HomeMy WebLinkAbout900704~emrn To:
CHASE bL~NHATTAN BANK USA, N.A.
10790 Rancho Bernardo Road
San Diego, CA 92127
ATTN: DOCUMENT CONTROL
9 0 0 7 0
PreparedBy:
Adelina Santiago
504 VIRGINIA DRIVE FORt WASHINGTON,
PA 19034
RECEIVED
r.i ,- ,h.,
LI[IugL.', f:,..I~,"!'rY CLERK
-[$pace Ahove Th is Line Fur Recurding Da/a]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this documenl are defined below and other words are defitted in Seclions
in3' Sectionl 1, 13, 18,16.20 and 21. Certain rules regarding lhe usage of words used in this document are also provided
lA) "Security Instrument" mem:s this doct,menL which is dated June 10 2004
logether will] all Riders Io this document. '
lB) "Borrower" is
TERRY RODGERS AND LYNNE BRAMMER, AS JOINT TENANTS
Bo~Tower is the ~nongagor under lhis Security Instrument.
lC) "Lender" is CHASE MANHATTAN BANK USA., N.A.
Lender is a nationally chartered bank
organized and existing under ihe l£ws of UNITED STATES OF AblERICA
WYOMING -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
(~}®-6(WY) (ooos) ~.~ J~_ -'0~
VMP MORTGAGE FORMS -la00)521-7291
Form 3051 1/01
:272: RODGERS CE496669GG
Lender's addressis 200 White Clay Center Drive, Newark, DE 19711
Lender is the mortgagee under iris Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated June 10, 2004
The Note states that Bon'ower ,)wes Lender
FORTY SEVEN THOUSAND FIVE HUNDRED & 00/100 Dollars
(U.S. $ 47,500.0C )'plus interest. Borrower has promised to pay lhis debt in regular Periodic
Payments and topay the debtilfi, ll not later than June 15, 2014
(E) "Property" means the property that is described below under the heading "Transfer of Rights in
Property."
(F) "Loan" means the debt e"idenced by the Nole, plus interest, any prepaymem charges and late charges
due onder 'the Note, and all su,4s due under this Security Instrument, plus imeresL
((3) "Riders" means all Ride's to this Security Instrument thai al'e execuled by Borrower. The lbllowing
Riders are to be execnted by P3rrower [check box as applicable]:
Adjustable Rate ILider
Balloon Rider
VA Rider
[~ Condominimn Rider L-~ Second Home Rider
~'~ Planned Unit Development Rider [~ 1-4 Family Rider
[---] Biweekly Payment Rider [] Other(s) [specify]
tH) "Applicalfle Law" metes all controlling applicable £ederal, state and local stam~es, regulations,
ordinances and administi'ative ,'ules :~nd orders (that have the eft'ecl of law) as xvell as all applicable final.
non-appealable judicial opinio'~s.
(1) "Community Association Due% Fees, and Assessments" means all dnes, fees, assessments and other
charges that are imposed oil Borrower or the Property by a condominiun~ association, homeowners
association or similar organizaiion.
(J) "Electronic Funds Transfer" means any transfer of fonds, other than a transaction originated by check,
draft, or similar paper instrun:ent, which is initiated through an elect,'onic terminal, telephonic instrument,
computer, or magnetic tape so as re.order, instruct, or authorize a financial instilution to debit or credit an
account. Such lerm inch, des, but is not limited to, point-of-sale lransfers, autoinated teller machine
transactions, iransfers initiated by telephone, wire transfers, and at,tomated clearinghouse transfers.
(IQ "Escrow ]items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, setllemem, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid nnder (l~e cove,-ages described in Section 5) ibr: ti)
damage to, or destruction oi; tile Propelly; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemm:tion; or (iv) nfisrepresentations o~; or omissions as to, the value and/or
condition of the Property.
tM) "Mortgage Insurance" means insurance protecting Lender againsl tile nonpayment et; or default on,
the Loan.
tN) "Periodic Payment" me~ns the regularly scheduled amount due for ti) principal and interest trader II~e
Note, plus (ii) any a~nounts under ~ection 3 of this Security Instrument.
(O) "RESPA" means lhe Real Estate Setdement Procedures Act (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 ti-om time to time,
or any additional or s,lccesso~ legisl~,tion or reguhition that governs tile sa,ne subject matter. As used in this
Security Instrument, "RESPA" refers to all require~nents and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualil~, as a "federally related mortgage loan"
under RESPA.
1~(~-6(WY) (0005) Page 2 o[ 15
Form 3051 1101
......... CE496669GG ,::': j
(P) "Snecessor in Interest of Bnrrower" means any party lbal has laken lidle to tile Property, whefl~er or not
that party has assu'med Borrower's obligations under ihe Node and/or ibis Security lnsdrtm~ent.
TRANSFER OF RIGHTS IN THE FROPERTY
This Security Instrumenl secures to Lender: ti) the repayment of file Loan, and all renewals, extensions and
modificalions et' the Note; a:td (i~) the perlbrmance of Bon'owe,"s covenants and agreements under ihis
Secm'ity Insh'umenl and Ihe Note. For this purpose, Borrower does he,'eby mortgage, grant and convey to
Lender and Lender's success.3rs and assigns; with power of sale, dhe [bllowing described proper~y located
in the County of Lincoln :
[Type of Record ng lurisdiction] LName el' Recording Jurisdiction]
All that tract or parcel of land as shown on Schedule "A" attached hereto
which is incorporated herein and made a part hereof.
ParcellD Number: PARCEL 58
15 CHICAGO STREET
DIAMONDVILLE
("Property Address"):
which cnrrently has the address of
[Street]
[city] , Wyoming 83116 [Zip Code]
TOGETHER WITH all tile tmprovmnents now or hereafter erected on tile property, and all casements,
appurtenances, and fixlures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Insu-ument. All of the foregoing is referred to in this Securily lnstru,nenl as the
"Property."
BORROWER COVEN%.NTS Ihat Borrower is lawfitlly seised of the estate hereby conveyed and bas
the fight to mortgage; grant and convey tile Properly and that the Property is nnencnmbered, except for
encumbrances of record. Borrower wan'ants and will defend generally thc lille to the Property against all
claims and demands, subject lo any ~ncumbrances of record.
THIS SECURITY INSTRUiV~ENT combines uni[brm covenams for national use anti non-uniform
covenants wilh limited vanattons by jurisdiction to constitute a uniform secufity tnslrument covering real
property.
UNIFORM COVENAlx'TS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow llems, Prepayment Charges, and Late Charges.
Borrower shall pay when tt ,e tile pfincq~al o17, and interest on, ibc debl evidenced by the Nole and any
prepayment charges and late charges due trader the Note. Borrower shall also pay fimds lbr Escrow ]lems
pnrsuanl [o Section 3. Payn:ents due under the Note and this Secm-ily lnslrunlent shall be made in U.S.
ctm'ency, floweret, if any c}'.eck or other instrumenl received by Lender as payment nnder lhe Node or this
I~¢D~6(WY) (0005) Page3ot~5 Form 3051 1/01
:272: RODGERS CE496669GG
Security Instrument is returne-I to Lender unpaid, Lender may require that any or all snbsequen~ payments
due tinder the Note and this Security Instrument be made in one or more of Ihe fbllowing forms, as selected
by I~ender: (a) cash; (b) money orde(; (c) certified Check, bank check, Ireasnrer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are i~sured by a federal agency,
instrumentahty, or entity; or (~') Electronic Funds Transfer.
Payments are deemed received by Lender when received al the location designated in lhe Note or at
such other location as may bt:. designated by Lender in accordance with the notice provisions in Seciion 15.
Lender may return any payme it or partial payment if the payment or parlial payments are insufficient to bring
the Loan cra'rent. Lender ma)' accept any payment or partial paymenl insufficient to bring the Loan cnrrent,
without waiver ol'any rights h~retmder or prejudice to its rights to refiise Such payment or partial payments in
the fim~re, but Lender is not b;~ligated to apply such payments at Ihe time such payments are accepled. If each
Periodic Payment is applied ~,s'of its scbedt, led due date, then [.ender need not pay interest on nnapplied
fimds. Lender may hokl such nnapphed fimds until Borrower makes paymen! to bring lhe Loan cun'ent. II~
Borrower does not do so within a re~sonable period of' time, Lender shall either apply such fi~nds or return
them to Borrower. lfnot appl:i~.d earlier, such fimds will be applied to the onlstanding principal balance nnder
lhe Nole immediately prior to foreclosnre. No olt'set or claim which Borrower migt~l have now or in the
future against Lender shall relieve Bm'rower from making payments due trader the Nole and slits Sect, rity
Instrument or peri,brining the covena~ts and agreements secured by this Secnrity Instrument.
2. Application of Payln rots Ill' Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order ol~ priority: (a) inlerest due under the
Note; (b) principal due under the Nole; (c) amounts doe tinder Section 3. Such payinents shall be applied to
each Periodic Payment in the order i~ which it became due. Any remaining amonnts shall be applied first lo
late charges, second to any other amoimts due under this Security lnsu'ument, and lhen to rednce the principal
balsmce of the Note.
If Lender receives ape. yment fi'om Borrower for a delinqnent Periodic Payment which includes a
sufficient amount to pay any late charge .due, the payment may be applied to the delinquent payment and tile
late charge. If more than one ~eriodic Payment is outstanding, Lender may apply any payment received fi'om
Borrower to the repayment o;' lhe Periodic Payments it; and to lhe extent lhat, each payment can be paid ill
fi, Il. To the extent that any excess exists after the payment is applied to the filll payment of' one or more
Periodic Payments, such excess may be applied to any late charges due. Vohmtary prepayments shall be
applied first to any prepayment charges and then as described itl the Note.'
Any application of' payments, insurance proceeds, or Miscellaneous Proceeds to principal due nnder the
Note shall not extend or postpone the dne date, or change the amount, of lhe 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 fidl, a stun (the "Funds") to provide fbr payment of amounts due for: (a)
taxes and assessments and o'her items which can attain priority over this Secmfty Inslrument as a lien or
encumbrance on the Property: (b) leasehold pay~nents or ground renls oll the Properly, il~ any; (c) premiums
fbr any and all insm'ance reqt ired by Lender under Section 5; and (d) Mortgage Insurance premiums, if' any,
or any sums payable by Bo~:ower to Lender in lieu of ihe payment oS' Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." Al ohgination or al any
time during the term of th'z Loan, Lender may reqnire that Community Association Dues, Fees, and
Assessments, it' any, be escrowed by Borrower, and such dues, ['ees and assessments shall be an Escrow Item.
Borrower shall promptly £umish to Lender all notices of amotmts to be paid under this Section. Borrower
shall pay Lender the Funds f.sr Escrow Items unless Lender waives Borrower's obligation to pay the Funds
fbr any or all Escrow Items..ender may waive Bon'ower's obligation to pay to [.ender Funds fbr any or all
Escrow Items at any time. A-.y such waiver may only be in writing In thc event of such waiver, Bon'ower
shall pay directly, when and where ?ayable, the amounts due lbr any Escrow Items for which payment of'
(~I~-6(WY) (0oaS) Page4oflS ~- /(..) --Oe"{ Form 3051 1/01
:272: RODGERS i:; :;i ihl CE496669GG
Funds has been waived by L~"nder and, il' Lender requires, shall furnish to Lender receipls evidencing such
payment within such lime period as Lemler may require. Borrower's obligation to ~nake such payments and
t'o provide receipts shall for all puq~oses be deemed to be a covenant and agreement conlained in this Security
Instrument, as the phrase "ccvenant end agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursua'~l to a waiver, and Borrower l?ails ~o pay Ihe amount due lbr an Escrow llem,
Lender may exercise i~s righl: under Section 9 and pay such amount and Borrower shall then be obligaled
under Section 9 to repay to L~,nder any snch amount. Lender may revoke the waiver as ~o any or all Escrow
llems at any trine by a notice given in accordance with Section 15 and, upon such revocation, Bon'ower shall
pay Io Lender all Funds, and m such amonms, thal are ihen required under this Section 3
Lender may, at any time, collect and hold Funds in an amoun~ (a) sutticient to permit Lender ~o apply
the Funds at the time specified under I(ESPA, and (b) not to exceed lhe nmximum amounl a lender can
require under RESPA. Lend~:r shall estimate lhe amount of Funds due on the basis of current data and
reasonable estimates of expen'lilures Ol' fi~lure Escrow Items or olherwise tn accordance with AppLicable Law.
The Funds shall be held in an instilution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, il Lender is an institution whose deposits are so insured) or m any Federal Home
Loan Bank. Lender shall apl-ly the Funds [o pay the Escrow Items no laler than the time specified under
RESPA. Lender shall not ckarge Bm'rower for holding and applying the Funds, annually analyzing lhe
escrow account, or verifying lhe Escrow Items, unless Lender pays Bon'ower interest on the Funds and
Applicable Law permits Lender lo ma'~-re such a charge. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on the Funds, Lender shall not be req~fired to pay Borrower any interest or
earnings on the Funds. Borro'.¥er and Lender can agree in writing, however, thai interest shall be paid on the
Funds. Lender shall give Io Borrower, wilhout charge, an annual accoummg of the Funds as required hy
I~ SPA.
If there is a surplus of Fnnds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess thnds in accordance with RESPA. If there is a shorlage of Fnnds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender lhe amonm necessary, to make up lhe shorlage in accordance with RESPA, but in no more than 12
monthly payments. If lhere is a defic.lency of Funds held in escrow, as defined under RESPA, Lender shall
notify Bon'ower as required by RESPA, and Borrower shall pay to Lender the amounl necessary to make up
the deficiency in accordance with REqPA, but in no more than 12 monddy paymems.
Upon paymem in fidl ol7 all sums secured by this Security lnslrument, Lender shall promptly retired to
Borrower any Funds held by Lender.
4. Charges; Liens. Pon-ower shall pay all taxes, assessmems, charges, fines, and m~positions
mtribulable to the Properly which can atlain priority over this Securily Inslrument, leasehold payments or
ground rents on the Property,.if any, r, nd Commtmily Association Dues, Fees, and Assessments, il' any. To lhe
exlent lhat these items are Es,:row Items, Borrower shall pay lhem in the manner provided in Section 3.
Borrower shall prompl:y discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the paymem of the obligation secured by lhe lien in a manner acceplable to
Lender, bul only so long as Borrower is performing such agreement; (b) contests Ihe lien in good thith by, or
defends against enforcement of' the hen in, legal proceedings which m 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 fi'om the hold~:r of the lien an al:,n-eement satislhclory to Lender st, bordinating the lien to this
Security Instrument. If Lend'::r determines thai any part of the Property ts subject to a lien which can auain
priority over this Securily h~strmnent, Lender may give Borrower a nonce idenlil~ying tile lien. Within 10
(~6(WY) (ooos) PaDe 5ol~s Form 3051 1101
:272: RODGERS CE496669GG
days of the date on which the, notice is given, Bon'ower shall satisfy lbe lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borr~wer to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insur:mce. 'BOrrower shall keep the improvemenls now existing or hereafter erected on the
Property insured against loss by fire; hazards included within the ~erm "extended coverage," and any other
hazards including, but not limited t0, earthquakes and floods, for which Lender reqnires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender~requi,-es purst~m~l to the preceding sentences can chan ge during the ~erm of the Loan.
The insm'ance carrier providiag the' insurance shall be chosen by Bon'ower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower 1o pay, in connectk'n with lhis Loan, either: (a) a one-ti,ne charge [br flood zone deternfinmion,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent char:,~es each time remappings or similar changes occnr which reasonably might
affect st|ch determination or .'ertificatiou. Borrower shall also be responsible for lhe paymem of any fees
imposed by the Federal Emergency Management Agency in connectiol~ with the re%qew of any flood zone
determination resulting f¥om a:t objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender [nay oblain msnrance
coverage, at Lender's optionl and Bon-ower's expense. Lender is under no obligation to pm-chase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equilyjn the Property, or the contents of the Property, against any risk, hazard
or liability and might provlde gr~eater or lesser coverage than was previously irt et'fect. Bon'ower
acknowledges that the cost e~' lhe. iusurance coverage so obtained lnight signilicantly exceed the cost of
insurance that Bon-0wer 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 amoums shall beat' interesi at
the Note rate fi-om the date oCdisbur,,~ement and shall be payable, with such interest, upon notice from Lender
to Borrower reqnesting paymont.
All insurance policies required, by Lender and renewals' of such policies shall be subjecl 1o Lender's
right to disapprove such policies, shall include a standard morlgage clause, and shall name Lender as
mortgagee and/or as an addil onal loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender require;, Bon:ower shall promptly give to Lender alt receipts of paid premiums and
renewal notices. I~' Borrower )blains any form o£ insurance coverage, no~ otherwise required by Leuder,
damage to, or destruction of, the P]:operty, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
hi the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Bor,'ower oH~erwise agree in
writing, any insurance proceeds, whether or nol 1he underlying insurance was required by Lender, shall be
applied to restoration or repair of' :he PropelTy, if the restoralion or repair is economically feasible and
Lender's security is not lessened.-During snch repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has bad an opportunity to inspect such Properly to ensure the wo,-k
has been completed to Lender's salisl:action, provided lhal such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or m a series of progress
payInents as the work is corn, pie/ed. Unless an agreement is made in writing or Applicable Law reqnires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Bolxower any interest or
· earnings on sucb proceeds. Fees for pnblic adjusters, or other Ihird parties, retained by Borrower shall not be
paid on! of lhe insurance proceeds and shall be the sole obligation o~' Borrower. I1' Ihe restoralion or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
(I~-6(WY) (0005)
Pa§e 6 of 15
~:~- [0 -0£t Form3051 1/01
(,"' 593
t'he su~ns secured by this Securily Instrument, whether or not then title, with Ihe excess, if any, paid to
Borrower. Such insurance proceeds stiall be applied in the order provided tbr in Seclion 2.
If Bon'ower abandons tbe Property, Lender may file, negoliate and se,lc any available insurance claim
and related matters. If Borrower does no~ respond within 30 days lo a nntice from Lender thai lhe insurance
carrier has ot`fered to settle a claim, then Lender may negotiate anti settle the claim. The 30-day period will
begin' when the notice is given In either event, or if Lender acqmres the Property under Section 22 or
otherwise, Bon-ower hereby assigns [o Lender (a) Borrower's rights Itl tiny insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other o[' Bon-ower's
rights (other than the right tc any l'efimd of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable ~o the coverage o[' the Property. Lender
may use the insurance proceeds eitt~er to repair or restore the ?rol)eny m m pay amounts nnpaid under ihe
Nole or Ihis Security Instrument, whether or nol lhen due.
6, Occupancy. Bon'ower'shall occupy, establish, and use the Properly as Borrower's principal residence
wilhin 60 days after lhe execr,on or' this Security Instrumenl and shall commue to ocmlpy the Property as
Borrower's principal residence for at least one year at'let the date o1' occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenualing circumstances
exist which are beyond Bon-ow'er's control.
7. Preservation, Maint,mance and Protection of the Property; lnspectinns. Borrower shall not
desU'oy, damage or impair the Property, allow the Property to deteriorate or colnmit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deterioraung or decreasing in value due IO its condition Unless il is determined pursuanl 1o
Section 5 that repair or restoration is nol economically feasible, Borrower shall promplly repair tile Property it'
danmged to avoid furlher de~_erioration or damage. If insurance or condemna,on proceeds are paid in
connection with damage to, cr the taking o[', the Property, Borrower shall be r~sponsible fbr repairing or
restoring ihe Prol)erty only if' Lender has released proceeds for such pm])oses. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series o£ progress paymenls as Ihe work is
completed. If the insurance or condemnation proceeds are nol sut'ficient to repair or restore lhe Property,
Borrower is not relieved of Berrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspeclions ot` lhe Property. If' it has
reasonable cai, se, Lender ma5 inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specit`ying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in delhult if} during the Loan applicalion process,
Borrower or any persons or ,:nifties .acting at tl~e direction of Borrower or with Bon'ower's knowledge or
consent gave materially [:alse. misled.ding, or inaccurate in£onnation or slatcmenls to Lemler (or t`ailed to
provide Lender with material n['oiaqqgtion) in connection with the Loan. Malcrial representalions include, but
are not limited to, representations co~;ceming BorroweFs occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Inte'rest in the Property aud Rights Under this Security Instrument. I£
(a) Bon:ower fails to perform ~he covenants and agreements contained in this Security Instrument, (b) there is
a legal proceeding thai might significantly at`['ecl Lender's interest in the Property and/or rights under ll~is
Security Instrument (such as a proceeding in bankrul)tcy, probate, £or condemnation or fbl'f'citnre, /'or
enforcement of a lien which nmy attain priority over this Security Instrument or to enibrce laws or
regulations), or (c) Bon'owm bas abandoned ihe Property, then [.m~der may do and pay [br whatever is
reasonable or appropriate Io protect Lender's imerest in the Properly and rights tinder this Security
Instrument, including protecting and/or assessing Ihe value o£ tile Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Inslrt, ment; (b) appearing in cuurt; and (c) paying reasonable
(~-6(WY) (0005)
Page 7 oi 15 Form 3051 1/01
:272: RODGBRS
CE496669GG
". 59</
altorneys' tees to protect tis interest ia the Property and/or rights tinder Ihis Security lnstrnment, iucluding its
secured position in a bankrnpt~ y proceeding. Securing the Property includes, btll is not limited m, entering the
Property to make repa~s, chv ~ge locks, replace or bom-d up doors and windows, drain waler f?om pq)es,
eliminme building or other code violations or dangerous conditions, and have milifies turned on or ot't~
Although Lender may take action under this Section 9, Lender does noi have to do so and is not under any
duly or obligation lO do so. t is agreed thai Lender incurs no liability ibr nol taking any or all actions
authorized under ibis Seclion 9.
Any ainoums disbnrsed by Lehder nnder this Section 9 shall become addilional debt of Bon'ower
secured by ibis Security lnsli-ument' These amounts shall bear interest al lhe Note rate fi'om lhe date of
disbursement and shall be payable,'with such interest, npon notice limn Lender to Borrower requesting
payment.
If this Secnrity Instrnme~t is on a leasehold, Bmxower shall comply wilh all the prowsions of lhe lease.
If Bon-ower acquires tee title to the Property, lhe leasehold and the l~e lille shrill not merge tmless Lender
agrees to the merger in writing5.
10. Mortgage lnsuranc ~. If Lender required Mortgage Insurance as a condition of making Ihe Loan,
Bo~ower shall pay the premiflms requked to maintain the Mortgage Insurance in e[tEcl. I1~ fbr any reason,
lhe Mortgage Insurance covelage required by Lender ceases lo be available from Ihe mortgage insurer lhat
previously provided such insnrance, aml Borrower was required lo make separately designaled payments
Ioward the premmms for Mm~gage Insurance, Borrower shall pay lhe premiums reqnired to obtain coverage
subslantially equivalent to the Mol~gage Insurance previously in ell~ct, al a cost substantially equivalenl lo
the cost 1o Bo~ower of the Mortgage lnsnrance previously in effect, ti-om an allemate mortgage insurer
selected by Lender. If subslantially equivalent Mortgage Insnrance coverage is nol available, Borrower shall
conlinue to pay to Lender the amount of lhe separalely designaled paymenls thai were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain Ihese payments as a non-refimdable loss
reserve in lieu of Mortgage Im, urance Such loss reserve shall be non-refimdable, notwithstanding the thcl thai
the Loan is ultimalely paid in fidl, ard Lender shall not be required ~o pay Borrower any interesl or earnings
on such loss reserve. Lender can no longer require loss reserve payments il' Mollgage lnstirance coverage (in
the amoum and/hr lhe period lhat Lender requires) provided by an insnrer selected by Lender again becomes
available, is oblained, and Lender reqnires separately designaled paymenls toward the premiums tbr Morlgage
Insurance. [f Lender required Mortgage Insurance as a condilion of making the Loan and Borrower was
required lo make separately designaled payments toward the premiums lbr Mortgage lnsorance, Borrower
shall pay the premiums reqnircd lo mainlain Mortgage Insurance in eltEct, or ~o provide a non-refimdable loss
rese~e, until Lender's reqnir~,ment ~br Mortgage Insnrance ends in accordance with any writlen agreeincni
between Borrower and Lendes providing t'or such terminalion or unlil ~ermination is requirad by Applicable
Law. Nothing in this Section ' 0 affects Bo~xower's obligation to pay imerest at the rate provided in the Note.
Mortgage Insurance rein:~burses Lender (or any entity thai purchases the Note) for certain losses i~ may
incur it~ Bon'ower does not reI ay the Loan as agreed. Bon'ower is no~ a party to Ihe Mortgage lnsurance~
Mortgage insurers evaluate their lotal risk on all such insurance m force Ii'om tmae to lime, and may
enler inl o agreements with other parl:es that share or modi~ their risk, or reduce losses. These agreements are
on terms and conditions lhat are sali:;thctmT lo lhe mmagage insurer and Ibc olher party (or parties) lo Ihese
agreemems. These agreements may require the mortgage insurer to make paymems nsing any source o1' lhnds
that the mortgage insurer ma' have available (which may include fimds obtained fi'om Mortgage lnsnrance
premiums).
As a resnll of these agreements, Lender, any pnrchaser of lhe Nole, another insurer, any reinsurer, any
other enlily, or any afliliale o~' any ot' the [bregoing, may receive (direclly or indireclly) amounts Ihal derive
fi'om (or might be characlerized as) a portion of Borrower's payments Ibr Motlgage Insurance, m exchaoge
for sharing or modi~ing the morlgage insurer's risk, or reducing losses. If such agreement provides thai an
affiliate of Lender takes a sh~re of)he insurer's risk in exchange tbr a share of the premiums paid to the
insurer, the amangement is often tem~ed "captive remsnrance." Further:
(a) Any such agreements w.iil not afl¥ct the amounts that Borrower has agreed In pay for
Mortgage lnsnrance, or an* other terms of the Loan. Snch agreements will not increase the amonnt
Borrower will owe fin' Mort gage Insurance, and they will not entitle Bnrrower to any refnnd.
~/D _~form3051 1,01
:272: RODGERS ~::Ji i }i .! :}'? ;~CE496669GG
(b) Any such agreeme~'ts will ilo! affect the rights Borrower Ii;ts - if any - with respect to the
Mortgage Insurance tinder tl,e ][lnmeowners Prutection Act of 1998 ur ;iny other law. These rights may
include the right to receive eertai~i~ disclosures, to request and obtain c:mcelladnn of the Mnrtgage
Insnrance, to have tile Motto, age Insurance terminatetl automatically, and/ur to receive ;l refund of tiny
Mortgage Insurance premitn~s tha~ were tmearned at the time nl' such c:mcell'ation or termination.
11. Assignment of MiScellaneons proceeds; Forfeitnre. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damage'd, such lvliscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have tide right to hold such Miscellaneous Proceeds until
Lender has had an opporl'unity to inspect such Property to ensure lhe work has been completed to Lender's
satisfaction, provided that such inspection shall be underlaken promptly Lender may pay for lhe repairs and
restoration in a single disbursement or in a series of progress paymeats as the work is completed. Unless an
agreement is made in wriling ~r Applicable Law requires interest lo be paid on such Miscellaneous Proceeds,
Lender shall, not be required lC pay Borrower any imerest or earnings on such Miscellaoeous Proceeds. I'l' Ihe
resloration or repair is not economically feasible or Lender's security would be lessened, tile Miscellaneous
Proceeds shall be applied to tl',e sums secnred by this Security Instrument, whether or not then due, wi~h the
excess, if any, paid to BesTower. 8uch Miscellaneous Proceeds shall be applied itl the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value ol' the Property, the Miscellaneous Proceeds
shall be applied to the sums socured by this Security Instrument, whether or not then due, with lhe excess, if
any, paid to Bolxower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property iinmedi~,tely belbre the partial laking, destruction, or loss in value is equal to or greater
than lhe amount of the sums secured by this Security Instrument immediately before lhe partial taking,
destruction, or loss in value, u~lless Borrower and Lender otherwise agree itl writing, the suins secured by this
Security Instrument shall be red;teed by the amonm of the Miscellaneous Proceeds muhiplied by the
fbllowing fi'action: (a) the total amouut of the sums secured immediately before the partial taking, destruction,
or loss in vahte divided by (b) the fhir ~narket value of' the Property immediately be['ore 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 immediately bel'bre the partial taking, destruction, or loss in value is less than the
amount of lhe sums secured immedialely befbre the partial laking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in wDSting, the Miscetlaneons Proceeds shall be applied to lhe sums
secured by this Security lnslrt ment Whelher or nol lbe sums are then due.
If the Property is abamh, ned by Bon'ower, or it; after notice by Lender to Borrower lhat lhe Opposing
Party (as defined in the next sentence) offers to make an award Io settle a claim For damages, Borrower fi;ils
to respond to Lender within ';0 clays after lhe date the nolice is given, Lender is authorized m collect and
apply the Miscellaneons Proc;:. eds eitiier to restoration or repair of the Property or to the sums secured by this
Secnrity Instrument, whelher or not then dne. "Opposing Party" means lhe third party that owes Borrower
Miscellaneons Proceeds or the: party against whonr Beta'ewer has a right of action in regard to Miscellaneous
Proceeds.
Bon'ower shall be in det'ault il' any action or proceeding, whether civil or criminal, is begun Ihal, itl
Lender's judgment, could rest It in forfeilure of the Property or other material impaimaent of Lender's interesl
in the Properly or righls unde' lhis Sgcurity lnslrument. Borrower can cure sucha defauh and, il' acceleration
has occurred, reinstate as pro~ ided ir Seclion 19, by causing ride action or proceeding to be dismissed widl a
ruling lhat,.itl Lender's judgment, precludes forfeiture of Ihe Property or olher material impainnenl et'
Lender's interest in the Pi'operty or rights trader this Security Instrument. TIDe proceeds of any award or claim
for damages that are altributa 3lc to the impairmeul of Lender's interesl in Ihe Properly arc hereby assigned
and shall be paid Io Lender.
All Miscellaneous Proceeds lha! are not applied to restoration or repair of the Properly shall be applied
in die order provided ibr in Section 2.
(~}~6(VVY) (0o05) Pagegofl5 Form 3051 1101
:272: RODQERS CE496669GG
596
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of' lhe time for
payment or modification of aLmrtizalion of the sums secured by this Security Instrument granted by Lender
to Borrower or any Soccessor in Interest of Borrower shall not operme to release tile liability of Borrower or
any Successors in Interest of';3orroC, er. Lender shall not be required to commence proceedings against any
Successor in Interest o£ Bon:ower or: to refilse Io extend time for payment or olherwise modify amortization
of the sores secured by this Security'4nstrument by reason of any demand made by tile original Borrower or
any Successors in Interest of Borr6wer. Any tbrbearance by Leuder in exercising any. right or remedy
including, without limitation, Lenders acceptance of paymenls from third persons, entities or Successors in
lnlerest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclt, de the
exercise of any right or remedy. ~
13. Joint and Several Liabilit); Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees, lhat Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Insmun,cnt but:does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, :::rant and convey the co-signer's interesl itl the Property under the terms of this
Security Instrument; (b) is no~ personally obligated 1o pay the sums secured by this Security Instrument; and
(c) agrees lhat Lender and any other Borrower can agree to extend, morillO,, forbear or ~nake any
accommodations with regard .to the terms of this Security Instrument or Ille Note without the co-signer%
consent.
Sobject to the provisions of Seciion 18, any Successor in Interest of' Borrower who assumes Borrower's
obligations under this Secur:ty Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and bene'its tinder this Security Instrument. Borrower shall not. be released Ii'om
Borrower's obligations and li:tbility tinder this Security Instrument unless Lender agrees to such release in
writing. The covenants aod agreements of this Security Instrument shall brad (except as provided in Section
20) and benefit the successors., and assibms of Lender.
14. Loan Charges. Le.~der may charge Borrower fees fbr services perfbnned in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Secuhty Instrmnent, including, but not limited to, attorneys' fees, property inspection and valuation tees. In
regard to any other fees, the t~bsence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be cons!rued as 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 lhe Loan is subject to a law which sets maximom loan charges, and that law is finally interpreted so
that the interest or other loaf charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such lean charge shall be reduced by the amount necessm3, to reduce tbe charge
to the permitted bruit; and (b) any sums ah'eady collected t?om Borrower which exceeded permitted limits
will be refhnded to Borrower. Lender may choose to make this rethnd by reducing the principal owed under
the Note or by making a dir~mt payment 1o Borrower. If a reft, nd reduces principal, the reduction will be
lreated as a partial prepayment wit'mt,t any prepaymenl charge (whether or not a prepayment charge is
provided tbr under the Nole). Borrower's acceptance of any such refund made by direct payment to Bon'ower
will constitute a waiver of anb' right of action Borrower nfight have arising out o{' such overcharge.
15. Notices. All notices ~iven by Bon'ower or Lender in connection with this Securily Instrument must
be in writing. Any notice to Bon'ower in connection with this Security [nslrument shall be deemed to have
been given to Borrower when mailzd by first class mail or when aclually delivered to Borrower's notice
address if sent by other means. Nolice to any one Bo~Tower shall constilute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a s,ubstitu~e notice address by notice to Lender. Borrower shall promptly noti~
Lender of Borrower's change of address. It' Lender specifies a procedure lbr repo~ting Borrower's change of
address, then Borrower shall only re.tort a change of address through that specified procedure. There may be
only one designated notice address undm' this Scctirity Instrument al any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by no6ce to Bon'ower. Any notice m connection with this Security lnslrument
shall not be deemed to have been gix en to Lender until actually received by Lender. If any notice required by
this Security Instrument is al~o reqmred under Applicable Law, the Applicable Law requirement, will satisfy
the corresponding requirement unde~ this Security Instrument.
(ooo )
:2"/2: RODGERS 'i, .'[. :ii~I CE496669GG ' · :i
16. Governing Law; Severabirity; Roles of Construction. This Security lnstrumenl shall be governed
by federal law and the law cf lhe jurisdiction in which tile Properly is located. All rights and obligations
contained in this Security Instrument are subject to any requiremems and limilations of Applicable Law.
Applicable Law nfighl explicitly or implicitly allow the parlies to agree by contract or il might be silenl, bul
such silence shall not be construed as a prohibition against agreemenl by'conlract. In tile event that any
provision or clause of this Se,rarity ]~strument or file Note conflicts with Applicable Law, such conflict shall
not affect olher provisions o£ this Security Instrnment or the Nole which can be given effect without the
conflicling provision.
As used in this SecurHy Instrument: (a) words of the masculine gender shall mean and include
corresponding neuler words or wot:ds of lhe feminine gender; (b) words in the singular shall mean and
include the plnral and vice versa; and (c) the word "may" gives sole discrelion wilhont any obligation to lake
any action.
17. Borrower's Copy. Borrower shall be given one copy of tile Note Lint] of' this Secorily Inslrument.
18. Transfer of the P"operty or :t Beneficial Interest ill Borrower. As used in lhis Secliou 18,
"]nteresl in tile Properly" me,ms any legal or beneficial interest in the Property, including, bnl not limiled to,
those beneficial interests transferred in a bond for deed, contract ['or deed, inslallment sales contract or escrow
agreement, lhe intent of which is the h'ansfer of title by Borrower al a fnlure date to a purchaser.
If all or any part of the ?roperty or any Interest in the Property is sokl or transferred (or if Bon-ower is
not a natural person and a bereficial interest in Bon'ower is sold or traosferred) without Lender's prior writlen
conseot, Lender may require immediate payment in fidl of all sums secured by this Security Instrument.
However, this option shall no: be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises thi~ option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instroment. If Borrower fails to pay these
snms prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without fitrther nc~tice or demand on Borrower.
19. Borrower's Right to l~einstate Alter Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Securi/y Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Secnri3y Inslrument; (b) soch other period as Applicable Law might specif~, lbr the termination of BorroweFs
right to reinstate; or (c) enlr? of a judgment enforcing this Secority h~strument. Those conditions are that
Borrower: (a) pays Lender al/sums 'which ihen would be due under this Security Instrument and Ihe Note as
if no agceleration had occur--ed; (b) cnres any defhult of any olher covenants or agreements; (c) pays all
expenses incurred in enf~i-ciug this Security Instrnment, including, but not limited to, reasonabie attorneys'
fees, property inspection and, valnation fees, and olher tees incurrt:d for the purpose of prolecting Lender's
interest in the Property and rights tinder this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lei~der's interes! in the Property and righls under lhis Security [nstrnmeul,
and Borrower's obligalion 1o pay tl:~e sums secured by this Secuhly Instrument, shall contiune unchanged.
Lender may reqnire thal Bonower pay such reinstatement snms and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided au) such check is drawn upon au institution whose deposits are insm'ed by a federal
agency, instrumentality or ~nlity; er (d) Electronic Funds Transl:'er. Upon reinstatement by Borrower, this
Security lnstnlment and obl!gation.~ secured hereby shall remain fidly elt'eclive 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; Chat:ge of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Nole (logether with this Sect!rity In~trumenl) can be sold one or more times withoul prior notice to Borrower.
A sale might resul! in a change in the. entity (known as lhe "Loan Servicer") that collects Periodic Payments
due nnder the Note and this Sectolity Instrnment and performs other mortgage loan se,-vicing obligations
tinder the Note, iris Security. Instrument, and Applicable Law. There also might be one or more changes of
tile Loan Servicer unrelaled to a sale oflhe Nole. Ii'there is a change of the Loan Servicer, Borrower will be
given written notice of the change' which will state the name and address of the new Loan Servicer, the
address to which payments slmuld t;e made and any olher information RESPA requires itl connection wilh a
(~)~-6(WY) (ooos) Paga ~1 of IS
2 7 2: RODGERS CE 4 9 6 6 6 9GG
, '-, 598
notice of transfer of servicing If the Note is sold and thereafle,-the Loau is serviced by a Loan Servicer olher
than the purchaser of the No'e, the morigage loan servicing obligations to Bon-ower will remain witl~ Ihe
Loan Servicer or be transfen-ed to a successor Loan Servicer and are not assumed by the Note purchaser
unless otherwise provided by 'he Note purchaser.
Neither Borrower nor l_ender may commence, join, or be joined lO any judicial action (as either an
individual litigant or the men, her ora class) that arises from the other party's acnons pnrsuant to this Security
Instrument or that alleges lhat the other party has breached any provision o( or any duty owed by reason o1~
this Security Instrument, until sttch Bon'ower or Lender has notified the other party (wilh sncb notice given in
compliance with the requiremmts of Section 15) of' such alleged breach and afforded lhe other party hereto a
reasonable period after the giving of sttch notice to take corrective action. If Applicable Law provides a time
period which nmst elapse be~'re certain acnon can be taken, that time period will be dee,ned to be reasonable
fbr purposes of this paragraph. The notice of accelerahon and opportunity to cnre given to Borrower pursuant
to Section 22 and the notice of acceleration given 1o Borrower pnrsuant to Seclion 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Suhst~.nces. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic cr hazar'Jous subslances, pollulanls, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flam~nable or toxic petroleum producls, Ioxic pesticides and
herbicides, volatile solvents, materims containing asbestos or formaldehyde, and radioaclive materials; (b)
"Envh'onmental Law" means federal taws and laws of the jurisdiction where the Property is located that relale
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal a:tion, as defined in Environmental Law; and (d) an "Environmentt, I Condition"
means a condition that can cattse, co6tribute 1o, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an El'wiromnental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates'a condition that adversely affects the value of the Property. The preceding two
senlences shall not apply to d~e presence, use, or s~orage 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 Propeity (including, but nol limited to, hazardous subslances iii consumer products).
Borrower shall promptly give Lender written nonce of (a) any invesdgauon, claim, demand, lawsuit or
other action 'by any governrpenlal or regulatory agency or privme party involving the Property and any
Hazardous Subslance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but nol limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous S:.bstance, and (c) any condition caused by the presence, nse or release of a
Hazardous Substance which ~dversely affects the value of the Property. if Borrower learns, or is notified by
any governmental or regulatcry authority, or any private party, that any removal or other remediation of any
Hazardons Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Et~vironmental Law. Nothing herein shall create any obligation on Lender ibr an
Environmental Cleanup.
~);fi(WY) (oo05) Pa§e 12 or lS ~rm 3051 1101
:'~ ~ : 272: RODGERS Cr ' ;
...... i' CE496669GG
5 39
NON-UNIFORM COVENANTS. BolTower and Lender fm-ther covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratio, following
Borrower's breach of an3 covenant or agreement in this Security Instrument (bnt not prior to
acceleration under Section t8 nnless Applicable Law provides otherwise). The notice sball specify: (a)
the default; (b) the action l equired to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrc,wer, by which the default must be cnrcd; and (d) thai failure to cure the
delhult on or before the da,~e specified in the notice ~nay result in acceleration of the snms secured hy
this Security Inslrument and sale of the Property. The notice shall farther inform Borrower of tbe
right to reinstate after 'acceleration' and the right to bring a court :lction to assert lhe non-existence of a
default or any other defen,~e of Borrower to acceleration and sale. If the default is not cured on or
before the date specilied in the notice, Lender at its option may reqnire immediate payment iii full of
all sums secnred by this Sucurity lnstrumenl without h~rtber dcm:md and mqy invoke the power of
sale and any olher remedies permitted by Applicable Law. Lender shall lie entitled to collect all
expenses incurred in pnrsuing the remedies provided in ibis Seclion 22, including, bnt not limiled to,
reasonable attorneys' fees t~nd oasis of title evidence.
If Lender invoices the power of sale, Lender shall give notice of intent to foreclose to Borrower
and to the person in possession ~)f the Property, il' dilTerent, in accordance with Applicable Law.
Lender shall give notice of the sa~e to Borrower in the manner prtn'ided in Seclion 15. Lender slmll
publish the notice of sale, and the Property shall be sold in lhe manner prescrihed by Applicahle Law.
Lender or its designee maypurcbase the Property at any sale. The proceeds of the sale shall be applied
in the following order: (a) to ail expenses of the sale, inclnding, bnt not limited to, reasonahle
attorneys' lees; (h) to all sums secured by this Secnrity Instrument; and (c) tiny excess to the person or
persons leg:ally entitled to it.
23. Release. [/pon payment of all sums secured by this Security Instrument, Lender shall release this
Secnrity Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a t'ee lbr
releasing this Secufily lnstrt'mm~t, but only if the fee is paid to a third pauy tbr services rendered and the
charging of the fee ts permitted under Apphcable Law.
24. Waivers. Bon'ower releases and waives all rights under and by virtue of the homestead exemption
laws of Wyoming.
Page laofl5 ~-__ ../t~_~9 ~ Form 3051 1/01
i272:
RODC, ERS CE 4 9 6 6 6 9GG
BY SIGNING BELOW, Bon'owe: accepts and agrees to the terms and covenants conlained in
Secm'ily Instrmnent and in any Rider executed by Borrower and recorded with il.
Wihlesses:
___ (Seal) -Borrower
(Seal)
· -Borrower
(Seal)-
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-l]on'ower
(Seal)
-l:lormwer
: 272:
RODGERS
Page 140515
CE496669GG
Form 3051 1/01
The fbregoing insn'umen; was acknowledged before me this
My Com~nission Expires:
(0005) Page 15 oi' 15
Form 3051 1/01
: 272: RODGERS
CE496669GG
Parcel 58 to the Town of Dialrondville, Lincoln County, Wyoming as described on the otScial
plat thereof~