HomeMy WebLinkAbout891001Re[urnTo:
WELLS FARGO HOME MORTGAGE, INC.
3601 I(INNESOTA DR. SUITE 200
BLOOMINGTON, lq2t 55435
Pr~ed By:
WELLS FARGO HOt4::E MORTGAGE, INC.
RECEIVED
:LINOOLH COUNTY CLERK
BOOI~.,4 PRPAGE 7 0 2
1919 DOUGLAS,, OMA.HA, ~
681010000
[$p;~ccAbove~hi~LhleForRecordingData]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words ,%re dcEned in
Sections 3, 11, 13, l 8, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated JUNE 16, 2 0 03 ,
together wid~ ,%ll Riders to this docmnent.
(B) "Borrower" is ROBERT 1{. SWEENEy AI'TD COI'ISTANCE w,. SWEEI'DEY, HUSBAI'rD AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "l,endcr" is I~LLS FARGO HOME }{ORTGAGE, INC.
Lender is a CORPORATION
organized and existiog u ~der th,'- haws of TEE STATE OF CALIFORi'IIA
0025935859
W~fOMiNG.Single Family-Fannie MaelF~addte Mac UNIFORM INSTRUMENT
Page 10I 1a` I~[ml~-~
VM; IVIORTGI~.G£ F0RrM$'' (BOOl
Form 3051 1/O1
iici 0[:8[ 1,tOl,,l ~Ouc--'gt-l,lflf'
703
Lcndcr's address is P.O. BOX 10304, DES MOINES, IA 503060304
Lender is the mortgagee under fids Security Instrument.
(D) "Note" means the promissory note signed by Borrower ~md datcdo--u-mg 16, 2003
The Note states thal Borrower owes Lender sgvz~rrY lr'rv'g T~OUS~u',r~ 'r~REZ It'LrN~RI~D TWENTY
Dollars
AZCD 00/100
(U.S. $ '~*'*'75,320- 00 ) plus intcresL Borrower has promised to pay Lhis debt in regular Periodic
Payments and to pay the debt in full not later than o-trr.¥ Ol, 2018
(E) "Property" means thc property that is described below under the heading "Tran.~fcr of Rights in the
Properly."
{F) "Loan" means the debt ~widenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sun~ due under this Security I. nstmment, plus interest.
(G) "Riders" means all Riders to this Security lastrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicahlcl:
[_-]. Adjustable Rate Rider ['--] Condominium Rider ~_.'~'] Second Home Rider
[] Balloon Rider ~ Pl~ned Unit Development Rider ~ 1-4 F~unily Rider
~ VA Rider ~ Biweekly Payment Rider Other(s) [specify]
tH) "Applicable Law" means M1 controlling applicable federal, state ~d local statutes, regulations,
ordinmccs and administrative rules and orders (that have the effect of law) as well as all applicable final,
non.appealable judicial opinions.
(I) "Community Association Dues, Fee.% and Assessments" means all dues, fee,, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transl'cr" means any transfer of l'unds, other tl~an a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, in,truce, or authorize a financial iastitutiOn to debit
or credit an account. Such term includes, but is not limited to, point-of-sfle transfers, automated miler
machine transactions, transfers initiated by telephone, wire transfers, and m~lomated clearinghouse
transfers.
{K) "Escrow Items" means these items that are described in Section 3.
(L) "Miscellaneous I'rocccds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: ti)
dm'naRc to, or destruction of, the Property; (ii) condcrm~ation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and!or condition of the Properly.
tM) "Mortgage Insurance" meres insuragce protecting bznder against the nonpayment of, or default on,
thc L~an,
(N) "periodic Payment" means the regularly scheduled mnount due for (0 Principal and interest under the
Note, plus (ii) any amounts under Scction 3 of this Sccurity Ins.trumcm.
~O) "RESPA" means thc Real Estate Scttlemcnt Proccdures Act (12 U.S.C. Section 2601 et seq.) and its
implementing rcgul~tion~ Regulatioa X (24 C.p.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the sarnc subject matter, As used
in this Security Instrument, "RESPA" refers to all requirements anti restrictions that are impo~xl in regard
to a "federally related mortgage loan7 even if thc Loan does not qualify as a "fcdervlly related mortgage
loan" under RESPA.
Form 3051 1101
'~4 'ON X~_4, eld Ot
i][ NOvl euo-6-g[-Nnl'
(Iq "Successor in Interest of Borrower" me,ms any party that has taken title Id thc Property, whether or
not th.~t pray has assumed Borrower's obligations under thc Note and/or this Security Instrum~mt.
TtL~I'4SFER OF'RIGHTS IN THE PROPERTY
Thi~ Security Instrument ~ecures to Lender: (i) the repayment of the Loan, and all renew~lx, extensions and
modifications o[' the Note; and (ii) the petl'om~ance of Borrower's covenants anti agreements under this
Security Instrument and the Note. l:or this pm'pose, Borrower does hereby mortgage, granl ~nd convey to
Lender ~md Lender's successors and assigns, with power of s~]c, the following described property located
in the country of LINC0~,N :
[T'yp~ Of ~.¢~:ofd{n~, ]uri~d[cdonl [H.',mc of Rccordil~8 Jurk;d c6on]
LOT 2 OF BLOCK 3 OF TI-IE LINCOLN I{I~IGI"IT$ 5TK ADDITIOiN', FIRST FII.,I'NO, TO
TI{E CITY OF KEM/.fERER, LINCOLIq' COUiNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL pLAT TM. EREOF.
TAX !gTATEI'4~--.NTS $1{OU'LD BE SENT TO: WELLS FARGO HOME MORTGAGB, INC., P .O.
BOX 10304, DES MOIlq'ES, IA 503060304
which currently has the address of
Par~cl ID Number: [strcctl
1904 DEL RIO DRI'VF-, [Cit:tl , Wyoming 83:103. IZipCode]
("Property Address"):
TOGETHER WITH ali the improvements now or h~'.reafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of thc property. All replacements and
additions .~hall also be covered by this Security Instrument. All of the foregoing is rd%fred to in this
Security Instrument as the "Property."
BORROWER. COVENANTS that Borrowcr is lawfully seised of thc estate hereby conveyed and h~
the right to mortgage, gr,'mt and convey thc Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants ~d will defend gcncrally thc title Io the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national usu and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIPORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment ol' Principal, Interest, Escrow Items, Prepayment Charges, and Late Charge;.
Borrower ~hall pay when due the principal of, and interest on, thc debt evidenced by the Note and any
prepayment charges ,'md late charges due under the Note. Borrower .,ball also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument ~hall be made in U.S.
currency. Howew:r, if any check or other instrument received by Lender as p~~ Note or this
1~1~015: ~
Form 3051 1/01
(~-6 (WY)(ooo~l
',4 'Obl
!::!:ii?i::: ;: kid 0
705
Security Instrument is returned to Leander unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made itt one or more of the following forms,, as
selected by ImP. der: (a) cash; (b) money order; (c) certified check, bank check, trea~rcr's check or
cashier'~ check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Fund~ Transfer.
Paymenta are deemed rotc/veal by kender when received at the location designated in the Note or at
such other location as may be designated by Lender in t~ecordance with the notice provisions in Section 15,
Lender rm~y return any paym. cm or partial payment if the payment or partitd payments arc 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 prQudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply ,ach payments at thc time ~uch payments are
accepted. If each Periodic Payment is applied as of its schcduled due d,~tc, then lxnder need not pay
interest on Unapplied funds. Lender may hold such um~pplied funds until Borrower makes payment to bring
the Loan current. If Borrower docs not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower, l[ not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to forcclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
thc Note and this Security Instrument or p'erfomting the covenants and agreements secured by this Security
Instrument.
2. Applicatiun of Payments or Proceeds, Except as otherwise described in this Section 2, all
payments accepted and applied by L~nder ,hall be applied in the following order of priority: (al imerest
due under the Note; (b) principal due under the Note; (c) mnounts due under Section 3. Such paymotts
shall be applied to each Periodic P~yment in the order in which it became duc. Any rcmaining ,'m~ounts
shall be applied first to late charges, second to any other mnounts due under this Security Instrument,
thcm 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 ~y late charge duc, the payment may be ~pplied to the delinquent payment and
the late charge. 1/' more than one Periodic Payment is outstanding, Lender may apply any payment received
[rom Borrower to the repayment of the Periodic P~,yments if, and to the extent that. c~tch payment can bc
paid in full. To the extent that any exc. css exists after the payment i's applied to the full payment of one or
more Periodic Payments, such excess may bc applied to any late charges due. Volumary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to prirtcipal duc under
the Note shall not extend or postpone the duc date, or ch~ge the ,'unount, of the Periodic Payments.
3. Funds [or Escrow Items. Borrower shall pay to Lender oa the day Periodic Payments are due
under thc Note, until the Note is paid in ftdl. a sma (the "l:unds") 1o provide for paymc'nt of amounts due
for: (al taxes and ?..,;sessmcnts anti other items which can attain priority over this Security Instrument ~ a
lien or encumbrance on the Property; (b) leasehold payment~ or ground rents on the Prnperty, il' any: (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, er any snms payable by Borrower to l_znder in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. Those ilems are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Cmnmunity
Association Dues, Fees, and Assessments, il' any, be escrowed by Borrower, and such dues, fees and
assessments shall be ,'tn Escrow Item. Borrower shall promptly furnish to Lender ali notices of amounts to
be paid under this 5~tiou. Borrower shall pay Lender the Funds for Escrow Items unless Lender wai'~es
Borrower's obligation to pay the Punds for ~y or al Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for ay or all Escrow Items at any time. Any tach waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when ,'md where payable, the amounts
Form 3051 1/01
'706
due for m~y Escrow lt~.vrrs for whiclx payment of Funds h~s been waived by L~ndcr ~d, if Lender requires,
sl~fll furnish to ~nder receipts evidencing such payment within such time period as ~nder may require.
Bo~ower'~ obligation to m;~ke such paymems and to provide receipts ~hall for fll pu~oses be de,ed to
be a covenm~t and agre~cnl contained in thls Security Inm~umcnt, gs thc phrase "covenant and agreement"
is used in Section 9. If Borrower i~ obligated to pay Escrow Items directly, pursuant to a waiver, ~nd
Bo~ower f~il~ to p~y ~e mnount due Iht m~ E~crow It~, Lender may exercise i~s rights under Section 9
~d pay ~uch ~oant ~d Borrower shall then be obligated under Section 9 to ~epay to Lender m~y such
~mount. Lender may revoke the waiver as ~o any or all Escrow l~c~m ~I ~ny time by a notice given
accordance with Section 15 ~d, upon such revocation, Borrower shall pay to Lender all Funds, and in
~uch' ~ounts, ~at are then required under th~ Section 3.
~nder may, al amy dine, collect ~nd hold Funds in an ~ount (a) sufficient to permit ~ndet to apply
thc Punds at ~e time specified under RESPA, ~d (b) not to exceed thc maximum amoum a lender can
require und~ RESPA. Lender shall e~timate ~he ~ount of ~nds due on thc b~is of current
reportable estimat~ of ~penditur~s of ~tutc E~crow hems or othe~'isc in accord~ce wJ~h Applicable
Law'~e ~unds shill be held in m~ in~ti~mion whose &posits ;~rc ~nsured by a federfl agency,
instrumentalitY, or emity 0ncludh~g Lender, if Lc~der i~ ;m institution who~e &~osits ~rc so insured) or
~y ~ederal I.Iomc ~ B~k. L~dcr sl~ll apply the Funds ~o pay the Escrow Ilem~ no later ~h~ fl~e time
specified under RESPA. Lender sh~l not charge Borrower for holding ~d applying ~hc Funds, ~nuflly
~flyzi~g the e~crow account, or vcrifyh~g the Escrow Items. unless Lender pays Borrower interest on
Fund~ ~d Applicable Law pc~its L~nflcr to m~ke such a ch~ge. Unless an agr~mcnt is made in writing
or Applicable Law requires interest to be paid on ~he Funds. lmnder shall not be wquired to pay Bo~ower
any interest or e~ings on the ~nd~. Borrower ~d ~nder c~n agree in writing, however, that inlercst-
s~qll be paid on ~e Funds. Lender shall gNe to Borrower, without ch~ge, an m~nuM accouming of ~he
Funds a~ required by RESPA.
If there is a su~lus of Funds held in escrow, as defined under RESPA, ~ndc~ fl~all ac~unt to
Borrower for fl~e excess funds in accordm~ce wifl~ RESPA. If there i~ a ~honage of Fund~ head in e~crow,
~s defined under RESPA, Lender shall notify Bo~ower as required by RESPA, ~d Borrower shall pay to
Lender Ibc mnount necessary to ~k.c up the shomage in ~ccord~ce wilh RESPA, but in no more lhan 12
momhly payments. If there i~ a deficiency of Funds held in escrow, as defi~ed under RES?A, Ixndcr ~h~ll
notify Borrower as required t)y RESPA, ~d Borrower sl~l pay to ~nder the ;unount necessm~ to m~e
up thc deficiency in nccordm~ce with RESPA, but in no mote ~l~m~ 12 monthly payments.
Upon payment in ~11 of all ~u~ secured by this Security Instrument, L~dcr shall promptly refund
to Borrower any Funds held by Lender.
4. Charge; Liens. Borrower shall pay ~1 taxe~, ~ssessmcnts, ch~rgc~, fines, ~d impositions
attributable to ~e Propemy which can att~n priority over ~is Sccurily Instrument, le~ehold paymems or
ground rents on the Property, if ~y, ~d C.o~unRy A~sodation Dues, Fee~, ~nd Assessments, if any. To
the extent ~at ~ese ite~ ~ Escrow ltcms, Borrower ~hall pay ~em in thc mmmer provided in Section 3.
Bo~owe~ shall promptly di~ch~ge ~ny lien which has priority over tiffs Security Instrument unless
Bo~ower: (a) agrees in writing to the payment of the obligation ~ured by thc lien in a ~er acceptable
to Leader, but only so long z~ Borrower i~ pcrforn~ng such ~greeme~t; (b) comc~s the lien in good faith
by, or defends aghast enforcement of thc lien in, lcgM procceding~ which in ~nder's opiniom operate
prevent the enforcement of the lien while those proceedings a~e pending, but only until such proceedings
are concluded; or (c) secures from the holder of th~ lien ~ agreemem satisfactory to Lender subordinating
the lien to ~[s Se~rity Inst~ment. If ~nder dctcr~ne~ that any part of the P~'o~ny is ~bjcct Io a lien
which can attain priority over this Security lnst~n~t, ~nder may give Bonowcr a notice identifying the
(~6(WY)
p,~9,~ S of 15
Form
1/01
',4 "' 'Olq Xg=l 14d 11: ~ [
1'1014 gO0~-9 I-lq£1f'
707
lien. Within 10 days of the date. on which that notice is g~v~n;_Borrower shall sat!lfy.}ll~ !!ch or take one
more of the actions set forth above in this Section 4.
I.,cnder may require Borrower to pay a one-time Charge for a real cState tax verification and/or
reporting service used by Lender in connection with Ihis Loan.
5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on
the Property in,urcd against loss by fire, hazards included within the term "extended coverage," and ~y
olhcr hazards including, but not limited to, earthquakes and floods, for which Lender requires h~surance.
This inmrance shall be maintained in the mnounts (including deductible levels) and for the periods that
Lender requires, What Lender requires pursuant to thc preceding sentences c,'m change during the term of
the Loan. The insurance carrier providing the insurance ~hall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice; which right shall not be exercised unreasonably. Lender
require Borrower to pay, in connection with this Lo~m, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent ch~gcs each time rem:tppings or similar changes occur which
reason,bly might affect such d'etcnrdnation or certil~cation. Borrower sh,'dl also be r~:sponsible for the
payment of any fees imposed by thc Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objcction by Borrower.
If Borrower fails to maintain any of the coverages described above, Lc'oder may obtain imurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligalion 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 xrdght provide greater or lesser coverage than was previously in el'fccc Borrower
acknowledges that the cost of the insnrancc coverage so obtained might signific,'mtly exceed the cost
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borruwer secured by this Security Instrument. These amounts shall bear interc, st
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 insur,nce policies required by Lender and renewals of such policies shall bc subject to Lender's
right to disapprove such policies, ~hall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have thc right to hold the policies and renewal
certificateS. If Lender requires, Borrower shall promptly give to Lender ~1 receipts of paid premiums
renewal, notices. If Borrower obtains any form of insurance cover:~gc, not otherwise required by Lender,
for damage to, or destruction of, thc 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, Burrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof' of Ios~ if not made promptly by Borrov,'cr. Unless Lender .-md 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 economically feasible and
I.,cnder's security is not lessened. During such repair m~d restoration period, Lender ~hall l~ave the right to
hold such insurance proceeds until Lender has had an opportunity to in~cct 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 aeries
of progress payments ns the work is completed. Unless ;tn agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, relined by
Borrower shall not be paid out of thc insur:mce proceeds and shall bc the sole obligation of Borrower, If
the restoration er repair is not economically feasible or Lender's ~ccurity would be lessened, the insurance
proceeds shall be applied to the sums secured by this Secmrity Instrument, whether or not then due, with
(~¥6{WY) (00051 ~'~_0o ~ o~ ~s Form 3051 1/01
',4 'ON XU:t "- [id [1'8[ 1,10 4
708.
the ~:.xcess, if any, paid to .Borrower. Such Smut,thee proceeds .shall be applied in the order provided for in
Section 2.
If Borrower abandons the PropeiXy, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that th~
insurance carder has oftkrcd to settle a claim, then Lender may negotiate mid settle the claim. '£he 30-day
period will begin when thc notice is Bix'eh. In tither evt:nt, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance
proceeds in an amount not to excced the amounts unpaid under thc Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned prclnium~ paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance procceds either to repair or rcstm'e thc Property or
to pay amounts unpaid under thc Note or this Stx:urity Instrument, whether or not then duc.
6. Occupancy, Borrower shall occupy, establish, ;md use the Property aa Borrower's principal
residence within 60 days after thc execution of this Security Instrurnevt and shall continue to occupy the
Property aa Borrower's principal residence for at least one ),car after the date of occupancy, unless Lender
otherwisc agree~ in writiug, which consent shall not bc unreasonably withheld, or unless.extenuating
Circumst,'mces exist which are beyond Borrower's control.
7. l'r~ervation, Maintenance and Protection of thc Property; Inspections, Borrower shall not
destroy, damage or impair the Property, allow the Propeay to det~iorate or conmait waste on the
Property. Whether or not Borrower is residing in thc Property, Borrower ~hall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due ~o its condition. Unless it is
determined pursu,'mt ~o Section 5 that repair or restoration is not economic.ally feasible, Borrower shall
promptly repair the Property if damagcd to avoid further deterioration or danube, if insurance or
condcrm~ation proceeds ae paid in connection with da'm-igc to, or the taking of, thc Property, Borrower
shall be responsible for repairing or restoring thc Property only if L~:ndcr has released proceeds for such
purposes. Lender may disburse proceeds for the repairs ~md restoration in a single payment or ia a series of
progreus payments as thc work is cornplcted. If the ir~sur,'mce or cond~m'mation proceeds are not sufficient
to repair or restore the Property. Borrower is not relieved of Borrower'a obligation for the completion of
such r~air or restoration.
Lender or its agent may make reasonable entries upon arid inspections of the Properly. If it has
reasonable cause, Lender may inspect the interior or' the improvements on thc Property. Lender shall give
Borrowur notice at the time of or prior to such an interior inspection specifying .~uclt reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during thc Loan application
procea~, Borrower or any PerSons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially faBc, mBleading, or. inaccurate information or statements tO Lender
(or failed to provide Lender with material infom~ation) in connection with the Loan. Material
represcntations include, but arc not limited to, representations concerning Borrower's occupancy of the
Property as Borrower'* principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perf°nn the covenants ,'md agreements contained in this Security Instrmnent, (b) there
is a legal proceedigg that might significantly affect /end~'s interest in thc Property and/or right~ under
this Security Instrument (such as a proceeding in bankruptcy, probate, for cond~.xrmation or forfeiture, for
enforcement of a li~ which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower ha~ abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in thc PropmY a~d rights under this Security
Instrument, including protecting and/or assessing thc value Of the Property, and securing and/or
the Property. Lender's actions can include, but arc not limited to: (a) paying any sums Secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
(~-6tWYJ 100051 P"~" ? 0~' ~6 Form 3051 1/01
attorneys' fees to protect its i~terest in the Property and/or riahts under this Security hmrument, including
its securt, d position in a banlcruptcy proceeding. Securing [he Property include~, but is not limited to,
entering the Property to make repairs, ch,'mge locks, replace or boat'd up al,ors 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 t~e 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 authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
securvd by this Security Instrument. 'These amounts shall be~ interest at thc Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If lhis Security Instrument is on a leasehold, Borrower sh,ql cmnply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fcc title shall not merge unless
Lender agrt:cs to the merger in writing.
10. iVlortgage Insurance. If Lender required Mortgage hindrance as a condition of making the Loan,
Borrower shall pay the prenfiums required to maintain thc Mortgage Insurance in effect. If, for any rcason,
the lVlortgage Insurance coverage required by Lender ceases to be avail;tble from thc mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated paymcnts
toward the premiums for Mortgage Insurance, Borrower shall pay thc premiurns required, to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower el' the Mortgage Insurmrce previously in effect, from an alternate
mortgage iusurer selected by Lender. l.f substantially equivalent Mortgage Insurance coverage i~ ~fot
available, Borrower shall continue to pay to Lender the amount of thc separately designated payments that
were due when thc insurance coverage ceased to bc in effcx:t. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurm~ce. Such loss reserve shall be
non-refund;~ble, notwithsh'mding the fact that the Loan is ultimately paid in full, and Lender shall not bc
required to pay Borrower ~ny interest or earnings on such leas rcser-,'e. Lender can no longer require loss
reserve payments if Mortgage Ins'urancc coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurmtce. If Lender required Mortgage
In,~uranc. e as a condition of making the Loan and Borrower was required to make scpm'ately designated
payments toward thc premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurtmcc in effect, or to provide a non-rcfuudablc loss reserve, until Lender's
requirement for Mortgage Insur.ance ends in accordance with any written agreement between Borrower :md
Lender providing for such ternaination or until tcrminatkm is required by Applicable Law. Nothing in this
Section 10 affccts Borrower's obligation to pi~y interest at the rate provided in the Narc.
Mortgage Insurance reimburses Lender (or any entity that purchases fl~e Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to thc Mortgage
Insurm~ce.
Mortgage insurers cvaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that shaze or modif,/ 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 any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of thc Note, another insurer, any r6nsurer,
a_ny other entity, or any ai'filiate of any of the foregoing, may receive (directly or indirectly) amounts tl~at
derive from (or might be char.~cterized as) a portion of Borrower's payments for Mortgage ln,urmme, in
exch,'mge for sharing or modifying the mortgage insurer's risk. or reducing losses. If such agreement
provides that an affiliate ,f Lender t,~es a share of the insurer's risk in exchange for a sh,'u'e et' the
premiums paid to the insurer, thc ~rrangement is often termed "captive reinsurancc." Further:
(a)' Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage lnsur'-mce, or any other terms of the Loan, Such agreements will not increase the amount
Borrower will owe for lVlortgage Insurance, and they will not entitle Borrower to any refund.
(~-6{WY} tooo~ l',~o~ ti et ~s Fm'm 3051 1/01
Ig 'el ....... '01'I 7,1J-J
.JUt.l-18-?flfl3 tlOt. l 02' 31 Plq
['
F, U1/UU
710
(b) Any .such agreements Yd]l not affect the rights Borrower has - il' any - with respect lo thc
Mortgage Iusurancc under thc Homeowners Proration Act of 1998 or any other law. Th,~e rights
may include the right to receive certain disclosures, to request and obtain cancellation or thc
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive n
refund o1' any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
il. As.qignment of Mi.~.cellancou~ Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If thc Property is d,'maagcd, such Miscellaneous Proceeds shall be applied to restoration or r~air of
the Property, if the restoration or repair is economically feasible ,'md b2nder's security is not lessened.
During such repair and resloration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to cnsx~re thc work has been completed to
Lender's satisfaction, provided that ~uch inspection shall be undertaken promptly. Lender may pay for tile
repairs and restoration in a single disbursement or in a serics of progress payments as the work is
completed. Unless ~ agreement is made in writing or Applicable Law requires inlere.~t to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds, If the rcst0ration or repair is not economically feasible or Lender's security would
be lessened, the Misceilancous Proceeds shall be applied to the sums ~ccured by this Security Instrument,
whether or not then due. with the excess, if any, paid to Borrower. Such Miscellaneous Procc'cxls shall be
applied in the order provided for in Section 2.
In thc event of a total taking, de,traction, or loss in value of the Property, thc lvliscelLaneous
Proceeds shall be applied lo Ibc sunu ~ecurcd by this Security Instrument. whether or not then duc, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of thc Property in which the fair market
Yalue of the Property inu'nediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums sc'cured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unles.~ Borrower and Lender otherwise ~grcc in writing, the sums
Secured by this Security Instrument shMl be reduced by the ,'unount of the MiScellm~eous 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 tnarket value of tile Property in~nediatcly
before the partial taking, destruction, or loss in value, Any balance shall bc paid to Borrower.
In the event of a partia'l taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediatdy before the partial taking, destruction, or lo~s in value is less thm~ the
t~m~, destruction, or loss in value, unleus
amount of the surm secured immediately before the partial '"
Borrower ,-md Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to thc Sutm
secured by this Security Instrument whether or not the sums are then due. the
If the Property is abmdoncd by Borrower, or if, after notice by Lender to Borrower that
Opposing Party (as defined in file m;xt sentence) offers to rn~e 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 re'pair of the Property or to the
:runs secured by this Security Instrument, whether or not then due. "Opposing P,'u'ty' means the third party
that owes Borrower Nlisccllaneous 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 crimi;lal, is begun that, in
Lender's judgment, could result in forfcqture of the Property or other material impairment of Lender's
interest in thc Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
diamissc'd with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impainnem of Lender's interest in the Property or rights uirder 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.
r'~l]~t~ Form 3051 1101
~-6(WY) (ooOsl
:-
711
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization ol: the sums secured by this Security Instrument granted by Lender
to Borrower or ,'my Successor in Interest of Borrower shall not operale to release the liabilily of Borruwcr
or any Successors in Interest of Borrower. Lender shall not be required to cominence proceedings against
any Successor in Interest of Borrower or to refu.se to extend time for payment or otherwise modify
amortization of thc sums secured bY this Security lnstrumcnt by reason or' any dem~md made by the original
Borrower or any 5ucce. ssors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest o.f Borrower or in ,'unount~ less than the amount then due, ,hall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several LSability; Co-signers; Succ~sors and A.~signs Bound. Borrow~..r coven.'mts
and agrees that Borrower's obligations and liability shall be joint and ~cvcral. tlowever, any Borrower who
co-signs this Security Instrument but does not execute thc Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's intercst 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) ltgrces that Lender and any other Borrower can agree to extend, modify, forbear
make any accommodatwns with regard to the terms ot' this Securily Instrument or the Note without tho
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 Instrument in writing, and is approved by Lender, shall oblain
,'ql of Borrower's rights :md benefits under this Security Instrumcm. Borrower .shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. Thc covenants and agreements of this Security Instrument shall bind (e:xccpt as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for ~ervicc.q performed in connection With
Borrower's default, for the purpose of protecting Lender's in/crest in the Property and rights under this
Security Instalment, including, but not limited to, attorneys' fees, property inspection ~d valualion
In regard to any other fees, the absence of express authority in this Security lnstmmeut Io charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chargo
l'ecs that are exprcs.qy prohibited by this Security Instrument or by Applicable Law.
If thc Loan is subject to a law which sets maximum Io: n charges, and that law is finally inlerpretcd so
that ~he interest or other lo,'m charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge ,hall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to m,xke this refund by reducing thc principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, thc
reduction will be treated as a partial prepayment without any prepayment charge (whether or l~ot a
'prepayment charge is provided for under the Notc). Borrower's acccpta~ce of any such refund made by
direct payment to Borrower will constitute a waiver of tiny right of action Borrower might have arising out
or such overch~rgc.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by tirst class mail or when actu~ly delivered to Borrower's
notice address if scat by other means. Notice to any one Borrower shall constitute notice Io all Borrowers
unless Applicable Law expressly requires otherv,'ise. The notice address shall be the Property Address
mfless Borrower has designated a substitute ~otice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
cha~ge of address, then Borrower shall only report a change of addre.~s through that specified procedure.
There may bc 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 addres~
stated herein unless Lender has designated tmother address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable. Law requirement will satisfy thc corresponding requirement under this Security
Instrumc'nt. .
~-6(WYJ roOOSI ~'3~ ~o o115 ~ Form 3051 1/01
~N/2N
'~ 'OFf XtJ:I l, ld [ £' i]O hlO~ £00~.-9 [
71,."
16. Governing Law; Scvcrnbility; Rules of Construction- This Security Instrument sh,ql be
governed by federal law and thc law of the jurisdiction in which the Property is located. All fights and
obligations contained in this Security lnstrun~ent are subject to any requirements and limitations of
Applicable Law. Applicable Law might' explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conllicts with Applicable
Law, such conflict sixall not affect other provisions of this Security Instrument or tile Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mcan aid include
corresponding neuter words or words of the feminine gender; (b) words in the singular .shall mcan and
include thc plural and vice versa; and (c) tlle word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy, Borrower shall bc given one copy of the Note and of this Security InStrument.
18. Transfec of the Property or a iteneficial lntcrest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or benefici.q interest in the Property, including, but not limited
to, those beneficial intcrcsts transferred in a bond for deed, contract for deed, installment sales conlract or
escrow agreement, thc intent of which is the tran.~l'cr of title by Borrower at a future date to a purchaser,
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender'~ prior
written consent, Lender may require in~ediate payment in full of ail sums scoured 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 sh,ql give Borrower notice of acceleration, The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Sc'etlon 15
within which Borrower mu:;t pay all sums secured by this Sea, city Instrument. If Borrower fails to pay
these ~ums prior to thc expiration of this period, Lender may invoke any remedie.'~ permitted by this
Security Instrument without ftmhcr notice or detnand on Borrower.
19 Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrow)er shill have thc r~ght to have enforcement ol thts Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale o£ thc Property pursuant to any power of sale containcxl ~n
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 Lendcr all sums which then would be due under this Security
Instrument and the Note as if no acceleration' had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all 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 Lendc~r's interest in the Property and rights under this Security Instrument; and (.d)
takes such action as Lender may reasonably require to a~sure that Lender's inlercst in the Property and
rights under this Security Instrum~mt, md Borrower's obligation to pay the sums secured 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 any such check is drawn upon
mi institution whose deposits are insured by a federal agency, instrumc'ntality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligalions secured hereby
shall ren~xin fully effective as if no acceleration had occurred, However, this right to reinslate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicerl Notice of Grievance, 'l-he Note or a partial Lnterc~t in
the Note (together with this Security Instrument) can bc sold one or more times without prior notice to
Borrower. A sale might result in a change in thc entity (lalown as the 'Loan Servicer") that collects
Periodic Paymenu duc under the Note smd thin Security Instrum~-mt 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 thc Loan Servicer unrelated to a sale of the Note. I[ there is a change of the Loan
Servicer, Borrower wilt be given written notice of the change which will state the n,'mae and address of the
new Loan Servicer. the address to which payments should be made mid any other inl'omuttion RESPA
I~¥6[WY) IOOOSl ~agc ~ t,l ~S Form 3051 1101
flN/¢N
,~ 'ni,~ ~,4 lid E£:~O NO~1 ~00¢-9[
713
requires in connection with a notice of transfer of servicing. If the Note is sold ,'md thereafter the Loan is
se~iced by a Loan Servicer other th,an the purchaser of thc Note, the mortgage loan servicing obligations
to Borrower will remain with tile Loan Servicer or be transferred to a successor Loan Servicer m~d are not
assumed by the Note purchaser unless otherwise provided by the Mote purchaser.
Neither Borrower nor Lender may cormnenCe, 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 pursumat to this
Security Instrument or that alleges that thc 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 S~tion 15) of such alleged breach and afforded the
other party hereto a reasonable period after thc giving of such notice to take corrective action. If
Applicable Law provides atime period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes or' this paragraph. The notice of acceleration
opportunity to cure given to Borrower pursuant to 8cction 22 and the notice of acceleration givcm to
Borrower pursuant to Section 18 shall be deemed to satisfy thc notice and opportunity to take corrective
action provisions of this Section 20. ,,
21, llazardous Substances. As used in this Section 21: (a) "Hazardous Substances ~e those
sub.stanccs defined as toxic or hazardous subst~ccs, pollutants, or wastes by Environmental Law and thc
following substances: gasoline, kerosene, ofl~cr llanm~ablc or toxic petroleum products, toxic pesticides
and herbicides, ~.oladle solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) ~Environmcntal Law" mea~s federal laws and laws of the jurisdiction where thc Property is located that
relate to health, safety or environmental prolection; (c) "Environmental Cleanup" includes any response
action, remcdifl action, or removal action, as defined in Environmental Law; and (d) an "Envirorm'~ental
Condition" me~s a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or Permit thc presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten lo release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone clse to do, anything affecting the Property (a) that is in violation or any Environment',d
Law, (b) which creates an Environmental Condition, or (c) which, duc 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 prusence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized Io be appropriate to normal residential uses and
maintenance of the Property (including, but not limited to, hazardOUS substm~ces in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, dc-mand, lawsuit
or other action by any govcnu'nental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Envirom'nental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
reluase of any Hazardous Substance, and (c) ,'my condition caus~:d by th~: presence, use or release of a
H,v..ardous Substance which adversely affects.the value of the Property. If Borrower learns, or is notilied
by any governmental or regulatory authority, or any privatc party, that ,'my removal or other remediation
of any ltazardous Substance affecting {lie Property i~ necessary, Borrower shall promptly take all necessary
remedifl ~ctions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for ,-tn Environmental Cleanup.
Form 3051
1101
(~D~-6tWYI iooosJ
'ON XH~ Nd gl:gl NON Eoo&gI-NR?
MOM-UNIFORM COYENAMTS. Borrower and Lender forlher covenant and agree as tbllows.'
22. Acceleration; Remedies. Lender sh~ll give notice to Borrower prior to acceleration following
Borro~'er's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration un. der Section 18 unless Applicable Law provides otherwise). Thc 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 toBorrower, by which tile default must he cured; and (d) that failure to cure tile
default on or before the date specified in the notice may result in acceleration of the sums secured hy
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 conrt action to assert the non-exi~ence 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 ma)' 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 remediea per~aitted by Applicable Law. Lender shall be entitled to collect all
expenses incurred in pursuing the rcmedic~ provided in this Section '22, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If l.ender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower
and to the person in possession of the l"Toperty, il' different, in accordance with Applicable I.aw.
Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall
publish the notice of ~alc, and the Property shall Ire sold in the manner prescribed by Applicable
Law- Lender or its designee may purchaso tile Property at any sale. The proceeds of the sale shall be
applied in the following order: (a) to all expenscs of thc sale, including, but not limited to,
reasonable attorneys' fees; {b) to all sums secured by this Security Instrument; and (c) any excc~s to
the person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument. Lender ,~hall reicasc this
Security Instrument. Borrower sh~.ll pay any recordation costs, l.cnder may charge Borrower a fcc for
releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the
charging of thc fee is pernfittcd under Applicable Law.
24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead
exemption laws of Wyoming.
Form 30',51
1!01
',-t 'Ol'i Xt~l lid
'7!5
BY SIGNING BELOW. BOrrower acccpts and agrees to thc terms and ¢ovcnan{s contained in this
Security Instrument and in ~u~y Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
CONSTANCE E.
.__ (Seal)
-~t) yrowttr
(Seal)
-Borrower
-Borl'owcr
(Seal)
(Seal)
(Seal)
-BOI'I'O Wcl'
(Seal)
.Botts, wet
Form 3051 1/01
b? '4 'ON X~:i 14d ~.[:~1. NON ~u:ucL9i-NFI['
STATE OF WYOMING,
The foregoing instrument was acknowledged before ,ne
by ROBERT H. SW-EE1TEY AiN-D COIqSTA~ICE E. SWEENEY
716
County .~:
Notary Public
(~-6G{WY) Iooo ~,l
Form 3051
11ol
'01,I X~JJ
~o~ ~6uc:gt-~lm'