HomeMy WebLinkAbout894001Return To:
HOMECOMINGS FINANCI^L NETWORK, INC
ONE MERIDIAN CROSSING, s:rE
MINNEAPOLIS, MN 55423
Loan Number: 041-853138~0
89I 00,1
Pre~ pared By:
HomeComings Financial Network
14850 Quorum Drive, Suite 500
Dallas, TX 75254
RECEIVED
· LINCOLN COUNT¥ CLERK
0,3 SEP 3 0 P~"I 2:2 t~
JSpace Above Tiffs Lhm F.r Rcc.rtling I)atal
MORTGAGE
MIN 100062604185313808
DEFINITIONS
Words used in multiple secttons of this document are defined below and other words are defined in
Sections 3, 11, 13, 18,.20 and 21. Certain rides regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated SEPTEMBER 2STH, 2003
together with all Riders to this documeut.
(B) "Borrower" is
BRADLEY JAY BRUDERER AND dOI SUZZETTE BRUDERER, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "M'ERS" is Mortgage Electrmfic Registratton Systems, Inc. MERS is a sepantte corporatim~ that is
acting solely as a nonfinee Ibr Lender and Lender's successors and assigus. MERS is the mortgagee
under this Security Iustrument. 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.
WYOMING-SIngle Family-Fannie Mae/Freddie IVlac UNIFORM INSTRUMENT WITH MERS
IVlFWY7770 (11/00) / 041-853138-0
1~)®-6AIWY) {ooos~.o~ ~
VMP MORIGAGE FORMS - [80OI521-7291
Form 3051 1/01
757
(D) "Lender" is HOMECOMINGS FINANCIAL NETWORK INC.
Lender is a CORPORATION
orgmfized and existing under tile laws of DELAWARE
Leuder"s address is 14850 QUORUM DRIVE, SUITE 500
DALLAS, TX 75254
(E) "Note" means the. promissory note signed by Borrower and dated SEPTEMBER 25TH, 2003
Tile Note states that Borrower owes Lender ONE HUNDRED THREE THOUSAND FIVE HUNDRED
]x2q' D NO/lO0 · Dollars
(U.S. $ 103,500.00 ) plus interest. Borrower has promised to pay tiffs debt in regular Periodic
Payments and to pay tile debt in full not later than OCTOBER 1ST, 2033
(F) "Property" means the property that is described below uuder the heading "Transfer of Rights iu the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interestl any prepayment charges and late charges
due under the Note, and all sums due under this Security lnstrumeut, plus interest.
tH) "Riders" means all Riders to this Security h~stru,nent that are executed by Borrower. The lbllowing
Riders are to be executed by Borrower [check box as applicable]:
~ Adjustable Rate Rider [--] Condominium Rider [--] Second Home Rider
~ Balloon Rider [---'] Plam~ed Unit Development Rider [~ 1-4 Fmnily Rider
~ VA Rider [---] Biwee~y Payment Rider [~ Other(s) [specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and adntitfistrative pales and orders (that have tile errect or law) as well as all applicable tim41,
non-appealable judicial opilfiOnS.
(J) "Community Association Dues, Fees, and Assessments" means all dues, tees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" memrs any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, wlfich is initiated through an electronic tennitml, telephmfic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial iustimtion to debit
or credit an account Such tern] includes, bul is not limited to, point-of-sale transfers, antomated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Sectiou 3.
tM) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other thau insurance proceeds paid under the coverages described in Section 5) fi)r: ti)
dmnage to, or destruction of, tile Property; (ii) condemuation or other taking of all or any part of the
Property; (iii) conveyance m lieu of condenmation: or (iv) lmsrepresentations of. or onfissious as to, tile
wdue and/or condition of the Property.
tN) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or de/huh on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled mnount due for ti) principal and interest under the
Note, plus (ii) any mnounts under Section 3 of tiffs Security htstrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regnlation, Regulatiou X (24 C.F.R. Part 3500), as they might be mnended from roue to
time, or any additional or successor legislation or regnlation that governs the stone subject matter. As used
m this Secnrity lustnm~ent, "RESPA" refers to all requirements and restrictions that are imposed iu regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" nnder RESPA·
MFWY7770 (11/00) ! 041-853138-0
(~-6AIWY} Iooom.o~
=age 2 ol 15 Form 3051 1/01
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations uuder the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
Tlfis Security Instrument secures to Lender: ti) the repayment of the Loan, and all renewals, exteusious and
inodificatious of the Note; aud (ii) tile pertbmm,ce of Borrower's cove,routs and agreements under
this Security h~stn~ment aud tile Note. For this purpose, Borrower does hereby mortgage, grant aud convey
to MERS (solely as nonfinee for Lender and Leuder's successors and assigns) and to tile successors
and assigns of MERS, with power of sale, the following described property located
in the COUNTY of LINCOLN :
[Type of Recording Jurisdiction] {Name of Recording Jurisdiction]
Legal description attached hereto and made a part hereof
ParcelID Number: 3119241002800
1771 HIWAY 241
AFTON'
("Property Address"):
which currently has the address of
, [Streetl
[City] , Wyoming 83110 IZip Code[
TOGETHER WITH all the improvements ilOW or hereafter erected ou the property, and all
easements, appurtemmces, and fixtures now or hereafter a part of the property. All replacements and
additious shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security lustmment as the "Property." Borrower understauds and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instmmeut, but, if necessary to comply with law or
custom, MERS (as nominee tbr Lender and Lender's successors aud assigns) has the right: to exercise any
or all of those iuterests, including, but not limited to, the right to foreclose and sell the Property; ami to
take any action required of Lender including, but not limited to, releasing and cauceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby couveyed aud has
the right to mortgage, graut aud convey the Property and that the Property is unencumbered, except
encumbrances of record. Borrower warrauts aud will defend generally the title to the Property against all
claims and demands, subject to rely eucunlbrauces of record.
THIS SECURITY INSTRUMENT combines uuitbm~ covenants fi)r uational use and uon-uuifonu
covenauts with limited wtriations by jurisdiction to ctmstltute a t, nifom~ security instrument covering real
property.
MFWY7770(II/O0) / 041-853138-0
(~-6AIWY } Iooom.o'~
P~ge 3 of ~5 ~ Form 3051 1/01
UNIFORM COVENANTS. Borrower aud Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and auy
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow ltems
pursuant to Section 3.. Payments due uuder the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other iustmment received by Lender as payment under the Note or this
Security Instmmeut is returned to Lender unpaid, Lender may require that any or all snbsequent paymeuts
due under the Note aud this Security lustrument be made in oneor more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, t,'easurer's check or
cashier's check, provided any such check is drawu upon an iustitution whose deposits are iusured by a
federal agency, iustmmentality, or entity; or (d) Electrouic Funds Transfer.
Payments are deelned received by Lender when received at the location designated iu the Note or at
such other location as may be desigmtted by Lender iu accordance with the notice provisions iu Section 15.
Leuder may returu any paylnent or partial payment if the paymeut tlr partial payments are insufficieut to
bring the Loau current. Lender may accept auy paymeut or partial payment iusufficient 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 schedt, led due date, then Lender need uot pay.
interest ou unapptied fnnds. Lender may hold such unapplied funds uutil 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 them to Borrower..If not applied earlier, such funds will be applied to the outstanding
principal balance nnder the Note immediately prior to foreclosure. No oft~et or claim which Borrower
nfight have now or in the future against Lender shall relieve Borrower frtnn making paylnents due under
the Note and this Security Instrument or pertbrming the covenants and agreements secured by.this Secnrity
lnsmnnent.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Leuder shall be applied in the following order of priority: (a) interest
due uuder the Note; (b) principal due under the Note; (c) amouuts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it bectune due. Any remaining tunouuts
shall be applied first to late charges, second to auy other amounts due under this Security lustrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower fl)r a delinquent Periodic Pay,nent which includes a
sufficieut amount tO pay any late charge due, the payment may be applied to the delinquent payment aud
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 cau be
paid in full. To the extent that any excess exists after the paymeut is applied to the full payment of one or
more Periodic Payments, such excess may be applied to auy late charges due. Voluntary prepaylneuts shall
be applied first to any prepayment charges and then as described in the Note.
Any application of paymeuts, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone tile due date, or chauge the muount, of the Periodic Payments.
3. Fu,ds for Escrow Items. Borrower shall pay to Leuder ou the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which eau attaiu priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents ou the Property, if auy; (c)
premiums tbr any and all insurance required by Lender under Section 5; and (d) Mortgage lnsurauce
premiums, if auy, or any sums payable by Borrowe,' to Leuder in lieu of tile payment of Mortgage
Insurance premiums in accordauce with the. provisions nf Section 10. These items are called "Esot-ow
Items." At urigination or at any time during the term of tile Loau, Lender may require that Conunmfity
Associatiou Dues, Fees, aud Assessments, if any, be escrowed by Borrower, and such dues, fees aud
assessmeuts shall be an Escrow Item. Borrower shall prompdy furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Fnnds for Escrow l'tems unless Lender waives
Borrower's obligatiou to pay the Funds lbr any tlr all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for auy or all Escrow Items at any time. Any such waiver may only be
iu writing. In the eveut ot' such waiver, Borrower shall pay directly, when and where payable, the mnounts
MFWY7770 (11/00) t 041-853138-0
(~-6A{WY)(ooo5).Ol P,9,4,~5 ~ Form 3051 1/01
U 4Oel 7gO
due for any Escrow Items for which payment of Funds lias been waived by Lender and, if Lender requires,
shall fimfish to Leuder receipts evidencing such payment widlin such time period its Lender nlay require.
Borrower's obligation to nlake such payments and to provide receipts shall for till purposes be deemed to
be a coveuant and agreement contained ill this Security Instrument, its tile phrase "covenant aud agreenlent"
is used itl Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower tails to pay tile mnount due for all Escrow heln, Lender may exercise its rights under sectkm 9
and pay such amount and Borrower shall theu be obligated trader Section 9 to repay to Leuder auy such
amount. Lender inay revoke the waiver as to ally tlr all Escrow Items at any time by a notice given in
accordance with Section 15 aud, upon such revocation, Borrower shall pay to Lender all Funds, and in
such mnounts, that are then required under this Section 3.
Lender may, at any dine, collect and hold Funds ill all mnount (at sufficient tO permit Lender to apply
the Funds at the time Specified under RESPA, and (bt not to exceed the maximum }mlount a lender Call
require under RESPA. Lender shall estimate the amouut of Funds due ou the basis of current data aud
reasonable estinlates of expenditures of future Escrow ltetns or otherwise ill accordance with Applicable
Law.
Tile Funds shall be 'held in all institutiou whose deposits are insured by a federal agency,
instrumentality, tlr entity (including Lender, if Lender is all institutiml whose deposits are so insnred) tlr ill
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Leuder shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Itelns, unless Lender pays Borrower interest {ltl the
Funds and Applicable Law permits Lender to make such a charge. Ulfless all agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
ally interest or earlfings on the Funds. Borrower aud Lender can agree itl writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an amlual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held ill escrow, as defined under RESPA, Leuder shall account Itl
Borrower tbr tile excess funds in accordance with RESPA. If there is a shortage of Funds held iu escrow,
its defined under RESPA, Lender shall notify Borrower as required by RESPA, aud Borrower shall pity to
Lender tile mnouut necessary to make up the shortage ill accordance with RESPA, but iu no more than 12
monthly paymeuts. If there is a deficiency of Funds held ill 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 ill accordance with RESPA, but in no luore than 12 monthly 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, titles, and impositious
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
gronnd rents on tlle Property, if any, and Conununity Associatiou Dues, Fees, and Assessments, if any. To
the extent that these items tire Escrow Itenis, Borrower shall pay thenl in the mauner provided itl Section 3.
Borrower shall promptly discharge any lien which has priority over this Security lnstrunlent unless
Borrower: (at agrees ill writing tO the payment of the obligation secured by tile lien itt a mauner acceptable
to Lender, but only so long as Borrower is performing such agreenlent; (bt contests the lien itl good thith
by, or defends against enforcemeut of the.lien itl, legal proceedings which ill Lender's opinion operate to
prevent the enforcement of the lien while those proceediugs are peuding, but ordy until such proceedings
are concluded; or (ct secures fronl the holder of the lien an agreemeut satisfactory to Lender subordinatiug
the lieu to this Security Instrument. If Lender d~tenuines that ally part of the Property is subject to a lien
which can attain priority over this Security hmtrument, Lender may give Borrower a notice identifyiug the
MFWY7770(II/O0) / 041-853138-0
(~-6AIWY}
P*9* s o~ ~s Form 3051 1/01
lien. Withiu 10 days of tile date Oll whic[~ that notice is giveu, Borrower shall satist'y the lieu tlr take oue or
more of the actions set forth above iu this Sectiou 4.
Lender may require Borrower to pay a oue-time charge lbr a real estate tax verification and/or
reporting service used by Leuder in conuection with mis Loau.
5. Property hrsurance. Borrower shall keep the improvements uow exisdug or hereafter erected ou
tile Property insured agaiust loss by fire, hazards included within the renu "extended coverage," aud any
other hazards includiug, but not limited to, earthquakes and floods, fi.)r which Lender requires insurance.
This insurance shall be maintaiued in the amounts (iucluding deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can chauge during tile renu of
the Loan. The insurance carrier providiug the iusurauce shall be choseu by Borrower subject to Lender's
right to disapprove Borrower's Choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this koau, either: (a) a one-time charge for flood zoue
detenniuation, certification aud tracking services; tlr (b) a oue-time charge filr florid zone detemfiuation
and certificatiou services and subsequent charges each time remappings or similar changes occur which
reasouably might affect such determiuatiou tlr certificatiou. B~rrower shall also be responsible for tile
13ayment of any lees imposed by the Federal Emergency lVlauagement Agency ill com~ectiou with the
review of ally flood zoue determination resultiug from an objection by Borrower.
If Borrower fails to maintain auy of tile coverages described above, Lender may obtain iusurance
coverage, at Lender's optiou and Borrower's expeuse. Lender is uuder no obligation to purchase ally
particular type tlr ~uuount of coverage. Therefore; such coverage shall cover Leuder, but might or might
not protect Borrower, Borrower's equity iu the Property, or the contents of the Property, against any risk,
hazard tlr liability and ufight provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the iusurance coverage so obtaiued might significal~tly exceed the cost of
insurance that Borrower could have obtaiued. Any amounts disbursed by Lender under this Secdon 5 shall
become additional debt of Borrower secured by this Security lustrument. These amouuts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such i,terest, upon uotice from
Lender to Borrower requestiug paymeut.
All insurauce policies required by Lender and reuewals of st,ch policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Leudcr as
mortgagee and/or as an addititmal toss payee. Lender shall have the right to hold tile policies and reuewal
certificates. If Lender requires, Borrower shall promptly give to Leuder all receipts of paid premiums and
renewal notices. It' Borrower obtains any Jrbnu of insurance coverage, not otherwise required by Lender,
fi)r damage.to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall nmne Lender as mortgagee and/or as an additioual loss payee.
In tile eveut of loss, Borrower shall give prompt notice to the insurauce carrier and Lender. Lender
may make proof of loss if uot made promptly by Borrower. Ulfiess Leuder aud Borrower otherwise agree
iu writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoratiou tlr repair of the Property, il' the restoratiou or repair is economically feasible and
Leuder's security is not lessened. During such repair aud re~,toratiou period, Lender shall have tile right to
hold such insurance proceeds until Lender has had an npportunity to inspect such Property to ensure the
work has been completed to Lender's satisf~tctiou, provided that such inspectiou shall be uudertaken
promptly. Leuder may disburse proceeds for the repairs and restoration ill a siugle payment or in a series
of progress payments as the Work is completed. Unless an agreemeut is made in writing or Applicable Law
requires interest to be p'.aid on such itzsurance proceeds, Lender shall not be required to pay Borrower any
iuterest or eanfings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
tile restoration or repair is not economically feasible or Lender's security would be lessened, the iusurance
proceeds shall be applied to the sums secured by this SecUrity Iustrument, whether or uot then due, with
IVIFWY7770 (l 1/00) / 041-853138-0 l~,,t,~
(~-6A(WYJlooos~.o'~ V~ge6~S ~. Form 3051 1101
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Bom)wet abandons the Property, Lender nlay file, negotiate aud settle any available insurance
claim and related matters. If Borrower does not respoud wiflfin 30 days to a nodce from Lender that the
insurance carrier has offkred to settle a claim, fl~en Leuder may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or oIherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurauce
proceeds in an amount not to exceed the mnoums unpaid under the N6te or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any retired of unearned premiums paid by
Borrower) under all insurance policies covering the Property, iusothr as such rights are applicable to the
coverage of the Property. Lender may use the i~ksurance proceeds either to repair or restore thc Property or
to pay amounts uupaid under the Note or this Security Instrument. whether or uot then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence withiu 60 days aficr the executitm of this Securi[y Instrument and shall coutmue to occupy the
Property as Borrower's principal residence fi)r at least one year after the date of occupancy, unless Lender
otherwise agrees in wrifng, which consent shall not be m~easolmbly witlfl~eld, or UldeSS extenuating
circumstances exist which are beyond Borrower's controh
7. Preservation, Maintenance and Protection of the Prope~y; Inspections. Borrower shall uot
destroy, dmnage or impair the-Property, allow the Property to deteriorate or commit waste on thc
Property. Whether or not Borrower ~s residing in the Property, Borrower shall maintain the Property in
order to prevent the Property fi-om deteriorating or decreasiug in value due to its condition. Unless it is
determined pursuant ro Section 5 that repair or restoratkm ~s not economically fkasible, Borrower shall
promptly repair the Property if dtmmged to avoid fimher deterioration or damage. If insurauce or
condemnatiou proceeds are paid in conuection with dmnage to, or the taking of, the Property, Borrower
shall be responsible tbr repairing or restoring the Property only if Lender has released proceeds fbr such
pu~oses. Lender may disburse proceeds tbr the repairs and restoration m a single payment or in a series of
progress payments as the work is completed. If the insurance or condennmtiol~ proceeds are not sufficienl
to repair or restore the Property, Borrower is not relieved of Borrower's obligation tbr the completiou of
such repair or restoration.
Lender or its ageut lnay make reaso~mble entries upon and inspecnons of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an iutertor inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in dehult if, during the Loau application
process, Borrower or any persons or entrees acting at the direction of Borrower or with Borrower's
knowledge or consent gave materi~dly fidse, misleading, or inaccurate infimnation t~r statements to Lender
(or fitiled to provide Lender with material intbrmation) i~ ctmnection with the Loan. Material
representations include, but are not limited to, represmmmons conceruing Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lemler's Interest in the Property and Rights Under this Security instrument. If
(a) Borrower hils m pertimn the cove~mnts aud agreements contained in this Security h~stmment, (b) there
is a legal proceeding that might sig~fificantly aflbcl Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in ban~ptcy, probate, lbr condemnation or tbrlkiture, ~i~r
enfbrcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, theu Lender may do and pay tbr whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, includiug 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 lieu
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
MFWY7770 (11/00) / 041-853138-0 Initia~
~6A{WY} IOOOS~.O1 P~O~ 1 o* 1S ~~ Form 30$1 1/O1
763
attorneys' fees to protect its interest in the Property and/or rights under this Security ll~strument, iucluding
its secured position in a bmflcruptcy proceeding. Securing the Property includes, but is not linfited to,
eutering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violatious or dangerous conditious, and have utilities turued
ou or off. 'Although Lender may take action under this Section 9, Lender does not have to do so aud is not
under auy duty or obligation to do so. It is agreed that Lender incurs no liability Ibr not ta~ng any or all
actions authorized under this Section 9.
Any mnouuts disbursed by Lender under this Section 9 Shall become additional debt of Borrower
secured by this Security lustrument. These mnotmts shall bear interest at the Note rate from the date of
disbnrsement and shall be payable, with such iuterest, upou notice from Lender to Borrower requestiug
payment.
If this Security lustmmeut is on a leasehold, Borrower shall comply with all fl~e provisions of the
lease. If Borrower acquires t~e tide to the Property, the leasehold aud the l~e title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage lusurauce. If Leuder required Mortgage lusurance as a condition of nlakiug the Loan,
Borrower shall pay the prenfiums required to maintain the Mortgage Insurance iu effect. If, [Bt any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from fl~e mortgage insurer that
previously provided such insurance aud Borrower was required to make separately designated payments
toward the premiums fi>r Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurauce previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage hmurance Previously iu effect, from an alternate
mortgage iusnrer selected by Lender. If substantially equivaleut Mortgage lnsurauce coverage is not
available, Borrower shall continue to pay to Lender the mnount o[ the separately designated payments that
were due when the insurauce coverage ceased to be iu effect. Lender will accept, use aud retaiu these
payments as a m)n-relhndable loss rese~e in lieu of Mortgage Insurance. Such loss rese~e shall be
non-reflmdable, notwithstandiug the thct that the Loau is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such h)ss reseme. Lender can no louger require loss
reserve payments if Mortgage Insurance coverage (iu the mnount and ~br 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 premium~ tbr Mortgage Insurance. If Lender required Mortgage
Iusurauce as a condition of maMng the Loau and Borrower was required m make separately desiguated
payments toward the premiums tbr Mortgage Insurauce, Borrower shall pay the premiums required m
maintain Mortgage Insurauce in effect, or to provide a non-reMudable loss rese~we, until Lender's
requirement tbr Mortgage Iusurance euds in accordance with any written agreement betweeu Borrower and
Lender providing for such termination or uutil tenninatiol~ is required by Applicable Law. Nothiug in this
Section 10 aftEcts Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage lusurance reimburses Lender (or any entity that purchases ll~e Note) lbr certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
lnsunmce.
Mortgage insurers evaluate their total risk on all such insurauce in fbrce from time to time, and may
enter into agreemeuts with other parties that share or modif~ their risk, or reduce h)sses. These agreements
are oa terms and conditions that are satisfitctory to the luortgage insurer aud the other party (or parties) to
tl~ese agreements. These agreements may require the mortgage insurer to make paymeuts using auy source
of Mnds thai the mortgage iusurer may have awtilable (wlfich inay include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the lbregoing, may receive (directly or indirectly) amounts that
derive from (or nfight be characterized as) a portiou of Borrower's payments lbr Mortgage [nsurauce, iu
exchange tbr slmring or modit~ing the mortgage insurer's risk, or reduciug losses. If such agreement
provides that an affiliate of Lender takes a share of the iusurer's risk in excbauge flu' a share of the
prenfiums p&id lo the iusurer, tim arrangement is often remind "captive reiusurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mo~lgage Insurance, or any other terms of the Loau. Such agreements will not increase the amouut
Borrower will owe for Mo~xgage Insurance, and they will uot entitle Borrower to any refund.
MFWY7770 (11/00) t 041-853138-0 ~~
~6AIWY) (ooos).ol Page 8 of 15 ~ Form 3051 1/01
Cb) 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 inch)de the right to receive certain disclosures, to request and obtain caucellation 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.
l l; Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaueous Proceeds are hereby
assigned to aud shall be paid to Lender.
If tile 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, Leuder shall have the right to hold such Miscellaneous Proceeds
until Lender has had au opportulfity to inspect such Property to ensure the work has been completed to
Lender's satislhction, provided that such inspectiou shall be undertaken promptly. Lender may pay_ fi)r the
repairs and restoration in. a single disbursement or iu a series of progress paymeuts as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Leuder shall not be required to pay Bom)wet any interest or ear~fings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the.sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Snch Miscellaueous Proceeds shall be
applied iu the order provided fi~r in Sectioo 2.
In tile eveut of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied ti) the sums 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
wdue of the Property immediately before the partial taking, destruction, or k)ss in wdue is equal to or
greater than the amount of the sums secured by dfis Security Instrument immediately before the partial
taking, destruction, or loss in wtlue, unless Borrower and Leuder otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the ~m~ount of the Miscellaneous Proceeds
multiplied by the folluwing fractiou: Ca) the total mhouut of the sums secured immediately before the
partial taking, destruction, or loss in value divided by Cb) the fair market value of the Property
inunediately heft)re tl~e partial takiug, destruction, or loss in value. Auy balauce shall be paid to Borrower.
In the event of a partial taking, destruction, or loss iu value of the Property'iu which the fair market
value of the Property inm~ediately before the partial taking, destruction, or loss iu value is less than the
amount of tile sums secured immediately betbre the partial taking, destruction, or loss itl value, uulcss
Borrower and Lender otherwise agree iu writing, the Miscellaneous Proceeds shall be applied to thc sums
secured by this Security Instrument whether or uot the sums are theu due.
If the Property is abandoned by Borrower, tlr if, after notice by Leuder to Borrower that the
Opposing Party (as defined in the next senteuce) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender withia 30 days alter 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 agaiust whom Borrower has a right of actiou in
regard to Miscellaneous Proceeds.
Borrower shall be in defimlt if any actiol! or proceeding, whetlier civil or crinfimd, is begnn that, in
Lender's judgment, could result in tbrfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Iustmment. BorroWer can cure such a default and, if
acceleration has occurred, reiustate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judglnent, precludes tm-feiture of the Property or other material
impairment of Lender's interest in the Property ol- rights under this Security Instrulnelm The proceeds of
any award or claim for damages that are attributable to the impaim)ent of Lender's interest iu the Property
are hereby assigned and shall be paid to Leuder.
All Miscellaueous proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
MFWY7770 (11/00) / 041-853138-0
(~-6AIWYI Iooo5).Ol
Form 3051 1/01
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time I'or
payment or modification of amortization of the sums secured by this Security Ii~stnunent granted by Leuder
to Borrower or any Successor iu Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Leuder shall uot be required to COlumeuce proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modil--y
muortizatiou of tile sums secured by this Security Iustrument by reasou of any demand made by the original
Borrower tlr any Successors in Interest of Borrower. Asly filrbearance by Lender iu exercising any right or
remedy includiug, without limitation, Leuder's acceptance or' payments from third persous, entities or
Successors iu Interest of Borrower tlr iu amounts less thau the amount then due, shall m)t be a waiver or' or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
aud agrees that Borrower's obligations and liability shall be joint aud several. However, auy Borrower who
co-sights this Security Instrumeut but does not execute the Note (a "Ch-Signer"): (a) is ch-signing tiffs
Security Instrument rally to mortgage, grant and cnnvey the Ch-signer's inlerest in tile Property under the
terms of this Security lnstnuneut; (b) is not persoually obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender aud auy other Borrower can agree to exteud, modify, t'orbear or
make any accmmnodations with regard to the temls of this Security lustrument or tile Note without the
co-siguer's consent.
Subject to the provisious of Section 18, auy Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in wl'iti,lg, aud is approved by Leander, shall obtain
all of Borrov~,er's rights aad benefits under this Securi'ty lnstrumeat. Borrower shall not be released from
Borrower's obligati(ms and liability under this Security Instrument unless Lender agrees to such release in
writiug. The covenauts and agreements of this Security lnstn, ment shall bind (except as provided in
Sectiou 20) and beuefit the successors aud assigus of Leuder.
14. Loan Charges. Lender may charge Borrower tees t'or services performed ill com~ection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security lnstnm~ent, including, but not limited to, attorneys' tees, property iuspection and valuation tees.
Ill regard to any other fees, the absence of express authority in tiffs Security Instrument to charge a specific
f'ee to Borrower shall not be construed as a prohibition on the charging of such tee. Lender may uot charge
tees that are expressly prohibited by this Security instrument or by Applicable Law.
If tile Loan is subject to a law which sets maximum loan charges, aud that law is finally interpreted so
that the interest or other loan charges collected or to be collected in counection with the I.oall exceed tile
penuitted limits, then: (a) auy such loan charge shall be reduced by the amount necessary to reduce tile
charge to the penuitted limit; and (b) any sums already collected t'rom Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed uuder tile Note or by making a direct payment to Borrower. If a refund reduces priucipal, the
reduction will be treated as a partial prepayment without any prepaymem charge (whether tlr uot a
prepayment charge is provided for under the Note). Borrower's acceptance of any such retBud made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
or' such overcharge:
15. Notices. All notices giveu by Borrower or Lender in com~ection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security lnstrumeut shall be deemed to
have been given to Borrower when mailed by .first class mail or whe,t actually delivered to Bornlwer's
notice address if sent by other meaus. Notice to any one Borrower shall constitute uotice to all Borrowers
t, nless Applicable Law expressly requires.otherwise. The uotice address shall he the Property Address
unless Borrower has designated a substitt, te notice address by notice to Lender. Borrower shall promptly
uotit'y iLeuder of Borrower,'s chauge of address. If Lender specifies a procedure fi)r reportiug Borrower's
change of address, then Borrower shall only repor~ a change of address through that. specified procedure.
There may be only one designated notice address under this Security lnstn, meut at any one dine. Ally
uotice to Lender shall be given by deliveriug it o,- by mailing it by first class mail to Lender's address
stated herein unless Lemler has designated auother address by notice to Borrower. Ally uotice iu
cotmection wid~ dfis Security h~strument shall not be deemed to have been giveu to Lender until actually
receiged by Lender. If any uotice required by this Security Insmm~ent is also required uuder Applicable
Law, the Applicable Law requirement will satisfy the correspouding requiremeut uuder this Security
Instrument.
IVlFWY7770 (I 1/00) / 041-853138-0
1~-6AIWY) (ooos).ol Parle ~Oof ~S ~~ Form 3051 1/01
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law aud the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree hy contract or it
might be sileut, but such sileuce shall not be construed as a prohibitiou agaiust agreement by contract. In
the event that any provision or clause of this Security lustmment or the Note conflicts with Applicable
Law, such couflict shall not affect other provisions of this Security Instrument or the Note which eau be
given effect without the conflicting provisiou.
As used iu this Security Instrument: (a) words of the masculiue gender shall mean and include
correspondiug neuter words or words of the femi~fine geuder; (b) words in the singular shall meau and
include the plural aud vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy.,Borrower shall he giveu one copy of the Note and of this Security Instmmeut.
18. Transfer of the Prope~y or a Beneficial Inter~t in Borrower. As used in this Section 18,
"Interest in the Property" meaus any legal or beneficial interest'iu the Property, including, but not limited
to, those beneficial interests traast~rred in a bond liar deed, contract ti}r deed, installment sales contract or
escrow agreement, the intent of which is the trauslkr of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Iuterest in the Property is sold or transt~rred (or if Borrower
is uot a natural persou aud a beoeficial iuterest in Borrower is sold or trmmtkrred) without Leuder's prior
writteu consent, Lender may require iuunediate payment in fidi of all sums secured by this Security
Instrument. However, this optiou shall not be exercised by Lender if such exercise is prohibited by
Applicable .Law.
If Leuder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is eiveu in accordance with Sectiou 15
within which Borrower must pay all sums secured by this Security lnstmmeut. If Borrower thils to pay
these sums prior to the expiration of this period, Leuder may invoke any remedies pemfitted by this
Security Iustmmeut without hrther notice or demaud ou Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enfi)rcement of this Security Instrument discontinued at auy time
prior to the earliest of: (a) rive days befi)re sale of thc Property pursuaut to auy power of sale comaiucd in
this Security lnslruu~ent; (b) such other period as Applicable Law might specify fl~r the temfinatiou of
Borrower's right to reinstate; or (c) entry of a judgment enlm'cing this Security Instmmeut. Those
conditions are that Borrower: (a) pays Lender all sums which then wonld be due uuder this Security
Instrument and the Note as if no acceleratiou had occurred; (b) cures auy defhult of any other covenants or
agreements; (c) pays all expeuses iucurred ia entbrcing this Security lustrumeut, includiug, but.not limited
to, reasonable attorneys' tkes, property inspection and valuation t~es, aud other t~es incurred tbr the
pu~ose of protecting Lender's iuterest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights uuder this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
[nstmment~ shall coutinue unchanged. Lender may require that Borrower pay such reinstatement sums aud
expenses in one or more of the fbllowing lbnns, as selected by Leuder: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided auy such check is drawn upou
an iustitutiou whose deposits are insured by a t~deral agency, instrumeutality or entity; or (d) Electronic
Funds Transtar. Upou reiustatemeut by Borrower, this Security lustrumeut and obligatious secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration uuder Section 18.
20. Sale or Note; Change oF Loan Servicer; Notice oF Grievance. The Note or a partial iuterest iu
the Note (together with this Security Iustrumeut) can be sold one or more times without prior uotice to
Borrower. A sale nfight result iu a chauge in the eutity (knowu as the "Loau Servicer") that collects
Periodic Payments due under the Note and this Security Instrument aud pertimns other mortgage loan
servicing obligatkms under the Note, this Security lnstmmeut, and Applicable Law. There also might be
one or more changes of the Loan Se~icer tuuelated to a sale of the Note. If there is a change of the Loan
Semicer, Borrower will be giveu written notice of the change which will state the mune and address of the
new Loan Servicer, the address to which payments should be made and any other iutimnation RESPA
MFWY7770(II/00) / 041-853138-0
~A{WY) .ooosLo~ P~9e ~ of ~ ~~ Form 3Ofi3 1/O3
requires iu couuection with a notice of transt.er of servicing. If tile Note is sold and thereal-'ter tile Loan is
serViced by a Loan Servicer other tbau the purchaser of the Note, the mortgage loan smwicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer aud tire not
assmned by the Note purchaser unless otherwise provided by tine Note ptmrchaser.
Neither Borrower uor Lender may conuneuce, join, or be joined to any judicial actitm (as eiiher au
individual litigant tlr tine 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 auy duty owed by
reason of, this Security Instrument, until such Borrower or Lender has uotitied the other party (with such
notice given in compliance with the requirements of Sectiou 15) of such alleged breach and aft.orded the
other party hereto a reasonable period after tine giviug of snch notice to take corrective action. It'
Applicable Law provides a time period which must elapse befilre certaiu action can be taken, that time
period will be deemed to be reasonable t.or purposes of this paragraph. Tile uotice of acceleration and
opportunity to cure given tO Borrower pursuant to Section 22 and the notice of acceleratitm given to
Borrower pursuant to Sectiou 18 shall be deemed to satisfy tine notice and opportuuity to take corrective
action provisious of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardotms Substauces" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law aud the
fi)llo,x, ing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials c'ontai~fing asbestos or fimnaldehyde, and radioactive materi,als;
(b) "Environmental Law" meaus federal laws and laws of the jurisdiction where tine Property is located that
relate to health, safety or euviromnental protection; (c) "Environmental Cleanup" includes auy response
action, remedial action, or removal action, as defiued iu EnvirommmlNtal Law; and (d) ami "EINvironmental
Condition" means a condition that can cause, coutribute to, tlr otherwise trigger ,iii Environmeutal
Cleannp.
Borrower shall uot cause or permit the preseuce, use, disposal, storage, or release of any Hazardous
Stmbstances, or threateu to release any Hazardous Substauces, ou or ih the Property. Borrower shall mit do,
m~r allow auyone else to do, auything affecting tine Property (a) that is in violatiou of any Euvironmental
Law, (b) which creates an Euviromnental Condition, or (c) which, due to the presence, use, or release of a
H~Lzardous Substauce, creates a coudition that adversely affects tine value of tile ProPerty. The preceding
two sentences shall not apply to the presence, . use, or storage ou the Property of small quautities of
Hazardous Substances that are geuerally recognized to be appropriate to normal residential uses and tt)
maintenance of the Property (including, but not limited to, hazardous substances iu cousuu~er products).
Borrowe,' shall promptly give Lender writteu notice t}f (a) any investigation, claim, demaud, lawsuit
or other action by any governmental or reguhtt0ry agency or priwtte party involving the Property and any
Hazardous SubStance tlr Environmental Law ot: which Borrower has actual knowledge, (b) any
Enviromne,~tal Condition, including but uot limited to, any spilliug, leaking, discharge, release tlr threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use t)r release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is uotified
by any govermnental or regulatory authority, or any private party, that any remowtl tlr other remediation
of auy Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Envirt~nmental Law. Nothing herein shall create any obligatiou on
Lender fi)r an Enviromneutal Cleanup.
MFWY7770(II/00) / 041-853138-0
Page 12 ol Is Form 30.~1 1101
768
NON-UNIFORM COVENANTS. Borrower and Lender flmher covenant aild agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any coveuant 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 actiou 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 stuns 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 actiou to assert the non-existence of
a default or any other defense of Borrower to accele,'ation and sale. If the default is not cured ou or
before the date specified in the notice, Lender at its option nmy require immediate payn~ent in full of
all sums secured by this Security lustrmnent wi/bout 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 iutent to foreclose to Borrosver
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 iu the nmnner prescribed by Applicable
Laxv. 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.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Security Ii~strument. Borrower shall pay any recordation costs. Lender may charge Borrower a tee tbr
releasing tlfis Security Instrument, but mtly if the tee is paid m a third party for services rendered and the
charging of the t~e is permitted under Applicable Law.
24. Waivers. Borrower releases and waives all rights under alld by virtue of the homestead
exemption laws of Wyolning.
MFWY7770(II/00) / 041-853138-0
(~D~-6AIWY}
Page~aofl5 ~ ~ Form 3051 1/01
BY SIGNING BELOW, Borrower accepts and agrees to tile terms and cove~mnts contained itl this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seat)
q]orrower
(Seal)
-Borrower
(Seal)
-Borrower
IvlFWY7770 (11/00) 041-853138-0
(~6AIWYI Iooos~.Ol
Form 3051 1/01
STATE OF WYOMING, Lincoln County ss:
The foregoing instrument was aclo~owledged before me this 2-~l~h,'day' of :September, 2003
by
BRADLEY JAY BRUDERER AND JOI SUZZETTE BRUDERER, HUSBAND AND WIFE
MFWY7770 (11/00) 041-853138-0
{~-6AlWY} ~ooosLol
Page 15of 1.5 Form 3051
1/Ol
LEGAL DESCRIPTION
771
Part of Section 24, T3 iN R119W of the 6th P.M., Lincoln County, Wyoming more particularly
described as follows:
Beginning at a point 60 feet North of the Southeast corner of the NEt,6 of said Section 24 and
running thence West 264 feet;
thence North 165 feet;
thence East 264 feet;
thence South 165 feet to the point of beginning.
ALSO
Part of Section 24, T31N Ri 19W of the 6th P.M., Lincoln County, Wyoming more particularly
described as follows:
Beginning at the Southeast corner of the SE~ANE~,~ of said Section 24 and running thence West
264 feet;
thence North 60 feet;
thence East 264 feet;
thence South 60 feet to the point of beginning.