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HomeMy WebLinkAbout901409Return To: FRENONT INVESTNENT & LOAN P.O. BOX 34078 FULLERTON, CA 92834-34078 RECEIVED LINCOL. N COUNTY CLERK Prepared' By: BARBARA LICON BOOK 9 0 ! k, 0 9 GL, ~lt_~, 2 ~ P~,~ t,, O I 7OOO1O5722 [Space Above This Line For Recordiag Data] MORTGAGE MIN 1001944-7000105722-2 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated du 1 ¥ together with all Riders to this document. (B) "Borrower" is RANDY BOETTLER AND SANDEE BOETTLER 9, 2004 husband and wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS ~s a separate corporauon that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument./vIERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING-Single Fami y-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS (~)®-6A(WY) (ooo5) Paga, ol 1§ VMP MORTGAGE FORMS - (8001521.7291 Form 3051 1/01 (D) "Lender" is FREMONT INVESTMENT & LOAN Lender is a CORPORATION organized and existing under the laws of CALl FORNIA' Lender's address is 175 N. RIVERVIEW DRIVE, ANAREII~ CA 92808 (E) "Note" means the promissory note signed by Borrower and dated Ju I y 9, 2004 The Note states that Borrower owes Lender One Hundred Fourteen Thousand, Seven Hundred Fifty and No/lO0 Dollars (U.S. $ 114,75 0.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [~ Adjustable Rate Rider [~] Condominium Rider ~] Second Home Rider [~ Balloon Rider [-~ Planned Unit Development Rider ~--~ 1-4 Family Rider [~ VA Rider [---] Biweekly Payment Rider [~ Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a coudominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credi~ an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (0 dmnage to, or desn-uction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnauon; or (iv) rnisrepresentauous of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate 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 ~night be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (~I~-6A(WY) (ooo5) Page2ol 15 Form 3051 1/01 ,. 187 O: O:LqOS (Q) "Successor in Interest of Borrower" means any party that has utken fide to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under [his Security Instrmnent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in [he County of LINCOLN - [Type of Recording Jurisdiction] IName of Recording Jurisdiction) SEE LEGAL DESCRIPTION ATTACHED HERETO AND HADE A PART HEREOF Parcel ID Number: 12- 3219 - 13- 4 - 00 - 390. 0 10 KENNING TON BURTON CTY RD 136 AFTON ("Property Ad&ess"): which currently has the address of lStreet! lCityl , Wyoming 83110 [Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of file estate hereby conveyed and has the right to mortgage, grant and convey [he Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-nniform covenants with limited variations by jurisdiction to constitute a unifom~ security insu-ument covering real property. (~}~-6A(WY) {o0os) Page 3 of 15 Form 3051 1/01 !88 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, tl~e debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or ~nore of the following for,ns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated iu the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or pardai payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on nnapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring die Loan current. If Borrower does not do so within a reasonable period of time, Lender sh',dl either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall, relieve Borrower from making paymeuts due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Sechon 3. Such pay~nents shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security lnstrume,~t, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinqt,ent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is al)plied to the full paymeut of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the N°te shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts tine for: (a) taxes and assessments and other items which can attain priority over this Security lnstru,nent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; mid (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may.require that Com,nunity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in wridng. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of (~-6A(WY) {ooos) Page 4 of 15 Form 3051 1/01 I83 Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make snch payments and to provide receipts shall for all purposes be deemed to be.a covenant and agreement contained in Lhis Sec amy Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such mnount and Borrower shall then be obligated under Section 9 m repay tO Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a nonce given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified nnder RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permtts Lender to make such a charge. Unless an agreement is made in writing or Applicable Law reqmres interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an anmtal accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held m escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make np the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requi~ed by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Iustrtunent, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessmen[s, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument~ leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay thegn in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in kender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only nntil such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property ~s subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a nonce identifying the lien. Within 10 (~}~-6A(WY) (ooos) Page 5 o! t 5 Form 3051 1/01 O OiA:09 days of file dal~ on which ~a[ no~ce is g~ven, Bo~owar shall satisfy [he lien or ~e one or more of actions set forth above in ~is Section 4. Lender may requ~e Bo~ower to pay a one-ume ch~ge for a real estate ~ verification and/or reporting service used by Lender in connecfon wi~ ~is Lo~. 5. Property Insurance. Bogower shall keep ~e improvements now existing or hereafter erected on Property insured ag~nst loss by f~e, h~ds included wi~in tim term "extended coverage," and ~y o~er haz~ds including, but not ~mited to, e~qu~es ~d floods, Ibr which Lender requ~es insurance. This msur~ce sh~l be m~n~ned in ~e ~oun~ (including deductible levels) m~d for fl~e periods ~at Lender requkes. What Lender requkes pursuit ro ~e preceding sentences cm~ ch~ge during ~e term of 0~e Loan. The insur~ce c~ier providing ~e insur~ce sh~l be chosen by Bo~ower subject to Lender's right to disapprove Bo~ower's choice, which right shall not be exercised unreasonably. Lender may requ~e Bonower to pay, in connection wi~ ~is Loan, eider: (a) a one-time ch~ge for flood zone determination, certification ~d ~acking serwces; or (b) a one-hme ch~ge for l~ood zone determination ~d certification services ~d subsequent ch~ges each nme remappings or similm changes occur which reasonably m~ght ~fect such determination or cerhficafion. Bo~ower sh~ ~so be responsible for fl~e payment of any lees imposed by ~e Feder~ Emergency Mm~agement Agency in connection wi~ ~e review of any flood zone determination resulting from ~ objection by Bo~ower. If Bo~ower f~ls to m~nmin m~y of ~e coverages described above, Lender may obtain insur~ce coverage, at Lender's option ~d Bo~ower's expense. Lender is under no obligation to purch~e ~y p~ficul~ type or mount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Bo~ower, Bo~ower's equity in ~e Property, or ~e contents of fl~e ~operty, against any risk, ht~d or liability ~d might provide greater or lesser coverage than was previously in effect, Boaower acknowledges ~at ~e cOst of ~e insur~ce coverage so obtained might signific~fly exceed ~e cost of insur~ce ~at Bo~ower could have ob~ined. Any moun~ disbursed by Lender under tiffs Section 5 shall become addifion~ debt of Bo~ower secured by ~is Security Insm,nent. These mounts shall be~ interest at ~e Note rate from tim date of disbursement ~d shall be payable, wi~ such interest, upon notice from Lender to Bo~ower requesting payment. All insur~ce policies requked by Lender m~d renewals of such policies sh~l be Subject to LendeFs right to disapprove such policies, sh~l include a smd~d mortgage clause, ~d shall name Lender as mortgagee ~d/or ~ ~ addifion~ loss payee. Lender sh~l have 0m right to hold ~e policies ~d renewal Certificates. If Lender requkes, Bo~ower sh~l promptly give to kender ~1 receipm of paid pre~niums ~d renew~ notices. If Bo~ower ob~ns ~y form of insur~ce coverage, not o~erwise requked by Lender, for dmage to, or des~ucfion of, ~e ~operty, such policy sh~l include a smnd~d mortgage clause ~d shall name Lender as mortgagee ~d/or as ~ addifion~ loss pay~. In ~e event of loss, Bo~ower sh~ give prompt notice to O~e insur~ce c~ier ~d Lender. Lender may m~e proof of loss if not made promptly by Bo~ower. Unless Lender and Bo~ower o~erwise agree in writing, ~y insur~ce proc~ds, whe~er or not ~e underlying insurance was requked by Lender, shall be applied m restoration or rep~ of ~e ~operty, if ~e restoration or repak is economic~ly feasible ~d Lender's security is not lessened. During such rep~ ~d restoration period, kender shall have fl~e right to hold such insur~ce proceeds until Lender h~ had ~ opportunity to inspect such Property to ensure fl~e work has been completed to Lender's safisfachon, provided ~at such inspection sh~l be under,eh prompdy. Lender may disburse proceeds for ~e repaks ~d restoration in a single payment or in a series of progress paymen~ as O~e work is complete. Unless ~ agreement is made in writing or Applicable Law requkes interest to be p~d on such insur~ce proc~ds, Lender shall not be requked to pay Bo~ower ~y interest or e~nings on such proceeds. Fees for public adjusters, or o~er ~ird p~fies, retained by Bonower shall not be p~d out of ~e insur~ce proceeds ~d sh~ be fl~e sole obligation of Bo~ower. If ~e restoration or repak is not economic~ly feasible or Lender's security would be lessened, the insurm~ce proceeds shall be applied to (~-6A(WY) Page 6 of 15 Form 3051 1/01 the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available msurance claim and related matters. If Borrower does not respond within 30 days to a nouce from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice ts given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's tigris to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay mnounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall conunue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, nnless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property Whether or not Borrower is residing in the Property, Borrower shall ~naintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the m_king of, the Property, Borrower shall be responsible tbr repatring or restoring the Property only if Lender has released proceeds for sucl~ purposes. Lender may disburse proceeds for the repatrs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower ~s not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may respect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspecuon specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loml application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) ~n connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Right} Under this Security Instrmnenl. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), o~ (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable (~-6A(Wy) (Ooos) ~ Page 7 ol ~5 Form 3051 1/01 attorneys' fees to protect its interest in the Property and/or rights under this Security Ins~ument, including its secured position in a bankruptcy proceeding. Securing the Property inclndes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take acnon under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If [his Security Instrument is on a leasehold, Borrower shall comply with 'all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee rifle shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for m~y reasonl the Mortgage Insurance coverage required by Lender ceases [o be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay file premm~ns required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refuudable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer reqmre loss reserve payments if Mortgage Insurance coverage (in [he amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premmms for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan anti Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required [o maintain Mortgage Insurance m effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wfiuen agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. No,thing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses ~t may incur if Borrower does not repay the Loan as agreed. Borrower ~s not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on 'all such insurance in force from nme to nme, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and file other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds [hat the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may recmve (direcfly or indirecfly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender lakes a share of the insurer's risk in exchange for a share of the premiums paid [o the insurer, the arrangement is often termed "captive rmnsurance." Fur[her: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amoont Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ~-6A(WY) (0005) Page 8 of 15 Form 3051 1/01 (b) Any such agreements will-not affect the rights Borrmver has - if any - with respect to tile Mortgage Insurance under the Homeowners Protection Act .f 1998 or any other law. These rights may include the right to receive certain diselosures, to reqnest and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or 1o receive a refund of auy Mortgage Insurance premiums that were unearned at the time of such eancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds nnfil Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement ~s made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repatr is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided 1bt in Section 2. In the event of a total taking, destruction, or loss in value o1' the Property, the Miscellaneous Proceeds shall be applied to [he sums secured by this Security Instrument, whether or not then due~ with the excess, if any, paid to Borrower. In the event of a p~tial taking, destruction, or loss in value of the Property in which [he fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, 'unless 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 fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property im~nediately before the partial raking, 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 faLr market value of the Property immediately before the partial taking, destruction, or loss in value is less than the mnount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the sums are then due. If the 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 the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means file third party that owes Borrower Miscellaneous Proceeds or 'the party against whom Borrower has a right 0f action in regard to Miscelltmeons Proceeds. Borrower shall be in default if any action or proceeding, whe[her civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default mid, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed With a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for dmnages that are attributable 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 restoration or repair of the Property shall be applied in the order provided for in Section 2. (~}~-6A(WY) (0005) Page 9 of 15 Form 3051 1/01 !94 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortizanon of the sums secured by [his Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amomzation of [he sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments [rom [hird persons, entities or Successors in Interest of Borrower or in amounts less than the mnount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations aud liability shall be joint aud several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage~ grant and convey the co-signer's interest in the Property under [he terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's fights and benefits under [his Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrumen. unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Secuon 20) and benefit the successors and assigns of Lender 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interes[ in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on [he charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected m connection with the Loan exceed tile permitted limits, then: (a) any such loan charge shall be reduced by the mnount necessary to reduce the charge to the permitted limit; and (b) any sums akeady collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this rel'und by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any fight of action Borrower might have arising out of such overcharge. 15. Notices, All notices given by Borrower or Lender ~n connection with this Security Instrument must be in writing. Any notice to Borrower in connecnon with this Seem'try Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address mdess Borrower has designated a substitute notice address by nonce to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any nonce to Lender shall be given by dehvering it or by mailing it by first class mail to Lender's address stated herein unless Lender has desiguated another address by notice to Borrower. Any notice itl connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. (~)~-6A(WY) (0005) Page to gl ~5 Form 3051 1/01 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the'parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conllicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the lnasculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest m the Property" means any legal or beneficial interest m the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, instalhnent sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrmnent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleratiml. If Borrower meets certain conditions, Borrower shall have the fight to have enforcement of this Security Instrmnent 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 Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrmnent. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any oilier covenants or agreelnents; (c) pays all expenses recurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property ~md rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unch:mged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an mstitunon Whose deposits axe insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrmnent and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration.under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more clumges of the Loan Servicer unrelated to a sale of the Note. If there is a chm~ge of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a (~-6A(WY) (ooos) Page 11 o!15 Form 3051 1/01 notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that 'alleges that the other party has breached any proviston of~ or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requiretnents of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a nme period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cnre given to Borrower pursuant to Section 22 and the nonce of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of [his Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive ~nateri'As; (b) "Environmental Law" means federal laws and laws of the jurisdiction wh ere the Property is located that relate to health, safety or envrronmental protection: (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmen tel 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 m the Property Borrower shall nol do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, de~nand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and mty Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of m~y Hazardous Substance, and (c) any condition cansed by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. (~I~-6A(WY) (0005) Page 12 of 15 Form 3051 1/01 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days fi'om the (late tbe notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specitied in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. Tbe notice shall I'urther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence or a default or any other defense of Borrower to acceleration and sale. Il' the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment io full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Bm'rower and to the person in possession of the Property, if different, in accordance witb Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender sball publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includiug, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs Lender may charge Borrower a fee tbr releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. (~6A(WY) (ooos} Page 13o! 15 Inilials'3~,/~..(~. Form 3051 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wimesses: BOETTLER (Seal) ~Borrower SANBEE BOETTLER (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~6A(WY) (ooo5) Page ~4 ot 15 Form 3051 1/01 .... 199 The forego,ng ,nstTument was acknowledged before me this''''j''/fi/' / g / y°a ~County s My Commission Expires: Nota/D/~ubliJ ~ ~-6A(WY) (ooos) Page 15o! 15 Form 3051 1/01 LEGAL DESCRIPTION Part of Section 13, T32N Rll9W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at the Southeast corner of said Section 13 and running thence N 1 °25' E, 264 feet; thence West 215 feet; thence S 1 °25' W, 264 feet to the center of the County Road; thence East 215 feet to the POINT OF BEGINNING.