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HomeMy WebLinkAbout903109RemrnTo: WELLS FARGO HOME MORTGAGE 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, Mlq 55435 Prepared By: WELLS FARGO BANK, N.A. 1919 DOUGLAS,, OMAHA, 681010000 REOEIVED LINOOLN COUNTY OLERK NE ,.ir:AN t',i,,! w;', (';~.,I FR [Space Above Tiffs Line For Recto'ding I)ataJ MORTGAGE 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 thc usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 20, 2004 together with all Riders to this document. (B) "Borrower"isTIMOTllY S POLLARD AND TRINA M POLLARD, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES 0046667242 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUIVIENT VMP MORTGAGE FORMS - (800)521-7291 Form 3051 1/01 o oal, o.9 0217 Lender' s address is p.O. BOX 10304, DES MOINES, IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borro~ver and dated SEPTEMBER 20, 2004 The Note statesthat Borrower owes Lender ONE HUNDRED FORTY FOUR THOUSAND 3d',lI) 00/100 Dollars (U.S. $ ***,144,000.00 ) plus interest. Borrower has pr()miscd to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2034 (E) "Property" means the property that is described below under thc heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument. plus interest. (G) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower [check box as applicablcl: ['~ Adjustable Rate Rider ~ Condominium Rider [-~ Second Home Rider ~] Balloon Rider ~ Planned Unit Development Rider ~ 1-4 Fmnily Rider ~ VA Rider ~ Biweekly Payment Rider [-~ Other(s) [specify] (lt) "Applicable Law" means all controlling applicable fedex'al, state and local statutes, regulations, ordinances and administrative rules and orders (that have the el'feet of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" mc:ms all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a ctmdominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated throtigh an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, m- authorize a financial institution to debit or credit an account. Such term includes, but is not limited m, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Sccti()n 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tlfird party (other than insurance proceeds paid under thc coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation m' other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrq)rcsentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount duc for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they nfight 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 reqnirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qu:dify as a "federally related mortgage loan" under RESPA. (~-6(WY) (ooo5) Pag~ 2 of 15 Form 3051 1/01 (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY ' This Security Instrument secures to Lender: (i) the repayment of ibc Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's cove~mnts and agreements under this Security Instrument and the Note. For this purpose, Borrower (It)es hereby tnortgage, grant and convey to Lender and Lender's successors and assigns, with power of salc, thc following described property located in the COUNTY of LINCOLN : [Type of Recording Jurisdiction[ [Name of Recording Jurisdiction[ LOT 16-L-3 OF ROLLING HILLS 1ST ADDITION TO THE CITY OF KEt4MERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 10304, DES MOINES, IA 503060304 ParcellD Number: 12211622402031.00 2000 DEL RIO DRIVE KEMMERER ("Property Address"): which currently has the address of [Street] [cityl , Wyonfing 83101 [Zip Code] TOGETHER WITH all the improvements now or hcrc:ffter 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 Ibregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully scisccl of thc estate hereby conveyed and has the right to mortgage, grant and convey the Property and that thc 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 tbr national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifi)nu security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant .'md 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 m,, ibc debt evidenced by the Note and any prepayment charges and late charges due under the Note. Bor,'mver shall also pay funds for Escrow Ite~ns pursuant to Section 3. Payments due under the Note and fids Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by bender as payment under the Note or this (~)~-6(WY} (ooo~1 Pag~ 3 of 16 Form 3051 1/01 Security Instrument is returned to Lender unpaid, Lender ma3, rcquirc fl~at any or all subsequent payments due under the Note and this Security Instrument be made in m~e or lnore 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 i~stitution 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 thc location designated in the Note or at such other location as may be designated by Lender in accorda.cc with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or p;mial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice t~ its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such paynlents at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payxnent to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note inanediately prior to forech~surt:. No offset or claim which Borrower aright have now or in the future against Lender shall relieve Borrower fronl making payments due under the Note and this Security Instrument or performing the covenzmts and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as mhcrwise described in this Section 2, all payments accepted and applied by Lender shall be applied in thc fi~llowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) ammmts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due uuder this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinqucm Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may he 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, a~d m 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 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 Miscclhmeous Proceeds to principal due under the Note shall not extend or postpone the due date, or change thc mmmnt, 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'3 to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain prim'ity over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments m' grouud rents on the Property, if any; (c) prenfiums for any and all insurance required by Lender under Sectiou 5; and (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 S~:ction 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Comnmnity 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 f,,'nish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds fro' 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. Auy such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, wheu and where payable, the amounts (~-6(WY) Iooos! P~ 4 of 1Ii Form 3051 1/01 0:90310,9 due for any Escrow Items for which payment of Funds has bec, 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 such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security 'Instrume~,, 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, Le,dcr may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated trader Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bort'{~wcr 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 amotmt (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not t~ 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 m' ~,herwise in accordance with Applicable Law. The Funds shall be held in an institution whose dept~sits arc insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Hmne Loan Bank. Lender shall apply the Funds tt) pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower fi,' h~Idi.g aud applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, tmlcss Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender ca. agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as deft,cd u,der RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accord:race wifl~ 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 required by RESPA, and Borrower shall pay t. Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more tha~ 1 2 monthly payments. Upon payment in full of all sums secured by this Security I,strument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, 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 Corrmmnity Associatim~ I-)uts, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them iu the manner provided in Section 3. Borrower shall promptly discharge any lien which has prit.~ity over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligatim~ secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agrcClnent; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedi.gs which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings arc pc,ding, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agrccmc,t satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that lilly part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the (~l~-6{WY) (ooo5) P~g, 5 of 16 Form 3051 1/01 lien. Within 10 days of thc date on which that notice is given, ~m'rowcr shall satisfy ~c lien or take one or more of ~ actio~ set for~ above in ~is Section 4. Lender ~y require Bo~owcr to pay a onc-tim~ charge fi,r a real estate ~x verification and/or rcportin~ so.icc used by Lender in co~cction wi~ ~i's Loan. ~. ~operty Insurance. Borrower shall kccp ~c improvements now existing or hereafter erected on ~c Propcay insured agai~t loss by fire, hazards included whhin tl~c term "extended coverage," and any o~cr ha~rds including, but not li~tcd to, ca.quakes and lJm~d~, t~r which Lender requires i~urance. This i~urance shall be mintained in ~e amounts (including deductible levels) and for ~e periods ~at Lender requires. What Lender requires pursuant to ~e preceding sentences can change during ~e tern of · e Loan. The i~urance carrier providing ~e i~urance shall bc chosen by Borrower subject to Lender's right to disapprove Bo~ower's choice, which right shall n{~t be exercised u~easo~mbly. Lender my require Borrower to pay, in co~ection wi~ ~is Loan, either: (a) a one-time charge for flood zone deter~mtion, certification and tracking services; or ~) a one-time charge for flood zone detestation and certification services and subsequent charges each time rcmappings or si~lar changes occur which reasombly ~ght affect such detestation or certification. Bm'rower shall also be respo~ible for ~e payment of any fees imposed by ~e Federal Emergency M;magcment Agency in co~ection wi~ ~e review of any flood mm detestation resulting from an objecti~m by Borrower. If Bo~ower fails to ~mintain any of ~e coverages described above, Lender my obtain insurance coverage, at Lender's option and Bo~ower's expe~e. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but ~ght or ~ght not protect Borrower, Bo~ower's equity in ~e Property, or thc c{mtcnts of the Property, against any risk, hazard or liability and ~ght provide greater or lesser coverage than was previously in effect. Borrower acknowledges ~at ~e cost of ~e i~urance coverage so obtained might sig~ficantly exceed ~e cost of i~urance ~at Borrower could have obtained. Any amoums disbursed by Lender under ~is Section 5 shall become additioml debt of Borrower secured by ~is Security Instrument. These amounts shall bear interest at ~e Note rate from ~e date of disbursement and shall be pay:thio, with such interest, upon notice from Lender to Borrower requesting payment. ~ All insurance policies required by Lender and renewals ~t' such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mmtgage clause, and shall rome Lender as mortgagee and/or as an additioml loss payee. Lender shall have the right to hold ~e policies and renewal ce~ificates. If Lender requires, Bo~ower shall promptly give t{~ Lender all receipts of paid prex~u~ and renewal notices. If Borrower obtai~ any form of i~urance c{~vcragc, not otherwise required by Lender, for danmge to, or destruction of, ~e Property, such policy shall include a standard mortgage clause and shall ~me Lender as moagagee anWor as an additioml loss payee. In ~e event of loss, Bo~ower shall give prompt notice t~ thc insurance cagier and Lender. Lender my rake proof of loss if not rmde promptly by Bo~ower. Unless ~ender and Borrower o~erwise agree in writing, any i~urance proceeds, whe~er or not ~e underlyi~g insurance was required by Lender, shall be applied to restoration or repair of ~e Propeay, if ~e restoratim~ or repair is econo~cally feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have ~e right to hold such i~urance proceeds until Lender has had an opportunity to inspect such Property to e~ure ~e work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender my disburse proceeds for ~e rephirs and rcst~mttion iu a single payment or in a series of progress pay~nts as ~e work is completed. U~ess an agrec t~cnt is n~de in writing or Applicable Law requires interest to be paid on such i~urance proceeds, Lender shall not be required to pay Borrower any interest or ear~ngs on such proceeds. Fees for public adjusters, or ofl~er ~ird parties, retained by Borrower shall not be paid out of ~e i~urance proceeds and shall be the sole obligation of Borrower. If · e restoration or repair is not econo~cally feasible or Lender's security would be lessened, ~e i~urance proceeds shall be applied to ~e su~ secured by ~is Security lnstmmeut, whether or not ~en due, wi~ (~-6(WY) (ooos) Page 6 of ~5 Form 3051 1/01 ' 02& 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, nc?date and settle any available insurance claim and related matters. If Borrower does not respohd within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, m' if Leuder acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under d~c 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 amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and usc the Property as Borrower's principal residence wiflfin 60 days after the execution of this Security l~tstruntcnt and shall continue to occupy the Property as Borrower's principal residence for at least one year after tile date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unrcastmably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Ih'Ol}erty; 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, Bm'rower shall maintain the Property in order to prevent the Property from deteriorating or decreasing i,~ value due to its condition. Unless it is determined pursuant to-Section 5 that repair or restoration is not ccononfically 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, m' the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if l_ender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or co,~demnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrowe,"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 inspect the interior of the improvements ou the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspcctim~ specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at file direction of Borrower 0r with Borrower's knowledge or consent gave materially false, misleading, or inaccurate inlbrmation or statements to Lender (or failed to provide Lender with material information) in connectiou 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 Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements cmltai~cct in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's iutcrcst in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, pre,bate, for condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Ii~strument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then l.ender 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 thc ?mperty, and securing and/or repairing the Property. Lender's actions can include, but are not linfitcd to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable (~-6{WY) (ooos} Pag. 7 of is Form 3051 1/01 0223 attorneys' fees to protect its interest in the Property and/or rights trader this Security Instrument, including its secured position in a bankruptcy proceeding. Securing thc Prt,pcrty includes, but is not limited to, entering the Property to make repairs, change locks, replace m' hoard up doors and windows, drain water from pipes, eliminate building or other code violations' or dangcrtms conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, l.cnder 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 a~nounts shall bea~ i~tcrcst at the Note rate from the date of disbursement and shall be payable, with such interest, upon nmicc from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower sh;dl comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasch{fld and the fee title 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 Mongagc Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to bc 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 the premiums 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 equiv:dcm Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amom~ o r thc separately designated payments that were due when the insurance coverage ceased to be in effect, l.cnder will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortua~,c Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ulti~:~cly paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount .'md /'or 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 premiums for Mortga.~c Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a nm~-rcftmdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the ralc provided in the Note. Mortgage Insurance reimburses Lender (or any entity th;tt purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Bm'rower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insm'zmcc in force from time to time, and may enter into agreements with other parties that share or modify thci r risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance pre~niurns). As a result of these agreements, Lender, any purchaser ~I' thc Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, ~nay receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrowt:r's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, m' 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 premiums paid to the insurer, the arrangement is often termed "c:q,tivc reinsurance." Further: (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 amount Borrower will owe for Mortgage Insurance, and they will nol vndde Borrower to any refund. (~-6(WY) 1ooo5} P~ e of is ~ Form 3061 1/01 0903109 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Acl ol' 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unem',wd at the time of such cancellation 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 sh',tll be applied to restoration or 'repair of the Property, if the restoration or repair is econonfically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have thc right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property t(, ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be tmdcrtakcn 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 is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Bt~rrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not ecoumnically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to thc 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 for in Section 2. In the event of a total taking, destruction, or loss in \':tlu< of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Insmm~ent, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value t~l: the Property in which the fair market value of the Property i~mnediately before the partial taking, dcstructiou, 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 Lc,dc,' otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by thc aulount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount or' the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the Ihir mal'kct value of the Property inm~ediately 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, dcstructiou, or loss in value is less than the amount of the sums secured immediately before the partial t:tking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellancmis Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arc then due. If the Property is abandoned by Borrower, or if, after nmice 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 restoratiou or repair of the Property or to the sums secured by this Security Instrument, whether or not then duc. "Opposiug Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property (~r other nmterial impairment of Lender's interest in the Property or rights under this Security Instrument. Bm¥ower can cure such a default and, 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 fm'fciture 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 imp:ti rment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to resttmttion or repair of the Property shall be applied in the order provided for in Section 2. (~-6{WY) 1ooo5) Page 9 of 15 Form 3051 1/01 02,52,5 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not ~q*erate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not bc required to connnence proceedings against any Successor in Interest of Borrower or to refuse to exte,d time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of auy demand made by the original Borrower or any Successors in Interest of Borrower. Any forbear:race by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments t¥om third persons, entities or Successors in Interest of Borrower or in amounts less than the a~nmmt 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 and liability shall be joint 'and several. However, any Borrower who co-signs this Security Instrument but does not execute the Nt~te (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the c~-signcr's interest in the Property under the 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 Sccu,'ity Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successm- 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 rights and benefits under this Security Instrtm~ent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees fl,' services performed in connection with Borrower's default, for the purpose of protecting Lender's interest 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 Ibis Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender ]nay 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 in colmection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the a~nount necessary to reduce the charge to the permitted limit; and (b) any sums already collected frt)lll Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to n~ake this refund by reducing the principal owed under the Note or by making a direct payment to Bo,'rtm'er. 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 nmde by direct payment to Borrower will constitute a waiver of any right of ;tction Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in com~ection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail m' 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 unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifics 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 notice to Lender shall be given by delivering it or by nmiling it b3, first class mail to Lender's address stated herein unless Lender has designated another address ~)y notice to Borrower. Any notice in cmmection with this Security Instrument shall not be deemed ti, 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 corrcsp(mcling requirement under this Security Instrument. {~}~-6(WY) Iooosl Page ~0 of 1~ Form 3051 1/01 16. Governing Law; Severability; Rules of Constrm'tion. This Security Instrument shall be governed by federal law and the law of the jurisdiction in whirl thc Property is located. All rights and obligations contained in this Security Instrument are subject tI) 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 pr~)hibition against'agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Scctn'ity Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gend~l'; (h) 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 1~ f the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest i,~ Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bm'rower at a future date to a purchaser. If all or any part of the Property or any Interest in the Pmp~:rty is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is s~lcl or transferred) without Lender's prior written consent, Lender may require immediate pay~nent in full of all sunxs secured by this Security Instrument. However, this option shall not be exercised by l.cnder if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower m)ticc of acceleration. The notice shall provide a period of not less than 30 days from the date the nt>tic~ is given in accordance with Section 15 within which Borrower must pay all sums secured by this Sccurity Instrument. 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 Acceleration. It' Borrower .meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property lmrSUant to any power of sale contained in this Security Instrument; (b) such other period as Applicable l.aw might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment cnfm'cing Otis Security Instrument. 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) cut'cs any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuatitm 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 and rights under this Security Instrument, and Borrower's obligatim~ to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require dial 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 institution whose deposits are insured by a federal agency, instrulnentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. I towever, 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 (knmvn .'ts 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 changes of the Loan Servicer unrelated to a sale I~l' thc Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the chang¢ which will state the name and address of the new Loan Servicer, the address to which payments should bc made and any other information RESPA (~l~-6(WY) (000~} Page 11 of 16 Form 3051 1/01 requires in connection with a notice of transfer of servicing. It' thc 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 thc Note purchaser. Neither Borrower nor Lender may commence, join, or bc joined to any judicial action (as either an individual litigant or the member of a class) that arises from the od~er party's actions pursuant to this Security Instrument or that alleges that the other party has brc:tchcd :my provision 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 requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving ol such notice to take corrective action. If Applicable Law provides a time period which must elapse bcli~re certain action can be taken, that time period will be deemed to be reasonable for purposes of this p:m~graph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy thc ~otice and opportunity to take corrective action provisions of this 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 Enviromnental Law and the following substances: gasoline, kerosene, other flammable t,~' t~×ic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos m' formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Envimmnental Cleanup" includes any response action, remedial action, or removal action, as defined in Enviromncntal Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, m~ m' in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an 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 stor',tgc 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, haz:trdous substances in consumer products). Borrower shall promptly give Lender written notice of (:t) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or privat~ p,'~rty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition c;mscd 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 auy removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bm'rower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nmhing herein shall create any obligation on Lender for an Environmental Cleanup. {~)~-6(WY) (ooo5) pag~ ~2 of ~5 Form 3051 1/01 NON-UNIFORM COVENANTS. Borrower and Lender ftH'ther cove;rant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice lo Borrower prior to acceleration following Borrower's breach of any covenant or agreemem 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, ,or less than 30 days from the date the notice is given to Borrower, by which the default must he cured; and (d) that failure to cure the default on or before the date specified in the notice may res,It in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a com't action to assert the non-existence of a default or any other defense of Borrower to acceleration ami sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Last. 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 ,mlice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sohl 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, including, 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, l.ender nmy charge Borrower a fee for 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 trader and by virtue of the homestead exemption laws of Wyoming. (~-6(WY) Iooos) Page ~3 of ~5 Form 3051 1/01 .~ ~,, , · . ;:i~..' :.' '-;i..:;.::; :; ":.i; -..'- · :.;Z;.!.i!/!:;;::: . ' -. ::;: .... ;:.. (':i.:"' ' · ' :' 09031.0b BY SIGNING BELOW, Borrower accepts and agrees to tl~c terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recto'deal with it. Witnesses: · ."~,;3~X Y-~¢'~'''/ (Seal) TIMOTHY: :'S POLLARD -Borrower TRINA M POLLARD -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Boffower (~6(WY) {ooos) Page 14 of 15 Form 3051 1/01 STATE OF WYOMING, The foregoing instrument was acknowledged before me this by TIMOTHY S POLLARD AND TRINA M POLLARD County ss: My Commission Expires: Initials: (~-6G(WY) (ooo5) Page 15 of ~5 Form 3051 1/01