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HomeMy WebLinkAbout89996430675 (04) Return To: I~O~mCOm~as m~wcz~c Nm~V,.)RX, INC ONE MERIDIAN CROSSING. S~ 10C' M~N~POLIS, M~ 5542~ Loan Number: ~2-050990-3 89996q Prepared By: HomeComir~gE; Financial Network 14850 Qu~rdm Drive, Suite 500 Dallas, ?X 75254 REOEIVED LINCOLN COt.!NTY CLERK [Space Above This Line For Recording Data] MORTGAGE MIN 100062604205099031 ? DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined ha Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" raeansthis document, which is dated 3UNE 3RD, together with all Riders to this document. (B) "Borrower" is CHARLES L. NUNN AND ANGELA K. NUNN, HUSBAND AND WIFE 2004 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 Instrun~ ant. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. BOX 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. ' WYOMING-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 MI~/Y7770 (11/00) / 042-050990-3 % ~ ~ -eAIWV)~ooo~.o~ ,q. } ago , of 15 Initials: , VMP MORTGAGE FORMS - (B00)521~729i t,, (i :.. 04 3 (D) "Lender" is HOMECOI4I~GS FINANCIAL NETWORK INC. Lender is a CORPORATION ~ organized and ex~sting Imdf.r the laws of DELAWARE Lender's address is 1485(I ~.UORUM DRIVE, SUITE 500 DALLAS, TX 75254 (E) "Note" means the prom:ssory note signed by Borrower aml dated JUNE 3RD, 2004 The Note states that Borrowe~ owes Lender ONE HUNDRED SEVENTY TWO THOUSAND FIVE " Dollars HUNDRED AND NO/100 :. ~ (U.S. $ 172,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later thanJULY 1ST, 2034 (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 Ridez ~-~ Condominium Rider ~-~ Second Home Rider [~ Balloon Rider ' I--"-] Planned Unit Development Ridetr~ 1-4 Family Rider ~] VA Rider ~-] Biweekly Payment Rider ~ Other(s) [specifyI (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial Opi~fions2 (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed >n Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Tr:msfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic ternfinal, telephonic instrument, computer, or m ignetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not bruited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means !hcse 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 th~n insurance 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 part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentationsof, or omissions as to, the value and/or condition of the .Property. (N) "Mortgage Insurance" 'means insurance protecting Lender against the nonpayment of, or default on, the Loan. , (O) "Periodic Payment" m,:ans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) anyamounts under Section 3 of this Security Instrument. (P) "RESPA" means the R,:al EstateSettlementProceduresAct (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or st;ccessor legislation or regulation that governs the same subject matter. As used in ' ' ~' " ..... this Security Instrument,: RESPA refers to all requlrementsand restncttons that are nnposed ~n regard to ' ' 'g g ' q lily - federally related mortgage a "federally related mort a,e loan" even ff the Loan does not ua as a" loan" under RESPA. MFWY7770 (11/00) / 042-05099)-3 Initi~l~: (~I~-6A(WYI {ooosLol Pag* 2 o~ ~5 rn 3051 1/01 (Q) "Successor in Interest eT Barrower" 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 'IHE PROPERTY This Security Instrumentsecr rea 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 Instrumentand the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nomin~'e 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 the COUNTY of LINCOLN : [Type of Recording lurisdletion] [Name of Recording ]urisdictio~] E1/2E1/2SW1/4 SECTIOi~ :.2, T2IN, RllTW OF THE 6TH P.M., LINCOLN COUNTY, WYOMING. ParcellD Number: 21171230002500 556 LOMA VISTA DRIVE. AFTON ("Property Address"): which currently has the address of , [Street] [City] , Wyoming 83110 [zip Code] TOGETHER WITH a!l the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests grantedby Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nomineeIor Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, inchtdieg, but not limited to, the right to foreclose and sell the Property; and to take any action requked of Lender including, but not hmited to, releasing and canceling this Security Instrument. BORROWERCOVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant an0 convey the Property and that the Property is unencumbered, except for encumbrancesof record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited varia0.ons by jurisdiction to constitute a uniform security instrument covering real property. MFWY7770(I1/O0)/042-O50990-3 ,n, ti,..: C~ ~_ (~-6A{WY) moos}.ol Page 3 of 15 Form 3051 1/01 UNIFORMCOVENAiqT& Borrower and Lender covenant and agree as follows: 1. Payment of Princi'?~, Interest, Escrow Items, Prepayment Charges, and Lute Charges. Borrower shall pay when dt~e 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. Paymen'fs due under the Note and this Security Instrumentshall be made in U.S. currency. However, if any chec}: or other instrumentreceived by Lender as payment under the Note or this Security Instrumentis returr'ed to Lender unpaid, Lender may require that any or all subsequentpayments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) eas~.h; .(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any ~,.uch check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemedf:cejved by Lender when received at the location designated in the Note or at such other location as may b,: 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 current, without waiver of any rights hereunderor prejudice to its rights to refuse such payment or partial payments in the future, but Lenderis 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 ft,nds until Borrower makes payment to b'ring the Loan current. If Borrow(ir does not do so within a reasonableperiod of time, Lender shall either apply such funds or returnthem 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 might have now or in the future, against Lender shall relieve Borrower from making payments due under the Note and this Security Instrumentor performing the covenants and agreementssecured 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 due under the Note; (b) prit~cipal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late ,..'harges,.second to any other amounts due under this Security Instrument, and then to reduce the principal ~balance of the Note. If Lender receives a piiyment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Paymentis outstanding, Lender may apply any payment received from 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 paymentis applied to the full payment of one or more Periodic Payments, sm h excess may be applied to any late charges due. Voluntary prePaymentsshall be applied first to any prepa?ment charges and then as described in the Note. Any application of paynents, 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 aad other items which can attain priority over this Security Instrumentas a lien or encumbranceon the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all iasurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any ~,urns 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'an}~, 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 assessmentsshall be an Escr'ow 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 Items unless Lender waives Borrower's obligation to p~Y the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lenderl~nds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts MFWY7770 (1i/00) / 042-0S099¢-3 ,nitals:Q~'~-') ~ (~-6A{WY} Iooos~,o~ Pa~ 4 of ~!i Form 3051 1/01 .... 046 due for any Escrow Items for.w~'~fich payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts' evidencing such payment within such time period as Lender may require. Borrower's obligation to make l;uch payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement,5ontainedin this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borr;ower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the am3~nt due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and BCrri~wer shall then be obhgated under Section 9 to repay to Lender any such amount. Lender may revoke~th"e waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 1.5 trod, upon such revocation, Borrower shah pay to Lender all Funds, and in such amounts, that are then xecuired 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 specifi:d under RESPA, and (b) not to exceed the maximum amount a lender can require under RE'SPA. Lend-;r shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expend;lures 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 (inc!mling Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shah apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Len,:ler 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 agreementis made in writing or Applicable Law requires kterest 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 shah be paid on the Funds. !Leader shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Fan& held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fund; in accordancewith RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shah notify Borrower as requiredby RESPA, and Borrower shah pay to Lender the amount necessary to make up the shortage in accordancewith RESPA, but in no more than 12 monthly payments. If thereis 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 payment in full of all sums secured by this Security Instrument, Lender shah promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shah pay all taxes, assessments, charges, fines, and impositions attributable to the Property ~hich can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,. if 'any, and CommunityAssociation Dues, Fees, and Assessments, if any. To the extent that these items ar: 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) agreesin writir g to the payment of the obligation securedby the lien in a manner acceptable to Lender, but only so long ,s Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcementof the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures'from the holder of the lien an agrecmentsatisfactory to Lender subordinating the lien to this Security Instriment. If Lender determinesthat any part of the Property is subject to a lien which can attain priority ovm this Security Instrument, Lendermay give Borrower a notice identifying the MFWY7770 (11/00) / 042-050990-::1 · (~I~-6AIWY) (ooos}.0~ P.9. s o~ ~s From 3051 1/01 lien. Within 10 days of the dae 6n which that notice is given, Borrowershall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Barrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Len, le~ in connection with this Loan. 5. Property Insurance. B6rrower shall keep the improvements now existing or hereafter erected on the Property insured against lbs~ by fire, hazards included within the term "extended coverage," and any other hazards including, but ~ot limited to, earthquakesand floods, for which Lender requires insurance. This insurance shall be maim ained in the amounts (including deductible levels) and for the periods that Lender requires. What Lende/r~quires 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 Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in'ccnnection with this Loan, either: (a) a one-time charge for flood zone determination, certification ari~d 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. determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency ManagementAgency 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. Lender is under no obligation to purchase any particular type or amount of/;overage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity 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 Bo~ rower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dat¢ of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower request~g payment. All insurance policies re']uiredby 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 additionalloss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requirei;, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower ~btains 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, Bmro'/ver shall give 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 insuranceproceelds, whether or not the underlying insurance was requiredby Lender, shall be applied to restorationor repair of the Property, if the restorationor 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 procecds"un~til Lender has had 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 disbur.".e J?roceeds for the repairs and restorationin a single payment or in a series of progress payments as the work is completed. Unless an agreementis made in writing or Applicable Law requires interest to be paid on sulch insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such p[oceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid ot~ t of the insurance proceeds and shall be the sole obligation of Borrower. If the restorationor 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 MFWY7770 (11/00) / 042-050990-.',. initial.: ~_~.'J ~-~ (~-6A(WY) Iooos).o~ ' Page e of ~5 Form 3051 1/01 the excess, if any, paid to Bott?Vet: Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons tie 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 insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the r_otice 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 ?ights (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. Len,)e:? may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under :he 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 afte~ the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principa:, residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, ~vhich consent shall not be unreasonably 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 t.ae Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Bo~rewer 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 Secticn 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Properq,~ if damaged to avoid further deterioration or damage. If insurance or condemnationproceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repahing or restoring the Property only if Lender has released proceeds for such purposes· Lender may disburs~proceedsfor the repairs and restorationin a single payment or in a series of progress payments as the work is completed· If the insurance or condemnationproceeds are not sufficient to repair or restore the Prope~ ty, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration· Lender or its agent mas? make reasonable entries upon and inspections of the Property. If it has reasonablecause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time o!" or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan App!lication. Borrower shall be in default if, during the Loan application process, Borrower or any pc?sons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave m/~tterially false, misleading, or inaccurateinformation or statementsto Lender (or failed to provide Lender with material information) in connection with the Loan· Material representationsinclude, but a::e not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's ~nterest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreementscontained in this Security Instrument, Co) there ~s a legal proceeding that might significantly affect Lender's interest in the Property and/orrights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnationor forfeiture, for enforcement of a lien which~ may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandonedthe 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 protectingand/orassessing the value of the Property, and securing and/orrepairing the Property· Lender's action., can include, but are not limited to: (a) paying any sums secured by a lien which has priority 'over this. S,ecurlty Instrument; 0o) appearing in court; and (c) paying reasonable MFWY7770 (11/00) / 042-050990-3 , Initials: (~-6A(WYI ~ooos~.o~ ', P~ 7 o~ ~ Form 3051 1/01 attorneys' fees to protect its interest in the Property and/orrights under this Security Instrument, including its secured position in a bat.k, ruptcy proceeding. Securing the Property includes, but is not liinited to, entering the Property to mak.~ ;,epairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building.or other code violations or dangerous conditions, and have utihties turned on or off. Although Lender may take action under this Section 9, Lender does not have lo do so and is not under any duty or obligation'td do so. It is agreed that Lender incurs no hability for not taking any or all actions authorized under this' ~ection 9. Any amounts disbursed lc,y Lender Under this Section 9 shall become additional debt of Borrower securedby this Security Instrt~ment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be p~yable, with such interest, upon notice from Lender to Borrower requesting payment..; If this Security Instrumehtis on 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 shM1 not merge unless Lender agrees to the merger k. writing. 10. Mortgage Insurance: If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiumsrequired 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 premiums for Mertgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially eqUiw.lent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Bd,rrower 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 confiaue to pay to Lender the amount of the separately designatedpayments that were due when the insuranc: coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundableloss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately 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 Mortgag} Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selei:ted by Lender again becomes available, is obtained, and Lender requires separately designatedpayments toward the premiums for Mortgage Insurance. If Lender requiredMortgage Insurance as a condition of mtiking the Loan and Borrower was required to make separately designated payments toward the premirn~s for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurande 'in effect, or to provide a non-refundable loss reserve, until Lender's requirementfor Mortgage In,~urance ends in accordancewith any written agreementbetween Borrower and Lender providing for such te~'minationor until terminationis requiredby 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 ff Borrower does r:ot repay the Loan as agreed. Borrower is not~a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from tkne to time, and may .enter into agreementswith other parties that share or modify their risk, or reducelosses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agre:mentsmay require the mortgage insurer to make payments using any source of funds that the ' ~ mortgage mst~rer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agr:ements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affili3tc of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be char~.cterizedas) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or mo li.~ting the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of L:~nder 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 has agreed to pay for Mortgage Insurance, or any C, ther 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. MFWY7770 (11/00) / 042-050990-;3 II~)d6AIWY) Iooo~.o~ Page 8 of 15 Initials:' orm3051 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 rigbts may include the right to :receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to ha¥;e the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Im, urance premiums that were unearned at the time of such cancdlation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid .to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration ar repair of the Property, if the restoration'or repair is economically feasible and Lender's security is not lessened. During such repair and resto, ationperiod, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an oppart]nity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provi&:d that such inspection shah be undertakenpromptly. 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 requires interest to be paid on such Miscellaneous Proceeds, Lendei' shall not be required to pay Borrower any interest or earnings on such MiscellaneousProceeds. If the restorationor repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with tie excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order providec; fo: in Section 2. In the event of a tota7 taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to ~he sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property nnmed~at:ly before the parhal taking, destruction, or loss in value is equal to or greater than the amount of t'he roms secured by this Security Instrument immediately before the partiM taking, destruction, or loss ia value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument sh',dl be reduced by the amount of the Miscellaneous Proceeds multiplied by the following ~'fra:tion: (a) the total amount of the sums secured immediately before the partial taking, destruction, 'or loss .in value divided 'by (b) the fair market value of the Property immediately before the parti)d taldng, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partia[taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the mount of the sums secured!immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise ~agree in writing, the Miscellaneous Proceeds shah be applied to the sums secured by this Security Instr:am :nt whether or not the sums are then due. If the Property is ab~xdoned by Borrower, or if, after notice by Lender to Bt~rrower 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 iLender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Mis:ellaneous Proceeds either to restoration or repair of the Property or to the sums securedby 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 in regard to Miscellaneous Proi':eeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or ri~;hts under this Security Instrument. Borrower can cure such a default and, if accelerationhas occurred, re,nstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that,, in. cender's judgment, precludes forfeiture of the Property or other material inxpairment of Lender's inter:st .in the Property or rights under this Security Ins[rument. The proceeds of any award or claim for dama'ges ;hat are attributable to the impairment of Lender s interest in the Property are hereby assigned and sha[ be paid to Lender. All Miscellaneous ProCeeds that are not applied to restoration or repair of the Property shall be applied in the order provide~ 'fo/in Section 2. MFWY7770 (11/00) / 042-050990.13 initials: 0~)/~--~ 6A{WY) 1ooo~}.ol P~g, s o~ ~ .. Form 3051 1/01 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or mod~cation of amortizationof the sums securedby this Security Instrumentgrantedby Lender to Borrower or any Successor,in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest ;~f Borrower. Lender shall not be required to commenceproceedings against any Successor in Interest of Bc:rrower or to refuse to extend time for payment or otherwise modify amortizationof the sums secured by this Security Instrumentby reason of any demandmadeby the original Borrower or any Successors in In;terestof Borrower. Any forbearanceby Lenderin exercising any right or remedy including, without lhaitation, 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. 13. Joint and Several Lia[,~ility; 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 Note (a "co-signer"): (a) is co-signing this Security Instrumentonly to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; CO) is not personally obligated to pay the sums securedby this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodationswith regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisinns of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under thi~, Security Instrumentin 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 Instrumentunless 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 sm:censors and assigns of Lender. 14. Loan Clmrges. Len'der may charge Borrower fees for services performed in connection with Borrower's default, for the pt.~rpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, bat not limited to, attorneys' fees, property inspection and vMuation fees. In regard to any other fees, the absence of express authority iu this Security Instrument to charge a specific fee to Borrower shall not be consrruedas a prohibition on the 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 £mally interpretedso that the interest or other loan.chzrges collected or to be collected in connection with the Loan exceed the permittedlimits, then: (a) an~ such loan charge shall be reduced by the amount necessary to reduce the charge to the permittedlimit; and Co) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bo'~rower. Lender may choose to make this refund by reducing the principal owed under the Note or by ~?aking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as 3 partial prepayment 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 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 connection with this Security Instrument must be in writing. Any notice, to Borrowerin connection with this Security Instrumentshall be deemedto 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 MI Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the 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 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 desig'aat~d notice address under this Security Instrument at any one time. Any notice to Lender shall be giveh 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 ]ns~umentshall not be deemed to have been given to Lender until actually received by Lender. If any ndticei reqUiredby this Security lnstrumentis also reqnired under Applicable Law, the Applicable Law re!iluirement will satisfy the corresponding requirement under this Security Instrument. ' MFWY7770 (11/00) / 042-050990-3': ~'~ge ~o o~' ~5 Form 3051 1/01 16. Governing Law; Se?er~bility; Rules of Construction. This Security Instrument shall be governed by federal law and th:: law of the jurisdiction in which the Property is located. All rights and obligations cont',fined in this Sec'~rity Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreementby contract. In the event that any provision or;'cl;imse of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect, other provisions of this Secnrity Instrument or the Note which can be given effect without the conflictingiprovision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or 3vo, rds of the feminine gender; (b) words in the singular shall mean and include the plural and vice vers;:t; 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 Interest in Borrower. As used in this Section 18, "Interest in the Property" mean~, afy legal or beneficial interest in the Property, including, but not limited to, those beneficial interests trar~sfcrredin a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of wl:'ich is the transfer of tit] e by Borrower at a future date to a purchaser. If all or any part of the Property or any Interestin the Property is sold or transferred(or if Borrower is not a naturalperson and a be.:mficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may r~q~.fire immediate payment in full of all sums secured by this Security Instrument. However, this opti~an 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 accordanccwith Section 15 within which Borrower must pz~y all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expira~io~ of this period, Lender may invoke any remedies permitted by this Security Instrument without furthe:: notice or demand on Borrower. 19. Borrower's Right to' Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right t~ l~ave enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five ~!ays before sale of the Property pursuant to any power of sale containedin this Security Instrument; (b) su:h other period as Applicable Law might specify for thc termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a):pays Lender all sums which then would be due under this Security Instrumentand the Note as if no,.. accelerationhad occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses ir~,curred in enforcing this Security Instrument, including, but not limited 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 rgasonably requir.e, 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 this Security Instrument, shall continue unch.mg~:ed. Lender may require that Borrower pay such reinstatementsums and expenses in. one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified 'check, bank check, tre4surer's check or cashier's check, provided any such check is drawn upon an institution whose deposits ar:: insured by a federal agency, instn~mentality or entity; or (d) Electronic Funds Transfer. Upon reinstatementby Borrower, this Security Instrumentand 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 lnterest in the Note (together with this Se~!urity Instrument)can be sold one or more times without prior notice to Borrower. A sale might restilt in ~a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under tlie Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loa;x Servicer unrelatedto a sale of the Note. If there is a change of the Loan Servicer, Borrower will be giver: vtfitten notice of the change which will state the name and address of the new Loan Servicer, the addrest, toI which payments should be made and any other information RESPA MFWY7770 (11/00) / 042-050990-3 (~-6AlWY) 1ooo5).ol Page 11 of 15 , c, 53 '- ~ requires in connection with a !aotice of transfer of servicing. If the Note is sold and thereafterthe Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan s&rvicing obligations to Borrower will rem'fin with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser ~.mless otherwise provided by the Note purchaser. Neither Borrower nor L¢':nder may commence, join, or be joined to any judicial action (as either an individual litigant or the mer~b~r of a class) that arises from the other party's actions pursuant to this Security Instrumentor that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instru?n~nt, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirementsof Section 15) of such alleged breach and afforded the other party hereto a reason~bl,~ 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 pursuam to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisl~ the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Snbstance:t. _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 products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" meansfederallaws and laws of the jurisdiction where the Propertyis located that relate to health, safety or environmental Protection; (c) "Environmental Cleanup" includes any response action, 'remedial action, or removal action, as defined in EnvironmentalLaw; and (d) an "Environmental Condition" means a conditio~,~ that can cause,. Contribute to, or otherwise trigger an Environmental Cleannp. Borrower shah not cause 3r permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threatento release any HazardousSubstances, 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 EnvkonmentalCondition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates ~ condition that adversely affects the value of the Property. The preceding two sentences shall not apply' to the presence, nsc, or storage on the Property of small quantities of Hazardous Substances that are:generally recognized to be appropriate to normal residential uses and to maintenance of the Property (i:5cluding, but not limited to, hazardous substances in consumer products). Borrower shah promptly giw? 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 Environmental Law of which Borrower has actual knowledge, (b) any EnvironmentalCondition, inclu'li~g but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substm. ce, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adyersely affects the value of the Property. If Borrower learns, or is notified by any governmental or regnlaf.ory authority, or any private party, that any removal or other remediation of any HazardousSubstance aff~;ct'ing the Property is necessary, Borrower shah promptly take all necessary remedial actions in accordanceYAth Environmental LaTM. Nothing herein shah create any obligation on Lender for an Environmental C le~nnp. MFWY7770 (11/00) / 042-050990-3 (~)~-6AIWY) Iooosl.Ol Pag~12of 15 Form 3051 1/o'1 NON-UNIFORMCOVENA~N~rs. Borrower and Lender further covenant and agree as foil aws: 22. Acceleration; Remedks. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any co"~eaant or agreement in this Security Instrument (but not prior to acceleration under Section 18 ~,nkess 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 this Security Instrument and ~,ale 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 all 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 ~;he remedies provided in this Section 22, including, but not limited to, reasonable attorneys' tees and co.,.~ts of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance 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 ord,.~r: (a) to all expenses of the sale, including, bnt 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 e~titled to it. 23. Release. Upon payment Cf all .sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower ~;hall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrume~it,:but only if the fee is paid to a third party for services renderedand the charging of the fee is permitted ~der Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. MFWY7770 (11/00) / 042-050990-3 (~-6AIWY} Iooosl.ol Parle 13of 15 ""--' Form 3051 1/Ol 0~~4 ...... 0 5 5 BY SIGNING BELOW~ Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in an) Rider executed by Borrower and recorded with it. Witnesses: CHARLES L. NUNN ~L~l~/~Seal) -Borrower k ! I~mjY'- J (Seal) (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower MFWY7770 (11/00) 042-050990-3 (~6A(WY) (ooos).o~ Pa~l~ 14 of 15 Form 3051 1/01 STATE OF WYOMING, The foregoing instrument was acknowledged before me this by CHARLES L. NUNN AND ~.NGELA K. NUNN, tqloq- HUSBAND AND WIFE 056 County ss: 2004 My Commission Expires: County of ~ State of ~ My Commission Ex ires ' r Notary Public MFWY7770 (11/00) / 042-050990-2 (~'§AIWY110005L01 Page 15o! 15 Form 3051 1/Ol 4 C:5 7 SECOND HOME RIDER THIS SECONDHOMERIDERis madethis 3RD day of JUNE, 2004 , and is incorporated into an:l 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 HOMECOMINGS FINANCIAL NETWORK INC. (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located a':: 556 LOMA VISTA DRIVE AFTON, WY 83110 [Property Address] In addition to the covens'ars and agreementsmade in the Security Instrument, Borrower and Lender furtherthe following:C°venant and agree that Sections 6 and 8 of the Security Instrumen tare deleted and are replaced by 6. Occupancy. Borrower shall occupy, and shah only use, the Property as Borrower's second home. Borrower shall kee,0 the Property available for Borrower's exclusive use and enjoyment at all times, and shall not iiubject the Property to any timesharing or other shared ownership arrangement or to any r:ntal pool or agreement that requires Borrower either to rent the Property or give a managem:ntfirm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Appt!cation. Borrower shall be in default if, during the Loan application process, Borrower or an,~ Fersons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurateinformation or statementsto Lender (or f~:ilefl to provide Lender with material information) in connection with the Loan. Material representationsinclude, but are not limited to, representationsconcerning Borrower's occupancy of the Property as Borrower's second home. MULTISTATE SECOND HOME RID E t - Single Family. Fannie Mae/Freddie Mac UNIFORM ~NSTRUMENT MFCDSo58- i4/o1! ! 042-050990-3 Page 1 of 2 (~365R (0011) VI~4P MORTGAGE FORMS - (800)521-7291 ,nitia,s: (-~. ,01 0S9 :9i 4 BY SIGNING BELOW, B0rr~wer accepts and agrees to the terms and provisions contained in this CHARLES L. NUNN - Borrower ANGELA (~. NUNN ' - Borrower __ (Seal) (Seal) - Borrower - Borrower __ (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower MFCDS058 - (4/01) / 042-050990-3 (~365R (00~ 1) Page 2 of 2 Form 3890 1/01