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Home My WebLink About913061 , ',';·.',·.·¡·J!i.';."!i:"'~.:, .·i.~·i·:: ,:.':¡' ,"¡~ .:,! '-., ·~;:'':';;:':'':'''::;''....,''.~i ,_\:,,~ ...L:...L--'--'" ·.',···.·.·f·.·.··¡!.·.' 'ü"tfZ'Z"'O" "·,··.'.C"-'·'·->.;>,.;··- ~ Mter recording please return to: OHIO SAVINGS BANK A'ITN: DOCUMENl' CONI'ROL [Company Name] [Name of Natural Person] RECEIVED 10/21/2005 at 4:21 PM RECEIVING # 913061 BOOK: 602 PAGE: 220 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1111 CHESTER AVE [Street Address] CLEVELAND, OH 44114 [City, State Zip Code] [Space Above This Line For Recording Data] MORTGAGE ~IN 100162500050344887 / ) 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. /"ì () '/ -./ 11 (A) "Security Instrument" means this document, which is dated together with all Riders to this document. October 17, 2005 (B) "Borrower" is BRENT D. KING, SOLE OWNER . Borrower is the mortgagor under this Security Instnunent. (C) "~ERS" 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. ~ERS is the mOligagee under this Security Instrument. MERS is organized and existing lUlder the laws of Delaware, and has an address and telephone number ofP.a. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is MOUNTAIN EXPRESS MORTGAGE, LC i Lender is a limited corporation THE STATE OF UTAH . Lender's address is SUITE 200 (SEE MEMOS, PARK CITY, UT 84060 LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 1 of 14 www_compliancesourcecom IIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIII ~IIIII~ IIIIIIIIIIIIIIIIII~ IIII organized and existing lUlder the laws of 1910 PROSPECTOR AVENUE, MERS Modified Form 3051 01101 14301WY 08/00 02000, The Compliance Source, Inc. Hi¡!im:;!!!~i~W¡ij ·;~::1 i~~§1iE)}~ :i,:·,'.i!¡·¡~¡~.":·~ ',I~~;!t·i;!¡~'···'·i·l· . ':;":-i:!'~';:·A'¡':.· :',';'.;;":':':::¡(:' . ,!~;;.,:,:,¡.;!,: -:, ' . ...... 03:13061 (E) "Note" means the promissory note signed by Borrower and dated October 17, 2005 The Note states that Borrower owes Lender twenty six thousand nine hundred ten and NO/100ths Dollars (U.S. $ 26,910.00 ) plus interest. Borrower has promised to pay tIus debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2008 . C00221 (F) "Propeliy" means tIle property that is described below under tIle heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by tIle Note, plus interest, any prepayment charges and late charges due under the Note, and all SunlS due under this Security Instnullent, plus interest. (H) "Riders" means all Riders to tllis Security Instntment that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: o Adjustable Rate Rider o Balloon Rider o 1-4 Family Rider o OtIler(s) {specify] o Condominium Rider o Planned Unit Development Rider o Revocable Trust Rider o Second Home Rider o Biweekly Payment Rider (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 condomuullm association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or sinlilar paper instnunent, which is initiated through an electronic temlinal, telephonic instnlluent, computer, or magnetic tape so as to order, instruct, or autIlOrize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described Ul Section 3. ~ "~iscellaneous Proceeds" means any compensation, settIement, award of damages, or proceeds paid by any third party (otIler tIlan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction 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. (N) "~ortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and ulterest lUlder the Note, plus (ii) any amounts Imder Section 3 of tIlis Security Instnlment. LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 2 of 14 www.compliancesourcecom 1111111111111111111111111111111111111 ~IIIIIIIIIIIIIIIIIIIIIIII~ 1111 MERS Modified Form 3051 01/01 14301WY 08/00 102000. The Compliance SOluce. Inc. I;: " ;'1 '.I'.:C;:';~j.:lrl·~ ..;.;,:.,:-"...... .- ;' .!'~I :1~'I't~,' ,', ·'.::':':·,T·. '. :1:·:·: I':':'Y,¡;¡;;,I;/, .<"'..'.:.-: ·j.·..rv·:,:, 'l> >iC .(\ "1' 061 .!.~.~..:.J~~ r'n""~f)2 ;....)U(.I..., (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §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 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 RESP A. (Q) "Successor in Interest of Borrower" means any party that has taken titIe to the Property, whether or not that party has assumed Borrower's obligations under tIle Note and/or tIus Security Instrunlent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrunlent secures to Lender: (i) the repayment of the Loan, and all renewals, eÀiensions and modifications of tIle Note; and (ii) the performance of Borrower's covenants and agreements under tins Security Instrument and the Note. For tIus purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nonÚllee for Lender and Lender's successors and assigns) and to the successors and assigns ofMERS, with power of sale, the following described property located in the County of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 52 OF STAR VALLEY RANCH PLAT 12, LINCOrn COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. which currentIy has the address of [City] LOT 52 PLAT 12 STAR VALLEY RANCH [Street] , Wyoming 83127 ("Property Address"): [Zip Code] THAYNE TOGETHER WITH all the improvements now or hereafter 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 Instnunent. All of the foregoing is referred to in tIns Security Instnunent as tIle "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 with 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 linnted 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 tlus Secuiity Instrunlent. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has tile right to mortgage, grant and convey the Property and that tile Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the titIe to tIle Property against all claims and demands, subject to any encumbrances of record. LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 3 of 14 www.compliancesourco_com 111I11111111111!lllillll~ 11111 ml 1111111111111111111111111111111 MERS Modified Form 3051 01101 1430lWY 08/00 02000. The Compliance Source. Inc. ~j!¡¡¡¡~¡¡¡¡¡~J::;¡P ··""m,." :;:j;~;;;;;;;;~;i;:1!i: ':';-"."."', ~c:A,\ "1'061. ~~J ~ '¿'.J~ \.j ,r (" ('. l~.f) 3 ì." ) u:,1... THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-muform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 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 Il1ade in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due lUlder the Note and this Security Instrument 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, instnUllentality, or entity; or (d) ElectrOluc 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 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, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied ftmds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so witIùn a reasonable period of time, Lender shall eitIler apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to tIle outstanding principal balance under the Note inmlediately prior to foreclosure. No offset or claim wlùch Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and tIùs Security Instrument or performing tile covenants and agreements secured by tIus Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in tIus Section 2, all payments accepted and applied by Lender sl1all be applied in tile following order of priority: (a) interest due under tile Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in tile order in wlùch it became due. Any remaining amounts shall be applied fIrst to late charges, second to any other amounts due under tIùs Security Instrument, and tIlen to reduce tile 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, tile payment may be applied to the delinquent payment and tile late charge. If more tIlan one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the eÀ1ent tImt, each payment can be paid in full. To the eÀ1ent tIlat any excess exists after tile payment is applied to tile 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 lUlder tIle Note shall not extend or postpone tile due date, or change tile anlOunt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under tile Note, until the Note is paid in full, a Sunl (tile "Funds") to provide for payment of amounts due for: (a) taxes and assessments and otIler items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) prenuums for any and all insurance required by Lender under Section 5; and Cd) Mortgage Insurance prenuums, if any, or any smllS payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prenùums in accordance with tile provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 4 of 14 www.compliancesourcecom IIIIIIIIII~ IIII1III1 ~IIIIIIIIIIII ~IIIII~ lil!llllllllllllI~ IW MERS Modified Form 3051 01/01 14J01WY 08/00 02000, The Compliance Source, Inc. ,t(1 ·-,!:~~.r.';·I:""'· :;.-"~<~.: . ',:."O-¡,- ·Yi::''t_~.,.';,",~''''':il·''·~-:W " -;:·---~~.:":-""'~:::-<''',(':'·'''''':--;''''-'':.?'L'~ë·''--c''- . -, . -.-- - .. -, '..-. I!;'~ Ii_l' '-!~'.'i'!.: ::..-.:~ '. t .,: ' ,í)C~'<¡ or, OC-t ~..lI'--'/¿\1...b;VU...L .r n,.... t"!. ° 4 '. J";"'. '... " \.,-..... ~ 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 the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for wlúch 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 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 IDlder 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 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 RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or othelìvise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instnll11entality, 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 RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing tlle 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 eamings 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 annual accounting of the 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 the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borro~er as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 montIùy payments. IftIlere is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender tile 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 tIús Security Instnunent, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, filles, and impositions attributable to the Property wlúch can attain priority over tlús Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the eÀ1ent tIlat these items are Escrow Items, Borrower sllall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over tlús Security Instrument unless Borrower: (a) agrees in writing to tIle payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests tile lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent tIle enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of tlle lien an agreement satisfactory to Lender subordinating the lien to tlús Security Instrument. If Lender determines tIlat any part of the Property is subject to a lien which can attain priority over tins Security Instrument, Lender may give Borrower a notice identifying tile lien. Witlnn 10 days of the date on which LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Faroue MaeIFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 5 of 14 www.compliancesource.com IIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII~ II11 MERS Modified Form 3051 01101 14301WY 08/00 02000. The Compliance Source. Inc. ~mmiW1~j:.; ,t::')\' ¡:~~mŒm~m~â:·~ '.'.'.~.';'.I.'~'.·.' , \·"j:'I·~··:L'i,;-""".""· ," r)'lA' ,?O~¡:::'1 "- J~'<.ò'U'U . " (\ ~ '" r' 5 ~ r.'~~..;.J, '.-' \oj \} t:. {..., 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-time charge for a real estate tax verification and/or reporting service used by Lender in connection with tItis Loan. 5. Property Insurance. Borrower shall keep tile improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included witIun tile term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for wluch Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for tile periods that Lender requires. What Lender requires pursuant to tile preceding sentences can change during tile term of tile Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, wluch right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection WitIl tItis Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone deternunation and certification services and subsequent charges each time remappings or similar changes occur wltich reasonably might affect such detennination or certification. Borrower shall also be responsible for tile payment of any fees imposed by the Federal Emergency Management Agency in connection WitIl tile 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. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but nught or might not protect Borrower, Borrower's equity in tile Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage tIlaIl was previously in effect. Borrower acknowledges tIlat tile cost of the insurance coverage so obtained ¡night significantly exceed the cost of insurance tllat Borrower could have obtained. Any amounts disbursed by Lender under tIus Section 5 shall become additional debt of Borrower secured by tlus Security Instrument. These amounts shall bear interest at tile Note rate from tile 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 shall have tile right to hold tile policies and renewal certificates. If Lender requires, Borrower shall promptIy give to Lender all receipts of paid prenumns and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In tile event of loss, Borrower shall give prompt notice to tile 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 the restoration or repair is econOlnically 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 tile repairs and restoration in a single payment or in a series of progress payments as tile work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other tI1ird parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be tile sole obligation of Borrower. If tile restoration or repair is not econOlnically feasible or Lender's security would be lessened, tile insurance proceeds shall be applied to the sums secured by this Security Instnunent, whetIler or not tIlen due, witIl tile 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 tIlat tile insurance carrier has LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 6 of 14 www.compliancesourcecom 1 111111 11111 11111 11I11 III!I 11111 ml 111111111 1111 11111 11111 IIIŒI MERS MOllified Form 3051 01/01 14301WY 08/00 02000, The Compliance Source, Inc. ·N' - r ~~~:~;r;;: . ,:~.:.~.:.:.~.~.:I~~ . ...~"t, ~.~ " --..... . ,:.~: :".::'. ...,~': :i:');~':';;:~:': . I"~·~~:';'::";'~'::':"'·:!':' - ,,;.;, ;i.., . " 'I .... ';:; ~ :.:. :..::'; 0.,' ,','l';'.J"'i","'J'.''': 1, :' ;;~..;...,',.'. ~,,£ -<\ '?'061. '.'J;.:J ....:;..j-:.J:¡ r"or\("'\("n6 t. '...J U {. ,(,¿ 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 llilpaid under the Note or tIllS Security Instrument. and (b) any other of Borrower's rights (otIler tIlan tIle right to any refund of unearned premiunls paid by Borrower) under all insurance policies covering tIle Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds eitIler to repair or restore tIle Property or to pay amounts unpaid lUlder tIle Note or tIlÏs Security Instrument. whetIler or not tIlen due. 6. Occupancy. Borrower shall occupy, establish, and use tIle Property as Borrower's principal residence witIlÏn 60 days after tIle execution of this Security Instrument and shall continue to occupy tIle Property as Borrower's principal residence for at least one year after the date of occupancy, mùess Lender otherwise agrees in writing, which consent shall not be unreasonably witIùleld, or unless eÀienuating circumstances exist which are beyond Borrower's control. 7. Preservation, ~aintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or comnlÏt waste on the Property. Whether or not Borrower is residing in tIle Property, Borrower shall maintain the Property in order to prevent tIle Property from deteriorating or decreasing in value due to its condition. Unless it is deternlined pursuant to Section 5 tIlat repair or restoration is not economically feasible, Borrower shall promptIy repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with danlage to, or tile taking of, tIle Property, Borrower sllall be responsible for repairing or restoring tIle 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 tIle interior of the improvements on tIle Property. Lender shall give Borrower notice at tIle 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 tIle Loan application process, Borrower or any persons or entities acting at tIle 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 Lender's Interest in the Propeliy and Rights Under this Security Instrument. If (a) Borrower fails to perform tIle covenants and agreements contained in tIlÏs Security Instrument, (b) tIlere is a legal proceeding that might significantIy affect Lender's interest in the Property and/or rights lUlder tIllS Security Instrument (such as a proceeding in bankruptcy, probate, for condelllilation or forfeiture, for enforcement of a lien which. may attain priority over tIllS Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned tIle Property, tIlen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in tIle Property and rights under tIllS Security Instrument, including protecting and/or assessing tIle value of tIle Property, and securing and/or repairing tIle Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over tIllS Security Instnunent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in tIle Property and/or rights lUlder tIllS Security Instrument, including its secured position in a bankruptcy proceeding. Securing tIle 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 otIler code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action lUlder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed tIlat Lender incurs no liability for not taking any or all actions autIlOrized under this Section 9. i " (. ~ , LOAN NUMBER: 5491421 WyonÚllg Mortgage-Single Family-Fannie MaeIFrellclie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 7 of14 www_compliancesource.com IIIIIIIII~ Illllllill m 11111 ~III~IIIII~III~ Illi III! lIIillll MERS Modified Fonn 3051 01/01 14JOIWY 08/00 02000, The Compliance Source, Inc_ : :iI~;!;~!mm~¡?~: :.' .. ~ . '\".''-.', ~ '··",~:;:c,,.·:'~!:..,f;m~~'1r~ŒißÏ'i'<{;'··i.'-·-:':':,~5~';-:!:L".:';t"~~,;;~:;;!:E~.."",,~·,\,.:: h~.' _, . ·".,';::::-::.-,ogj-;':', < .C-, -~,:;",>,~-_.'.:.,:(t"j:~~¡.Z¡!~\: .-, c;;J'-,-",;.!~.:t~-:"1.~;U:~:'i k:::~_ ..t;S:~~f:'.'·::,:l". :::,'1.",1-.:; '': ,- ,1.\ ,!i~":;.;"~'J-.::;~~', " -. (.': ~<'.'-'~:.:'~: . '~'];.~'.:'> 't,C '"; ,?,n;c~ !, ,'----/~\:....J.:,V'U.-lw r Ii f" ('". r,¡ 1'"1 \.. U u t. ,(., t Any amounts disbursed by Lender under tI1Ïs Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amOlmts shall bear interest at tile Note rate from tile date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If tI1Ïs Security Instrument is on a leasehold, Borrower shall comply with all tile 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 tile merger in writing. 10. ~Oligage Insurance. If Lender required Mortgage Insurance as a condition of making tile Loan, Borrower shall pay tile prelniums required to maintain tile Mortgage Insurance in effect. If, for any reason, tile Mortgage Insurance coverage required by Lender ceases to be available from tile mortgage insurer tllat previously provided such insurance and Borrower was required to make separately designated payments toward tile premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to tile Mortgage Insurance previously in effect, at a cost substantially equivalent to tile 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 tile anlount of the separately designated payments tIlat 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, notwitllstanding the fact tIlat tile Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in tile amount and for tile period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward tile premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making tile Loan and Borrower was required to make separately designated payments toward tile 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 próviding for such termination or until termination is required by Applicable Law. Notl1Ïng in this Section 10 affects Borrower's obligation to pay interest at tile rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurancè. Mortgage insurers evaluate tIleir total risk on all such insurance in force from time to time, and may enter into agreements Wit1l other parties tItat share or modify tIleir risk, or reduce losses. These agreements are on terms and conditions tIlat are satisfactory to tile mortgage insurer and tile other party (or parties) to these agreements. TIlese agreements may require the mortgage insurer to make payments using any source of funds tItat tile mortgage insurer may have available (which ntay include funds obtained from Mortgage Insurance premiums). As a result ofthese agreements, Lender, any purchaser of the Note, anotIler insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directIy or indirectly) amounts tItat derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of tile premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for ~Oligage Insurance, or any other terms of the Loan. Such agreements will not incœase the amount Borrower will owe for ~ortgage Insurance, and they will not entitle BOrl"ower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the ~ortgage Insur"ance 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 ~oligage Insurance, to have the ~Oligage Insurance terminated automatically, and/or to receive a refund of any ~ortgage Insurance premiums that were unearned at the time of such cancellation or termination. LOAN NUMBER: 5491421 Wyonúng Mortgage-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUl\ŒNT -THE COMPLIANCE SOURCE, INC.- Page 8 of 14 www.compliancesource.com 1111II1111111illllllll~11111111111I1 ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MERS MO(lified F0l111 3051 01/01 14301WY 08/00 02000. 111e Compliance Source, Inc. .. ' .;:'.~¡:_¡,.. ~..r .'. or" rn c'1 w.J~l~¿\~~U ;·('\.....("(";8 \~ II '-.i I. '" 11. Assignment of ~isceIlaneous 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 promptIy. Lender may pay for tile 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, tile Miscellaneous Proceeds shall be applied to tile sums secured by this Security Instrument, whether or not tIlen due, with tile excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in tile order provided for in Section 2. In tile event of a total taking, destruction, or loss in value of tile Property, the Miscellaneous Proceeds shall be applied to the sums secured by tItis Security Instnunent, whether or not tIlen due, WÏtlI tile excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which tile fair market value of tile Property immediately before tile partial taking, destruction, or loss in value is equal to or greater tIlan tile amount of the sums secured by tItis Security Instnmlent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, tile sums secured by this Security Instrument shall be reduced by tile amount of the Miscellaneous Proceeds multiplied by tile following fraction: (a) the total amount of the sums secured immediately before tile partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before tile partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In tile event of a partial taking, destruction, or loss in value of the Property in which tile fair market value of the Property immediately before tile partial taking, destruction, or loss in value is less tIlan the amount of the sums secured immediately before tile partial taking, destruction, or loss in value, lll1less Borrower and Lender otIlerwise agree in writing, tile Miscellaneous Proceeds shall be applied to tile sums secured by tItis Security Instrument whether or not tile sums are tIlen due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower tIlat the Opposing Party (as defined in tile neÀ't sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender witltin 30 days after the date tile notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds eitIler to restoration or repair of the Property or to the sums secured by tins Security Instnmlent, whetIler or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or tile 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 impairment of Lender's interest in tile Property or rights under tIús Security Instnunent. 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 disnússed with a ruling tIlat, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under tItis Security Instnunent. The proceeds of any award or claim for damages tIlat are attributable to tile impairment of Lender's interest in tile Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of tile Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. EÀ'tension of tile tinle for payment or modification of amortization of the sums secured by this Security Instntment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release tile liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 9 of 14 www.compliancesource_com 1111111111111111111111 ~I~ 11111/1111 illlllllllllllll~ 11111111111111 MERS Modified Form 3051 01/01 14301WY 08/00 02000. The Compliance Source, Inc. ~:m~::i~¡¡i¡Wn::: ,I. i;:~ill~~j~m{;::: ·,."i·i·~'~.:!¡·¡"'. j .'.....,....!.'.......,. ·i·,·,·"......· .""0': ,:0 "':"D61 ,r,_ --'.J....¿. [" (\ r t" ;. 9 '... '\.) \.~ 1- ,_" Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by tIns Security Instrument 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, witIlOut limitation, Lender's acceptance of payments from tI1ird persons, entities or Successors in Interest of Borrower or in amounts less tIlan tIle 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; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing tIns Security Instrument only to mortgage, grant and convey the co-signer's interest in tIle Property under the terms of tins Security Instrunlent; (b) is not personally obligated to pay the sums secured by tIns Security Instnunent; and (c) agrees that Lender and any other Borrower can agree to e>..iend, modify, forbear or make any accommodations with regard to the terms of tIns Security Instrument or tIle Note witllout the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under tIns Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under tIns Security Instnunent. Borrower shall not be released from Borrower's obligations and liability under tIns 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 tIle successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for tIle purpose of protecting Lender's interest in tIle Property and rights under tIns Security Instrument, including, but not linlited to, attorneys' fees, property inspection and valuation fees. In regard to any otIler fees, the absence of express autIlority in tIns Security Instrument to charge a specific fee to Borrower shall not be construed as a prolúbition on tIle charging of such fee. Lender may not charge fees that are expressly prolúbited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and tIlat law is fmally interpreted so tIlat tIle interest or otIler loan charges collected or to be collected in connection WitIl tIle Loan exceed the permitted limits, tIlen: (a) any such loan charge shall be reduced by tIle amount necessary to reduce the c:harge to the permitted limit; and (b) any sums already collected from Borrower wlúch exceeded permitted limits will be refunded to Borrower. Lender may choose to make tIlis refund by reducing tIle principal owed under tIle Note or by making a direct payment to Borrower, If a refund reduces principal, tIle reduction will be treated as a partial prepayment without any prepayment charge (whetIler or not a prepayment charge is provided for under tIle Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower núght have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection WitIl tIns Security Instrument must be in writing. Any notice to Borrower in connection WitIl tIns Security Instrunlent 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 unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptIy notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, tIlen Borrower shall only report a change of address tIrrough tIlat specified procedure. There may be only one designated notice address under tIús Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated anotIler address by notice to Borrower. Any notice in connection WitIl tIús Security Instnunent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instnunent is also required lUlder Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under tIús Security Instnlment. 16. Governing Law; Severability; Rules of Construction. TIns Security Instrument shall be governed by federal law and tIle law of the jurisdiction in wlúch tIle Property is located. All rights and obligations contained y ..... ~, ~ LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Famúe MaeIFred,lie Mac UNIFORM INSTRUMENT -THE COl'vIPLIANCE SOURCE, INC.- Page 10 of 14 www.compliancesource.com 1 111111 11111 lilll 11I11 !III 11111 11111 ~IIIIIIIIII~ III~ 111I 111111111 MERS Mo,lified Form 3051 01/01 14301WY 08/00 02000, The Compliance Source, Inc. 't(, ,. ';~m~:I:;~;~,:·~¡'I::""·· . .'. . ¡-'·I·';·'!I~'·'~Ò~;'¡·" , .':: .' -!' j ~;:~,-~ L . ,,' .::. ,'-','/-",,;..¡ "4:.'.~,':'._. '. -_:''': ..... :~..c:'; ~'r,ìL'1. _~~}~1.~"U'U rn.("~.00 t~ '\.) ~) t- .,J in this Security Instrunlent are subject to any requirements and limitations of Applicable Law. Applicable Law might e},,'plicitly or implicitly allow tlle 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 tlle event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or tlle Note which can be given effect without tlle 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 vice versa; and (c) tlle word "may" gives sole discretion witllOut any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and oftlús Security Instrument. 18. Transfer of the Propeliy or a Beneficial Interest in Borrower. As used in tlús Section 18, "Interest in the Property" means any legal or beneficial interest in tlle Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of wlúch is tlle transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in tlle 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 SlilllS secured by this Security Instnlment. However, tlús option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises tlús option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date tlle notice is given in accordance with Section 15 within wlúch Borrower must pay all sums secured by tlús Security Instntment. If Borrower fails to pay these sums prior to tlle expiration of tlús period, Lender may invoke any remedies pennitted by tlús Security Instrunlent witllOut further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to tlle earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in tlús Security Instrunlent; (b) such other period as Applicable Law núght specify for tlle tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing tlús Security Instnunent. Those conditions are tllat Borrower: (a) pays Lender all sums wlúch tllen would be due under tlús Security Instnunent and tlle 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 Security Instrunlent, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for tlle purpose of protecting Lender's interest in the Property and rights under tlús Security Instrunlent; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in tlle Property and rights under tlús Security Instntment, and Borrower's obligation to pay the sums secured by this Security Instrunlent, shall continue unchanged. Lender may require tllat Borrower pay such reinstatement SunlS and e},,'penses 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 caslúer'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, tlús Security Instntment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tlús right to reinstate shall not apply in the case of acceleration lUlder Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in tlle Note (together Witll tlús Security Instntment) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as tlle "Loan Servicer") tllat collects Periodic Payments due under the Note and tins Security Instntment and performs other mortgage loan servicing obligations under tile Note, this Security Instntment, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If tllere is a change of the Loan Servicer, Borrower will be given written notice of the change wInch will state tile name and address of the new Loan Servicer, tile address to which payments should be made and any other infornlation RESP A requires in connection with, a notice of transfer of servicing. If the Note is sold and tIlereafter the Loan is serviced by a Loan Servicer otIler tIlan tile purchaser of the Note, tile mortgage loan servicing LOAN NUMBER: 5491421 Wyoming MOligage-Single Family-Fannie MaeIF'eddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 11 of14 www.compliancesource.com IIIIIIIII~IIIIIIII]IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ III~ 1111 MERS Modifie¡l Form 3051 01101 14301WY 08/00 02000, The Compliance Source, Inc. ~¡~ill¡*~¡lUii 'Ii" ::m~~1¡¡~;~~I¡r:~~ , :' ,': ,',' '.!I~' ' ....... , . ',...,!;...,.¡...,',.....'. ,.. I: ,~,:,:':·C":·i':l.~ .',. .'~' .~:·~L'?{,.JL':,-':;'':.';'' .'~.. . '~;:1'"" ~:::~.~~r:c.::-:i ':".-;'~ ':.:J·i::';' ¡.>::.:~:, '., ~ ~~;;~",;;., . ' . Ì¡-.[-f~ --¡, ~6. -1 ~ ..'r..--,'_--.l''-~·;W ¿ '" 1"\ '" . , ,. ,.11<)1 '.. ,) t· too .j 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. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other 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. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in tillS Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, otIler flanllllable 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 the jurisdiction where tile Property is located that relate to healtIl, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition tIlat can cause, contribute to, or othenvise trigger an Environmental Cleanup. Borrower shall not cause or permit tile 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, anything affecting tile Property (a) tIlat is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) wlllch, due to tile presence, use, or release of a Hazardous Substance, creates a condition tIlat adversely affects the 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 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 promptIy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving tile Property and any Hazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or tIlfeat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory autIlOrity, or any private party, that any removal or otIler remediation of any Hazardous Substance affecting tile Property is necessary, Borrower shall promptIy take all necessary remedial actions in accordance WitIl Environmental Law. NotIÜng herein shall create any obligation on Lender for an Environmental Cleanup. 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 fmiher inform Borrower of the right to reinstate after acceleration and the right to bring a comi action to asseli 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 LOAN NUMBER: 5491421 Wyoming Mortgage-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 12 of14 www.compliancesourcecom IIIIIIIII~IIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIŒ MERS Modified Fonn 3051 01/01 14301WY 08/00 02000, The Compliance Source, Inc. 'o':¡". .,- _.' ., . . ;:, .,;-;;:,~--¡¡..¡.O!¡ .i', ¡;-...;': '·;~;;:¡l:'~·~·::·;~·~)ii'-:.o{;::~n', "'.·'i~: ',:::(_'~'''~,'., '\,;,;.:: :'-'-'i'-,~·:.:!;;i~.;'w!·;, :,:.,:"i¡':.;I;'õ9'¡'¿;',' , ;:. .';f,:~·_~'!J¡"i~,_b<·_··:':,<~:~'iI:--'?~_!:t<.''':'.'; ,~,::.:~:!., .'.:\.. _ ;;~'~:!:.'~~¡"r-:I~líJ.:-;:.!·':~"'. '.'. ~::\":'.' .'-':-":~'~','.', r', I _l, or" i0~íC: 1 J.J~! ~~~'~J'U'" r ¡ì(' f\ I) 2 ....·'...JUt.oJ . option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may involœ the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give 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 Propeliy shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instnunent. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instnunent, but only if the fee is paid to a t1úrd 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. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in t1ús Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ð -f{l £7 ' BRENT D. KING . (Seal) -Borrower Printed Name: [Please Complete] (Seal) -Borrower Printed Name: [Please Complete] (Seal) -Borrower (Seal) -Borrower [Acknowledgment on Following Page] LOAN NUMBER: 5491421 W)'onÚllg Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 13 of 14 www,compliancesourcecom 111111111111111111I111111111111 ~III ~IIIIIIIIIIIIIII~ 11111111111111 MERS Modified Form 3051 01101 14JOIWY 08/00 02000, The Compliance Source, Inc. I¡~¡~m~m~~;,;¡ .¡,. '~~;*i~mu~ :i:'~';ó:-((i;I;;;'I:¡ . ·:.;'';I;.:.:I;,¡,:~. ...c.~~.,)!:.::":".,.,.: ,. . "Ú..::!.___:-, .. ~ .:. "1ln)~~jj ......., '.:l-. .: '.:-b~""" ;,\ ~........,).---J State of !J7/l71 County of flt.ú-, § § § Before me the undersigned authority, on this day personally appeared BRENT D. KING t,'.¡;,'..,'(',;;;,,,!..:; ., ,~ '..,....., t'fì['t't,r¡3 ~.., ,.1 \j'- .:) known to me (or proved to me through an identity card or other document) to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same ii.or the purposes and consideration ;lJfre. m ~~sed ~ Given under my hand and seal on this 17 - day of tJ~ ' âétJb (Sea1)I-.-----Ñ~;ÿP(;bIi-;--..1 c¥flr¿) #t ~ . LISA G. SHEPPARD . I 1164 Ea$t 100 South I Notary Publtc t . Logan. Utah 8432t I My Commission E:\1Jires: 7/; Þ My Commission ~ II tJa I JU'IE1Å'",200t I ~/ &.._----.!T.ð1j~-WA!f- . LOAN NUMBER: 5491421 Wyoming Mortgage-Single Fanúly-Famue Mae/Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 14 of 14 www.comPliancesource.comllllllllllllllllllllll!11 11I1111II1 1/111111111111[1111111111111111 MERS Modified Form 3051 01/01 14301WY 08/00 02000, The Compliance Source, Inc,