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HomeMy WebLinkAbout88954125 ~B03 ~8'24 FR ~IFHM 41;3~ ~3~ ~641S TO ~ 1387877B~OZ P.15 R~mTo: BLOOMI, NGTON, MN 55425 889561 Prepared By: W~LL~ FAA~O H0~E ~ORTGAGE, INC. 1919 DOUQLAS,, OKAHA, N~ 681010000 {S~e A~ T~ L~. For R.;ording MORTGAGE RECEIVED LINCOLN COLIi'~JTy CLERK "BOOK ~19 PRPAGE 1 I 9 DEFINITIONS Words used in multiple sections of ~bb document are dffmed below aM other words arc defined b Secdotu 3, 11, 13, 18, 20 ~ 21, Cerl~in rules regirding the ufagc of words used in thb docure, em ~re aho provided in SeCtiOn 16. (A) "~curity [nst4-mnent' means this document, which is d~tcdAPRII, 2~, 2003 , mgct2¢r with .il ~dcters to this documem. ~) n]~orrow~r" iS JODY LEE Al%ON~ON, A SINOLE p~SON t Borrower iS the mortga/or undc~ ~ 5ccurity l. nsu-ument. (C) "Lender"/s WELr. I~ FARGO HOM~ MORTiL~,GE, INC, lender is a CO~t~OP, ATION org.~nizcd ~md existing under the Isws of THE STATE OF CALIFORIqlA 0021224.399 WYOMING-Single Family-Fannie Mss/Freddie Mac UNIFORM INSTRUMENT IIIIItlItllillliitillII VMP ~OI~TC~I]E FORMF~00}621-TZ~1 For~ ~O~1 1/O1 ~PR ~5 ~5 ~8:~4 FR bJFHM 40~ 536 ~4G TO ~I3~7877g~0~ P. 1G 120 Lender's addrets is P.0. t~OX 10304, Dll~ ~0LNgS, IA 5030~0~0% ~nder is ~e ~ng~ge~ ~det ~i~ S~ty Inserat. (D) "Note" me=s the pto~s~rY ~te si~cd by ~gow~ ~d ~t~zb 2~, %e Note st~es ~t Borrower owes ~der gI~z SiX T~O~S~ ~ 00/Z00 Doll~ (U. S, $ **** * 66,000,0 o ) plus M=~t. ~ow~ h~ pro~ to pay ~ d¢~ in regM~ Periodic p~y~s ~ to pay ~e debt i~ ~11 not late~ ~ ~Y 01, 20~3 (E) "~o~Y" ~ ~e p~pe~y ~ is des~ri~ ~low ~dcr ~e ~ing "Tr~sf~ of P~peny." ~ "Lo~" ~s ~c debt evid~ by ~e NO~, pl~ ~tc~st, ~y p~a~cnt eh~ges ~d late ch~ges due under ~c Note, ~d ~1 su~ due ~r ~is ~ity ~$tmmcnt, plus (G) "~s" ~s ~1 ~ders to ~B ~ty Instm~n~ ~t ~e ex~ut~ by ~zowcr. %e following Riders a~ to ~ e~t~ by ~w~ [eh<k ~x ~ ~plic~le]: ~ Adj~table Rate ~der ~ CoMo~ ai~r ~ ~ond Home Ridcr ~ Bal~ ~dcr Pl~ U~I D~elap~t Kidcr ~ F~Iy ~d~ ~ VA ~d~ ~ Biw~My Pay~m Rid~ ~ O~er(~) [~] ' (~ "Applicable Law" ~s ~1 C~l~ ~plicabl= t~rg, a=~ ~.a I~ ord~ ~d ~Ms~all~e mlel ~d or~s (~t ~ve ~¢ eff~t of taw) = well ~ n~-~Mable judicig ~ 'Co~tr ~iafiOn Du~, F~, ~d A~~" ~$ ~ dues, fees, ~s~m~ ~ge~ ~t =e ~o~d on ~wer ur ~ ~o~y by a con~im ~oci~ion, ~iatioa or si~l~ . (~ "El~roMc ~ ~sf~" ~s ~y =~f~ of f~, o~cr ~m a treason oflg~t~ by ch~k, dra~, or s~ P~ ~t, wM~ is initia~ ~rou~ ~ el<~onic ~g, tel~h~ic i~t, comput=r, or ~eti¢ ta~ so ~ m order, i~l~=, or au~or~ a fin~ci~ ~timfion to debit or c~it m a<o~t. Su~ ~ ~1~, but ia not l~tad to, port.f-sEe ~feH, ~Io~ ~1~ ~e t~o~, ~$fers imti~ed by telephone, wire tr~sfe~, ~d auW~ by ~3' ~kd pray (o~ ~ i~uime pr~ p~d nad= ~e ~x, erages d~ri~ ~ ~tion 5) for: (i) ~te to, or ~tmcdan of, ~e ~eny; (ii) ~nd~ioa or o~er t~ng of Prop~: (fid ~nvey~ in lieu of ~n~ion; oc (iv) ~s~resea~fio~ of, or o~o~ vMue ~or ~don of ~e Pro~. ~ "Mo~aie ~an~" ~ans ~Ce pmt~tiag ~d~ ag~t ~e nonpay~t of, Note, plus (fi) ~y ~un~ un~r ~ti~ 3 of ~s ~d~ ~t. (O) "~$PA" ~s ~ Re~ ~m ~tflem~t ~ur~ Act (12 U.S.C. ~tion i~l~t~ ra~on, Re~tion X (~ E.F.R. P~ 3~), ~ ~ey ~ ~ ~n~ flora ~ to ~e, or ~y ~ditio~ or ~r legisl~ion or regala~ ~at $ovem$ ~e am subj~ ~Uer. As in ~ ~ty ~em, "~PA' ~fem to ~ ~uir~tg ~d ~e$~lctio~ ~at ~e ~o~ ~ reg~ to a 'f~er~y r~a~ ~ga~ 1o~" ~en if ~e ~ d~ not q~l~ ~ a "f~Y relat~ 1o~' under ~PA. 3051 1101 APR 25 2883 88:~5 FR WFHM 482 53~ 8S4~ TO ~i3878779B82 P.17 (p) '$uccer, sor iu Interest of Borrower" m¢a~s any party that has taken dfl¢ m the Property, whether or not that party has ~ssumed Borrower's obli§atious under the Note and/or this Security Insumment. TRANSFER OF RIGHTS IN 'FILE PROPERTY This Security Irtstrument secures to Lender: (i) file repayment of tl~ Loan, a~d all ren~wah, extensio~ and modifications of the Note; and (ii) Re performance of Borrower's ¢ow, nallt$ and agreements under ~is Security Instmracnt atld the Note. Pot this purpose, Borrower does hereby mortgage, gram and convey to Lende. r and Leader's successors and ~ssigns, with power of sale, the following described property locmed in ~e cOUlee/' of L~¢OLN : [Type of p,.~ordin~ Juri~lkliov] [Nlr~ of 50T ~, OF BLOC~ LINCOLI~ COUNTY, WYOli~NG AS DESCRIBED ON TH~ OFFICIAL PhAT THEIt~OP. 121 BOX 10304, DES MOINES~ IA 503050]04 HOM~ MORTGAGE, INC., P, O. whicll aurremly has the address of [ci~l , Wyoming 83101 ~ip C~el p~rcel ID Number: 521 ~lcli AVENI~ ("Property Addr~t"): T~ETHER W~H ~1 ~e ~rove~ts now o'r h~ erectS, on ~e ~o~)', ~d ~I easing, ~pu~, ~ fmm~a now or he~r a p~ of ~ prope~y. All ~lac~ts ~d ~dl~cns shgl ~ ~ ~v~ by ~ S~urity ~nt. MI of ~¢ foregoing is rde~ed to in ~is BORROWER COVENANTS &at Bonow~ is lawMlly sehe~ of ~¢ ¢;ate hereby ~nveyed ~ ~ · e zi~ to ~o~ge, gr~t ~d convey ~e ~opeHy ~fl ~m ~1¢ Prope~y is un~c~ber~, exit ~t ~e~brmees of r~rfl. Bo~ower w~t~ ~ ~ def~ g<er~ly ~e title to ~e Pro~ ~st ~ THiS ~CU~TY INS~UMENT ~mbi~s unifo~ ¢ov~mm for natio~ use ~. non-unifo~ cov~mts ~i~ li~t~ v~i~io~ W j~icfi~ to ~mtitute a uaifo~ s<~iW i~t~t ~ver~ re~ pro~y. UN~O~ COVENANTS. Eo~ower ~fl ~d~ ~ven~t md agr~ m follows: 1. Pa~ent of ~n~p~, ~ .Escrow Itmm, ~epa~t C~rg~, ~ ~te Charge. Bo~w~ ~1 pay w~ due &e pr~cip< of, ~d ~Ierest on, ~e fleet ~iden~ by ~e Note ~d my p~ay~t chmges ~ l~e c~ges ~e ~er ~e No~. ~wer ~hMl ~so pay ~ for Escr~ It~ 3. Pay~ts due ua~r ~ Note mR &is S~ufi~ Imminent sh~l ~ ~fle in U.S. p~s~t to S~tion if my ehm~ or o~ i~t ~ir~ b~ ~er as~em tmfl~ ~e No~ or ~s Cu~cy. HOW~, ~g. 3~ ~s ~L'' - Form 3051 1101 ~PR 25 2003 88:25 FR WFHM 482 536 2646 TO 913078779602 P.18 122 Security Instrument is returned to Leader unpald, Lender may require that wy or all subsequent payments due under the Note a~d this Security Instmrr~nt be made in one or more of the following forms, as selected by Lender: (a) cash; Cb) money order; (c) certified check, bank check, treasurer',~ check or cashier's chert, p[ovided any such cheek is drawn upon an institution whose deposits are insur~ by a federal ,gency, instrumentality, or entity; or (d) £1ectronic Funds Transfer. Payments are deemed received by Lender when received at the location destgnat~ in the Note or at such other location as may be designated by Lender in ~orctance with the notice provisions in Section 15. Lender may return any payment or p~iai paymen~ if the payment or partial payments are insuffidertt ~o bring the Loan current. Lender m:,y accept any payment or partial payment insufficient to bring the Loan current, without waiver of troy rights berettnder ot prejudice to its rights tO refuse such payment or pmial payment, in the future, but Lender is not obligated to apply ,uch payments a~ tbe time such payments ~tc ~,cepted. If each Periodic Payment i$ applied as of its ~2heduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower mak~ payment to bring the Loan current. If .Borrower does not do ~o within a reasonable period of time, Lender shall either apply such fund~ or return them to Borrower. If not ~pplied earlier, such fimds will be applied to the outstanding princip~l balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might h~ve now or in the future sgaimt Lender ~hail relieve Borrower from making payments due under the Note and this Security InStrument or performing the covenants and agreements secured by this Security lnsu'um~t. 2, Appli~tion o1' ¥~'ments or ~oceecl~, Exc~ ~s otherwise described in this See. don ~, all p~ymen~s accc~c~ ami appli~ by L~d~ ~h~l! be al~plied in the folbwing or~r of ~riori~y: (a) imer~s~ due under ~ Noun; (b) prLucip~l due tmc~e~ the Not~; (c) amo~ due under Sec6o~ 3. Such paymems ~1 be app)ied m esc~ ?efiodic Payment in the o~er in which iL bec~me clu~. ~y remai~-t ~o~s ~ai! be ~pplied f'trs~ to l~e ~$es, s~ond to an)' other m~o~s d~e under this ~u~i~y instrument. 3nd ~en ~o reduce the prbcil~al bal~ce of the Note. If Lc~dcr receives a payrc~nt from Borrower fo~ ~ ctelinq~nt ?~iodic P~ymcn~ which includes a suffi¢iem amoLmt to pay ~)' la~ ~rS~ due, ~ ~ym~t m. Zy be applied to thc ddbquDn~ payr~nt ~d the lat~ ch~ge. It' m~re ~h~ o~ ?eriodi~ ?ayrn~t is outstanding, Lend~ may ~pply a~y paYm~t received from Borrower m the re~aym~n~ of Lbe Periodic Paymems if, ~nc~ to ~he exigent that, ead~ payment c~n be paid in fu~l. To ~e ex,mt ~at a~y ex,ss exists aRer the p~ym~2L is ~pplied m the fi~ll p~ymem of one or mo~e l~riodic Payment& such excess rn~y be ZL~llccl to any late ~a2'~s due. VolU~Y prep~y]~ls sl:t~ll be a~plJed f'~rst Lo ~y prcp~ym~ ~argcs ~ ~m a~ described ~ ~e Note. A~y application o~ p~ymen~, ins~r~c~ pmceects, or lVliscdla~eo~s Proceeds m pri~cip)l due under t~e No~e sh~l! not extend or pos~one the due elate, or cha~e thc a~nmmL, of the Periodic Payments. 3. Funds for ~o~ Item~. Borrower shall ~y ~o Lender on the ~Ly ?e~od~¢ Payments ~ rlu~ trader the Noie, un~ the Note. is paid in full, · $~m (Lhe "Funds~) to provide for paymenL o~ amours due for: (a) taxes a~cl ~sessme~ts and othe~ i~ems which ¢~n anain I~rioriLy over this S~curit? ~su-amen~ as a lien or en~mb[~ee on ~ Pml:H:z~': (b) leasehold p~ymems or ground re,ts on the Prope~y, if any; (c) premi~ns for a~y s~cl ~di i~ux~ce required by Le~der tm~r Sectio~ 5; and (d) lvlo~age Imur~c~ premiums, ff ~y, or ~y s~ms Payable by Bon'ower ~o Le~der in lie~ of the payrnem of ~ong~ge Insuranc~ premiums in accordan~ with the ~rovisions of Section 10. ~i-bes~ it~s am called ~scmw I~ms." ^~ origin~ion or at ~y time d~ring the term or' the Lo~, L~dcr may require ~t Commtmity Association Dues, Fees, ~d Assessments, if a~y, be escrowed by Borrower, ~d such dues, fees and ~sst~sm~ts shall be an ~s¢~ow Icm. Borrowe~ shall prompd¥ ~r~sh ~o L~n(~et' all ~todces of amounts ~o be p~id ~mde~ LtfiG Section. Bor~o'~e~ ~ll pay Lend~ T~e F~ds for £scmw Items unless Le~de~ w~ives Borrower's °bligation ~ pay t~ Fu]~ls for any or all ~row ~t~ms. Lc~d~ m~y w~.i~e Borrower's obligation to pay to L~der l~nds for ~y or all Barrow ITemS a~ ~y tim~. A~y su~ w~ivcr m~y oal~ I~ i~ w~d~. In the evem of such waive~, Borrower sh~ll Fay dix~fly, wi~~/~e payable, ~e amoums I~-6(WY) icoosl ,..~,~ot ~ Ferm ~0~I 1101 APR 25 200~ 08:2~ FR ~FHM 402 S~G 2~46 TO ~i~07~??SG02 P.I~ 123 due for any Escrow I;em~ for 'which payment of Func~s has been waived by Lender and, if Le~der requires. shall fi.m~ to Lender receipts eviclencinl su¢l~ payment within such time period as Lender may requite. Borrower's obligation to make sud~ p,ym~nts anc~ to provide receipts shall for all purposes be deemed to be a Covenant Md agreement contained in this Security Instrument, as the phrase "covenant ara agreet~nt' is us~l in Section 9. If Borrower is obligated to pay Escrow ltenu directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise itz rights under Section and pay such amount and Borrower ~ then be obligated uacle~ Section 9 to repay to Lender any such amount. Lender may revoke the wai~et as so any or all Escrow Iterm a~ any time by a notice given in accordance with Section 15 and, upon such revocation, Bormwet shall pay to Lender 'Al Funds, and in such amounts, that are ~en ~e. quired under this Section 3. Lender may, at an), time, collect and hold Funds ia an amount (a) sufficient to permit L~nd~ to apply the Funds at the time specified under KESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expendlture~ of future l~scrow Itcn~ or otherwise in accordance with Applicable LaW'The Funds shall be held in an institution whose deposits are insured by a federal instrumentality, or entivy (including Lender, if Lender is an institution who~e deposits are so insured) or in any Federal Home Loan Bank. L~er shall apply the Fund~ to pay the Escrow Iten~s no later than the th'ne specified under P..'ESPA. Lender shall not charge Borrower for holding and at:5,17ing the Funds, annuall~ a~lyzin$ the escrow account, or vcrifyi~§ the Escrow It~,rn~, unless Lender pays Borrower interesl on the Funct$ and Applicable Law permim Lender to make such a cha~ge. Unle~ an a~reement is made in writin~ or Applicable Law requires interezt to be paid on the Funds, Lender shall not be required to pay Bogower any interest or earnings on the Ptmds. Borrower and Lender can a~ree in writing, however, that interest ~all be paid on the Funds. LeMer ~l:mll give to Borrower, without charge, an annual accountin~ of Funds az required by RESPA. If there is a surplus of Funds held in ew. row, as defined under RESPA, Lender shall ac. count to Borrower for the cxce~ funds in accordance with RE~qPA. If there is a shortage of Funds held in escrow, a~ defined under RI~$PA, I_rnd~ shall notify Botrowgr as requited by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no mom than 12 monthly payments. If there is a d~fi¢ienay of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower az required by I~I~SPA, and Borrower ~hall pay to Lender the amount necessary to make up thc deficiency in accordance with R~$PA, but in no mote than 12 monthly payments. Upon payment in full of alt rums secured by this Security Imtrtunent, I_~nder shall promptly refund to Borrower any Funds held by Lender. 4. Charge~; Liens. Borrower shall pay all taxes, azsessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Imtrument, leasehold payments or ground rents on the Property, ff any, and Commumty Association Dues, Fees, ~d A~sessment$, if any. To the extent that these iteIm are r.~crow Items, Bortowor shall pay them in the manner provided in Section Borrower ~hall promptly discharge any lien which ha~ priority oyez this Seagity Imtxum~t unless Borrowe. r: (a) agrees in writing to the payg'~m/of the obligation secured by the lien in a m,nner w.c. eptable to Lender, but only. ~o long az Borrower is pefforraing such agreement; (b) conte~ts the lien in good faith by, or defends against enforr, em~t of the lien in, legal proce, rdin$~ which in I. zn~r's opinion operate to prevent the enforcement of the lien while those ptoc. e~i~gs are pending, but oily until such proceeding~ are v, onclud~; or (v) stmurc~ from the holder of the lien an agreement satisfactory to Lender subordinating the ~ien to this Security Imtrument. If Lender determln~ that any part of the Property is subject to a lieu which can attain priority over this Security Ima'ument, Lender may ~ive Bon:ower a notice identifying the (~-6(WY) ~0oo~) ~ = =~ '~ Form 3091 lf01 APR 25 ~003 08:£B FR WFHM ~08 536 88~8 TO ~1307877~0£ P lien. Within 10 days of the date on which tha~ notice is given, Borrower sh~ll ~stbfy the lien or take one or more of the actions set forth move in this Section 4. L~der m~y require Borrower to pay a one-time eh~ge for a real estate ~x verification and/or reporting service used by Lea~er in connectior~ with this Loan. ~. lProl~rty lhzsuran¢~, Borrower .~hall keep the improvements now existirtg or hereafter erected on the Property insured against loss by fire, hazard~ included within the term "extended coverage," and any other hazards including, but not limited to, earthqu~es and floods, for which Lender requires insurance. Tl~is insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requirc~. What Lender requires pursuant to thc preceding sentmce.~ can chan~e during the term of the Loan. The insurance carder providing the insurance shall be chosen by Borrower ~ubject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unre~.,onably. Lender may require Borrower m pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tr~.k, ing services; or (b) a one-time charge for flood zone determination and certification services and subsequent ~rlles each drne remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shill also be responsible for the payment of any fee~ imposed by. the Federal Emergency Management Agency in connection with the review of any flood zone determination resulthng from an objection by Borrower. If Borrower fails to nudntain an~, of the coverages demfibed above, Lender may obtain insurance coverage, at Lender's option sad Borrower's expense. Lender Is under no obligation ~o purchase any particular type or amount of coverage. Therefore, such coverage ~hall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, ~gainst any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower ~lmowledge~ thai the co~t of the insurance mverage so obtained might significantly exceed the cost of insurance thru Borrower could have oblained. Any amounts disbursed by Lender under this Section 5 sh~ll become additional debt of Borrower secured by this Security Instrument. These mounts shall beer interest at ~e Note rate from the date of disbur~mem and ~hdl be p~able, with such interest, upon notice from Lender to Borrower requesting payment. All bmrance policies required by Lender and renewals of such policies shall be ~ubject to Lender'~ ~ight to disapprove such policies, shall include a standrad mortgage clause, and shall nme Lender as mortgagee and/or as an additional loss payee, lamder shall have the right to hold the poljcie.~ and renewal certificates. If Lender requires, Borrower shall promptly give to Lencler all receipts of paid premiums and renewal notices. If Bonower obtaim any form of insurance coverage, not other'wise required by Lender, for damage to, or destruction of, the property, such policy shall include a standard mortgage clause md shill name Lender as mortgagee and/or ,s an additional loss payee. In ~e event of loss, Borrower shill give prompt notice to the imurance carrier ~d Lender. Lender may make proof of loss ff not made promptly by Borrower. Unless Lender and Borrower otherwbe agree in writing, any insuxance proceeds, whether or not the underlyh~g imurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. Daring such repair and restoration period. Lender shall have the right to hold such in~uxance proceeds until Lender has had ~ opportunity to impect such Property to eng~e the work has been completed to Le~de~'s satbfa~tion, provided dxat such impection shill be undertaken promptly. Le~der may disburse proceeds for the repairs and restoration in a single payment or in a ,eries of pmgre$s payrmmts a, the work is completed. Unless an agreement is made i~ writing or Applicable Law requir~ intere$~ to ~ paid on such inmr~nce proceeds, Lender ,hall not be required to p,ty Borrower any interest or emmings on such proceeds. Fee~ for public adjusters, or ocher third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the Sole obligation of Borrower. if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the ~t, rm ~ecured by this $ecmSty .lgtstrument, whether or not the~ due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender ~at the insaraac~ Carrier has offered to searle a cl~dm, then l. xmder may negotiate and settle the claim. The 30-day period will begin when the nOtiCe is given, la either evener, or if Lender acquix~ the Property un,let Section 22 or otherwise, Borrower her~oy assigns to Lender (a) Borrower's rtght5 to any insuranc, pr "occ. eds in an amount ~ot to exce~ the amounts unpaid under the Note or this Security Instrument, arid (b) any other of Borrower's righu (other tha~ thc right to any reftmd of unearned premiums paid by Borrower) under all insurance polici~ covering the Property, inserat as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or r~store the Property or to pay a.rnounts unpaid under the Note or this S~curity Insm.unem, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and usc the Property aa Borrower's prir~cipal residence Within 60 days aft~ the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal re$[dcaw.* for at learn one year after the date of occupancy, unle$, L~der otherwise agro2s in v,'riting, which meat shall not be unreasonably withheld, or aaless extenuating circumstances exia~ which are beyond Borrower's control. 7. Preservation, Maintcmance and Protection of the Property; Inspections. gonower shall not destroy, damage or impair the Protgxry, allow the Propen)' to deteriorate or commi~ waste on the Property. Whe~hex or not Borrower is residing in the Property, Borrower shall maintain the Property in ord~n to prevent the Property fi'om d~t~rioraring or decreeing in value due to its condition. Unless it ia cl~tcrmin~ pursuant to Section 5 that repair or restoration i$ not economically feasible, Borrower shall promptly r~palr the Property if damagod to avoid further deterioration or damage. If inauranc~ or condemnation proceeds are paid in ;oam~:tion with ;image to, or the taking of, tile PropertY, Borrower shall be respomible for repairing or restoring the Property only if Lender has released proc..~t, for such purposes. I. rnder 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 eond~remation proceeds are not sufficient to repair or r~mr~ the Property, Borrowe~ is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or ia ag~t may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the int~or of the impmvem~ts on the Property. Lender ahalt give Borrower noti~ at the time of or prior to such an int;rior inspo:aion specifying ~uch re,enable cause. 8. Borrower's Loan Application, ltoerower shall be in default if. during the Loan application process, Borrower or ~y persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) ia connection with the Loan. Matvrial r~rescntations include, but are not limito:l to, represenmions concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of I.~ad~r's Inform: in the Ih-oper~y and Rights Under this Security Instrument. If (a) Borrower ~aila to p~form the covenants and agreements comalaed in this Security Instm.u~t, Co) th,re iS a legal proceeding that might significantly affect Leader's interest in ~e Propr-nY and/or righU under this Security instmmmt (such a~ a proceeding in bankruptcy, probate, for condemn~on or forfeiture, for enforcement of a lien which may ~tin priOrity over this Security lnatmmm~t or to ea~forc~ laws or regulations), or (c) Borrower ha~ abmdaaed the Prop;try, th,n Leader may do and pay for whatrver is reamnabte or appropriate to preteen Leader's interest in the Property and rights under this Security la~truramat, hncludiag protecting md]or assessing the value of the Property, a~d securing and]or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any roms secured by a lien which haz priorit), over this St~curity Inatmm~t; (b) appearing in coun~ (c) paying reasonable APR 85 8003 08:87 FR WFHM 536 ~46 TO 51307877~G88 P.22 .126 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proem:ding. Securing thc Property includes, but is not limited to, enter-Lng thc ?roPerty to ni~ke r~:~ir~, change loch, r~place or board up doors and windows, drain water from pipes, eliminale building or other code violations or chlrtgerou$ conditions, and have utilities turned on or off. Although Lender may take ~tion under this Section 9, Lender do¢~ not have to do so and is not under any duty or obligation to do ~o. It is agrc~t that Lender incurs no liability for not taking any or ail a~fions authorized under this Sectior~ 9. Any amount~ disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at thc No~c r~e from the date of di.~bursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. · If this Security Instrument is on a leasehold, Borrower shall corl~ply with all the provisions of the lea.se. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lertder agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums r~quired to mahltain the Mortgage Imurance La effect. If, for any re,on, the Mortgage Insurmce coverage required by Lender ceases to be available from the mortgage insurer that previo~Jy provided such insurance and Borrower w~ required to make separately designated paymen~ toward the premiums for Mortgwge ln~arance, Borrower shall pay the premiums Tequired to obtain coverage substantially equivalent to the Mortgage Insu/ance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Imumuce previox:sly in effect, from an alternate mortgage insurer selected by Lesld~f. Lt' 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 and retain these payments a~ a non-refundable loss ~e in lieu of Mortgage Insursace. Such Io~s reserve shall be non-refundable, notwi~standing the fact that the Loa.q is ultimately paid in filll, and Lender shall ~ot be required to pay Borrower any interest or cratings on such loss reserve. Lender can no longer require loss reserve payn~nts if Mortgage Insur~c~ coverage (in the amoant and for the period that Lender requires) provified by an insuter selected by I.mad~r again becomes available, is obtained, and l.~ader recbfires separately designated payments toward the premiums for Mortgage InsUrance. If Leader required Mortgage l. nsutance ;u a condition of r~iring the Loan and Botxower was reqtlired to make separately designated payments toward the premituns for Mortgage In~uilmee, Borrowor ~hall pay the premiums required to tnaintain Mortgage Insurance La effect, or to provide · non-refundable loss reserve, until l_e~et's requirement for Mortgage Insurance er~ in accordance with any written agrcememt between Borrower and Lender providing for such termination or utltil termination is tequirexl by Applicable Law. Nothing in this Section 10 affects Borrower's obhgation to pay Mterest at the rat~ provided in the Note. Mortgage Imurance reimburses Lender (or any entity that purchases the Note.) for certain losses it may incur if Borrower doe~ not repay the Loan as agreed, Borrower is not a parry to the Mortgage Mortgage imurerS evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other partie~ that share or modify their ri__~, or reduce losses. These agreements are on terms and conditions that are satisf~tory to the tnortgage insurer and the other party (or parties) to these agreements. These agr~ement~ l~y requite the mOrtgage insurer to make payment~ using any source of fun& thai the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreemenm, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounls that derive from (or might be cllarac~rized as) a portion of Borrower's payments for Mortgage ln.surance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agteera~nt provides that an a.ff'fliate of Lmdet takes a share of the insurer's risk in exch~ge for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Fxtcther: (a) Any such ~greement$ will no{ s/Y~'t ~e amours that Borrower hs~ al~reed to pay for Mortgage I. ns'ur~ee, or any oth~ terfll$ of th~ Lo~u, Such a$-~m~t~ will not in~ the amount Borrower will owe for Mortgsge In~u'ance, and they will not entitle Bor~ to any refund. APR £5 8883 88:~7 FR WFHM (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the HOmeowners Protection Act of 1995 or amy other law. These rights may include th~: right to receive certain ~.lo~-urec,, to request and obtain cancellation of the Mortgage Imurance, to haYe the Momgaze Insurant~ terminated automatically, and/or to ru:eive a refund of any Mortgage Insurance premiun~ ttmt were unearned at the time of such omcellation or termination. 11. Assignment of MisceI]aneom Proceeds; Forfeiture. All Miscellaneous ~ are hereby a~signed to and sh~ll be paid to l_e~der. If the Property is d~g~I, such Miscellaneous Proceeds shall be appli~ to re~toration or repair of the Property, if the restoration or repar is economically feasible and Lender's security is not less~ed. During such repair a~d restoration p~riod, l~nder sh~dl have the right to hold roach Miscellaneous Proceeds Lender's satisfaction, provided that ~ impeetion s~m~ o~ t, nnerta~en prompuy, r.c~ur~ m,~ ~,,~ repairs and restoration in a sidle dtsbu.r~m~nt or in a serie~ of progress paymenls as the work is completed. Unless ~n ~green~rat ts rr~e in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower ~y interest or e, amings on Miscellaneous Proceeds. It the restoration or repair is not ec~nomicaily femlble or Lender s security would b~ l~seaed, the M~scellaneous Pro~ sl~il be applied to the ~ams secured by ~i~ Security whether or nor then due, wi~ the ex~, if any, paid tO Borrower, Such Miscellaneous Proce~d~ shall be · applied in the order provided for in Section 2. In the event of a total ~.~ldng, de,traction, or lo~s in value of the Property, the Miscell~meous Proceeds shall be appli~t to the ~urr~ ~.cured by this S~cm'ity Instrument, whether or not then d~e, with the extols, if any, paid to Borrower. In the event Of a partial taking, destruction, or los~ in value of the Proper~y in which the fa.it market value of the Property irmne~iately before the pa~al tsking, destruction, or loss i~ v~lue is equal to or greater than the amount of the sram se~t'~cl by thi~ Security Ins~ immeclimely before the partial talcing, destruction, or loss in value, unless Borrower ~d Lender other~vise agree in writing, the sums secur~l by this Securiv/ Instrument shall be r~uced by the amount of the MiScellaneous Proceeds multiplied by the following fraction: (a) the mo.1 ~-mu.m o/,the s? .~ox~//. ~mfx~___'_at_.e.!Y:_be_~,e~,e partial talch~, destruction, or 1o~ in v~ue divided by Co) ~e mr mar~t value or mc ~vp~y ,,-a~,,~ before the partial uking, deswaction, or loss in value. A~y balance shall be paid to ~rrower, In th~ event of a partial ~kin~, deatraction, or los~ in value of ~¢ Property in which the fair n~rk~t value of the Property immediately before the partial takin$, de~troction, or 1o~ in value is less than the aatoum of the sum~ ~ured immediately before the partial taking, destruction~ or Ions in value, units Borrower a~d L~der other~vise agree in writing, the Miscellaneous Prvc~ls shall be a~plied to the secured by this Securky I~st. nmm~ wh~bet or no~ the sram axe then clue. If The PrOperly is ~andon~ by Borrowc:r, or if, altec notice by Leader to Borrower ~ the Opposing Parvt (a~ clet'm~cl in the next sentence) offer~ tO make ~ award to settle a claim for damages, Borrower fails to respond to I.,~nCler within 30 days ~fter the &re the notice is given, Lender is aut~oriz~ to collect md apply the Misc,~llaneous Proceeds either to restormlon or repair of the Property or to the suras r~%'~red ~y chis Security Imtr~ment, whO3aer or not thru due. "Opposing Party" means the third party that owes Borrower Miscellaneous Ptocee~ or the party against wl~om Borrower has a right of action in regard to Mi~ellane*:~s l~-ocee~. Borrower shall be in default it any ~tion.or proceexling, wh~ther civil or crimimd, is begun that, in Lender's judgment, co~d result in forfeiture of the Property or other materi~l impel of Leader's interest in the Property or rights trader this $ecurit3, Iramn~nt. Borrower can cure such a default md. if acc, el~rarioa has oceurr~L, reinstate aa provid~i in Section 19, by causing the ~tion or proc~x~g to dlsmiss~ with a ruling that, in l-~der's Juclgment, pr~cluacs forfeiture of ~he Prol~rty or other rrmterial impairment of l.~Mer's interc~ in the Property or rights ~aer this Secarity ~trum~t. The proc.~ls of any award or claim for darnage~ that are attributable ;o the impairment of L~der's iater~t in the Property ar~ hereby assigned and shall be paid to All Miscellaneous Proceeas that a,~ not appli~ to restoration or repair of r. be Proper%' shall be applied in the order provided for in Section 2. (~p-~(WY) iotaS) r~g~ ~ ~' ~S ~ Form 3051 1101 APR 2~ ~8:£8 FR WFHH 402 536 2S46 TO 9iJ07877S602 P 1 i2. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of ~c time for payrnen~ or modification of amortization of the sumz sccur~ by this ~-curiW Instrurnent grated by Lender to Borrower or a~y Successor in Interest of Borrower shall not operate to releaze the liability of Borrower or any Successors in 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 secm'ed by tltis Security Insuument by reason of any demand made by the original Borrower or any Suoces~,rs in Interest of Borrower. Any forbearance by Lender in exercising any ti~t or remedy including, without limitation, Lender's azceptarf~ of payments from third persons, entities or Successor~ in Intereat of Borrower or in amounts leas than the mount ~en clue, sh~l not be a waiver of or preclude the exercise of any right or mnexly. 13. Joint and Severtl Liability; Ca,.~igner~ Successors and Assigns Bound, Borrower covenan~ and agrees that Borrower's obligations sad liability shall be joint and several. However, any Borrower who co-signs this Security Instrun~nt but does not execute the Note (a 'co-zign~r"): (") i~ ¢o-~igning this Security instrument only to mort.~age, gxant and conv~y the co-,igaer's interest in the Propen')' under the terms of this Security Instrument; Co) i~ not personally obligated to pay the sums secured by this Security Imtnunent; and (c) agree~ tlut Le~der and any other Borrower can agree to extend, mo&fy, forbear make any acconunodafions with tegarcl to the terms of this Security In~mm~nt or the Note without the co-signer's consem, Subject to the provisions of Section 15. any Successor ia Interes~ of Borrower who assumes Borrower's obligations under ~is Security Insmane~t in writing, and is approved by Lender, shall obtain all of Borrower'a rights and benefits unclert this Security It~trum~t. Borrower ~all not be released from Borrowvr's obligations and li~ility u~der this Security Instrument unless Lender agree~ to such release in writing. The covenants ~d agreements of this Security l~tnm~nt ~hall bind (except as provided in · Section 20) and benefit the ~uccessor~ ~d assi~ of Lender. 14, Loan Cixarges, L~der may chax~e Borrower fee~ for servicea performed m cannection with Borrower's default, for the purpose of protecting Lender's interest in the Property and fights under this' Security InstrUment, including, but not limited to, anorney$' fees, property inspection and val~mtion tees. In regard to rely other foes, the absc-~ce of express authority in this Security Ix~u'txm~t to charge a specific fee to Borrower shall not be consu'ued as a prohibition oa the ch~r$ing of ~uch fee. lender may not ¢l~arge fees that ge exPre~aly prohibited by this Security Instrument or by Applicable L~v. If the Loan is ~ubject 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 Lea- exceed the permitted limits, then: (a) any tach loan Cl'larg© ~hall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected fi'om Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make ~ refund by r~lucing the principal owed under the Note or by n~,ltin~ a direct p~ymem to Borrower. I.f a refund re. duces principal, the reduction will be treated ~s a partial prepayment without any prepayment chaxge (whether or not a prepsyment charge is provided for under the Note). Borrower's accept~ce of my such refund ma~e by direct payr~ent to Borrower will constitute a waiver of any'right of action Borrower mi~t have arising out of such overcharge. 15. Notice, All notice~ givou by Borrower or Lender in connection with reis Security lnsu'ument must be in writing. Any notize to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when maile~ ~y first class mail or wl~en actually delivered to Borrower's notice addxe~s if ~at by ocher meanz, Notice to any one Borrower shall constirut~ notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower l~s designated a sub~tute noti~ address by notice ta Lender. Borrower fl,all promptly notify Lender of Borrower's cl~mge of ~dreas. If Lender specifi~s a procedure for reporting Borrower's change Of address, titan Borrower ~hall only report a change of ~ldr~a through that specified procedure. There may be only one designated notic~ address ~nder u'fis Security Instrument at any one th-ne. Any notice to Lender shall be given by deliverin~ it or by mailing it by fu-'st clas~ mail to Lencler's stated laerein un]ess Lender 1~ designated another address by notice to Borrower. Any notice in connection with this Security Iratnma~nt ~hall not be deemed to have been given to Lender until actually received by Lender. If any notice retluixed by tlfis Security Insmungnt is also required under Applicable Law, the Applicable Law requirement will satisfy the corre, zponding retlu~/2t u~der this Instrument, InhiIll:l IF~ / I 28 APR 25 2883 08:28 FR WFHM 482 536 2S46 TO 91307877~682 P .25 129 16. Governing Law; Severability; Rules of Cot~truction, TI~ Security I~rument sh~ll .be governed by federal law and the law of the jurisdiction in which the Property is located. All right8 and obligations cont~Luecl in t~s Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow thc pgtles to agree by contract or it might be silgnl, but such silence shall not be construed as a prohibition ~gamst agtce, n~nt by contract. In the event that any provision or clause of this Security Instrument or thc Note conflicts with Applicable Law, such conflict shall not affect oth~.t proviglons of this Security lnstrun')ent or the Note which can be given effect without the conflict",n~ provision. As used in this Security Iasu'unm~: (a) word~ of the rn~culme gender shah rn(~cu and include corresponding neuter words ot words of the f~m~nine gender; Co) words in the singul).r sh~ll mcan and include the plunfl md vice ver~a; md (e) the wo~ "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy, Borrower sh~ b~ given o,e copy of the NOte and of this Security Inztrurnetu. 18, 'l'ran~ter of the Property or a Ben~.ticial l. ntea'~t in Borrower. As u~ed in ~ Section 18, 'Imerett in the Property" rne~m any legal or beneficial interest in the Prop(my, including, but not limited to. those beneficial interests tranzferr~ in a bond for deed, contract for deed, installment sales contract or ~scrow agn~n~nt, th~ ~nt~ of which is the tramfcr of title by Borrower at a futur~ d~c to a purcha..~r. If ~11 or any part of th~ P~opcrty or my Interest in the Property is ~old or transferred (or if Borrower i~ not a natur~l person and a b~neficbl interest in Borrower is sold or transferred) without Lender's prior writmn consent, Lender may req~re ~mmediam payment in full of all sums secur~ by this Security Instrument. However) this option shall not be exctc!sed by Lender if such exercise is prohibited by Applic.~bl~ Law. If Lender exercis~"s this option, I.~nd~r shall give ~rrower notic~ of acx, eleration. Thc notice shall provide a period of not les~ thru 30 d~y$ from the date tl~ notice is given in ~c~,ordz.nce with $ection 15 within which Borrower must pay all sun~ ~cured by this .%curity Insnxm~nt. If ]~orrower fails to th~r~ roms prior to the expir~on of this period, Lend~ may invoke any remedies permitt~ by .gecutity Instrument without further notice or dcmancl on Borrower. If). Borrower's Right to R~-et~te After Acceleration. If Borrower meets certain conditions, Borrower shall have the ri~t to hav~ enfor~mcnt of this Security Im~t discontinued at any tinge prior to the ~rllest of: (a)five days b~fore sale of ~e Property pursuant to any power of sale contained in this Security Instrument', (b) such other p(:tio~i as Applicable Law mi~t specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Inset. Tho,~ conditions are that Borrower: (a) p~ys l_c~dvr all ,urns which then would be due under ttfis Security Instrument and the Note as if no ~..c~leration had occurred: Co) cures any default of any other covemmts or agreements; (c) p~ys all expen~ incurred in enforcing .this .S~c?rity.ins~t, .inclt~din$: but not limit~ to, reason,~ble attorney,' fc~s, property impection aha va~uatton xo~s, aha omar x~"~ mcurrca for thc purpose of protecting Lcndcr'~ interest in thc Property and fights under this Security In.ltrtunent; and (d) t~ke~ such action as Lender may mason~lY require tO ~sute that L~der's interest in the Property and fights under this Sea.wiry Is~t, ~nd Borrower's obligation tO pay the sums sec)tred by this Security Instrument, shall continue unchange4. I.~d~r may require that Borrower p~y ~uch r~inrUactncnt suma and cxI~nse~ in one or r~o~c of thc following forms, ~ selected by Lender: (~) cash; (b) money orctcr; (c) certified check, bank check, ueasarcr's check or cashier'~ check, provided any such check is dmwn upon an institution whose deposits are insured by a f~¢ral agency, inm'umcntality or entity; or (d) Electronic Funds Transfer. Upon reimtaten~nt by Borrower, this S~curity Insuun~m ~md oblig~tier~ ~ecurod hereby shill ten'~in fully effective as if no ~cceleration h~ occurred. However, this right to reinst~¢ shall not apply in the case of acceleration under S~ction 18. 20, 5ale of Note; Change o~ Loan Servicer; Notice o! Grievance. The Not(: or ~t pm'tlal interest in the Note (together with this ,Security Im~t) c4m bc sold one or more tkne~ without prior notice to Borrower. A sale might result in a change in th~ entity (Known as the "Loan Service") that r, ollects Periodic ?ayments due under .the Note ~nd ~ S,~cudty Insmmx~t and pcrfonm other mortgage loan servicing obligalions under the Note, this Security Imtrurnent, and Applicable I~w. There also nfi~ht b~ one or mom chang~ of thc Lean Servicer unrelated to a )ale of the Note. If there is ~ ch~mge of the Loan Servicer. Borrower will be given writt(m notice of the ch~ge which will state thc name and ~dtess of the new Loan Servicer, the address to which payrnrnts should be made and an/~th~r information RESPA 130 re. quires hq connection with a notb¢ of transfer of servicing. If thc Note is sold .nd thereafter the Loan serviced by a Loan Servicer other than the purchaser of the i/otc, the mongaic loan servicing obligations to Borrower will remain with the Loan $ervicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless other,vise provided by uhe Note purchaser. Neither Borrower nor Lender may cornn~nce, join, or be joined to any judicial action (as either an individual litigant or the member of a cla~s) tha~ arisee from the other party's action~ pursuant to this Security Ia~trurnaat or that alleges that the other party has b~'eached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has r~odfied the other party (with ~uch notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the o~er party hereto a ~easonable period after the giving of such notice to take corrective actio~n. If At~plieable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph, The notice of acceleration and opportumty to cure given to Borrower pursuant to Section 22 and the notice of ar, celexation giveu to Borrower pursuant to Section 18 shall ~e deemed to satisfy the notice and opportunity to take corrective action provisions of mis Section 20. 21, Ha~ardO~ Subst~Ce~. As u~ed 'in this Section 21: (a) "I-l.~.~dous Substances' are those substanc, e~ defined as toxic o~ hazardous substances, pollutants, or wastes by l~nvironmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvena, mamriab contalnlng asbestos or' formaldehyde, and radioactive materials; (b) "£nvironmental Law" means federal laws and lawn of the jumdiction where the Property is located that relate to health, satiety or envb:onmental protection; (c) "Environmental Cleanup" include~ any 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 ~hall not cause or permit the presence, u~e, disposal, storage, o~ release of any Hazantous Substances, or threaten to release any Hazardous Substances, on or in me Property, Borrower ~hatl not do, nor allow anyone ebe to do, an)~i,~g affecting; the Property (a) tha~ i~ in violation of any l~tvironmen~ Law, (b) which create~ an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creatc~ a condition ',hat adversely affects the value of the Property. The prectding two ~'ntence~ shall not apply to the presence, uae, or storase on the Property of small quantities of Hazardous ~ubstances that are Beneralty tecognlzed to be appropriate to normal residential us~ and to maintenance of the Property (including, but not limited to, hazardous substa~aees in consun~r product~), Borrower shall prompfly 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 }tazardous Substance or ~.uvlronmental Law of which Borrower has actual knowledge, fo) any ~,nvitonmental Condition, includin~ but not limited to, any ~pilling, lea.king, discharge, release or aueat of release of any Hazardo~ Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affect~ the value of the Property. If Borrower learm, or i~ notified by any governmen~ or regulatory anthorl~y, or any private party, that any removal or other remediadon of any Hazardous Substance affectia$ the Property is neee. sary, Borrower shall promptly take all necessary rcrnedia~ actions in accordance with ~tvironrnental Law. Nothing 'he.in shall create any obligation on Lendee for an Environmental Cleanup. ~PR ~5 ~3 ~8:£~ FR WFHM 40~ ~36 ~6~6 TO NON-UNIFORM COVENANTS. l~ottower and Lender fur~e~' covenant and ~gre= a.s follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach o! any coven~,nt or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) th, default; (b) the action required to cure the default..' (c) a date, not less ~han 30 choys from the date the notice b given to Borrower, by which the default mus~ be cured; and (d) that failure to cure thc default on or b~for~ the date specified in the notice may r~uit in acceleration of the sums secur~ by this Security Instrument and rmle of the Property. The noUc~ shall further inform Borrower oF thc right to reinstate attex acceleration and the right to bring a eourt action to a~-rt the non-existence of a default or any other d~ense of I~orrower to acceleration and tale. If the default ts not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sram ~red by this Security Instrument without ha'Chef demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pUrsuing the remedies provided In this Section 22+ including, but not llxnited to, reasonable attorneys' ['t~s and coats of floe evtdemee. If Lender invokes the power of tale, Leader shall give notice of' intent to foreclose to Borrower avd to the pers°o in possession of the Property, if different, in accordance with Applicable Law. Lender .~hnll give notice of the sale to Borrower in the m~nner provided In Section I~. Lender shall publish the notice of sale, nnd the Property shall be sold in the manner prescribed by Applicable Law. Lender or itz designee may purcha~ the Property at any rmle. The proceeds of the sale shall be applied in the foUowing order: {a) to all expenses of the ~ale. Including, but not limited to, reasonable attorneys' fee~; Co) to all gnma ~eured by tl~ Security Instrument; and (c) any ~xces~ to the person er persons legally entitled to it. 23. Release, Upon payment of 'all sttm~ secured by this Security Instrument, Leader ah,all release this' Security Imtrument. Borrower ghnll pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Inst~mem, but only if the fee is paid to a third party for services readered and the ' charging of the fee is permitted under ApplicabIe Law, 24, Waivers, Borrower releases and waives all rights under and by virtue of the hometlead exemptioa law~ of Wyoming. (~.$(WY} ~ooo~ ~a~ ~ efta Form 30~1 1101 RPR 25 280S 88:38 FR ~FH~ 482 53~ 2646 TO 91307877S682 !32 BY SIGNING BELOW, Boz~ower ~cepts and agrees to the terzm and coveaant$ contained in th~s Security Instrument md in ~y Rider executed by Borrower and recorded with it. (S~) -Borrower -~or~ower (Se~l) -,~o1]'ower (Se-l) -Borrower (S~al) .Borw~=r (Sell) (Se~l) (~-~(WY) (oco~} P~e 'ii, ol ~$ Form 30Sl 1/01 P .28 4~2 53~ 264~ TO Sl3878779~82 P STATE OF WYOM/NG, LII~O0~ County ~s: The foregoint in~trumentwas ~k~owlcdged before me flais 25th day of April, 2003 by JODY L~I~. ~t~OI~SON 133 My CommJsslon Expires: February 2, 2006 Nomu Publi.~ Form 30S1 1101 TOTAL PRGE.~S ** APR 25 2883 88:34 FR WFHM 482 536 2646 0 913878779682 P.81 !34 TAX'EXEMPT FINANCING RIDER ]:HA Ca~c No- THIS TAX-EXEMPT FINANCING RIDER is made ~is2 5'iR day of Aisle:ri, 2oo3 . and is incorporated i~to and shall ~ dom'~! to amend and supplement the Mortgage. Dr,~l of Trust or Security Deed ('Security Imtmment") of the sine dine given by the under~ilm:d ("Borrower") to secure Borrow~-'$ Note ("Note") to ("Lender") of the ga~r~¢ date a~d covering the Property described in the Security Imtrurru,.m and loc~l at: [Pmpexty Atldre~] ADDITIONAL COVENANTS, 'In addition tO thc cov~mmt$ aad a$;c~mcnt~ made in thc Sozurity Insmmz~at, l~iorrowcr a~fl I~ader further covenant and agree to a.~nd Paragraph 9 of ~e ~rity Imtmment, ratified "Grounds for Acceleration of Debt," by adding additional grounds for ac. eeleration follow:: l_~mder, or such of its succ.~som or ts~igns a; may by s~aram mstrum~at ~sun~ responsibility for assuring compliance by the Borrower with the provisions of this Tax. Exempt Financing Rider, may require immediate paymcllt ill fi211 Of all sum~ ~cur~ by thi~ Security Immt if: (a) All or part of da= Property is sold or o~erwi$¢ transfm-~l by Borrower to a purchaser or other tra.asf, r,e: (i) Who csnnot rt~oaably b~ ~pect~ to occupy the Property as a principal resilience within a reasonable time after th, sal, or ~ramfer, all as provid~ in Sect. kin 143(0 and (0(2) of the Imemal Revenue Code; or (ii) Who h~ had a present owaer¢:dp hi.est in a principal residence during ariy part of' ~ r.~ee-year I~riod enrl~g on the dat~ of ~ sale or tramter, all aS provided in Secr2oa 143(d) and (i)(2) of the Internal R.venu¢ Code (¢xc~t t~t '100 l~rc. ent'' allall b~ substituted for '95 perc<t or more" where the larler app.-sr~ in Section 143(d)(1)); or RP~ 25 2003 08:04 F~ WFHM 402 556 2~41~ TO 91307877~02 P .02 i35 (iii) At an ~Cquisition cost which is llr=ater uhan 9O percent of the svera~e ares purchase price (greater than 110 percent for targeted area residences), all ~ provided'in ~tion 143(e) and (i)(2) of nc Internal Revenu~ Code; or (iv) Who has a gro~s family income in excess of the applicable median family incorr~ as provided in Se~ion 143(0 and (i)(2) of the Internal Revenue Code; or (b) Borrower fm,'l~ to oc~y the Property described in the $~curity Iastrumcn~ without prior written con~nt of Lender or its succc~uom or a~igns described a~ the l~inning of this T~x-Bx=mpt Fimmcing Rider, or (c) Borrower omit~ or misrepre~ent~ a fact that is material with respect to the provi~iom of ,S~ction 143 of th¢ Intmmal Rcv~nu= Code in an application for the loan ~ecumd by this Security Imtrument. References are to thc Internal 1Zovemue Code a, ttmcmded md in ~fl'ect on th~ da~¢ of i~uancc of bonds, the proce~ of which will be u~ed to fman~ thc purchase of the S~cua'ity Instrument and are deemed to include thc implerrmmting ~=gulatiom. BY SIGNING BELOW, Borrower acr. epts and agree, to.the tm md coveu~t, contained in this Tax-Exempt Financing Rider. -) -]]o~m~r ~Jll :~ ~,~"Z~ ~- (Seal) (Se~) (S~) (Se~) (Sea]) -Borrower (Se,~) (s~) -[~Orrow~r -~i orrow~r 0~687U (9705) ' Page 2 of 2