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HomeMy WebLinkAbout89439789h397 RECEIVED LINCOLN COUNTY 03 OCT Ih PH CLERK I: · E, OOK'°~'3(~ pRPAGE 416 After Recording Return To: COM/473NI TYLER I CA CREDIT 9777 RIDGE DRIVE LENEXA, KS 66219 UNION [Space Above This Line For Recording Data] LlrMER MORTGAGE PARCEL NUMBER: 1414634715 21162311519900 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined m Sections 3, 11, 13, 18, 20 and 21. Certain roles regardh~g the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document, which is dated OCTOBER 10, 2003 together with all Riders to this document. (B) "Borrower"is ANTHONY E LYMER AND APRIL A LYMER HUSBAND AND WIFE Borrower is the mortgagor under this Security instrument. (C) "Lender" is COMlvlT/NITYAMERICA CU Lender is a STATE CHARTERED CREDIT UNION organized and existing under the laws of MISSOURI . Lender's address is 9777 RIDGE DRIVE LENEXA, KS 66219 Lender is the moagagee under this Security Instrument. (D) "Note" means the pronfissory note signed by Borrower and dated OCTOBER 10, 2003 The Note states that Borrower owes Lender THIRTY-THREE THOUSAND ARD 00/100 Dollars (U.S. $ 33,000.00 ) plus interest. Bmxower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEm3ER 1, 2018 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under tliis Security Instrument, plus interest. WYOMING - Single Fanfily - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCUIWYi (Page 1 of l 3 pages) , DOCU1WY1. VTX 11/04/11000 Form 3051 1/01 417 G) "Riders" means all Riders to this Security Instrument that are ex¢cuted by Borroxver. The folloxving Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider [] Balloon Rider [] 1-4 Fanfily Rider [] Condominium Rider [] Planned Unit Development Rider [] Other(s) [specify] [] Second Home Rider [] Biweekly Payment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative roles and orders (that have the effect of law) as well as all applicable final, non-apPealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Bon'ower or the Property by a condonfinium association, homeowners association or sinfilar organization. (J) "Electronic Funds Transfer" means any transfer of fimds, other than a transaction originated by check, draft, or sinfilar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ' (K) "Escrow Items" means those items that are described in Section 3. {L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insnrance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property; (iii) conveyance in lieu of conde~nnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defanlt on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any mnounts under Sectiou 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. {}260l et seq.) and its implmnenting regulation, Regulation X (24 C.F.R. Par~ 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Secnrity Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "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 under the Note and/or tlfis Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mo,-tgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the COUNTY (Type of Recording Jurisdiction of LINCOLN : (Name of Recording Jurisdiction) LOT 3, OF BLOCK 55 IN THE SECOND ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. which currently has the address of 610 OPAL ST KEM/VlERER ,Wyoming 83101 [City] [Zip Code] WYOMING - Single Fmnily - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Docu ~ w~ (Page 2 of 13 pages) ,~ocm~.vTx n/o4/~0o0 [Street] ("Property Address"). Form 3051 1/01 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenauces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Secnrity Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for enculnbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to ally encunrbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrunrent covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, aud Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instlmnent be made in one or more of the following forms,,as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note Or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender nmy return any payment or partial payment if the payment or partial payments are h~sufficient to bring the Loan current. Lender may accept any payment or' partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cnrrent. 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 under the Note immediately prior to foreclosure. No offset or claim which Borrower nfight have now or in the future against Lender shall relieve Borrower from making pay~nents due nnder the Note and this Secnrity Instrument or perfortning the covenants and agreements secured by this Sectmty Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such paytnents shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other anmunts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Pay~nent which includes a sufficient amount to pay any late charge due, the pay~nent may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received l¥om Borrower to the repayment of the Periodic PaYments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to tile full payment of one or more Periodic Payments, such excess may be applied to any late charges dne. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Fuuds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 r~ocm wY3 (Page 3 of 13 pages) DOCUI!~Y~ .v~x 11/04/~000 08 343 '? t 19 required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any snms payable by Borrower to Lender in lieu of tile payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Bon'ower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fim~ish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Itents unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Bon'ower shall pay directly, when and where payable, the ainounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing st, ch payment within snch time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time bya notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may,. at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxilnum amount a lender can require under RESPA. Lender' shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or othe~vise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposit~ are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the thne specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requh-es interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an am~ual accounting of the Funds as requked by RESPA. If there is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account td Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as reqnired by RESPA, and Borrower shall pay to Lender the amount necessary to make up tile shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as de£med under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borro~ver any Funds held by Lender. 4. Charges; Liens.'Borrower shall pay all taxes, assessments, charges, frees, and impositions attributable to the PrOperty which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Cmmnunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien xvhile those proceedings are pending, bnt only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCUIW¥4 (Page 4 of l 3 pages) nocu~ .v~x Form 3051 1/01 420 that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service nsed by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Properly insnred against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender reqnires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term Of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leuder's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time Charge for flood zone determination, certification and tracking services; or (b) a one-tiine charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determinatiou or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Leuder is under no obligation to purchase any particular type or anrount of coverage. Therefore, snch coverage shall Cover Lender, but might or might not protect Borrower, Borrower's eqnity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might' significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These ~amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insnrauce policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,~ Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clanse and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shallgive prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econonfically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insnrance proceeds until Lender has bad an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreenrent is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not ecouomically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insnrance carrier has offered to settle a clahn, then Lender 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 otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed flxe amounts unpaid under the Note or tiffs Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) tinder all insurance policies covering the Property, insofar as such rights WYOMING - Single Family - Faonie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 DOCU~ W'V5 (Page 5 of 13 pages) DOCUi','~Y5. VTX 11/04/200{3 are applicable to the coverage of tim Property. Lender may use the insurance proceeds either to repair of restore the Prope~y or to pay amouuts unpaid under the Note of this Security Instrument, ~vhether or not then due. ~. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence ~ithin 60 days after the execution of this Security Instrument and shall coutinue to occupy the Property as Borrower's principal residence for at least one year after the date of occupaucy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably witlfl~eld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Iuspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not econonfically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnatiou proceeds are paid in cmmection with damage to, or the taking of, the Property, Borrower shall be respousible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single pay~nent or m a series of progress payments as the work is completed. If the insurance or condenmatiou proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completiou of such repair or restoration. Lender or its agent may make reasonable entries upon and inspectious 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 interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the directiou of Borrower or with Borrower's knowledge or consent gave materially false, nfisleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not linfited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants aud agreements contained in this Security Instrument, (b) there is a legal proceeding that'nfight significantly affect Lender's interest in the Property and/or rights nnder this SecUrity Instrument (such as a proceeding in baukmptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions cau include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instmn~ent; (b) appearing in com't; aud (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instmmeut, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairS, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender~may take action under this Section 9, Lender does not have to do so and is not under auy duty or obligation to do so. It is agreed that Lender incurs no liability for uot taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument 'is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or temfinate or cancel the ground lease. Bon-ower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the prenfiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the preminms for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to WYOMING - Single Family - Famfie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 nocutwY6 (Page 6 of l $ pages) l, OCUi,~.wx xx/0~/~000 422 the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, front an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when tile insurance coverage ceased to be in effect. Lender will accept, nse and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refi~ndable, notwithstanding the fact that the Loan is nltimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insnrance coverage (in the amount and for the period .that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separatelY designated payments toward the prentiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward tile premiuins for Mortgage Insurance, Borrower shall pay the prenfiums required to maintain Mortgage Insurance in effect, or to provide a non-refi~ndable loss reserve, nntil Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loau as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that .are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may 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 foregoing, may receive (directly or indirectly) amounts that derive from (or ~night be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insnrer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the Premiums paid to the insurer, the arrangement is ofleu tem~ed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Iusurance terminated antomatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restoratiou or repair of the Property, if the restoration or repair is econonfically feasible and Lender's security is'not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to eusure the ~vork has been completed to Lender's satisfaction, provided that snch inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law reqnires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Misc'ellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrunmnt, whether or not then dne, with the excess, if any, paid to Borrower. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 DOCU ~ WY? (Page 7 of 13 pages) DOCUi~7 .VTI 11/0t/2000 In the event of a partial taking, destruction, or loss in value of tile Property in which the fair market value of the Property inm~ediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured inmredi.ately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before the partial taking, destruction, or loss in value. AnY balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property imxnediately before the partial taking, destructiou, or loss in value is less than the amount of the sums secured irmnediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrun~ent whether or no/the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action iu regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgmeut, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default aud, if acceleration has occurred, reinstate as provided in Section 19, by causing the actiou or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under'this Security Instrument. The proceeds of any award or claim for datnages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to.restoration or repair of the Property shall be applied in tl~e order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or ahy Successor in Interest of BOrrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conm~ence proceedings against any Successor in Interest of Borrower or to refl~se to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrmnent by reason of any demand made by the original Borrower or any Successors in h~terest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without li~nitation, Lender's acceptance of payments from third persous, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint aud several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instnnnent only to mortgage, grant and convey the co-signer's interest in the Property nnder the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Bon'ower can agree to extend, modify, forbear or nkake any acco~mnodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in cmmection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any WYOMING - Single Fanfily - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 l)ocmwvs (Page 8 of I3 pages) DOCUI~r~8 .VTI 11/04/20o0 $34 3'7 *'424 other fees, the absence of express authority in this Security Instmnrent to charge a specific fee to Borrower shall not be construed as a prohibition on fl~e charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that~ the interest or other loan charges collected or to be collected in connection with the Loan exceed the pertnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernfitted limit; and (b) any sums already collected from Borrower which exceeded perufitted limits will be refunded to Bon'ower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refnnd reduces principal, the reduction will be treated as a partial prepay~nent without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitnte a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in coxmection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitme notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be file Property Address unless Borrower has designated a substitute notice address by notice to Lender~ Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a pr0cednre for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one ti~ne. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal, law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any reqnirements and limitations of Applicable Law. Applicable Law nfight explicitly or hnplicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts' with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which cau be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Iuterest in Borrower. As used in this Section 18, "Interest in the.Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of wliich is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by'Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower nmst pay all snms secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any rmnedies pernfitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCU~ WV9 (Page 9 of 13 pages) ~o~.~x z~/0~/~000 Form 3051 1/01 (a) five days before sale of the Property pursnant to any power of sale contained in this Security Insffument~ such other period as Applicable Laxv might specify for the termination of Borrower's right to reinstate; or (c) entry of a j~_~dgment euforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occnrred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred iu enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, aud other fees incurred for the propose of protecting Lender's interest in the Property and rights under this Security h~stmment; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Iustmment, and Borrower's obligation to pay tl~e sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified dheck, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrnmentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall re~nain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleratiou under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievauce. The Note or a partial interest in the Note (together with this Secnrity Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change .in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also nfight be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection xvith a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by file Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conunence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Secnrity Instrument Or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this p.aragraph. The notice of acceleration and opportunitY to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21~ Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum prodncts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or tl~reaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally WyoMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCm~W~O (Page 10 of 13 pages)' DOC'UI!qYA. VTX 11/04/2000 Form 3051 1/01 42'6 recognized to be appropriate to normal residential uses and to maintenance of the Property (inclnding, but not limited to, hazardous substances in consumer products). Bmxower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition cansed by the presence, use or release of a ttazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bmxower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender fi~rther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement i, this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the defanlt; (b) the action required to cure the default; (c) a date, not less than 30 days from tile date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure tbe default on or before the date specified in the notice may result in acceleration of the sums.secured by this Security Instrument and sale of the Property. Tim notice shall further inform Borrower of tile right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrmneut without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender sball be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, inclnding, but not linfited to, reasonable attorneys' fees and costs of title evidence. If Lender iuvokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the persou in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in tbe manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase, the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to tbe person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. WYOMING ~ Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ocu ~ wv ~ ~ (Page 11 of 13 pages) DOCU1WY~. VTX 1i/04/~000 ¥ Form 3051 1/01 427 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instmtnent and in any Rider executed by Borrower and recorded with it. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT t)ocuI w'/I 2 (Page 12 of 13 pages) ooc~e.v?x s/s/~oo2 Form 3051 1/01 [Space BelOw This Line For Acknowledgment] STATE OF hr~OMINO COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by M~I~HON~ E L~MER It0'SBA_ND AND WIFE this 10TH day of OCTOBER, 2003 AND APRIL A LYMER Wimess m/~and a~n_d official seal. Notary Public My Commission Exp,res: ~/'~./~ ,~,.,. <:7~dPt~, COUNTY OF ~ STATE OF LINCOLN ' I~ WYO~ lNG WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Docm wv t3 (Page 13 of 13 pages) DOCUlWYD. VTX 6/6/2002 Form 3051 1/01 SECOND HOME RIDER LOAN #: 1414634715 THIS SECOND HOME RIDER is made on this 10TI{ day of OCTOBER, 2 003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or SecuritY Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower," whether there are one or more persons undersigned) to secure Borrower's Note to COMMUNITYAMERICA CU (the "Lender") of the stone date and covering the property described in the Secnrity Instrument (the "Property"), which is located at: 610 OPAL ST, KEMMERER, WY 83101 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person auy control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Bm-rower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave nmterially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not linfited to, representations concenfing Borrower's occnpancy of the Property as Borrower's second home. MULTISTATE SECOND HOMERIDER- Single Family-FannieMae/Freddie MacUNIFORMINSTRUMENT DOCURSAI Page 1 of 2 DOCIJRSA1.WI'I 11/a9/200: Form 3890 1/01 43O 1414~34715 BY SIGN1NG BELOW, Borrower accepts and agrees to the terms and provisions contained in this Second Home Rider, - - A~ER - DATE DATE I o MULTISTATE SECOND HOME RIDER- Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCURS^2 Page 2 of 2 DOCURSA2.VTX 11/29/2002 Form 3890 1/01