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i03
RECEIVED
LINCOLN COUNTy CLERK
03 JL.fL 3 1 ?)f 3:
StateofWyoming
AP# 120PHILL2810142
LN# 2810142
JSpace Above Thi~ i.i,e For Recording I)atal
MORTGAGE
[:1 IA Ca~c No.
591-0938485-703
MIN 1001247-0002810142-0
THIS MORTGAGE ("Security Instrument") is given on July 25, 2003
The Mortgagor is PAUL A. PHILLIPS and VICKY PHILLIPS, husband and wife
("Bon-ower"). This Security Instrument is given to Mortgage Elect,'onic Registration Systelns Inc. ( IERS ),
(solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is
organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
Flint, MI 48501-2026, tel. (888) 679-MERS.
REPUBLIC MORTGAGE HOME LOANS, LLC
("Lender") is organized and existing under the laws of The State of Utah , ~nd
has an address of 4 516 SOUTH 700 EAST, SUITE 300, SALT LAKE CITY, UT 84107
· Borrower owes Lender the principal sun] of'
Ninety Nine Thousand Forty Nine and no/100
Dollars (U.S. $ 99, 049. 00 ).
This debt is evidenced by Bon-ower's note dated the same date as this Security h~stru,nent ("Note"), which
provides for monthly payments, with the full debL if not paid earlier, due and payable on August 1, 2033
· This Security h]stmment secures to Lender: (a) the repayment of the debt evidenced by the
Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,
with interest, advanced under paragraph 7 to protect the gecurity of this Security Instrument; and (c) the perfom~ance
FI IA Wyomi.g Mortgage with M ERS - 4/96
AP# 120PHILL2810142 LN# 2810142
Of Borrower's covenants and agreements under this Security Instrmnent and the Note. For this puqoose, Borrower
does hereby mortgage, grant and convey to MERS (solely as'nominee roi' Lender and Lender's successors and
assigns) and to the successors and assigns of MERS with power of sale, tile following described property located in
LINCOLN County, Wyoming:
LOTS ONE (1) AND TWO (2) OF BLOCK EIGHTEEN (18) , ORIGINAL TOWNSITE OF
COKEVILLE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF
which has the address of 205 SAGE STREET [S,-ccl]
COKEVILLE [City], Wyoming 83114 [Zip Code] ("Property Address");
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 tbregoing is referred to in this Security Instrument as the "Property."
Borrower understands an.d agrees that MERS bolds only legal title to the interests granted by Bon-ower in this
Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's
successors and assigns), has the right: to exercise any or all of those interests, iucluding, but not limited to, the right
to foreclose and sell tile Property; and to take any action required of Lender including, but not limited to, releasing or
canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the ,'ight 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 unifoml covenants fbr national use and non-unitbrm covenants
with limited variations by jurisdiction to constitute a ufliIb~m security instrument covering real prope,'ty.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borroxver shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due t, nder the Note.
2. l~Ionthly Payment of Taxes, Insurance and Other Charges. BorroWer sliall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the P,'operty, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insu,'ance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"). or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for tile annual mortgage insurance premium to be paid by Lender to tile Secretary,
or (ii) a monthly charge instead of a mortgage insm'ance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except roi' the ~nonthly charge by the Secretal-y, these
items are called "Escrow Items" and the stuns paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts tbr Escrow Items iT1 an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escroxv account under tile Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time (,"RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account m~ based on
amounts due fol-the mortgage insurance premium, i',,i,i,,,('r~Cg~
~4~(wv) ~0~0_'1 ,~g~_' ors
~.P# 120PHILL2810142 LN# 2810142
If the amounts held by Lender for Escrow Items exceed th~ amom~ts permitted ~o'be held by RE~PA, Lender
shall account to Bon'ower for the excess ~nds as required by RE~PA. If the amounts of funds held by Lender a~ any
t/me are not sufficient to pay the Escrow Items when due, Lender may notify fl~e Bon'owcr and require Bo~ower ~o
make up thc shortage as pem~it~cd by ~SPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Bon'ower tenders to Lender the ~11 payment of all such stuns, Borrower's account shall be credited with the balance
remaining for all instalhnent items (a), (b), and (c) and any mortgage insurance premium instalhnent that Lender has
not become obligated to pay to the Secreting, and Lender shall promptly re,nd any excess fimds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining fbr all instalhnents for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows:
First, to the mortgage insm'ance premium to be paid by kender to the Secretmy or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Secon~ to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premimns, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Bon-ower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and tk~r the periods that Lender
requires. Bon'ower shall also insure all improvements on the Propmxy, whether now in existence or subsequently
erected~ against loss by floods to the extent required by the Secreting. All insurance shall be can-ied with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a foml aCceptable to, Lender.
In the event of loss, Bon'ower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Bon'ower. Each insurance company concerned is hereby aufimrized and directed to make payment
for such loss directly to Lender, instead of to Bon'ower and to Lender jointly. All or~ any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
0f principal, or~ (b) to the restoration or repair of the damaged Prope~xy. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Bon'ower in and to insurance policies in force shall pass to the
purchaser.
5. Occupancy, Preservation, Maintenance and Protectiou of the ProperW; Borrower's Loan Application;
Leaseholds. Bon'ower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Bon'ower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Bon'ower, or unless extenuating
circumstances exist which are beyond Bon'ower's control. Borrower shall notify Lender of any extenuating
circumstances. Bon'ower shall not commit waste or destroy, damage or substahtially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
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AP# 120PHILL2810142 LN# 2810142
abandoued Property. Bo,-rower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate information or statemeuts tO Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but uot limited to, representations
concerning BOITower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with the provisions of tlse lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger ill writing.
6. Condemnation. Tire proceeds of any award or claim roi' damages, direct or cousequential, in connection with
any condemnation or other taking of any part of the Property, or lot' conveyance in place of condemnation, are
hereby assigued and shall be paid to Lender to the extent of the full amouut of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amouuts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to m paragraph 2, or change' the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the ProperD,. Bon'ower shall pay all
govermnental or municipal charges, fines and impositions that are not iucluded in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failm'e tO pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or f~ils to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as .a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), theu Lender inay do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbm'sed by Lender under this paragraph shall become an additional debt of Borrower and be
secm'ed by this Security Instrument. These amounts shall bear iuterest fi.om the date of disbursement, at the Note
rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Bon'ower:
(a) agrees in writing to the payment of the obligation secured by the lien iu a manner acceptable to Lender; (.b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings xvhich in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures fi'Om the holder of the lieu an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over this Security histrument, Lender may give
Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
above within I0 days of the giving of notice.
8. Fees. Lender may collect fees and charges authoi'ized by the Secretary.
9. Grounds fol' Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument iff
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of tile next monthly payment, or
(ii) BolTower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d)
of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
apProval Of the Secretary, require immediate payment in fi.dl of all sums secured by this Security Instrument
iff
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107
AP# 120PHILL2810142 AP# 2810142
(i) All or part 0fthe Propetnty, or a beneficial interest it] a trust owning ail o1' part of the Property, is sold
or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser o1' grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his o1' her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would pm'mit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary. will limit
Lender's rights, in the case of payment defaults, to require inimediate payment in full and foreclose if not
paid. This Secm'ity Instrun~ent does not authorize acceleration or foreclosure if not pemlitted by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible tbr insurance under the National Housing Act within 60 days fi'om the date hereot; Lender
may, at its option, require immediate payment in full of all sums secured by this Security lnstnnnent. A
written statement of any authorized agent of the Secretary dated subsequent to 60 days fi'om the date hereof,
declining to insure this Security Instrument and the Note, shall be deelned conclusive proof of such
ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the
unavailability of insurance is solely due to Lender's failure to t-emit a mortgaee insurance prenlium to the
Secretary. ~
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note o1' this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Bon'ower shall tender in a
lump sum all amounts required to bring Bon'ower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security h~stmmenl and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment m full.
However, Lender is not required to pemfit reinstatement if: (i) Lender has a~cepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencen~ent of a cun'ent
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on diffe,'ent grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of' Borrowe,' shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the s~ms secured by this Security Instrument by reason of any
demand made by the original Bon'ower or Borrower's successors iii interest. Any forbearance by Lender in exercising
any right ol- remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Bolxower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Propet~y under the temis of this Security Instrument; (b)
is not pgrsonally obligated to pay the Sums secured by this Security lnstrun~ent; and (c) agrees that Lender and any
other Borrower may agree to extend, modify, forbear or make any accomlnodations with regard to the temps of this
Security Instrument or the Note without that Bon'ower's consent.
I~4N(WY) 101021 ?age5 ors
108
AP# 120PHILL2810142 LN# 2810142
13. Notices. Any notice to Bon'ower provided for iu this Security InstrUn]ent shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another n]ethod. The notice shall be directed to
the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.
Auy notice provided fox' in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this paragraph.
14. Governing Law; Severabili ,t,t,ty. This Security Instrument shall be governed by Federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrdment or
the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
lnstrumeut and the Note are declared to be severable.
15. Borrower's Copy. Bon'ower shall .be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Snbstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Bon'ower shall not do, nor allow anyone else to do, anything
affecting tile Property that is in violation of any Environmental Law. 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
recognized to be appropriate to normal residential uses and to maintenance of the Property..
Borrower shall promptly give Lender written notice of any investigation, clam], demand, lawsuit or other action
by any govemlnental or regulatory agency or private party involving the Property and any Hazardous Substance or
Enviromnental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental
or regulatory authority, that any removal or other remediat-ion of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 16, "Enviromnental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or euvironmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Bon'ower unconditionally assigns and transfers to Lender all the rents and revenues
of tile Property. Borrower authorizes Lender or kender~s agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Bon'ower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for tile benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment fox' additional security only.
If Lender gives notice of breach to Borrower: (a) all reuls received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument: (b) Lender shall be
entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Leuder's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender fi-om exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall terminate when the debt secm-ed by the Security Instrument is paid in full.
ors
Ap# 120PHILL2810142 LN# 2810142
18. Foreclosure Procedure. If Lender requires immediate payment in full nnder paragraph 9, Lender may
invoke the power of sale and any other remedies permitted by applicable la~v. Lender shall be entitled to collect
all expenses incurred in pnrsuing the remedies provided in this paragl-aph 18, including, but not lilnited 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 vvifl~ applicable law. Lender shall give notice of
the sale to Borrower in fl~e manner provided in paragraph 13. 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 the person or persons legally entitled to it.
If the Lender's interest in this Security lnstrnment is held by the Secretary and the Secretary reqnires
immediate pay~nent in fall under Paragraph 9, the Secretary may invoke the nonjudicial power of sale
provided in the Single Family Mortgage ForeclosnreAct of 1994 ("Act")(12 U.S.C. 3751 et seq.) by requesting
a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as
provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise
available to a Lender under this Paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Bon'ower. Bon'ower shall pay any recordation costs.
20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of
curtesy and dower in the Property.
21. Riders to this Securi~, Instrument. If one or more ,'iders are executed by Bon-ower and ,-ecorded together
with this Security Instrument, the covenants of each such ,-ider shall be iucmporated into and shall amend and
supplement the covenants and agreements of this Security lnstrumenl as if lhe ride,'(s) were a part of this Security
Instrument. [Check applicable box(es)].
[---] Condominium Rider [] Growing Equity Rider ~] Other [specify]
~ Planned Unit Development Rider [~ Graduated Payment Rider
Page ? ol's
110
any rider(s) executed by Borrower and recorded with it.
Witnesses:
AP# 120PHILL2810142 LN# 2810142
BY SIGNING BELOW, Bon'ower accepts and agrees to the terms contained in this Security Instrument and in
PA~..U~ PHILL , =-~
(Seal)
- B O I1'0 WCl'
(Seal)
(Seal) (Seal)
-Bo,Tower -Borrower
(Seal) (Seal)
-Boll'ower -Boll-oWCr
(Seal)
-Bon'ower
STATE OF WYONIING,
/ //'
The foregoing instrument was acknowledged before me this
by PAUL A. PHILLIPS and VIC'KY PHILLIPS, husband and wife
(Seal)
-Bon'ower
V',"Af'D.t'.N NEWMAN-NOTARY PUBLIC
COUNTY OF ~ STATE OF
LINCOLN ~ WYOMING
My Commission Expires:
Notary Public
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