HomeMy WebLinkAbout905311Prepared by and When Re~orded Return To:
ROXIE JENKINS
~I' /qAT'r ~%L~L
314 ~ WASKTNG~'D_N/t:0 .BOX 1620
AI~TON, WX 83110
I~OAN 1~0. 79586299
RECEIVED 12J16/2004 at 12-20 PM
RECEIVING# 905311
BOOK: 575 PAGE: 131
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
lSpaee Above This Line For R ceo rd ing Data]
DEFINITIONS
MORTGA G 1';
Words used in multiple sections of this dormment are defined l-,~.l,,xx and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Cerlain rules regarding the Image of x~ ~,l d~ used in this doem-nent are also provided in
Section 16.
DECEMBER 9, 2DD&
wife
organized and existing
(A) '~e, ailrity IllStrnmen/" meansthis docannenl, which is datcu
Iog~ ~th ~1 ~s lo ~s do~menL
(B) '~orrower" is
Bo~ow~ is ~ m~or ~ ~ Sec~ ~~.
(C) '~der" ~
~2 ~~ ~ - ~ (~ ~CH)
~hwsof ~ ~~ S~ DF ~RICA
314 BO. ~~/ P.O. ~ 1620
(D) "Note"means the promissory note signed byBorrower and dat~.d
The Note mates thatBorrow~r owesLe~der DECF_~fl~ER 9, 2'004
TWO HUNDRED SIXTY-FOUR THOUSAND AND 00/100
Dollars (U.S. $ 264, DB0. DO ) plus intere~. Borr,,~ cr ires promised m pay this debt in regular
Per/odic Payments and lo pay the debt in full not later Ihan
JANUARY 1, 2035 ·
(E) '~Proper~," mea~_s the property that is described belox~ uhdcr the heading "Transfer of Rights in the
Property."
(F) '%Loan"~ the debt evidml~ed by th~ Not~. plus interesl. ,mx prepayment charges and ~ charges ~
under/tm Note, an~all sum, ,h~e ander this Secariry Instrument, p~, :merest.
(G) "Ridors"means all rides zo this Security Instrument thai ar~ cxc~med by Borrower. The followingrid~rs
are to be executed by ~Borrower [aheck box as applicable]:
Condominium Rider
'---']Second Home Rider
Other(s) [specify]
Planned Unit Development Rider
Biweekly Payment Rider
~-~ Adj,,~able Rate Rider
1-~ 1-4 Family Rider
F--~ Balloon ~
WYOMING -S/ngle tramily-]raunie Mae/ltr~ldie Mae LrNIFORM INSTRUM 1._ 'x ~
Page 1 of]2
~Farm 3051 (Ol/Ol)
0132
(H) "Applicable Law"means all controlling applicable federal. ,,~.~c and local statntes, regulations, ordinances
.and adminigtrative rules mad orders (that have Ihe effect of Im~ a~ x~ ell as all applimable final, non-appealable
judicial opinions.
(I) "CommnnityA~oeiation Dues, Fees and Assessments" mc:m~ al dues, fees, assessments and other charges
that are imposed on Borrower or/he Property by a condomin]u~ a,~oclauon, homeowners association or similar
OY~oan iTation.
(J) '~leetrtmie Fmads Transfer" means any trooper of fund~ ~,t~lcr than a tran~ction originated by check,
clra9, or similar paper msmmmm, which is initiated throu-i, a: dec'tronic terminal, telephonic instrament,
computer, or magnetic lape so as m order, instruct, or aulhorl/t' ,, financial institution ~0 debit or credit an
acco/am. Such Imm inclncle~, but is not limited to, poim-of-salc t,a~fcrs, automated teller machine transactions,
transfers initiated by Ielephone, wire transfers, and automated cic~'m~house transfers.
(K) "F,~erow It~m~" mean those items that are de.ea2ribed in Scct~)t 5.
(L) 'WIi~llaneons Proeeed~"means any compensation, setticn,cm. ~uard of damages, or proceeds paid by any
third party (other than insm-ance proceeds paid ander the coverage: described in Section 5) for: (i) damage/Lo, or
destruction o~ the Property; (ii) condemnation or other taking ol a~t or any part of the Property; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations o~ or om~:.,,,ns as to, the value and/or condition of the
Property.
0VI) '~lortgage In~runee" means insurance protecting Lendc, a~mnsl the nonpayment o~ or default on, the
Loan.
(N) ,Periodic Paymont"means the regnlarly sche&aled amoum ~mc for (i) principal and interest reader the Note,
plus (ii) any amounts under Section 3 oftlfis Secm-ity ]nstrumem.
(O) '~ESPA" means the Real Estate Settlement Procedm-es Acl 12 U.S.C. §2601 et seq.) and its implementing
regnlmion, Regulation X (24 C.F.1L Part 3500), as they migh! P,.~ alncnded from time to lime, or any additional
or smgcessor legislation or regulation that governs the same sub cc~ matter. As used in lhis Security Instrument,
"RESPA" refers to all requirements and restrictions that are imp,,~cd m regard to a "federally related mortgage
lmm" even if the Loan cloes not qualify ,as a "federally related mo, IFa~c~ loan" under RESPA.
(P) 'Samee~sorinlnlere~tofBorrower means any party that h::~ t:lkcn title to the Property, whether ornotthat
party has a~.~,,med Borrower's obligations under the Note and/or t l~l: ~ccurity Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Secarity .Instrument sexares zo lender: (i) the xepaymem ,, mc Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower' ~, covenants and agreements under this Security
ln.~trmnent and the Note. For this purpose, Borrower does hc.~'cb~ mortgage, grant and convey xo Lender and
Lender's :sucee~mrs and assigns, with power of sale, thefollov,'in~ described property located in the
~'Ol~q' O~ ...]k-w~o. lq' [Type of Re. cording Jurisdict',,l
of 'r ,-r tlc'Cg.~ COI:IN'I~
[Name o f Re..co~ding ..lm'isdiclion]
g~F~ ATTACHFD SCFFFBULE C
~OMING - $ing~ Yamily -Fannie MaelFroddio Mac UNIFORMINfiTRI ~1t \'1
Page2 of 12
Farm 3051 (01/01)
0!33
which cm-rently has -the address of
Wyoming 83110
3087 ST HWY241, AFTON
CProperL~ Address"):
TOGETHER WITH all the improvmnents :now Or hereof let erected on the property, and all easements,
appmaenances, and fixlures:now or hereafter a part of the propcrb'. All replacemenls and additions ahall also be
covered by this Security Instrument. All of the £oregomg ~ referred to in this Security instrument as the
"Property."
~BORRDW~R COVENANTS that Borrower is lawfully sc~ scc] of the estate hereby conveyed .and has the right
:to :mortgage, grant and convey the Property and that the Propcr~3 is unencumbered, excepl for encumbrances of
xec~rd. Burrower warrants and will defend generally Ihe nile lo the Property against all claims and demands,
~subject Io any encumbrances of record.
THIS SECLrRiTY INSTRUMENT combines uniform cox enams for national use and non-uniform covenants
with l/mired variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender COVCII£tlll und agree as follows:
l. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Chargea. Borrower
shall pay when due the principal of; and interest on, the del)! cx ~denced by the Note and any prepayment charges
and late charges due under Ihe Note. Borrower .~hall also pa) funds for Escrow Ilm~s pursuant to Section 3.
Paymm~ts tine under the Note and this Security Instrument sba I [~e made in U.S. currency. However, if any
c3aeck or other instmme~nt received by Lender as payment under l}le Note or this Security Instrument is retrained :to
~L~u:ler unpaid, Lander may require that any or all subsequem payments due under the Note and Ihis Security
instrment be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money urder; (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, insu'umentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received al the location designated in the Note or at cinch
other location as may be.designated by Lender in accordance x~ lth the notice provisions in Section 15. Lender
may remm any payment(s) or partial payment(s) if Ire paymcnu s l or partial payments are insufficient to bring the
_Loan current. _Lender may accept any payment(s) or partial 9ayment(s) insufficienI ~o bring the Lman current,
without waiver of any rights hereunder or prejudice Io its right, lo refuse such payment(s) or partial payments in
the fimn'e, but Lend~ is not obligated to apply such payment, m the time such paymems are accepted. If each
ProSodic Payment is applied as of its scheduled due dare, then Lender need not pay inmrest on auapplied £~md.~.
Lender may hold such unapplied funds until Borrower makes pa3 ment(s) to bring the Loan current. If Borrower
does not do so w/thin a reasonable period of hme, Lendcr ~hall either apply such funds or return them Io
/Borrower. if not applied earlier, such funds will be applied m ~hc outstanding principal balance ~mder the Note
immediately prior to foreclosure. No offset or claim which B{~rrower might have now or in the fmnre against
Lmuler ahall relieve Borrower t~om making payments duc under the Note and this Secur/ty Instrument or
performing the covenants and agreements secured by this gccurit~ Instrument.
2. Appliealion of Payments or Proceeds. Except as otherwise described in Ih/s Section 2, all payments
~aer~ted and applied by Lender shall bc applied in :the followin t~ order of priority: (a) interest due under'the Note;
(b) principal due and~ the Note; (c) amounts due under Scc~t(m 3 Such payments shall be applied IO each
Periodic Payment in the order in which it became due. Anx remaining mounts ahall be applied :first to late
charges, second Ioany other amounts due under this Security h~strument, and then lo reduce the principal balance
of the Note.
if Lender receives a payment from Borrower for a dclinqt~cnl Periodic Payment which Jaclnde~ a suffci~nt
amount Io payany late charge due, the payment may be applied m the delinquent payment and the late charge. If
more lhan one Periodic Payment is outstanding, Lender may ~t)ply any payment xeceived from Borrower to Ire
xepayment ofthe Periodic Payments if, and to the extent that, cacll payment can be paid in full. To the ert~mt that
WYOMING - Single Family -~Fannie Mae/Freddie Mac UNIFORM 1NSTR [ X 1E NT
Page 3 at 12
3051 (01/01)
any e~s e~a~ ~e pa~t is appli~ Zo ~e full ~ymum , I' one or more P~odic Pa~enm, su~ ~xc~s
~y be ~pli~ to ~y ~e e~g~ dne Volmry prepa~em, ~J~all be applied fir~ Io ~y preparer ~ges
~d ~ ~ de,bed ~ ~ Note.
~y applicon of ~ent~, ~r~ce proc~, or Misccll.utct>us Proceeds ~o prmci~l ~e ~r ~e No~
~1 not e~ or p~o~ ~e ~e ~te, or change the moron ,,~ u~c Periodic Paym~.
3. F~ds forE~erow Ii-ms. Bo~ow~ ~1 ~y to Lendu~ ,,~ thc day Periodic Pa~B ~e ~e ~ ~e
Nam, =ill ~ Noteis ~ ~ ~1, a mm (~e "F~ds") to pro,, ,~ I'or payment ofmo~ ~e ~r: ¢) la,es ~
aem~mts and o~ i~s which ~ m prm~ ov~ thu ',ucunD lns~ument ~ a lira ar ~embr~ee on
~ ~op~; ~) leamhold parrots or ~o~d r~ on thc P~',q)crty, if ~y; (c) prmims for ~y ~ .~1
~cer~uired by~ ~ Section 5; ~d (d) Mo~ga;.~ I:h~ttrance premiums, iffy, or ~y ~s ~y~le
by Bo~ow~ Io L~ ~ lieu of~e parrot of Mo~e In:,m',muc premiums in ~cor~ee ~ ~e promi~
of S~fion 10. T~ i~s ~e ~ed "E~ow I~." At ori ~ ~n,,~t o n or at any time ~ ~e mm of Ihe [ nan,
L~ ~y r~Mre ~hal C~i~ Assoc~i~ D~, Fees, ,u,, ~ X ss cssm ents, if ~y, be ~owefl by ~ow~,
~d ~h ane~. ~e~ ~ a.qms~ ~hall be ~ E~ow Iten, llt~rrower shall promptly f~ lo L~r ~1
mot~s of mom lo be ~d ~ lhis ~cfion. Bo~ower si,,ll p~ Lender the F~ for E~ow Imms ~less
L~ waiv~ B~ow~'s oblig~ion to pay ~e F~s for ,,,,, or all Es~ow lmms. Lender my waive
Bo~ow~'s obli~i~ to pay to Len~r F~ for ~y or all i :,,:~,,xx Items at ~y ~. ~y ~ wmv~ may
only be M ~g. ~ ~e evmt of ~h wMver, Bo~ower : 1,,:11 pay directly, wh~ ~d wh~e ~y~, ~e
moms ~e for ~y E~row l~s for which ~t of I tt~nd, has been waived by L~r ~d, if L~
~, ehall f~ Io L~ re~ip~ evi~cMg such payn ~.~ u xx izh in such ti~ period ~ ~n~ may r~Mre.
Bo~ow~'s obl~mi~ Io ~ ~h palm ~ to provide ~u~.cq)ts shall for M1 p~ be ~med ia be a
covet ~ ~mt com~ M ~is ~cm~ ~s~nment. ,: ibc phrase "covert ~d ~t" ~ ~ in
S~ion 9. ~Bo~ow~ is ~bligama lo ~y E~ow l~s ~recti., pursuant to a w~v~, ~d Bo~ower f~ls to ~y
~e mo~t ~e for ~ E~ow I~ L~ ~y ex,else iz: :phis under Section 9 =d pay .such mo~t ~d
B~ower ~1 ~ be obli~d ~ ~fion 9 to r~ay to I ~.ndcr any such mo~t. Len~ may rev~ ~e
w~v~ ~ Io =y ~r ~1E~ow I~s at ~y hme by a notice g~ uu m accord=ce M~ ~tian 15 ~fl, ap~ ~h
sevo~on, Bo~ow~ ~1 ~y Io L~ ~1 F~, ~d in uch amounts, ~t ~e ~ ~Mred nna~ ~is
~ion 3.
L~ ~y, ~ ~y h~, collect ~d hold Funa~ in ~ an,,um (a) sufficient to p~it Lend~ to ~ply ~e
F~m ~e ~e ~mfied und~ ~SPA, ~d ~) not io exceed thc maximum mo~t a l~r ~ seqMre and~
~SPA. L~r ~1 ~mate ~ mount ofFnnd~ ~ on thc t~,X~ls of current data ~d r~o~le ~im~s of
exp~ ~f fa~e~ow ~s or oth~wise in ~cor~cc ,, nth Applicable ~w.
The F~ ehall be ~ld in ~ ~imtion who~ ~posits ;u u insured by a fed~al ~mcy, insm~ily, or
~fiW (Mc~~, ifL~ ~ = ~mfion who~ dep(,, n:, arc so insured) or in =y F~al Hme L~
~. L~r ~1 ~ply ~e F~ to pay ~ E~ow Iteu,, nu later th~ ~e t~e ~ecifi~ ~r ~SPA.
L~a~ ehall not charge Bo~ow~ for holdi~ applying thc i Ultd~. annually ~ymg ~e <ow ~co<t, or
v~i~g ~e Es~ow ~s, ~s Lend~ ~ys Bo~ower intu~ c.~t un the Fnn~ ~ Appli~le Law p~i~
~d~ Io~ake ~ a ~ge. UM~s ~ ~ent is ~e in ,,s tiring or Applim~le Law r~uires in~ to be
~d on Ihe F~, L~r ehall not be,~uired Io ~y Bo~ox~ ~,~ ,tn x interest or ~ngs an Ihe F~. Bo~ower
~ L~ ~ ~ee in ~ifi~, howev~. ~t ~ sh,dl hc paid on the FnndR. Lm~r ~1 give to
Ba~ower, ~oat ~ge, ~ annnal ~co~Mg of~ F~ds ?, ~ cquircd by ~SPA.
~e is a sn~las of F~held in ~row, ~ ~fMed u~ndu~ RI:SPA, Len~r ~1 ~eo~t to Bo~ower for
~ ~s ~ M ~cor~ce ~ ~SPA. ~e is a sh,,,'tuFc of Funds held in ~ow, ~ d~n~ ~
~SPA, L~ ehall nofi~ Bo~ower ~ r~Mred by ~SP,x, ,tnd Borrow~ ~1 ~y Io Le~ ~e mo~t
nneee~ Io make np ~e ~o~e ~ aceor~ee wi~ ~SPA. I,tn ~n no more t~ twelve mon~ly ~mm. If
~e ~ a ~fieimcy ofF~ ~ld M ~row, ~ ~fmed under t,',1 hi'A, Lender ~1 noti~ Bo~ower ~ required
by ~A, ~d Bo~ow~ ~hall ~y to Lm~ ~ mo~t neet: -,n'x to make ap ~e ~fieimcy in ~cordance wi~
~A, but ~ no mare ~ ~elve m~ly ~.
Upon ~mt ~ ~11 of ~1 ms ~ by ~s Secumnx Instrument, L~ ~1 promptly ref~ Io
B~ower ~y Fnnde ~ld by I
4. C~g~; ~. Bo~ow~ ~1 ~y ~1 ~ ~essm ~ ~n~,. charges, fin~, ~d i~ifians ~ibmble Ia
~ Pmp~ wMch ~ anain phofiW over ~ ~c~i~ ~strtnl~clll, leasehold pa~ents or ~o~d rm~ ~n ~e
WYOMING - Single l~amily -Fa nni, Mae/Fr~dd!e Mae UNIFORM INSTR I x I1 h T
Page4 of 12
F~rm 3051 (01/01)
Property, ffany, and Community Association Dnes, Fees, and ~.,-L .~mcms, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner prox,~.d m Section 3.
Borrower shall prnmptly discharge any lien which has prio; ~: ,~x cr this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured l,., t~c lien in a manner acceptable to Lender, but
only so longas Borrower is perfiarming such ~greemeng Co) com~.:.t_~ the lien in good faith by, or defends agaiust
enforcement of the lien in, legal proceedings which in Lender' :~ ,~,~m on operate to prevent the enforcement of the
lien while those proceedings are pending, but only until such i~' .~ccditlgs are concluded; or (c) secures from the
holder of the lien an agreement satisfactory to Lender suborders,ting the lien to this Security instrument. If
Lender determines that any part of the Property is subject to .. ~ ~hich can attain priority over this Security
Instrument, Lender may give Borrower a notice identifying th~ ~... Within 10 days of the data on which lb. at
notice is given, Borrower shall ~atigfy the lien or take one or m,,~. ~, th e actions set forth above in this Section 4.
Lender may reqmre Borrower Io pay a one-time charge ~,,~ ~ real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance: Borrower shall keep the imprt,x ~'~cnts now ex~sting or hereafter erected on the
Property insured a.~ainst loss by fire, hazards included with ~nc term "extended coverage," and any other
ha?urals including, but not limited Io, earthqnake.q and floo~l- t~r xYhich Lender requires insurance. This
insurance shall be maintained in the mounts (including ded,.'t~hlc evels) and for the periods that Lender
requires. What Lender requires pur.qnam to the preceding semc~ .... ':m change during the term of the Loan. The
mmrance carrier providing the mmranee Shall be chosen b) ~s,,~'rmver subject to Lender's right to disapprove
Borrower's choice, which right shall no: be exercised lmreas, i,,t,~x. Lencler my require Borrower to pay, in
connection with this Loan, either: (a) a one-me charge for fl ..... 1 /one determination, certification and tracking
services; or Co) a one-time charge for floodzone determinatio~ .,~,l certification services and subseqtmm charges
r, ach time remappings or similar changes occur which reasonabl, ~,~m affect such determination or certification.
Borrower shall also be responsible for the payment of any fec~ lt~t~..,cd by the Federal Emergency Management
Agency in connection with the review of any flood zone detern~.~t~ tm resulting from an objection by Borrower.
if Borrower fails Io maintain any of the coverages de~qcribc,I ... ~, }x c. Lender may obtain inenrance corm'age, at
Lender's option and Borrower's expense. Lender is under ~,, ,d,l~ation to purchase any particular !ype or
amount of coverage. Therefore, such coverage shall cover I c~dc~, but might or might not protect Borrower,
/Borrower's equity in the 'Property, or the contents of the Propc, ~ agmns! any risk, Jaa?ard or hability and might
provide gre~ater or lesser coverage than was previously in efl~., t~orrower acknowledges that the cost of Ihe
insurance coverage so obtained might significantly exceed ~, c~st of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under ~his Sec~,,~ ; shall become additional debt of Borrower
secured by this Security Instrument. These mounts shall t-,. ~t interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon not~,~ ~m~ Lender to Borrower requesting payment
All inenrance pohcies ,equired by Lender and renewals m ~.t,~- ~ policies shall be subject to Lender's fight to
disapprove such policies, shall include a ~andard mortgage clatter, and shall name Lender as mortgagee and/or as
an additio~.] loss payee. Lender shall have the right to hold ~,, ~olicies and renewal r~t. ifieams. If I.ender
requires, ~Borrow~ shall promptly give Io Lender all receipts o~ ,~d premmms and renewal notices. If Borrower
obtain.q any form ofinm~rance coverage, not olherwise required ,., l~cnder, for damage to, or destruction of~ the
Property, such policy ~hall include a standard mortgage clause ..... ~hull name Lender as mortgagee and/or as an
additional loss payee.
In Ihe event of loss, Borrower shall give prompt notice t, ~, insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Llnles .... '~dcr and Borrower otherwise agree in writing,
any in~ranc, e proo~edq, wheth~ or not the nnderlying insur:~,}~ ~- x~ as required by l..ender, shall be applied to
restoration or repair ofthe Prope~xy, ifthe restoration or repm~ economically feasible and Lender's security ~s
not lee~.ned. During such repair and restoration period, Lc~d~. shall have the right to hold such inmrance
proceeds until Lender has had an oppormmty IO inspect such t'~, t~ct't.~ to ensure the work has been completed Io
Lender's satisfaction, provided that such inspection shall be un~c~ t,~cn promptly. Lmuter may disburse proceed~
for Ihe repairs and restoration in a single payment or in a ser~c- ~rogress payments as the work is completed.
Unless an agreement is made in writing or Applicable Lax, ~-~ tllrcs interest to be paid on such insurance
proceeds, Lender ehall not be required to pay Borrower any imc~ ~..l t~r earnings on such proceeds. Fees for public
adjustors, or oth~ third parties, re!amed by Borrower shall not , .~z~id out of the insurance proceeds and shall be
WYOMING-Single Family-l*,nni~ l~/Fredd;o
Page 5 of 12
Fr~m 3051 (01/01)
the sole obligation of Borrower. If the restoration or repan . ~,~ economically feasible or Lender's security
would be l~,~ned, the in.~uranee proceeds shall be applied t~ ~c sums secured by this Security instrument,
whether or not then due, with the excess, if any, paid to Bom:;, ~.~ Such insurance proceeds shall be applied in
Ihe order provided for in Section 2.
If Borrower abandons the Property, Lender may file, ne~ ~ ,,t~~ and settle any available insurance claim and
related matters. If Borrower does not respond within 30 da)', . .. notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may negotiate and scttl~ tile claim. The 30-day period will begin when
Ihe notice is given. In either event, or if Lender acquires the ~'~ ,,cr~v under Section 22 or otherwise, Borrower
hereby assigns Io Lender (a) Borrower's rights to any insuranc~ .,~ ~,cccds in an mount not to exceed the mounts
unpaid undeT the Note or this Security Instrument, and (b) ant .... · of Borrower's rights (other than the right to
any refund of unearned premims paid by Borrower) under all t~:mcc policies cove~ing the Property, insofar as
such rights are applicable to the coverage of the Property. Le~d~.~ may use the insurance proceeds either to repair
ar 'restore the Property or to pay mounts unpaid under the N~I~ ,,~' Ires Security Instrument, whether or not then
due.
6. Occupancy. Borrower rflmll occupy, e~tablish, and _ . mc Property as Borrower's principal residence
within sixty days after the execution of this Security Instrun._ ~md shall continue to occupy the Property as
Borrower's principal residence for at least one year after the a:~l~. ~ ~ t~ccupancy, unless Lender otherwise agrees in
writing, which consent shall not be unreasonably withheld, o~ ~,~c~ extenuating circumstances exist which are
beyond Borrower's control.
7. Pr~ervation, Maintenance and Proteefioa of the Pre,peri); Inspections. Borrower rdmll not destroy,
dama~ge or impair the Property, allow Ihe Property Io deterior,~ ,~t commi~ waste on the Property. Whether or
not Borrower is re.qiding in the Property, Borrower shall ma~,l~t~ mc Property in order to prevent the Property
~om deteriorating or decreasing m value due xo its condition ...... it is determined pursuant to Section 5 Ihat
repair or restoration is not economically feasible, Borrower shal t,~ ~)mptly repair Ihe Property if damaged to avoid
:further deterioration or damage. If insurance or condemnation ~'~ ,,coeds are paid in connection with damage to, or
the taking of; the Property, Borrower shall be responsible fe~ . t).m'm g or restoring the Property only if Lender
has released proe~tt~ for such purposes. Lender may disburs[ .,,~cccds for the repairs and restoration m a m~gle
payment or in a series of progress payments as the work is corn ~c.~ct~. If the insurance or condemnation proceeds
are not ~ufficient lo repair or restore the Property, Borrowcl ,- riel relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon an~ ~ :)cctions of the Property. If it has reasonable
em~v.e, _Lealder may iltspect the interior of Ihe improvements on t I,,. I'rt~p err y. Lender shall give Borrower notice at
theXime of or prior Io such an interior inspection specifying su,'l l'c~.~.~onable cause.
8. llormwer's Loan Application- Borrower shall be ~t~ d:l'ault i£ during ihe Loan application process,
Borrower or any persons or entities acting al the direction of ~, ,~':'o~ cr or with Borrower's knowledge or consent
gave materially false, xnislearling, or inaacurate information o~ ~,~.,ements to Lender (or failed to provide Lender
with material information) in connection with the Loan. Matc~ l:tl representations include, but are not limited to,
:repre~ex~ntafirms concerning Borrower's occupancy of the Propcr~ .... Borrower' s principal residence.
9. Prot~,qion of Lender's Imerest in the Property and Righls Under this Security InstrnmenL If (a)
BorroWer fails lo perform the covenants and agreemenls contain ~., 1 m lh i s Security Instrument, (b) there is a legal
proceeding Ihat might significantly affect Lender's interesl ~ t~, Property and/or fights under this Security
Instrument (such as a proceeding in bankruptcy, probate, for ct,~,lcmnation or forfeiture, for gnforcemenI of a lien
which may attain priority over this Security Instrment or to ~.~ l',)rcc laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for ~atcx er is reasonable or appropriate to protect
Lender's inlerest in Ihe Property and rights under this Secnrit tl~trument, including protecting and/or a~s.qing
thevalue of the property, and ~ecurmg and/or repairing the P~(,t,crt.x. Lender's actions can inchltte, butarenot
limited lo: (a) paying any ~m~ secured by a lien which has pt ~(>[ }~.x ox cr this Security Instrument; Co) appearing
in court; and (c) paying reasnnahle attorney's :fees to protect ,t~ ~tc'rcst in the Property and/or rights under this
Secatrity Instrument, including its ~cured position in a bankrt i}~-x proceeding. Securing the Property inclnrles,
but is not limited to, entering the Property to make repairs, ch.~,~,~,c locks, replace or board up doors and windows,
dram water l~om pipes, eliminase building or other code vio[:~! ,m~ or dangerous conditions, and have utilities
turned rm or off. Although Lender may lake action under this ~c,t,o~ 9. Lender does not have to do so and is not
WYOMING - Single Family - lvannie Ma~/Fredflie Mac IJNIFORM INSTil I ~ I I \ ri
Page 6 of 12
Farm 3051 (01/01)
under any duty or obligation to do so. It is agreed that Lende~ ~ ,,'m'~ no liability for nm Iaking any or all actians
amhorized under this Section 9.
Any mounts disbursed by Lender under this Section 9 sh.~ t,VColne additional debt of Borrower secured by
Ihis Security Instrument. These amounts shall bear interest at .... xotc rate fi.om the date of disbursement and
.qhall be payable, with such interest, upon notice :fi:om Lender t,, ~;,.,~'~ m~ er requesting payment.
If this Security Instrument is on a leasehold, Borrower sh.tll ~mlply with all the provisions of the lea.qe. If
/Borrower acquires £eertifle to the Property, the ]eaeehold and u~ ~ title shall not merge unless Lender agrees ~o
Ihe merger m writing.
10. Mortgage ln~nraluxe. If Lander rexluired MortgaT~ ~sm'ance as a condition of making the La,an,
/Borrower shall pay the premiums required to maintain Ihe M(,, ~,.~ Insurance in effect. I~ for any reason, the
Mortgage In.qnrance coverage required by Lender ceases to be .... ~ lab[~ from the mortgage irmurer Ihat previously
prov/ded such insurance and Borrower was required to make st .Jul atclx designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premimns req~ ~.~ to obtain coverage substantially equivalent Io
the Mortgage Insurance previously in effect, al a cost subst.~,t... Ix equivalent to the cost to Borrower of/he
Mortgage Insurance previously in effect, :fi'om an alternate mo~ ~;-.,~.~ insurer selected by Lender. If sub~antially
equivalent Mortgage ln.qnrance coverage is not available, Borr~,x,. ~ ~hall continue to pay to Lender the amount of
the separately designated payments that were due when the ~nsm.~ ~['c coverage cea?.ed IO be m effect. Lender will
accept, use and retain these payments as a non-refundable los: :~...crx c in lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable, notwithstanding the fact thai t l,~ i ~a n ~ s ultimately paid in thll, and Lender shall
not be required to pay Borrower any interest or earnings on su~'~ ~,>: s reserve. Lender can no longer ~eqmre loss
:reserve payments if Mortgage In~-rance coverage (m the amoum .t~ lbr the period that Lender requires) provided
by an in.qurer selected by Lender again becomes available, is t,,,t.tll'Ic'd, and Lender requires separately designated
payments toward the premiams for Mortgage lnsurance. IfLc~,~ ~cqmred Mortgage lusurance as a condition of
making the Lean and Borrower was required to make separaw designated payments toward the premiums for
Mortgage insurance, :Borrower shall pay the premiums requm.,~ ~.. maintain Mortgage Insurance in effect, or Io
provide a non--rafunrlahle loss reserve, until the Lender's reqm~ cm t'or Mortgage Insurance ends in accordance
with any written agreement between Borrower and Lender pr,,x mm ~br such termination or until termination is
required by ApplieahleLaw. Nothing in this Section 10 affect, l;,~rrower's obligation to pay interest at the rate
provided in the Note.
Mortgage Insurance :reimburses Lender (or any entity that t,ttl'c~ascs the Note) for certain losses it may incur
if/Borrower does not repay Ihe La,an as agreed. ;Borrower ~s no] .. t)~rtj to the Mortgage Insurance,
Mortgage in.qnrers evahlate their total risk on all such msur.~,.c m Force from time to time, and may enter into
agreements w/th other parties that share or modify their risk, o~ ~ ~.~l~lcc losses. These agreements are on terrns and
conditions that are satigfactory Io the mortgage insurer and the, ,~[c~' party (or parties) to these agrements. These
agreements may require the mortgage insurer to make paym~.,~l- using any source of funds Ihat the mortgage
in ~rer may have available (which may irmlude funds obtained ~{,~ Mortgage Insurance premiums).
As are. salt of these agreements, Lender, any purcha.qer of t~,, x,o~z, another inmrer, any reinsurer, any other
eaxtity, or any affiliate of any of the ~regoing, may receive I u~ ~.ct~x or indirectly) amounts Ihat derive fi.om (or
might be char~ as) a portion of Borrower's payments f,, 'x tortgage Insurance, in exchange for ~harmg or
modifying the mortgage in~urer's lisk, or reducing losses. If ...... am'cement provides Ihat an affiliate of Lender
Sake~ .a .qhare of the in.*mrer's risk in exchange for a .qhare of t}~c . ~cmlums paid to the insurer, the arrangement is
often Iermed "rmtXivereinsurance." Further:
(a) ~imy ~!1~ ltgr~.m~nt~ wi]] not at'feet the amonnts ~m~l Borrower has agreed to pay for Mortgage
In~uran~ or any other terms of the Loa~ Sue. h agreemcnl, ~ill no! incre~e the amoam Borrower will
owe for Mortgage Imaraae. e, ami they will not emtitle Borro~ cr ~o an.~ refund.
(b) Any ~nch agreements will not affect the rights Borrou cr has - if any - with respect to the Mortgage
Insurance llnder ltle lzloln~owner~ Prote~on Act of 1998 m an~ other law. These rights my indmle the
right to ree. eive eertain did. lo,ares, to request ~nti obtain c:,ncctlation of the Mortgage Inrmran~e, to have
lhe Mortgage Insar~ne.~ Iemin~tod lllltomafit, ally, ~lld/or i~ receive a refund of any Mortgage
preaniams thru' were unearned .at the ~ime of 811~1 a?.anl~Jlatioll or lermination-
11. ~rdgnment of Mi~.llaneons Pro~etls; Forfeiture. , \'1 ~ sc¢llaneous Proceeds are hereby assigned IO
and shall be paid io Lender.
WYOMING - Single ~Family- Fannie Mae/Fr,~dalo Mac UNIFORM INSTR I \ I t \ I
Page 7 of 12
Form 3051 (01/01)
oppartmaity Io rake corrective action provisions of this Section ?t,
21. 14a~ardous Substances. As used in this Section 21 , "ttazardous Substances" are those substances
defined as toxic or hazardous snbstances, pollutants, or ~,..~ ~.~ %' Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic pc~r~,~cmn products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldeh~ d,. ~md radioactive materials; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where t~, v~ ,~perty is [ocatefl that relate m health, safety or
environmental protection; (c) "Environmental Cleanup" includ~ ~,~ response action, remedial action, or removal
action, as defined in Environmental Law; and (d) an "Environm,'~ ~i.d Condition" means a condition that eon eane~,
~ontribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use ~ ~)(~al. storage, or r~eaee of any Ha7ar~lous
Substances, or threaten ~o release any Ha?ardous Substances ..... , m lhe Property. Borrower shall not fie, nor
allow anyone else ~o do, anything affecting the Property (a) i~,~ .~ m xiolation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, dm t, mc presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value (,~ t ,~- Property. The preceding two sentences shall
not apply to the presence, use, or storage on the Property o] ~,~.dl quantities of Hazardous Substances that are
generally ~eeogni?ed to be appropriate to normal residential .... ~ .md to) maintenance of the Property (including,
but not limited to, ha?ardous substances in consumer products ~.
Borrower shall prnmptlygive Lender written notice of (a) .. mvcstiganon, claim, demand, lawsuit or uther
action by any governmental or regulatory agency or private .~r]x revolving the Propm-ty and any Ha?ardous
Sub'once or Environmental Law of which Borrower has aclti.~ [,m~wlcdge, (b) any Environmental Condition,
including but not limited to, any spilling, leaking, discharu~ c~case or threat of release of any Hazardous
Substance, and (c) any condition cane. ed by the premnee, Iasc el , c[c.t~c of a Hazardous Substance which adversely
affects the value of the Property. If Borrower learns, or is m,~c~ l~y any governmental or regulatory authority,
or any private party, that any removal or other remediation et ..... I lazardous Substance affecting the Property is
necessary, Borrower .qhall promptly take all necessary remed~.,I .~ctttms in accordance with Environmental Law.
NothinE herein shall create any obligation on Lander for an En~ ~'~,mn cut al Cleanup.
NON-UN1F ORM COVENANTS. Borrower and i~nder ft~'~l,~ covenant and agree as follows:
22. Acceleration; ~ie~ Lender ~ give aotict, i. Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in ]this Seem'il, Instrument (but sot prior to acceleration
under Section 18 unless Applicable Law provides otherwise}. Ih t. notice shall specify: (a) the default; (b) the
action required to c. are the default; (c) a date, not less th:in 31} days from the date the notice is given to
Borrower, by whleh the default most be cured; and (d) that tailure to cure the default on or before the date
specified inthe notice may result in acceleration of the sum, st. cured by this Security Instrmnem and eale of
the Property. The notice shall further inform Borrower o! ~h, rich! to reinstate after acceleration and the
right to bring a court action to assert the non-existence el., dcfaul! or any other defense of Borrower to
acceleration and sale. If the de2falllt is not eared on or bei'm, ~ltt~ date specified in the notice, Lender at its
option may require immediate payment in full of all sum~ ~ccured by this Security Instrument without
further demand and may invoke the power of eale and an~ ,~hcr remedies permitted by Applicable Law.
Lender shall be entitled to collect all expenses incurred in pm,uing the remedies provided in this Section 22,
including, butaot limited to, reasonable attorneys' fees and c,,,t, of title evidenee-
If Lender invokes the power of aa!e, Lender shall givc ~,,,~ tcc of intent to foreclose to Borrower and to
]the person in possession of the Property, if different, in accm ounce with Applicable Law. Lender shall give
aotiee of the sale to Borrower in the manner provided in $cclit, lt 15. Lender shall publish the notice of ~tle,
and the Property ~ be ~old in the manner prescribed ~,~ applicable law. Lender or its designee may
purchase the Property at any sale- The proceeds of the salt. ~t~ ;all De applied in the following order: (a) to all
eJ~penses of the aa!e, including, lint not limited to, reasonable allort~evs' fees; (b) :to all ~lms sea:aired by ]this
Setatrity Instrmnent; and (c) any exeees to ]the person or pers~m~ legally entitled to iL
2.3. R~lease. Upon payment ofall snm.q secured by this $~.ctt~ ,~x Instrument, Lender shall release this ~qecnrity
instrument. Borrower shall pay any reeorttation costs. Lend, m;~5 charge Borrower a fee for releasing this
Secaritylnstrument, bnt only if the fee is paid to a Ihird part3 ,. >cr; tces rendered and the charging o£the fee is
Ve'~OMING - Single ~Family - ~Fanni~ Ma~/l~r~rht;~ Mac UNIFORM INSTIl I x i 1. N'I
Page 11 of 12
Fmma 3051 (01/01)
if the Property is damaged, sm:h Miscellaneous Proceed-. !~:~11 bc applied to restoration or repair of the
Property, if the restoration or repair is economically fex~ible a~,,~ cnder's security is not lessened. During s~h
Tepair and restoration period, Lender shall have the right to h.~,~ ~,ucn Miscellaneous Proceeds nmil Lender has
had an opportunity to inspect such Property to ensure the x~ ,~_- been completed to Lender's taft,faction,
provided that such inspection shall be undertaken promptly. Lc~,~cr may pay for the repairs and restoration in a
single disburmment or/n a series of progress payments as Ihe x~ ,. cmnpleted. Unless an agreement is made in
writing or Applir.,able Law requires interest to be paid on s,~ \hsccllaneous ProceeA~, Lender shall not be
xequired to pay Borrower any interest or earnings on r,m:h Mis ..... mcous Proceeds. If the restoration or repair is
not economically fea.~ible or Lender's security would be lessen~.d m c M~scellaneous Proceeds shall be applied lo
the m:m.q secured by this Security Instrument, whether or no! th~ ~mc. wilh the excess, if any, paid to Borrower.
Such MiscelLaneous Proceeds shall be applied in the order prov~d~.d for m Section 2.
In Ihe event ora total taking, destruction, or loss m value, :~ t~,c Property, the Miscellaneous Proceeds shall
be applied to the ~,,m.q secured by this Security Instrument, wh~.l ~- or not then due, with the excess, if any, paid
to Borrower.
In the event of a partial taking, destruction, or lass in valu~- ~ thc Property in which the fair marke! value of
the Property immediately before the partial iaking, destruction. ., loss m value is equal to or greater than the
mount of the sums secured by this Security Instrument imme&,t~., before the partial Iaking, destruction, or loss
in value, unless Borrower and Lea-der otherwise agree m wrih~?, thc ~dms secured by this Security instrment
shall be reduced by the-mount of the Miscellaneous Proceed~ ~t~mplied by the followingfi:action: (a) the total
amount of the sums ~cured mediately before the partial mkm,_, dc.qrucnon, or loss in value divided by (b) Ihe
fair market value oftheProperty immediately before Ihe partial r,~.m,, destruction, or lossin value. Any balance
shall be paid to Borrower.
in the event ora partial taking, destruction, or loss in value ,,~ thc Property in which the fair market value of
the Property immediately before the partial iaking, destructio~ :o~s in value is less than the amounz of the
mans secured immeAiately before the partial ~aking, destrucnt,~. ~,~ loSS in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proeeed~ shall ,.. applied to the m~ms secured by this Security
Instrment whether or not the sums are then due.
If the Property is abandoned by Borrower, or if; after not},, Lcnder to Borrower that the Opposing Party
(as defined in the next sentence) offers Io make an award to sea ,~- .. c~am~ for damages, Borrower fails to respond
xo Leauter within 30 days after the d_ate the xmtice is given. ~ :ltdcr is authorized to collect and apply the
Mis~llaneaus Proceeds either to restoration or repair of the I'~ pcr~y or to the sums secured by this Security
Instrument, whether or not ~ due. "Oppn.qing Party" means t~ third party that owes Borrower Miscellaneous
Proceed~ or the puny again~ whom Borrower has a right of act tc~ rceard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, x~. ~,ct clx'il or criminal, is begun Ihat, in Lender's
judgment, could result in forfeiture of the Property or othe; ~,~ttcrial ~mpairment of Lender's interest in the
Property or rights under this Security Instrument. Borrowe~ c,l cure such a default and, if acceleration has
occurred, reinstate as provided in Section 19, by ea,~ing the ~,t~,}~ o~ proceeding ~o be dismissed with a ruling
that, in Lender's ju~tmaem, precludes forfeiture of the Properb mhcr material impairment of Lender's interest
in the Property or rights nnder this Security Instrument. The pr~ ,, ,.ct~s of any award or claim for damages that are
attribmahle to the imparrment of lenrler's interest in the Propers', :~rc hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied ~o resrorauo ,,r ['c pmr of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Rel,~o~l; Forbearance By Lender No~ , \Xaiver. Extension of the time for payment or
~m~difir_ation ofamorti?ation of the sams secured by this Seem ~,. Instrumen! granted by Lender to Borrower or
any Successor in interest of Borrower .qhall not operate Io rek-,..~ d-,c liability of Borrower or any Successors in
inmresx of Borrower. Lender ~hall not be required to cmmx,enc~ ,,~',}ccedings against any Successor in Interest of
Borrower or IO reCn.~, to extemt time for payment or oth~rwis~
.qemrdty Instr,ment by reason of any demand made by the o~
Borrower. Any £orbearanee by Lender in exerrAsing any righ~
.asmeptanee of payments from third persons, entities or Success,,,
the mount then due, shall not be a waiver of or preclude the ex
13.
,,dif; amortization of the sums secured by this
~.~ Borrower or any Surxessors in Interest of
cm cd) including, without limitation, Lender' s
~t Inlerest of Borrower or in amounts less than
.. o~' any right or remedy.
Joint and Several Liability; Co-signers; ~aieeessor, .mil Assigns Bound. Borrower covenants and
WYOMING - Rin~ole Family -trasmie Mae/Freddie Mac UNIFORMINSTRI \1} \1
Page 8 of 12
Fm-m 3051 (01/01)
:"0!40
agrees that Borrower's obligations and liability shall be joint ml,l >ct oral. However, any Borrower who co-signs
this Security Instrument but does not execute the Note (a "co-:~:,~cr" ): (a) is co-signing this Security Instrument
only to mortgage, grant and convey the co-signer's interest ~ thc Property under the terms of this Security
Instrment; (b) is not personally obligated to pay the sum; sect,~ c,t 1~5 this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree Io extend, modify, 1,,~ t~c.,r or make any accommodations with regard to
the tea-ms of this Security instrument or the Note withmil the ct ,--~ ?~cr' s consent.:
Subjem to Ihe provisions of Section 18, any Successor ~, Ir~tcrcst of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is al;t,~ ,,x cd by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower -.l~,,ll not be released fi.om Borrower's obligations
and liability under this Security Instrument unless Lender agra.,- 1,, such release in writing. Thc Covenants and
agreements of this Security Instrment shall brad (except as prt,~ id~.d m Section 20) and benefit the zuccessors and
assigns of.Lender.
14. Loan Charge~. Lendermay charge Borrower fees fo~ :.~-~'x ices performed in connection with Borrower' s
default, :for the purpose of protecting Lender' s interest in lhe Pr, ~1 }crt.~ and rights under this Security Instrument,
including, but not limited to, attorneys fees, property lnspecti,,t ,~d valuation fees. In regard to any other fees,
the absence of express authority m this Security Instrument 1 .... 'barge a specific fee to Borrower shall not be
construed as a prohibition on ihe charging of rmch fee. Lendc ~.9 nol charge fees that are expressly prohibited
by lttis Security Instrment or by Applicable Law.
IftheLoan is ~ubject to a law which sets maximum loan ch,~ .~ c.,. and that law is finally interpreted so lha! the
mmrest or other loan charges collected or m be collected in com,.:cl ~on with the Loan exceed the permitted limits,
Ihen: (a) any sm:h loan charge shall be reduced by the amora,1 ~cccssary to reduce the charge to the permitted
limit; and Co) any .~lms already collected fi.om Borrower g'h~, c,.cccded permitted limits will be refunded Io
ttorrower, l~u~r may chooselo make this refund by reducing thc principal owed under Ihe Note or by making a
direct payment to Borrower. If a refund reduces principal, t},c ~ eduction will be tre_ated as a partial prepayment
without any prepayment charge (whether or not a prepayment el,.,, ~c t> provided for under the Note). Borrower's
acceptance of any mu:h refund made by direct payment to Borr~,x, c~ x~ ill constitute a waiver of any right of action
Borrower might have arising out of rmch overcharge.
15. Noti~e~. All notices g~ven byBorrower or Lender i~ .... m~c'ction with this Security Instrment mast be
in writing. Any notice Io Borrower in connecnon with Ihis b~., t~'~3 Instrument ~hall be deemed to have been
given ~o Borrower when mailed by first class mail or when actt, a~l; delivered to Borrower's notice address if sent
by other means. Notice Io any one Borrower shall constitmc. ~ot~cc to all Borrowers unless Applicable Law
expressly requires otherwise. The notice address uhall be the 1'~, ~pcrty Address unless Borrower has de~ignmed a
substitute notice address by notice Io i.~nder. Borrower shall I'~ ,)tnplly notify Lender of Borrower's change of
address. If Le~der specif'ms a procedure for reporting Borrow,,. cr'~ change of address, then Borrower shall only
report a change of address through that specified procedure. I I~ci~c may be only one designated notice address
under Ihis Seearity Instrument at any one lime. Any notice to I c~dcr shall be given by delivering it or by mailing
it by firm class mail to Lender's address .~amd herein ~mless I c~dcr has designated another address by notice to
]~n'rower. Any notice in connection with this Security Instrtm,cnl shall not be deemed Io have been given to
J~nder until actuallyteceived byLender. If any noticerequircd I,, this Security Instrument is also required under
Applicable i,aw, the Applicable Law requirement will satisfy ~1,.., corresponding requirement nnder this Security
instrm,nent.
16. Governing Law; Severability; Rules of Comtrnetim,. '1 his Security Instrment uhall be governed by
:federal law and the law of the jurisdiction m which Ihe Properb ,~ located. All rights and obligations conlained
m this Security instrument are subject to any requirements and l~n~tta~ions of Applicable Law. Applicable Law
might explicitly or impliei/ly allow the parties to agree by cont~ ~c~ ~, ~t might be silent, but such silence uhall not
be construed as a prohibition against agreement by contract I~, thc event that any provision or clmme of Ihis
Security Instrument or the Note conflicts with Applicable Lax~ ..rich conflict shall not affect other provisions of
thi.q See~rrity Instrument or the Note which can be given effecl v, it hour the conflicting provision.
As used in this See. t~rity instrumerlt: (a) words of the mascttl lilt. gender shall mean and include corresponding
neu!er words or words of the fm~ninine gender; (b) words in tt~ ~ngular shall mean and include the plural and
viee versa; and (c) Ihe word "may" gives sole discretion withot~l ,~,x t~bligation to takeany action.
17. Borrower's Copy. Borrower shall begiven one cop3 ,,i thc Note and of this Security lnstrmment.
WYOMING - S~]e Family-lZanni~ Mae/Froddio Mac UNYFORM INSTR I \il \ 'l
Page 9 of 12
Farm 3051 (01/01)
,. 0!41
18. Tr~mfer ~f~he ?r~peny ~r m Bene~ ~r~ in ll.;'r,~ er. As used m ~s ~fion ~8, "ln~ in
~ ~op~" m~ ~y ~1 or b~c~l ~ in ~h~ Prop~ ~ ~ncluding, but no~ iimi~dm, ~o~ b~c~l
int~ ~ed in a bond for ~d, con~t for ~, in>,~.,~m~ ~cm sales con~t or ~ow a~, ~e
Jm~l of w~eh is ~e ~ of ~tle by ~ow~ a a fi~tm~re dal~ t .... ~ u r c h aser.
~1 or~y ~ of~e ~op~y or ~y ~r~ m ~e Prop~ ~ sold or tr~sfmed (or ffBo~ow~ is
namr~ p~n ~ a b~efie~ m~ in Bo~ow~ is ~ld or m,~- wn-cd~ without Len~'s prior ~
L~ ~y r~re hmnediate ~t in fall of~l s~s sectn, u hv ~his Securi~ ~um~t. How~v~,
option ~1 not be ~e~d byL~r if~h ~er~ is prohit,n,..t t~ Applicable ~w.
If ~r e~ClS~ ~is option, L~d~ ~1 give Bo~ower ,-,~ ~ ~. of accel~aion. The notice
p~od of not ~s ~han 30 ~ys ~ ~e ~ ~e notice is g~,,,-~ m accord~ce ~ ~cfion 15 ~ w~eh
Bo~ow~ m~ pay ~1 m~m~ ~e~ed by ~is ~ty ~enl ~ Borrower f~ls to pay ~ ~s prior
expk~ of ~is p~iofl, L~r may invo~ ~y r~e~es pen x.u by this Sec~i~ I~ent wi~oul f~r
nofi~ or ~ on ~ow~.
19. Bo~ower's ~ to R~ins~te A~er A~rafion. I l~orrower meets e~ condition, Bo~ow~
~1 Mve ~e ~I'Io Mve e~re~t of~ ~ In~ruin~ ~n o~scontinued at ~y lime p~or Io ~e ~li~
of (a) five ~ys before ~e of~e Prope~ p~t Io ~y pc, x, ~ ~ uf sale conained in ~s S~ ~t;
~) ~h o~er p~od~ Appli~ Law mi~t ~ify f~ ~e tcnn mahou of Bo~ow~'s ri~l Io rei~; or (e)
~ ofa jnd~l ~f~eing ~is ~ri~ ~t. Those . ~unxms are the ~ow~: (a) pays
m~s which ~ would be ~e ~ ~ ~eu~ty ~ent ainu ~, Nme as if no ~eel~aion h~ oee~ed;
~ ~y ~t of~y o~ covets or ~e~; (e) pa> ~ .. expenses incu~ed in ~forcing Ibis ~i~
~nm~, ~lu~ng, but not l~i~d to, r~o~le ~omeys' , .... [~roperty in~ection ~d v~i~
o~ f~s ~ed for ~e p~o~ of pro~ng L~'s inte~c.~i ii thc Property ~d righ~ ~ ~is Se~uri~
~t; ~d (d) takes ~h ~on ~ ~.end~ may r~onabi cuun'e to ass~e I~t L~'s
Prop~y ~d ~hts un~r ~s Secu~ ~I, ~d Bo~o~x. .~ ubligation lo ~y ~e ~ ~c~ed by
See.ri~ ~l, ~1 aon~ ~e~ged. L~ may rc.~ un ~ thal Bo~ow~ ~y ~h re~at~l sums
~d e~ in one or more of Ihe following fo~ ~ sek. c~..d by Lender: (a) ~; ~) money or~; (c)
~fied c~ ~ eMe~ ~eam~r~'s eMek or ~i~'s chili., provided ~y ~h c~ is ~a~ upon
~mfion who~ ~i~ ~e inm~r~ by a fed~ ~eney, in:~n unicnta]ity or ~ti~; or (d) Elec~onic F~ds
Tr~r. Upon re~~t by ~ower, ~s ~e~ity Instrun~c~n and obligatio~ ~e~ed h~eby
f~ly ~tive ~ if no ~l~ion ~ oec~ed. Howev~, tin ~t~nt to reins~e ~1 noI apply ~ ~e ease of
20. ~ of No~; Chsnge of~n ~i~r; No~ce of C~lt, VallCC. The No~ or a p~ in. ca
No~ (toge~ ~ ~ ~e~ ~~t) ~ be ~ld one or. c u c times without prior notice to ~ow~. A
~e might r~lt ~ a c~ge ~ ~e entity (~o~ ~ ~e "Lo:n >,c~'x leer") that collects P~iodie Pa~ts ~e
~ ~e No~ ~ ~is ~ty I~um~t ~d p~o~s othc~ ii~urtgagc lo~ ~r~eing oblivions ~d~ ~e
No~, ~is ~ ~u~, ~ Appli~te ~w. There .... mmhl be one or more ~g~ of ~e
S~ ~ lo a ~e of~ No~. ~e is a ~e of ~ ..... an Servicer, Bo~ow~ will be Wen
notke of ~e c~ge whi~ will mate tM name ~d ~dress , nc new Lo~ S~vicer, ~e ~s Io which
~ ~o~d be made ~ ~y o~ in~aion ~SPA r~, ~ c~ m connection ~ a notice of ~ of
~vicmg. ~ ~ No~ is sold ~d ~r ~e L~ is ~rvicc~i ~ Loan Servicer o~er ~ ~e purcha~ of
Ihe No~, ~e mo~e l~ ~ml oblivions Io Bo~o~. x~lll remain ~ ~e L~ S~vie~ or be
~ed Io a ~c~sor L~ S~ieer(s) ~ ~e not aeenmetl . t~ac Note purchaser ~s o~w~e provided
by ~ No~
Nei~ Bo~ow~ nor L~ ~y commute, j o~, or be j ~,~.., ~ tu an y ]udicial ~fion (~ eider ~ indi~d, al
li~I or ~ ~b~ ofa elaee) ~l ~ises ~om ~e o~r pan,, ~cnons purser Io ~is ~i~ l~t or
~t ~1~ ~ ~e o~er ~ ~ br~Md ~y prov~mn cu ,,' an3 duty owed by re~n o~ ~is S~ity
~~I, ~fil s~h ~ow~ or L~r ~ notified ~e other t',,n'l ~ t with such notice ~v~ in c~pl~e wi~
~e r~mr~ of ~aion 15) of ~ch ~leg~ br~h ~d afl', ,t'd~.d tlae other p~y ~eto a ~o~le p~iod
~ ~e ~g of~ notice Io ~ake co~e~ve ~. ~ Ap ,~ ~cahle Law provi~ agme p~iod wh~
~ b~ore e~ ~on ~ be ~a~en, ~ ~e p~od wi]' t-. ueemed to be r~o~le for p~ of~is
~h. The~otiee of~l~aion ~d oppo~ityIo cure ~ cn ~o Borrower p~enant lo S~tion
no~e of ~cel~aion ~v~ lo Bo~ow~ p~t Io ~etion - ~all be de--ed to ~i~ ~e notice
WYOMING - Single ]Family -]zannio Mae/Freddie Mac UNIFORM INSTRI X ll x I
Page 10 of 12
Fa-m 3051 (01/01)
090S311
0!42
pm-mineA nnd~r Applicable Law.
~. W~v~ ~o~ow~ ~el~n~s ~ w~ws ~l ~ ~der ,~,~ t~x virtue of the hom~a~d ~x~ption hws of
Wyoming.
BY SIGNING REI.OW, Borrower accepts and agrees to u~. terms and covenants comained in I. his Security
Instrament and in any rider(s) executed by Borrower and recorded ,, ~ I~ n.
Witnesses:
~AVID D UNN - ]a~aow~r
Social Secu)'~l, Number
Social Secu ' Number
Social Secur,l', \t, mber
(Se~)
Social Secu~,~ - '< umber
Below This Line For A t 1,. o ~ ledgment]
STATE OF Iq~G )
) SS:
COUNTY OF ~J'rNcQ~N )
The foregoing/nsrrmment was acknowledged beforeme, aNotar,, P~d)ltc. on DEUEI~ER 9.
Dale
by: ZIAVID DIINN tLND P_.ARRIIil DDNN, husband & wife
9.004
Person(s) Acknowl c~, :, ,~ ~
(se~)
-
In WITNESS WHEREOF, l have hereumo set my hand and off~
My Commission expirzs: ~ ~
8HELLEY~J'~D,~LL - NOTAITf ~ ] --
1
WYOMING - $1noole Family- Fannie Mae/Fraddio Mac UNIFORM INSTR I \ t I \'1
Page 12 of 12
Fm-m 3051 (01/01)
SCH'F~DULF t'
That parr of the NE~ANE~A of Section 13, T31N RI I,I\V of the 6th P.M., I.incoln County,
Wyoming, being part of that tract of record in-the Oll'icc of the Clerk of Lincoln County in
Book262 of Photostatic t~cords on page 228, descril ~,.ci as follows:'
BF. GINNING at the southeast PK-nail of that tract ,,~ record in said office in Book 330 of
Photostatic Records on page 157, on the east line ol ~.:~d NE~fiNE~/i, S00°19'00"W, 550.00
feet, from the northeast comer of said NE 1ANE~A; fouled as described in ihe corner record fried
in gaid office;
thence continuing S00°19'00"W, 440.00 feet, along .~:tid cas! line to a spike;
thence S89°54'33"W, 198 feet to a point;
l-hence N00°lg'00'~, 440.00 feet parallel with .qaid eas~ l in~. to the sonthwestpoint of said tract
in Book 330;
Ihence N89°54'33"E, 198.00 feet, along the south imc of said tract, to the PK-Nail OF
BEGINNING.