HomeMy WebLinkAbout90032790032
REOEIVED
LIHCOLI,! COII!',ITY CLERK
[Space Above This Line For Recording Data]
DEFINITIONS
MORTGAGE
Words used in multiple sections of th:s document are defined below and other words are defined in Sections 3, l 1, 13, 18,
20 and 21. Certain rules regarding the u~;age of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated ........... 0..8-0..~.2.004 ................ together
with all Riders to this document.
(B) "Borrower" is DONALD LEflOY JOHN$OI~ and flOR S E JOHNSON, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is THE BANK OF STAR VALLEY
...................................................................................................................................... Lender is a
· C'gr2qrAt!°-n- .................................. :..-i ................................................... organized and existing tinder die laws of
AFTON WY 83110
· : ..................................................................... Lender is tile mortgagee tinder this Security Instrument.
(D) "Note" means the promissory not: signed by Borrower and dated 0.¢-~.a-Z00'~ ............................................... The
Note states that Borrower owes Leud~.r thitt¥ 0ha thousand aiQht hund[ad niaaty 0ha and 771100
................................................ Dollars (U.S. $ 3..1,8..9.[.].7. ................... ) plus interest. Borrower has promised to
pay this debt in regular Periodic Payraents and to pay the debt in full not later than .0.6: .0.5: 2.q 0. ~ .....................................
(E) "Property" means the property tkat is described below under the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
Note, and all sums due under this Sect'rity Instrument, plus interest.
(G) "Riders" means all Riders to this Security lustrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as a'splicable]:
[] Adjustable Rate Rider I~ Condominium Rider [] Second Home Rider
[] Balloon Rider [D Planned Unit Development Rider [] Other(s) [specify] ......................
[] 1-4 Family Rider [~ Biweekly Payment Rider
tH) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that hzve the effect of law) as well as all applicable final, non-appealable judicial opinions.
(1) "Comnnmity Association Dues, Fees, and Assessments" means all dues, tees, assessments and other charges that are
imposed on Borrower or the Property 5y a condominium associatiou, homeowners association or similar organization
(J) "Electronic Funds Transfer" means an), transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is irt[iii[ed through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or autlmrize a £mancial institution to debit or credit an account Such term inclndes, but is
not limited to, point-of-sale transfers, att[oma[ed teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those tier'ts that are described in Section 3.
(L) "Miscellaneous Proceeds" mean, s any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds '}aid under the coverages described in Section 5) /or: ti) damage to, or destruction of,
the Property; (ii) condenmation or oilier taking of all or any part of the Property; (iii) conveyance in lieu of conderrmation;
or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property·
(M) "Mortgage Insurance" means msu:."ance protecting Lender against the nonpayment.of, or default on the Loan·
tN) Per[Ddt Payment" means tile r%ularly scheduled amount due for (0 prmctpal and interest under the Note plus
11 an amounts und o < - -
(") y ' er Secti n 3 of this decurity Instrument. ' -
(O) "RESPA" means the Real Est~tte Settlement Procedures Act (12 U.S.C. §260t et seq.) aud its implementing
regulation, R. egulation X (24 C.F.R. ?art 3500), as they might be amended kom time to trine, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"
refers to all requirem,ents and restrictions that are imposed in regard to a "federally related mortgage loan" even il:' the Loan
does not qualify as a ' federally related mortgage loan~under RESPA.
(P) "Successor in Interest ol' Borrower" means any party that has taken title to the Property, whether or not that party has
assumed Borrower's obligations nnder th~. Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to l,ender: ti) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (ii)the performance ~of'Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does her[TbS' mortgage, grant and convey to Lender and Lender's successors and assigns, with
power of sale, the following describe:l property located in the ...................................................................... of
i [Typo of Recording durisdictJonl
LINCOLN COUNTY CLERK
[Nome of Reco'ding Jurisdiction]
SEE SECHDULE "A" ATTACHED HERETO AND M~DE A PART HEREOF
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., SI. Cloud, MN Fo~m MD-I-WY 812112000
roi: 1/2OO1 .~ (page I of 7pages)
[: :hh;,;,;,;.,;: ,',I
Form 3051 , 1101
Jill Illll ill I I!1 IIII Iil Iii
CB4A0
which currently has tile address of 639 MCCOY ROAO
[Street] , : ~
SMOOT .- ,
................................ : .......... ......................... Wyoming ..8.311.2..6. ' * ("Property Address"):
[City] [Zip C3de)
TOGETHER WITH all 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 Instrumen: as the "Property."
BORROWER COVENANTS that Borrower is lawfully se/sad of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, ~xcept for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all c, laims and demands, subject to any
encumbrances of record.
TItIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform .security instrument covering r:al property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment or 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 a~:iy prepayment charges and late charges
dna under thc Note. Borrower shall also pay funds for Escrow Items pursuant Io Section 3. Payments due under the Note
and this Security Instrmnent shall be made in U.S. currency. However, if any ch~ck or other instrument received by
Lender as payment under the Note or this Security Instrument is returned to Lender tmpaid, Lender may require that any
or all subseqnent payments due under the Note and this Security Instrument be ma,le, in one or more o.f the following
forms, as selected by Lender: Ca) cash; Cb) money order.; Cc) certified check, bani( 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 Cd) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location de. signaled h~ 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 paymeut or partial payments are insufficient to t.ring the Loan current. Lender may
accept any payment or partial payment iusufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but [ender 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 iuterest on unapplied funds. Lender may hold such unapplicd fumls until Borrower makes payment to
bring the Loan current. If Borrower does not do so within a reasonable period cf lime, Lender shall either apply such.
funds or return them to Borrower. If not applied earlier, such funds will be applied'to the outstanding principal balance
under the Note immediately prior to foreclosure. No offset or claim which Borrow:r might have now or in the future
against Lender shall relieve Borrower from making payments due under the 'No;e and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Applicalion of Payments or Proceeds. Except as otherwise described in t;~is Section 2, all payments accepted
and applied by Lender shall be applied in the tbllowing order of priority: Ca) interest oue tinder the Note; Cb) principal due
under the Note; Cc) amounts clue 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 charges, second to any other amounts due under
this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Paymeht which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment ahd the late charge. If more than one
Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid in full. To the extent th~ t any excess exists after the payment
is applied to the 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 d{;sC :/bed in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds ,:o principal due under the Note shall
not extend or postpone the duc date, or change the amount, of the Periodic Payments.
3. Fuuds [or Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until tlie Note is paid in full, a stun (the "Funds") to provide for payment of amcun s due for: Ca) taxes and assessments
and other items wlfich can attain priority over this Security Instrument as a l/er o: encumbrance on the Property; Cb)
leasehold payments or ground rehts on the Property, if any; Cc) premiums for any and all insurance required by Lender
under Section 5; aud Cd) Mortgage Insurance print/urns if any or any sums payal~le by Borrower to Lender in lieu of the
payment of Mortgage Insurance premmms in accordance w~th the provisions cf ¢ect~on 10. These ~tems are called
"Escrow Items." At origination or at any dine dnring the term of the Loan, Lender may require that Community
Association Dnes, Fees, and Assessments, if any, be escrowed by Borrower, and sucA clues, fees and assessments shall be
an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts ro be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's oblig dion to pay the Funds for any or all
Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.
Any such waiver may only be in writing. In the event of such waiver, Borrow'.:r shall pay directly, when and where
payable, the amounts 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 such t_me period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purg,oses be deemed to be a covenant and
agreement conlained 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 fai!'s to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 9 and pay such amount and Bmrower shall then be obligated under
Section 9 to repay to Lender any such amount. Lender may revoke the waiver as tc any or all Escrow Items 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
snch amounts, that are then required tinder this Scction 3.
Lender may, at any time, collect and hold Funds in an amount Ca) sufficienl lc. permit Lender to apply the Funds at
the time specified under RESPA. and Cb) not to exceed the maximum amount a lende'r can require under RESPA. Lender
shall estimate the amonnt of Funds due on the basis of current data and rcasona'blt 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 an/ Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time specified tSnoer RESPA. 'Lender shall not charge
Borrower for holding and applying the Funds. annually analyzing the escrow accc. unt, or verifying the Escrow Items,
unless Lender pays Borrower interest on the Funds and Applicable Law permits Lent er to make such a charge. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on the F'mds. Lender shall not be required to
pay Borrower any interest or earnings on the Funds. Borrower and Lender can agrse in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annua~ accounting of the Funds as required
by RESPA.
If there is a surplus of Funds held in escrow, as defined nnder RESPA, Lcndsr shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrdw, as defined under RESPA, Lender
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3051 1/01
Bankers Svslems, Inc., SI. Cloud MN Form MD-l-WY 812112000
fpage 2 of 7pages)
shall notify Borrower as required b)' PdggPA, and Borrower shall pay to Lender the amount necessary to make up tim
shortage in accordance with RESPA, b,]t in no more than 12 monthly payments. If there is a deficiency of Funds held in
hscrow, as defined under RESPA, L~ncier shall noti~ Borrower as required by ~SPA, and Borrower shall pay to Lender
e amount necessary to make up the deficiency in accordance with ~SPA, but in no more than 12 monthly payments.
Upon payment in ~11 of all sufits secured by this Security Instrument, Lender shall promptly retired to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower. shall pay all taxes, assessments, charges, fines, and ~positions attributable t0 the
Property which can attain priority o~.'er this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Co~nunity Association Dues}, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manne:: provided in Section 3.
Borrower shall promptly discha):ge any lien which has priority over this Security Instrument u~ess Borrower: (a)
agrees in writing to the payment of tl:g bbligation secured by the lien in a ma~er acceptable to Lender, but o~y so long as
Borrower is performing such agreemmt; (b) contests the lien in good hith by, or defends against enforcement of ll~e lien
in, legal proceedings which in Lende¢'s' op~ion operate to prevent tbe entBrcement of the lien while those proceedings are
pending, but o~y until such proceedings are concluded; or (c) secures l~om the holder of the lien an agreement satishctory
to Lender subordinating the lien to th{s ~Security Instrument. If Lender determines that any part of the Property is subject to
a lien which can attain priority over this Security, Instrument, Lender may give Borrower a notice identi~ing the lien.
Within 10 days of the date on wliich thht notice is given, BorroWer shall satis~ the lien or take one or more of the actions
set Ibrth above in this Section 4.
Leuder may require Borrowei to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in co~ection with this L:0an.
5. Property Insurance. Borrower shall keep the hnprovements uow 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 floo, ls}: for which Lender requires insurance. This insurance shall be maintained in the
amounts (including deductible levels.) and tbr the periods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the te~ of the Loan. The insurance carrier providing the insurance shall be chosen
by Borrower subject to Lender's riglt ~:o disapprove Borrower's choice, which right shall not be exercised unreasonably.
Le~der may require Borrower to [?Y, in co~ection with this Loan,, either: (a) a. one-t~e charge for flood zone
dete~ination, certification and tracking services; or (b) a one-time charge IBr flood zone determination and certification
services and subsequent charges each..thne remappings or s~ilar changes occur which reasouably might al]~ct such
dete~ination or certification. Borrcwcr shall also be responsible for the payment of any fees ~posed by the Federal
Emergency Management Agency in: co~ection with the review of any flood zone dete~ination resulting from an
objection by Borrower.
If Borrower fails to maintain, guy of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's e~pee:se. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shaft cover Lender, but might or might not protfict 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. Bo~rower acknowledges that the cost of the insurance coverage so obtained might
significantly exceed the cost et~ insurance that Borrower could have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt '~f Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate ~om the date of d'isbursement and shall be payable, with such interest, upon notice from Lender to
'. :
Borrower requesting payment. . ,.
All insurance policies requir:d by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall incltde a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any tbnn
of insurance coverage, not otherwise, re~quired by Lender, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and s~all 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 [orrower. U~fless Lender and Borrower otherwise agree iu writing, any insurance
proceeds, whether or not the underls[ng insurance was required by Louder, shall be applied to restoration or repair of the
Property, if the restoration or repair .is economically l~asible and Lender's security is not lessened. During such repair and
restoration period, Lender shall hav2 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 that such inspection shall
be undertaken promptly. Lender ma) disburse proceeds for the repairs and restoration in a single payment or in a series of
. progress payments as the work is co npleted. U~ess an agreement is made in writing or Applicable Law requires interest
to be paid on such insurance proceeds, Lender shall not b~ required to pay Borrower any interest or earnings on such
proceeds. Fees for public adjusters,~ or other third parties, retained ~y Borrower shall not be paid out of the insurauce
proceeds and shall be the sole obliga:ion of Borrower. If the restoration or repair is not economically feasible or Lender's
security would be lessened, the ins.~rance proceeds shall be applied to the sums secured by this Security Instrument,
whether or nol then due, with the eycess, 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 cla~ and related
matters. If Borrower does not respond:' within 30 days to a notice from Lender that the insurance carrier has ofl~red to
settle a cla~, then Lender may negotiate and settle the clam~. The 30-day period will begin when the notice is given. In
either event, or if Lender acquires :he Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a)
Borrower's rights to any ~surance 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 refiind 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 may use the insure.nco 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 sha'tl occupy, establish, and use the Property as Borrower's principal residence within 60
days after the execution of this Securiiy l~trument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after I~he date of occupancy, mfless Lender otherwise agrees in writing, which consent shall
not be u~easonably wit~eld, 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 P?oFerty to deteriorate or conmfit waste on the Property. Whether or not Borrower is
residing in the Property, Borrower~,sh&ll maintain the' Property in order to prevent the Property from deteriorating or
decreasing in value due to its conditidn. Uffiess it is dete~ined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid fi~rther deterioration or damage.
If insurance or condenmation proceeds: are paid in co~ection with damage to, or the taking of, the PropertY, Borrower
shall be responsible for repairing or restoring the Property o~y if Lender has released proceeds tbr such purposes. Lender
may disburse proceeds for die 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 sufficient to repair or restore the Property, Borrower is not
relieved of Borrower'5 obligation for ~h~ completion of such repair or restoration
WYOMING - Single Family- Fannie Mae/Frer~die Mac UNIFORM INSTRUMENT Form 3051 1101
Ba~ke~s Syslems, inc., S~. Cloud, MN Form MD-I-W~ 8/:21/2OOO
09008;¢;'? ,. 423
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 shallI gl. ye 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 tl~e Loan application process, Borrower
e
or any persons or entities acting at the direction of Borrower or with Borrow r s kLowledge 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, bm are not lhnited 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 S2curity Iustrument. If (a) Borr°wer
fails to perform the covenants and agreements contained in this Security Instrument,. (b) there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights unde;' tiffs Security Instrument (such as a
proceeding in bankruptcy probate, for Condemnation or forfeiture, for enforcemt}nt Of a lien which may attain priority
over this Security Instrument or to enforce laws or regulations), or (c) BorroWer h~s ~bandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lenderls interest in the Property and rights under this
Secnrity Instrument, including protecting ,and/or assessing the value of the Propc~rt7, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any suras secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorn:ys' fees to protect its interest in the
Property and/or rights under this Security Instrument, including ~ts secured posmon ~n a bankruptcy proceeding. Securing
the Property inclndes, but is not limited to, entering the Property to make repairs, d. hange locks, replace or board up doors
and windows, drain water from pipes, eliminate building or other code violations' or dangerous conditions, and have
utilities turned on or off: Although Lender may take action under this Section 9,Lent~erJ .' does not have to do so and is not
under any 'duty 0r obligation 'to do so. It is agreed that Lender incurs no liabilit./ for not taking any or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additim~al debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at tile Note rate from the date cf disbursement and shall be payable,
with such interest, npon notice from Lender to Borrower requesting payment. ,
If this SeCurity Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall ,noi merge unless Lender agrees to the
merger in writing.
10. Mortgage lnsnrance. 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 prtviously provided such insurance and
Borrower was required to make separately designated payments toward the premium~ for Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially eqnivalent to the Mo:'tgage Insurance previously in effect,
at a cost substantially equivalent to the cost. to Borrower of the Mortgage Insurance p'l:eviously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower
shall continne to pay to Lender the amount of the separately designated payments that were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain these payments .as'~ 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. full, and Lender shall not be required to pay Borrower any interest or earni~!gs on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insnrance coverage (in the amount and for the period that Lender
reqnires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately
designated payments toward the premiums for Mortgage lnsnrance. If Lender reqtfirefl Mortgage Insurance as a condition
of making the Loan and Borrower was required to make separately designate:J ~ayments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgag:; lnsnrance in effect, or to provide a
non-refundable loss reserve, until Lender's reqnirement for Mortgage Insurance ends in accordance with any written
agreement between Borrower and Lender providing for such termination or untill termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the No e) for certain losses it may incur if
Borrower does not 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 frcm 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 sonrce of'funds that the mortgage insurer may
have available (which may include funds obtained from Mortgage Insurance premiums).,
As a resnlt of these agreements, Lender, any purchaser of the Note, another:in~'!urer, any reinsurer, any other entity,
or any affiliate of any of the foregoing, may receive (directly or indirectly) dmc,unts that derive from (or might be
characterized as) a portion of Borrower's payments for Mortgage Insurance, in ext~hange for sharing or modifying the
mortgage insurer's risk, or reducing losses. If such agreement provides that an affi!iat~' of Lender takes a share of insurer's
risk in exchauge 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 amonuts that Borrower has agreed to pay [or Mortgage
Insurance~ or any otlmr terms of the Loan. Such agreements will not increa'/;e the amount Borrower will owe for
Mortgage Insurance, and they will not entitle Borrower to any refund. '
(h) Any snch agreements will not affect the rights Borrower has--i:5 ~ny--witb respect to the Mortgage
Insurance under the Honieowners Protection Act of 1998 or any other law. 'rh:~'se rights may include the right to
receive certain disclosures, to request and obtain cancellation of the M6rtgage Insurance, to have the Mortgage
Insurance termhmted automatically, and/or to receive a refund of any Mortgvge Insurance premiums that were
miearned at the time of such cancellation or termination.
11. Assignment of Miscellaneons Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, snch Miscellaneous Proceeds shall be applied t6 r~storation or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not less~ned. During such repair and restoration
period, Lender shall have the right to hold such Miscellaneous Proceeds until Lenoer 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 pay lbr the repairs and restoration in a single :di.~bnrsement or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest robe paid
on such Miscellaneous Proceeds, Lender shall not be required to pay Borrowe!; any interest or earnings on such
Miscellaneous Proceeds. I[ the restoration or repair is not economically feasible or i~.ender's security would be lessened,
the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instr_~ment, whether or not then due, with
the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied iff th, e order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, .the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then dr.e, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of tl~e Proper~y in which the fair market value of the
Property immediately before the Partial taking, destrnction, or loss in value is eqi~al to or greater than the amount of the
sums secnred by this Security Instrument immediately before the partial takin~i, ilestruction, or loss in value, nnless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
WYOMING - Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ;' Form 3051 1/01
Bankers Systern~ Inc., St. Cloud, MN Form MD-l-WY B121/2000 'ii (page 4 of 7pages) __
424
amonnt of the Miscellaneous Procedd~i multiplied by the following fraction: (a) the total amount of the sums secured
innnediat¢ly before the partial taking, ~destruction, or loss in value divided by (b) the fair market value of the Property
inunediately before the partial taking, destruction, or loss in value Any balance shall be paid to Borrower.
In the event of a partial taking,! destruction, or loss in value of the Property in which the fair market value of the
Property innnediately before the partial taking, destruction, or loss in value is less than the amount 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, shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned 5Y Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to intake an award .to settle a claim for damages, Borrower fails to respond to Lender
within 30 days after the date the no*JOe is given, Lender is authorized to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the PrOperty or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower
has a right of action in regard to Miscdl;meous Proceeds.
Borrower shall be in default .;it! 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
rights under this Security Instrnmen(..:' Borrower can cure such a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing ~h~ action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Property c. ri'other material impairment of Lender's interest in the Property or rights under this
Security Instrument. The proceeds o~' ~ny award or claim for damages that are a~ributable to the impairment of Lender's
interest in the Property are hereby assigned and shall be paid ~o Lender.
All Miscellaneous Proceeds that: are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
13. 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 not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment oi' (')therwisc modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the o4iginal Borrower or any Successors in Interest of Borrower. Any Ibrbearance 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: 6r remedy.
13. Joint and Several Liabili,;y~i Co-signers; Successors aud Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liabilitg Shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the lX'o::e (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant
and convey the co-signer's interest .in~ the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by ~th(s Security lnsmunent; and (c) agrees that Lender and any other BorroWer can agree
to extend, modify, forbear or make ~n,, accommodations with regard to the terms of this Security Instrument or the Note
without the co-signer's consent. ~
Subject to the provisions of S~:c[ion 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in wrai)ag, and is approved by Lender, shall obtain all of Borrower's rights and benefits
under this Security Instrument..Bmr6wer shall not be released from Borrower's obligations and liability under this
Security Instrument unless Lender ~(g~:~;ees to such release in writing. The covenants and agreements of this Security
Instrument shall bind (except as provi(ed in SectiOn 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender m!iy 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 nnder this Security Instrument, including,
but not limited to, attorneys' fees, property inspection and valuation Ices. In regard to any other tees, the absence of
express authority in this Security lustrument 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 this Security Instnunent or by
Applicable Law.
If the Loan is subject to a la,W which sets maxinmm loan charges and that law is finally interpreted so that the
interest or other loan charges collecte:l ,)r to be collected ~n connection with the Loan exceed the permitted limits, then: (a)
any such loan charge shall be reduct~:d by the amount necessary to reduce the charge to the permitted limit; aud (b) any
sums already collected from Borrower which exceeded permitted limits will be reft}nded to Borrower. Lender may choose
to make this refund by reducing the pri~tcipal owed under thc Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will','~bc,,, treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance oi' any such refund made by direct payment to
Borrower will constitute a waiver of aiayiright of action Bon'ower might have arising out of such overcharge.
15. Notices. All notices giwn:,by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class,marl or when actually delivered to Borrower's notice address if sent by other means.
Notice to any one Borrower shall co.nsiitute notice to al! Borrowers unless Applicable Law expressly requires otherwise.
The notice address shall be the Prop,;rty Address unless Borrower has designated a substitute notice address by notice to
Lender, Borrower shall promptly noti~' 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 cliange 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 :t or by mailing it by first class mail to Lender"s address stated herein unless Lender
has designated another address by no, ice to Borrower. Any notice in connection with this Security Instrument shall not be
deemed to have been given ~to Lende, until actually received by Lender. If auy notice required by this Security Instrument
is also required under Applicable L~i~,oV,~i the Applicable Law requirement will satisfy the corresponding requirement under
this Security InstrnmenL
16. Governing LaW; S'everfil,ility; 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 obligati6ns contained in this Security
Instrument are subject to any requ'rements and limitations of Applicable Law. Applicable Law might explicitly or
implicitly allow the parties to agre:; by contract or it might be silent, but such silence shall not be construed as a
prohibition against agreement by. con:ra,;ct. In the event that any provision or clause of this Security Instrument or the Note
conflicts with Applicable Law; such coflflict shall not affect other provisions of this Security Instrument or the Note which
can be given effect without the confltc :rog provismn.
As used in this Security Instrumimt: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gentle?; (b) words in the singular shall mean and include the plural and vice versa; and
(c) the word "may" gives sole discretion, without any obligation to take any action.
17. Borrower's Copy. Borrowe? shall be given one copy of the Note and of this Security Instrument.
18. Transfer oI' the Property 6r 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 not limited to, those beneficial interests
WYOMING - Single Family - Fannie Mae/(!:reddie Mac UNIFORM INSTRUMENT Form 3051 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-l-WY! 8/21/2OOO (pttge J of 7pages) --
~= :~,, :::. ' · / : ~: 5'..55:4!I!YA!
Bankers Systems, Inc., St. Cloud, MN Fo~'m MD-l-WY 8/21f2000
transferred ii) a bond for deed, contract for deed; installment sales contract or escro,.~ 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 'I~5,nder's prior written consent, Lender
may require immediate payment Jn full of all sams secured by this Security Instrumer. t. 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 accelerfiti3n. The notice shall provide a period
of not less than 30 days from the date the notice is giveu Jn accordance with Secticln.:.15 within which Borrower must pay
all sums secured by this Security Instrument If Borrower fails to pay these sums:prior to tbe expiration of this period,
Lender may invoke any remedies permitted by tbis Security Instrument without further n,~tice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets i:e?tain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any timef, nor~ ' to the earliest of: (a) five days
before sale of ~he Property pursuant to any power of sale contained in this Security lnstrumeut; (b) such other period as
Applicable Law might specify for the termination of Borrower's right to reinstate; q~- ('c) entry of a judgment enforcing this
Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums .'~hich then.~ould be due under this
Security Instrument and the Note as if no acceleration had occurred; (b) cures an;; default of any other covenants or
agreements; (.c) pays all expenses incurred in enforcing this Security Instrument, incl?~ding, 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 sui~h action as Lender may reasonably
require to assure that Lender's interest in tile Property and rights under this Security h:strument, and Borrower's obligation
to pay the sums secured by this Security Instrument, shall continue unchanged. Lender ]nay require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected, b4 Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any sU(h 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 reiustate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Cbmrge of Loan Servicer; Notice of Grievance. The Nbte or a partial interest in the Note
(together with ibis Security Instrument) can be sold one or more times without Frier notice to Borrower. A sale might
result in a change in tile entity (known as tile "Loan Servicer") that collects Periodic P. ayments due under the Note and this
Security Instrument and performs other mortgage loan servicing obligations under ihe Note, this Security Instrument, and
Applicable Law. There also might' be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a
change of the Loan Servicer, Borrower will be given written notice of the change ghi-':h will state the name and address of
the new Loan Servicer, tile address.to which payments should be made 'and any o~her information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter fl~o, Loan is serviced by a Loan Servicer
other than the purchaser of the Note, tile mortgage loan servicing obligations tO [;orrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser
Neither Borrower nor Lender may commence, 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 pursuar~t to this Security Instrument or that
alleges that the other party has breached any provision of, or any duty owed by reas,)n of, this Security Instrument, until
such Borrower or Lender has notified the other party (with such notice given ip. compliance with tile requirements of
Section 15) of such alleged breach and aBbrded the other party hereto a reasonable r~e:iod after the giving of such notice to
take corrective action. If Applicable Law provides a time period which must elapse b::fore certain action can be taken, that
time period will be deemed to be reasonable for purposes of this paragraph. The notize of acceleration and opportunity to
cure given to Borrower pursuant to Section 22 and the notice of acceleration giw:n-to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisio!~s >f this Section 20.
21. Hazardous Substauces. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, ' pollutants, or wastes by Environmental Law ard 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 ~aw" means federal laws and laws of
the jurisdiction where the Property is located that relate to health, safety or enviro:m.ental protection; (c) "Environmental
Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
"Environlnental Condition" means a condition that can cause, contribute to, or ~therwise trigger an Environmental
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or rel~ase of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in tile Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Environmental LaW, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substan:e, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to 5he presence, use, or storage on the
Property of small quantities of Hazardous Substauces that are generally recognized tC be appropriate to normal residential
uses and to maintenance of the Property (including, but not limited to, hazardous substar~ces in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation,': calm, 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 Environmental .Condition, including but not limited
to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused
by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower
· learns, or is notified by any governmental or regulatory authority, or any privaiTe 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 Environmental Law. Nothing herein shall cre,~te any obligation on Lender for an
Enviromnental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant anti .~gree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior~ t0 acceleration following Borrower's
breach of any covenant or agreement in this Secnrity Instrument (but not pl-ior to acceleration under Section 18
uuless Applicable Law provides otherwise). The notice shall specify: (a) tbe d4fanlt; (b) the action required to cure
the default; (c) a date, not less. than 30 days from the date the notice is given to~.Bibrrower, by which the default must
be cured; and (d) that failure to care the default on or before the date sl~eci~ed in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the 'Property. The notice shall further
inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
non-existence of a default or any other defense of Borrower to acceleration and, sale. If the default is not ~:ured on or
before the date specified iii the notice, Lender at its option may reqnire immediate payment in full of all sums
secnred by this Security lnstrnment 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, reasonabl~ attorneys' fees and costs of title
evidence.
If Lender invokes tile power of sal% Lender shall give notice of intentl t~ foreclose to'Borrower and to the
person in possession of the Property, if different, in accordance with Applicabl0~ Law. Lender shall give notice of the
WYOMING -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01
i : (page 6 of Tpages)
sale to Borrower in the manner prfvided in Section 15. Lender shall publish the notice of salel and the Properly
shall be sold in the manner prescribed, by Applicable Law. Lender or ils designee may purchase the Properly at any
sale. The proceeds of the sale shall..be applied in the following order: (a) to all expenses of the sale, including, hut
not limited to, reasonable attorneys'": fees; (b) to all sums secured by this Security Instrnment; and (c) any excess lo
the person or persons legally entitled, to it.
23. Release. Upon payment cf all sums seem'ed by this Security Instrument, Lender shall release this Security
Instrument. Borrower shall pay any i'rezordation costs Lender may charge Borrower a tee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered and tile charging of the t'ce is permitted under
Applicable Law.
24. Waivers. Borrower releases and waives all rights under and by v~rtne of the homestead exemption laws of
Wyoming.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Secnr]ty
Instrument and in any Rider executed by Borrower and recorded with it.
{S3ace Below This Line For Acknowledgment]
STATE OF WYOMING .................................. ~,i.O~h]a.h ....... - ..............County ss:
The foregoing instrument was acknowledged before me this O. fi..O.8.-2.QO4 ......................................................
~,.~. I. Joico,, ~K~ (date)
by DONALD LEROY JOHNSON; DORIS E. JOHNSON, HUSBAND AND WiFE
(person acknowledging)
My commission expires: to' 'S t-~ c~ ~
t
WYOMING - Single Family - Fannie Mae/F'eddie Mac UNIFORM INSTRUMENT
~ankeca Systorns, Inc., SI. Cload, MN Fo~m MD-l-WY 8/21/2000
Form 3051
1/01 {page 7,,f 7pagesJ
SCHEDULE "A"
BEGINNING 467.3 feet East mid 466 feet South oft. he North Quarter (N1/4) Comer of Section
33, Township 30 North, Range :118 'West oft. he 6fl~ P.M., and running South 268 feet; THENCE
West 467.3 feet; TH2ENCE North 268 feet; THENCE East 467.3 feet to the point of beginning.
Subject to a certain right-of-way extending one rod in width along the East boundary of the
aforesai d tract,
STEWART TITLE
GUARANTY COMPANY Commitment'- Sch:du!oA
Page I of 1
xueamo3 ~ll!l PUel-~O~d I~dS~:Zl
~O-ZO-NIlf