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HOMECOMINGS FINANCIAL NETWORK. INC
ONE MERIDIAN CROSSING. STE 100
lvUNNfiAPOLIS, MN 55423
Loan Numb,'r: 042-115835-3
900792
Prepared By:
HomeComings Financial Network
14850 Quorum Drive, Suine 500
Dallas, TX 75254
I:~OOK
RECEIVED
LINCOLr! COUNTY CLERK
.FI! -'6 F','I I~: fib,
[SI)ace Above Tiffs Lhle Fur Rec,,rdiJig Dalai
MORTGAGE
IvI1N
100062604211583531
DEFINITIONS
Words used iu multiple sections of this document are dclincd below and other words are defined m
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this docmnent are
also provided in Section 16.
(A) "Security Instrument" means this docmnent, wtdch is dated
together with all Riders to this document.
(B) "Borrower" is
DEBR_A JENSEN, AN UNMARRIED WOMAN
JULY 1ST, 2004
Borrower is the mortgagor re-.der this Security Instrument.
(C) "IVEERS" is Mortgage ]51ectrmfic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nomiuee ~br Lender and Lender's successors and assigns. MERS is the mortgagee
tinder this Security Instrument. MERS is organized and existing under rile laws of Delaware, and bas an
address a~d telephone nmnber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-1VIERS.
WYOMING-Single Family-Fannie 1~3ae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
ivIFWY7770 (11/00) / 042-115835-2
(~®-6A(WY) (ooo,s),o'~
VMP MORTGAGE FORMS - [800] 521-7291
Form 3051 1101
(D) "Lender" is HoMEcoMiNGS FINANCIAL NETWORK INC.
Lender is a CORPORATION
orgafized and existing under the laws of DELAWARE
Lender's address is 14850. :QUORUM DRIVE, SUITE 500
DALLAS, TX 75254
(E) "Note" means the pronfiss~0ry note signed by Borrower and dated JULY 1ST, 2004
The Note states tlmt Borrower owes Lender SIXTY THOUSAND AND NO/100
Dollars
(U.S. $ 60,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later dmn AUGUST 1 ST, 2034
~') "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt m,idenced by tl~e Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due uuder ti, is Secm'ity lnst,'un~ent, plus interest.
0I) "Riders" means all Riders to tiffs Secm'ity Instrunmnt that are executed by Borrower. The following
Riders are to be executed by Eorrower [check box as applicable]:
[--] Adjustable Rate Rider I~ Condonfinium Rider [-~ Second Hmne Rider
~-~ Balloon Rider [---~ Planned Unit Development Ride,- ~-~ 1-4 Family Rider
[--] VA Rider ~---] Biweekly Payment Rider [--] Omer(s) [specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordi~mnces and adnfitfistrative rules and orders (flint have fl~c cfi%ct of law) as well as all applicable final,
non-appealable judicial opinibns.
(J) ":Cmnmunity Association Dues, Fees, and Assessments" meaus all dues, fees, assessments and off,er
charges flint are imposed op. Borrower or file Property by a condonfi~fium association, homeowners
association or similar orga~fiz~ition.
(K) "Electronic Funds Trarsrer" means any transfer of funds, off, er fl~au a transaction originated by
check, draft, or siufilar paper instrument, which is initiated fl~rough an electronic ternfi~ml, telephonic
instr, ument, computer, or nmgnetic tape so as to order, instruct, or aoflmrize a financial institution to debit
or credit an account. Such term incfudes, but is not limited to, point-of-sale transfers, automated teller
nmcltine transactions, transfers i~fitiated by telephone, wire trausfers, and au,ohm,ed clearinghouse
transfers.
(L) "Escrow Items" ~neans ~'lose items fl, at are described in Section 3.
0VI) "Miscellaneous Proceeds" means any compensation, settlemeut, award of danmges, or proceeds paid
by any flfird party (off,er titan insurance proceeds paid under the coverages described irt Section 5) for: (i)
danmge to. or destruction o'f, fl~e Property; (ii) condem~mtion or oilier taking of all or any part of the
Property; (iii) conveyauce in lieu of condennmtion; or (iv) nfisrepresentations of, or onfissions as to, fl~e
value and/or condition of fl~e' Property.
(N) "Mortgage Insurance" means insurance pro,cc,lug Lender against fl~e nonpayment of, or default on,
fire Loan.
(O) "Periodic Payment" means fl~e regularly Scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of tiffs Security lnstrumeot.
(P) "RESPA" means the Rea! Estate Setdement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
imple!nenting regn!ation, Regulation X (24 C.F.R. Part 3500), as fl~ey might be amended fi-om time to
time, or any additiorml or successor legis!adon or regulatiou that governs the same snbject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions flint tire imposed iu regard
to a "federally related nmrtgage loan" even if tim Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(~-6AiWY) Iooo~).o~ P~e* 2 o~ ~s Fo~m 3051 1/01
(Q) "Successor in Interest t~f.Borrower" means any party that has taken title to tile Property; whether or
not dmt party has assumed B0r!rower's obligations under fl~e Note and/or fltis Security Insmm~ent.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) file repayment of the Loan, and all renewals, extensions and
modifications of fl~e Note;'a:nd (ii) fl~e performance of Borrower's covenants and agreements under
ibis Security Instrument and ~:he Note. Fol' this purpose, Borrower does hereby mortgage, grant and convey
to MERS (solely as noofim'.~e for Lender and Lender's successors and assigns) and to file successors
and assigns of MERS, wifl~ power of sale, the following described property located
in the COUNTY of LINCOLN
[Type of Recording lurisdiction] [Name or' Recording lurisdiclion]
LOT 15 OF TBE HIALEAH SUBDIVISION, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT THEREOF.
Parcel ID Nmnber: 12-31.19-13-4-01-020.00 which currently has the address
349 HIALEAH COUNTY ROAD #405 , [Street]
AFTON [CityI , Wyonfing a 3 1 1 0 [Zip Code]
("Property Address"):
TOGETHER WlTIt all fl~e improvements .now or hereafter erected on fl~e property, and all
easements, appurtemmces, and fixtures now or hereafter a part of file property. All replacements and
additions shall also be covered by this Security Instrument. All of fl~e foregoing is referred tr'} in this
Security Instrmnent as file "ihoperty." Borrower uuderstands aud agrees that N1ERS holds o~fly legal title
to the interests granted by Borrower in fids Security Instrument, but, if necessary to con}ply with law or
custom, MERS (as nonfinee ~br Lender and Lender's successors and assiglm) has the right: to exercise auy
or all of flmse interests, including, 'but not limited to, file right to foreclose and sell the Property; and to
take any'action required of' I. ender includi!-~g, but not linfited to, releasing and canceling fllis Security
Instrument.
BOILROWER COVENANTS that Borrower is lawfitlly seised of the estate hereby conveyed and has
the right to mortgage, grant and convey fl~e Property and flint the Property is unencumbered, except for
encumbrances of record. Bo::rower warrants and will defend geuerally the title to tim Property against all
claims and dmnauds, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT conibines mfiform covenants for m~tional use and nou-mfiform
covenants with li}nited variations by urisdiction to constitute a unitbrn~ security instrulneut covering real
property.
MFWY7770 (11/00) / 042-115835~Z Initial~:
1I~}~-6A{WY) Iooo~l.o~ Page 3 ot ~ Form 3051 1101
UNIFORIV1 COVENAN?5;. Borrower and Lender covenant and agree as follows:
1. Payment of Princilmll, Interest, Escrow Items, Preimyment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest ou, the debt evidenced by the Note aud any
prepayment charges and late charges due under the Note. Borrower shall also pay fimds tbr Escrow Items
pursuant to Section 3. Payments due under the Note and this Security lnstmlnent shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under thc Note or fills
Security InStrument is returned to Lender unpaid, Lender nmy require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of file tbllowing forlns, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon all i,~sdtution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deelncd received by Lender when received at thc location designated in the Note or at
such other location as nnty be designated by Lender m accorda,~ce widl file notice provisions in Scctiou 15.
Lender may return any payment or partial payment if the p;,ymcnt or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring tile Loau
current, without waiver of any rights hereunder or prejudice lU its rights to refuse such paymeot or partial
payments in fl~e future, but Lender is not obligated to apply st,ch payments at the tilne such payments are
accepted. If each Periodic Payment is applied as of its scheduled title date, then Leuder need not pay
interest on unapplied funds. Lender may hold such unapplicd funds until Borrower makes payment to bring
file Loan current. If Borrower does not do so within a reasonable period of time, Lender shall eifl~er apply
such funds or return diem to Bon'ower. If not applied earlier, such funds will be applied to fl~e outstanding
principal balance under the Note immediately prior to tbreclosure. No offset or claim which Borrower
might bare now m' in thc futur~ against Lender shall relieve Burrower front making paylncnts due under
the Note and this Security lnstmnlent or pertbrnfing the covclnnts and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described ill this Section 2, all
paymeuts accepted and applied by Lender shall be al)plied in the billowing order of priority: (a) interest
due under the Note; (b) princi[d due under the Note; (c) amourus due under Sectiou 3. Such payments
shall be applied to each Periodic Payment in the order iu which it becalne due. Any renmining alnounts
shall be applied first to late cha~'ges, second to any oilier aluouuts due under this Security Instrulneut, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a deliuqueut Periodic Payment wlfich iucludes a
suffi.cient amount to pay any rote charge due, the payment nlay be applied to die delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Louder may apply any payment received
fronl Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
nlore Periodic Paynlents, such excess nmy be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described iu the Note.
Any application of payn~.ents, insurance proceeds, or lvlisccllaneous Proceeds to principal due under
the Note shall not extend or postpone file due date, or change the amount, of thc Periodic Paylnents.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic PaylUClUS are due
raider fl~e Note, until the Nott: is paid in full, a sum (the "Funds") lO provide for payment of amounts due
tbr: (a) taxes and assessments aild other items which can attaiu priority over this Security Instrument as a
lien or encumbrance on the Pkoperty; (b) leasehold paymems o~ ground reuts oil the Property, if any; (c)
prenfiums tbr ally and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
prenfiunts, if any, or any sums payable by Borrower to Lender in lieu of file payment of Mortgage
Insurance prenfiums m accoria,nce with the provisions of Section 10. These items are called ".Escrow
Items." At origination or,at any time during the term of file Loau, Lender may require fl~at Colnmunity
Association Dues, Fees, and Assessments, i.f any, be escrowed by Borrower, and such dues, tees and
assessments shall be an Escrow Item. Borrower shall prolnptly l'ur,lish to Lender all notices of amounts to
be paid under this Sectiom Borrower shall pay Lender the Funds for Escrow items mtlcss Lender waives
Borrower's obligation to pay the Funds tbr any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at auy tilne. Ally such waiver may only be
in writing. In the event of snca waiver, Borrower shall pay directly, when and where payable, the alnounts
MFWY7770 (11/00) / 042-115835-3
(~-0AlWY) (ooo51.o~
Form 3051 1/01
; (? "'"0
due for any Escrow Items for '~,vhich payment Of Funds has been waived by Lender and, if Lender requires,
shall fllnfish to Lender rece~pis evidencing such payment within, such time period as Lender nmy require.
Borrower's obligation to m~,ke, such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement' contained in this Security Instrument, as the phrase "covetumt aud agreement"
is used in Section 9. If Borrower is obligated to pay Escrow hems directly, pursuant to a waiver, and
Borrower lhils to pay the artount due for an Escrow Item, Leoder may exercise its rights under Section 9
and pay such amouut and Borrower shall fl~en be obligated under Sectiou 9 to repay to Lender auy such
amount. Lender may revoke rite waiver as to any or all Escrow ltems at any time by a notice giveu in
accordance with Section 15 and, 'upon such revocatiou, Borrower shall pay to Lender all Funds, and itt
such amounts, that are then required uuder this Section 3.
Lender may, at any time, collect and hold Funds in au amom~t (a) sufficient to permit Lender to apply
fl~e Funds at the time specified under RESPA, and (b) not to exceed file maxinmm antount a lender eau
require under RESPA. Lende.~ shall estimate the amount of Funds due on the basis of cra'rent data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Fuuds shall be held in an iustitution whose deposits are insured by a federal agency,
instrumentality, or entity (it.chiding Lender, if Lender is an insdtotion whose deposits are so insured) or in
any Federal Home Loan Bav.k. Lender shall apply fl~e Funds to pay the Escrow Items no later titan the time
specified under RESPA. Lender shall not charge Borrower tbr holding and applying the Funds, annually
analyzing the escrow accouut,.or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law pe[nfits Lender to make such a charge. Unless an agreement is umde in writing
or Applicable Law requires .interest to be paid on file Funds, Lender shall not be required to pay Borrower
any interest or earnings on thi: Fuuds. Borrower and Lender can agree in writing, however, that interest
Shall be paid on fl~e Funds. Lender shall give to Borrower, without charge, alt annual accotmtiug of the
Funds as required by RESPA_.
If there is a surph~s cf Funds held in escrow, as defil~cd ouder RESPA, Lender shall 'account to
Borrower for the excess funds in accordauce with RESI~A. If there is a shortage of Funds held in escrow,
as defined under RESPA, L~nder shall notify Borrower as required by RESPA, and Bon'ower shall pay to
Lender the amount necessary tO make up the shortage in accordance with RESPA, but itl no more than 12
monflfly Payments. If there ~,s a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify BorroWer as req~fired by RESPA, and Borrower shall pay to Lender the amount necessary to nmke
up the deficiency in accordance with RESPA, but in no more than 12 monthly paymeuts.
Upou payment in lull of all sums secured by this Security Instrument, Lender shall prompdy refund
to Borrower any Funds held b'./Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, ,'md impositions
attributable to fl~e Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if auy, and Commmfity Association Dues, Fees, and Assessments, if any. To
the extent that flxese items a~e .Escrow Items, Bon'ower shall pay them ill the manner provided itt Section 3.
Borrower shal[prompdy discharge any lien which has priority over this Security lustrmnent unless
Borrower: (a) agrees itl writini¢, to the payment of the obligation secured by the lien iu a maimer acceptable
to Lender, but o~fly so long as Borrower is perfornfing such agreement; (b) contests the lien in good faiflt
by, or defends against enforcement of the lien in, legal proceediogs which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pendiug, but o~fly until such proceedings
are concluded; or (c) secures from flxe holder of file lien an agreement satisfactory to Lender subordinating
the lien to fids Security Instrument. If Lender determines that any part of the Property is subject to a lien
which call attain priority over this Security Instrun-lent, Lender may give Borrower a notice identifying rite
MFWY7770 (11/00) / 042-115835-3
I~)~6AIWY} Iooo~l o~
Form 3051 1/01
lien. Within 10 days of fire date on which that notice is given, Borrower shall satisfy the lien or take oneor
more of fire actions set lbrth above in this Section 4.
Lender may require BorroWer to pay a one-time charge for a real estate tax verification and/or
repro'ting service used by Lender in cmmection wifl~ tiffs Loan.
5. Property Insurance.'Borrower'shall keep the ixnprovements now e~isting or hereafter erected on
the Property insured against ]bss by fire, hazards included within the term "extended coverage," and any
other hazards including, but hot limited to, earfl~quakes and lloods, for which Lender requires insurance.
This insurance shall be nmintained in the amounts (including deductible levels) and tbr the periods that
Lender requires. What Lender '~requires pursuant to fire preceding sentences can change during the term of
the Loan. The insurance carrile:r providing file insurance shall be chosen by Borrower subject to Lender's
right to disapprove Bon-ower's choice, which right shall not be exercised unreasonably. ILender may
require Borrower to pay, in.honnection with this Loan, either: (a) a one-time charge tbr flood zone
determination, certification and tracking services; or (b) a oue-tilue charge for flood zone detem-doation
and certification services and subse.quma charges each time remappings or similar changes occur wlfich
reasonably nfight affect such. determination or certification. Borrower shall also be respousible for the
payment of any fees imposed by file Federal Emergency lvlanagement Agency in connection Mill the
review of any flood zone deternfination resulting from an objection by Borrower.
If Borrower fails to ma'ntain any of the coverages described above, Lender may obtain iusurance
coverage, at Lender's option and Borrower's expense. Lender is nnder no obligation to purchase any
particular type or amouut of :overage. Therefore, such coverage shall cover Lender, but nfight or might
not protect Borrower, Borrower's equity iu flte~ Prope~-ty, or file contents of rite Property, against any risk,
hazard or liability aud might provide greater or lesser coverage than was previously iu effect. Borrower
acknowledges that fl~e cost.of rite iusnrance coverage so obtained might significantly exceed the cost of
insurance that Bon'ower coul6 bare obtained. Any amounts disbtnsed by Lender under tiffs Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amouuts sba. ll bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payxnent.
All insurance policies, required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have tile right to bold the policies and renewal
Certificates. If Lender requires,: Borrower shall pro~nptly give to Lender all receipts of paid prenfiums and
renewal notices. If Borrower obtains'any form of insurance coverage, not otherwise required by Lender,
for danmge tol or destructiou of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgag~.e and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
nmy make proof of loss if not ~mtde promptly by Borrower. Unless Leuder and Borrower otherwise agree
in writing, arty insurance proceeds, wltether or not the underlying iusurance was required by Lender, shall
be applied to restoration or repair of fl~e Property, if the restoration or 'repair is econonfically feasible and
Lender's security is not lessened. During Such repair and restoration period, Leuder shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to eusure the
work has been completed to ~Lender's satist:action, provided that such inspection shall be undertaken
promptly. Lender may disbur!;e proceeds lbr file repairs and restoration in a single payment or in a series
of progress payments as the ~o~k is conlpleted. Unless an agreement is made in writing or Applicable Law
requires interest to be paid or, Suclt insurance proceeds, Lender shall not be required to pay Borrower any
iuterest or eanfings on suchI proceeds. Fees Ibr public adjusters, or other third parties, retained by
Borrower shall not be paid out: of fire insurance proceeds and shall be file sole obligation of Borrower. If
the restoration or repair is not econonfically feasible or Lender's security Would be lessened, fl:re insurauce
proceeds shall be applied to the sums secured by tiffs Security Instrun~ent, whether or not then due, with
(~- P~ 6 o~ ~ Form 3051 1/01
6A(WY) (ooos)m t '
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for
Section 2.
If Borrower abandons'me Property, Lender nmy file, negotiate and settle any available insurance
claim and related matters. V Borrower does not respond wiflfiu 30 days to a notice fi'om Lender rial fl~e
insurance earner has offerer, to settle a claim, fl~en Lender may negotiate and settle die claim. The 30-day
period will begin when fl~e aotice is given. In either event, or if Lender acqtfires file Property under
Section 22 or ofl~erwise, Borrower hereby assigns to Lend~:r (a) Borrower's rights to any iusurance
proceeds in an amount not to exceed fl~e amounts unpaid nnder fl~e Note or this Security htstmntent, and
(b) any other of Borrower's rights (other than the right to any refund of unearthed premiums paid by
Borrower) under all insurance policies covex-i,~g fl~e Property, i,~sofar as such rights arc applicable to flxe
coverage of rile Property. Lc. rider nmy use fl~e insurance proceeds either to repair or restore file Property or
to pay amounts unpaid under: the Note or fids Security instrument, whefl~er or not fl~en due.
6. Occupancy. Borro',ver shall occupy, establish, and use rte Property as Borrower's principal
residence wiflfin 60 days afb:er the execution of fids Security Inst,-ulrient and shall continue to occupy the
Property as Borrower's principal residence for at least one yea,' ~ffter the date of occupancy, unless Lender
otherwise agrees in writing', which consent shall not be unreasonably wiflflield, or unless exte~mating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maiutenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair ~lxe Property, allow file Property to deteriorate or commit waste on the
Property. Whefl~er or not Borrower is residing in the Property, Borrower shall nmintain fl~e Property in
order to prevent the Proper:y from deteriorating or decreasing in value due to its condition. Unless it is
detern'fined pursuant to Sec*':ion 5 fl~at repair or restoration ~s noi ecottolnically feasible, Borrower shall
promptly repair fl~e Property if damaged to avoid fl~rther dcterioratiou or darnage. If insurance or
condennmtion proceeds are paid in connection wifl~ damage to, or die taking of, file Property, Borrower
shall be responsible for repairing or restoring fl~e Property o,fly if Lender has released proceeds for such
purposes. Le~der may disburse proceeds for the repairs and resturatton iix a single payment or m a series of
progress payments as fl~e work is completed. If fl~e insurance or condenmauon proceeds are not sufficient
to repair or restore file Property, Borrower is not relieved of Bon-ower's obligation for the completion of
such repair or restoration,
Lender or its agent n?a? make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender nuy inspect tbe interior of the improvements on the Property Lender shall give
Borrower notice at .rte time ',f or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan ,Application. Borrower shall be in default if, during flxe Loan application
process, Borrower or arty persons or entities acting at fl~e direction of Borrower or wifl~ Borrower's
knowledge or consent gave materially thlse, nfisleading, or ioaccurate infornuttion or statements to Lender
(or failed to provide Lender wifl~ nmterial infornmtion) in connection with fl~e Loan. Material
representations include, but~ tire not limited to, representatio,~s concenfing Borrower's occupancy of
Property as Bon'ower's principal residence.
9. Protection of Lender's Interest in the Property aud Rights Uuder this Security lnstrumeat. If
(a) Borrower fails to perform'rte covenants and agreements conlaiued in this Security Instrument, (b) fl~ere
is a legal proceeding flint ndght sigtfificantly affect Lender's interest in fl~e Property and/or rights under
this Security lnstrun~ent (such as a proceeding in banh-uptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over Otis Security Instrument or to enforce laws or
regulations), or (c) Borrow~:r. has abandoned file Property, then Lender ntay do and pay for whatever is
reasomible or appropriate to protect Lender's interest in die Property and rights under fids Security
Instrument, including protecting and/or assessing fl~e value of die Property, and securing and/or repairing
flxe Property. Lender's acticns can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over fl~i~, Security Instrument; (b) appeari,~g in court; and (c) paying reasonable
MFWY7770 (11/00)./ 042-115835-3
(~-6AIWY I Iooos).o~
Page 7 o~ 15 Form 3051 1/01
attorneys' fees to protect its !'n~erest in the Property and/or rights under this Security Instrument, i~ncluding
its secm'ed position in a bankruptcy proceeding. Securing the Prope,'ty includes, but is not limited to,
entering the Property to nmke repairs, change locks, replace or bt~ard np doors and windows, drain water
from pipes, elinfinate building or other code violations or daugerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligatiorx tO do so. It is agreed that Lender incurs no liability tbr not taking any or all
ac dons authorized under this: Section 9.
Any amounts disbursed 'i"~y Lender under this Section 9 shall become additional debt of Bor~'ower
secured by this Security Instrmnent. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be playable, with such interest, upon notice from Lender to Borrower requesting
payment. '
If this Security Instrument is on a leasehold, Borrower shall comply with all' the provisions of the
lease. If Borrower acquires fec title to the Property, the leasehold and the fee title'shall not merge uuless
Lender agrees to the merger inl. writing.
10. Mortgage Insurance. If Lmder required Mortgage Insurance as a condition of making the Loanl
Borrower shall pay the premiums required to nmintain die Mortgage Insurance in effect. If, Ibr any reason,
die Mortgage Insurance coverage required by Lender ceases to be available fi~om the mortgage insurer that
previously provided such inlm'rance and Borrower was required to make separately desiguated payments
toward the premiums tbr Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insm'ance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected I::y Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall co~tinue 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 a non-refimdable loss reserve in lieu of Mortgage Insurance: Such loss reserve shall be
nmi-refundable, notwithstanding die fact that the Loan is ultimately paid in dali, and Lender shall uot be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no louger require loss
reserve payments if Mortgage' Insurance coverage (in the amount aud l'or due period that Lender requires)
provided by au insurer sele'cted by Lender again becomes avaihthle, is obtained, and Lender requires
separately designated payme~its toward the premiums tbr Mortgage Insurance. It' Lender required Mortgage
Insurance as a condition of ~making the Loan and Borrower was required tO make separately designated
payments toward the prenfiums tbr Mortgage Insurance, Borrower shall pay the premiuuts required to
maintain Mortgage Insurance' in effect, or to provide a uon-refundable loss reserve, until Lender's
requirement for Mortgage Inmrance ends in accordance with any written agreement between Borrower and
Lender providing fo]: such teirmi~mtion or until termi~mtion is required by Applicable Law. Nothing in this
Section 10 affects Borrower':; obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimbuyses Lender (or auy entity that purchases the Note) 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 iu force frown time to time, and may
enter into agreements with other parties that share or ~nodify their risk, or reduce losses. These agreements
are on terms and conditions ~li'.tt are satisfactory to the mortgage insuier and rite other party (or parties) to
these agremnents. These agreements may require the mortgage insurer to make payments using a,ty source
of funds that the mortgage insarer may have available (which may include funds obtained froln/vlortgage
insurance preiniurns). .
As a result of these agrei:ments, Lender, any purchaser of die Note, another insurer,"any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amonnts that
derive from (or might be ch'aracterized as) a portion of Borrower's payments for Mortgage Insurance, iu
exchange /'or sharing or mqdi.fying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
prenfimns paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any' such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any 9ther terins of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
MFWY7770 (11/00) / 042-115835-3 mitial~: ~
(~-6A(WY) ooos~.o~, ! P,~ ~ ot ~ Form 3051 1/01
(h) Auy such agreements will not affect the rights Borrower has - if any - wilh respect to the
.Mortgage lnsnrance under the Homeowners Protection Act of 1998 or any other law. These rights
~nay inchlde the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have tile Mortgage Insurance terminated automatically, ami/or to receive a
refund of any Mortgage Inmrance premimns that were unearoed at the time of such cancellation or
termination.
11. Assignment of MisCellaneous Proceeds; Forfeiture. All lvliscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property :is damaged, such lvliscellaneous Proceeds shall be applied to restoration or repair of
the ProPerty, if tlie restoration or repair is econonfically feasible and Lender's security is not lessened.
During such repair and resto[ation period, Lender shall have the right to hold such Ivliscellaneous Proceeds
until Lender has had an oppo~tmfity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be nodcrtaken promptly. Lender umy pay fur the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made iu writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to p:ly Borrower auy interest or earnings on such
Miscellaneous Proceeds. If fl~e'restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not fl~en due, with .the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In. fire event of a total. ,:aking, destruction, or loss in value of the Property, the Miscellaneuus
Proceeds shall be applied to the stuns secured by dfis Security Instrument, whether or not then doe, with
the excess, if any, paid to Bcrrower.
In the event of a portia! taking, destruction, or loss in wdue of the Prope[ty in which the fair market
value of the Property inunediately before the partial taking, destruction, or'loss in value is equal to or
greater than fl~e amount of the sums secured by this Secm'ity lustmment immediately before the pardal
taking, destruction, or loss 'in value, mdess Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following' fi:action: (a) the total amonnt of the sums secured inm~ediately before the
partial taking, destmction,!or loss in value divided by (b) tile fair ~mtrket wllue of the Property
immediately 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. immediately before the partial taking, destruction, or loss in value is less than file
amonnt of the stuns secured innnediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, fl~e Ivliscellaneous Proceeds shall be applied to the sums
secured by this Secm'ity Instrmnent whether or not the stuns are thel~ due.
If file Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after fl~e date the notice is given, Lender is authorized
to collect and apply the Mi:;ccllaneons Proceeds either to restoration or repair of the Property or to the
sums secured'by this Security Instrmnent, whether or not. then due. "Opposing Party" means the third party
that owes Borrower Miscellimcous Proceeds or file party against whom Borrower has a right of action iu
regard to Miscellaneous Procee. ds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, iu
Lender's judgment, could result itl lbrfeitm'e of the Property o,: other material impairment of Lender's
interest in the Property ox riglits under tiffs Security Instrumeut. Borrower can cure such a defimlt aud, if
acceleration has occurred, rcifistate as provided in Section 19, by causing file action or proceeding ti) be
disnfissed with a ruling thati i~ Lender's judgment, precludes forfeiture of the Property or off, er ~mlterial
impairment of Lerder's interest in tl~e Property or rights under this Security Instrument. The proceeds of
any award or claim for dann~g6s th.at are atU:ibutable to the impairment of Lender's interest in the Property '~'
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to resto,'atioo or repair of the Property shall be
applied in the order provided, fro' iu Section 2.
MFWY7770 (11/00) / 042-115835-3
(2~]~AIWY I ooos~.o~
Form 3051 1/01
039
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of tile time for
payment or modification of a:a~ortization of the stuns secured by this Security Instntment granted by Lender
to Borrower or any Successo'.r 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 c.'onunence proceedings against
any Successor in Interest o~i Borrower or to refuse to extend time tbr paylnent or otherwise modify
amortization of the sums sec,:red by this Security Instrument by reason of auy. denumd nut& by fl~e original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without lilnfitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less fl~an the amount then due, shall notbe a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bonnd. Borrower cove~tants
and agrees that Borrower's obligations and liability shall be joint and several, l~towever, any Borrower who
co-signs this Security Instmt~ent but does not execute file Note (a "co-signer"): (a) is co-signing
Security Instrument only to murtgage, grant and convey the co-signer's interest in file Property under the
terms of fids Security Instmn~ent; (b) is not persomdly obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any off, er Borrower can agree to extend, modify, tbrbear or
make any accommodations with regard to file terms of Offs Security hlstrument or the Note without the
co-signer's consent.
Subject to file provisions of Section 18, any Successor in Interest of Borrower who assmnes
Borrower's obligations undey fids Security Instrument in writiug, and is approved by Lender, shall obtain
all Of Borrower's rights and benefits under this Security hlstrtune~t. Borrower shall not be released from
Borrower's obligatious and liability trader fids Security Instrument unless Lender agrees to such release in
writing. The covelmnts and agreements of this Security Instrument shall bind (except as provided ill
Section 20) and benefit the successors and assigns of Lender.
14. Loan' Charges. Lender may charge Borrower fees fi)r services performed in comlection with
Bon-ower's default, for the purpose of protecting Lender's interest inthe Property. and rights under this
Security Instrument; including, but not linfited to, attorneys' lees, property inspection and valuation fees.
In regard to any other fees, th: absence of express authority in this Security Instrument to cltarge a specific
fee to Borrower shall not be c3nstrued as a prohibition on fl~e cllarging of such fee. Lender umy not charge
tees that are expressly prohib'ited by this Security Iustrument or bY Applicable 'Law.
If the Loan is subject to.:~ law which sets maxinmm loa~l charges, and fl~at law is fi~mlly interpreted so
that the interest or off, er loan charges collected or to be collected in com~ection with file Loan exceed fl~e
pemfitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the pernfitted linfit;, and (b) any sums already collected-from Borrower which exceeded permitted
limits will be refimded to Borrower. Lender may choose to make this refund .by reduciug the principal
owed under the Note or by. oinking a direct paylnent to Borrower. If a refuud reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whefl~er or not a
prepayment charge is provided for under file Note). Borrower's acceptance of any such retired made by
direct payment to BorroWer will constitute a waiver of any right of action Borrower ndght have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with riffs Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrowe, r~ when n'miled by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
mfless Applicable Law expv}ssly requires otherwise. The uotice address shall be file Property Addres~
mdess Borrower has designaied a substitute notice address by notice to Lender. Borrower shall prompdy
notify Lender of Borrower's~change of address. If Leuder specifies a procedt, re for reporting Bon-ower's
change of address, then Bon, ower shall mdy report a change of address fln;ough that specified procedure.
There nmy be only one designated notice address nnder this Security lustroment at any one time. Any
notice to Lender shall be giv:n by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has desig~mted another address by uotice to Borrower. Any notice in
connection with this Securit5 ~Instmment shall not be deemed to have been given to Leuder until actually
received by Lender. If any fiotice required by this Security Instn~xnent is also required under Applicable
Law, file Applicable Law requirement will satisfy the corresponding requiremeut under this Security
Instrument. ~ ~
MFWY7770 (11/00) / 042-115835:-3 ,nitia~:
(~-6AJWY) ooo~).o~ P~a~ ~o o~ ~ Form 3051 1/01
16. Governing Law;i Severability; Rules of Construction. This Security Insmunent shall be
governed by federal law and; tile law of the jurisdiction in which tile Property is located. All rights and
obligations contained in fl~is Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable.. Law nfight explicitly or implicitly allow rile parties to agree by contract or it
might be silent, but such sileuce shall not be construed as a prohibition against agreement by contract. Ill
the event that any provisio~ or clause of this Security Insmm~ent or the Note conflicts with Applicable
Law, such conflict shall no~ :affect other provisions of this Security h~strument or the Note which can be
given effect without rite conl.l~.ctiug provision.
As used in this Secmity Instrument: (a) words of the nu~scnliue gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include die plural and vice w:rsa; and (c) the word "ntay" gives sole discretion wiflmut any obligation to
take any action.
17. Borrower's Copy. Borrower sllall be given one cop3' of the Note and of this Security Instrument.
18. Transfer of the Pr:operty or a Beneficial Interest in Borrower. As used in this Sectiou 18,
"Interest in file Property" ~neans any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, coutract for deed, installment sales contract or
escrow agreement, file intern of which is file 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 ~mt a ~tatural person and ;i beneficial interest in Borrower is sokl or transferred) without Lender's prior
written consent, Lender may require innnediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises flfi's'option, Lender shall give Bor'rower notice of acceleration. The notice shall
'provide a period of not less than 30 days fi'om the date rile notice is given in accordance with Section 15
within which Borrower must' pay all stuns secured 'by flits Security Instrumfnt. If Borrower fails to pay
fllese stuns prior to the ex2,ration of this period, Lender may invoke any remedies permitted by this
Security Instrument without farther notice or demand on Borrower.
19. Borrower's Righ't' to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the rigkt to have enforcement of this Security hlstrument discomilmed at any time
prior to the earliest of: (a) five days bed/re sale of the Property pursuaut to any power of sale contained itl
this Security Instrument; (L)' such oilier period as Applicable Law might specify for the termi~mtion of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security lustmment. Those
conditions are that Bo~xower: (a) pays Lender all slims which then would be due under this Security
Instrmnent and the Note as if no acceleration had occurred; (b) cures any deIhult of arty other covenants or
agreements; (c) pays all expenses incurred in enlbrcing this Security Instrument, includiug, but not limited
to, reaso~mble attorneys' fees, property inspection attd valuation fees, aud other fees incurred tbr fl~e
purpose of protecting Lender's interest in rile Property and rights under this Security [nstlnment; and (d)
takes such action as Lender ~ru~y reasonabl~, require to assure that Lender's interest in the Property and
rights under fids Security Instrumeut, and Borrower's obligation to pity file sums secured by fids Security
Instrunlent, shall continue unchanged. Lender nay require that Borrower pay such reinstatement'sunks and
expenses in one or more of file lbllowing forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check,' treasurer's check or cashier's check, provided aug such check is drawn upon
an institution whose deposits are insured by a federal agency, iustrmnentality or entity; or (d) Electrorfic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall renntin fully effective ;as if ~m acceleration had occurred. However, fids rigllt to reinstate shall not
apply in file case of acceleration 'under Section 18.
20. Sale of Note; Chaage of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with thi:; Security Instrument) can be sold one or more times witlmut prior notice to
Borrower. A sale might re';ult in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligatimks under gte Note, this Security Instrument, and Applicable Law. There also nfight be
one or more changes of the Loan Servicer unrelated to a sale of time Note. If fl~ere is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state file name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
MFWY7770 (11/00) / 042-115835~3
(~-6AIWY) Iooo6).ol
Pag~ 11 o! 15 Form 3051 1101
requires in comlection with a r:otice of transfer of servicing. It' die Note is sold and fltereafter tile LOall is
serviced by a Loan Servicer giber titan the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain witil the Loan Servicer or be transferred to a successor Loan Servicer aud are not
assumed by the Note purchaserunless otherwise provided by the Note purchaser.
Neither Borrower nor Lender n~y commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from thc other party's actious pursuant to this
Security Instrument or that alleges [liar the other party has breached auy provision of, or auy duty owed by
reason of, fids Security Instrument, until such Borrower or Lender has notified the other party (wifl~ such
notice given in compliance with flxe requirements of Section 15) of such alleged breach and affm-ded file
oilier party hereto a reasonaiqe period after file giving of such uotice to take corrective action. If
Applicable Law provides a time period which nmst elapse before certain action can be taken, that time
period will be deemed to be 'reasonable tbr purposes of fids paragraph. The notice of acceleration and
opportmfity to cure given to Borrower pursuant to Section 22 aud fl~c notice of acceleration given to
Borrower pursnaut to Sectiou ~8 shall be deemed to satisfy file notice and opportunity m take cm'rective
action provisions of flits Section 20.
21: Hazardous Substam:es. As used in this Section 21: (a) "Hazardous Substances" are fllose
substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and tie
following substances: gasoline;, kerosene, otter flanum~ble or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, ~naterials containing asbestos or formaldchyde~ and radioactive materials;
(b) "Environmental Law" mea is federal laws and laws of file jurisdiction where file Property is located filet
relate to healflt, safety or enviromnental protection; (c) "Enviromncntal Cleanup" includes any response
action, remedial action, or removal action, as defined in Euvironnmaal Law; and (d) au "Enviromnental
Condition" means a condition fl~at can cause, contribute to, or otherwise trigger au Enviromnental
Cleanup.
Borrower shall not cause :)r permit file presence, use, disposal storage, or release of any ltazardous
Substances, or fllreaten to release any Hazardous Substances, gu m' in file Property. Borrower shall not do,
nor allow anyone else to do, anyflfing affecting fl~e Property (a) that is in violation of ally Environmental
Law, (b) which creates an Env'iromnental Condition, or (c) which, due to file presence, use, or release of a
Hazardous Substance, creates :~ condition fllat adversely affects file value of file Property. The preceding
two sentences shall not apply to fl~e presence, use, or storage tm fl~e Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
mamtemmce of file Property (i'~cluding, but not linfited to, hazardous substances iii consmuer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or oilier action by any governmental or regulatory agency or private party involviug the Property and any
Hazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any
Enviromnental Condition, including but got liinited to, any spilling, lcakiug, discharge, release or threat of
release of any Hazardous Sulzstauce, and (c) any condition caused by file presence, use or release of a
Hazardous Substance which adversely affects file value of file Property If Borrower learns, or is notified
by any govermnental or regulatory, authority, or any private party, filet any removal or other remediation
of any Hazardous Substance at-i::cting the Property is uecessary, Borrower shall promptly take all necessary
remedial actions itl accordance wifll Enviromnental Law. Nothiug herein shall create any obligation gu
Lender for an Enviromnental Cieanup.
MFWY7770 (11/00) 042q 15835-3
iI~-6A(WY) (ooosLol
Page 12 ot 15 Form 3051 1/01
NON-UNIFORM COVENANTS. Borrower and Lender fin-ther covmmnt and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrowe,' prior to acceleratiou following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleralion under Section .18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that failnre to cnre the
default on or before the date specified ill the notice [nay result in acceleration of the sums secured by
this Security Instrument and sale of the Property. The notice shall further inform Borrower of lhe
right to reinstate after acceleration and tile right to bring a court action to assert the non-existence of
a default or any other defense of Borrower to acceleration :md sale. If the defanlt is not cured on or
before tile date specified in t'lte notice, Lender at its option may require immediate payment in full of
all sums secured by this S:curity Instrnment withont 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 pnrsuing the remedies provided iu this Section 22, inclnding; bul not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes tile. power of sale, Lender shall give notice of intent to foreclose to Borrower
and to the person in possession of the Property, if different, in accordance with Applicable Law.
Lender shall give aotice of ~he sale to Borrower in the manoer provided in Section 15. Lender shall
publish the notice of sale, and the Property shall be sohl in the manner prescribed by Applicable
Law. Lender or its designee may pnrchase the Property at auy sale. The proceeds of the sale shall be
applied in the following.erder: (a) to all expenses of lhe sale, including, but not limited to,
reasonable attorneys' fees; (b) to all snms secured by this Security lnstrumeut; and (c) any excess to
the person or persons legal'ly entitled to it.
23. Release. Upon payment of all stuns secured by fl~is Security Instrument, Lender shall release this
Security Instrument. Borrow:r shall pay any recordation costs. Lender nmy charge Borrower a lee for
releasing fllis Security Instrument, but m~y ii' the fee is paid to ;~ flfird party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower releases and waives all rights uuder and by virtue of the homestead
exemption htws of Wyoming.
MFWY7770 (11100) / 042-115835-,3
(~-6AIWY} ~ooo~Lo~
Form 3051 1/01
'043
BY SIGNING BELOW; Borrower accepts and agrees to the terms and coveimnts contained in this
Security lnsmmtent and in an,, Rider executed by Borrower and recorded wiflt it.
Witnesses:
DEBR_A JENSEN~
(Seal)
-]Borrower
(Seal)
-Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
MFWY7770 (Il/00) / 042-115835-3
~6AlWY) Iooos).o~
Page 14 of 16
Form 3051 1/01
STATE OF WYOMING,
The foregoing instmmen£ was acknowledged betbre mc this
by
DEBRA JENSEN, AN UNNJtRRIED WOMAN
// 2004
Notary Publi~:
MFWY7770 (11/00) ! 042-115835-3
(~6AlWY) ~ooo51.o~
page 15 o! 15
Form 3051 1/01