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Home My WebLink About912483 50875 (04) !61 t" l' \ 7_cu ,>~ ';;/:'¡':!¡':;~jg/,j; "'~~':'~:¡'_~ ,_._, ";',~i;;;'~,~ r:on076 ..... \j i... j1 Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W. WALNUT HILL LN. #200 MC 6712 IRVING, TX 75038 Prepared By: FIRST HORIZON HOME LOAN CORPORATION 1315 SOUTH HIGHWAY 89, SUITE 101 JACKSON, WY 83001 [Space Above Tlús Line For Recording Data] 0055359640 MORTGAGE MIN 100085200553596406 RECEIVED 10/4/2005 at 2:22 PM RECEIVING # 912483 BOOK: 600 PAGE: 276 ,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 Instrument" means this document, which is dated September 27th, 2005 together with all Riders to this document. (B) "Borrower" is ANNE WHITEHURS'r , An Unmarried Woman Borrower is the mortgagor under this Security Instrument. ' (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING-Single Family- Famùe Mae/Fre¡ldie Mac UNIFORM INSTRUMENT WITHMERS Fonn 3051 1/01 o -6A(WY) (0005) ~ ® Page 1 of 15 Jnitials: VMP MORTGAGE FORMS - (800)521-7291 - 11111111111111111111111111111111111 ~~;:mJ¡m:: i;:;:~ :~: j ¡¡¡;;;'~'¿':':::'~;'\l . \'¥."~!¡~¡: ·1 ':Ie" [) 0 'f "")3 f!1 Q 3 J~'~~l.:) 1Iiiim . ~:;; I:,; ~¡ ":':" .-,-".-'.'--'--".......,-...,.. C00277 (D) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE O:E' KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated September 27th, 2005 The Note states that Borrower owes Lender ONE HUNDRED SIXTY ONE THOUSAND TWO HUNDl~ED FIFTY & 00/100 Dollars CD. S. $ 161 , 250 . 00 ) plus interest. Borrower has promised to pay tl1is debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2035 (F) "Property" means the property that is described belOw under tlle heading "Transfer of Rights in the Property, " (G) "Loan" means the'debt evidenced by the Note, plus ir~terest, any prepayment charges and late charges due under the Note, and all sums due under this Security Il1stmment, plus interest. (If) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider W 1-4 Family Rider D Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tenninal, 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 linúted to, point-of-sale transfers, automated teller macl1ine transactions, transfers iJitiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means 2JlY compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under tlle coverages described in Section 5) for: (i) damage to, or destruction of, tlle Property; (ii) condemnatioh 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 andlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled ar~lount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procec1ures Act (12 U,S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation tha: governs the same subject matter. As used in tllis 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 RESP A. 0055359640 cD -6A(WY) (0005) @ ~~,~ Fonn 3051 1/01 Page 2 of 15 '.',,~,.,""'J' . OS¡,¿2:~83 C:00278 (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHT$ IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfoffi1ance of Borrower's covenants and agreements under this Security Instrument and tl1e Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to tl1e successors and assigns of MERS, with power of sale, the following described property located in the County of L:!..ncoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 27 of the Greys River Village Second Addition to the Town of Alpine, Lincoln County, Wyoming, according to that plat filed July 22, 1994 in the Office of the County Clerk as Instrument No. 787017. Parcel ID Number: County: 37182940030200 City: 368 WOODEN SPUR DRIVE ALPINEWY ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83128 [Zip Code] TOGETHER WITH all the improvements now or he:eafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security l11Strument. All of the foregoing is referred to in this Security Instrument as the "Property. " Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply witl1 law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfull}' seised of the estate hereby conveyed and has the right to mortgage; 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 unifonn covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 0055359640 G -6A(WY) (0005) @ ~~.M- Page 3 of 15 Fonn 3051 1/01 ::~;;:!:~¡::::;::¡~>..¡, ~!e"'I'I""t"';" )~r~j ~LI.Ü:U.'~'.' '-~': :jf~i~tr~ .1' ¡'~ ~. ~~~m~ffi¡!~¡m~r' , -..:-'j'.'~."';;". o'r -\ """ "\) 83 ,i)."-(f~ ¡£/o...;:: u"-"~ ::.~: 00279 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or tlns Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and 'chis Security Instrument be made in Gne or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution wh')se deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at tlle location designated in the Note or at such otller location as may be designated by Lender in accordance Wit1l the notice provisions in Section l5. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, Wit1lOut waiver of any rights hereunder or prejudice 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, tllen Lender need not pay interest on unapplied funds. Lender may hold such 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 eitller apply such funds or return them to Borrower. If not applied earlier, such funds wilJ be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in tlle future against Lender shall relieve Borrower from making payments due under tlle Note and this Security Instrument or performing tlle covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in tlns 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) anlOunts dUè 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 Instrument, and then to reduce tlle principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more tllan one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of tlle Periodic Payments if, and to the extent that, each payment can be paid in full. To tlle extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend 0; postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow 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 this Security Instrument as a lien or encumbrance on tlle Property; (b) leasehold payments or ground rents on the Property, if any; (c) prennums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance witll the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay tlle Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be ill writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for winch payment of G -6A(WY) (0005) @ Page 4 of 15 -~ Fonn 3051 1/01 / / ·'--~'.·i·.:·,!'·_ "..:..,¡.,.,.,.:,.,...,~"._.", "",'.:.~'.:", ...."..=._.,..-'-'.',_. --.--_.-.--- o. <C "",... ~:;·l'it~it':j ;::¡~~f~yy ;,~. 0 028 0 Funds has been waived by Lender and, i[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 f()r all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver.. and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then reqhired under tillS Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at tile time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funqs due on the basis of current data and reasonable estimates of expenditures of future Escrow Items ¡)r otherwise in accordance Witil Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, WitllOut charge, an annual accounting of tile Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for tile excess funds in accordance with RESP A. 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 witll RESPA, but in no more tilan 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender tlle amount necessary to make up the deficiency in accordance with RESPA, but in no more tilan 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to tlle Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so lonr; as Borrower is perfonning 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 the 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 satisf<lctory to Lender subordinating the lien to this Security Instrument. If Lender detennines tilat any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 G -6A(WY) (0005) ® Page 5 of 15 -.il Fonll 3051 1/01 ~::::~1i:::¡¡¡:¡':8J ..j';.,t¡.,..¡...."¡~"~iîi:..' \t.~M.I.I...~...',_'j;¡I~:tttl " {~~mill1~~i?r '.;··;""L'.;";' ..\ ""êjk. 83 ., ,c'"". F' , \.1 \I. .....,', ",". J '"-' ~ ,.~00281 days of the date on wh~ch that notice is given, Borrower sh~ùl 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-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but riot limited to, earthquakes and floods, for which Lender requires insuranoe. This insurance shall be maintained in tile amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during tile term of tlle Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not 1::; exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) ':l one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone detennination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by tile Federal Emergency Management Agency in connection Witll the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lé;nder 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 Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage tllan was previously in effect. Borrower acknowledges tllat the cost of the insurance coverage so obtained might significantly exceed tile cost of insurance tilat Borrower could have obtained. Any amounts 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 renewals of such policies shall be subject to Lender's right to disapprove such ,policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shal1 have tile right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otilerwise required by Lender, for damage to, or destruction of, the Property, such policy s!ull include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not tile underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if tile restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have tile right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure tile 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 proceeds, Lender shaH not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or otilcr third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole oblig2tion 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 .. -6A(WY) (0005) ® Page 6 of 15 ~mW Fonn 3051 1/01 \ 7~¡!Jl.i~:!¡:if;_':, . r_r. ...ï\. r~18').-r·~ .:\" 1';; >' L',¡" ....) U ::. ¿r-LJ L. L00282 the sums secured by this Security Instrument, whether or net then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available 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 Lender 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 to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts Uilpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (otller than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of tlle Property. Lender may use the insurance procreds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instmment, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy tlle 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 control, 7. Preservation, ,Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow tlle Property 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 tllat 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 danlage 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 sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect thè 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 Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting attlle 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 include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lènder's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perforrn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under tiús Security Instrument, including pro',ecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien wlúch ¡illS priori'y OV,' this Security Ins,rument; (b) .ppearing in :~; and (c) paying reasonable G -6A(WY) (0005) Page 7 of 15 Fonn 3051 1/01 Œ> ~:i¡:¡:¡:;:;:::::;~'~_8(: ~ . . , .','. .'.'..,.} 'i1!:J ,¿. .'.c!.'.!.f.':..~<·:· :::,'.'J~~~;~ . ~~~~iŒI~(.' '.-" "",,-.. ;;":,~,:,,,':-'<'-~'~"-": '·:":~'¡~<.i-· ." of·'.' M 83 :à-c{... .'" -u',. . ~~ .::J ¡..:..}-.w 1,1" C00283 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other cqde violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under tllis 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 tllis Section 9 shall become additional debt of Borrower secured by tllis Security Instrument. These amounts shall bear interest at tlle Note rate from tlle date of disbursement and shall b~ payable, Witll such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply witll all tlle provisions of the lease. If Borrower acquires fee title to the Property, the leasehold· and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain Ùle Mortgage Insurance in effect. If, for any reason, the Mortgage Insurancè coverage required by Lender ceases to be available from the mortgage insurer that previously provided s1.:ch insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to tlle cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage 1I1Sl'TanCe 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 tllese payments as a non-refundable loss reserve in lieu of Mortgage lIlSurance. Such loss reserve shall be non-refundable, notwitllstanding tlle fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. J.,ender can no longer require loss resl~rve 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 separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage IIlSurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Notlling in this Section 10 affects Borrower's obligation. to pay interest at tlle rate provided in tlle Note. Mortgage IIlSurance reimburses Lender (or any entity tllat purchases the Note) for certain losses it may incur if Borrower does ilOt repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage illSurers 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 and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to tllese agreements. These agreements may require tlle mortgage insurer to make payments using any source of funds that tlle mortgage insurer may have available (which may include funds obtained from Mortgage l1lSurance premiums). As a result of tllese agreements, Lender, any purchaser of tlle Note, another insurer, any reillSurer, 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 l1lsurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducie.g losses. If such agreement provides tllat an affiliate of Lender takes a share of the insurer's risk in exchange for a share of tlle premiums paid to tlle insurer, the arrangement is often tenned "captive reinsuranct." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. S ]('h agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. G -6A(WY) (0005) ® Page 8 of 15 W,".~ Fonn 3051 1/01 ,...0:.,.......;...,'.., - - ,", ß', Ir ¡ "1· ,;-~..:c,.;\ ~. L_C':hll V ..J ~l-':':'.I -z:¡ " 1)84 ·~·OO(.~ (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated ,automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is' damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing' or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the Sun1S secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by d1is 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 taking, destruction, or loss in value is equal to or greater tl1an the amount of the sums secured by this Security Instrument inunediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of, the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately bèfore 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 an10unt of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender ¡)therwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply tl1e 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 tl1e party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Bcrrower can cure such a default and, if acceleration has occurred, reinstate as provided in SectiQn 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. cG -6A(WY) (0005) @ Page .9 of 15 -AJ Fonn 3051 1/01 ~ill[im1¡::~:~:', \~~.r,S;2;483 '- 00285 12. BOlTower Not Released; Forbearance By Lenrier Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conunence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrunlent by reason of any demand made by the original Borrower or any Successors in Interest. of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of paym~nts from third persons, entities or Successors in Interest of Borrower or)n 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 Liability; Co-signers; Succe~sors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bt. 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 OIÙY to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this Security Instrument; (b) if: not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agrë:e to extend, modify, forbear or make any acconnnodations with regard to the tenns of tIùs Security Instrument or the Note without the co-signer's consent. Subject to tile provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under tillS Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under tillS Security Instrument. Borrower shall not be released from Borrower's obligations and liability under tillS Security Instrument uIÙess Lender agrees to such release in writing. The covenants and agreements of tIlis Security Instrument shall bind (except as provided in Section 20) and benefit tile successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in cOlmection with Borrower's default, for the purpose of protecting Lender's interest in tile Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any otIler fees, the absence of express authority in tlllS Security Instrument to charge a specific fee to Borrower shall not be. construed as a prohibition on tIle'cbarging of such fee. Lender may not charge fees tIlat are expressly prohibited by tillS Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so tllat tile interest or other loan charges collected or to be collected in connection witll the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tile charge to tlle pernlitted limit; aµd (b) any sums already collected from Borrower wllich exceeded pennitted limits will be refunded to Borrower. Lender may choose to make tlùs refund by reducing tile principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in cOr1nection with tllis Security Instrument must be in writing. Any notice to Borrower in connection with tIlis Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address uIÙess Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, tIlen Borrower shall OIÙY report a change of address through tIlat specified procedure. There may be OIÙY one designated notice address under tllis Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class nlail to Lender's address stated herein uIÙess Lender has designated anotller address by notice to Borrower. Any notice in connection with tllis Security Instrument shall not be deemed to have been given to Lender until actualJy received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tile corresponding requirement under this Security Instrurnerit. G -6A(WY) (0005) @ Page 10 of 15 w,·,w Fonll 3051 1/01 ~-' 00286 ,;àC-'i\ ..r;.,. l'ì Q3 UJ~kl~·ì1\.J 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law ùf the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or tlle Note conflicts with Applicable Law, such conflict shall not affect other provisions of tllis Security Instrument or the Note which can be given effect without tile conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vic!~ versa; and (c) tile word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of tile Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in tllis Section 18, "Interest in the ProperîY" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, tlle intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in tile Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, tllis option shaH not be exercised by Lender if such exercise is prollibited by Applicable Law. If Lender exercise~. tllis option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from tile date tte notice is given in accordance with Section l5 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of tins period, Lender may invoke any remedies pennitted by tllis Security Instrument witllout furt1Ier notice or demand on Borrower. 19. Borrower's - Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have tile right to have enforcement of this Security Instrument discontinued at any time prior to tlle earliest of: (a) five days before sale of the Prope~y pursuant to any power of sale contained in tins Security Instrument; (b) such other period as Applicable Law nnght specify for the temlination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are tllat Borrower: (a) pays Lender all sums which then would be due under tllis Security Instrument and tile Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this sècurity Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for tile purpose of protecting Lender's interest in the Property and rights under this Security Instnunent; and (d) takes such action as Lender may reasonably require to assure tllat Lender's interest in the Property and rights under tllis Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sÚms and expenses in one or more of tlle following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or caslner's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tins right to reinstate shall not apply in tile case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Noticeùf Grievance. The Note or a partial interest in tile Note (togetller with tllis Security Instrument) can be sold one or more times WitlIout prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, tins Security Instrument, and Applicable Law. There also might be one or more changes of tlle Loan Servicer unrelated to a sale of tile Note. If there is a change of tile Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, tile address to which paym~nts should be m::>de and any otller information RESPA requires in connection Witll a G -6A(WY) (0005) ® Page 11 of 15 '.'~Jf Fonn 3051 1/01 P~*:::::~:::::::::¡.:"!' ~J¡i,'~~.i'·I '.'" 1~4~ -'~ :J.:u.i:ú.:.ò--'';''~''''~1!~'::j; , : ~ ~~ ~~¡¡¡~;~mi~i.;¡~:: .' .. i·:~'::i~":';~~. ..': h·"~";j,:.~-:;,,,·:<;·:>,:· . . ., ;,:;,':¡' .~.',: '. ..; ,!..:.' i~ ¡; ;.- ;")<..,'1: 0/.. (~J>;) "li \'...J "-..)' ~¡'""-.J L. \..J""" , 00287 notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Service I' otller than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neit1ler Borrower nor Lender may commence, join, or be joined to any judicial action (as eit1ler an individual litigant or the member of a class) that arises from ùle other party's action,s pursuant to this Security Instrument or that alleges that the otller party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving 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. TIle notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and tt,e notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy tlle notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in tins Section 21: (a) "Hazardous Substances" are tIlose substances defined as toxic or hazardous substances, pollutmts, or wastes by Environmental Law and tile following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of tlle jurisdiction where the Property is located tIlat relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or rèrnòval action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in tile Property. Borrower shall not do, nor allow anyone else to do, anytInng affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) wInch, due to the presence, use, or release of a Hazardous Substance, creates a condition tIlat adversely affects tile value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on tile Property of small quantities of Hazardous Substances tllat are generally recognized to be appropriate to nonnal 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 otller action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of wlnch Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by tile presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory autIlority, or any private party, tIlat any removal or other remediation of any Hazardous Substance affecting tile Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance witIl Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. .. -6A(WY) (0005) @ Page 12 of 15 ~~yJ Fonll 3051 1/01 ";.:.;1:,:;';;' '~:L'('~!:'.~.'. I... Ii) Co¡"! "-0 ('\83 " . 'J, ,~, '"'1l: '"",-,~ " oor>S8 ¡;.~ " t.~ NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date 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 bring a court action to assert the non-existence of a default or any other defense of Borrower 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 secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lendel' shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be so:d in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The pl"Oceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release tillS Security Instrument. Bmrower shall pay any recordation 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. .. -6A(WY) (0005) @ Page 13 of 15 ~W~ FornI 3051 1/01 'ii:¡;¡:¡:¡::i::m;¡~~'~ ~i!~!~~~:~,~~"tl~~W,'" ];,il ~ffimm;mmrr .- , . -.1 ,,> Ii 'iC;-¡or.{ '1')((" .. "-ii::Ou; V'0~¡"~J ...·00289 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in tins Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0055359640 0-6A(WY) (0005) ® Page 14 of IS Fonn 3051 1/01 · :·.i':;F¿~ël'~~':·j" :fi'~ c.:. -:c. jt~::,~,,·~~,~I;,~":~.;:!~,,"",:'_'~~-'.c-;.,:~ ". "M'_"_""'~ _ ~ '""" ',- ,,¡ "); é:1 ,:¡"-} ~~:::)~~'~UÙl I,.: 00290 Ca.\l Ço1V\l~ ST A TE OF'WYOlVIING, 'PE'fON N\ e v"'ce4 County 55: The foregoing instrument was acknowledged before me this ::2. q 13. C'ct.~ ð -\ 5eþteVV\.l?ev ';ZOûS-- by ANNE WHITEHURST My Commission Expires: Oc.-f· \5, JDùlo ~~~~ '. \ Noory ""bh' . ~ ~ ---. ~ :- SA'LL Y HARrnETI HURLÉY ~ .-< ~.. COMM. #1380082 ~ (; ID : NOTARY PUBLIC - CALIFORNIA ::: I- , · MERCED COUNTY k 1..2:: F ~,,\ My Comm. Expires Oct. 15, 2006 _-..r~"'--~"----~""-"'- 0055359640 C -6A(WY) (0005) ® Page 15 of 15 ~~,W Fonll 3051 1/01 ~:~mm~~mIm~:r ·;';'V;:;:.~;··· ···;":'.I:! 'i~«:'(:1 .r~",A'¡ >Ç¡"") V·"'-'·~~""I!:.j~OÙ ':,>00291 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made tllis 27th day of and is incorporated into and shall be deemed to amend Deed of Trust, or Security Deed (the "Security Instrument") undersigned (the "Borrower") to secure Borrower's Note to FIRST HORIZON HOME LOAN CORPORATION September, 2005 and supplement the Mortgage, of the same date given by the (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 368 WOODEN SPUR DRIVE, ALPINEWY, Wyoming 83128 [property AddrEss] ! 1-4 FAMILY COVENANTS. In addition to tlle covenants and agreements Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, batll tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, stonn windows, stonn doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or tlle leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall or make a change in the use of. the Property or its zoning classification, agreed in writing to the change. Borrower shall comply with all regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written pemlission. D. RENT LOSS INSURANCE. Borrower sh,ùl maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. made in the not seek, agree to unless Lender has laws, ordinances, 0055359640 MULTISTATE 1- 4 FAMILY RIDER- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1/01 chL·. .-57R (0411)! Pag~ 1 of 3 Initials: , :~5~~W~fe Solutions, Inc.J 1111111111111111111111111111111 1111 '.'¡';',~~."';·c ' . \: I.).. <:(¡'jl if"",.J-' ¿\ì ,¡c'3' "0' '-.J ~í.'~~Q I'" ,^ 1) A () ,OO..~ ~.IZ. E. "BORROWER;S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate tlle existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents ") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect tlle Rents, and agrees that each tenant of the Property shall pay tlle Rents to Lender or Lender's agents. However, Borrower shall receive tlle Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to tlle sums secured by the Security Instnunent; (ii) Lender shall be entitled to collect and receive all of tlle Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on tlle Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account ~òr only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not managing the Property and of collecting purposes shall become indebtedness Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act tllat would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain tlle Property before or after glVlng notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. TIlls assignment of Rents of the ~l~~erty shall terminate when all the sums secured by the Security Instrum~ent are paid in 0055359640 Initials: .-57R (0411) Page 2 of 3 . orm 3170 1/01 ® sufficient to cover the costs of taking control of and the Rents any funds expended by Lender for such of Borrower to Lender secured by the Security :~jm~m~~~¡;r~~:; ò.S~~i:¡~~2¡: , '; . ;~, '..' ,1;' .I¿'. f.· ,.~·00293 \Cr3 ,'_ .~'\ J;y D,ò r. ~"ì '..~....u .- U-...J"--" 1. CROSS-DEFAULT PROVISION. Borrower's default or breach' under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower ~Y~dcr accepts and agrees to the terms and covenants (Seal) -Borrower t (Seal) -Borrower . (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0055359640 .-57R (0411) ® Page 3 of 3 Form 3170 1/01