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HomeMy WebLinkAbout895465Return To: · NEW LINE MORTGAGE 4516 SOUTH 700 EAST #200, SALT LAKE CITY, UT 84107 Prepared By: AMEE KENT ~'ooK ~4'~pr~ PAO~ 895h65 229 RECEIVED LINCOLN COUNTY CLERK 03N,qU21 ?H 3:13 JEANNE WAGNER l:r:'t~.'~': ~ r: F' · [Space Above Tlds Lhie For Recording MORTGAGE MIN 1001247-0006038587-3 DEFINITIONS W'otds~ used in nmltiple sections of this document are defined below and other words are defined in Sections 3, 11, .13', 18, 20 and 21. Certain roles regarding the usage of words used inflfis document are also provided in Section'16. (A) "Security Instrument" means tiffs documem, which is dated together with all Riders to this document. (B) "Borrower" is HAROLD T. HARVEY and SHIRLEY J. November 17, 2003 HARVEY husband and wife as tenants by the entireties Borrower is'the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is orga~fized 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. 190HAR6038587 6038587 WYOMING-Single Family-Pannie ~ae/Freddle Mac UNIFO..RNI INSTRUMENT (~®-6A(WY) 1ooo61 /~ Page 1 of 115 MWOSA)O.01., Initiale: ~' '~ __ --~' VMP MORTGAGE FORMS - (800)621-~291 ~/T~r-'[ 0 Form30~l 1/01 (D) "Lender" is NEW LINE MORTGAGE Lender isa Div. of Republic Mortgage Home Loans,LLC organized and existing under the laws of The State of Utah Lender's address is 4516 SOUTH 700 EAST #200, 5ALT LAKE CIIY, UT 84107 (E) "Note" means the promissory note signed by Borrower and dated November 17, 2003 The Note states that Borrower owes Lender One Hundred Five Thousand Two Hundred Fifty and no/lO0 Dollars (u.s. $105,250.00 ) plus interest. Borrower has pronfised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "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 this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ~-] Condominium Rider [~r] Second Home Rider Balloon Rider [~] Planned Unit Development Rider ~ 1-4 Family Rider VA. Rider ~ Biwee -kly Payment Rider ~-] Other(s) [specify] (I) "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. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condmninimn association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, Other than a transaction originated by check, draft, or sinfilar paper ~instmment, which is initiated through au 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 nmchine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or d.estmction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condenmation; or (iv) nfisrepresentations of, or o~nissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" nmans insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" ~neans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they nfight be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, '!RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. 190ttAR6038587 6038587 ,.,,,~,.: ]/~&~..~ 0 (~)~-6AIWY) ,ooo~) n~g~2 o~' ,s ~ Form 3051 1/01 221 (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 under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY Tlfis Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and nmdifications of the Note; and (ii) the perfornmnce of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nonfinee for .Lender and Lender's successors and assigns) and to the successors and' assigns of MERS, with power of sale, the following described property located in ~unty of L I NCOLN : [Type of Recording JurisdictionI IName of Recording lurisdictianl LOT 38 OF STAR VALLEY RANCH PLAT 9, LINCOLN COUNTY. WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF, ParcellD Number:12-3518-31-1-03-063.00 175 VISTA EAST DRIVE THAYNE ("Property Address"): which currently has the address of [Streetl [City] , Wyoming 83127 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, a~d fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by fltis Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as no~ninee for Lender and Lender's successors and assigns) has the fight: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but [tot limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the fight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all clai~ns and denmnds, subject to any encmnbrances of record. THIS SECURITY INSTRUMENT combines mfiform covenants for national use and non-uniform covenants with liufited variations by jurisdiction to constitute a mfifonn security instrument covering real property. 190HAR6038587 (~)~-6A(WY) 1ooo~1 P~.3of l~ .~ Form 3051 1/01 222 uNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due 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 Instmmem is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made ill 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, instrunrentality, or entity; or (d) Electrmfic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan curten.t, without waiver of ally rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lendei~ 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 file 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 under the Note innnediately prior to foreclosure. No offset or claim wlfich Borrower nfight have now or in the future against Lender shall relieve Borrower from making payments due under d~e Note and this Security Instrument or perfornfing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest dne under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in wlfich it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce file principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment wlfich includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent pay]nen.t and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each paylnent can be paid in full. To the extent that any excess exists after the pay~nent is applied to file full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. .3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") 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 ou the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At 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 Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Iten~s 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 file event of such waiver, Borrower shall pay directly, when and where payable, the amounts 190HAR6038587 6038587 /,~/'// 0 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within snch time period as Leuder 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 limn, 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 Itc]ns at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such a[nounts, that are then required under this Section 3. Lender nmy, at any time, collect and hold Funds iii an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxinmm amount a lender can require under RESPA. Lender shall estimate the alnonnt of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Banlr. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, ammally mmlyzing the escrow account, or verifying the Escrow Itenzs, unless Lender pays Borrower interest on the Funds and Applicable Law pernfits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of file Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower tbr the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payntent in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Connnunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the rammer 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 file lien in a lnam~er 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 fl~e lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures.from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deternfines 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 190HAR6038587 (~6A(WY) 1ooo~1 6038587 ,.,,~,~: ~/(_~ 0 pag~ 6of ~5 Form 3051 1/01 224 lieu. Within 10 days of the date on wlfich that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in Otis Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection wifl~ this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leuder's fight to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with Offs Loan, either: (a) a one-time charge for flood zone deterufination, certification and tracking services; or (b) a one,time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes Occur which reasonably might affect such deternfination or certification. Borrower shall also be responsible for the payment of aw 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 ~nay obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity ill file 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 front rite date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as au 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 clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender aud Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided fl!at 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. U~fless an agreement is nmde in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or 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 the restoration or repair is not economically 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 190HAR6038587 6038587 ~/,/ 0 Initialm ,ooo , ,.. 225 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 mattersl If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender 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 the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender ]nay use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal. residence within 60 days after the execution of tiffs Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be un~easonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. BorroWer shall not destroy, damage or impair the Property, allow the Property to deteriorate or connnit waste on the Property. Whether or not Borrower is residing i,~ the Property, Borrower shall maintain the Property in order to prevent the Pioperty from deteriorating or decreasing in Value due to its condition. Unless it is deternfined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or conderm~ation proceeds are paid in com]ection with danmge to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condenmation proceeds are not sufticient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the 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 direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited 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 and agreements contai,]ed in this Security Instrument, (b) there is a legal proceeding that might sig~fificantly affect Lender's interest in the Property and/or rights under tiffs Security Instrument (such as a proceeding in ba ~nkruptcy, probate, for condenmation or forfeiture, for enforcemem 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 ]nay do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable 190HAR6038587 6038587 /'~- /'I ,~t..~ 0 iI~-6A(WY) (000~) P~O, 7 of ~5 .~..., ..~.~:=~ Form 3051 1101 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, 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 frown pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from fire date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is 0n a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge mfless 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 premiums 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 ~nake separately designated payments toward the premimns for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated pay~nents that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fldl, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leuder requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in tltis 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 nmy incur if Borrower does not repay the Loan as agreed. Borrower is lint 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 might be characterized as) a portion of Borrower's payments for Mortgage Irksurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower h~ 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. 190HAR6038587 6038587 ,~,,,~.:/,~/_ ~~ ,."--~ 0 1000~;! Pa~,~o, ,~ ,,~__~ Form 3051 1/01 (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 requ~t and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiu~ that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceed; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If fl~e Property is da~ged, such Miscellaneous Proceeds shall be applied to restoration or repair of fl~e Property, if 01e restoration or repair is eco~mnfically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have Qle right to hold such Miscellaneous Proceeds until Lender has had au opporm~fity to i~pect such Property to e~mure &e work has been completed to Lender's satishction, provided &at such impection shall be undertaken promptly. Lender l~y pay for repairs and restoration in a single disbursement or in a series of progress payments as fl~e work is completed. Ulfless an agreement is nmde in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender Shall not be required to pay Bo~ower any. interest or ear~fings on such Miscellaneous Proceeds. If &e restoration or repair is not econonfically feasible or Lender's security would be lessened, ~e Miscellaneous Proceeds ~all be applied to fl~e sunm secured by tiffs Security Inst~ment, whefl~er or not fl~en due, wi& ~e excess, ff any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in file order provided for in Section 2. In fl~e event of a total taking, detraction, or loss in value of ~e Property, fl~e Miscellaneous Proceeds shall be applied to &e sums secured by &is Security h~t~ment, whefller or not &eh due, wid~ &e excess, if any, paid to Borrower. In file event of a partial ta~ng, detraction, or loss in value of ~e Property in wlfich &e htr nmrket value of file Prope~y inmlediately before ~e pa~ial taking, detection, or loss in value is equal to or greater titan file amount of fl~e sums secured by fids Security Imt~ment inm~ediately before rite partial taking, detraction, or loss in value, mfless Borrower and Lender ofl~erwise agree in writing, ~e s~ secured by tiffs Security Inst~ment shall be reduced by ~e amount of fl~e Miscellaneous Proceeds multiplied by &e following fraction: (a) ~e total anmunt of file su~ secured i~nediately before ~e partial taking, detraction, or loss in value divided by (b) &e htr ~rket value of &e Property inm~ediately before fl~e partial taking, dest~ction, or loss in value. Any balance shall be paid to Borrower. In &e event of a pa~ial taking, dest~ction, or loss in value of ~e Property in which fl~e htr n~rket value of the Property inunediately before ~e partial ta~ng, dest~ction, or loss in value is less ~an &e amount of file sums secured inm~ediately before ~e partial ~hng, dest~ction, or loss in value, mfless Borrower and Lender ofl~erwise agree in writing, fl~e Miscellaneous Proceeds shall be applied to fl~e su~ seemed by ~is Security hmt~ment whe~er or not fl~e sums are &eh due. If file Property is abandoned by Borrower, or if, after notice by Lender 'to Bo~ower &at ~e Opposing Party (as defi~md in ~e next sentence) offers to ~ke an award to settle a claim for da~ges, Bo~ower t~ails to respond to Lender wiflfin 30 days after ~e date fl~e notice is given, Lender is au&oiled to collect and apply &e Miscellaneous Proceeds eider to restoration or repair of fl~e Property or to sums secured by tiffs Security h~t~ment, whefl~er or not &eh due. "Opposing Party" meagre fl~e dfird party fl~at owes Bo~ower Miscellaneous Proceeds or fl~e party agai~mt whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whe&er civil or crinfi~l, is begun &at, in Lender's judgment, could result in forfeiture of fl~e Prope~y or o~er nmterial impairment of Lender's interest in ~e Property or rights under tiffs Security I~t~ment. Borrower can cure such a default and, if acceleration has occu~ed, reinstate as provided in Section 19, by causing &e action or proceeding to be disnfissed wifl~ a ~ling fl~at, in Lender's judgment, precludes forfeiture of fl~e Property or off, er nmterial · impairment of Lender's interest in fl~e Property or rights under ~is Security Inst~ment. The proceeds of any award or claim for danmges flint are attributable to file impairment of Lender's interest in fl~e Property are hereby assigned and shall be paid to Lender. ~ All Miscellaneous Proceeds &at are not applied to restoration or repair of fl~e Property shall be applied in ~e order provided for in Section 2. 190HAR6038587 6038587 ,.,,,~,.:~ 0 ~®(~--6A(WY) Iooo6l P~a 9 of ~5 =c:9--~(~ Form 3051 1101 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this SecuritY Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall ~mt be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tinm for payment or otherwise modify amortization of thc sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, 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. 1.3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Nbte (a "co-signer"): (a) is co-sig~fing this Security Instrument only to ~nortgage, grant and convey the co-signer's interest in the Property under the terms of this Security InstruTnent; (b) is not personally obligated to pay the sums secured by ttts Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make 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 Instrmnent unless Lender agrees to such release in writing. The covemnts 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 tlds Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tiffs Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in co~mecfion with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pemfitted limit; and (b) any sums already collected from Borrower which exceeded pernfitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by umking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under dm Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in co~mection with this Security Instrument must be in writing. Any notice to Borrower in colmection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be 'the Property Address unless Borrower has designated a substitute notice address by ~mtice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in commction with tl!is 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. 190HAR6038587 6038587 ,.,,,~,.://~ 0 ll ; lw l,ooo , hD- 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 axis Security Instrument are subject to any requirements and linfitations of Applicable Law. Applicable Law nfight explicitly or implicitly allow the parties to agree by contract or it nfigl!t be silent, but such silence shall not be construed as a prohibition agains.t 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 can 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 "n~ay" 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 Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but ~mt linfited to, those beneficial interests transferred in a bond for deed, contract for deed, instalhnent sales contract or escrow agreement, the intent of which 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 itmnediate 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 must pay all sums secured by fids Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender ~nay invoke any remedies pernfitted by this Security Instrument without further notice or denmnd 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 disconti~med at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale coutained in this Security Instrument; (b) such other period as Applicable Law might specify for the ternfination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instruinent. 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 occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing fids Security Instrument, including, but not linfited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest 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 under this Security Instrument, and Borrower's obligation to pay the sums secured by fids Security Instrmnent, 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 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. Upon reinstatement by Borrower, this Security Instrument and obligations 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 under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrumen0 can be sold one or more times without prior notice to Borrower. A sale nfight 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 urn:elated 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 190HAR6038587 6038587 ,,~/_ ./ 0 Initii~: ~-6A(WY) ,ooo6) Pa~e 11of 1~ ..~,~"~ Form 3051 1/01 2,3 0 requires in connection with 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 the Note purchaser mfless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conm~ence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the · other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the uotice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of tbis Section 20. 21. Hazardous Substances. As used in tiffs Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petrolemn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviromnental 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 "Enviromuental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Clemmp. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do; anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Enviromnental 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 recognized to be appropriate to normal residential uses and to nmintenance of fl~c Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, denmnd, lawsuit or other action by any governmental or regulatory age,my or private party involving the Property and any Hazardous Substance or Envirotm]ental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not linfited to, any spilling, leaking, discharge, release or threat of release of auy Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects tim value of the Property. If Borrower learns, or is notified by any govermnental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup. 190HAR6038587 6038587 ,.,,,,,.: .~~ 0 ~II"~--6A(WY) (ooosl Page ¥2of 15 ..---~ I'~-~ Form 3051 1/01 NON-UNIPORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by tiffs Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of ali sums secured by this Security instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, iu accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to 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 Instrument. Borrower shall Pay any recordation costs. Lender may charge Borrower a fee for releasing fids Security Instrument, but only if the lee is paid to a third party for services rendered and the charging of the fee is pemfitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoufing. 190HAR6038587 (~-6A(WY) Iooo!~ 6038587 Pag~13of 15 orm3051 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covemnts contained in this Security h]stmment and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower SHIRLEY d. HA[~VEY ~ ' -lftJower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 190HAR6038587 6038587 0 (~I<~6A(WY) (ooo51 P~, 14 of 15 Form 3051 1/01 A,/~. o,'~ ~/~ STATE OF WYOMING, The foregoing instrument was acknowledged before me this byHAROLD T. HARVEY and SHIRLEY 3. HARVEY 18th day 233 County ss: C of November, 2003 My Commission Expires: ¶,~;~'~ Notary Public, State of Nevada ~i~;;il~./.~ Appoinlment No. 02-73665-1 Notary Public 190HAR6038587 (~)~-6A(WY) Iooo5) 6038587 Page 15 of 16 Inhi:a~: Form 3051 0 1/Ol 2?¢ SECOND HOME RIDER THIS SECOND HOME RIDERis made this 17th day of November' 2003 and is incorporated into and shall be deemed to an]end 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 NEW LINE MORTGAGE, Div. of Republic Mortgage Home Loans,LLC (the "Lender") of the same date and coveriug the Property described in the Security Instrument (the "Property"), wi]ich is located at: 175 VISTA EAST DRIVE,THAYNE,WY 83127 [Property Address] In addition to th.e coveuants 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 finn or any other person any 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, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's kmowledge or consent gave materially false, misleading, or inaccurate information or · statements to Lender (or failed to provide Lender with material i]fformation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 190HAR6038587 6038587 6038587 MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 2 (~365R (0008) MW oWO0 VMP MORTGAGE FORMS - (800)521-7291 0 0 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions Contained in this Second Home Rider. ~A~0L~~. '<f~'c~/&~~(Seal) SHIRI~~~ HARVEY - Borrower c,' - Borrower (Seal) (Seal) Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower 190HAR6038587 (~}~36§R (0008) 6038587 6038587 0 0 Page 2 of 2 Form 3890 1101 NOV-14-2003 FRI 08:21 RH HEMLINE HORTGRGE F~qX NO, 8012698830 P, 02 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 17th day of NoVember, 2003 , and is incorporated into ,and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (d~e "Security Instrument") of the sanae date, given by the under, igned (the "Borrower") to secure Borrower'a Note to NEW LINE MORTGAGE, Div. of Republic Mortgage Home Loans,LLC (the · "Lender") o1' the same date and covering the Property described in the Security Instrument and located at: 175 VISTA EAST DRIVE,THAYNE.WY 83127 [Prop:rty Addrcssl The PrOperty includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels md certain common areas and facilities, as described in (the "Declaration"). The Property is a part oF a plan.ned unit development lcnown as STAR VALLEY RANCH [Name nf phtrmed Unit Dcvcloprn,'l,~] (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing fl~e common area~ mid facilities of die PUD (the "Owners Association") and the uses, benefits and proceeds ot' Borrower's interest. PUD COVENANTS. In addition to the covenants and. agreements made in the Security Instrument, Borrower ,-md Lender further covenant and agree as lbllows: A. PUD Obligations. Borrower shall perform all or Borrower's obligations under thc PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles at' incorporation, u'ust instrument or any equivalent docUment which creates the Owners Association; and (iii) may by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to fl~e Constituent Documents. 190HAR6038587 6038587 O. 'MULTISTAIE PUD RIDER · Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~1 Page 1 of 3 Inil:lals:~ (~,~?R (OOO81 m¥o&,oo VMP MORTGAGE FORMS -1BO0)521-7291 ~ _ NOV-14-2003 FRI 08:21RH NENLINE HORTORGE NO, 80t2698830 O3 232 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides ingurance coverage in the amounts (including deductible levels), for the periods, mid against loss by fire, h,xzm'ds included within the term "extended coverage," and any other hazaxds, including, but not limited to, earthquakes and floods, lbr which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly pren'fium instaltments for property insurance on the Property; and (ii) Borrower'S obligation under Section 5 to maintain property insurance cove-rage' on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver eon change during the ~erm of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurm~ee coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or roper following a loss to ale Property, or to common areas and facilities o1' the PUD, ,'my proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply tile proccxxls m tile sums secured by the Security Instrument, whether or not then due, with the excess, if troy, paid to Borrower. C. Public Liability Insurance. Borrower shall take ,~uch actions as may 'be reasonable to instate that the Owners' Association maintains a public liability insurance policy acceptable in form, amount, and extent of coveragt~ to Lender: D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in cotmection with any condemnation or other taking of all or any part of tile Property or the common areas and faoilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall bu applied by Lender to the sums secured by th~ Security Instrarnent as provided in Section Il. E. Lender's Prior Coasent. Borrower shall not, except after notice to Lender mid with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) may anaendment to any provision of the "Constituen~ Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of' self-management of the Owners Association; or (iv) any action which would have tile effect of rendering the public liability huurance coverage maintained by the Owners Association unacceptable to Lender. F. Reanedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay tl~em. Any amounts disbursed by Lender under this paragraph F sh~dl become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms ol: payment, these amounts shall bear interes~ from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 190HAR6038587 6038587 NOV-14-2003 FRI 08;21 RM HEWLINE MORTGRGE FihX NO, 8012698830 P, 04 238 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisio~ contained in this PUD Rider.. HAROLD T. HARVEY -~o.o,~=r ~S-HIRLEY d. HAf(-V~ y-' -~,~,' (Seal) (Seal) -I~orrowcr -Borrow=r (Seal) -Borrower (Se~) -I}ortower ($e~) (Seal) -Bon'owcr 'lnnrr°wer 190HAR6038587 6038587 0 Page 3 of 3 Form 3150 1101