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HomeMy WebLinkAbout912393 I ( b f '> ,/;.;, .·I.:~~j·i':!.' .·;';~¡!Ò'i;c:.: ;._,.~ '-.~ .".' ...;..{,.-, '!' . ',:. ?,;j¡:"",.'.:,:-::. ',~.' '...·~·i~...'. :,_~,~". ;";.'::~~-.."f',.t::~_:j.:':' -:'i:;;;~_':,'{·f'1i¥Jc."'1' ;... ","'~ .-,~. _~.. ','." ,:- .\".:i:', "~:;;!.,!i'; .....,,:......::.~:'_::;-;. .f.~~·:',<",~:·'!_...,:' !': '. , '.50931 (04) (j - ,", 0 f'\ 8 6 ' :.' ~ j '~ ...... \.... \). Return To: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 5512- Prepared By: WELLS FARGO BANK, N.A. 1919 DOUGLAS" OMAHA, NE 681010000 [Space Above Tlús Line F;or Recording Data] i " 1'IORTGA.GE RECEIVED 10/3/2005 at 10:50 AM R,'=CEIVING # 912393 800,{: 599 PAGE: 836 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Inst~'ument" means this document, which is dated SEPTEMBER 2 6, 2005 together with all Rid~rs to this document. (B) "Borrower" is HAROLD VAL STEWART AND KA~HLEEN C. STEWART, HUSBAND AND WIFE " ¿¡ (0' Borrower is the mcrtgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N .A. Lender is a NATIONAL ASSOCIATION organized and eXisting under the laws of THE UNITED STATES 0059662262 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 cD -6(WY) (0005) J£ Page ~Of 15 Initials: J VMP MORTGAGE FORMs - ( )~91 ,',',',', ~:;i~~;~~ ".__~; .: ,~\ dll ~J ~I~¡;;;ir·; -.:j . - . .. ::-~~~!~!ìi1~j!:Œ'; >.:.~:: :~í;i!U~j;~.~,.:.:. ~ :¡:t»)::f::~{rVi-.':,;,:; :i.". L:'~';~F';¡:: ". 09ì:~393 ,', 0 .n 8 ',-, ~ï ." u :';> . Lender's address is P.o. BOX 10304, DES MO:t;NES, IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 26, 2005 The Note states that Borrower owes Lender ONE HUNDRED FIVE THOUSAND AND 00/100 Dollars (U. S. $ ** * * 1 O!:i , 000 . 00 ) plus interest. BO'frowtr has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2035 (E) "Property" ~aèans the property that is describ.:d below under the heading "Transfèr of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Securir,y Instrument, plus interest. (G) "Riders" means all Riders tò this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borro\ver [check box as applicable]: D Adjustabie Rate Rider D Balloon Rider D VA Ridèr D Condominium Rider- D Second Home Rider D Planned Unit Development Rider D 1-4 Pamily Rider D Biweekly Payment Rider D Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions, (I) "Community Association Dues, Fees, and Asse&é'ilents" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller lnachine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destmction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1\1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any aillounts under Section 3 of this SeCl~rity Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 c.P .R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. C -6(WY) 10PO';1 <!> Page 2 of 1 5 InilialSW ~¿5. Form 3051 1/01 ,; '"~;S~:!i;i!i!j:!!;'~, . ~ '. . .u~Jo'''.;I'~'.J ~ ¡!.~ ,~.:.. _. . ':. .-',~, ···,"<',kj·· ':. ~" . . ' .:. ,j ~,:': ..: ,; ~:," :~. i;· '1 ".1 ") .ç(~ ";.b <n:: 9 3. ~. J .,::"/'"'-' J ':.~ 008 ,~ 8 (P) "Successor .¡fi Interest of Borrower" means any party that has taken title to the Property, whether or not tllat party has assumed Borrower's obligations under the Note and/or tlns Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security ':r.s[rument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications e' the Note; and (Ü) the perfonnance of Borrower's covenants and agreements under this Security Instf!huent and the Note, For this purpose, 30rrower does hereby mortgage, grant and convey to Lender and LtJder's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 61 STAR VALLEY RANCH PLAT 6, AS P~ATTED AND RECORDED IN THE OFFICIAL RECORDS OF, LINCOLN COUNTY, WYOMING TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 10304, DES MOINES, IA 503060304 Parcel ID Number: 605 VISTA EAST DRIVE THAYNE ("Property Address ") : wInch currently has the address of [Street] [City] , Wyoming 83127 [Zip Code] -¡ TOGETHER WITH all the improvements now or hereafter erected on tlle property, and all easements, appurten.ances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of tlle foregoing is referred to in this Security Instrument as the "Property." BORROWER Co-VENANTS that Borrower is lawfully seised of tlle estate hereby conveyed and has tlle right to mo1tgage, grant and convey the Property' and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants Witll limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payrn~~l1t of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due tlle principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Nqte. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or tllis . Initla~ e@-6(WY)(00051 Page3cf15 ~6. Form 3051 1/01 ~~. ~ . rt... . ¡..¡~~~,~¡' t:¡~'~' : ¡. -: .: :¡J~'.~:n:t.:.;¡:.,..~_ '''·''393 O~;'j,J~' ;:' 008:~ 9 Security Instrmllent is returned to Lender ùnpaid. Lender may require that any or all subsequent payments due under the Nr¡te and this Security Instmment be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instmmentality, or entity; or (d) Electrüruc Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be desIgnated by Lender in accordance with the notice provisions in Section 15. . Lender may return any payment OJ' partial payment if the payment or partial payments are insufficient to bring the Loal}·;current. Lender IilllY accept any payment or partial payment insufficient to bring the Loan current, withúùt waiver of any rights hereunder or p,'ejudice to its rights to refuse such payment or partial payments in tlle future, but Lender is not obligated to apply such payments at tlle time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold 3uch unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied'!dflier, such funds wilI be applied to the outstanding principal balance under the Note inmlediately prior ti: foreclosure. No offset or claim which Borrower might have now or in the future against Lender shalltdieve Borrower from making payments due under tlle Note and this Security Instrument or performing Ú.;; covenants and agreements secured by tl1Ïs Security Instmment. 2. Apph:~äion of Payment.s or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instmment, and then to reducetlle principal balance of the Note. If Lender're:;eives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the paYfi..l~nt lnay be applied to the delinquent payment and the late charge. Ifmore than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to t;le repayment of the Periodic Payments if. and to the extent tllat, each payment can be paid in full. To the extent that any excess exists aft~r the payment is applied to tlle full payment of one or more Periodic Payments, such excess may be applied, to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then <is described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date. or change tlle amount, of the Periodic Payments. 3. Funds' for ~scrow Items. Borrower shall pay to Lender on tlle day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over tl1Ïs Security Instmment as a lien or encumbrance on the Property; (b) leasehold paY1l1~nts or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance pren1Ïul11S, if any, or any SUl11S payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiul11S in accordance with tlle provisions of Section 10. These itel11S are called "Escrow Items," At origination or at any time during the ~ernl of tlle Loan, Lender may require that Commm1Ïty Association Dues, Fees. and Assessments. if any, be escrowed by Borrower, and such dues. fees and assessments shaH be an Escrow It¡:m. Borrower shall promptly furnish to Lender all notices of amounts to be paid under tIiis Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's ob:1gation to pay the Funds for any or all Escrow ltel11S. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In Hie event of such waiver, Borrower shall pay directly, when and where payable. the amounts .. -6(WY) I0005} @ Page 4 of 1 5 InitiaIS:~ K~~ Form 3051 1/01 :i~' · " ...:~e~',''!:;'!·!'.'!;·;. :.'.. - _....,'...fJ:I:t:t:.:u~~!. ',- :_:;'~>r~A:~' -'':';';'''-",3 "'-ô.l< ,......,'o;t.,·'J,";i_l.', . _"'t:,. .':II ·:;·;""'''':'~;f1;''''-l·::;''2-'J.t~,.;. :¡,·-Ù':-'·_",,·',::¡'! ,",.!., . , .. .'. r,"9~ 3 ,,""\q-'<\.c...:b u '-"' ~ \.~ 00840 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant ~rid agreement contained in this Security Tcstrument, as the phrase "covenant and agreement" is used in Section 9 If Borrowe,r is obligated to pay -~scrow Items directly, pursuant to a waiver, and Borrower fails to pãy the amount due for an Escrow h:m, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender IDa}! revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the "mOlmt of Funds due on the basis of current data and reasonable estimates Jf expenditures of future Escrow Hems or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whosf: deposits are insured by a federal agency, instrumentality; or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal HOlh' Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, al111ually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or e",rnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an al111ual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 montllly payments. If tllere is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower "hall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no EIDre than 12 fnonthly payments. Upon paym~nt in full of all sums secured by this 3ecurity Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. I 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents O1Ùhe Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the malliler provided in Section 3, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mal111er acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal 'Proceedings which in Lender's opinion operate to prevent tlle enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Secm-ity Instrument, If Lender deterni¡nes that any part of the Property is subject to a lien which can attain priòrity over this Security Instrument, Lender may give Borrower a notice identifying the ce -6(WY) 10005) @ Pogo 5 of 15 Initial~ 1ìð Form 3051 1/01 m~s·~ '-'~:: , .:.,'! ~I:' ~~: .1."' ,I,.."..,~ 'j'. ..., ~ ',:., -::'~,; .;;.:::..·;··..;,-I,·..,,.,',:·"'1.'..\- : . "'..r.: . :-,';.1', '.' . " OS'lL~:~393 L' ,'on841 , "J ..a. lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-tiqe charge for a real estate tax verification and/or reporting service used by Lender in connection with tillS Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property im'ured against loss by fire, hazards iucluded within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bòrrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in comlection with this loan, either: (a) a one-time charge for flood zone determination, c'~liification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably mi,ght affect such determination or certification, Borrower shall also be responsible for the payment of ani tees imposed by the Federal Emergency Management Agency in connection with the review of any !lood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender lnay obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borr;Jwer, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liabiJity and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any aJ110unts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and rellewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a st:· adard mortgage clause, and shall name Lender as mortgagee and/oJ as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promp'Jy give to Lender all receipts of paid premiums and renewal notice~. If Borrower obtains any form of imltrance coverage, not otherwise required by Lender, for damage tÒ, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lerder as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt :cotice to the insurance carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had aa opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may disburse proceeds for the repairs and restoration,in a single payment or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with G -6(WY) (00051 ® InitiaIS:~ Page 6 of 15 -KŒ. Form 3051 1/01 .1 I I I .¡';"";;:.;i7¡;I;.;, ", ';~.!..!¡<.i!i.~~~~ ---:.__ ". ... '··'·J"·93 ··'JIV'·1 ..' ..... tj ,I., _.." ~::.:;.I I ". '-"'~ ~00842 the excess, if ar.y, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the 'pl'operty, Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lelider may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either. event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns t~ Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unp,:j under the Note or this Security Instrument, and (b) any other Òf Borrower's rights (other than the ri>lt to any refund of unearned premiums paid by Borrower) undt;r all insurance policies covering the Pi .perty, insofar as such rights are applicable to the coverage of the ?roperty. L;nder may use the insurance proceeds either to repair or restore the Property or to pay amount[:~'apÚd under the Note or this Security Instrument, whether or not then due. 6. OccuF.acy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this SeCl1l1ty Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's contrcJ. 7. PreservatIon, Maintenance and Protection fI,' the Property; Inspections. Borrower shall not destroy, damage iJr impair thç Property, allow the'Jroperty to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the. Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufticient to repair or restore lie Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or res10ration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable caus~, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Applkation. Borrower shall be' in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading; or inaccurate information or statements to Lender (or failed to .provide Lender with material information) in connection with the Loan. Material representations bclude, but are not limited to, representations concerning Borrower's occupancy of the Property as Boåower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in tlle Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, tllen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interes. in the Property and rights under this Security Instrument; induding protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are no' '¡mited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (~) appearing in court; and (c) paying reasonable G ·6(WY) (ooo"). @ Page 7 of 15 Initial~ k'cs, Form 3051 1/01 ~~ill¡ilijl.~ I'·:.' ~¡¡¡~~;k: .:~"] m:_!i;,.:i ;;~~,j¡l~~m~ ,- >:..(;:.:' .""'~':' ,', :'~·~:-:;:;li~;};<r<;;:¡¡¡:!f.~:~~'!~· '.':t~:'-~ ~i'1;~:s:t¥~"1?::"f~6:_:_~?,t:'~>..¡~::-':: -,0;., :"/-/-"{:"'-'t':'G'-":: ''.''::;..,;;' -~'li5£.\: ":-,-':,,~.'. "- '_4~.J"f~~ï;.\ö¡¿!iiiM·~:'~~~·::.,""1:~~l';ls~~I,ik';'Jjf.··":{·.',:·;_J';-"'~' :.(·,·;<~:',£!~,;~:~::,~,'t!~~1:.:;:'¡ .,:_~" ,/,::. I.:';~ ''';''~: ': !)G~,..''1 ';·,'''''-,¡¡.O'''} q. '_,' ~~ ",:_, ~ J'-A ~00843 attorneys' feeÙo protect its intt:rest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. S~curing the Property includes, but is not limited to, entering thè P-,operty to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty' or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this ~~;;tíon 9 shall become additional debt of Borrower secured by this' Security Instrument. These amounts'~,all bear interest at the Note rate from the date of disbursement and shall be payable, with such interef( upon notice from Lender to Borrower requesting payment. ' If this SeçurLy Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borr3'/er acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agreef. to the merger in writing. ' 10. Mortgage Insurance. If Lender required Mottgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceaSeS to be available from the mortgage insurer that previously provided such insurance 'and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Bm-nwer shall pay the premiums required to obtain coverage substaJ.:~ially equivalent to the Mortgage h¡"urance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, no;twithstanding the fact that the wan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or eamings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires seþarately designated payments toward the premiullls for Mortgage Insurance. If Lender required Mortgage Insurance as a cRndition of Inaking the Loan and Borrower was required to make separately designated payments towarµ' the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to plOvièe a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordlillce with any written agreement between Borrower and Lender providing for such termination or until tenllination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases tlle Note) for certain losses it may incur if Borrower does not repay the Loan as :lgreed. Borrower is not· a party to the Mortgage Insurance. Mortgage ;,nsurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms ~nd conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance preruums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer. any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage Í11Lurer's risk, or redncing losses. If such agreement provides that an affiliate of Lender takes a share of ,he insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often \:rmed "captive reinsurance." Further: (a) Any such agreements will not affect th" amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower wm owe for Mortgage Insurance, and they will not entitle Borrower to any refund. . G -6(WY) 10006) Œ> Initials: WV> 1(6. Form 3051 1/01 Pago 8 of 15 ... ·.' .., \ 'I~~.~I· ,',:.':1',", ':';. .~.:¿;-~ . -. .' .I,~,. .!' ~00844 , ~'.-:', '., ." JJ¡ ~':;¡ Ü,::='-c' "dJU (b) Any sucli agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insuram:~ under the Homeowners Prot~<tion Act of 1998 or any other law. These rights may include the right to receive certain disclosl.!Í"es, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignm~nt of Miscellaneous Proceeds; Forfeiture. All Miscellaneolts Proceeds are hereby assigned to and s':1all be paid to Lender. If the Property is damaged, such Miscellaneous Proœeds shall be applied to restoration or repair of the Property, it !.k: restoration or repair is econoJrically feasible and Lender's security is not lessened. During such repair and restoration ,period, Lender shall have the right to hold slich Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaçtion, provided that such inspection shaH be undertaken promptly, Lender may pay for the repairs and restoration in a single disbursement or ir. a series of progress payments as tlle work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous PI,)ceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Froceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the, Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paic: to Borrower. Such Miscellaneous Proceeds shall be applied in the o:der provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial t{king, destruction, or loss in value is equal to or greater than the alllount of the sums secured by this Security Instrument immediately before the partial taking, destructic'll, òr loss in value, unless Borrower Rlld Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced- 'by the amount of the Miscellaneous Proceeds multiplied by thG following fraction: (a) the total amount of the sums secured immediately before the partial taking, dr=struction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction. or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the :\1iscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If tlle Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apTily the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by ,this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower'Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crilninal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a rulmg that, in Lender's judgment. precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for darllages that are attributable to the impairment of Lender's interest in the Property are hereby assigTled and shall be paid to Lender. All Miscellan60us Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, ~ -6tWY) (OOOti) ~@ I Page 9 of 1 5 InitialS~ K~. Form 3051 1/01 ili¡m¡¡~~¡,,:_ .J '·~'.';~,:,:~~-aplm' ~~:~';,~;¡~æ;:W'è:.'L!:l".Lc!\'J';:'·C::;:;I~,::!l!::ñi.a,'¡°T;;:<"~~d~;:~·.· j.~.-:" ,,~-,-,:...~.:.;>;;,·;:;(,.,·c :":''-.:-:",:!,'" .':...t~~;'f".J! ¡.!.9S~,,!'.il '1.')r¡::~1 "., ~" ,Q"-} \~.... '-__' ~,t -'.U V JÙ ...,.: ,}.;:.....""!..:;:,;,.:5;i:¡~~~·,~~_ .~..',',."..~:'~'l:"~:..,'-:: . .' >.'-':. .', ~¡',~I·,.,.~,,:_..-;:,J.'" ,." ~00845 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shan not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse tp extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Succe2sors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, '.vithout limitation, Lender's acceptmce of payments from third persons, entities or Successors in Inte:rest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liabil,ity; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Boirower's obligations and liability shall b~ joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the temlS of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Dorrower can agree to extend, modify; forbear or lnakeany accòmmodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing. and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Secµrity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charg(: Borrower fees for services performed in comlection with Borrower's default, for the purpose of protecting Lem}.;r's interest in the Property and rights under tIús Security Instrument, including, but not limited to, attn, 'neys' fees, property inspection and valuation fees, In regard to any other fees, tile absence of express auth,·Úty in tI1Ís Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition :1 the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instr..,ment or by Applicable Law. If tile Loan. is subject tv a law which sets maximum loan charges, and that law is finally interpreted so tIlat tile interes",pr other loan charges collected or to be collected in connection with tile Loan exceed tile permitted limits, then: (a) any such loan charge' shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pem:ritted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under tile Note or by making a direct paym~nt to Borrower. If a refund reduces principal, tile reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of "illY right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection WitII tI1Ís Security Instrument must be in writing. .Any notice to Borrower in cOlmection with tIlÎs Security Instrument shall be deemed to have been given to Borrower when lnailed by first class mail or when actually delivered to Borrower's notice address if sent by otIler means, Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If LOlder specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time, Any notice to Lender shall be given by delivering it OF by ¡nailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in cOlmection WitII this Security Instrument shall not be deemed to have been given to Lender until actually received by Le¡lder. If any notice required by this Security Instrument is also required under Applicable Law, tile Applicable Law require;ment will satisfy tile corresponding requirement under tI1Ïs Security Ins trument. G -6(WY) (0006) , Œ> P'oge 10 otl6 InitialS~ -I<ts Form 3051 1/01 ¡ " .:.;"'õ.!'!.:.:i!;'c;õ":'¡'· . -_"'J~..t.' ~':.''':'':,:,'~ . ,·~·_.,·..t:;.~~:.,_·,· ("¡ ò :.:,...) "'\),.~ l :¡((Y '. ,j,...JjIUI 'JJ'--!~\'" . "n0846 ,v\) .. 16, Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdictirl in which the Property is located. All rights and obligations contained in this Security Instrument al~, subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or L)licitly allow the parties to agree by contract or it might be silent; hut such silence shall not be construe :IS a prohibition against agreement by contract. In the event that any provision or chiuse of this Securi+: Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect wi':; ou~ the conflicting provision. As used ':'11 tIns Security Instrume.llt: (a) words of the masculine gender shall mean and include corresponding Ùeuter words or words of tIle feminine gender; (b) words in tIle singular shall mean and include tIle plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrowe;¡-'s Copy. Borrower shall be given one copy of tIle Note and of this Security Instrument 18. Transfer of the Property or a Beneficial I¡}terest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or benefici~. interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for t\;ed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer c/ title by Borrower at a future date to a purchaser. If all or any P:íft of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Barrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by, this Security Instrument However, this option shall not be ex'~rcised by Lender if such exercise is prolnbited by Applicable Law. If Lender exercises tIns option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 witIlÍn which Borrov.'eï must pay all sums secured by tIns Security Instrument If Borrower fails to pay these sums prior to the expiration of tIlÍs period, U.lder may invoke any remedies pernntted by this Security Instrument WitIlOut further notice or demand on Borrower. 19. Borrb~er's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall. hay~ tIle right to have enforcement of this Security Instrument discontinued at any time prior to tlle earliest of: (a) five days before sale of tb.e Property pursuant to any power of sale contained in tIlÍs Security Instrument; (b) such otIler period as Applicable Law might specify for tlle termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: (a) pays Lender all sums which tIlen would be due under this Security Instrument and the Note as if no acceleratIon had occurted; (b) cures any default of any other covenants or agreements; (c) pays all expenses -incurred in enforcing this Security Instrument, including, but not limited to. reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in tIle Property and rights under tIlÍs Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in tIle Property and rights under this Security Ins truµIent , and Borrower's obligation to pay tIle sums secured by this Security Instrument, shélll continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of tIle following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, t¡ank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal ¡¡gency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, tIlÍs Security Instrument and obligations secured hereby shall remain fully, effective as if no acceleration had (,ccurred. However, tIlÍs right to reinstate shall not apply in the ca~;t of acceleration under Section 18. 20. Sale ol'.Note; Change of Loan Servicer; Nc ~"ce of Grievance. The Note or a partial interest in tIle Note (together WitII this Security Instrument) can be sold one or more times witIlOut prior notice to Borrower. A ~ale .{night result in a change in tIle entity (known as the "Loan Servicer") that collects Periodic Payni-.:Jlts due under the Note and tIlÍs Security Instrument and perfofIns otller mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of tIle Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the chànge which will state tIle name and address of tIle new Loan Servicer, tIle address to which payments should be made and any other information RESPA C -6(WY) (0005) @ Initial~ ¡¿~~ Form 3051 1/01 Page 11 0 I 1 5 I ~ mr'~·~·" :¡If¡¡:!;f~:':;:'1'',~~ , ";J.::.fi:.~";.'~"Jè'.·_ -;" . ,,,. -;'!.,W·.i'·"''-':~· :';,·'<'-Z.~_,....~',>J;.__;''~~':i·_·¡'~- :,:~:,- ::..T .. , 'r~93 " .'J ,.:I)~<:~·'~"J' ,~,:-_:~' 00847 requires in cOIlllection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise provi(l~d by the Note purchaser. Neither Borrower nor Lender may commence, j;:¡\ll, or be joined to any judicial action (as either an individual litiga~t or the member of a class) that ases from the other party's actions pursuant to tins Security Instm,nent or that alleges that the other party has breached any provision of. or any duty owed by reason of, tI1Í~¡. ~;ecurity Instrument, until such Borrower or Lender has notified tile other party (with such notice given in compliance with tile requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after tile giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to C'lre given to Borrower pursuant to ,':~ection 22 and the notice of acceleration given to Borrower pursuaüt to Section 18 shall be deemed to :¡atisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardcus Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviro11ll1ental Law and the following substances: gasoline, kerosene, other flamma.ble or toxic petroleum products, toxic pesticides and herbicides, voiatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviro11ll1ental Law" means federal laws and la,\ls of the jurisdiction where the Property is located that relate to health, safety or enviro11ll1ental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as detinect,in Enviro11ll1ental Law; and (d) an "Enviro11ll1ental Condition" means a condition that can cause, c'ontrilmte to, or otherwise trigger an Enviro11ll1ental Cleanup. Borrowei" .'~hallnot cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, ori threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) tIlat is in violation of any Enviro11ll1ental Law, (b) which creates an Enviro11ll1ental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition tIlat adversely affects the value of the Property. The preceding two sentences ,,;hall not apply to the presence, use,' or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to. hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any gover11ll1ental or regulatory agency or private party involving the Property and any Hazardous Substance or EnvirolUnental Law of which Borrower has actual knowledge, (b) any Enviro11ll1ental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any cOldition caused by the presence, use or release of a Hazardous Substance which adversely affects the val12c of the Property, If Borrower learns, or is notified by any governmental or regulatory authority, or any :':civate party, that any removal or other remediation of any Hazardous Substance affecting the Property is :c¡ecessary, Borrower shall promptly take all necessary remedial actions i~ accordance with Enviro11ll1ental Law. Nothing herein shall create any obligation on Lender for anSnviro11ll1ental Cleanup. G -6lvilY) 10005} @ Initia,:]:il3 f<Ö. Form 3051 1/01 Page 1;' of 1 5 i . -. - " ".'-~-V'.o.""J ,'",-.,",-,,' oo..'._,,",-..c::..>,. ,",' .'~~':".::' '_;'lj;'~~~~' '.~ . . ;~"., ~ ~-':.r::>'r"'~~;.œ:"..IH:"',"'_~;:f':':':;~~;{~"'~~"':::">' :;'::. "'..;~:.?~' '¡,.. .00848 ,]::~!_:"~:1 ~ð1-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleratio~l; Remedies. Lender shall give nofce to Borrower prior to acceleration following Borrower's breaC::l of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (C) a date, not less than 30 days from the date the notice is give'J to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to britlg a court action to assert the non-existence of a default or any other defense of norrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secure¿ by this Security Instrument without further demand and may invoke the power of sale and any o':~ler remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the I"emedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. . If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in tht manner provided in Section 15. Lender shall publish the notke of sale, and the Property shall be'Jld in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or pel'sons legally entitled to it. 23. Release. Upon payment of all sums secured by this. Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recòrdation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a .third party for services rendered and the charging of the fee is permitted under Applicable Law. ' 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. : " G -6(WY) (0005) ® InitiaIS:~ ¡<ð. Form 3051 1/01 Page 1 3 of 1 5 ;1~-:'~9;n:':¡;;;"'-' '1\([,<'\ <,e'·..iQ4'J \~..J -.;/ ~...¡ ·:t~, ~\ J\..I ~' "-, -~" ::::;:i:,~~;;:': :~': ~:,] '.';~i·.';~i·Ó'.·, L ',' ,-' " ,~, ~T';~¡¡mm~l~ ·;;:\-.'i'··· ,'00849 BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower C-6(WY) (0005) @ Y~-dct2s HÀROLD VAL STEWART -Borrower ~< ),,¡J- (Seal) KA LEEN C. WART . -Borrower Page 14 of 16 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Form 3051 1/01 ( i J I j .1 :: :;~ ':;0;1; ¡;': I;, . ~ ,""'" ,';. ".¡03 \_~~. I UIJ - ~-_. 'u ·:.r~~~: :(:I:'; :':'>_< STATE OF WYOMING, ¡;'¡llCôLN ----r- ~.- The foregoiIlg instrument was a~dged befon: me this by HAROLD VAL STEWART AND KATHLEEN c. .::TEWART My Commission Expires: q-J'd---e51 G -6G(WY) I0005} @ -·-,2.J,,:':'~,-" ' -.;',',:':,.":', ..>.-, County 5S: Cf, 'ðlø-ó5; NO"~~ [LAURIE cae· NOTARY PUBLIC County of ~ State .of Teton ~ WyomIng , My CommIssion Expires 9/12/2007 ~i Page 15 of 1'~ 'I ,.,'''~ Form 3051 1/01 . """:~';'j'~ i.'~ ';: ....;'.~ ," .-.r c·. ",:. . ,,' ;'~.. '.:, .' 00850