HomeMy WebLinkAbout892572P, eturn To:
W~LLI~ FA~t(~O IlOM~ MORTOA(]E, INC.
3601 MIITR~I;OTA DR- Su'ITE 200
BLOOMIN{;TON, IEN 55435
By: 8 9 2 5 */2
WELLS FAR~0 HOKg MORTGAGIL INC.
1919 DOUCTuAS,, OM:~H~, NB
681010000
~OOK ~L pR PAGE ._
For JP.~r {~g
MORTGAGE
REOEWED
L~NGOLN COUNTY CLERK
03 ~,UG 18 Pi~ 2: I 0
DEFINITIONs
Words wed in multiple sections of this doeummt are defined below and other words arc defined in
Sections 9, 11, 13, 18, 20 and 21. C~rtain rule~ r~garding the usag= of words used in this document arc
also provided in Section 16.
(A) "$ecuritl Instrument" means this document, which is datcdAUGUST la, 2003 ,
together with all Pdders to this document.
(B) 'TBorrowe, r" is ILT~ J ZENOER JR AND JUANA CASTZ~LO zZNGER, III~SBAIiD AND
WIFR
Borrower is thc mortgagor under this Security Instrument.
(C) "Lender" i~ wllr~r.5 FARiaO iio~ tiORTGA~X, INt'.
Lender is a CORPORATION
organi~:l and exi;tin§ under tile laws of THE $TAT~ OF CALI~'ORNIA
0028472074
WYOMING-Slogle Family-Fannie Mae/F~ddie Mac UNIFORM INGTRUMENT
Form 30S1 1/01
Lender'i address i$ P,O. sox 3.0304, DBS MO~S, IA 503060304
~nd~ is ~e mo~M~ under ~s S~ufity
~) "~ote" m~ ~c pro~sso~ no~ s[~ by ~ow~ ~d dat~UGUST 1.3, 2003
~c No~ ~a~ ~at Bo~wer owes ~dcr O~
~ 00/~00 Do~s
(U.S. $.--*112,~o0,00 ) pi~ ~ter~, Bo~w~ h~ pw~s~ to p~y ~ d~z ~ ~lar ~fl~ic
Pa~en~ ~d to pay ~e debt in ~11 not lair
Pro~ny."
(~ "Loan" ~ ~e debt ~iden~ by
due ~der ~e Note, ~d ~1 s~ due ~der
Rid~ ~= to be ~ut~ by ~ow~ [&~k box ~ ~pli~le]:
S Adj~able Ram ~dor ~ Condo~i~ ~der ~ ~nd Ho~ Rider
B~n Ri~ ~ Pl~ UEt Dcvgop~t ~d~ l~ F~V Rider
~ VA Rider ~ Biwee~y Pa~t ~der O~r(s) [sp~i~] ~anufac~ured Home
Rider
(H) "Applicable Law" me~s all controlling applicable federal, mate and local statutes, x~gulationz,
ordinances and administrative r~les and orders (that have the effect or law) as well u ~11 applicable fmal.
non-appealable judicial ophtions.
(1) 'lCnmmunity Association Dues, Fees, and Asses~mentz" mcan~ ali dues. fe~i, asse.ssments and o~her
charges that are imposed on Borrower or the Prope~. by a condominium association, homeowners
association or similar or§anizalion.
(3) "Eltetronic Funds Transfer" means an}, transfer of funds, othez than s transaction originated by
check, ckaft, or similar paper instrument, which is initiated through ~ electrozfic U:rminal, telephonic
instrument, computer, or magnetic rope so as to order, i~strucc, or authorize a financial institution to debit
or credit an account. Such tzrrn in¢lude~, but is not limited to, point-of-salt u-amfcrs, automated teller
machine ~ransactions. transfer~ initla[ed by telephone, wire tranafers, and automated dear,n/house
transfers.
(IO "Escrow Items" means tho~ items ,hat are described in Section 3.
(L) ,,Miscellaneous Proceed,s" meanz a~y compensation,' settlement, award of darnagm, or procctxis paid
by any third pany (other than insurance proceeds paid under thc coverers described in S~ion $) for: (i)
damage w, or ciestmction of, thc Property; (ii) condcrnnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (i¥) misrepresentation~ of, or omissions as to, the
value and/or condition of the Property.
('RD "Mortgage Ini~rance" means insurance protecting Lender agalllst the nonpayw, cnt of, or default on,
(N) "Periodic Payment" means the regularly scheduled nmoun~ due for (i) prindpal and interest under the
No~, pl~s (ii) any amounts under Section 3 of this Security Instrumenn
(O) "RESPI" means the Real £state Setr. lement Proc~iure. s Ac[ (11 U.$.C. Section 2601 et seq.) and its
implen'~-'nting rel~lation, Regular,un X (24 C.F.R. Pan 3500), ~s they might be amended from time to
time, or any additional or successor legislation or re/ulation that governs the same subject matter. As used
ia this Security Instrument. "RESPA" rulers to all r~;iuir~ments and restrictions that are imposed in regard
to a "federally related mortgage lonn" even if ~e Loan does not qualify ns s "federally related mortgage
loan" under RESPA.
~6(WY) (ooo6) p~,, 2 M 16
Form 3061 1101
(P) "Successor in Interest of Borrows" means any party tha~ has taken title to ~he Property, whether or
not that parry ha~ az~r, cd Borrower's obligations under the Note ~d/or this Securi~ Instrument.
TRANSFER O1~ RIGHTS IN THE PROPERTY
This S~;uriry l. nm'ument secures to Lender: (|) the repayment of the Loan, and all renewals, extensions and
modifications of ~¢ Note; and (ii) the performauce of Borrower's covenanls ~nd agreements ~der this
Security Instrument and ~e Note, For thi~ purpose, Borrower does her=by monpge, grant and convey to
Lender and k'nder's successors and assilas, with power of sale, thc following described property Io~ated
in the C0Olq're of ~-xa*COIZ :
[Type 'o£ P,~ordinI Sudsdicdon] [N~un~ o! lie,'ding hrlsdicflon]
Y.OT 11 OF ~ RO2RRT UOOX$1 I~TI~01:~ ;lmDIVl$'r01~, l, IlqCO7~ COUlqI'Y, Wl'ON/~,
A~ DN$Cl~RED ON TI~ O~PICIAL I~LAT TH~I~OF.
Manufactured Dace 08/01/2001
Serial Numbe; 4539426
IDA 198079 &
221
TAX STATEMEh~S 9~OULD BE gEI~T TO, W~LLS FARGO ROME MORT~A~R, INC., P.O.
BOX 10304, DES MOINES, IA $03060]~4
P~c~lDNumber: 123781829402222.00
266 SANI~LL ROAD
("Prope~y Address"):
which currently ha~ the address of
Wyomi~ an. aa (z~p
TOGETHER WITH ell the improvements now or hereafter erected on the protmry, ~-d
easements, appurtenances, and fixtures now or her~fter a pm of the property. All replacements and
additio~ shall also be covered by this Security Insmunent. All of thc forqoing is referred to in this
Security Instrument ~ thc "Property."
BORROWER COVENANTS r, hat Borrower is lawfully sei-~ed of the estate hereby conveyed and
thc right to mortgage, grant and convey the Property and thai the Property is unencumbered, except for
~ncumbrances of record. Borrower warrant~ and will defend generally the title to ~he 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 varialions by jurisdiction to constitute a uniform security immanent covering real
property,
UNIFORM COVENANTS. Borrower and Lender covenan~ and air~ as follows:
1, Payment of Principal, Interest~ Escrow Items, Prepayment Charges~ and Late Charles.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and Isle charg~ due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Sectio~l 3. Payments due under the Note and this Security Insum~t shall be made in U.S.
currency. However, if any check Or other in~tnh-n~nt received by Lender as payment under thc No~e or this
I{~-6(WY) {ooos~ ~'~o, ~ o~ ~ ~ F~nn 3051 1101
Securizy Instrument is returned to T ~nder unpaid, Lender may require that any or all ~bsequent paymenLs
due under the Note and this Security Instrumcnt be zoade in one or more of the following forms, s~
selected by Lender: (a) cash; Co) money order; (c) certified c~eck, bank check, treasurer's check or
cagaier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal ~cncy, instrumeuiallt'y, or en~i~y; or (d) Elec~wuic Nunds Transfer.
Payments are deemed received by Lender when received at u~e location dcal~enstcd in the Note or at
luch other location as may be designated by Lender in accordance with the notice pwvisions in Section 15.
Lender may return any payment or partial payment if the paymen~ or partial payments are in.mfficient lo
bring the Loan current. Lender may accept any payment or partial paymc~ insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to ils fights to refuse such payment or partial
payrnc-nts in the future, but Lender is not obligated to apply such payments at the time such payments arc
accepted. If each Periodic Payment is applied as of i~s scheduled due date, then I..cndcr need not pay
interest'on unapp[ied funds. ;Lender may hold such unapplied f'und~ until Borrower makes paymen~ to bring
thc Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return th~n co Borrower. If not applied earlier, such funds will be applied to th~ o~tsumding
principal balance under the Note immediately prior to fo~closure. No offset or claim which Borrower
might have now or in the future against Leader shall relieve Borrower from r, tsld,$ payments due under
the Note and this Securhy Ins~rumcm or performing the covenants and agreements secured by this Security
2, Application of Payments or Proceeds. I~xcep£ a~ otherwise described in this Section 2. all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) intere.~
due under the Note; (b) principal due under thc Note; (c) amounts due under Section $. Such payments
shall be applied to each Periodic Payment in the order In which it bccan~ due. Ally remaining amounts
shall be applied first to late charges, second to any other amounts due under ~his Security lnstmrneut, and
then to reduce the principal balance of the Note.
If Lender receiv~ a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payn~cnt may be applied to the delinquent payment and
the late charge. If mor~ than one Periodic Payment is outstanding, Lender may ~ply any payment received
from Borrower to the repayment of ~he Periodic Paymen~ if, and to the extent that, ~ payment ca~ be
paid in full. To the extent chat any e~ccss exists after the payl'n~t is applied to the full payment of one or
mor~ Periodic Payments, such eXce~s may be applied to any lax¢ char§cs duc. Voluntary prepayments shall
be applied first to any prcpaym~.'nt charges and then ss described in the Note.
Any application of payments, fluurance proceeds, Or Miscellaneous Proceeds to principal due under
the No~c shall not ex~end or postpone ~he due da~e, or change thc amounl, Of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due
under ~e Note, un~il the Note is paid in foil, a sum (thc 'Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can ansan priority over this Security Insu'ulent as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on thc Property, if any; (c)
premiums for any and all insurance r~-quired by Lender under Scctinn 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of th~ payment of Mortgage
Insurance premiums in aCCOrdance with the provisions of Section I0. These in,ms arc csllcd 'Escrow
Items.' At oritinstlon or at any time during the term of the Loan, Lender may require that Community
Associaiion Dues, Fees. and Assessments, if any, be escrowed by Borrower, and such dues, fccs and
assessments shall be an Escrow Imm. Borrower shall promptly furnish lo Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender thc Fund~ for Escrow Ilems imless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
oblilation to pay ~o I..cnder Fu~d.s for any or all Escrow lte~ns a~ any time. Any such waiver may only bc
in writing. In the event of such waiver, Borrower shall pay direclly, when and where payable, the amounts
222
F~rm 3051 1101
223
due for any Escrow Items for which payment of Funds has been waived by Leilder and, if Lende£ require,
shall furnish to Lender receipts evidencing suah payment, within such time period as Lender may require.
Borrower's obligation to make such Payments and to provide receipts shall for ail purposes be deemed to
be a covenant and agreement contained in this Security instrument, as the phrase "covenant and agreement"
is us~ in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant lO a waiver, and
Borrower fails to pay the amount duc for an Escrow Item, Lender may exerci.qe its fights m~der Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amoun[, lender may revoke the waiver ns to any or alt Escrow Items at any ~ by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shag[ pay to l~er ail Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at ;my time, collect and hold Flmds in an amount (a) sufficient to permit Lender to apply
the Funds at hie time specified Under RESPA, and Co) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Pund~ due on the basis of current dltta and
reasonable estinlates of expenditures of future ]~scrow Itema or otherwise in accordance with Applicable
Law.
The Ftmds shall be held in aa institution whose deposits are insured by a federal agency,
insu'umentall~, or entity (including Lender, if Lender is an institution whose deposits nrc so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no Inter than the tirr~
specified under RESPA. Lender sl~l not chargc Borrower for holding and applyillg the Fund~. annually
analyzing the escrow account, or vefifyklg the Escrow lterr~, unless Lender pays Borrower interest on the
Funds and Applicable Law permks Lender to make such a charge. Unless art agreetllent is made in w~iting
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or eaminls on the Fund~. Borrower and Lender can agile in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Fund~ a~ requircd by RESPA.
If there is a surplus of Funds held in escrow, as defined under RI/SPA, Lender shall account to
BorrOwer for the excess fund~ in accordance with RESPA. If there is a shortage of Funds held in escrow,
ns defined under RESPA, Lender shall notify Borrower as r~uired by RESPA, and Borrower shall pay to
Lender the amount nec~sary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escww, ns defined under RESPA, Lender shall
notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary ~o make
uP the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full Of all sums secured by this Security lnstnm~nt, Lender .shall promptly refund
to Borrower any Funds held by Lender,
4, Charges; Lie~s. Borrower shall pay ail taxes, assessments, charge, fines, and impositions
attributable to lhe Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the PropertT, if any, and Community Association Dues, Fees, and Assessments, if any. To
the ext~nt thai these kemi are Escrow Items, Borrower shall pay them in the mnnner provided in Section 3.
Borrower shall prompdy discharge any lien which has priority over this Security Instntment unless
Borrower: (~) sgrec~ in writing to the payInent of the obligation secured by the lien in a xrumner acceptable
~o l_~nder, but only so long ns Borrower is performing such agreement; Co) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinlon operate lo
prey=at thc enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the Ilea. an agreement satisfactory to Lender subordinating
the lien to this Sec~ty Instrument. If lender daermines tha~ any pan of the P~-openy i.s ~ubject to a lien
which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the
(~,-6{WYI moos) p,~, s ~l ~ F~rm :~01;1 1101
lien. Within 10 days of the date on which that notice i~ give, Borrower shall satisfy the lien or t~ke one or
more of the actions set forth above in this $~CLion 4.
Lender may require Borrower to pay a one-time charge for a real es~e tax verification and/or
reporting s~rvice used by Lender in connection with this Loan.
g. Property Insurance, Borrower shall keep the improvements now existing or hereafter c~ected on
the Property irtsured against loss by fire, hazards included within the term 'extended coverage,u and any
other hazards includiml, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance sbttll be r~aincained in the alltoums (including deductible levels) and for thc periods that
Lender requires. What Lender requires pursuant co the pr~.eding sentences can chsn§e durin~ the term of
the Loan. The insurance carrier providing the insurance shall bo chost~ by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
re-quire Borrower to pay, in connection with this LOa~, either: (a)a one-time charge for flood zone
d~termlnation, certification and tracking services: or (b) a one-time charle for flood zone determination
and certificatioD services and subsequent charfles each time remapping8 or similar cluagcs occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal ~ner§ency Managemm3t Agency in connection with the
review of any flood zone dctern'g, nation lc.suiting from mi objection by Borrower.
· If Borrower fails to main~in any of the coverages described above, Lender may obtain insurallce
coveraze~ at Lender's option and Borrower's expell~. Lender is trader no obligation m purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Rorrower, Borrower's equity in the Property, or thc contents of th~ Property, against any risk,
hazard or liabilit~ and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coveral~¢ so obrs;ned might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disburs~ by l,~der under this Section $ shall
become additional debt of Borrower secured by this Security Insuument. These amounts shall bear interest
at the Note rate from the date of disbur~en~nt and shall be payable, with such interest, upon notice from
Lender to Borrower r~lucsting 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 fight to lmld the policies and x~newal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipm of paid prcmiurrm and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for ,i~m~ge to, or de.qtmcdofl of, the Property, such policy shall include a standard ronrtgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss. Borrower shall give prompt xxoticc ~o thc insurance carrier and I~der. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and BOtTOwcr otherwise agree
in writing, arty insurance proceeds, whether or not the underlying insurance was required by L.~-nder, shall
be applted to restoration or repair of the Property, if the restoration or rcpalx is economicslly feasible ami
Lender's security is not lessened. During such repair and restoration period, ~ ,-,~er shall have the right to
hold such insurance proceeds ~nti! Lender has had an opportunity to inspect such Property to ensure the
work has been completed to I~nder's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs i and restoration in a single payment or in a series
of prolress payr~nts as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, LL-ndcr shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third panics, retained by
Borrower shall not bo paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lc3uler's scc3Lrity ~ould be lessened, the insurance
proceeds shall be applied to the sums secured by this Security I~, whether or not then due. with
P.~o o ot ~6 Form ~051 3101
the excess, if. any, paid io Borrower. Such insurance pwcecds shall be applied in the order provided for in
SecQon 2,
If BorrOwer abandons the Property, Lender may file, negotiate md settle any available insurance
claim and related mar, ers. If Borrower docs not respond withi~ 30 days to a ~iodce from Lender that the
insurance carrier has offered to senle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Le~der ~xluires thc Property under
SecQon 22 or otherwise, Borrower hereby assigns to I~nder (a) Borrower's rights to any insuranc~
proceeds in an amount not to exceed the amounts unpaid under the Nora or this 5ec'udty hstrumenr, and
(b) any other of Borrower's ri/~hts (other Than the fight to eny refund of untamed premiums paid by
Borrower) under all insurance policies coverin~ the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance pwceeds either to repair or restore the Ih'operty or
to pay amounts unpaid under the Note or this Security Insu'ument, whether or nm th,~n duc.
6, Occupancy, Borrower shall occ~y, establish, and use the Property as Borrower's principal
r~idencc 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 yea~ after the date of occupancy, unleu Lender
otherwise agrees in writil~g, which consent shaft not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7, Preservation, Maintenance and Protection of the Property~ Inspection. Borrower sl~ll not
destroy, damage or impair die Property, allow the Propcrt~ to deteriorate or commit waste on the
Proper~y. Whc-~hcr or not Borrower is residing in the Property, Borrower shall maintain thc Property in
order to prevent the Property from deleriorating or decreasing in value due to it~ condition. Unless it is
cletenrdned pursuant to Sec~ton ~ that repair or restoration is not economically feasible, Borrower shall
promptly repair the Properly if dsmag~ to avoid further deterioration o~ damage. If insurance or
condemnation proceeds arc paid in COunecQon with damage to, or lhe taking of, the Property, Borrower
shall be reR)onsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lendcr may dish,se 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 condemnation proceeds arc hoc efficient
to repair or restore the Properv/. Borrower is not relieved of Borrower's obligation for the completion of
such repair or r~oratiml.
Lender or its agent may make reasonable entries upo~ and inspections of the Proper~y. If it has
re.~onable cause, Lender may inspect the interior of the lmprov~atcnu on thc ProI~-ny. Lender shall, give
Borrower notice st thc time of or prior to such an inlerior inspection specifying such reuonsblc 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 thc directio~ of Borrower or wi~h Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loau. Material
representations include, but are not limited to. reprcsentation~ conccminl Borrower's occupancy of the
Property as Borrower's principal r~idence.
9. Protection o1' Lender's Interest in the Property and Rigi~ts Under this Security Instrument. If
(a) Borrower fails to perform the covenants md agreements contained in this Security Instmm~t, 00) there
is a l~gal proceedint~ d~t might significantly affect Lender's interu~ in the Pwperty and~or rights under
this Security Instrument (such as s proccccling in bankruptcy, probate, for coudemnadon or forfeiture, for
enforcement of a llen which may attain priority over this Security Instrun~nt or to enforce laws or
regulations), or (c) Borrower bas abandoned the Properly, then Lender may do and pay for .whatever is
reasonable or appropriate to protect L~dcr's interest in the Property and fiSbis under d~is Security
Instrument, including p~otecting and/or assessing the value of the Propel'ty, md securing and/or repairing
the Property. Lender's actions can include, bu~ are nor limited to: (a) paying any sums secured by a lien
which has priority over this Security lnsu'ument; (b) appearing in court; and (e) paying reasonable
225
(~-$¢WY! ~ooost ~, ? ~ ~ Form 3061 1/01
22G
attorneys' fees m protect its interest in the Property and/or figl~ts under this Securi~/Insmunent, including
its s~.~rcd position in a b..t-r~ptcy proceeding. Securin~ ~he Property includes, bu~ is no~ limi~d to,
~terin~ the Property to make r~pairs, change locks, r~place or board up doors and windows, dr-,~ wau~r
fiom pipes, eliminale building or other code violations or dangerous conditions, and have utilities ~rned
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 taldng any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section '9 shall bemme additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interes~ at the Note ra~e from the da~e of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Secarity Insu'ument is on a leasehold, Borrower shall comply with all die provisions of the
lease. If Borrower acquires fcc rifle to die Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing. .
10.]~Iortllage Insurance. If Lcndm: required Mortgage Insurance ~s a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effeci. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the morlgagc insurer thai
previously provided such insurance and Borrower was required to make separa?ly designa~d payraen~s
toward the premiunu for Mortgage Insurance, Borrowcs shall pay the premmms required to obtain
coverage subsumtially oquivale~[ to the Mortgage Insurance previously iu effect, at a cost subs~utially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from a~ shemate
· mortgage insurer selected by Lender. If substantially equiv~lem Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the smount of thc separately designated payrolls that
wcrc due when the insurance coverage ceased to be in effect. Lender will accopl, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgsge Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact dial thc Loan is ultima~ely paid in full, and Lender shall not be
required to pay Borrower any interest or ear~ings on such loss relerve. Lender can no lonler require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period disi Lender requires)
provided by an insurer selected by Lender again beco~hes available, is obtained, and Lender requires
separately designaed payments ~owsrd the premiums for Mongale Insurance. If I-under required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separalely designated
payments toward the premiums for Mortgage Insurance, Borrower shsll pay the premiums required .to
m~intain Mortgage Insurance in effect, or to provide a non-refimdable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such t~uv~ination or until, termination is required by Applicable Law. Nothing in gtis
S~c~ion I0 affects Borrower's obligation ~o pay interes~ at the rsie provided in thc Nom.
Mortgage Insurance reimburses Lender (or any entity d~at purchases, thc Note) for ccmfin losses it
may incur if Borrower does ~ot repay the Loan as agreed. Borrower is not a party ~o the Mortgage
Mortgage insurer~ evaluate their total risk on all such insurance in force from time lo tim~, stat may
enter into a~reemen,, with other panics that share or modify ~heir risk, or reduce losses. These agre. cm,mts
are on terms and conditions [ha are satisfactory to die mortgage insurer and the other party (or panies) to
these agreements. These agreements may require tho mortgage insurer ~o 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 agreemcnt~, Lender, any purchaser of the No~e, 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 might be characterized as) a portion of Borrower's payments for Mortgage Im'urancc, in
exchange for sharing or modif)'ing the mortgage insurer's risk, or reducing losses. If such agreem~t
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of thc
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." F. urlhcr:
(a) Any such agreements will not affect the amounts thai Borrower has agreed to pay for
Mortgage' Insurance, or any other terms of the Loan. Such a~re~m_~ ,~ts will not in,tease tha amount
Borrower will owe for Mortgage I. usurance, and they will not entitle Borrower to any retired.
(~-6(WY) moos) I'~. t o~ ~s Form 30S1 1101
227
CO) .$ny such agreements will not affect the fights Borrower has - il any - with rcsl)Kt to the
Mortgage Im-urance ~rader the Homeowners Protection Ac[ of 19~ or any o~er law. Th~sc ri~ts
may include the right to receive eerta~ disclosures, to r~lucst and oblain cancellation of th,
Morigage Insm-ance, to have the Mortgage ~ance t~ninatc, d automatically, and/or to receive n
refund of say Mortgage I~qu'ance prim[tuns that were unearned at the time of ~uch cancellation or
terminalio~.
11, Assilpunent of Miscellaneous Pro~eecls; Forfeiture. All Miscellaneous Ploc.~eds are hereby
· ~ssi~n~ to and shall be paid to Lender.
If the Property is d~rn~§ed, such MiSCellaneous Proceeds shall be applied m r~toraiion or repair of
the Proper~y, if the rcitoration or repair is economically feasible and Lender's security is not t~sened.
During such repair and re~toration period, Lender shall have lhe fight to hold such Miscell,neou~ Proceeds
until Lender has .had an opportunity ~o '.~pect such Property ro ensure ~he w.ork, h~ bc~n completed .to
Lender's salisfacfion, provided that such inspection shall .be under[aken prompuy. ~cnaer may pay mr me
repairs and restoration in s single disbur~enle~t or in~ a series of prol~ss payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required m pay Borrower any interest or earnings on ~uch
Miscellaneous Proceeds. If the restoration or repair is not cconomicelly feasible or Leader's security would
be lessened, ~he Miscellaneous Proceeds shall be appli~ to the ~ms secured by [his Security In.scmment,
whether or not th~n due, with the excess, if any, paid to Borrower. Such Miscellaneous ProceSs shall be
applied in thc order pro~ided for in .%etlon 2.
In the event of a total' taking, des~raccion, or loss in value of fl~ Propeny, the Miscellaueou~
Proceeds shall be appli~ to the sums secured by ~is Security Ivztmmcnt, whether or not ~hen due, with
the excess, if any, paid to Borrower.
In ~ event of a ]~artial taking, dear. motion, or Joss in value of the Prope~j in which the fair m~rket
value of the Propcr~¥ immediately before the p~-r. ial taking, destmcfiun, or loss in value is equal to or
greater than the amount of ~he sums secured by chis $ccurtiy lnslxument immediately before the par~lzl
taking, de~tmction, or loss in value, unless Borrower a~d Lender otherwise agr~ in writing, the sums
secured by this ~,c'curlty Instrument shall be recluced by the amount of the Miscellaneous Proceeds
multiplied by ~he following fraction: (a) the total amount of thc sums secured immediately beforo the
parti~l t.~king, detraction, or 1o~ in value divided by Co) the fair market value of the Property immediately
before The partial t~ing, destrac~ion, or loss in value. Any balance shall be paid to Borrower.
In The e~enl of a partial taking, demuctio~, or loss in value of the l)roperry in which/be fair mark~
value of the Property immediately before the partial ~.i~g, d~trucxion, or loss in value is l~s than The
amOUnt of the ~rns secured immectlatel¥ before the partial ~aking, d(~miclion, or loss in value, unless
Borrower and Lender other~'/tse agree in writing, the Miscell~ueous Proc. ee.~ shall be applied to the sums
secured by this ~curity Instrument whether or not the sums are then duc.
It' the Properg' is abandon~ by Borrower, or if, after notice by lander ~o Bon'ower tha~ the
Opposing Ps_ny (as defined in the next senten~) offcr~ to make an award m senle a claim for
Borrower fails to respond to Lender within 30 days after th~ dace the no~lce is given, Lender is an[hoflzed
to collect and apply [he Miscellaneous Proceecls either to re, roTaTiOn or repair of the Property or to the
sums secured by this Sec~ity in~rurnent, whether or not [hen due. "Opposing Part'y" mc~ns the third
thai owe~ Borrower Miscellaneous Proceeds or the party agalmt whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceedJng, wh~her civil or criminll, Is begun ~hsr, in
Lender's jt~dgrr~nt, could result in forfeiture of [he PrOl~r~y or other mat~ial impairment of l_tnder's
interest in the Pl'openy or righT.1 under this Security l~stmmcnt. Borrower can ~ure ruchs default and, if
acceleration l~s ocairred, r~ins-~e ~s provided in Section 19, by causing the action or proceeding to be
dismissed with a rating [hat, in Lender's judgment, pr~ud~ forfeiture of ~he Property or o~her martial
impairment of Lender's in~ercs~ in thc Prol)crty or rights under this Security Instrument. The proceeds of
any award or cl~im for damages that are attributable to the impairment of Lc~dcr's interest in h'~ l)rop~y
are hereby a~si~ned and shall be paid to Leader.
All Miscellaneous Proceeds that arc not. applied to restoration or repair of thc Property shall be
applied in the order provided for in Section 2.
d~-e(WY) ~oo61 ~,,~ 9 ~ ~ ~ Form 3051 1/0 1
12. Borrower Not Rdeased; Forbearance By 1.~atder Not a Waiver. Extension of the tim~ for
payment or modification of amoriization of the rums secured by this Security Instrument granted by Lmder
to Borrower or any Successor in Interest of Borrower shall not operate to release thc liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrum~at by reason of any a~-~,,d made by the original
Borrower or any Successors in Interest of Borrower. Any forbearauce by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third tmrson$, entities or
Succes.~ors in Interest of Borrower or in amounts l~ss than the amount then due, shall not be a waiver of or
preclude the exercise of any right or rerriedy.
13. Joint ~nd Sev~ai Liability; Co-signers; S~ecessor$ and Assi~,m 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-si~'m~~): (a) is co-sl~ning this
Security Instrument ouly to mortgage, grant and convey the co-signer's inmrest in th~ Property under the
tcnm of this S~-ufity I~trun~nt: 0a) is no~ personally obliga~d to pay the sums secured by this Security
Instrument; and (c) agrees that l.~mder and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the proviaions of Section 18, a~y Successor in Interest of Borrower who assumca
Borrower's obligations under this S~-ttrity Instrument in writing, and is approv¢d by Lender, shall obtain
all of Borrower's fights ;md be~fits under this Security Instrument. Borrower shall not be released from
Borrower's obligations ami liability under this Security Instrument unless Lender agrees to tach release in
writing. The covenants and agreements of this Security Insmun~t shall bind (except as provided in
Section 120) and benefit the successors and assigns of Lender.
14. Loan Charges, Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest In the Property and rights under this
Security Instrument, including, but nog iimit~l to, attorneys' fees, property inspection and. valuation
In regard to any other fees, the abaen~ of expre-~s authority in this Security Instrument to cnarg~ a specmc
fee to Borrower shall not he construed as a prohibition on the charging of such f~. Lender may not charge
fce, s that are expresaly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum lban chargc$, and that law ia finally interpreted so
that the interest or other loan char~os collected or ~o be collected in connection with the Loan exceed the
permiu~ limits, then: (a) any such loan charge shall bi reduced by the amount necessay to reduce the
charge to the permitted limit; and (b) any sums ~¢ady coUected from Borrower which exceeded pc'rmitted
limits will be re~nded to Borrower. !,,ruder may choose to make this retired by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund' reduces principal, the
reduction will be treated as a partial prepayment without any. prepaym~t charge (whether or mat a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payrv, ent to Borrower will constitute a waiver of any right of action Eorrower might have arising out
of such overcharge.
IS, Notices, All notices given by Borrower or Lender in connection with tiffs Security lnstnmaent
m~t be In writing. Any notice to Borrower iu connection with this Security Instnan~t shall b~ d~med to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrowez shall consfltut$ notice re all Borrowers
uvless Applicable Law expressly requires otherwise. The notice add~ss shall be thc Property Address
unless Borrower has designated a substitute notice address by notic~ to Lender. Borrower shall promptly
notify Londer of Borrower's change of add~ess. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a eh~ge of address through that specified procedure.
There may be only one desigvs_ted notice address u.ud~ this Security Instrument at any one time. Any
notice to Le~der shall be. given by delivering it or by mailing it by first class mail ~o Lender's a~dress
stated herein unless Lender has designated another ~dress by notice to Borrower. An), notice in
colm<tion with this Security Instrament shall not be deemed to hav{~ been given to Lender u~fil actually
received by Leader. If any notice required by this Security Instrument ia also required under Applicable
Law, th~ Applicable Law requlremeau will satisfy the cona~yonding requirement under this Security
Instrument.
228
16, Governin$ Law; ,~erabilit~; Rules
t~em~ by f~ law ~d ~e law of ~e j~fisdicdon
A~li~ble Law. A~lic~le ~w ~t explici~y or ~lici~7 ~low
~tht be sil~. bu~ tach sil~cc sh~ no~
~e ev~t ~a~ ~y pro.sion or cla~e of ~ ~ty l~t or ~e Note wnflias wi~ Appli~ble
~w, su~ ~i~ ~1 not ~t o~ pmvisi~s of ~s
giv~ eff~t wight ~e co. icing pwvision.
As u~ ~ ~h S~ ~ent: (s) wor~ of ~e ~ E~d~ sh~ ~ ~d ~clude
~ndlng neuter wo~s or wor~ of ~e feline g~d=; ~) wo~ in ~e s~ sh~l m~ md
~clude ~e plur~ ~d vice v~sa; ~d (c)
~e ~y ~tion.
17. Bo~ow~'s Copl. Bo~ow~r'sh~ ~ ~v~ on~ ~pl of ~e Nora ~d of ~is S~rlU ~~.
1~. ~ o[ the ~o~ or a B~e~ ~t~ In Bo~, ~ ~ ~ ~ts S~on 18,
~ in ~e Prope~y" ~ ~y le~fl or ~neficl~ ~t~ ~ ~c ~, ~clud~, but not l~t~
to, ~o~ b~eficifl ~tcr~s ~fermd in a ~nd for d~, ~ua~ ~r d~, ~t~cnt sfl~ ~t~a or
~w a~m~, ~c ~tcnt of whi~ Is ~e ~sfer of ti~e by ~ st s ~mre ~c to a p~.
If ~ or ~y p~ of ~e ~op~ or ~y ~tere~ ~ ~ ~op~ is sold or ~f~ (or if ~w~
is not ~ nsm~ ~rmn ~a a be~ficifl tn~e~t in Bo~owcr i~ mid ~ u~f~) witovt ~d~'s pg~
~ucn consent, ~nd~ ~y req~re ~ate
Ins~em. However, ~s option ~h~ no~
Applicable Llw.
If ~d~ exercises ~is ~on, ~nd~ ~h~l ~ve Bo~ow~ ~og~ of a~l~n.
provide a ~od of not las ~ 30 ~ys tkom
wi~ wMch Bo~ower must pay ~1 s~ s~ur~ by ~is ~ ~i. If ~ f~s to pay
~cu~y ~s~nt wi~out ~er no~ or d~d on Bo~ower.
17, Bo~ow~'s ~h~ to R~n~te
Bo~w~ sh~ have ~c ri~t to have ~or~m~
p~or to ~e e~ll~ of: (s) fiv~ days before
· ~ ~urity ~s~t; ~) sach o~er p~i~ ~ A~lictbie ~w ~t ~ for ~e e~on of
~rrower'~ ~t to r~ta~e; or (c) ent~ of
c~ditio~ ~ ~at Bo~ow~: (a) pays ~d~r
lns~nt ~d the Note ~ ~ no a~ler~tion h~ o~; ~) ~ ~Y ~lamt o~ ~ omer cov~
to. r~onsble aUomeys' fc~, prop~y ~ion
t~ such ~tlon ~ ~nder ~y r~sonably r~ulre
~ts ~dcr ~S S~ty Ins~ent, ~U Bo~ower's obligation
Instant, sh~l congnue unc~. ~nder
~xpcnses in one or ~re of ~e follo~l fo~, ~ ml~ by ~nd~: (a) c~h; ~)' monel ord.; (c)
cenifi~ ch~k, b~ ~k, ~'s ~cck or c~hier's ~e~, ~vld~
~ ins~imgon whose d~osi~ ~ ~ b~ s f~ra a~cy, ~~it~ or ~; or (d) ~rontc
Fua~ T~fer, Upon ~i~t by Bo~ower, ~ Sc~ty lns~t md obli~sg~ ~ur~ h~by
sh~l ~ain rally eff~ve ~ if no ack.ion hsd occu~. How~, ~s d~ht to r~mtate sh~l not
apply ~ ~he ~ of a~l~a~on ~d~ S~ion 1
~0. Sale or Notel ~e of ~ S~tcer; Nogce
~e Note (tosether ~ als ~ty l~t) ~ be soM one or ~ dines wi~ou~ prior noti~ to
Bo~ower. A s~e ~h~ result ~ ~ ch~c in ~e ~tity ~o~ ~ ~e '~ S~") ~a~ coll~s
Pe~odic Payers due un~ ~c Note ~d ~is S~urity ~s~t ~d perIo~ o~ mo~s~c 1o~
~lc~ obli~a~o~ ~d~ ~c No~, ~is
one or more ~ of ~ ~ S~i~ ~la~d to
S~i~r, Bo~ower w~ be ~lven ~t~ noa~ of
new ~ ~icer, ~e ~d~s m which p~ ~ould ~ ~e ~ ~ ~ ~o~lon ~SPA
229
-6iWY! tooom
Form 30B1 1/01
requires in connection with a notice of transfer of servicinE. If the Note ia ,old and thin. after the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, thc montage loan servicing obligations
to Borrower will r~main with the Loan Servicer or be Lransferred ~o a successor Loan Servicer and are no!
asmime, d by the Note pUrchaser unless otherwise provided by ~hc Note pur~'~er.
Neither Borrower nor Lender may commence, Join, or be joined to any judicial action (~ either an
individual litiganz or the member of a class) that arises from the other pariy's actioos purp~snt to ~
Security Insu'ument or thai alleges that ~ otter party has breached any provision of, or any duty owed by
reason of, this SeCurity Instnur,~'nt, until such Borrower or Lender has notified the oth~r pray (with such
notice gi'~ in compliance with the requirements of Sectiolt 15) of such all~-[~ed breach and afforded the
other party hereto a reasonable period after the giving of stw. h notice to tike. corrective a~tion. If
Applicable Law provide~ a time period 'which must elapse before cerlain action can be ulken, ~hal time
period will be d~med to be reaso~aable for pu~oses 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
Borrow~ pursuant to Section 18 shall be deemed LO satisfy th~ nOtice ami opportuniiy to take corrective
action provisiou's of this Section 20.
21. Hazardaus Substances. As used in this ~tion 21: (a) "Hazardou~ Substances" are. those
substances defi~led as toxic or hazardous substances, pollutant~, or wastes by Environmental Law and the
following substances: guoliu¢, kerosene, other flammable or toxic p~troleu~l products, toxic pesticides
and herbicides, volatile solvents, materials containing asbeslos or fonnaldehyde, and radioactive n~erials;
(b) "Envirom'ne~tal Law' means federal laws and laws of the jurisdiction where the Property ia local, ed that
relate to health, safety or envLronulelttal protection; (c) "Environmental Cleanup' includes any response
action, r~ial action, or removal ~ction, as defined in Environmental Law; and (d) an 'Environmenial
Condition" m~ans a condition that can cause, contribute m, or otherwise u'igger an Bnvlronm~ntal
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage. Or release of any H~rdous
Substances, or threat~' to.release any Hazardous Substances. on or in the Plupeny. Borrower shall ~ot do,
nor allow anyone else w do, anythin~ affecting the Property (a) that is in violation of any lEnvlronmental
Law, (b) which crea~es an t/nvironmen~l Condition, or (c) which, duc to the presewe, use, or release of a
Hazardous Substance, creates a condition that adversely 'affecis th~ value of the Property. The preceding
~wo sentences shall not. apply to the presence, use. or slorage on th~ Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Propert~ (in¢]ud/nl/, but not limited to, h'~'~'dous substances in consumer produc~s).
Borrower shall promptly give Lender wdrien notice of (a) any investilation, claim, demand, lawsuit
or other action by any §overnm~nul or wguiatory agency or private party involving the PwI~r~y and any
Hazardous Substance or' Environmental Law of which Borrow~ has a~al knowledge, (b) any
Hnvironmental Condition, including but not limited to, any sp/llini, leaking, discharie, release or threat of
release iof any Hazardous Substailce, and (c) any condition caused by the presence, use or release of a
Hazardous Subs~nce which adversely affeas thc value of the Properly. If Borwwer learns, or is notified
by any l/ovemmcntal or regulatory authority, or any pfiyal¢ party, thai any removal or other remediation
of any Hazardous Sub~ance affectin~ the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with ~avironmental Law. Nothing herein shall create any obligation on
Lender for an F. nvimnmental Cleanup.
23O
(~)~-6('~rY) (0008) PN. 12 of 18 Form 3061 1/01
NON-UNIi~ORM COVENANTS. Borrower and Lender further covenan; and aircc as follows:
22. Accderation; Remedies. Lende~ shall give notice to BorFower prior to scceleration following
Borrower*s breach of any cov~nnt or a~reement in this Security Instrmnent (but not prim' to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the defa~tl (b) the action required to cure the default; (c) a date, not less than 30 days from the data
the notice/s ~JYen to ]~orrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date spedfied in the notice may r~'ult in acceleration of the sum~ secured by
this Security Instrument and sale of the Property. The notice shall Further inform Borrower of the
right to r~i*t~tate 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 accderatton 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 fill] of
ali s~rns secured by this Security Xnstrument without l%~rther demand and may invoke the power of
sale and any other remedies per, fitted by Applicable Law. Lender shall be entitled to collect all
ex~ incurred in pursuin_; the remcdlcs provided in this Section 22, inClOdin_~r, b~t slot limited to,
reasonable attorneys' fees and costs ar title evidence.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to i~rro~er
and to the person in possession of the Proporty, if different, in accordance with Applicable Law,
Lender shall giye notice of the sale to Borrower in the manner provided in Section 15. Lender shall
publish the notice of sale, and the ProperlT shall be sold in tl~ manlier px~:ribed by Applicable
Law. Lender or its designee amy purchase the Property at any sale. The proceeds of the sale shall be
applied in the follo3~n~ order: (a) to all expenses of the sale, including, but not limited to,
reasonable attorneys' fees; (b) to all sums secured by ~tis Security Instrument; and (c) nny excess to
the person or persons legally entitled to it.
?.3. Release. Upon payment of all s~ms secured by This Security Instrulnent, Lender shall release this
Security Instrument. Borrower shall pay any recordation costs. Lender may charge Bon'ower a fcc for
releasing this Security Inst~m~nt, but only if the fee is paid ~o a fltird party for services re~dered and thc
char§in§ of the fee is permitted under Applicable Law.
24. Waivers. Borrower releases and waives all riklis under and by virtue of the homestead
ax~q~lion laws of Wyoming.
1/01
BY SIONING BELOW, Borrower accOp~s ~nd agre~ to the terms and covenalltS containod in this
~ccurity Instrument a~d in any Rider ex~uted by Borrower and recorded with it.
C~TZLLO ~ -Borrower .
'(Se~l)
-~orrowcr
(Seal)
-BoFrow~
(Se~l) (seal)
-Borrower -DoHower
(Sea) (Seal)
,ROHOW~. .Bon~wor
Form 3051 1101
~ATE OF WYOMING, LINCOLN
The foregoint~ instrument was acknowledged before mc O~ 13 th
day
C~mty ~;
of August, 2003
233
My Commission Expires:
November 4, 2006
lqo~rg l~bll*
305'1 1/01
234
'MANUFACTURED HOME RIDER
TO THE MORTGAGE/DEED OF TRUST/SECURITY DEED
This Rider is made this A~(}~ST 13, 2003 , and is incorporated into and amends
and supplements the Mortgage/Deed of Trust/Security Deed (the "Security Instrument") of the
same date, given by the undersigned (the "Borrower") to secure Borrower's Note to
W~T.~.S FA~.(30 ~OM~ MO:RTGAG~, INC.
(the "Lender") of the same date (the "Note") and covering
the Property described in the SecuriW Instrument and located at:
266 SAWMILL ~OAD, ALPINE, WY 83128
{Property Address}
Borrower and Lender agree that the Security Instrument is amended and supplemented to read
as follows:
The Property covered by the Security Instrument (referred to as "Property" in the
Security Instrument) includes, but is,not limited to, the Manufactured Home (Serial
Number, if required, ) affixed to the property legally described in the
Security Instrument,
B. Additional Covenants of Borrower
Borrower will comply with all state and local laws and regulations regarding the
affixafion of the Manufactured Home to the property described in the Security
InStrument including, but not limited to, surrendering the Certificate of Title {if
required) and obtaining the requisite governmental approval and accompanying
documentation necessary'to classify the Manufactured Home as real property
under state and local law.
The Manufactured Home described above will be, at all times and for all
purposes, permanently affixed to and part of the property described in the
Security Instrument.
Affixing the Manufactured Home to the property described in the Security
Instrument does not violate any zoning laws or other local requirements
applicable to manufactured homes.
NMFL i~3322 03/01
Page I of 2
By signing below, Borrower accepts and agrees to the terms and covenants contained
in this Manufactured Home Rider.
(s~) (s~)
-Borrower -Borrower
(Se~t) (Scat)
-Burrower -~ortowc~
STATE OF f~l~O~]:N(~ )
I$$-
COUNTY O~: LINCOLN I
l, the undersigned Notary Public, in and for the aforesaid State and County, do hereby certify
that
RIC~APm C Z~NGmR JR A~D JUANA CAST~LLO ZENG~R
Borrower(s), personally appeared before me in said County and acknowledged the within
instrument to be their act and deed. Given under mYJ3and and seal this 13~ day of
..... '-~otary pu~3lic ~__~/
My commission exPires: ~e~m~r 4. 2006
Page 2 of 2