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HomeMy WebLinkAbout875037Return To: GreenPoint Mortgage Funding, Inc, 1100 Larkspur Landing Circle, Suite Larkspur, California 94939 P~p~ed By: GreenPolnt Mortgage ~unding, Inc. 330 120th Ave. NE, Suite 210 Bellevue, Washington 98005 MORTGAGE M~ 10001380103317202§ .DEFI'NITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 1I, 1'3, 15, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means tiffs document, which is dated auly 2S, ~O01 together wifl~ all Riders to this document. ' 0t) "Borrower" is ~'~l~h~et~ W. Jud~o an8 Patri¢ia ¢. Judge, Ilu~band and Stephen i:~~ ~, Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgagc Electronic Rcgismtion Systems, Inc. MERS is a separate co~0ratlon acting sotel.y as a nominee for Lender and Lender's successors ami asfigns, MERS is the mortgagee under this Security Instrument. MERS is org~ized and existing under the laws of Delaware, and has an address and telephon~ number of P.O. Box 2026, Flint, MI 48501-2026, tel, (888) 679-MERS. BBBB-IO0 WYQMING-S[nflle Famtly-Fall~l~ MaotFredldi~ I~a~ UN[FORM INSlRUMENT WITH MER8 Form 3051 1/01 VMP ~ORTGA~H FORMS - 908 ~)"l.e~der" is ereenPoint Mortgng~ Funding, In~. Lender is a corporation organized ~d ~isting m~der ~e laws of Tho S~ge Of New Yo~k Lenders addwss is ~00 ha~kapu~ Sanding Ctrele, ~utte~ Larkspur, California 949~9 (E) "NO~e" m~]S th~ p~m{sSo~ no~ s{~n~d by ~orrowcr snd dated July 25, 2001 The Note s~tes ~at Bo~wer owes Lend~ One ~undred Thirgy-Fiva Thoua~d Eight ~ndrad and 00/100th~ Dollars (U.S. $135, B0o. 00 ) plus interest. Bo~ower h~s pm~niscd to pay ~is debt in m~lar P~odic Pa~ents ~d to pay tho debt in full not later th~ Aurar 1, 2031 (~ "Prope~y" means fl~c property ~at is described below under ~e hcadh~g "Transfer of Rights ~ the Property." (G) "Loan" means the debt evidenced by th~ Note, plm~ interest, ~y prepa~cnt ch~gcs told late d~m'ges due under ~e Note, m~d ~l sums due under fl]is SecufiW Instr~m~, plus interest. (~ "~dera" means all Ride~ to ibis Secudw Ins~ment that am executed by Ben.wet, The following Riders ~c to be execmcd by Bo~owcr [check box ~ applicable]:  Adjustable ~te Rider ~ Cando~itm~ ~ider ' ~ Second Home Balloou Rider ~ Pla~ed U~t Development Rider ~ 14 Fanfily Rider ~ VA Rider ~ Biweekly Pafnmn Rider ~ Ofl~er(~) [spcci~J (I) "Applicable Law" moans all controflh]g applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect o£1aw) as well as al! appI'icable final. non-appealable judicial opinions. . (J') "Community Association Due~ Fee% and As,e~sment~" means ali dues, fees, assessments and other charges that are impased on Borrower or the Property by a condominium association, homeova~ers association or similar organization. ' (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction ofigiuated by check, draft, or simil~ paper instmmmt, which is initiated through an electronic termh~al, telephonic instrument, camputer, or magnetic tape ~o as to order, instruct, or authorize a finmxeial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale mmsi~% automated miler machine tnmsacti0nS, transfers initiated by telephone, wire transfers, and automated ctcm'inghouse transfers, (L) "Escrow Items" means those items that am described in Section (M) "Mi-~ccllaneous Proceeds" means any compe~uation, settlement, award of damages, or proceeds paid by any third party (other thal~ insurance proceeds paid under the coverages described in Section 5) for: (i) damage tn, or destruction of, th~- Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentation~ of, or omissions as to, the value and/or condition of the Property, (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defauk on, the Loan (O) "Periodic Payment" means the regularly scheduled amount duc for (i) principal and intfirest under the Note, plus (ii) any amotmts under Section 3 of this Security Inslrument, (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C, Section 2601 ct seq.) and its hnplementing regulation, Regulation X (24 C,F,R. Part 3500), as they might be amended fi'om time to time, or any additional or successor legislation ar regulation that governs the same subject matter. As used in this Security Insmm~ent, "ILESPA" refers t'o all requirements and restrictions that are imposed in regard to a "federally related mortgage leah" even if the Loan does not qualify as a "federally related mortgage /~--~" loan" under RESPA. 08 750,1 ? 909 (Q) I'Sueeessor In Interest of Borrower" means any party that has taken title to the Proper~y, whether or not that paxty has assumed Borrower's obligatxons under the Note and/or this Security Instmm~n t. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment' of the Loan, and all renewals, extensxons and modifications of the Note; and (ii) ~he perfon-nm~ce of Borrowers coveamnts and agreements under this Security Nstrument and file Note. For ~is purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and ~o the sUCcessors and assigns of MERS, with power of sale, the following described property located in the County of Lincoln [Typ~ of R:eo~h~g Jufi~idlcfi0n] [Name af I/,eeord{ng 3nth;diction] part herao~, Parcel ID Numbu~: 1223519-02_1_00.393.00 which cm~r~ntly has ~e address of 700 Ro~k Farm Road Stni~ [Chy] Wyoming 8311~ [zip ("Prope~y Ad&es~"): ' TOGE~ER Wt~ all ~e improvem~ now or Mmaher erce~d on the property, and all ensem~ts app~gnances, ~fl fixtures now or here~er a pm of the p~peny, Ail ~l=ements and additions sh~l also be covered by ~is SeeuHw Insuument All of the forgoing is refeged ~o in Se~ri~ Ins~ment as the "Prope~." Bo~ower llnfle~ds ~d a~ees that MERS lml~ only l=gal ~tle to ~he Nt=ests granted by Bo~Wer in this Seeu~ ~s~t~um% but, if neeess~ to comply ~th law custo~ MERS (~ nominee for Lend~ ~d Lend~'s successo~ ~d assigms) hns ~he ~ght: to exercise any or all of rinse inter~s% including, but no~ limited to, the ~ght to fomclose and sdl th= p~p~; and ~e ~y action required of Lender including, bu~ not limi~d to, releasing ~d cm~celing ~his ~tr~ent. BO~OWER COVEN~TS flint Bo~wer is Iaw~lly seised of fl~e esm~ hcxeby ~nvcyed and h~ the right to mo~gage, g~nt ~d convey the Prope~ ~d that the Propm~ is unm~cumb~cd, except m]cmbmnces of record. Borrower waxTanB ~d will deled generally ~e title ~o ~e Pmpe~ against dl claims md demmds, subject to ~y enc~bxm~ces of record. THIS SECU~ ~STRUME~ combines unifo~ coven~ts for national use and non-xmifo~ covcn~ with limited v~ations by jurisdiction to consfi~te a ~ifonn sect~W ins~amm~t covering pmpe~, UNIFORM COVENANTS. Bon~wer and Lender covetlal~t anti agree as follows; 1. Payment of Principal, la,ore,t, Escrow items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, mad interest on. the debt cvidencect by tho ~qotc and any prepayment charges and late charges due trader the Note. Bon'ower alkali also pay fm~ds for Escrow Items pursuant to So,lion 3. Payments due under the Note and this Securit), Instrument shall be znade currency. I-Iow~wer, if any check or other instrument received by Lender ~ payment under the Note or this Security h~strtunent is returned to Lcqlder unpaid, Lender may require lhat any or all sx~bsaquent payments due under the Note and this Security Instrument be made i~ one or more of the following tbrms, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, bank check, treasttrer'g cheek or cashiers check, provided any such check ig drawn upon an institution whose deposits ~c insured by fcde~ ag~'aa~, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender wha~ received at the location designated in the Note or ,~t such other location as may be designated by Leader in accordance with the notice provisio~tg in Section 1 Lender may return any payment or partial payment if the .payme~t or partial payments are insufficie~)t to bring th6 Loan current. Lender may accept any payn~ent or pm~ial payment insuffi.cient to bring the Loan current, without waiver of any rights hereunder or prejudice lo its fights to refuse such payment or partial paymcuxts in the future, but Lender is not obligated to apply su=h Payments at thc time such payments are accepted. If each Periodic ?ayment is applied as of its scheduled due date, then Lender need not pay interest on unappIied funds. Lender may hold such m~applied funds until Borrower makes payment lo bring tile Loan current. If Bon'ower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. if not applied earlier such fimds will be applied to the outstanding principal balance under the Note Jmmediately prior to foreclosure. No offset or claim which Borrower might have now or in the fi~tt~re against Leander shall relieve Borrower fi'om m, "tiring payments due trader the Note aa~d this Security InStrument or performing the covc~m~ts and agreements secured by this Security Instrtmqent. 2. Application of Payments or Proceeds. Exert as otherwise described in this Section 2, all payments accepted m~d applied by Lender shall be applied in tho following order of priority: (a) interest due under the Note; (b) principal doe under the Note; (c) on,cunts duc under Section 3. Such paymm~ts shall be applied to each ?efiodio Payment in the order in which i~ became due. Any remaining anaounts shall be applied' first to late charges, second to any other.amounts due under fi'tis Security Instrument, then to reduce the principal balance of the Note. If Lender receives a paymc~t from Borrower for a delinqucmt Periodic Payment which includes sulT~cient amount to pay any late charge due, the payment may be applied lo the delinquent payment and the late charge. If more than on'e Periodic Payment is outs~andlng, Lender may apply a~y payment received from Boo,rower to the repayme~n of the Periodic Payments if, and to the extent that, each pa)~ent can be paid in full. To the extent that any excess exists after the payment ig applied ~o thc full puyrnent of one or mor~ Periodic Payments, ~uch excess may be applied to any late charges due. Volm~tary prepayments shall be applied first to any prepayment eha~'ges and d~en as de=cribed in the Note. Any application of payments, insuraa~¢e proceeds, or Misoella~eo~s Proceeds to principal due n~der the Note shall not extend or postpone the due date. or change the m-notnn, of thc Periodic Payments. 3. Funds for Escrow Items, Borrower sba'il pay to Lender on the day Periodic Payment~ are due under the Note, until the Note is paid in full, a ~um (the Funds ) to provide for payment of amounts due for: (a) loxes and assessments ~d other items which can attain priority over this Security instrument as a lima or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any a~d all insurance required by Lender under Section 5; and (d) Mortgage insu~ce premiums, if m~y, or any sums payable by Borrower to Lender in lieu of tl~e payment of Mortgage Insurance premiums in aecoMan~e with th~ provisions of Section 10. These iten~ are called "Escrow Items." At origination or at any' time during the term of the Loan, Lender may require that Corruutmity Association Due.g, Fees, and Asse~smm~ts, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow l~em. Borrower .~ha/l promptly furnish to Lender all notices of amounts to be paid under this Sect/on. Borrower sl~nll pay Lender tho Funds for Escrow Items unless Lender waives Borrower's obliggtio~.to pay the Funds for any or ail Escrow Items, Lender may waive Borrowers obligation to pay to LeMer Fm~ds for any or all Escrow i~ems at any timt:. Any s~ch waiver may only be in writing. In the event of such waiver, Borrower si~alI pay dlvectly, when and wl~-e payable, the amounts Fofiq, i 30~1 1/01 due for any Escrow Itmns for which paymetlt of Funds has been waived by Lender and, if Leander requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to mak~ such payments and to provide rect:ipts' shall for all Pnrposes be deemed to b¢a covenant and agreement contained in this Se¢ur/ty h~stnmcnt, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower thils to pay the amount due for an Escrow Itc-m, Lender may exercise its fights undo' Section 9 and pay such arnmmt and Borrower shall then be obligated under Section 9 to repay to Lender any ~uch ammmt. Lender may revoke the waiver as to any or ail Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bon'ower shall pay to Lender all Funds, and in such amounts, that are then required under tlfis Section 3. Lender may, at m~y time, collect and lmld Funds in an amount (al sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed thc maximum amount a lender can require under RESPA. Lender shall estimate thc mnount of Funds due on the basis of emrcnt data and reasonable estimates of expcndittu'es of f~ture Escrow Items or otherwise in accordance with Applicable Law. The Ftmds 'shall be held in an institution whose deposits m~ insured by a federal agency, instrumentality, or entity (indudlng Lender, if Lender is an institution whose deposits an: so instated) or in any Federal Home Loma Bm~k. Lender shall apply the Fund~ to pay the Escrow lt~rn~ no later than thc time specified under RESPA. Lender shall nut charge Borrower for holding and applying the Funds, ammally analyzing the escrow aeemmt, or verifying the Escrow Items, unless Lender pays BorrOwer interest on the Funds and Applicable Law permits Lcmder to make such a cha~,gc. Unle. ss an agrt:emcnt is made in writing or Applicable Law requires interest to be paid on lhe Funds, Lender shall not'be rcqu/red to. pay Borrower may interest or earnings on the Funds. Borrower and Lender can agree in wri~g, however, that interest shalI b~ paid on the Funds. Leml~r shMl give to Borrower, without charge, an annual accounting of the I~unds as required by RESPA. If there is a surplu, of Funds hdd in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in occurrence with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower ~ rcquked by RESPA, and Bon'ower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more thm~ 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined un~ier RESPA, Lender shall notify Borrower ~ rcqnired by RESPA, and Borrower shall pay to Lcmder the amount necessary to make up the d~fieiency in ~ccordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security h~stmment, Lendt:r shall promptly refund to Borrower any Funds held by Lcmder. 4. Charge~; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall 15ay them iu the manner provided in Section 3. Borrower shall promptly discharge any lien'which ~has priority over tl~is Security Instrument unless Borrower: (al agrees in va'iting to the payment of the obligation secured by the lien in a manner acceptable to Lcndch but ol~ly so long a~ Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the llen in; legal proceedings which in Lender's opinion operate to prevent the enfomement of the lien while rinse proceedings are pending, but only until such proceedings are concluded; or (el secures from the holder of the lien an agreement satisfactory to Lender subordi~,ating file lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which eon attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Within I 0 days of tile date on which that notice is given, Borrower shalt satisfy thc lien or take one or more of th~ actions set fm~h above in tiffs Se~ion 4. L~der ~y requi~ Bo~ower to pay a on~time ~ge for a real estate ~ verification repo~ng s~ice used by Lender in co~ccfiou with this Lo~. 5. Prope~ Insurance. Bo~wer ~alI keep ~e improvements now existing or hereafter erected on the Prop~ i~ed age, st loss by tim, h~ards included wifl~in the rcm 'extended covmge," ~d other h~ards ~cluding, but not limi~d to, e~q~es ~d fl~, for which Lender requires insn~nce. This iusumce shall be mainU~efl in the amounB (inelMing deductible levels) m~d for ~e pehofls the Lender requires. What ~nder requires pu~a~t to the preced~g sentences c~ chmge d~ng dm term of fl~e Loan. The insurance c~cr providing fl~e insilco shall be chosm by Bo~owcr subject to Lender's fight to disapprove Bo~ower's choice, which right sh~l not be excised ~asonably. Lender may require Bo~ower to pay, in connection with this Lo~, eith~: (a) a one-time ch~ge for flood zone determination, certification ~d ~ack%g sc~ces; or (b) a one-time charge for flood zone d~tem~inaflon ~d codification semices and subsequ~t charges each time mmappings or sinfil~ ch~ges occur which reasonably might ~fect such det~ahon or ce~ificafion. Borrower shall also bc responsible for payment of any fees finposed b7 ~e Fed~l Emergency Mmagem~t Agency in connechon with thc review of~y flood zone dete~ination resulting ~m m~ objection by Bm~ower. If Borrower thils to ~ma~n any of the corteges described above, Lender may obtain )~surance cave, age, at Lenders option and Bo~ower's expense. Lender is under no ob}igadon to purch~ any p~icu!~ ~e or mount of coverage. Th~efore, such coverage sl~all cover Lender, but might or might not protect Bejewel Borrower's eedty in the PropetV or ~e contenB of thc Property, ag~st any hsk, h~d or liability and might pmvlde gmat~ or le~er coverage ~m~ w~ previously iu effect. Bo~ow~ ~owledges ~at the cost of thc insu~cc coverage sa obtained might s~gnificm~tly exceed the cost insurance that Bo~wer could have ob~h~ed. ~y mnounts dishmc~ by Lend~ under ~is Sec~on 5 shaIl become additional debt of Bowow~ secured by fl~is Sec~W lns~um~t. ~ese smelts shall bear in, rest at ~e Note rate ~om ~e date of disbumcmm~t and shall be payable, ~fl~ such interest, teen no,ce from Lender to Bo~ower requesting payment. All insur~ee policies required by Lender m~d renewals of such policies shall be subject to Lmdefs fi~t to,disapprove such policies, sh~l include a st~dad mortgage clause, ~d shall nme Lender mo~gagee an~or ~ an additional loss payee. Lend~ shall have ~e right to hold thc policies md renewM certificates. ~f Lender require% Bo~wcr shall promptly give to Lcnd~ all receipts of paid premiun~ ~fl renewal notices. If Bo~wer obtains ~y form of insumce coverage, not 0th~se required by Lcnd~, for dmage to, or dcs~ctian of, ~e Prope~y, such policy shall include a sl~rd mortgage clause shall name Lender ~ mo~gagee an~or as an addifim~al loss payee. ~ tim event of loss~ Borrower shall give prompt lint/ce to ~e insurance c~er and Lender, Lender lmy ~e proof of loss if not made promptly by Ben, wet. Unlcss Lm~fler ~md Bo~ower othe~isc a~ee in ~it~g, any insut~ce proceeds, whe~ or not lhe underlying iast/r~ce w~ required by Lender, shall be applied to restoration or repair of ~e Prop,, if the msiomtion or ~air is economi:alty feasible and Lender's seemS~ is not lessened. During such repair md ~estoration pc~od, Lender shall have the right to bold such insurance proceeds until Lcmder h~ had an oppo~ity tb inspect such Property to ensx~ the work h~ been completed to Lenders satishction, provided flint such inspection shall be promptly. ~nder may disba~e proceeds for the repairs ~d mstoraion in a single pa~nen~ or in a s~es ofprag~ss pa~nm~ts as th~ work is completed. Unless ~ a~eement is m~e h ~fing or Applicable Law requires ~tcmst to be paid on ~uch insurm~ce proceeds. Lender shall not be required to pay Bo~r inte~st or e~nings on ~uch proceeds. Fees for public adjusters, or oth~ third p~es, retained by Borrower shall not be paid out of tl~e insumce proceeds ~d shall be ~e sole obligation of Bo~ower. the restoration or repair is not cconomic~ly legible or Lenders secudW would ba lessened, g~e insunmce proceeds shall be applied lo tho sun~ seemed by this Sccufi~ Ins~ment, whether or not fl~en due, the excess, if a~y, paid to Borrower. Such insurmaee proceeds shall be al)plied in tile order provided fi~r in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available instmmcc clahn and related matters. If Borrower dues not respond within 30 days to a notice from Lender that the flmurance carrier has offered to settle a claim, then Lender may negotiate and settle ~e claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property nnder Sea/on 22 or otherwise, Borrower h'ereby assigns to Lander ia) Borrowers rights to any inamance proceeds in an mnount not to exceed the mounts unpaid under the Note or this Secmity Instrument, and (b) any other of Borrowea-% rights (other than ire light to any retired of unearned premiums paid by Borrower) under all insurance polkie~ covering the Property, insofar ~ such rights arc applicable to the coverage office Property. Lender may us, the insurance proceeds either to repair or restore the Property or to pay amounts unpaid nnder the Not, or this Security Insaument, whether or nor then due. 6. Occupancy. Borrower shall occupy, e~tablish, and use the Property as Borrower's principal residence within 60 days after th~ execution of this Security Instrument m~d sh~ll continue to occupy the Property as Burrow,s principal residence for at least one year after ire date of occupancy, unless Lender of~erwke agrees in writing, whkh consent shall not bc unreasonably Mthheld, or unless extenuating circumstances exist which ~re beyond Borrower's control. 7. Preservation~ Maintenane, and Protection of lhe Property; Inspections. Borrower shall not desfamy, damage or impair the Property, allow the Property to deteriorate or commi! waste on the Property. Wh~her or not Borrower is r~siding in the Property, Borrower shall maintain the Property in ardor to prevent fl~e Property from deteriorating or decreasiug in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is nut economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage, if insurance or condemnation proceeds are paid in connection wiih damage to, or ~he takings of~ the l'mperty, Borrower shall be responsible for repairing or restorh~g the Property only if Lender has released proceeds for such purposes. Lender may disbtase proceeds for the repairs m~d restoration in a single payment or in a series of progress payments a~. the Work is completed. If the insurance or condenmation proceeds are not sufficient to repair or restore lhe Property, Borrower is not reli:ved of Borrowers obligation for the completion of suct~ repair or restoration. Lellder or its agent may make reasonable entries upon and inspections of the Property. If it has n:asonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at fl~e time of or prier to such an interior inspection:specifying such reasonable cause. 8. Borrower'a Loan Applkation. Boo'ewer shall l~c in default If, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave malerially false, misleading, or inaccurate infarmation or statements to Lend~ (or failed to provide Lender with material infonnation) in connection w/th the Loan. Material representations include, but am not limited to, representations eonceraing Borrower's occupancy of the Property as Borrower'~ priucipal residence. · 9. Protection of Lender's Interest in the :Property ~and Rights Under this Security in,tremont, if ia) Borrower fails to perform the covenants and agreements contained m this Security lnstntment, (b) them is a legal proceeding that might significantly affect Lender's interest in the Property aud./os~ rights under tl)is Security instrument (such as a 15roceeding in ba.nkmpt~y, probate, for condemnation or forfeiture, for enforcement of a lien which may altain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned thc Property, then Lcndm' may do and pay for whatever i~ reasonable or appropriate to protect Lender's h~terest in the Propca-ty and rlghm under this Security lnstrumu-nt, including protecting and/or assessing the. value of the Propct~y, and securing and/or repairing tlle Property. Lender% actions etm include, but are net limited to: ia) paying aay sums accurefl by a lien which has priority over this Secmity Instrument; '(b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property m~d/or fighB under flfi~ Sec~ Insk~ment, inclu~ng its see~d position in a ban~uptey proceeding. Seeing fl~e Pmp~ ~ncludes, but is not limited ente~g fl~e Property to make rc~ai~, ch~gc loc~, ~lace or bo~d up doo~ and windows, drain water ~om pipes, el~nate bulldog or other code relations m- d~gemus conditions, and have utilities turned on or off. Although Lender may ~e action m~der this Section 9, ~nder does not have to do so and is not und~ ~y du~ or obligation to do so, It is a~eed that Lmder incu~ no liability for nat ~hg any or ~1 actiom autbor~ed under ~[s Section 9. ~y amounB disbumed by lender ~dcr t~s S~ction 9 shall bcco~le additional debt of Bo~awer seared by 0aSs Sec~ Inserat. ~ese mnounts shall bear interest at ~e Note ra~e ~m 0~e date of d~sbursem~t aud shall be payabl~ ~th such interesh upon notice ~om Lender to Bo~wer requesting pa~nent. if ~is Secufi~ Ins~ment is on a le~dmld, Bo~ow. ~all comply wi~ all fl~e provisio~ of the lease. If Bo~ower acquires fee title to G~ Pmpegy, ~c le~ehold and the fee fi~le slmll not me~e unless Lender a~ees la ~e merger in 10. Mortgage Insurance. If Lender requi~d Me,gage Insurance ~ a con~tion of mak~g the Lo~. Bo~wcr shall pay th~ premims required to main~in ~e Me.gage Insurance h effect. 1[ for my reason, tho Me.gage Insurance covc~ge ~quimd by Lm~cr ce~es to be available ~m fl~e mortgage ~r previously provided such insurance and Bonow. was required lo m~e sepmtely desisted payments towed tho premiums for Me.gage ~sumce, Bo~ower shall pay ~e'premiums required to obtain coverage substantially equivalent to the Me.gage Instance previously in effect, at a cost subs[~mfially equiv~ent to the cost to Bo~wer o[ the Me.gage Insurance previously in effect, ~om an me.gage insurer selected by Lender, If subs~ntially equivalent Mortgage Insurance coverage is act available, Borrow. shall coagnuc to pay to Lm~der ~e mount of ~e separately designated payments that were due when ~e insurace coverage cooed to be in effect Lender Mil acc~t, use ~d m~in these payments ~ a non-re.ridable loss mse~e in lieu of Ma~gage Ins~ce, Such loss res~e sh~l be non-refundable, notwithstandNg ~e fac[ that ~e Loan is ulfima~ly paid in ~I1, and Lend~ shall not bo requlmd to pay Bo~wer any int~st or earnings on sud~ loss reserve. Lender can no longer require loss rese~e pa~ents if Momgage Instance eovmge (in thc mnoun~ ~d for the period ~at Lender requires) pro~ded by m insurer selected by Lender aga~ becomes available, is obtained, ~d Lender requires sepmtely designated pa~nents tow~d O~e p~iums for Mortgage Inst~ce. If Lend~ mquMd Me.gage In,urinate ~ a condition of m~ing ~e Lo~ and Bo~wer w~ mquir~ to m~e sepmtcly desig~tcd pa~enU towed tho pm~ium~ for Mortgage Insu~ncc, Borrower sl~all pay the premiumg requ~d to ~intain Me.gage insunnce in ogee, or to provide a non-m~ndable loss resema, until Lendm'~s requirement for Me.gage I~umce ends N acco,'~nce with rely writtm a~cmnent between Bo~ower Lender providing for such te~ination or until ~rmimtion is required by Applicable Law. Nothing in this Se~ion 10 affec~ Bo=ower's obligation to pay N~est at Ire rate provided in ~he Note, Mortgage Insumce reimburses Lender (or ~y m~ ~at pumh~es the Nora) for e~ain losses it may inet= if Bo~ower does not repay lhe Loan,~ .agreed.. Bo~ower is not a ~mW to the Mortgage Illsur~ee. Me.gage ~s~ evaluate ~eir total ~sk on all such Nsu~nce in rome ~om time to time, and may enter into aweemenU wifl~ o~er pa~ies that ~e or modi~ ~eir risk, or ~duce losses. ~ese agrcmnents ~e on tc~s and conditions fl~at am safisf~to~ to fl~e moNgage insurer and ~e o~ p~ (or pines) to ~ese a~eements, These agreements may require the me.gage insurer m make paymm~B ~ing any soume of fun~ that ~e mmtgage Lnsmur may have available (which may include ~nds obtained ~om Me.gage ~s~ance As a result of tl~ese a~eements, Lender, nny purd~aser of the Note, ano~c~ insure?,~.~y reing~; ~y off, er enti~, or m~y a~liate of any of the fomgolng, may receive (dkectly or indirectly) mno~t~ ~hat derive ~om (or might be ch~actefized ~) a portion of Bo~ower's pa~cnts for Mortgage ~su~nce, in exeh~gc for sharing or modifying the mortgage insurer's risk, or reducing losses. If such a~ement provides that m affiliate of Lender t~es a share of the insurer's risk in exchange for a sha~e of thc premiums paid to the insurer, tile a~m~gement is o~ termed '~captive reNs~ce." FuNher: (a) Any such agreements Mil not nft&t the alnounts that Borrower has agreed ~o pay for MoNgage Insurance, ~r any other terms of the Loan. Such agreemen~ will not lncrease tl~e amount Borrower will owe for Mortgage lnsurance~ and they will not cai{tie Borrower to any relhnd. (b} Any such agreements will nat affect the rights Borrower has - If any - with respect to thc Mortgage Insurance under the Homeowners Protection Ac~ o~ 1998 or any other law. Thesa ~Sghts may include thc right to receive certain disclosures, to request and obtain cancella~on of the Mortgage Insurance, to have the Mortgage Insurance te~ina~ed automatically, and/or ro receive a refund of any Mortgage Insurance premiums that were unearned at the time of such canceDa~on or termination, ~signed to and shah be paf~ to L~d~r, Ir fl~, Pmpe~ is dredged, such Misce~aaeo~ Pmcee~ shall be applied to restoration or ~pair · e Prope~y, if the restoration or mpak is economically legible ~d Lender's saeuriW is not lessened. Dung such rep~r and restoration p~o~ Lender sh~l have the right to hold such Miscellmem,s Proceeds until Lender has had an oppommity to inspect such Prop~w to msum fl~e work has been completed to Lender's satishcfion, provided ~at such ~spemion shall be undemken promptly. Lender may pay for repai~ ~d ~sto~fion in a single d[sbmement or in a series of progress pa~en~ ~ fl~e work completed. Unless ~ agreement is mad~ in ~fing or Applicable Law ~quires interest ~ be paid on such Miscellaneous Proceed, Lender shall nat be required to pay Bo~wer my int~est or earnings on such Miscellaneous Proceeds. lf~e restoration or repak is not economically feasible or Lenders sem~ty would bo lessene~ fl~e Miscellaneous Procec~ shMl be applied to the sums seet~d by ~is Secuhty lns~ment, whether or not then due, Mth ~e excess, if my, paid to B0~wer. Such Miscell~eous Proceeds shMl be applied in the order provided for in Section 2. II1 fl~e ev~t of a total t~ing, dcs~ction, or loss in value of the Pmp~, tl~e Miscell~emu Proceeds shall be applied to ~e s~s sec~ed by fl~is Secufi~ Insmmeng whe~or or not fl~en du~. with · e excess, if any, paid to Iu ~e event of a p~ial ~king, destruction, or loss h value of the Prape~ ~ which ~e htr m~ket value of tim Prope~ ~edialely before tho pmlal ~ng, des~ction, or loss in value is equal to or ~eater ~ fl~e amonnt of the sins secured by this Sec~ity lns~menl immediately before ~e p~al taking, des~cfion, or lass in wlue, unless Bo~ower and Lender o~e~wls~ agree in ~fi~, ~he sums deemed by fl~is Secufi~ lns~ment shall be reduced by Ihe amount of fl~e Miscellaneous Proceeds multiplied by t!~e following ~ction: (a) the ~tal mount of the sums sec~d immediately before pmfial ~g, des~etion, or loss in value divided by (b) thc htr market value of the Propeay i~ediataly before ~e panini t~ing, desmction, or loss in v~ue, Any bal~ce ~hall be paid to Borrower. In ~e evm~t of a papal ~g, des~ctio~ or loss h value of ~ Pmpe~ ~ which the hir market value of the Prop~ in~nediately beBre the' Paffial ~ing, desmc~o~ or loss ~ value is less th~ the mom~t of ~e sins secured immediately before tim p~ial ~ng, des~c~on, or lass in valua un Bouo~g ~ ~ende[ o~so ague in ~ting, thc Miscell~eaus Proceeds shall be annlio~l ,. ~,~ $ec~o by ~IIS beeUnty lns~l~t whether or not tim sums ~e ~ell due. rr .......... If d~e Prope~ is abmdaned by Bo~ower, or if, ~er notice by Lender to Borrower ~at the Opposing P~ (~ defined in d~e.next senmuce) offem W.m~e m~ award m scule a claim for d~agcs, Bo~ow~ hils to m¢ond to Lender wid~in 30 days ~er ~e da~ the notice is given, Lm~der is atttharized to colle,t ~d apply tho Miscell~eous Proceeds eider to resto~tion or repair of the Properly or to ~c s~ see~d by ~is Securi~ Insm~t, whethc~ ar not 6~en due. "O~pos~g Pa~" me~ the ~d p~ that owes Bo~w~ Miscellaneous Proceeds or the p~y against whom Bo~ower h~ a fi ht of acfi ' rcga~ ~ Miscell~eous Proceed. g on 111 Bo~owc~ shall be ~ default if bay action or proceeding, whether civil or efi~aI, is begun d~ag in Lcnd&s jud~cnt~ could result in forfeiture of the Propc~ or other matehaI impaiment of Lender's interest in the Prope~ or rights uuder ~is Scmm~ Insbment. Bo~w~ cm~ cure ~uch a.dehult and, if acceleration h~ occu~d, reinstate ~ provided i~) Section I9, by causing the action or proceeding to be dismissed with a ruling tha~ in Lender's judbmlent, precludes forfeitt~ of the Pmpe~ or 0~er material hnpairment of L~de~'s interest iu the Propc~ or rights under this SecufiW Ias~ent. The proceeds of m~y award or clam for damages d~at ~ at.bumble to fl~e imp~cnt of Lenders interest in file Prope~ am hereby &qsi~ed and shall be phd ta Len8~, All Miscellmeous Proceeds 0~at ~e nat applied to restoration or repair of ~e Pmpe~ shall be applied in fl~e order provided for in Section 2. .. ~6AfWY~ 1o0o~1,o~ *=~= ~¢~S ~rm 3051 1/01 12. Borrower Not Released; Forbearance By Lender Not a Waiver. E×teasion of the tiinc for paynaent or modi~catioa of ammtkadon of the sums sc~d ~ dlis to Bo~ower or ~y Successor in inte~st of Bo~ow~ ~hall not ope~t~ to r~Icasc the liability of Bo~ower ar m~y Successo~ in Interest of Boaowcr. Lender shall not be required ~ co~ence p~ec~n~ against my Successor in In,est of Box0Wg or to m~s~ to extend time for payment or oth~sc madif~ ~oniation of tho sum~ ~ecured by ~is 8ecufi~ Ins~ment by m~on of any dmmd m~e by Om o~tfinal Bo~ower or any Succes,ors in htemst of Bo~wer~ ~y forb¢~ce by Lenda in exemlsmg any ~ght or remedy including, without lhnltation, Lende~ acccptmme or pa~mts ~n fl~i~ p~ons, entities or Successo~ in Intc~st of Bo~ower or in amounts less ~an the amount ~en due, shall not be a ~iver of or preclude ~c exercise of any fight or remedy. I3. Joint and Several Liability; Co-~lgners; Succesfors and lifigns Bound. Boaower coven~ts and a~ees that Bo~ower's obligations md liability shall be joint and several. 1.Iowevcr, a~y Boxower who co-si~s this Securi~ ln~ment but does not execute fl~e Note (a "co-si~"): (a) is co-si~fing ~is Secu~ Ins~ment only to mortgage, ~ant and convey the co-signer's interest h~ the Pmpm W under thc te~s of this Sectary Ins~m~nt; ¢) is nat peaon~ly obligated t~ pay ~e sins secured by ~is SecufiW Ins~ment; and (c) a~ees that Lend~ and m~y other ao~ower can a~ee to extend, me,fy, forbear or make any aceo~o~tions with rc~d ~ ~e t~s of this Sec~ty Ins~ent or the Note withom co-signe~s consent. Subject to the provisions of Section I8, any Successor in Interest of Ba~wer who a~sumes Bo~wer's obligations under this Security lns~ment in ~ting, and is approved by Lender, shall obain all of Boxowe~s figh~ ad benefits under this Secufi~ lns~menr. Bmrowcr shall not be rale~ed from Bo~owcr's obligations ~d Iiabili~ under tiffs Sec~W Ins~menr ~Iess Lender agrees to such release ~[~g. ~e covenan~ and agrcem~ts of ~is Security Instmm~t shall bind (except Section 20) and benefit ~e successors md assi~s of Lender. 14. Loan Charges. Lender may c~ Bo~ower fees for se~ic~ perfo~ed in co~mection Bo~ower's default, for thc pu¢ose of protecting Lender's intercst:.in the Propeay ~d fights undo tl~is Secud~ Instrument, including, but not limited to, attorneys' ~cs, 1)ropel~ inspemion m~d valuation fees. ~ reg~d to any other fees, the absence of ~press authority in ~is Securi~ Instalment m charge a specific fcc to Bon'ower shill.not be cons~ed ~ a prohibition on the charging of such fee. Lend~ may not ch~ge fees flint ~e expressly prohibited by this Securi~ Ins~ment or by Applicable Law. If the Lo~ is subject to a law which sets m~hnmn lom~ charges, a~d that law is finaBy ~t~eted so ~at fl~e interest or other loan ch~s collected or to b, collected in co~on with ~e Lo~ exceed the peri,ed limits, then: (a) ay such loan ch~ge shall be reduced by the amount necessaU to reduce thc ch~ge to the peri,ed limit; ~d ¢) any su~ already collected ~m Bo~ower which ~ceeded p~iaed limia will be re~ded to Bo~wer. Lmda may choose to ~e flfi~ rehnd by reducing ~e principal owed under ~e Note or by making a direct paymmt to Bon'ower. mduetinn will be ~ated a a pmid prepayment without, m~y prepayment charge (wheth~ or not a prapa~ant eh~ge is provided for und~ the Note). Bonow~s accop~c~ of any ~uch roland made direct pa~nent to Ba~owar Mil con~titu~e a waiver of any right of action Bo~xower might h~vc rasing out of~ucl~ overcha~o. 15. Notices. All notices glv~n by Bm~ower or Lend~ in co,eolian with this Security Ins~menl mu~t be in writing. ~y notice to 9o~owor in connection with thi~ Security ~s~nenr' sL~lI be deemed to have been ~iven to Boxower when roiled by fiat cl~s mall or when actually delivered to Bo~ower's notice address if sent by other incas. Notice to any..one Ba~wer shall constitute notice to all Bmrow~ unless Applicable Law uxpmssly requires othe~ise. Thc notice address shall be fl~e Pmpe~ Ad,ss unless Bo~wer h~ desiccated a substitute notice Mdmss by notice ~ L~der. Bo~wer.shall promptly noti~ Lande~ of Boxower's cha~ge of ad~a. If Lend~ ~p~cifies a procedure for repo~ng Borrower's ch~ge of address, then Bo~ower shall only repo~ a change of ~ss ~rough ~at specified procedure. Them may be only one de~ignatad notice ad&e0~ under ~is gec~fi~ I~m~t at ~y one t'im~. Any notice to Lender shall be given by delivering it or by mailing it by fn'st clapt mail ~ Lendafs Mdress stated h~ein unless Lender ha desi~ated ~a~er address by notice to Borrower. Any notice connection wifl~ fl~i~ Sec~ Insnument shall not bc deemed to have been given to Lmld~ until actually received by Lender. If any notice required by tiffs Security ~s~ment is also required ~der Applicable Law, the Applicable Law requirement will ~afis~ ~e comsponding requkement under this Security Ins~mcnt. F~m 3o51 1101 91 7 16. Governing Law; Severability; Rules of Construction, 'This SeCurity ~llStrllment governed by federal law and the Jaw of the jurisdiction {u which the Propeay is located, All ri~ts and obligations confined in this Scotty Ins~ment ~e subject to any requi:mnenB ~d limitations of Applicable Law. Applicable Law might cxplic[tly or implicitly allow the p~es to agree by con.act or it might be silent, but such silence d~all not be oons~ed ~ a prohibition against a~¢eement by concoct. the event that m~y provision or elate of this 8ecuri~ Ins~ment or ~e Note conflicts wifl~ Applicable Law, such conttiet sh~l not affect other prohsions of ~is Secud~ Immuent or thc Note which crux be given effect wi~out ~e eo~icting pmvisiom As used in this Som~ Ins~meat: (a) words of ~e m~culine gender ~all mean md include corresponding neuter woMs or words of tl~c femMine gender; ¢) woM,~ in ~e singular ohM1 mean include the pl~al ~d vice versa; and (c) ~e word "may" gives sole discretion wi~out ~y obligation t&e ~y action. 17, Borrower's Copy. Bo~0w~ shall be ~ven one copy of the Note and of this Sec~t Ins ,, 18, Tran,f~r of the l'roper~ ora Beneficial Interest in Borrower. As ,~ed ~n ~ "Interest in " Sa the Prope~ means m~y lcgM or beneficial briefest in the Propers. including, but not limited to, flmae ~neficial interests tmnsfc~ed in a bond for deed, con,'act for deed, installment sales con~act or escrow a~ement, fl~e intent of which is the msfcr oftitI¢ by Bo~wer at a fi:turn date to a pmchaser. If all or any pea of the Prope~ or ~y Interest M thc Prope~ i$ ~old or ~ansfe~d (or if Bo~awcr i$ not a normal p~on md a bcmeficial interest in Bm~awer is ~old or ~sh~d) without Lender's prior ~Uen conscnq Lender may mquh'e ~ediatc payment in ~I1 of nll sums secured by this lustre<t, floweret, tiffs option shall not be exerciacd by Lender if such exercise is prohihkad by Applimble Law. If Lender exercises this oplion, Lender shall ~ve Bo~ower qotiee of accelmtion. %e notice shMl provide a period of n6t less ~h~ 30 days from the date the not/ce is given in accord~ee wi~ Section 15 withM which Bo:~ower mn~t pay all sums secured by this Semu'iW lns~ment. If Ba~ower hils to pay ·ese gms prior to ~a expiration of this period, Lender may invoke any m~edies p~mitted by Security Instant without faffi~er notice or dmnand on Bo~awer, 19, Borrower's ~ght to Reinstate After Acceleration, If Bonower meets e~in conditions. Bo~ower atoll have ~he fight to have enCorcemm~t of thi~ SecufiW I~ent discontinued at m~y time prior to fl~e earli'est o~ (a) tiro days bcfor~ sale of thc Pro~e~ pmumt to ~y power of sale contained in thi~ Secuhw Instant; ¢) such other period as Applicable Law might speci~ for/lxe te~inafion of Bonaweda right ro reinstate; or (c) ent~ of a judg~ent enforcing 01is Se~ufi~ Instrmcnt. Those conditions me ~at Bo~ower: (a) pays Lender all sums w~ch then would ba due undc~ tiffs M~ment ~d th, Note as If no accele~ion h~ occur~d; th) cures ~y dehult of any oth.r covenants or a~eements; (c) pays all expmsas incu~ed M enfomh~g tiffs SccaE~ Ins~en~ includMg, but not limited to, re.enable attorneys~ fees, prope~ inspection and valuation fees, =d o~er fees incu~ed for the pu~ose of protec~ng Lendar'~ in.mst i~ the ,Prope~, ~d righ~ under this Secuhty lna~ment; m~d (d) t~c~ ~uch action ~ Leng~ may reasonably ~qui~ to ~sum t'kat Lander's in.rest in ~e Pmpe~y ~d fights under this Sccu~ Ins~men~ m~d Bo~wcr's obligation ta pay ~e sins secured by this lns~ment, shall continue nnchanged. Lmd~ may require that Bm~ower pay such reinstamment s~ms and ~penses in one or more af the following forms, aa selected by Lender: (a) ca~; ¢) mon~ order; (c) certified cheek, b~k check, ~easmer's check or caahier'~ chec~ prodded any such check is dmm~ upon an institution whose deposits ~e insured by a hderal agency, instmm=tali~ or critiC; or (d) Electronic Funds Tinsel Upon reln~tatcmant by Bo~wer, this SeeufiW Instrtment md obligations secured h~eby ,hall remain ~lly effective a~ if no aceelc~tion had accused, However, this fight to reinstate shall not apply ~ ~e c~e of ~eeletmion undo~ So.ion 18. 20. Sale of Not~; Chef, ge of Loan Se~icer; Notice of Orievunce. ~e Note ~ a pmiM int~st in fl~ Nole (together wi~h lhis SecudW lns~ment) can be sold one or moro times wi~out phar notice to Bo~wcr, A $~e might moult in a chm~ge ~ the m~ti~ (~own ~ fl~e "Lo~ Se~icer") fl~at collects Periodic Pa~um~ due under tl~e Note and this Sccu~ Instrument md peffo~f otl;er mortgage lo~ se~icing obligations =d~ the Note, ~is 8emrit7 In~ment, ~d Applicable Law. Them also mi~t be one or more ch~ges of the Lo~ Se~icer ~lated to a salt: of the Note, If the~. is a ch~ge of ~e Scwice:; Bo~wcr will be given ~aen notice of the ~ga which will grate the name m~d ad'ss of new Loan Semicer, ~e address to which payments shofild be made ~d any o~er info.orion RESPA ~?A(WY} {0~0:),01 ~aoa 1~ alS Form /01 .0S750 ,? 918 rcquircs in connection with a uotice of transfer of servicing, if the Note is sold ~nd th~re~er tim Loan se~ccd by a Lo~ S~cer off,er ~ ~e purch~er of ~e No~, ~e me.gage lo~ se~icing obtigatio~ to Bo~ower will remain Mfl~ fl~e Loan S~cer or be msferred to a successor Loan Se~icer ~d ~e not a~sumed by the Note p~h~er unless o~ise provided by the Note producer. Neither Bo~ow~x nor Lender may cmmuence, jain. or be joiaed m ~y judlciaI action (as either an individual litig~t ar the member afa el~s) that ~es from the off, er pony's actions pu~uant to this Secmty Instnment ar that alleges ~at the oilier p~ h~ broached m~y provision of, or my du~ owed by m~on o~ tl~is Secufi~ lns~umcn[ until such Ben. wet or Lender h~ notified the other p~ (with such notice giv~ in campliance with the requi~cnts of Section 15) of such alleged breach and afforded the off, er pa~y he~o a reasonable period after the .giving of such notice Applicable Law provides a time period which must elapse before cemin action em~ b, ~m, fl~at time period Mll be deemed to be reasonable for p~oses of fl~is pmbaapl~. The notice of accdemfion ~d oppo~niW to cure g~ven to Bo~wer pu~um~t to Secfimx 22 and ~e notice of accdcra~on givm to Bo~owar pursuant W Scctlon 18 shall bc deemed m safis~ the notice md oppommiW to t~ eo~cfive action provisions of this Section 20. 21. ltazardou, Substances. As used in this Sec~on 21: (a) "H~a~ous substances defined ~ toxic or h~ardous substances, pdlutants, or wastes by Envirommtal ~w follow~g subst~ces: gasoline, kerosene, other flammable or ~xic pea'oleum products, toxic pesticides ~d herbicides, volatile solvenB, matefi~s conmin~g ~bestos or fo~aldehyde, ~d radioactive materials; ¢) "Enviromnental Law" me~s federal laws and la~s of the jurisdiction where ~c Pmpe~ is located that relate to heal~, safe~ or environmental protection; (c) "Envirot~enBl Cleanup" includes any response action, rmadial action, or removal action, as defined ~' Enviromnental~Law; ~d (d) an 'Envirom~tal Condition" memos a condition that c~ cause, con~bute to, o~ othe~se ~iggar an Bnmnmeutal Cleanup. Borrower shall not cause ar pe~it ~c p~seuce, use, di¢os~, storage, or release of ~y H~ous Subs{re)ecs, or ~atcn to release any Hazardous Substances, on or in ~e Propers. Bo~ower shall not do, nor allow anyone elsa to do. m~h~g affecting fl~e Propeay (a) that is in violation of any Envim~mntal Law, (b) whicl~ creates ~ Environmental Condition, or (c) which, duo to the presence, usc, or HaVens Substmee, creates a condition that Mv~mcly affe~ ~ value of Om Pmp~ff. The precc~ng two sentences shall not apply to th~ pm~cnce, use, or storage aa ~e ~peny of small quml~ties of I~ardous Sub,moos ~at m generally r~ca~ized to be appmpdam to no.al residential uses ~d to ma~tenancc of fl~e Prepay (including, but not limited lo, h~dous subst~ces in consum~ products), Bo~ower shall promptly give Lender ~iflen notice of (a) any investigation, claim, dex~tL lawsuit or o~er action by ~y govemm~tal or m~Iatow a~n~ or private pa~ involving the Prepay and H~ous Subsmcc or Enviromcmml Law of which Bo~wer h~ actual hmwledge, Enhronmental Condition, including but not l~ited to, ~y spilling, lacing, disch~ge, rele=e or release of ~y H=~dous Substmce, and (e) any condition corned by th~ presence, us~ br release of a H~a~om Subsmoe whid~ advemdy a~cts th, vau~ of ~e Pmpc~. If Bo~owcr l~muiS~ ()r is no~fied by m~y governmental or regulatoW authority, or any private pa~, ~at my removal or other mmediafion of any Hazardous Substance affecting ~e Prope~ is necess~, Ba=ower shall promptly ~e ail necessaw remedial actions in accordm~ce wi~ Enviromental Law, Nothing'heroin shall cma~ any obligation on Ltmd~ for an EnMranmenm[ Cle~up. NON-UNIFORM COVENANTS. Borrower and Lender fun'her covenant and agre~ as fol{ows: 22. Acceleration; Remedies. Lender shall give notice to BorrOWer prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section I8 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) tile action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which tile default must be' cured; and (d) that failure to cure the ltefault on or before the date specified in the notice may result in acceleration of/he sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and salt. if the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may 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 provid,d in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender Invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to tile person in possession of the Property~ if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sal~ and the Property shall be sold in fife manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale, The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited reasonable attorneys~ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it, 23. Release. Upon paymea~t af all sums secured by this'Security Iustrum~nt, Lender shall release this Security lnstrmnent_ Borrower shall pay any rccordatiofi: costs, Lender may charge Borrower a fee for releasing this Security lnstrummat, but only ifth~ fcc is paid to a third palty for services rendered and the chin:fine of the t~e is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of lhe homestead exemption l~ws of Wyomfi~g. II~,§A{WY} {OOO$),01 PaO, ~aoflS ~ Form~051 1/01 BY SIGNING BELOW, Bonmwer accepts and agrees to the.terms and covenants conta/ned in this Security Instrument and in any R/dar executed by Borrower and recorded with it Witnesses: (Seal) l~'e~ gl. Judg'~ -Borrower (Seal) (Seal) -gorrowor -l~otrower (Seal) (Seal) · llorrowcr .Borrower (Seal) (Seal) BttliIB- 10 0 A(WY) (ooos).H p~.~o¢~ Form 30,~1 1/01 STATE OF WYOMING, Lincoln County The foregoing lnstnanent was aeknowledged before mo thi~ is~ day of August 2001 by ' ~e~ran W. Judg~ and ~tri¢ia C~ Ju~ My Commission Expires: August 12, 2003 Lincoln ~ Wyoming i EXHIBIT A Legal Description for Stephen W. Judge and Patricia C. Judge A portion of the property referred to in Warranty Deed recorded in Book 381PR on page 753 of the records of the Lincoln County Clerk within the SW¼NE¼ of Section 2, T35N Rl19W of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at a point on the East line of said SW¼NE¼, said point being 71.70 feet S 1°41'54" W, along said East line from the B.L.M. type monument marking the Lloyd B. Baker (PLS 698)~ 1994 location for the Northeast Corner of said SW¼NE¼; thence S 1°42'06~'' W, along said East line, 609.03 feet; thence N 89°12'18".W, 658.64 feet, more or less, to a point in the west line of said property described in said Book 381; thence N 1°37'02" E, along said West line, 609.35 feet to a point in the South line of the 60 tbot right of way Easement as referred to and recorded in said Warranty Deed; thence S 89010'33'' E, along said South line, 659.53 feet, to the point of beginning. LESS AND EXCEPT any land contained in Warramy Deed recorded April 1, 1996 in Book 381PR on page 755 of the records of the Lincoln County Clerk.