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HomeMy WebLinkAbout891717RcmrnT0: Attn: Post Production/Loan Delivery State Farm Bank, F.S.B. 7500 West Jefferson Blvd Fort Wayne, IN 46804 Prepared By: State Farm Bank, F.S.B. 7500 W. Jefferson Blvd Fort Wayne, IN 46804 RECEIVED L1NOOLN COUN-P( CLERK 03 JULI1 ?¢~ t:5B 'OOK 527p ^GE 302 [Space Above Tlds Line For Recordh,g Data] MORTGAGE 5007037 DEFINITIONS Words used in multiple sections of this document 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 Instrument" means this document, which is dated July 16th, together with all Riders to tiffs document. (B) "Borrower" is walter Cook, Sr., an un married man 2003 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is State Farm Bank, F.S.B. Lender is a Federal Savings Bank organized and existing under the laws of the United States 69400173 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (~®-6(WY) (ooos) ._~ Page 1 of 15 Initials: VMP MORTGAGE FORMS - (800)521-7291 Form 3051 1/O1 303 5007037 Lender's addressis One State Farm Plaza, Bloomington, IL 61710-0001 Lender is the mortgagee under tiffs Security Instrument. (D) "Note" lneans fire promissory note signed by Borrower and dated duly 16th, 2 003 The Note states that Borrower owes Lender ?orty Five Thousand and 00/100 Dollars (U.S. $ 4 5,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Angus t 1 s t, 2 018 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due m~der .the Note, and all stuns due under tlfis Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ~ Adjustable Rate Rider ~] Condominium Rider [~] Second Ho~ne Rider [-~ Balloon Rider ~'~ Planned Unit Development Rider ~ 1-4 Family Rider [~] VA Rider [-~ Biweekly Payment Rider ~ Other(s) [specify] (Fl) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances 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, Fees, and Assessments" means all dues, fees, assessments and other ch.arges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar Paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or lnagnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and autolnated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" ineans any compensation, settlelnent, award of da~nages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condenmatiou; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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 regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (~)~-6{WY) (ooo5) Page 2 of 15 Form 3051 1/01 5007037 (P) "Successor in Interest of Borrower" means any party that has taken title to file Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) tile pertbrmance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage; grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the Recorder of Lincoln County : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] The land referred to in this Commitment is described as follows: LOT 5 OF BLOCK 6 TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. LESS AND EXCEPT THE LAND CONTAINED IN PARAGRAPH 7 OF THE DECREE RECORDED NOVEMBER 14, 1984 IN BOOK 221PR ON PAGE 20 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS A_ND EXCEPT THE LAND CONTAINED IN QUIT CLAIM DEED RECORDED AUGUST 21, 1985 IN BOOK 229PR ON PAGE 753 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. Parcel ID Number: 12-2116-14-4-21-171.00 618 Cedar Kemmerer ("ProPerty Address"): which currently has the address of [Street] [Cityl , Wyoming 83101 [Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower 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 instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due file principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or fltis Initial?? I~)~-6(WY) Iooos) Pag~ 3 o; 15 Form 3051 1/01 305 5007037 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrmnent 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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may 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, but Lender 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 unapplied funds until Borrower makes payment 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 thmn to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower nfight have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covmmnts and agreements secured by tlfis Security Instrument. 2. Application of 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 then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment Milch 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 be applied first to any prepayment charges and then as 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. Funds 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 (die "Funds") to provide for paymem of alnounts due for: (a) taxes and assessments and other items which can attain priority over this 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 required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origi~mtion or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly funfish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts tI~)~-6(WY) (ooos) Page ~ of ~s Form 3051 1/01 0 91717 5007037 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in fllis Security Instrument, as the phrase ."covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender ~nay exercise its rights under Section 9 and pay such amount and Borrower shall fllen be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under.this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall esti~nate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Balfi:. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding a~d applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to ~nake such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. BOrrower and Lender can agree in writing, however, that interest shall be paid on the Fmlds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to nmke up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 xnonthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. ~ Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a nmnner acceptable to Lender, but only so long as Borrower is perfornfing such agreement; (b) contests file lien in good faith by, or defends against enforcement of file lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating file lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the l~6(WY) Iooom P.~. s of ~s ' ~ Form 3051 1/01 307 5007037 lien. Within 10 days of the date on which that notice is given, Borrower' shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender nmy require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in co~mection 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 periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender nmy require Borrower to pay, in connection with this Loan, 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 charges each time renmppings or sinfilar changes occur which reasonably nfight affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management 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 obtain insurance coverage, at Lender's option and Borrower's expense. Lender is 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 inthe Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously 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 mortgage clause, 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 receipB of paid premiums and renewal notices. If Borrower obtains any 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, Borrower 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 economically feasible and Lmder's security is ~mt 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 nmde 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 flfird parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econonfically 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 1nitial$~ (~t~-6(WY) 1ooo5) Page 6 of 15 Form 3051 1/01 308 5007037 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender xnay 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 than the right to any refund of unearned premiums 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 proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrmnent, 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 Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or re]less extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, danmge or impair the Property, allow the Property to deteriorate or connnit 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 danmge. 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 restoring 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 condemmtion proceeds are not sufficient 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 i~nprovements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave nmterially false, nfisleading, or inaccurate information or statements to Lender (or failed to provide Lender with nmterial information) in connection with the Loan. Material representations include, but are not limited to, representations concenfing 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 'Instrument. 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 condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security 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 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 InitialF//~ (~)-6(WY) 1ooo51 PatleTol' ~5 Form 3051 1/01 3O9 5007037 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position ill 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 authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by tiffs 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. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to file Property, the leasehold and the fee title shall not merge uxfless Lender agrees to the ~nerger 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 Insurance in effect. If, for any reason, file 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 prenfiunxs required to obtain coverage substantially equivalent to the Mortgage Imurance previously in effect, at a cost substantially equivalent to the cost to Borrower of tile Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments 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 reserve payments if Mortgage Insurance 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 Insurance. If Lender required Mortgage Insurance as a condition of nnaking 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 any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in file Note. Mortgage Insurance reimburses Lender (or any entity that purchases file Note) for certain losses it may incur if Borrower does not repay tile Loan as agreed. Borrower is not a party to the Mortgage Iusurflnce. 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 any source of funds that the mortgage insurer may have available (wltich may include funds obtained from Mortgage Insurance prenfiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or nfight be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of file insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (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 for Mortgage Insurance, and they will not entitle Borrower to any refund. Initial ~'~ (~)~-6(WY) Iooosl p~g~ ~ o~ ~s Form 3051 1/01 0 91717 " 310 5007037 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 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 terminated 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 be 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 Lender'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. Uniess 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 earnings on such Miscellaneous Proceeds. If the restoration or repair is not econonfically feasible or Lender's security would be lessened, 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. Such Miscellaneous Proceeds shall be applied in the order provided tbr 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 stuns secured by this Security Instrument, whether or not then due, with the excess, if any, 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 innnediately 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 in value, unless Borrower and Lender otherwise agree in writing, the stuns secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds nmltiplied 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 thir market value of the Property immediately before the partial taking, destruction, or loss in value is less than the anmunt of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums 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 secured 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 nmterial impairment of Lender's interest in the Property or fights 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 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 or 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. InitialF~ iI~-6{WY} (ooos) Page 9 o* ~s Form 3051 1/01 311 5007037 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 alnortization of the sums secured by this Security Imqtmment by reason of any demaud made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, witlmut limitation, Lender's acceptance of payments from third persons, entities or Successors ill Interest of Borrower or in amounts less than tile amount then due, shall not be a waiver of or preclude file exercise of any right or remedy. 13.' Joint and Several Liability; Co-signers; Successors and Assigns Bound. 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-sig~fing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instmlnent; (b) is not personally obligated to pay the surms secured by tiffs Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acconunodations 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 Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under tl~is 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 services performed in com~ectiOn 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 other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tiffs Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maxinmm loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tile charge to the pernfitted limit; and Co) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any 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 Instrument must be in writing. Any notice to Borrower in com]ection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable 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 notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrnment 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 herein unless Lender has designated another 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 tile corresponding requirement under this Security Instrument. (~}~-6(WY) (ooos) Page 10 of 15 Form 3051 1/01 LOlL L§O~ mJo-I 9L w Lt ~a Jsooo) (AM)B?I~I VclSH'd uo!lmu, toju! ~oqlo ,(ur put opma~ oq plnoqs sluomXrd rlo!q~ o; sso~ppe o~ '~OO~AZ0S UUO7 UrO~ mp JO o~Umla e s~ o~o~ JI '~loN otp jo OlrS ~ ol polrIo~m ~oa~oS ueo~ o~ to so~ueqo o~mu .m ouo oq lti~¢u osI* o~otI& '~r~ olqroHddV puc 'luomm]~I XlpnvoS s[~ 'oloN ~ ~opun ~ope~[qo uuoI o~e~l~om ~o~o ~oj~od pur luou~lsuI ~lpnooS s~ puc oloN o~ ~opun onp sluom~ed sloo[IOO le~ (,,~oo[~oS uroq,, o¢ se u~ou~) Xlpuo o~ m o~u~qo ~ u[ llnso~ ltl~~ Ol~S V ol oopou ~oud lnotp]m somp oxotu ~o ouo PIOS oq uea (lu~mml~i alpnooS sgp tp[~ ~o~o~ol) oloN =~ 'SI uopooS ~opun uop,~oloooe jo osco otp u[ lou IlUtlS olulsu[oi ol ltj~p spp 'IOA0gOH 'po~nooo petI uope~OlOaOe ou j[ se oapoojjo Xli~ u[mto~ IIgqS Kqo~otI pomoos suopr~[iqo pug luom~l~I Xlpn*oS s[~ '~o~o~o8 ~q luomolelsu?~ uodB '~oj~g~& spund o~to~looIH (p) ~o '.Klpuo io ~lHrluommlsut 'Xouo~e Ir~opoj ~ Kq po~n~t o~ sl[sodop osoqm uopnlp~t u, uodn u~e~p s~ ~ootIo tlons ~ue pop[~o~d '~ootlo s.xo[tise3 ~o ~voq, s,~o~fiseo~l '~ootia ~eq '~ooqo (o) :~op~o Kouom (q) '.qseo ¢) :~opuo~ Xq pmooios s~ '~x~I ~u[~oIIOJ o¢ jo o~om ~o ouo m sosuodxo pug ~ns luomolgl~t[o~ qons ~ud ~o~o~oH ]~t¢ o~mbo~ ~mx ~opuo7 'po~ueqoun onupuoo llUqs '~uommlsuI ~lPnoos sg0 Kq po~noos stuns o~ Ked ol uope~[t4o s,~o~o~o~ pug 'luommlsuI ~l~nooS s~ ~opun slq~u puc ~l~odo~d o~ u~ lsololu[ s,iop~o~ lgt~ olnss~ ol o~nbox KIq~oseox ~m xopuo3 se uopoe qons (p) pue :luommlmzI ~lpnooS s[~ ~opun sl~p pug Kl~odo~d o~ u[ lSOlolu[ s,IopHo~ Supoolo~d jo oso~nd o~ ~oj po~mmq sooj ~ot¢o pue 'sooj uopnnlg~ put uopood~[ Xi~odoxd 'sooj .sKomollB oIqmos~o~ 'm pol~i[[ lou mq '~u[pnlotq 'mom~lsuI ~lpnooS site ~u[o~ojuo u[ po~m~t so~odxo lIg sKgd (a) ~o slu~io~oo xo~o ~t~e jo linrjop Kuu so,no (q) '.po~mo~o Pml uope~OlOO~e ou j[ sg oloN ot~ put lumumlsuI Klpnoos site ~opun onp oq plno~ uo¢ qo[t[~ s~ns IIg ~opuo~ sX~d (~) :~o~o~o8 lgt¢ ox~ suozltpuoo osotI& 'luomml~I Klpnoos s[~ ~u[o~o.~o lumu~pn[ e jo K~luo (o) ~o :Ol*l~[oI o] lt[$p s,lo~6~o8 jo uopm~xol o¢ ~ql ~j~oods l~t ~g~ oIqeo[IddV sr popod ~o~o tlons (~ '.luom~l~I Xl~nooS u[ pou~eluoo oies jo ~o~od ~uu ol luensmd ~l~odoad ot~ jo OleS o~ojoq s~gp oa~ (e) :jo ls0[pro o~ ol ~oud otup ~uR l* ponupuoos[p 3uommlsuI ~lpnooS s[tp jo luotuoo:ojuo oAeq ol lq~p o~ OA~q IIe~ '~0~O~Ofl UO pum0p ~O O0pOU ~0t0~ lnm¢[~ luom~lmq XlpnooS s~to Kq pollCu~od so[poruo~ Kuu o~oaut ~mu ~opuo~ 'po~od s~ jo uopm[dxo otc ol ~oud ~ns X~G ol sI[~J ~o~o~ofl JI 'luou~lm[I K~pnooS sp0 Xq pomoos stuns IIU K~d lsn~ ~o~o~o~ qo[q~ IlUqS oopou otlA 'uopu~OlOOOu jo oopou ~o~o~oH oA!~ ll~qS ~opuo~ 'uopdo sitD somo~oxo ~opuo~ JI · ~ *Iq~o!Iddv Xq pol[q!qo~d sr os!o~oxo qons J! ~opuo~ ~q pos~o~oxo oq lou II~qS uopdo s~ '~OAO~OH 'luom~I ~lpnoos sI~ fq pomoos stuns ii~ jo II~ u[ luo~f~d olu~po~[ o~mbo~ f~ ~opuo~ '~uosuoo ~oud 8,.~opuo~ ~notD!~ (poa~og~ual ao PlOS si xo~o~oH u! lsoxom['I~[~Uouoq ~ pu~ uosxod lmnlm~ ~ lou st · ~os~qomd ~ ol ol~p o~nl~ ~ 1~ ~o~o~oH ~q oi1p jo soj~m~ o~ s~ qoiq~ jo ~uolu~ o~ 'luomoo~ ~o~oso xo 13u~luo3 sol~s luomiiulsu[ 'poop xoj lou~luo3 'poop ~oj puoq ~ u[ po~ojsu~Jl slsololu[ I~O9ouoq oso~ 'm POl~I lou lnq '~u[pnImt[ '~l~o~oxd mO iii 18o~olu[ I~Ogouoq ~o IU~OI Xuu suuo~ ,,~l~odo~d o~ u[ lso~olUl,' 'luommlsuI ~lpnooS s[tp jo pu, oloN o¢ jo adoo ouo uoa~ oq II,qS ~o&o~:o8 '~doD S,Ja~iOJJOfl · uorloe ~ue ol uope~}iqo aue lnotp[~ uopo~osip o[os soa[~ .,~mu,. p~o~ o~ (o) puc '.us~oa oo~a puc imnld o~ opnIom puu uuour [ImlS x, In~aIs otO u[ sp~om (q) :Iopuo8 ou~oj otc jo sp~oax io sp~6~ ~omou ~uipuodso~o~ opniou[ pu, uuom lIeqS xopuo~ ou~inos~u otp jo sp~o~ (,) :luom~I Xl~noos sitp u[ posh sv · uo~s~aoxd ~upoI~uoo o~ }notp[~ loojjo U0At~ 0q U*O qO~q~ 010N 0tO ~O lu0~lSUI ~lpnooS S~tp jo ~mlsuo~d ]omo loojju lou IlmtS lo[~uoo qons '~ oIquo~lddV tp[~ slo~Buoo gloN o~ ~o luom~lsuI Xlpnoo~ ~¢ jo osn~io ~o uo~s~Ao~d Xuu Imp luo~o o~ uI 'lou]luoo Xq luomoo~u lsu~u~u uml[qt~o~d ~ su pomlm[oo oq lou IIUqS o3uoItS' ~ons lnq 'luops oq 1[..m lomluoo Xq oo~u ol sml~ud, o~ ~o~[u X I..l~oqdmr. ~o X I.lJoi. J dxo 1 ~.~ M~ ~lq...I~OJ ddv '~ 'o Iq*Ot.l dd jo ~opulptqi pue slumuo_qnbo~ XuR ol loo[qns o~u luomml~I XlpnooS s~ u[ pou~luoo ~opR~[iqo puu slq~p IIV 'poluooI si Xl~odo~ o~ ~[o[~M u~ uopo~pspn[ o~ jo ~uI o~ pu~ MuI Imopoj Xq pou~o~o~ oq lIU~S luom~lm~i ~lpnooS s[q& 'uopanalsuoD jo soln~ ~l!Hqua,~oS ~u~ ~u~uJ.~oo '9I L[OLO0g 313 5007037 requires in cmmection with a notice of transfer of servicing. If the Note is Sold and thereafter tim Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the 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 connnence, 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 pursuant 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 tlfis 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 Enviromnental Law and the following substances: gasoline, kerosene, other flanmmble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, nmterials containing asbestos or fornmldehyde, and radioactive nmterials; (b) "EnViromnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envirmm~ental protection; (c) "Enviromnental Cleanup" includes any response action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental Condition, or (c) which, 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 recog~fized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consmner 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 Envirmtmental 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 the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govermnental 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 Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. iI~)~-G(WY) {ooosl P~e 12 o~ 1 ~ Form 3051 1/01 5007037 NON-UNIFORM COVENANTS. Borrower and Lender further covenant 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 (but 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 must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and 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 of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to 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 sold 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 following 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 tile person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release fids Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of fl~e 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. Initials~ (~)~-6(WY) 1ooo51 Page 13 of 15 Form 3051 1/01 315 5007037 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covemnts contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Walter Cook, Sr. -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~;?~6(WY) Iooos) Page ~4 of is Form 3051 1/01 0 1717 316 STATE OF WYOMING, The foregoing instrument was acknowledged before me this by Walter Cook, Sr. 5007037 L ~gJ£~c~3 County ss: July 16th, 2003 My Commission Expires: Notary Public l~}~-6(WY) Iooos) Page ~5 of ~s ~ Form 3051 1/01