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HomeMy WebLinkAbout878089AfterRecording RetumTo: COMI~IJNITY FIRST NATIONAL BANK 200 NORTH CENTER STREET ROCK.SPRINOS. WY 82901 [Space Above This Line For Recording Data] PILS MORTGAGE PARCEL NUMBER: DEFINITIONS Words used in multiple sections of this doemnent are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrment' memos this document~ which Js dated DECEFIBER 1.4, 2001 together with ail Riders to [his document. (B) "Borrower"is ANDREW CHARLES PILS AND JENNIFER LYNNE I~th58. t-rUSBAND AND WIFE PILS Borrower is the mortgagor under this Security Instrument. (C) ,Lendeff~ is COMlVlUNITY FIRST NATIONAL BANK Lender is a CORPORATION organized and existing under the laws of THE UNITED STATE OF AiVI~RICA . Lender's address is 200 NORTH CENTER STREET ROCK SPRIN(3S. WY 82901 Lender is the mortgagee 'under this Security Instrument. (D) "Note" means the prom/ssory note signed by Borrower and dated DECEMBER 14. 2001 The Note states that Borrower owes Lender EIOHTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $ 87,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later thm~ J/u,lui~Y 1, 2 03 2 (E)~"Property'' means the property that is described below under the heading "Transfer of Rights in the Property. (F) ~q~oan" memos the debt evide~ced by the Note, plus interest, any prepayment charges and i. ate charges due under the~Note, and all sums due under this Security Instrument, plus interest. WYOMING - Single Family - Fmmie MaefFreddie Mac UNIFORM INS l R~[ MEN I Form 30511/01 DOCU1WY1 (Page ioJ' 12 pages,) G) "Riders" means all Riders to this Security Instrument that ~e ¢xecumd by Bo:~ower. The following Riders are to be executed by Bon'ower [check box as applicableS: ~ Adj'ustab~e Rate Rider ~ Condo:min~ R.id¢~ ~ Second Home Rider ~ Balloon Rider ' ~ Planed Unit Devel~m~ent Rider ~ Biweekly Payment Rider ~ 1-4 Fmnlly Rider ~ Other(s) [specify] T~EXEMPT FIN~CINO RIDER (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinm~ces administrativerules and orders (that have the effect of law) as well as all applicable final, non-appealable j~tdicial opinions. (I) "Cmnmunity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that m'e imposed on Borrower or the Propegy by a condominium association, homeowners association or similar organizatio~ (,B ~lectronic Funds Trmmfer" mem~s any transfer of funds, other than a tr~saction originated by check, draft, or or similar paper instrument, which is initiated through ~ electronic tenmnal, telephonic i~strument computer, magnetic tape so as to order, instruct, or authorize a financial restitution to debit or credit m~ accounL Such term includes, but is not limited to, point-of-s~e trasfers, automated teller machine transactions, transfers initiated by telephone, wire a-ansfers, a~ automated cle~i~honse transfers. (K) "Escrow Items" mea~s those ite~ [hat ~e described n Section 3. (L) ~iscellaneous Proceeds" means ay compensation, settlement, awed of damages, or proceeds paid by third party (other than insnrace proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Pmpert'y; (iii) co~w%,ance in lieu of condemnatim; or Ov) misrepresentations of, or omissions as to, the value alxgor condition of the Property. (M) "Mortgage Insurance" meas insurance p-otecting Lender against the nmpaymen[ of, or default an, the Loa~. (N) ~'eriodic Payment" means the regnl~ly scheduled amount due for (i) principal and interest under the Note, plus (ii) any anounts under Section 3 of this Security lnstr~ent. (O) "~SPA." means the Real Estate Settlement ~ocedures Act (12 U.S.C. ~2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in reg~d to a "federally related mortgage }oan" e~en if the ~a does not qualify as a "f~terally relat~ mortgage loa'' under ~SpA. (p) "Successor in Interest of Borrower" means mxy party that has taken title to the Property, whe~aer or not that party has assumed Bo~wer's obligations ruder ~e Note aM/or this Security h~strument. T~NSFER OF RIGHTS IN THE PROPERTY ' This Security Instrument secures to Lender: (i) the repayment of the Lo~, and all renewals, extensions and modifications of the Note; trod (ii) the performance of Bo~ower's covenaxts and agreements under this Security Instrument and the Note. For this pu~ose, Bo~ower does hereby mortgage, grant ad convey to Lender L~nder's successors and assi~s, with power of sale, the tbllowing desc~bed property located in the (Type of R~ording Jurisdiction) (Nane of R ~ordin-g Jurisdiction) LOT EIGHT (8) OF BLOCK FI~ (5), LINCO~ HEIO~S 4TH SUBDIVISION TO THE TO~ OF KE~RER, CO~Y OF LINCOLN, STATE OF ~OMING. which currently has the aldress of 1134 COULSON AVENUE [Street] KEMMERER ,Wyoming 83:1. 0:1_ CPrcperty Address"), [City] [Zip Code] Fonn 3051 1/01 wYOMING - Single Fa~ml7 - Fanme Mae/Freddie Mac LrNIFO RiM INSTRUMENT DOCUiWY2 (Page 2 of 12 pagesi TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part o'f the property. All replacements an.d additions shall also be covered by this Security Instrument. All oi' the foregoing is referred to in this Security Instrt~ment as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed aud has the right to mortgage, grm~t and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bon'ower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrmnent covering real property. UNIFORM COVENANTS. Borrower a~d Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and m~y prepayment charges and late charges due under the Note. Borrower shall also pay fnnds for Escrow Items'pursuant to Section 3. Payments due under the Note and this S ecurity Instrument shall be made in U .S currency. HoWever, if arty check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security h~strument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrmnentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated m the Note or at suct~ other location as n'my .be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, bui: Len der is not obligated to apply such payments at the time' such payments are accepted. If each Periodic Payment is applied as of its' scheduled due date, then Lender need not pay interest on unapplied funds. 'Lender may hold such nnapplied funds until Borrower makes payn~nt to bring the Loan current. If Borrower 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 funds will be applied to the outstanding principal balea~ce under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Bon'ower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instl-ument. 2. Application ot' Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and [hen to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall beapplied first to any prepayment charges and then a~ described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fumts for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over t'his Security Instrument as a lien or encumbrance on. the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance WYOMING - Single Family - lhim~ie Mae/Freddie Mae 't ~rNIFORM INSTRIJMENT Form 30S1. 1/01 DOOUlWY~ (Page 7 of 12 pages) required by Lender under Section 5; and (dj Mortgage Insurance premiums, if' any, or any sums payable by ~'*' Borrower to Lender in lieu of the pay~nt of Mortgage Insurmtc~ pr~mium~ in accord~ic~ with the provisions of Section 10. Thes~ items are called "Escrow Items." At origination or at auy time during the term of the Loan, Lender may r~quir~ that Co--unity Association Dues, Fees, aud Assessments, if m-~y, be escrowed by Borrower, and such dues, fees ~d assessments shall b~ an Escrow Item. Bo~ow~r shall promptly furnish to Lender all not~ces ' of amounts to be pa~d under this Section, Bo~ower shall pay Lm~d~r the ~nds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for anj, or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at ~y tim~. Any such waiwr may only b~ m writing. In the ewnt of such waiver, Borrower shall pay directb', when and ~vh~r~ payable, the amounts due for any Escrow Itmm for which payment of Funds has b~en waiwd by Lender ~md, if Lender requires, shall furnish to Lender receipts evidencing such payment within sud~ ~ime period as L~nder may require. Borrower's obligation to make sud'~ payments and to provide receipts shall for all pm-poses be deemed tob~ a covenant and agreement contained in this Secudt'y Instrument, as the phrase "cownm~t and agreement" is used in Section 9. If Bo~Tow~r is obligated to .... pay Escrow Items directly, pursuant to a waiver, mid Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as ~o any or 'all Escrow Ite~ at any tim~ by a notice given in accord~ce with Section 15 and, upon such revocation, Bo~ower shall pay to Lender all ~nds, ~d in such amounts, that are then required under this S~ction 3. Lender may, at any time, collect mxd hold 'Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under ~SPA, and (b) not to exceed the maximum amount a lender c~ require under RESPA. Lender shall estimat~ the amount of Funds due on the basis of current data fred reasonable estimates of expenditures of future Escrow Items or otherwise in accord~ce wi~ Applicable Law. The Funds shall b~ held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lel~d~r, if Lender is an institution whos~ deposits are so insured) or in any F~d~ral Hom~ Loan Bank. L~nder shall apply the ~mds to pay the Escrow Items no later th~ th4 time specified under RESPA. Lender shall not charg~ Borrower for holding and applying the ~nds, annually analyzing th~ escrow account, or verifying .... the Escrow Items, unless Lender pays Borrower interest on the ~nds and Applicable Law permits Lender to make sudt a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the ~nds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Bom~wer ~d Lender cra: agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Bo~ower, without charge, m~ annual accounting of the Funds as r~quired by RESPA. If there is a su~lus of ~mds h~ld in escrow, as defined under ~SP.A, Lender shall account to 'Borrower for the excess ihnds in accordance with RESPA. If ther~ is a shortage of Funds held in escrow, as defined under ~SPA, Lender shall notify Bon-ower as required by RESPA, and Borrower shall pay to Lm~der the amount n~cessa~ to mak~ up th~ shortage in accordance with ~SPA, but in no mor~ than 12 monthly payments. If thm-~ is a deficiency of Funds held in escrow, as defined under ~SPA, Lender shall notify Bon'ower as required by RESPA, and Bon'ower shall pay to Lender fl~ amount necess~ to make up the d~ficiency in accordance with RESPA, but in no more th~ 12 monthly payments. Upon payn~nt in full of all sums secured by tl~is Security Instrument, L~nder shall promptly refund Bo~0wer any ~nds held by Lender. 4. Clmr~es; Liens. Borrower shall pay all taxes, assessments, charges, fin~s, and impositions attributable to the Prop~ny which can attain priority over this Security Instn~ment, leasehold payments or ground rents on the Property, if ~y, and Community Association Dues, Fees, and Assessments, if any. To th~ ~xtent that these items g~ Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptb' discharg~ mxy lien which has priority over this Security Instrument unless Bo~ower: (a) agrees in writing to th~ p4yment of the obligation secured by the lien in a manner acceptable to Lende[, but only so long as Bon'ower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of 'the li~n in, legal proceedings which in Lender's opinion operate to prevent the enforcmmnt of the lien while those proceedings ~e pending, but only until such proceedings are concluded; or (c) secures front the holder of the lien an agreement satisfactory to Lender subordinating th~ lien to this Security iustmment. If L~nder dete~ines that any p art of the Property is subject to a lien which can attain priority over this , Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which WYOMING - Single Family - Fanale MaWFreddie Mac I~II?ORM INSTRIJ~NT ¥onu 3051 DOCt)lWY4 (Page 4 of 12 pages) that notice is gfven, Borrower shall satisfy the lima or take one or more of the actions set forth above in this Section 4. Lender may require Borrower [o pay a one-time charge for a real estate tax verification and/or reporting service used hy Lender in connection with this Loan. 5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the pariods that Lender requires. What Lendm' requires pursmmt to the preceding sentmtces can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen 13' Borrower st~bject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender n-my require Borrower to pay, in connection with this Loan, eiflxer: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination m~d certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of fin3, fees imposed toy the Federal Emergency Managemen! Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtaia ins uran ce coverage, at Lender's option and Borrower's expense. Lenderis under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall-cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greatm: or lesser coverage than was previoukly in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgageclause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal :notices. If Borrower obtains an'y form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Bo~ower.shall give Prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econonacally feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other thirdparties, retained by Borrower shall not be paid out of the insuratce 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 sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be .applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and relate~ matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered td settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower' s rights (other thafthe right to any refund of unearned premi'ums paid by Borrower) under all insurance policies covering the Property, insofar as such rights WYOMING - Single Family - Famde Mae/Fred die 3,!Iac UNIFORM INSTItUMi~NT Form 3051 1]01 BoctJiw'x'5 (Page 5 of 12 pages) 6 ? 9 .... are applicable to the coverage of the Property. Lender nrtay use the insuranceproceeds either to repair or restore the Property or to pay amounts unpaid under the. Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrm~'~ent and shall continue to occupy the Property as Borrower's principal resi donee for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condenmation proceeds are paid in connection with damage to, or the ~, taking of, the Property, Borrower shall be responsible for repairing or res[orin.g the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a' single payment or in a series of' progress payments as the work is completed. If the insurance or 'cgndemnation proceeds are not stafficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to s~.~ch aa interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in de~'ault if, during the Loan application process, Bon'ower or any 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) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. ..... 9. Protection of Lender's Interest in the Property and Rights Under this Security lnstrument.:If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy~ probate, for conderm~ation or forfeiture, for enforcement of a lien which may attain priority over this Secarity Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not lhnited to: (a) paying ar~y sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in'a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off.. '~ Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions m~thorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbu.rsement and shall be payable, with such interest, upon notice fromLender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borro,wer acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insur,'mce in effect. If, for any reason, the · Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to WYOMING - Single Family - li'armie 5'[ae/Frcddie 3,'[ac UNIFOll~%I INSTRUMENT Ii'otto 3051 1/01 DOCU1WY6 (Page 6 of 12 pages) DO c'o'~.l~z' $. ¥ 'z'K ~.'t / o4,/2ooo the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, fi'om an alternate mortgage insurer selected by Lender. If suhstantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amonnt 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 as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reservepayments if Mortgage Insurance coverage (in the amount m~d for the period that Lender requires) provided by an insurer selected hy Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Lender required Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with troy written agreement hetween Borrower and Lender providing for such t,ermination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pa), interes, t at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for 'certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurm~ce. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using an5, source of funds that the mortgage insurer may have available (which ina), include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other ehtity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange lo,baring or modifying the mortgage insurer's risk, or reducing losses. Ii' such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." l:klrther: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe far Mortgage Insurance, and they will not entitle Borrower to any rebind. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Ilomeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of'the Mortgage Insurance, to have the Mortgage Insurance ternfinated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall he paid to Lender. If the Property is damaged, such Miscellaneous Proceeds 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. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lend.er's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration, in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earni'ngs on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Sect~rity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. WYOMING - Single Family - l?am~,ie 3,'lae/Freddie ~lae UNIFORI~'i INSTRUMENT iForm 3051 1/01 DOCUIWY7 (Page 7 oil2 pages) vocm.~rt? .v?z x~./o~/aooo 681 o In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss m value, unless Borrower arid Lender otherwise agree in writing, the sums secured by this Se~urityInstrument shall'be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property inzmediately before the partial taking, destruction, or loss in value is less thm~ the amount of the stuns secured immediately before the partial, taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Mi. scellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized tO ,collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secufed by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender' s judgment, could result in forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate asprovided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property o:r rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or .repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors 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 secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from flfird persons, entities or Successors in Interest of Borrower or in amounts less .than the amount then due, sliall not be a waiver of or preclude the exercise of auy right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bouml. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. . Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrmnent in writing, and is approved by Lender, shall obtain all of Bon'ower's rights qnd benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations 'and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. ' 14. Loan Charges. Lender may charge Borrower fees for s~ervices performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any WYOMING - Single Family - Ihm~ie Mae/Fred die Mac UNIFORM INSTRUMENT 'Form 30Sl 1/01 I)OCU1WY8 (Page 8 of 12 pages) I~OCIJ:1,'~/8. ¥?X other fees, the absence of express authority in this Security Instrument to ch~ge a specific fee to Borrower shall not be constl~ed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law whidx sets maximumloan charges, and that law is finally interp:reted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed tim permitted limits, then: (a) any such lom~ charge shall be reduced~y the amount necess~y to reduce the charge to the pm:mitred limit; and (b) any sums already collected from Bo=ower which exceeded permitted limits will be refunded to Bo~ower. Lender may chsose to make this refund by reducing the principal owed uuder the Note or by making a direct payment to Borrower. It' a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment ch~ge (whether or not a prepayment charge is provided for xmder the Note). Borrower's accept~ce of ~y such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security h~strument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be demmd to have been given to Bo~ower when mailed by first class mtfil or when actuall'y delivered to Bo~ower's noti ce address ifsent by other means. Notice to any one Borrower shall constitute notice to all Bo~owers unless A~plicable Law expressly requires otherwise. The notice address shall be the .Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notif~ Lender of Borrower's chm~ge of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bo~ower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated here~n unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not, be deemed t~ave been given to Lender 'until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisI~ the c~esponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Ins~ment shall be governed by federal law and the law of the jurisdiction in which the 'Propegy is located. All rights ~.d obligations contained in this Security Instrument are subject to any requirements ~d limitations of Applicable Law. Applicable Law might expl/dfly or implicitly allow the p~ties to agree by contract or it n~ght be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Secud. ty Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include con'esponding neuter words or words of the feminine gender; (b) words in the singular shah mean m~d include the plural and vice 'versa; ~d (c) fl~e word "may" gives sole discretion without any obligation to take ~y action. 17. BorroweWs Copy. Bo=ower shall be given one copy of the Note m~d of this Security Instrument. 18. Transtkr of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficia[ interest in the Property, including, but not li~ted to, those benefici~ interests trm~sferred in a bond for deed, contract for deed, ~nstallment sales contract or escrow agreement, the intent of which is the transfer of title by Bon'ower at a future date to a purchaser. If all or m~y p~t of the Property or any Interest in theProperty is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Bo~ower is sold or transferred) without Lender's prior written consent, Lender may require immediate pay~nt in fMll of all sums sera,red by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Bon'ower notice of acceleration. The notice ~hall provide a period of not less th~ 30 days fi'om the date the notice is given in accord~ce with Section 15 within which Bo~o~ver must pay all sun~ sec~ed by this. Security Instrument. If Bo=ower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies per~tted by this Security Instrument wit'hout further notice or'dem~d on Bo=ower. 19. Borrower's Right to Reinstate After Acceleration. If Bo~ower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at mxy time prior to the earliest of WYOMING - Single Fanfily - Fmmie MadFre,hlie Mac UNIFORM INSTRUMENT Fonn 3051 1/01 DOCU1WY9 (Page 9 of 12 pages) .$83 (a) five days before sale.of the Property pursuant to any power of s~e contained in this Security Instrument; (b) ~' such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all stuns which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rigt~ts under this Security Instrument; and (d) takes such action as Leuder may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums sec~.u:ed by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the :following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided mxy such check is drawn upon an :institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations seem'ed hereby shall remain fl~lly effective asif " no acceleration had occun'ed. However, this right to reinstate shall not apply in the case of acceleration ~nder Section 18. '~' 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due nnder the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this ..... Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer'tlnrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which paymenta~hould be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Bon-ower will remain witlfthe Loan Servicer or be transferred to a successor Loan Servicer and are .~.., not assumed by the Note purchaser unless otherWise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursmmt to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, 'until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law andthe following substances: gasoline, kerosene, other flankrnable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) m~ "Environmental Condition" memos a condition that can cause, contribute to, or otherwise trigger an Environmental Cleannp. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Subst~,nces, or threaten to release any Hazardous Substances, on or in theProperty. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environrnental Condition, or (c) xvhich, due to the presence, use, or release of a Hazardous Substance,' creates a condition that adversely affects the value of the Property. The,preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally WYOMING - Single Family - Famde M:~eJFreddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Docu1WY10 (Page lO of J2 pages) recognized to be appropriate to normal residential 'uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by tl:e presence, 'use or release of a Hazardous Substance which adversely affects the value of the Property. If'Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmen. tal Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenmit and agree as follows: 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 (hut not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: '(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default ~nust be cured; and (d) that failure to cm-e the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrnment and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleratiou 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 sale. 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 ct' 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 provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of tire evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the 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 sale, and the Property shall be sohl in the 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 hallowing order: (a) to all expenses of the sale, including, but not limited to, 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 payment of all sm:ns secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the lee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. WYOMING - Single Fanfily -Famde ~'lae/Freddie Mac UNIFORM INSTRUMENT Form 30S1 1/01. DOCUI. WY11 {'Page 1J c¥ 12 pages) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrm'nent and in any Rider executed by Borrower trod recorded with it. .iSeal) Borrower (Seal) Borrower A~DREW - CHARLE S P'rLS Borro~ver Jlg~lNI FE R £,~YNNE ~P ILS ~Borrower .(Seal) .(Seal) ~. r'::', ; Borrower BorrovCer [Space Below This Line For Acknowledgment] STATE OF ~/'oMII',IO COUNTY OF The foregoing instrument was acknowledged bel~ore me by ANDREW CHARLES LY~ PILS this 14TH day Of DECEMBER, 2001 / My Comn~ssionExpires: February 2, 2002 WYOMING - Single Family - Fmmie MaeYFreddie Mac L~'NIFORM INSTRUMENT Fonn 3051 1/01 DOCU1WYI2 (Page 12 of 12 pagex) Docu~w~c .wx MORTGAGE ADDENDUM The following is an Addendum to the Mortgage. The addendum shall be incorporated into, and recorded with, the Mortgage. This Tax-Exempt Financing Rider is incorporated into and shall be deemed to amend the terms of thc Mortgage to which it is attached. In addition to thc covenants and agreements made in the security instrument, Borrower andLender further covenant and agree as fonows: Lender, or such of its successors or assigns as may, by separate instrument, assume responsibility for assuring compliance by thc Borrower with thc provisions of this Tax Exempt Financing Rider, may require 'immediate payment in full of all sums secured by this Security Instrument if: ti) Ail of pal't of the Property sold or otherwise transferred (other thtm by devise, descent or operation of law) by~ Borrower to a purchaser or other transferee: i} Who cannot reasonably be expected to occupy the property as a principal resident within a reasonable time after the sale or transfer, all as provided in Section 143(c) and {1) (2) of the Internal Revenue Code; or iiI Who has had a present ownership interest in a principal residence during any part of the three year period ending on the date of the sale or transfer, all as provided in Section 143[dl and {1) (2) of the Internal Revenue Code; or iii) . At an acquisition cost which is greater than 90 percent of the average area purchase price (greater than 110 percent for targeted area residences), all as provided in Section 143(el ~ and (i} {2) of the Internal Revenue Code; or iv) Whose family income exceeds applicable 'Income limits as provided in Section 143(0 and (il (21 of the Internal Revenue Code. b) Borrower fails to occupy the property described in the Security Instrument without prior written consent of the lender or its successors or assigns described at the beginning of this Tax Exempt Financing Rider, or c) Borrower omits or misrepresents a fact that ia material with respect to the provisions of Section 143 of the internal Revenue Code in an ·application for the loan secured by this Security Instrument. References are to the Internal Revenue Code as amended, in effect on the date of execution of the Security Instrument and are deemed to include the implementing regulations. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions in this Tax-Exempt Financing Rider. Borrower B rrowd MPP 210-B (Revised 12/95)