~, w~ol~mcG A~ DEI;CRTB~,.O
ON ~ OFlrgC.%~ I:I,A.T TI~R301~ :
TAX STATEMENTS SHOULD
BOX 10304, DEB MOINE$, IA 503,
Pazeel ID Nnml~r:
414 }~{J~PPY V'~I~.~Y CRD 156 t~
("Property Address"):
TOOETH]gR WITH ~11 the improv~'m¢nts
~Oi WELLS FARC, O NOM~ MOI~T~AG~Z, INC., P.O.
60304
which earrently has the address of
[Street]
[City] , Wyoming 63110 [Zip Code]
now or hereaftex erected on thc property, and
ea.~-me~ts, appurtenant, and fixt'un~ now or her=af~ a p~ of ~e pw~y. ~1 ~l~t$ ~d
~ditions s~l dso ~ mv~ by ~s ~ity Imt~t. A~ of ~ f~egoMg is ref~
BO~OWER ~VENA~ ~t Bo~ow~ is la~y seis~ of ~ ~t~ he~y ~nv~ed ~d h~
ri~t to ~g~e, ~I ~ ~n~y ~6 ~pe~y ~d ~ ~ ~o~ is ~en~, exit for
m~e~ of r~rd. Bonow~ w~ ~d ~1 &fend g~flly ~e tire to
cl~ md d~s, ~bjgt ~ my ~rmces off--rd.
THIS S~U~TY ~R~ENT ~ ~om eov~ for ~io~
mv~u ~th l~t~ vm~om ~ jurisdiction to mmti~ a ~fom ~fity ~t~nt mverMg
pro~.
UNI~ COVEN~T$. ~wer md ~naer ~v~t ~d agrm ~ follows:
1. ~t of ~Mdp~, ~t~ ~ow Item% ~ent Chum, ~d Late Ch~gm.
~ow~ shill pay whea due ~ p~cip~ ~of, ~d Mte~t on, ~e d~t evid~ by ~e Note ~ ~y
pr~ay~t c~g~ ~d late ch~gm ~e =~er ge Note. Bormwe sh~ tim pay ~ds for ~ow Ite~
p~m~t to ~fion 3. ~.~ts due =der:~e Nora ~d ~is ~ ~t sh~ ~ ~de M U.S.
c~ency. Howev~, if <y ch<~ or o~er ~t meiv~ by ~nd~ ~ paym<t u~er ~e Note or ~is
,~e3o,~s ~ ro~3o51 1/o1
:~$uI /4,u'rm~ s!ql p~ oloN ~ql aapun =rip
s~ 'muOj Itu!a~oiio! aql Jo ~tom ~o ouo u! ~p~u oq lr~xxm
mu,%~d ~uonb~qns ID ~o ,(us ]~n *~!nbo~ ,~ua lgp~'l 'p.m'd
9I
2_.OSSLL8LOCIS 01 9~'SE 9Cg EO~'
NH~M
C00E B I
Mdd
18 200~
12:~3
FR
WFHM
SlJO?877~G03
P.I?
676
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipt~ evidencing ,~uch psym~t within such time period as Lender may require.
Borrower's obligation m make such paym~mts and to provide receipts shall fOr all purposes be cleemed to
be a covenant and as~eement contained in this Security Insmm~.-m, as the phrase "covcnam and agreemm~t"
i, used in Section 9. If Borrower is obligated to pay F~crow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an ~crow Ir. em. Lender may exercise its rights trader Section 9
md pay such amount and Borrower shall then be obligated under :Section 9 to repay to Lerder any such
amount. Lender may revoke the waiver as
ax~otdance with Section 15 and, upon
such amounU, that are then required under th~ Section 3.
Lender may, at any tLme, collect aad'h.~ld Punds in an amount (a) sufficient to permit lender to apply
the lCSmds at the dine specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimaie the amount of Funds due on the basis of cunent dar. R and
reasonable estimates of expenditure~ of furore Bt, crow Items or otherwise in accordance with Applicable
Law. ;
The Funds shall be held in an institution whose deposits am insured by a federal agency,
ingtmrmentality, or entity (including Lentil, if I_~tnder is ~n institution whose deposits are so insured) or in
any Pederal Home Loan Bank. Lender shall ~ply the Punds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrowex for holding and applying the Punds, annually
analyzing the es:mw account, or verifying the Er, crow Items, unless Lender pays Borrower interest on the
Punds and Applicable Law perrrdta Le~ t~ make such a charge. Unless an agreement Is made in writing
or Apphcabl· Law requir~ interest to be p~.'d on the Punch, Lender ~hall not be requked to pay Borrower
any interest or eantings on the Punds. Borrower and Lender can agree in writing, howt.-ver, that interest
shall be paid on the Funds. Leader ~hall give to Borrower, without charge, an annual accounting of the
Punds as required by RESPA.
If there is a surplus of Funds held in escrow, as defin~ u~der RESPA, Lender shall account to
Borrower for the excess funds in accotdan~ with RESPA. If there is a shortage of Fnnd, held in C~Crow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the mount necessa~, to make up th8 shortage in accOrdance with RESPA. but in no more than 12
monthly paytmats. If there is a deficiency 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 neces~ry to .make
up the deficiency in accordance with RESPA., but in no more than 12 monthly payments.
Upon payment in full of all ~mm~ secut'ed by this Security' Instrument, Lender shall promptly refund
to Borrower any l:uncb held by Lender.
4. Charges; Liens, Borrower shall i~y all taxes, assessments, charges, Fme~, and impositions
attributable to the Property which can attain: priority over this Security In~trament, leasehold paymems or
ground renu on the Property, if any, and Community Association Dues, Fees, and Asr, e~smems, if any. To
the extent that the~e iterm are Escrow Irene, ',Borrower shall pay them in the manner provided in Section 3.
Borrower shall pmmpdy diaeha.qle an~ lien which has priority over this Sccurit7 Instrument unless~
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long ~ Borrower is performing such agreement; Co) mntesU the lien in good faith
by, or defea~ against erd'orcement of the hen m, legal proceedin[$ which in Lender's opinion operate to
prevent the enforcement of the lien wMle those proceedings ge pending, but only until such proceedings
are concluded; or (c) secures from the holder of the 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 can attal~ priority over this Security Imtmment. Lender may give Borrower a notice identifying the
1/Ol
F~PR
18 2803
i2:4~ FR WFHI~ 402 536 2646 TO 91307877~682
P.18
677
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the a~tions set forth above in this S~-tion 4.
I~nder may r~uim Borrower to pa~, a one-time charge for a real estate tax v~n'ification md/or
reporting ~ervi~ us~ by Le~dcr in ¢oaDectibn with tl~ I.,om.
S. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erec~ecl on
the Pmper~y insured against lots by ~'e, b~-,rds included within the term "extended coverage,' and any
other hn?~rds including, but not limited to, .earthquakes and floods, for which Lender requires insurance.
This insurance shall be maimni,~ in the '.amounts (including deductible levels) and for the periods that
Lender requires. What Lender requir~ pursuant to the preceding sentences can chan&e dunng ~ term of
he Lo~n. The insurance carrier providing the insuranc~ sltall be chosen by Borrower subjea to
fight t~ disapprove Borrower's choice, which right ~hall not be exercised tar~asonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
demrminsdon, cenificalion sad tracking service~; cr (b) a on~-tkne charge for flood zone d~t~minat, ion
~ud certification services nad subseq~nt charges each time r~mappin~s or similar changes occur which
~easonably mi~t affect such deter~i~!don or certification, Borrower shall also be re.~ponsible for the
paym~i of any fee~ impo~xt by the Pederal Emergency Man~ement Agency in connection with the
mvi~w of any flood zone dcmrmination rcs~tin§ from an object, ion by Borrower.
If l:lorrower fails to n~in~aln anl~ of the coverages described above, Lender n~y obtain inimra~e
coYeraie, at Lender's option and Borrower's expend. Lender is under no obligation to purchase any
particular type or amount of ccver~e. Therefore, such coveale shall cover Lencler, but mi~t or might
not @rotec£ Borrower, Borrower's equity in the Property, or the cont~mts of the Property, against any risk,
hazard or liability and ndght provide greater or lesser coverage tha.u w~ previously in effect. Borrower
acknowl~dses that the cost of the insurance coverage so obtained might significantly exc.~ed the cost of
insurance that Borrower col~ld have obtained. A~y amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured', by this Security Iv. stnm~t. These amounts shall bear interest
at the Note rate from the d~.te of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
Ail insurance policies required by L~ck~r and renewals of such policies shall be subject ~o Lender's
right to disal~rove ~uch policies, sh~ll inClu~ a standard mortgage ¢la~se, and shall name Lender
mor~agee and/or as an additional loss psyee. Le~der shall have the righ~ to hold the policies nad renewal
certificates. If Lender requires, Borrower shall promptly give m Lender all receipti of paid premiun~ and
~-newal notices. If Borrower obtni~ any fqrm of insurance coverage, not otherwise required by I.~nder,
for dnrr~ge to, or d~tr~ction of, thc Properly, su~ policy shall include a standazd mortgage clause and
shall uam~ L~nd~r a~ mortgagee and/or as an addidoual loss payee.
In the event of loss, Borrower ~hall g~ye prompt notice to the insurance carrier and l.~nder. Lender
may make proof of loss if not ma~ prompQy b~ Borrows. Unless l..~nder and Borrower otherwise agree
in writinl~, an~' insurance proceeds, wheitler:cr not the underlyin§ insurance was r~luir~ by Lend~r, shall
be applied to restor~on or repair of the Property, if ~e restoration cr repair b economically feasible
Lender's security is not lessened. D~ring such r~pair and r~storation l:~hod, Lender shall have the righ~ to
hold such insurance procee~ until L~nder has had m opportunity ~o inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that ~ch inspection shall be und~
promptly. Lender may disburse procee~ fo~' tile repairs and restoration in a single payment or in a series
of progress payments ~s the work is completed. Unless ~u al~eement is made in writing or Applicable Law
r~luires interest to be paid on such insurance proceeds, l_~.'nder shall not be required to pay Borrower any
int~ or earnings on such proceecls. F~ for public adjusters, or other 0tird panics, retained by
Borrower shall not be paid out of the trtrurance proceeds and shall bc th~ sole obligatiou of Borrower. If
the restoration or repair is not e~onomically '.feasible or Lender's security wot~ld be lessened, the inruran=e
procee~ al'tall be ~plied to ~he sums secured by this Security InstrumenL whether or not then due. with
1~-60NY) ¢00 f, .~,~ ~ ~ ,I -~ Forrn 3051 1/01
~PR
12i44 FR
WFHH
40E
284~ TO
~1307877~G0£
P,19
678
the excess, if any, paid tn Bon~ower. Such insurance proce~ls sha~l be applied in the order pmvid~ for m
~ection 2.
If Borrower abandons the Prol:erty, Lander may file, ne$otiale ami settle any available insurance
claim and rela~ed w.~it~rs. If Borrow~ does not re~lx~nd within 30 days w a ~oticc from Lender that the
ir~ura~'e carrier has offered to se~tle a claim, ~ Lender m~y negotiate ~ se[fie the claim. The 30-day
peri~ will belin when the notice is given. In either event, or if Lender acquires the Property under
SeCtion 22 or otherwise, l~orrower hereby' assigns ~ l~n~r (it) Borrower's rights to any insurance
proceefls in an aroount not to ~ce~l the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's riih~s (other than the right to any refund of unearned pr~'miums paid by
Bo~ower) under all insurance policies cov~.ri~ thc Prol~rty, m,ofar ~s such .,'i,~hts are applicable ~o the
corette of the Property. Lender may u~e the insurance proe_e_~_s either to repair or restore tim Property or
to pay amounts unpaid under the Note or fbi's Security Instnunent, wh~her or not then due.
6, Occupancy. Borrower shall occupy, esuabli~h, and use ~e Property as Borrower's principal
residence within 60 days after the execufioh of ~ Sea,u'ity Instrument and shall continue to occupy the
Property al Borrower's princlpa rcskP, ace for al lea~ one year aher due da~e of occupancy, unless Lender
o~erwise agree~ in wri~in§, which consent shall uot be unreasonably withheld, or unless exteuu~ti~g
circurmtances exist which ~re beyond Borrower's consol.
7. Pre~_,-vation, Mainteuance and Protection of tile Property; Iz~mctions, Borrower shall no~
de~-oy, damage or impair ti~ Prop~y, 'aglow the Property to deteriorate or co~t waste on Ihe
· Property. Whether or not Borrower is residing in the Prope~, Borwwcr sh~l maintain the Property in
· order to privet the Property from detcrlo~afinl~ or d~creasing in value duc to it~ condition. Units ii is
determined pursuant to Seaion $ thai repair or restoration is not economically feeble, Borrower shall
promptly repair the Property if darn~ed to avoid further deterioraQon or damage, If insurance or
condemnation procec~ are paid in connection ~th dan~e to, or thc taking of, thc Property, Borrower
shall be responsible for r~iring or r~smrint the Prol~"~y only if Lender has rcleas~ proceed~ for Such
purposes. Lender may dishur~e proceedi for the repairs and re~tomion in a single imYm~t or in a series of
progress payments a~ thc work is completed. If thc insurance or condemnation proc.~d~ are not sufficient
to repair or restore the Propa'ty, Borrower is not relieved of Borrower's obligation for the comPletion of
such r~air or restoration.
Lender or i£$ a~nt may make reasonable er~ies upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. l. znder shall tire
Borrower no,ice at the time of or prior ~o such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. BOrrower shall bc in default if, during the Loan application
process, Borrower or any persom or entities actin~ at the dirt~tion of Borrower or with Borrow~'s
knowl~lge or consenl gave rnalerillly false, misleadinll, or inl~urali information or stalernents to Lender
(or failed ~o provide Lender with martial information) in connection will the Loan. Material
r~rcsentations include, but are hOC limi~ to, rcprcs~n~lons concerning Borrower's occupancy of ~he
Property al Borrower's principal residence.
9, Protection of Le~der~s Imerest in the Property and 1t1~ts Under this &ecurtty Instmu~enl.. Ii
(a) Borrower fails to perform the covenants and lgreernents contained in this Security Instrurr-,'nt, (b) there
is a l¢l~al proce~lin~ tha~ might si!nificantly 'tffect Le~der's interest in the Prolx~rty and/or ril~hts under
this Security Insuument (such ~s a proceeding in bankn~wy, probate, for condemnation or forfeiture, for
enfo~t of a lieu which may alIain priority over this Securiq, I~tmn~nz or to enforce laws or
r=gulations), or (c) Borrower has abandoaeg the Property. th=n Mndcr may 0o and pay for whatever is
reason,~ble or appropriae to protect Lend.er's interest in the Property and rishts under this Security
instnn-nent, including protecting and/or as~essini the vague of the Property, and s~:urini and/or repairing
Ibc Propen'y. Lender's actions can include, but ire no~ limited to: (a) paying any sums secured by a lien
which has priority over this Security In,smiment; (b) appe~-mg iu court; and (c) payin~ reasonable
APR
FR DFHM ~64~ TO
402
~1307877~688
679
attorneys" fees to protect its/nter~t in th~ Prol~u'ry and/or rights under this S~curity Instrument, including
its secured position in It bankruptcy proceeding, Securing the Property in~ludes, but is not limiled to,
~ntcriog thc Property to make repairs, change locks, r~plac~ or board up doors and windows, dr$.in wa~r
from pip, g, elLtrrlnfl,, building or other exude violations or d~ngerous conditions, and have utiliti~ tlaramd
on or off. Although Lender may ta~e action ~nd~ this Section 9, I.~der does not have to do so and is not
und~ arty duty or oblig$lion to do so. It i$ agreed thnt Leader incm no liability for not t~,.ing ~ny or ail
a~tio~ anthorized under thi.~ Section 9,
An), amounts disbursed by Lender urM. er this $~tion ~) shall becon~ additional debt of Borrower
sec.~urod by this Scc. urity Lustmm~t. Th~s~. amounts shall b~ar Lut~r~t at the Note cate from t~e Cate of
disburs~n~at and shall b~ payable, with su'~ interest, upon noti~ from I_~d~ to Borrower requesting
payment.
If thi~ Security In.?tmn'lent ia on a leasehold, Borrower ~h~ll eorn~ly with all the provisio~ of the
leas~. If Borrower ar.q~ros fe~ title to the Property, th~ lrascholcl and the fe~ title shall not m~rge unless
l.~nder agr~s to the rr~ger in writing.
10, Mortgage Insta'~ee. If Lender required Mortgage Insurane~ as a condition of making the Loan,
Borrower ahail pay the promiums ~ to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage ~ce ;owrage required by Lender ceases to be available from the mortgage i~u~r that
pr~lously provic[ed such l~surance and Borrower was required to make separazely d~slgnated payments
Iowa.rd the ptemlum.~ ilar Moagage I.u. mmne~,, Borrower- ~kall pay the pr~nium$ r~luLr~i to obtain
;overage subs~antiaily equivaimt to the M6rtgage Insurance previously in eff~t, at a cost substantially
equivi~l~t to the cost to Borrower of the Mortgage Insurance previously in effect, from a~ alternat~
mortgage insurer selected by I..¢nd~r. If subs~uadally ~lUiValent Mortgage Insurance coverage is not
available, tlorrower ~hal[ continue to pay to 12~ler th~ amount of the r, epa~a~ely de~il?ated payment~ tl~t
wer~ due when the insurance coverage ceded to be in effect. I.~:ld~ will acc~t, use a. nd r~,ain thes~
payments as a non-rofundable loss reserve in lieu of Mortgage Imurmee. Suel~ loss re~sorve shall ]ac
non-refimdable, notwithst~ding ~e fac.~ tha~ the Loan is Kltim~tely paid in full, and Lender sh~.ll not
r~ludl'ed to pay Borrower any interea! or earaing~ on ~e..h loss reserve. Lender can no longer require
reserve payrn~t$ if Mortgase Insuran;e coverage (in the amount and for the period tlxat I.~der requLres)
provided by an i~sm~ selected by l.~a~ter again boc~mes available, is obtained, md L~der r~lUire, s
$oparat~ly d~signat~i pa),m~nts toward the p'remium$ for Mortgage ~s~rmee. If Lender r~luir~ Mortgage
lnsuran~ as a e.c~adition of m,fi:i~ the Loa:l and Borrower was required to make s~arately
payments towaxd the premiums for Mortgage I~uran~, Borrower shall pay the premiums required to
maintain Mortga$o insuranc.~ in efl'~t, or to provide a non-refu~d~le loss ~eserve, until Lender's
requLrem~t for Mortgage Lusurance ead~ in ac~retano~ with ~y written ~t b~*w~en Borrower ~nd
Imader providing for such termination or until termination i~ required by Applicable Law, Nothing in this
Section 10 affe¢'ts Borrower's obligation to pay ~ter~t at the me provided in the Note.
Mortgage l~uran~ reimburses I.~nd~r (or any entity that p~dla~s the Not~) for certain loase~ it
my incur if BorrOwer do~s ~o; reply thc Loan as agr~:l. Bon-ower is not a party to ~e Mortgq;e
Mortgage insurers evaluate their totai rhk on ifil $I1~ hasuran;e in force from ~ to time, and may
entee Luto agl-eea~nts with other parries th,at.~xr~ o~ modify their risk, or reduce 1o$~. Tlaese asr~meats
are oa tertm md conditions that are satiMa~tory to the mortgage k~m"er and the oflaor partT (or p~'ti~) to
these agro~r~nts. These agreements may r~illire the mortgage insurer to make payments ushlg imy source
of funds that the mortgage insurer may have available (which may include fun~ obtained from Mortgage
Insurance premiums).
As a r~alt of these aSr~m~t~, L~nder, ~y purchsa~or of the Not~, another imurer, an), r;Lu~urer,
any other entity, or any affiliate of a~ly of tile foregoing, may receive (directly or indirectly) amounts that
d~dve from (or might be chacac~rized as) a portion of Borrower's payments for Mortgage Insur~ce, in
exchange for ~h,~ring or mociif3ring the mortgage insurer's risk, or c~du¢ing losses. If such agreement
provid~ that an ~ffiliat~ of Le~l~ mk~ ~ share of the insur~'$ risk Lu exchange for a share of the
premiums paid to the insurer, the arrangement is often term~ 'captive reinsurance." 1;urther:
(a) Any such all;r~.ment~ will not al'feet the mounts that Borrower ~ a~r~ed to p~y for
Mortg~e ~ur~ce~ or ~ other ~ of the Loan, Such agreements will not increase the mount
Borrower will ow~ for Mortgage ][ztl~'~nce~ ~nd th<r will not entitle Borrower' to imy regund.
APR 18 2003 i2:45 FR WFHM ~02 536 28~B TO ~13078775S02 P,21
680
(b) Any such agreetnent~ will not affect the right~ Borrower has - i~ any - with re, peet to the
Mortgage Insurance trader the Homeowners Prote~o~ ,4,ct of 1998 or any other law. These rights
may include the right to recetve certni~, cttsclosmes, to request anti obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insuranca prezniun~ that were unearned at the time of such cancellation or
termination.
11. Ax~ignmeal of ~ilsn~Otl~ PI'ocfg~l.s; Forfeiture. All Misc. x. llaneo~ Procee~ are hereby
assigned to and shall be paid to
If the Property is damaged, such MisCell0aeous Procee~ shall be applied to restoration or repair of
the Property. if the restoration or repair is economically feasible stat Lender's security i~ not l~ssened.
During such repair and restor~on period, .Lender shall have the right to hold such Ml~celllmeous
until Lender has had an opportunity to inspect such Property to ensure the work hz, been completed to
Lender's saQsfacQon, provided t1~ such inspection ~hall be undertakm prompdy. Lender may pay for the
repairs and restoration in a single clizbursement or in a seri~ of progress payments az the work is
completefl. Unless ~ agrec~ncnt is made in writing or Applic~le Law requires intere.~t to be paid on sucl~
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Mis~ll~us Proceeds. If the r~orgion or r~ is not economically f~asible or Lender's s~curity would
be lessenS, ~e Miscellaneous Procee~ shsll be appli~ to the sums secured by this ,%c~rky Instrument,
whether or not Oten due, with the exce.s~, if any, p~id ~o Borrower. 5'uch Miscellaneous ~ shall be
applied in the order provid~i for in Section 2.
In ~e event of a tea.1 talcing, d~U~uction, or los~ in value of the Property, the Miz~Llaneous
Proceo~ shall be at,plied to the V.z~s ~cured by this ,~'urity I~mc, whether or not then due, with
the excess, if ,ny, p~d to Borrower.
valUeIn the evmt of a partial taking, dcstruction, or loss in value of ~e Property in which thc fair market
of the Propen7 imm~igely before fl~ partial t~ing, d~:ruction, or loss in value is equal to or
greater than the srnount of ~he w~ms secured by ~is ,~:curity Instruraeuc immediately ~fore the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secur~ by t~is Sec~riv/ I~stranent ~1~1. ~ r~uced by the amount of the Miscellaneous Proceeds
multiplied by r. he following fraction: (a) thc to~ amount of the sums s~:ur~! imn~iately before the
partial miring, degruction, or loss in value divided by ('o) the fair market value of the Property immediaiely
before the pan'iai t~k-~g, d~a'uction, or loss in value. Any bal~nc~ ghall be paid to Borrower.
In the ~ent of a partial tak'in~, desm~don, or loss in value of the Propen'y in which the f~ir markc~
value of the Property immedialely befog ~e panini taking, d~stmction, or logs in value is less than the
amount of the sums secured immediately b~ore rig p~rtial taking, d~m-ucLton, or loss ~ value, unless
Borrower and Le~der otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sum~
secured by this Se. CtLrity In~a~ whether or not the sums are th~n due.
If the Propcr~y i~ abandoned by Borrower, or if, after notice by Lender to Borrower Cl~ the
Opposing Party (~z defm~! in thc n~xt s~atence) often lo make ~ ~ward to gttle a claim for damages,
Borrower fails to respond to Lencler wir. l~ 30 days after the date the notice is given, Lender iS authorized
to collect ~ apply the Miscellaneous Proc.~t~ either to restoraQon or repaiz of the Property or to the
sums ~ by rai$ Security l.nstr~znt, whether or not then due. "Opposing Party" m~a.~s the third party
tha~ owes Borrower Miscellaneous Procee~ or ~ho par~y against whom Borrower ha~ a fight of gtion in
regard to Miscella~:~us Proceeds.
Borrower shall be ia default if ~ay action or proceeding, whether civil or criminal, is
l.~der's Judgment, could result in forfeiture of ~ Propmy or other maeri~l impairment of Lender's
imeres~ in tho Property or rights ~ this .,~'urity Instrument. BorrOwer ~ cure ~uch a default md, if
accelentioa has occurred, reinstate az provid~ in Section 19, by ca~ing thc action or proceeding to be
dismissed with a ruling thg, in Lender's judgment, preclud~ forfeiture of the Property or o~er material
impairment of Lender's im~e~t in the Property or rights trader ~his ,Security Ins~rume. nt. The procee~ of
any award or elsim for damaget that ~re sm'ibut~ble to the impairment of Lender', inter~c in the Property
are hereby assigned ~d ~hall be paid to Leader.
All Miscellaneous Proceeds that are not appli~ to restoration or repair of the Property shall be
applivd in thc order providvd for in ~r. ion 2.
(~-6(WY) Iooo~ ~'*;' ~ ~ ~ ~ Form 3051 1/01
·
RPR
18 Z003 1~:45 FR WFHM
~64B TO
P .2_2
681
12. Borrower Not R~leased; Forbearance By Lmder Not a Waiver, F. xtcmion of the time for
payment or modification of amort/zation of the sums secured by this Security Inset granted by Lender
to Borrower or any Succc~t, or ia Interest of Borrower ~1'~I1 not operate to releme the l/ability of Borrower
or any Successor~ in Interest of Borrower. Lender ~hall not be requimcl to commence proceedings against
any Successor in Interest of Borrower oC to rcfu~e ro extend time for payra~/ or ochetxvi,¢ modify
amerti~ation of the sums secured by this Security Instnh-nent by reason of any demand matte by the original
Borrower or any Successors in lntet~q of Borrower. Any forbearanc~ by Loader in exercising any fight or
remedy intruding, without limitation, I.~nder'$ acc~t~c~ of l>~Ymmts from third ~r,ons, mdt/e, or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a w~iver of or
preclude the exercise of any ri~t or remedy.
13. Joint and Several Liability; Co-&igners; Succe~or~ and ,4.~-~igns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall i~ joint and ~everal. However, any Borrower who
co-~igm this Security l~tmmeat but does not ex,cute the Note (a 'co-signer'): (a) is co-signing Ibis
Security Instrument only to mortg~¢, grant ~ conv~y th~ co-signer's interest in the Property under the
terms of this Security Instrument; Co) i~ not personally obligated to pay the ,unu ~.ecured by thi~ Security
Immt; and {c) agrees that Lender and any othtr Borrower can agree to e~tend, modify, forbear or
make any accommodations with regard to the terms of this ~ecurity Inset or the Note without the
co-sigt~r's consent.
Subject to the provlsiom of Seetlon 18. any Successor in Interest of Borrower whe asmmes
Borrower', obligations under thi~ Security Instrument in writing, and is approved by l.~ler, shtll obtain
all of Borrower's righcq md l:~nefit~ under this $~u~ty Inrt~t. Borrower shall not be released from
Borrower's obligations and liability under this Security Im/rument unles~ I.~nckr agrees to ~uch referee in
writing. The covenants and agreements of thi~ Seem'try Inmmment shall biacl (except a~ provided in
Section 20) and benefit the suc~*_~ot~ and assigns of Leader.
14. loan Charges. Lendm' may charge Borrower fees for service~ txz-rform~ in connection with
Borrower'~ default, for the purpo~: of protecting Lender's interest in the Property and righ~ under thin
Security In~rument, including, but not limited to, anomeys' fe~, property impection and valuation fees.
In r~ard to any other re, s, the abm of e. xpr~s authority in this Security/nstrument to charge a specific
fm to Borrower shall not be covatru~ ~ a prohibition on the charging of such foe. L~der may not charge
f~.* that ate expressly prohibited by this Security Imu't~ent or by Applicable Law.
If the Loan is subject to a law which set~ maximum loan charges, and that law is finally interpreted so
that the interc'~t or other loan charge~ colle~t,d or to be collected in cotmea::tion with the Loan exceed the
permitted limit~, then: (a) any such lo~ chatg~ shall b~ reduced by the amount n~essary to l~lUce the
charge to the permitted limit; and Co) my roms already eolleet~ from Borrower which exceeded permitted
limits will 1~ reftm~cl to Borrowtr. Imader may choose to make th. is roland by reducing the principai
owed under the Note or by rns]ci~g a direct paymemt to Borrower. If a refund reduces principal, the
reduction will be tr~t~ ~ a putial pt'~aymem without any prcpa2y'ngm charge (whettwr or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund rrmie by
direct payment to Borrower will comOtute ~ waiver of any right of action Borrower might have arising out
of such overcharge.
1~. Notiem. All notices givm by Borrower or Lextder in connection with this Security Instnun~nt
nmst be in writing. Any notice to Borrower in connection with tlth Security Immm~ent shall be deemed to
have been giv,n to Borrower when rrmtled by first class mail or when actually delivered to Borrowg's
notice addt~ if stat by other means. Notice to any one Borrower shall comtimte notice to all Borrowers
unless Applicable Law expressly r*quir~s otherwise. The notic~ address shall be the Property Adck~s
unless Borrower has cl~signated a mbrdtute notice address by notice to Lender. Borrower shall promptly
notify l_.e~der of Borrower'~ change of address. If Lender specifi~ a procedure for reporting Borrower's
cha~g¢ of addrc~, ~ Borrower ~hall only r~ort a chang~ of address ttu'ough that ~cified procedure.
There may be only one designsted notice address under ttxis .gecurity lrmmm~-nt at any one time. Any
notice to Lender shall be giv~ by cl~vcring it or by mailing it by first claSs ma. il to Lender's atl~e~s
stated herein unless Lender ha~ designated another address by notice to Borrower. Any notice in
connection with this ,~"urity ~t ~hall not be dcem~ to have been given to Le~der until actually
received by Lender. If any notice requir~ by tkis Security Instrument is also required under Applicable
Law, the Applicable Law r~uilement will satisfy the corresponding requirement under thi~ Security
Instrument,
tl~e-6(WY) Iooos) ~,. m ** ~, ~ Form 3051 1/01
GPR
lB ~BO~ 1~:46 FR WFHM 482
682
16. Governing Law; Sc~erabilit:~; Rules of Coa~a'uction. This Security Instnanemt shall be
governed by federal law ~cl the law of tile jurisdiction in which the Property ts located. All rights and
obligations contained in this Security Instrument are subject to any requirc~nent~ and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow thc parties to agree by contr~t or it
might be $ilent, but su~ .silence shall n~t be construed as a prohibition against asreement by contract. In
the event that any provtston or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or tbe Note which can be
given effect without the conflicting provision.
As used in this Security In~tn,unent: (a) words of the mascnlinc gender shall mean and include
correspondin$ neuter words or word~ of the feminine gender; (b) words in thc singular shall mcan and
include the plural and vice versa; arid (c) the word 'rrtay" give~ sole dirmretion without any obligaiion to
take any action.
17, Borrower's Copy, Borrower _~hall be given one copy of the Note and of this Security Instrument.
15, Trnn~fer of the t'ropea'ry or a Beneficial Interes¢ in Borrower. As u.~ed in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not lknited
to, those beneficial interest: transferred in a bond for deed, contract for deed, installnaeat sales contract or
escrow agreement, the intent of wkich 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 nslural person and a beneficial interest in Borrower ia sold or Lra~ferred) without Lender's prior
written conscm, Lender may require imr,x, diate payment in full of all su~m~ ~'cured by ~ Security
Ir~t. However, gais option shall not be exercise~I by Lender if such exercise is prohibited by
Applicable Law.
If Lender exerci$c~ this option, Leveler $hall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 1S
within which Borrower mu~t pay all sums secured by this Security Instrument. If Borrower fails to pay
the.~e surn~ prior to the expiration of this period, Lender may inVOke any re--es permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to l~te After Aeceleratioll, If Borrower n~ ce~ conditions,
Borrower :hall have thc right to have enforcemcnt of this Security Insr. nm~ent discominued 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 Security Instn.uncnt; (b) such other period as Applicable Law might specify icc the termination of
Borrower's right to rem~ate; or (¢) entry of a jvdlment enforcing this Security lnstnanent. Those
conditions are that Borrower: (a) pays Lefider all aun'~ which then would be duc under thi.~ Sccurity
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agrecrmnt~; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reachable at~orneyt' f~es, property inspection an~ valuation fees, and other fees incurred for the
purpose of protecting Lender's inttu'est ill the Property and rights under this Security Irmtrume. rtt; and (d)
takes such action as Lender may ms,~n~hly require to assure that Lender's interest in the Property and
rights under this Security Instnanent, and Borrower's obligation to pay the $un~ secured by this Security
InsRumcnt, shall continue tmchangcd. Lc~dcr. may requLre that Borrower pay ~uch reinstatern~t sums and
exp~ [u one or nx:,re of the following form~, as ~eleeted by Lender: (a) cash; (b) mney order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is dzawn upon
an institution whose deposits are insured by a federal agency, in$~t~lity or entity; or (d) Electronic
Funds TYanafcr. Upon reinstatement by Borrower, this Security Lns~t and obligations secured hereby
shall remain fully effective as if no acc..eleration h~l occurred. However, this right to reinstate ~.hall not
apply in the ca,sc of sccclen~on undez Sec..tach 18.
29, Sale of Note; Change of ~ Scrriccr; Notice of Grievance, The Note or a partial interest in
the Note (together with this Security In~t) can bc sold one or more thn~ without prior notice to
Borrower. A sale might result in a changc in the entity (known as the 'Loan Servicer') that collects
Periodic Payments due under ~e Note and thi~ Security L~ and performs other rn~rtga$~ loan
servicing obligations under the Note, ~ Security Instrument, and Applicable Law. There aisc might be
one or more eh. arises of the Loan Servicer unralatec] to a sale of the Note. If there ia n change of the Loan
Servicer, Borrower will be given written notice of the change which will state the ~arne and ~dre$$ of the
new Loan Servicer, the address to which payments should be made and my other reformation RESPA
3051 1101
RP~ ~8 2.~03 ~2:46 FR ~FHH
482 536 2646 TO 9~307877~61~2
P .24
683
requires in cormecdon with a notice of transfer of servicing. If the Note is sold and thereafter thc Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will z-eiaaain with the Loan ,%triter or be tramfcrrcd to a successor Loan Servicer and are not
assumed by the Note purchaser uniess otherwise provided by the Note purchaser,
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
{ndividtL~l litigant or the rllernb~ of a cll~$) that ~ from thc other party's actions pursuant to this
Security Instrument or that alleges thai' the other party ha~ bre. w2aed any provision of, or any duty owed by
reason of, this Security Instruna/alt, tlattl s~tcb Borrower or Lender bas notified the other party (with such
notice given in con-qaliance with thc requirements of Section I~ of such alleged breach and afforded thc
other party hereto a reasonable period after ~he giving of lueh notice to take e~rrective /ration. If
Applleable Law provide~ a tlrae period which must elapse before ~ action e~n be taken, that time
period will be deemed to be rcamnable for pm'lx~es of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower purnlant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 ~hall be deemed to satisfy the notice and opportunity to take corrective
action provisions of ~ Sectio~l 20.
21. l~la~rdou$ Substance, As used in this Section 21: (a) "Hazardous Substances' are those
substances deft. ned as toxic Or ba~,mdous subs'tmace$, pollutants, or w~tes by Environmental Law and the
following substances: gasoline, kerOstme, other fla:m~able or toxic petroleum products, toxic pesticides
and herbicides, volatile ~Olvents, r~_ te~ial$ containing asbestos or formaldehyde, and radioactive materials;
Co) 'Environmental Law" means federal laws and laws of the jurisdiction where the Property is lo~ated tha~
reline to health, safety or environmental protection; (c) "tZnvironnaenta~ Cleanup" includ¢~ any re~ponr,¢
action, remedial action, or removal action, us defined in ]/nvironme~tal Law; and (d) an "Enviromnental
Condition" means a condition that can cause, cnntribute to, or otherwise trigger an Enviwnmental
Cleanup.
Borrower shall not ~ or permit the presence, use, disposal, storage, or release of any Hazardous
Sul~tanc~, or threat~ to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone el~e to do, anything affecting the Property (a) that/s m violation of any Environmental
Law, Co) which creates an Env/rolaraelltal Condition, or (c) which, due to the presence, use, or release of a
H~?~rdou$ Substance, creates a condition that adversely a,~fecta the value of the Property. The preceding
two ~entence~ shall not apply to the preseoce, use, or storage on the Property of ,mall quantities of
Hazardous Substances th~ are generally recognized to be appropriate to normal residential u~ea Icqd to
maintenance of thc Property (in~lugini0 but not limited to, hazardous substances in consumer products).
Borrower shall promptly g/ye Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or re§u]atory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which l~orrowcr has actual knowledge, (b) any
Enviromnental Condition, ill¢ludiag but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Subitance, and (c) any condition caused by the presence. ~e or release of a
Hazardous Substance which adver~y affects the value of the Property, If Borrower lear~, or is notified
by an), governmental or regulatory authority, or a~l¥ private pan'y, that any removal or other remediadori
of/my Hazardous Substance affocting the Property i~ necessary, Borrower shall promptly take all nece~ary
remedial actions in accordance with F. nvironmental Law. Noth/n$ herein shall create any obhgadon on
I.~nd¢c for ail Environmental Cleanup.
APR 18 £~0J 1Z:47 ~R W~HM ~36
40~.
2846 TO
P .£5
684
NON-UNIFORM COVENANTS. ltorrower and Lender further coveamnt md agree as follows:
22. Acceleration; Remedies. Lender shzll give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreemem in thl~ Security, Instrument (but not prior to
acceleration under $ectlo~ 15 unl~ Applicable Law provides oLh~wlse). 'Ihe notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a dat~, not le~s th~n 30 days from the data
the notice is p, lven to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or b~fore the date specified in the notice may result in acceleration of the Sums scoured by
this Security Instrument and sale of the Property. The notice shall furtiier tnform Borrower of the
rip, bt to reinstate after acceleration and the right to bring a court action to az~crt th,: non-oistmcc of
a default or any other dog,rise of Borrower to nccel~rnfion and sale. I.f the dehmlt is not cured on or
before the date specified ia the noose, Lender at its option may require immediate payment in full of
aH sums secured by this Security Instnunent without further demand and may invoke the power of
sale and any other remedi~ permitted by Applicable Law. Lender shall be entitled to collect all
expenses incurred in pursuin~ the r~x~,dies provided in this Section :L2, including, but not limited to,
reasonable attorneys~ fees and co,ts of title ~id~c¢.
Il' L~nder invokes the power of sale, Lender shall give notice of intent to fort~lose to Borrower
and to .the person in posm~on of thc Property, if different, in accords-ce with Applicable Law.
Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender sb~ll
publish thc notice of sale, and the Prop~-ty shall be sold in the manner prescribed by Applicable
Law. Le~ter or its design~ may pure.~ the Property at any sale. Thc pro~:c~ of the ~ shnll be
applied in the following order.* (a) to all expenses oF the sale, including, but not limited to,
reasonable attorneys' fees; Co) to all sums secured by this Security Instrument; and (c) any excess to
the person or pm'sonz legally entitled to it.
23, Rele~z~, Upon payrm'nt of all sums $~cured by ~is Security I~stmme~t, MMcr s~l rcl~ ~
S~ty ~nt, ~ower s~ pay my r~or~on ~, ~ ~y ch~gc ~ow~ a f~ for
rel~ ~ ~ ~~, but o~y if ~e f~ is p~d ~o a ~ird pray for s~i~ ~nder~ md ~e
~g~g of ~ f~ ~ ~ ~md~ A~li~l~ ~w.
24. Waivers, Borrower rck-azes and waives all rights under a~d by virtue of the home~tead
exemption law~ of Wyoming.
TO ~!307877~G82
P .26
BY SIGNING BELOW Borrower ~ts and agrees to the m/-m~ and covenants cont.a!n~ed i~ this
$eoariW Imstnmaeaat md in any Rider executed by Borrow~ and r~orde~i with it.
~REJ~T ~. BD~TOZ~ -Borrower
TRI~INI K. BUI~ON / -Bor~wcr
(Se.l)
-Borrower
(SeaJ)
-B0rrow~r -Borrower
(~ea~)
-Bon~,wcr -Borrower
(~-6(WYI Io0o5) I~,,~ ~,~ ot ~5 Form 3051 1/01
APR 18 Z8~3 1~:47 FR WFHM
4~ 53S ~4~ TO ~1307877~
P .2'7
STATE OF ~V'YOMING, r~N~or.~ County ~:
~eforego~~tw~wl~g~for~s 18th day of April, 2003
My £ommi~ion Expires: b - ~ 0 * ~t~o 3
-NOTARY PUBLIC
] Linch{In ~ Wyoming r
~ ~ Commission E~p~re~ June 20, 2003~
Form 3U~1 1101
· ~ TOTP'
APR 18 2~05
FR bJFHH
536
2~4G TO 91309877SG02
MANUFACTURED HOME RIDER
TO THE MORTGAGE/DEED OF TRUST/SECURITY DEED
Thio Rider is mede this ~!~n lB, 300) , and Is Incorporated into end emends
and suppierr~nts the Mortgage/Deed of:TrustfSecurtty Deed (the "Security Instzument") of the
same date, given by the undersigned (the "Borrower") to secure Borrower's Note to
W~LS FARGO ~OM~ MD:KTGAG~
(~he "Lander") of the same date {the "Note") end oov~'ing
the Property described in the. $~uriW I~strument and located at;
~14 H~G~PY VAt. T.~Y ~ 15~ ~, O$~[OKD, WY 83110
Borrower ~nd Lender a~ree t~t ~fie Security l~strume~ i~ arneoded ~nd ~upplerr~med to reed
A. T~ Property covered ~¥ Ihs SepuriW Instrumen~ (referred to ~s ~Propert¥' in
Security Instrument) includss, b:ut is no~ limited ~o. ~he Manufactured Home
Num~n if required, ) ~ffixecl ~o the property l~ally described in the
Securiw Instrument, '
Additional Covenants of Borrower
1. Borrower will comply with all ~tate and local laws and regulations regerding the
affixation of the Manufactured Home to the property described in the Security
Instrument including, bdt not limited to, surrendering the Certificate of Title IH
required) and obtaining ,the requisite governmental approval ~nd ~ccompanying
documentation necessary to classify the ManufacTured Home aa reel property
under state and local law.
The Manufactured Hom~ described above will be, at all times end for all
purposes, permanently affixed to and part of the property described in the
SecudW Instrument.
Affixing the Manufac~:ud, ed Home to the property d~urlbed in the Security
instrument does no! vk~late any zoning laws or other local requirements
applicable to manufactured homes.
NM~L #3322 0.3/0t
APR
18 2003
i3:05 FR LJFHH 402 536 ~B4~ TO 913~37877~60~
P.O~
By signing below, Borrower accepts and agrees to the terms and covenants contained
in this Manufactured Home Rider,
' (s~,]) .(.w /.
-~orrow~r BRIAN T. BU~TO~ .~orrower
',(Sca/)
-]~3rrower
(Seal) (Seal)
-Borrower -Borrower
: (SeaJ) (Seal)
.Borrower -Bonower
STATE OF WYOMING l
)~.
COUNTY OF LINCOLN )
I, the undersigned Notary Public, in and' for the aforesaid State and County, do hereby certify
that
BRIAN T. B~TON ~ T~I~FX~ K ~TO~
Borrower(s), personally appeared before me in said County and acknowledged the within
instrument to be their act and deed. GiVen under my hand and seal this 18T~ day of
A~IL , 2003 , ~~.._,~.
My commissJor~ expire,: /' ~ -~~ ~ Notary Public
NMFL ~8,~2 03101
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