Loading...
HomeMy WebLinkAbout905618355 Return To: NATIONAL CITY MORTGAGE P.O. Box 8800 Dayton, OH 45401-8800 CO 0 4 5 ~epz~ed B y: LORRAINE TRUJILLO NATIONAL CITY MORTGAGE P.O. Box 8800 Dayton, OH 45401-8800 CO B O C. LINCOLh,, 4 2005 al 10:43 AM ; s 905618 PAGE: 435 :,',;E WAGNER ,' CLERK, KEMMERER, VVy [Spruce Above This Line Nor Recurdi, MORTGAG]}:' 0003359666 DEFiNITiONS %fords used in multiple sections of tiffs document are defined 3, ll, 13, 18, 20 and 21. Certain rules regardJsg tim usage of won in Section 16. (A) "Security Instrument" means tiffs document, whicln is dated toged:er wiO~ ail Riders to fl~is document. (B) "Borrower" is LONN~ K DOBLER and TIFFA~ L DOBLER Husband a '; ',,, ords are defined in Se. ctions i],,¢ dOCtlith{¢l][ [tYe it]S0 provided 30, 2004 BorrowerisflmmortgagorunderfffisSecurit},Ins~umenL (C)"Lendar"is NATIONAL CITY MORTGAGE CO Lender is a corporation organized m~d existing under ~e laws of THE STATE OF OHI. WYOMING-Single Famity-Fannie Mae/Freddie Mac UNIFORM INSIi Page ~ ol 15 Iniiials:~ VMP MORTGAGE FORMS - (800)521-7291 Form 3051 1/01 Lender's ad.ess is 3232 Newraark Drive, Miamis! ,:. j, OH 45342 Lender is the mortgagee under this Security Instrument. (D)"Note" means the promissory note signed by Borrower :~ ~i~d December 30, 2004 The Note states that Borrower owes Lender ONE HUNDRED FIFTY FOUR THOUSAND FOUR : !ilDRED & 00/100 Dollars (U.S. $ 154,400.00 ) plus interest. Borrowe~ i~, l,~q~fi~cd to pay this debt in regular Periodic Payments and to pay tile debt in full not later than Janua: !., 2035 (E) "Property" means the property that is described belov !.~ thc heading "Transfer of Rights in tile Property." (F) "Loan" means the debt evidenced by the Note, plus iht :~,. [~rcpayment charges and late charges due under the Note, and 'all sums due under this Security Insu, ::, ~'. p lt~s interest. (G) "Riders" means all Riders to this Security Instrument !~ i :trc c:,.ccuted by Borrower. The following Riders are to be executed by Borrower [check box as applical ! ~ Adjustable Rate Rider [-~ B~flloon Rider [~ VA Rider ~-~ Condominium Rider ~-] Planned Unit Developmeiu [~ Biweekly Payment Rider Second Home Rider 1-4 Family Rider Odmr(s) [specify] (H) "Applicable Law" means all controlling applicable i i.~:tl. :qate and local statutes, regulations, ordinances and administrative rules and orders (that have th ~'. ~t of htw) as well as afll applicable final, non-appealable judici~ opinions. (1) "Community Association Dues, Fees, and Assessmenl" :~,':ms all dues, fees, assessments amd other charges that are ilnposed on Borrower or the Property ': ~ c~)~dominium association, homeowners association or simihtr organization. (J) "Electronic Funds Transfer" means any transfer of fun, .ti~ '~ than a transaction originated by check, draft, or similar paper instrument, which is initiated througi .'l::ctrtmic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or autht : .:~ !i~v~tncial institution to debit or credit an account. Such term includes, but is not limited to, poi~, ~ -.ulc transfers, automated teller machine ~ansactions, transfers initiated by telephone, wire transfers, a~: '. :,i~,:~atcd clearinghouse transfers. (K) "Escrow items" memas those items that are described in ., (L) "Miscellaneous Proceeds" means any compensation, set~i : 'r,t, :m':trd of darnages, or proceeds paid by any third party (other than insurance proceeds paid under i ~,x~'~ages described m Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation ~ ~ ~1~; raking of tdl or an5, part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresc~ t: ,~ t)l', or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lc.~: : :~:?:ti~:<t the nonpayment of, or default on, the Loml. (N) "Periodic Payment" means the regularly scheduled am .... I t~c lt>r' Qi) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security i~ (O) "RESPA" means the Real Estate Setdement Procedure t ~ 1_'. U.S.C. Section 2601 et seq.) ,'md its implementing regulation, Regulation X (24 C.F.R. Part 350(), [i~ ,,, n~ight be an~ended from time to time, or any addition,"d or successor legislation or regulation that g, ,~ fl~c same subject matter. As used in this Security Instrument, "RESPA" refers to 'all requirements a~: · !~iclkms that ave imposed in regard to a "federally related mortgage loan" even if the Loan does no~ . under RESPA. (~)~6(WY) (0005) Page 2 of 15 Form 3051 1/01 (P) "Successor in interest of Borrower" means amy party Ii, :~. ktl.:cn title to the Property,-whether or not that party bas assumed Borrower's obligations under the Not~.. ~ ,[ this Security Instrument. TRANSFER OF RIGHTS IN TH~ PROPERTY This Security Instrument secures to Lender: (i) the repaymc~ modifications of the Note; and (ii) the performance of Security Instrument and the Note. For this purpose, Borrov Lender and Lender's successors mid assigns, with power in the COUNTY of [Type of Recording Jurisdiction] ~!~, [~o~m, and all renewtds, extensions and s ~'ovenants and agreements under this ,', hereby mortgage, gr~t and convey to ~c following described property located Lincoln : N,m~c oi Recording Jurisdiction] LOT 11 OF TOWNSITE OF BEDFORD, BLOCK 12, COUNTY, WYOMING, ACCORDING TO THAT PLAT THE OFFICE OF LINCOLN COUNTY CLERK AS PLA! FILING, LINCOLN JULY 26, 2004 IN 185-F. PscellD Number: 34182941202400 48 ASTLE COUNTY RD 187, BEDFORD ("Property Address"): which currendy has the address of [Street] :::. ~ : Wyon ng 83112 [Zip Code] TOOETiiER WITH ~dl the improvements now or her~: ;: , ,'~','tcd on the prop6rty, and all easements, appurtenances, and fixtures now or hereto%er a part of the pn ~..\!1 rq~lacements and additions shall 'also be covered by this Security Instrument. Ali of the foregoin7 , : i~r~q to in this Security Instrument as die "Property." BORROWER COVENANTS that Borrower is lawful} : ,.,i ~:r the estate hereby conveyed and has the right to mortgage, grant and convey the Property and ' ; :i~: l'roperty is unencumbered, except for encumbrances of record. Borrower warrants and will dd'c~, ~,;:111}' the title to the Property agafinst all cl~fims and dem?,nds, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifon~ '~;~rxts fbr national use and non-uniform covenants with limited variations by jurisdiction to constitt:. ~ t~:~il'r~rm security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender cove:: ¢~d :fSi'ce as follows: 1. Payment of Principal, Interest, Escrow items. ~l~:~)mcnt Charges, and Late Charges. Borrower shall pay when due the princip~d of, and intere: ~ !1~,. debt evidenced by the Note and zmy prepayment charges and late charges due under the Note. I; . ..,.~ ~Imll also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note arm ~i, ':,..'re'i%, insumment shall be made in U.S. currency. However, if any check or other instrument recchv[ :: [ ~'~Mcr as payment under the Note or this ~(~e'6(WY) (ooo5) page3of ~s Form 3051 1/01 Security Instrument is returned to Lender unpaid, Lender u~: ,]~!i~.,~ that any or all subsequent paymencs due under the Note and this Security Instrument be made in ; ~'c of' tile fo]lowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, 1~ . ~,~:¥!,:, Irc~lsurer's check or cashier's check, provided any such check is drawn upon an institution wl:. ~h'i,,~>;ils are insured by a federal agency, insl:rumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when recei', :,~ ;i~c Mcadon designated in the Note or at such other location as may be designated by Lender in accu: '.,. iih the not/ce provisions in Secdon 15. Lender may return any payment or pargal payment if the pa~x: : ,~ ?:~rdal payments a.re insufficient to bring the Loan current. Lender may accept any payment or partial without waiver of any rights hereunder or prejudice to its ri~i the future, but Lender is not obligated to apply such payment Periodic Payment is applied as of its scheduled due date, funds. Lender may hold such unapplied funds until Borrow Borrower does not do so within a reasonable period of tim,: them to Borrower. tf not applied earlier, such funds will be [t~:~t iusulficient to bring the Loan current, r,'[u~c such payment or partial payments in tu~¢ such payments are accepted. If each ,'ttd~r ~ced not pay interest on unapplied I~ayment to bring the Loan current. If shall e2her apply such funds or return thc outstlmdiug princip:d balance under die Note immediately prior to foreclosure. No offset or cl:~: , '.~i.:h Ih)rrower might have now or in the future against Lender shall relieve Borrower from making; '~t5 due under the Note and this Security Instrument or performing the covenants and agreements secu~ ,'. Ii,is Security Instrument. 2. Application of Payments or Proceeds. Except as or!. accepted and applied by Lender shall be applied in the folk;¥ ~: Note; (b) principal due under the Note; (c) amounts due und each Periodic Payment in the order in which it became due. late charges, second to any other amounts due ander this S ec~ balance of the Note. i,,: described in this Section 2, ~1 payments ,~d,r (~1' priority: (a) interest due under the · li~)u i~. Such payments eh'A1 be applied to r,'~:~i~ai~ng amounts shall be applied first to ]~q~tuueu[, and then to reduce the principal If Lender receives a payment from Borrower for a , ::, iuc~t l-'eriodic Payment which includes a sufficient amount to pa}, any late ch;~:ge due, the payment n~ :~l>l>li~cl to the delinquent payment and the late charge. If more than one Periodic Payment is outscandiu.. : [~,l,r muy apply any payment received from Borrower to the repayment of the Periodic Payments if, and ~ ,I,. cxkmL that, each payment can be p~d in full. To the extent that any excess exists after the payment : .,l*/dicd to fl~e full payment of one or more Periodic Payments, such excess may be applied to any lak , ~::,'s due. Voluntary prepayments st'A1 be applied first to any prepayment charges and then as described ~!,,. N(~Ic. Any application of payments, insurance proceeds, or ~ii ii:tr~c~;u~; Proceeds to principal due under the Note shall not extend or postpone the due date, or change the :~ ttt[, ¢1 the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Le~,! : ,,~ linc day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") ~ : r,~,. kl~ /ur payment of amounts due for: (a) taxes and assessments and other items which can attain pr'i,. :' ,,,,c~ this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or gr(~:: ! ~,'~I~ ~m the Property, if any; (c) premiums for any and 'all insurance required by Lender under Sec~on ~ ', ~!) Nh)rtgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of thc :~,'~t of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items ar~ :I.,I "[iscrow Items." At origination or at amy time during the term of the Loan, Lender may requh-e ~i, ~',~u~u~unity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such duc, , ~ ,. :md assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender 'all notices of a~..~ ,~; h~ hc paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender :. ,.~ lh~rrower's obligadon to pay the Funds for any or all Escrow Items. Lender may waive Borrower's, ~.:: ':~t~u tr) pay to Lender Funds for any or all Escrow Items at any t/me. An5' such waiver may only be i~ [~t,,. I~ thc event of such waiver, Borrower shall pay direcdy, when and where payable, the amounts du : ,r :tr~) Escrow Items for which payment of Form 3051 1/01 Funds has been waived by Lender and, if Lender requires, .: ;: !t~ish to Lender rec~.ip[s 'evidencing such payment within such time period as Lender may require. Bi, ';, ohli~ation to nmke such payments and to provide receipts shall for all purposes be deemed to be a c, : :,~! :md agreement contained in this Security Instrument, as the phrase "covenant and agreement" is usc~i , .':'ti~ 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, m~d Borrower ~:: t~ l~:ty tile amount due for an Escrow hem, Lender may exercise its rights under Section 9 and pay sucl, :::,,m~I :md Borrower sh~l then be obligated under Section 9 to repay to Lender any such runount. Lendc~ ; ~".,'~V:c the waiver as to any or all Escrow Items at any time by a notice given in accordance with Secth, - :~td. t~pon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then r~, ! m~Jcr this Secdon 3. Lender may, at m~y time, collect and hold Funds in an :,, :~t i:~i suiTicient to permit Lender to apply the Funds at die time specified under RESPA, and (b) not . .~.~.'d the maximum mnount a lender can require under RESPA. Lender shall estimate the amount ,: '.~1~ due on die basis of current data and reasonable estimates of expenditures of future Escrow Items ~ !~ ~ v.i . ht accordance with Applicable Law. The Funds shMl be held in an institution whose deposit: ~ ~ cd hy a federal agency, instrumentality, or entity (includiug Lender, if Lender is al1 institution whos~' ~ ~I:.~ :t~' so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escn :~:, m~ later than the time specified under RESPA. Lender shall not charge Borrower for holding a:~: ,i i~!), i~g the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lcd, ! : i::?.~:< l:;~rrower interest on the Funds and Applicable Law permits Lender to mztke such a charge. Unit' ::: :~:'.~'~'mcnt is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall: i: ~Nuh-cd to pay Borrower any interest or e~u-nings on tile Funds. Borrower and Lender can agree in ~ :,: l~v.'cvc'.r, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an :.::: ~i :t~'~'~mnting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as d,: m~dc~' RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. ii: r . :, z~ shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as r~.] J hv RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in monthly payments. If there is a deficiency of Funds held notify Borrower as required by RESPA, and Borrower shall the deficiency iii accordance with RESPA, but in no more Upon payment in full of all sums secured by this Secu Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all t~xes: attributable to the Property which caul attain priority over RESPA, but in no more than 12 dc2ned under RESPA, Lender shall the m~noum necessary to m~tke up payinents. :,ii<iruil~en[, Lender shall promptly refund to .~'ms, charges, fines, and impositions Instrument, leasehold payments or ~round rents on die Property, if any, and Community Associ:t: : ' :u~;~, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pa)'; , i~ tl~c munner provided in Secdon 3. Borrower shall promptly discharge any lien which h:, ~,,itv over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligat~ , . t~'cl by the lien in a m~ner acceptable to Lender, but only so long as Borrower is performing such a,~. ~ t~!: ih) comcsts the lien in good faith by, or defends against enforcement of tile lien in, legal proceedings : !~ ~ Lcmlcr's opinion operate to prevent the enforcement of die lien while those proceedings are pendin9 ~,~1,. until such proceedings are concluded; or (c) secures from the holder of the lien an agreement sari: .,~ v t~: Lender subordinating the lien to this Security Instrument. If Lender determines that any part of li~ ~,~[,c~ t)' is subject to a lien which can attain priority over this Security Instrument, Lender may give B,, .~ :t m~tice identifying die lien. Wifldn 10 I~®-6(WY) (OddS) va~e ~ o~ :~ Form 3051 1/01 0440 days of tile date on which that notice is given, Borrower >!: ~ti~lx' [he lierl or take'one or more of tile actions set forth above in tills Section 4. Lender may require Borrower to pay a one-time charge ~ :~ ,'::1 ~t:~tc tax verificafiorl and/or reporting service used by Lender in connection with this Loan. $. Property Insurance. Borrower shall keep the impr~.. ~!~ ~,.% existing or hereafter erected on the Property insured against loss by fire, hazards included with:, ' I'~ "e×tcndcd coverage," and any other hazards including, but not limited to, earthquakes and l~lo~ ~,,, ,.~t~ic'h Lender requires insurance. This insurance shall be maintained in tile atmounts (including d~.,i :,!,l~.. l~.xu:ls) and for the periods that Lender requires. What Lender requires pursuant to the preceding sc~, '- ~':~ t:hange during the term of tile Loan. The i;lsurance czt~rier providing the insurance shall be c'[~, ', l~r~'ower subject to Le~lder's right to disapprove Borrower's choice, which right shall not bc ,. ~;~'~f ~mr'easonably. Lender may requke Borrower to pay, in connection with this Loan, either: (a) :, ii~, t'h~u'ge for flood zone determination, certification and tracking services; or (b) a one-time chart;. : [J,>~cl zcme determination and certification services and subsequent ch~ges each time remappings or affect such determination or certification. Borrower shall imposed by the Federal Emergency Management Agency determination resulting from a~ objection by Borrower. If Borrower fails to maintain any of the coverages coverage, at Lender's option and Borrower's expense. L particular type or ~qrnount of coverage. Therefore, such cov~..~ protect Borrower, Borrower's equity in the Property, or tile or liability and might provide greater or lesser cover':~ <l~'~l~gcs occnr which reasonably might ~,.'sf~)~sible for the payment of an5, fees with the review of any flood zone il, ~1 :tl~ove, Lender ma), obtain insurance ~; tll~tlor no obligation to purchase any l~:tl[ <'over Lender, but might or migt~t not ;'.:~ ~l' thc Property, against any risk, hazard i~:t~ ~,,as previously in effect. Borrower acknowledges that the cost of the insurgence coverage so :,,.I ~r~igt~t significantly exceed tile cost of insurance that Borrower could have obtained. Any amount~ : :,~:~'....'~1 h)' Lender trader this Section 5 shall become additional debt of Bo~ower secured by this Securit} ~ ~ ;~'~t. These zunounts shrill be~ interest at · e Note rate from ~e date of disbursement and shall be pa)':[ ~. i'.~ st~cI~ interest, upor~ notice from Lender to Borrower requesting payment. All insurance policies requ~ed by Lender ~d renew'~ : -:~'1~ i,olfcies shaI1 be subject to Lender's right to disapprove suc}~ policies, shall include a s~cla;'~ ::, ~:? clz~use, and sh~l name Lender as mortgagee ~d/or as an additional loss payee. Lender shaI1 ~, ~1~. ritzht to hold ~e policies and renewal certificates. If Lender requffes, Bo~ower shalI prompdy gl,. : '~ ..r~lcr' all receipts of p~d premiums and renewal notices. If Bo~ower ob~ins any form of insurance ~,, ~:~:~', ~r)t o~erwise required by Lender, for dmnage to, or des=ucfion of, the Property, such policy sh~tl ~,t~' :t st:tnd~d mortgage clause and shall nanqe Lender as mortgagee m~d/or as ~ additional loss payee'. In the event of' loss, Bogower shall give prompt notice ~ . i~:~t~':~uce c~rier and Lender. Lender may m~e proof of loss if not made promptly by Borrower. t.,: i ~'~]cr ~tnd Borrower otherwise agree in writing, any [nsur~ce proceeds, whether or not the under]> ~: t~:t~:e was required by Lender, shrill be applied to restoration or repaff of the Property, if the re~' : ~ ~,r ~:epah' is economically feasible and Lender's security is not lessened. During st:ch repaff and ~ : t <:~ l~<:riod, Lender shall have ~e right to hold such insur~ce proceeds until Lender has had an opportt; , ~ i~5f~:ct such Property to ensure ~e work has been completed to Lender's satisfaction, provided that : [~ i:~4i~cctiox~ shall be undert~en promptly. Lender may disburse proceeds for ~e repaffs and restorations, ~ :.. ~i~l~ l~ayment or in a series of progress payments as the work is completed. Unless m~ agreement ~ ;:~I' i~ writing or Applicable Law requffes interest to be p~tid on such insur~ce proceeds, Lender shall ~; ~,. :~,,.it~ired to pay Borrower m~y interest or ez~ings on such proceeds. Fees for public adjusters, or oflte~ ,~, i ~,:t~t~cs, retained by Borrower shall not be paid ot:t of the insur~ce proceeds and shrill be the sole obli~, ,~ ~ ~:~ I;~:r~'oxver. If the restoration or repaff is not economicaflly feasible or Lender's security would be les~. ~ 5 ~<. ir~st~rance proceeds shrill be applied to t~C~®-f(WY) (0005) Page 6 of ~5 Form 3051 1/01 the sums secured by this Security Instrument, whether or : : ~..t~ due, with the ekcbss, if any, paid to Borrower. Such insun'u~ce proceeds shall be applied in the or/. :, .. i&d tot in S4ction 21 If Borrower abandons the Property, Lender may file, ~..~? :~cl settle any available insurance claim and related matters. If Borrower does not respond within 30 ~ i,) ',~ ~otice from Lender that the insurance carrier has offered to settle a claim, then Lender ma), negot~: ~...! :-.title tile claim. Tile 30-day period wii1 begin when the notice is given. In either event, or if Le~i , :~ '.it~i~'c:~s the Property under Section 2[2 or otherwise, Borrower hereby assigns to Lender (a) Borrower' ~'~ l~ any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Secu~, i.~ I~ t~c~t, and (b) any other of Borrower's rights (other than the right to any refund of unearned pn' i~:iid by Borrower) under all insurance polic2s covering the Property, insofar as such rights are api, ii,: tt) the coverage of the Property. Lender may use the insurance proceeds either to repair or restore d ~ ,[~'~ty o~ to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, t~u~d u: l'~,¢~rty as Borrower's principal residence within 60 days after the execution of this Security Instrumt. :~ ,i -~}~:~11 cuntinue to occupy the Property as Borrower's principal residence for at least one year 'after agrees in writing, which consent shall not be unreasonabl:~ exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of destroy, damage or impfir the Property, allow the Property Whether or not Borrower is residing in the Property, Borrow,. the Property from deteriorating or decreasing in v2ue due Section 5 that repair or restoration is not economic'Aly feasibl d~unaged to avoid further deterioration or damage. If ~.' of occupancy, unless Lender otherwise ,l~:lJ, er unless extenuating drcums -tances :'~'~¢t,~'tS; inspections. Borrower shall not ~.r br';lt¢ or commit waste on the Property. :',r ~,:~ir~t2n the Property in order to prevent ,~;,litbt~. Unless it is determined pursuant to ,~,~x,,~'~' sh~ll promptly repair the Property if .,.' (>~' cc)ndemnation proceeds are paid in connection with dmnage to, or the taking of, the Property, ::(~ ,.',:r' shill be responsible for repairing or restoring the Property only if Lender has released proceeds 1~ ,; ,!~ i~t~ri~oses. Lender may disburse proceeds for the repairs and restoration in a single payment or in., :i~.: ~I' progress payments as ~e work is completed. If ~e insur~ce or condemnation proceeds arc r~; ~IL'i,'~:[ to rep~r or restore ~e Property, Borrower is not relieved of Bo~ower's obligation for the co~ [ ~:,,~t ~1 st~t'l~ repa~ or restoration. Lender or iB agent may m~e reasonable envies n[ ~:.~ i~:-;pecfions of ~e Property. If it has reasonable cause, Lender may inspect ee interior of the i~:~ ~'~ts on the Property. Lender sh~l give Bo~ower notice at ~e time of or prior to 7uch ~ interior inet, :, ,~, 5~cdl'ying such reasonable cause. 8. Borrower's Loan Application. Borrower sh~l be i~ !:~t!]l il', during ~e Loan application process, Bo~ower or my persons or entities acting at the d~ection ~ :; ~x,,cr or with Bo~ower's knowledge or consent gave materi~ly false, misleading, or inaccurate ir~l, ,':~ or statements to Lender (or failed to provide Lender wi~ materi~ information) in connection witl~ · ! ~,:t~. ~,latcrial representations include, but are not limited to, representations concerning Bo~ower's oc'~ :..::,'. c~l' th~ Property as Borrower's princip~ residence. 9. Protection of Lender's Interest in the Property ~: i;,.h~s L'nder this Security Instrument. If (a) Bo~ower fails to perform the covenants ~d agreements, :: ,::J h~ this Security Ins~ument, (b) there is a legal proceeding that might significantly affect Lender's ~: ,~ ~, thc Property m~d/or rights under this Security Ins~ument (such as a proceeding in ban~uptc) .t~:~:, lbr condemnation or forfeiture, for enforcement of a lien which may attain priority over th , t~it> Instrument or to enforce laws or regulations), or (c) Bon'owcr has abandoned the Property, [ ~2c~' may do and pay for whatever is reasonable or appropriate to protect Lender's interest i~ i'~t>l>~tr't5, and righm under ¢2 Security Ins~ument, including protecting ~d/or assessing ~e value : t~, l'~t~pcrty, m~d securing ~d/or repaking the Property. Lender's actions can include, but ~e not limitet~; ; :~, ~,:t?,'hg any sums secured by a lien which has priority over this Security Ins~ument; (b) app~:~ '.~ c~urt; and (c) paying reasonable (~-6(WY) (ooo5) P~ge '7 of 15 Fprm 3051 1/01 attorneys' fees to protect its interest in file Property and/or ri ~ tx' this Security Ins~ument, including its secured position in a ban~uptcy proceeding. Securing file Pn, , i~, ludcs, but is not limited to, entering the Property to make repairs, change locks, replace or board u; ::,: 'm~d windows, drain water from pipes, eliminate building or edict code violations or dangerous ~: .~ ,):~, und have utilities turned on or off. Although Lender may ~ke action under this Section 9, Leml ~o~ have ~o do so and is not under any duty or obligation to do so. R ]s agreed ~at Lender incm Ih~hili~y For not ~ing any or ali actions and~orized under this Section 9. Any amounts disbursed by Lender under this Section: i::dl t9ccoi'ne additional debt of Borrower secured by this Security Instrument. These amounts shall I, i~', xcst alt tile Note rate from the date of disbursement and shall be payable, with such interest, ulx. ,,'.L': fi'om Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower ~ :! ',,~nldy with 'all the provisions of the lease. If Borrower acquires fee fide to the Property, the leasehold !',: icc title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Leuder required Mortgage. Borrower shall pay the premiums required to mainufin the L i the Mortgage Insurance coverage required by Lender cease~ previously provided such insurance and Borrower was req, toward the premiums for Mortgage Insunmce, Borrower elm! substantially equivalent to the Mortgage Insurance previous'. the cost to Borrower of the Mortgage Insurance previous( selected by Lender. If substautially equivalent Mortgage In~u continue to pay to Lender the mnount of the sep~trately design:. J~:mcc as a condition of m~ing tile Loan, ::,,' Insurance in effect. If, for any reason, :~', :til:fl)le from the mortgage insurer that :: ~[~ n~uke separately designated payments ~' ?rc. miums required to ob~n coverage : . ~l<'t, '~[t a cost substantially equivalent to l~::h fi'om an alternate mortgage insurer ~>.:mgc is not available, Borrower shall i:~], ~cnts that were due when the insur~ce coverage ceased to be in effect. Lender will accept, use and: :: Ct.,, payments as a non-reflmdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall i r[ r.:l'mulable, notwithst~mding the fact that the Loan is nltimately paid in full, and Lender shall not be r~. : ',[ [:> i~y Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reset',, ,' ~c;:ts i1' klortgage Insurance coverage (in the amount and for the period that Lender requires) provided i ,~.. i~m'cr selected by Lender again becomes available, is obtained, and Lender requires separately desJgnm, i' ~,cn[s toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as acm,,, [~t making fl~e Loan and Borrower was required to m~e separately designated payments toward th.. : :,.~m[~ for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insur~ :~ ,'t f'~'ct> or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance between Borrower and Lender providing for such terminati(,~ Law. Nothing itl this Section 10 affects Borrower's obligatio~ Mortgage Insurance reimburses Lender (or 'an>., entity incur if Borrower does not repay the Loan as agreed. Borrow Mortgage insurers evaluate their total risk on 'all such enter into agreements with other parties that share or modify on terms and conditions that are satisfactory to the mortgage agreements. These agreements may require the mortgage insur that the mortgage insurer may have available (which may i~. premiums). :~ccm'dance with any written agreement L'rmination is required by Applicable hllcrcst at ~e rate provided in the Note. :r ~ascs tho Note) for certain losses it may ~:i['[y [0 the Mortgage Insurance. in lbro6 from time [o time, and may reduce losses. These agreements ~e thc other p~ty (or p~fies) to ~ese payments using ~y source of funds obtained from Mortgage Insurance As a result of those agreements, Lender, any purchaser , [~. "~'~k~, mx)tiler insurer, any reinsurer, an5, other entity, or any ~filiate of any of the foregoing, may rc~ , ,iia'cdy or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's i . ~ .~ts l~x' Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or redu ' ~,:-;cx. I1' such agreement provides that ;m affiliate of Lender takes a share of the insurer's risk in ext'!: ~ !~x' a share of the premiums p~fid to the insurer, tile arrangement is often termed "captive reinsurance' ,~ :!~ .~: (a) An), such agreements will not affect the anm:~. ~l~:~l Bm'rower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. St~ :.:n.cmt. nts will not increase the a~nount Borrower will owe for Mortgage Insurance, and they will n .~iil[,.. Bm'rower to any refund. ~.2~-6(WY) (0005) Page s of ~5 Form 3051 1/01 t,} '..,....0443 (b) Any such agreements will not affect the rights :; :,~.,:ur has - if any -' with respect to tile Mortgage Insurance under the Homeowners Protection A~ iu%; ~)r any other law. These rights may include the right to receive certain disclosures, to reqm. ::~,l ~&uain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated a~ ; it. nlly, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at th c ~ :~:. ,,~' ~ u c h cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfci~ . .',11 ~liscelhmeous Proceeds are hereby assigned to and shall be pzdd to Lender. If the Property is damaged, such Miscellaneous Procec~i ;~'~[ I~, applied to restoration or repair of the Property, if the restoration or repair is economically feasibL · i ~.,Mcr's security is not lessened. During such repair and restoration period, Lender shall have the ~i, ,, I~fld such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to c~; iI~. u,c:rk has been completed to Lender's satisfaction, provided that such inspection shall be undertakc~ . ,t:~l~tlv. Lender may pay for the repairs and restoration in a single disbursement or in a series of progres: agreement is made in writing or Applicable Law requires Lender shall not be required to pay Borrower any interest or restoration or repair is not economically feasible or Lender': Proceeds shall be applied to the sums secured by this Secur}t excess, if any, pad to Borrower. Such Miscelhmeous Procc<. Section 2. In the event of a total taking, destruction, or loss in small be applied to the sums secured by this Security Instrun~ any, paid to Borrower. In the event of a partial tit<ins, destruction, or loss i~ :~,'~t~4 as the work ls completed. Unless ~m · ~., hc I~aid on such Miscellaneous Proceeds, :~4 un such Miscellaneous Proceeds. If the ::; ~',~, ,.~ ould be Iessened, the Miscellaneous ~ u~cnt, whe~er or not then due, wi~ ~e :~II hc applied in the order provided for in ,I tl~,' I~t)i)erty, file Miscelhmeous Proceeds '. l,.,:lhcr or not then due, with the excess, if Property in which the fair market value of the Property immediately before the partial tzzking, ,! ,~ t,~, or loss in value is equal to or greater than gte zunount of the sums secured by this Security In- : '~t in~ncdiately before the partitfl taking, destruction, or loss in value, unless Borrower and Lender otis.': :' ::?rcc in writing, the SUlr~.s secured by this Security Instrument sh~l be reduced by the amount o[ i: ',li-:elhmeous Proceeds multiplied by the following fraction: (a) the total anount of the sums secured i~ libel,.!,, bmr'ore the partial ted<ins, destruction, or loss in v~due divided by (b) the fair market value of thc !.. ;, '~1'.. mmtediately before the partial taking, destruction, or loss in value. Any bahmce shall be paid to Be~z .~ In the event of a partial taking, destruction, or loss i~ . ~,l' t[~c Property in which the fair market value of the Property immediately before the partial takin, !l/!jiiOIl, or loss in value is less than the amount of the sums secured immediately before the pard: , :.i~, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misc'~.i , ,,~ iYocceds shall be applied to the sums secured by this Security Instrument whether or not the sums :~ , 'l~ duo. If the Property is abandoned by Borrower, or if, alter ~ h., l.cnder to Borrower that the Opposing Party (as defined in the next sentence) offers to make tm ay.a, .... '!ftc a claim for dmnages, Borrower falls to respond to Lender within 30 days after the date the nod, , ,i~.¢n, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or rcp:~ ; !}~t ih'~perty or to the sums secured by this Security Instrument, whether or not then due. "Opposing P:.., ;~; urns ¢~e third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrowc~: :~: (,.h', ~l' action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceedi~ Lender's judgment, could result in forfeiture of the Property in the Property or rights under this Security Instrument. Bor~ has occun-ed, reinstate as provided in Section 19, by causin~ ruling that, in Lender's judgment, precludes forfeiture of ch, il or criminal, is begun that, in ~,r, uc. riaI impakment of Lender's interest re such a default and, if acceleration ~)r proceeding to be dismissed wifl~ a ~'~,:[v~ty or other material impairment of Lender's interest in the Property or rights under this Security ! ~.'nt. The proceeds of any award or claim for damages that are attributable to the impairment of LemL: ::~'~czt in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to resh,: , ,~ ~ ~cpair o[ the Property shall be applied in the order provided for in Section 2. (~-6(WY) (0oo5) Page 9 of 15 Form 3051 1/0t 12. Borrower Not Released; Forbearance By Len~: .~,I .,~ Waiver. Extension of the time for payment or modification of amortization of the sums secure , t]~i:, Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall ~: , ~:tL. t(> release the liability of Borrower or any Successors in Interest of Btu'ewer. Lender shall not b~': :i~,.J t¢ commence proceedings against any Successor in Interest of Borrower or to refuse to extend tin~ l,:t2. ~cnt or otherwise modit'y amortization of the sums secured by this Security Instrument by reason u: ,L'~:l~ld made by the original Borrower or any Successors in Interest of Borrower. Any forbearance ~'~..l~'r in exercising any right or remedy including, without limitation, Lender's acceptance of paym,:.: ~,~ tl~ird persons, entities or Successors in Interest of Borrower or in amounts less than the anount th~ :, ,.,. -;ImlI not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successm :! \ssigns Bound. Borrower covenants and agrees that Borrower's obligations ~md liability shall be j,' .rt! several. However, any Borrower who co-signs this Security Instrument but does not execute the N~ ', 3 ....: (a) is co-signing this Security Instrument only to mortgage, grant ~md convey the co-signel Security instrument; (b) is not personally obligated to pay th (c) agrees that Lender and any other Borrower can accommodations with regard to the terms of this Security' consent. tile Property under the terms of this ~'~'urcd by this Security tnstTument; and '.'<tend, modify, forbear or m~e ~my ~r the Note without the co-signer's Subject to the provisions of Section 18, any Successor i: .~ .'4 of Borrower who assumes Borrower's obligations under this Security Instrument in writing, an,' :~;:.l,~wcd by Lender, shrill obtain all of Bo~ower's rights and benefits under dfis Security InstJ,. ,[. l;,~rrower shall not be released from Bo~ower's obliga~ns $~d liability under this Security' Inet: ~t t~:l~'ss Lender agrees to such release in writing. The covenants and agreements of ~is Security Insh:., :h:~ll bind (except as provided in Section 20) and benefit ~e successors m~d assigns of Lender. 14. Loan Charges. Lender may charge Borrower 1'.~ ,~-<'trices performed in connection with Borrower's default, for ~e puttee of protecting Lender'- :.q hu thc Property and rights under this Security' Ins~ument, including, but not Iimked to, attorneys' ' ~:[)crty inspection and valuation fees. In reg~d to ~y o~er fees, the absence of express authority in: :;:~ [~ ~[5' Ins~ument to ch~ge a specific fee to Borrower shall not be cons~ued as a prohibition on ce ci~: :, ~1' such fee. Lender may not ch~ge fees that are expressly prohibited by this Security Ins~ument or b', . ~,, :t~,lc Law. If ~e Lozm is subject to a law which sets maxmmm lc):: '. :r ::.<, amd that law is finally inte~reted so that the interest or other loan ch~ges collected or to be c()~ ! [r~ c'om~ecfion wi~ the Lo~ exceed the permitted limits, then: (a) any such lo~ ch~ge sh~I be reduc tl~. :~mount necess~y to reduce the charge to ~e permitted limit; and (b) ~y sums akeady collected l:. i;~,~'~:;,.cr xxhich exceeded permitted limits will be refunded to Bo~ower. Lender may choose to m~e ¢, i~[~}<l h5, reducing the princip~ owed under · e Note or by m~ing a dkect payment to Borrower. If a :~'. ~'dt~ces principal, ~e reduction will be ~eated as a p~tial prepayment wi~out any prepayment ci .,,h,.ther or not a prepayment ch~ge is provided for under the Note). Borrower's acceptance of ~y ,,. :~i t~tt ~tmde by dffect payment to Borrower will constitute a w~ver of ~y right of action Bo~ower might :~ tsh~g out of such overch~ge. 15. Notices. All notices given by Borrower or Lender i~. r~'~iit)~t with this Security Ins~ument must be in writing. Any notice to Bogower in connection with th , t~ritx ius~ument sh~l be deemed to have been given to Borrower when mailed by fks[ class m~fil o~ ~ :~u'tually delivered to Borrower's notice address if sent by o~er means. Notice to m~y one Borrowc: ;: ": ct~Nthute notice to all Bo~owers unless Applicable Law expressly requ~es otherwise. The notice :: ~::; sh~dl be the Property Address unless Borrower has designated a substitute notice address by m>~ :~ ~ ~,~dcr. Ben-ewer sh~l promptly notify Lender of Borrower's ch~ge of address. If Lender specifies .... ' Ic~c for reporting Bonower's change of address, then Borrower sh~ll only report a ch~ge of adckess : ;~'i[ t[mt specified procedure. There may be only one designated notice address under this Security Insm~: ,: :~ :t~v tmc time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail ~. : ~,!::~ '< address stated herein unless Lender has designated ~other address by notice to Bo~ower. Any m :' ~ :~[~cction with this Security Ins~ument shall not be deemed to have been given to Lender ungl actual~ ~ .ix~d by Lender. If m~y notice required by this Security Instrument is also required under Applicable L: the corresponding requirement under this Security, Instrument ~®-6(WY) (ooo5) ?age lo of ~5 !i,:' .\l>idicable Law requLrement will satisfy Form 3051 t/01 16. Governing Law; Severability~ Rules of' Construe! i l~i.-~ Security Instrfiment shall be governed by federal law and the law of the jurisdiction in which thc l~;'~u, is located. All'rights and obligations contained m this Security Instrument are subject to any r~'.i. '~.':~s and limitations of Applicable Law. Applicable Law might explicifly or implicidy allow the parti : ~ :r'~,~, by contract or it might be silent, but such silence shall not be construed as a prohibition again>: , ~' ~.nt hy contract. In the event that arty provision or clause of this Security Instrument or die Note c~;: ~ v, ith ,.\pplicable Law, such conflict shall not affect other provisions of this Security Instrument or conflicting provision. As used in this Secnrity Instrument: (a) words of corresponding neuter words or words of the feminthe include the plural and vice versa; and (c) the word "may" any action. 1'7. Borrower's Copy. Borrower shall be given one col 18. Transfer of the Property or a Beneficial Inte~ "Interest in the Property" means any legal or beneficial intel'. those beneficial interests transferred in a bond for deed, conu agreement, the intent of which is the transfer of title by Born~ If all or amy part of the Property or any Intercept in d~e not a natural person and a beneficial interest in Borrower is consent, Lender may require immediate payment in full However, this option shall not be exercised by Lender if such If Lender exercises this option, Lender shall give ,,I.' ,,~hich can be given effect without the gender shall mean and include in the singular shall mean and di~<'rction without any obligation to u~ke ,..lc and of this Security Instrument. l;urr/m'er. As used in this Section 18, ~!~.' l~upcrty, including, but not limited to, ,h';:d installment s~es conuact or escrow Future date to a purchaser. i, sold or ~ansfe~ed (or if Borrower :m~Fe~ red) without Lender's prior written ~;:~s secured by this Security Ins~ument. i:~ p~ohibited by Applicable Law. m~tico of acceleration. The nodce provide a period of not less than 30 days from the date tM : ,,,~. i:; ~iven in accordance with Section 15 within which Borrower must pay all sums secured by this S~ :: ln,q~umonL If Bo~ower f~ls to pay these sums prior to the expkafion of ~is period, Lender may i~ :t~) remedies permitted by ~is Security Ins~ument wi~out further notice or demand on 19. Borrower's Right to Reinstate After Accelen ~t, 11 Borrower mee~ cer~fin conditions, Bo~ower sh~l have the right to have enforcement of this S~ : [ixqrumonE discontinued at ~y time prior to the e~liest of: (a) five days before sate of the Property i , t~! lt~ auy power of s~e contained in ~is Security Ins~ument; (b) such other period as Applicable Lay. ;~ 4~c~'il'y for th~ termination of Borrower's right to reinstate; or (c) envy of a judgment enforcing thi> : ~ Instrument. Those conditions z~e that Borrower: (a) pays Lender ~1 sums which ~en would be du ':.: tl~is Security Ins~ument ~d the Note as if no acceleration had occu~ed; (b) cnres any default of ',~ ',~,.~ t'ovenants or agreements; (c) pays all expenses incurred in enforcing ~is Security Ins~ument, in,~; :' hut not limited to, reasonable attorneys' fees, property inspection m~d valuation fees, and other fees interest in the Property and rights under this Security Insu-u reasonably require to assure that Lender's interest in the and Borrower's obligation to pay the sums secured by thi.~ Lender may require that Borrower pay such reinstatement forms, as selected by Lender: (a) cash; (b) money order; (c) For the purpose of protecting Lender's :u}d (d) utkes such action as Lender ma}, :u~d rights under this Security Instrument, lnsu'ument, shall continue unchanged. ':<pcnscs in one or more of die following d~cck, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an i~ :, ,,.: ,.,.hose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds '; :'~. t~pon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall r ~ ]~ll..' effective as if no acceleration had occurred. However, this right to reinstate sh~ll not apply in th ~,I' au'toleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice ul . i,~nnce. The Note or a partial interest in the Note (together with this Security Instrument) can be sold on~: :,,:... runes without prior notice to Borrower. A sale might result in a change in the entity' (known as thc due under the Note and this Security Instrument and peri', under the Note, this Security Instrument, and Applicable La tine Loan Servicer unrelated to a sale of the Note. If there is given written notice of the chmage which will state the address to which payments should be made and any other ,; ~4:~vicer") that collects Periodic Payments ,~1~'~' mortgage loan servicing obligations i~ rc alsu might be one or more changes of : :~: ot the Loan Servicer, Borrower will be ,~,i address of the new Loan Servicer, the ~, ,[t:~ RESPA requires in connection with a i~6(WY) (0005) pa~a 11 el 15 Form 3051 1/01 '-" 0446 notice of transfer of servicing. If the Note Js sold and thereatl than the purchaser of the Note, the mortgage loan servicing' Loan Servicer or be transferred to a successor Loan Servic. unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, o; individual litigant or the member of a class) that arises front tl Instrument or that alleges that the other party has breached Otis Security Instrument, until such Borrower or Lender has n compliance with rile requirements of Section 15) of such ella. reasonable period after the giving of such notice to take corn period which must elapse before certain action can be taken, ~; for purposes of this paragraph. The nodce of acceleration and to Section 22 and the notice of acceleration given to Borro satisfy tile notice and opportunity to take corrective action 21. Hazardous Substances. As used in this Sectio~ substances defined as toxic or h~ardous substances, polluL: followin~ substances: gasoline, kerosene, other flammable o; herbicides, volatile solvents, materials containing asbestos ~ "Environment'rd Law" means federal laws and laws of tile ju~ to health, safety or environmental protection; (c) 'Environs: remedial action, or ren~oval action, as defined in Envh-onme~: means a condition that can cause, contribute to, or otherwise is serviced t~y~ Loan Servicer other ,:~ti~ms to Bozrower will remain with the not ussumed by the Note purchaser !~i~cd to any judicial action (as either an Warty' s actions pursuant to this Security , ~:i~m oF, or any duty owed by reason of, other party (wi~ such notice given in 'and afforded the other p~ty hereto a :~ t~c:~, if Applicable Law provides a dine i~criod will be deemed to be reasonable .[:,tr~itv to cnr~ given to Borrower pursuant ,~r,:[~:mt [o Section 18 sh~l be deemed to thi:¢ Section 20. "Hazardous Substances' ~e those ,.,,;~xtcs by Envffonmen~ Law and ~e i,.qrcdoum products, toxic pesticides and ~:[IdchFcle, and radioactive materi~s; (b) ,.s l~cre the Property is located ~at relate 'lcanttp' inchldes ~y response action, ;md (d) an 'Envkonmenml Condition" 15t~vironmenkfl Cleanup. Borrower shafll not cause or permit gte presence, use, : ; ,~[[: ~tor'age, or release of any Hazardous Substances, or threaten to release any Hazardous Substance: . ,~ ~t the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the PropertI : .:I~:;~ is ir: violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) ;,. i: duc [u the presence, use, or release oF a Haz~dous Substance, creates a condition that adversely affct ,' ,.':flu,~ of the Property. The preceding two sentences shall not apply to the presence, use, or storage eh '.'~:l)crt)' of sm~dl quantifies of Hazardous Substances that are generally recognized to be appropriate h . ..it;t/ residential uses and to maintenance of the Property (including, but not limited to, hazardous substm~. ~,~sumer products). Borrower shall promptly give Lender written notice oF ,;,'. i~vcsti~ation, claim, demand, lawsuit or other action by any governmental or regulatory agency o~ :,:' i:arty involving the Property and any Hazardous Subsumce or Environmental Law of which ~,~.,.cr' has actual knowledge, (b) any Environmental Condition, including but not limited to, any ~:. h'aking, discharge, release or threat of release of any I-t~turdous Substance, and (c) any condition: 'd b) tile presence, use or release of a Hazardous Substm~ce which adversely affects the value of tl~ 'i .'~t.',. II' Borrower learns, or is notified by any governmental or regulator), authority, or any private pzu'L : ¢ :ny removal ox' other remediation of any Hazardous Subsumce affecting tile Property is necessary, Bor~ , i:,fl[ prompdy rake all necessary remedial actions in accordrmce with Environmental Law. Nothing he:~ , ~:d] v~cuto m~y obligation on Lender for an Environmental Cleanup. i:~-6(W Y)(ooo5) Page 12of 15 Form 3051 1/01 ~ON-UN~FO~M COVE~AN?$. ~o~rower m~d Lendc~:, i~,~ c~wcnant and agree as follows: 22. Acceleration; Remedies. Lender shall give notict. ; ,~'~'~er prior to acceleration following Borrower's breach of any covenant or agreement in ~ ;&,:urity Instrument (but nor prior to acceleration under Section 18 unless Applicable Law prt~ ~,~hcr~ise). The notice shall specify: (a) the default; (b) the action required to cure the default; (t ,i:~!t., n(d less than 30 days from the date the notice is given to Burrower, by which the default m,,,~ , cured; and (d) that failure to cure the default on or before the date specified in the noticema~ ~ :~i i~ acceleration of the sums secured by this Security instrument and sale of the Property. The : :;~ ~l~',dl further inform Borrower of the right to reinstate after acceleration and the right to bring default or any other defense of Borrower to accelerati{~, before the date specified in the notice, Lender at its Ol)ti~: all sums secured by this Security Instrument without t'u, sale and any other remedies permitted by Applicable expenses incurred in pursuing the remedies provided in reasonable attorneys' fees and costs of tide evidence. ::'i acti(m to assert tbe non-existence of a i ,,:~Ic. If the default is not cured on or ::~-.. require immediate payment in full of ~ dcm:md and may invoke the power of · ;.cndcr shall be entitled to collect all ~: ct.{i{m 22, including, but not limited to, If Lender invokes the power of sale, Lender shall g: ;,;rice ~f intent to foreclose to Borrower and to the person in possession of the Property, il' di!i ~. i~ :~ccordance with Applicable Law. Lender shall give notice of the sale to Borrower in the ~; ,~.:' pct)vided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold i~ .. ~,~;tuner prescribed by Applicable Law. Lender or its designee may purchase the Property at an.~ . i'hc p~'occeds of the sale shall be applied in the following order: (a) to all expenses of the salt., i lading, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security I~ s~t~'ttl; 1lnd (c) any excess to the person or persons legally entitled to it. 2¸3. Security releasing charging Release. Upon payment of all sums secured by d~i Instrument. Borrower shall pay any recorder/on , dais Security Insl:rument, but only if the fee is pm of the fee is permitted under Applicable Law. ilk li~strUlnent, Lender shall release this I ,_'iider may chage Bo~Tower a fee for :.i~ird I>a~'Ly for services rendered and the 24. Waivers. Borrower releases and waives all rights laws of Wyoming. virtue of the homestead exemption (~-6(WY) (ooos) Page 13 of ~5 Form 3051 1/01 BY SIGNING BELOW, Borrower accepts and agrees t, I,'~s and covenants contained in this Security Instrument and in any Rider executed by Borrower aml .' ~ ,.vith it. Witnesses: LONi i DOBLER -Borrower ~; ' J, DOBLER -Borrowcr (Seal) -Borrower (S eat) (Seal) -Borrower (Seal) -Borrower (Setfl) -Borrower (Sea) Pa~e 14 of 15 Form 3051 1/01 0 ©S618 0449 STATE OF WYOMING, The foregoing instrument was acknowledged before me tl~ by Lonny K. Dobler and Tiffany L. Dobler Teton County ss: day of December, 2004 My Commission Expires: 09/12/07 Notary ~e-6(WY) (0005) Page 15of 15 Form 3051 1/01