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HomeMy WebLinkAbout913909 51214 (01) .;.. Return To: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 r· '" ¡ (\ n ¿f: (9. :,., ',' \J \) c.¡;, W 1919 DOUGLAS" OMAHA, NE 681010000 RECEIVED 11/22/2005 at 10:13 AM RECEIVING # 913909 BOOK: 605 PAGE: 492 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared By: WELLS FARGO BANK, N.A. [Space Above This Line For Recording Data] MORTGAGE 13 DEFINITIONS l,V I ¡ ì 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. . ! ,I)." .. \C (A) "Security Instrument" means this document, which is dated NOVEMBER 16, 2005 together with all Riders to this document. (B) "Borrower" is DALE L BLACKETT AND KRISTIE S BLACKETT, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N. A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES 0060914116 WYOMING,Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 o -6(WY) (00051 j~ Page ~Of 15 Init;"ls f)~¿- J¿, VMP MORTGAGE FORMS - 18001521-7291 · ',",-.:.:.:/:.:,:.:, .", r- 'ì n A 9 i) ~., U d '"1 0 Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means Ù1e promissory note signed by Borrower and dated NOVEMBER 16, 2005 The Note states Ù1at Borrower owes Lender ONE HUNDRED SIXTY SIX THOUSAND ONE HUNDRED AND 00/100 Dollars (U .S, $ * ** * 16 6, 100 .00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay Ùle debt in full not later than DECEMBER 01, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means Ù1e debt evidenced by the Note, plus interest, any prepayment charges and ]ate charges due under the Note, and all sums due under ùlÍs Security Instrument, plus interest. (G) "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]: ,...... ". ""<"'0'9' 't _.'¡. nJ. "I:t ':.! ~} ,¡; il!. .. . ~'.; ~::y .l~:~,)~:.':"jt'i., I, ' D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D Second Home Rider D Planned U¡út Development Rider D 1-4 Family Rider o Biweekly Payment Rider D OÙ1er(s) [specify] (II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adnúnistrative rules and orders (that have Ù1e effect of law) as well as all applicable tinal, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges Ùlat are imposed on Borrower or Ùw Property by a condonúnium association, homeowners association or similar organization. (1) "Electronic Funds Transfer" means any transfer of funds, OÙ1er Ùlan a transaction originated by check, draft, or similar paper instrument, which is initiated Ù1fough an electronic ternúnal, telephonic instrument, computer, or magnetic tape so as to orda, instmct, or aUÙlOrize a tinancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teJler machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means Ù10se items Ùlat are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any ÙlÍre! party (other than insurance proceeds paid under Ù1e coverages described in Section 5) for: (i) damage to, or destruction of, Ù1e Property; (ii) condenmation or other taking of all or any part of Ù1e Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1'1'1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, Ù1e Loan. (N) "Periodic Payment" means Ùle regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of ùlis Security Instmment. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F .R. Part 3500), as Ùley might be amended ÌÌ'01ll time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in ùlÍs Security Instrument, IlRESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. G -6(WY) (00051 @ Initials: f). A _ Page 2 of 1 5 /¿,!3 Form 3051 1/01 '·"'"'·"1·;7,·,·,:n·'" ;','...,....'...'.....:....... rnn..19ð '.' ,.1 \,' i J: (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, wheÙler or not that party has assumed Borrower's obligations under Ùle Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY ":"'U-"<~ -:; ~' This Security Instnltnent secures to Lender: (i) Ùle repayment of Ùle Loan, and all renewals, extensions and modifications of Ùle Note; and (ii) Ùle performance of Borrower's covenants and agreements under ùlis Security Instrument and Ùle Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, Ùle following described property located in Ù1e COUNTY of LINCOLN [Type of Recording Jurisdictionl [Name of Recording Jurisdiction] LOT ONE HUNDRED TWENTY-TWO (122) IN STAR VALLEY RANCH PLAT SEVENTEEN (17) AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. TAX STATEMENTS SHOULD BE SENT TO: 10304, DES MOINES, IA 503060304 WELLS FARGO HOME MORTGAGE, P.O. BOX Parcel ID Number: 34180610100400 230 HARDMAN ROAD THAYNE ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83127 [Zip Code] TOGETHER WITH all Ùle improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hen:after a part of the property. AlJ replacements and additions shall also be covered by this Security I llstrument. All of Ùle foregoing is referred to in this Security Instrument as Ù1e "Property." BORROWER COVENANTS Ùlat Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey Ùle Property and that Ùle 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 SECURlTY INSTRUMENT combines uniform covenants for national use and non-uniform 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 Ùle principal of, and interest on, Ùle debt evidenced by the Note and any prepayment charges and late charges due under Ù1e Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under Ùle Note and tllis Security Instrument shall be made in U.S. currency, However, if any check or oÙler instrument received by Lender as payment under Ùle Note or ù1Ís o -6(WY) 10005) @ Initi.ls: IJ "./5 - Page 3 of 15 -:)( 13 _ Form 3051 1/01 ,'--. ". .:¡--; r - I -.r·:- '¡-"\ 1 'ì't..i,\1 , '~'iO~ "".J .-J _~'c.J-..3 r()n,"o~ ,-." '.) d '-1 V J Security InstIllment is returned to Lendt:r unpaid, Lender may require Ùlat any or all subsequent payments due under Ù1e Note and Ù1is Security InstIllment be made in one or more of the following forms, as selected by Lender: (a) cash; (b) mont:y 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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in Ùle Note or at such oÙler 10catioJl as lnay be designated by Lender in accordance with Ù1e notice provisions in Section 15. Lender may return any payment or partial payment if Ù1e payment or partial payments are insufticíent to bring Ù1e Loan current. Lender may accept any payment or partial payment insufficient to bring Ù1e Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in Ùle 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, Ù1en 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 sl¡all either apply such funds or return ÙleHl to Borrower. If not applied earlier, such funds wiJl be applied to the outstanding principal balance under the Note inunediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by ùlÌs Security Instrument. 2. A pplication of Payments or Proceeds. Except as oÙ1erwise described in tllÍs Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under Ù1e Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in Ù1e order in which it became due, Any remaining amounts shall be applied first to late charges, second to any oÙler amounts due under ùlÍs Security Instnnnent, and then to reduce Ùle principal balance of Ù1e Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, Ùle payment may be applied to the delinquent payment and Ùle late charge. If more Ùlan one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To Ù1e extent that any excess exists after the payment is applied to Ù1e 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 Ùlen as described in Ù1e Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under Ù1e Note shall not extend or postpone Ù1e due date, or change Ù1e amount, of the Pc:riodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on Ù1e 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 assessmellts and OÙ1er items which can attain priority over Ù1is Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on Ù1e Property, if any; (c) premiums 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 WiÙl Ù1e provisions of Section 10, These items are called "Escrow Items." At origination or at any time during Ùle term 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 amollnts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items UllleSS 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 G -6(WY) 10005} ® Initials; ./J.r.15 , Page 4 of 15 ¿.IS Form 3051 1/01 "'.L'·;;>i~>:i~ " . , ,,-:.; .;. ..;,;.;. ;, ;~;' '. .I.;}.. .s', (\',{) '\I"..:)......-.Þ ¡-\ ~~ (~ ..,,",~ ~, \.i \; ''¡ U \) due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in ùlÍs SecurÍly 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 Ù1e 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 Ùle waiver as to any or all Escrow Items at any time by a nutice given in accordance WiÙl Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, Ù1at are Ù1en required under this Section 3. Lender IlIay, at any time, collect and hold Funds in an amount (a) sufficient to palllit Lender to apply the Funds at Ù1e time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estilnate Ùle amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Hems or otherwise in accordance wiÙ1 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 Ùle Funds to pay Ùle 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 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 earnings on the Funds. Borrower and Lender can agree in writing, however, Ù1at interest shall be paid on the Funds. Lender shall give to Borrower, wiÙlOut charge, an annual accounting of Ùle 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 Ùlere is a shortage of Funds held in escrow, as detined 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 WÍÙ1 RESPA, but in no more than 12 monÙlly payments. If there 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 Ùle amount necessary to make up Ùle deticiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by ùlÍs Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on ù1e Property, if any, and Community Association Dues, Fees, and Assessments, if any. To Ù1e extent Ùwt Ù1ese items are Escrow Items, Borrower shall pay them in Ùle manner provided in Section 3. Borrower shaH promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to Ùle payment of Ùle obligation secured by Ù1e lien in a manner acceptable to Lender, but OIÙY sO long as Borruwer is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of Ùle lien in, legal proceedings which in Lender's opinion operate to prevent Ùle enforcement of the lien while Ù10se proceedings are pending, but only until such proceedings are concluded; or (c) secures from the hulder of Ùle lien an :lgreement satisfactory to Lender subordinating ù1e lien to this Security Instrument, If Lender detamines that 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 G -6(WY) (0005) <!> Page 5 at 15 Initial..-/) -.ß - K.(3. Form 3051 1/01 ",'.·.1.'.'.'.·.·.·,'.,· ..{J ,'.-J:L~2, :309 l' "\ ~') .1: (, ~'t ".' (1 tJ --f 8 , lien, Within 10 days of the date OIl which Ùlat notice is given, Borrower shall satisfy Ù1e 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 veritication and/or reporting service used by Lender in connection WiÙl ùlis Loan, 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included wiÙ1in Ùle term "extended coverage," and any oÙler hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance, This insurance shall be maintained in the amounts (including deductible levels) and for the periods Ùlat Lender requires. What Lender requires pursuant to Ùle preceding sentences can change during the term of the Loan. The insurance carrier providing Ù1e insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised umeasonably, Lender may require Borrower to pay, in connection wiù1 ùlis Loan, either: (a) a one-time charge for t100d zone determination, certitication and tracking services; or (b) a one-time charge for t100d zone determination and certitication services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certitication. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Mamlgement Agency in connection WÍÙl the review of any t100d zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of Ù1e 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 lllight or IlIight not protect Borrower, Borrower's equity in the Property, or Ù1e contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that Ù1e cost of Ùle insurance coverage so obtained might signiticantly exceed the cost of insurance Ùlat 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 shall have the 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 otherwise required by Lender, for damage to, or destruction of, Ùle Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In Ùle 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, wheÙ1er or not the underlying insurance was required by Lender, shall be applied to restoration or repair of Ù1e Property, if Ùle restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have Ùle right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure Ùle work has been completed to Lender's satisfaction, provided Ùlat such inspection shall be undertaken promptly. Lender may disburse proceeds for Ùle repairs and restoration in a single payment or in a series of progress payments as the work is completed, Ulùess 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 otller tl1Írd parties, retained by Borrower shall not be paid out of Ù1e insurance proceeds and shall be Ù1e sole obligation of Borrower, If Ùle restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to Ù1e sums secured by this Security Instrument, whether or not then due, with o -6(WY) 10005) ® Initials -IJ--ß- Page 6 of 15 -K.13 Form 3051 1/01 ;:~: :~;¡~j~m~;imi¡¡j ... ',',','.","',','.',' ~? .ø ~~j "(¡",n .c) "j 'lj¡ :;:j r' IÌ l)' .~ C. (') "., U \ "'i~'O Ù1e excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons Ù1e Property, Lender may tile, negotiate and settle any available insurance claim and related matters. If Borrower does not respond wiÙlin 30 days to a notice from Lemler that Ù1e 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 eiÙler e\ent, or if Lender acquires Ùle Property under Section 22 or oÙlerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed Ùle amounts unpaid under the Note or ùlis Security Instrument, and (b) any other of Borrower's rights (other than Ù1e 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 Ùle Property. Lender may use Ù1e insurance proceeds eiilier to repair or restore the Property or to pay amounts unpaid under Ùle Note or this Security Instmment, wheÙler or not Ùlen due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of ÙlÎs Security Instrument and shall continue to occupy Ùle Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender oÙlerwise agrees in writing, which consent shall not be unreasonably wiÙlheld, 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 Ùle Property, allow Ùle Property to deteriorate or commit waste on the Property. WheÙler or not Borrower is residing in the Property, Borrower shall maintain Ùle Property in order to prevent Ù1e Property tÌom deteriorating or decreasing in value due to its condition, Ulùess it is determined pursuant to Section 5 Ù1at repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid furÙler deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to, or Ùle taking of, the ProperLY, Borrower shall be responsible for repairing or restoring Ùle Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for Ù1e repairs and restoration in a single payment or in a series of progress payments as Ù1e work is completed, If Ù1e insurance or condemnation proceeds are not sufticient 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 Ùle Property, I f it has reasonable cause, Lender may inspect Ùle interior of Ùle improvements on Ù1e 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 at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with Ùle Loan. Material representatiu1Js include, but are not limited to, representations concerning Borrower's occupancy of Ùle Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Secnrity Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instnunent (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 Ù1e Property, Ùlen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in Ùle Property and rights under ù1is Security Instnnnent, including protecting and/or assessing Ù1e value of Ù1e 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 which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable o -6(WY) 10005) ® Page 7 of 15 Initials: 1).,15· ~,('3 Förm3051 1/01 :,r.~ l'l II::) ....._'T't:......!IJ ,A .. : ('\ 0 ., C· 9 '", \J ''-¡~. attorneys' fees to protect its interest in Ùle Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding, Securing Ùle Property includes, but is not limited to, entering Ùle Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off, AlùlOugh Lender may take action under ùlÍs Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed Ù1at Lender incurs no liability for not taking any or all actions aUÙlOrized under ù1Ís Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at Ùle Note rate from Ùle date of disbursement and shall be payable, WiÙl such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of Ùle lease. If Borrower acquires fee title to Ùle Property, Ùle leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 10. I\lortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay Ù1e premiums required to maintain Ù1e Mortgage Insurance in effect. If, for any reason, Ùle Mortgage Insurance coverage required by Lender ceases to be available fro III Ùle mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward Ù1e premiums for Mortgage Insurance, Borrower shall pay Ùle premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to Ù1e cost to Borrower of Ùle Mortgage Insurance previously in effect, ÍÌ'0ll1 an alterna(e mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when Ùle insurance coverage ceased to be in effect. Lender will accept, use alld retain these payments as a non-refundable loss reserve in lieu of l"fortgage Insurance. Such loss reserve shall be non-refundable, notwiÙ1standing Ùle fact Ùlat Ùle Loan is ultimately paid in full, ami Lender shall not be required to pay Borrower any interest or eanúngs on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period Ùlat Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward Ù1e prenúums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making Ù1e Loan and Borrower was required to make separately designated payments toward Ù1e premiums for Mortgage Insurance, Borrower shall pay Ùle premiums required to maintain Mortgage Insurance in effect, or to provide a non-refulldable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance wiùl any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. NOÙling in ùÜs Section 10 affects Borrower's obligation to pay interest at Ùle rate provided in (he Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay Ùle Loan as agreed, Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate ùleir total risk on all such insurance in force from time to time, and IIlay enter into agreements with oÙ1er parties Ùlat share or modify Ùleir risk, or reduce losses. These agreements are on terms and conditions Ùlat are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that Ù1e mortgage insurer may have available (which may include funds obtained frllm Mortgage Insurance premiuIIls), As a result of Ùlese agreements, Lender, any purchaser of Ù1e Note, another insurer, any reinsurer, any oÙ1er entity, or any aftiliate of any of the foregoing, may receive (directly or indirectly) amounts Ùlat derive from (or núght be characterized as) a portion of Borrower's payments for Mortgage Illsurance, in exchange for sharing or modifying Ù1e mortgage illsurer's risk, or reducing losses, If such agreement provides that an aftiliate of Lender takes a share of Ùle insurer's risk in exchange for a share of the premiums paid to Ù1e insurer, Ùle arrangement is often termed "captive reinsurance," 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. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. o -6(WY) (00051 ® Initìóls: /) rß r Page 8 of 1 5 )¿.z5 Form 3051 1/01 (, i'"\ {ì, r ,'\ 0 "n¡'Q '.,. t,j J'. \ U ........;...-..;,. -- (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 Insunlllce 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 J}roceeds; Forfeiture. All Miscellaneous Proceeds an; hereby assigned to a lid shall be paid to Lendt:r. If Ù1e Property is damaged, such t\lisceJIaneous Proceeds shall be applied to restoration or repair of Ùle Property, if Ù1e 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 Ùlat 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 l.aw requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Burrower any interest or eamings 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 sums secured by this Security Instmment, wheÙ1er or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shaIl be applied in Ù1e order provided for in Section 2, In the event of a total taking, destruction, or loss in value of Ùle Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not ûlen due, with the excess, if any, paid to Borrower. In Ùle event of a partial taking, destmction, or loss in value of Ùle Property in which the fair market value of Ùle Property immediately before Ùle partial taking, destruction, or loss in value is equal to or greater Ùlan Ùle amount of Ùle sums secured by ùlis Security Instnnnent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender oÙ1erwise agree in writing, the sums secured by this Security Instmment shall be reduced by Ùle amount of the Miscellaneous Proceeds multiplied by Ùle foJIowing fraction: (a) the total amount of Ùle sums secured immediately before the partial taking, destmction, or loss in value divided by (b) Ùle fair market value of the Property immediately before Ùle 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 Ùle Property in which the fair market value of Ùle Property immediately before Ùle partial taking, destruction, or loss in value is less than the amount of Ùle sums secured inuuediately before the partial taking, destmction, or loss in value, unless Borrower and Lender otherwise agree in writing, Ûle Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument wheÙler or not Ùle sums are Ùlen 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 clailll for damages, Borrower fails to respond to Lender wiùlÍn 30 days after Ùle date Ùle notice is given, Lenda is aUûlOrized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to Ùle sums secured by ùlÍs Security Instrument, wheÙ1er or not Ùlen due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or oÙler material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing Ùle action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in Ùle Property OJ rights under ù1Ís Security Instrument. The proceeds of any award 01 claim for damages Ùlat are attributable to û1e impairment of Lender's interest in Ùle Property are hereby assigned and shall be paid to LendeJ, All Miscellaneous Proceeds Ù1at are not applied to restoration or repair of ûle Property shaJI be applied in Ùle order provided for in Section 2. o -6(WY) (00051 @ Initials: .{] ,,/3 - Page 9 of 15 xe Form 3051 1/01 ,;¡S:L, ':10S f', ,,,,, {',,', ",.. ", \ ., '. t'~ ¡ ,.", !" ¥ \,',j J J U .J. 12. Borrower Not Released; Forbearance By Lender Not a \Vaiver. Extension of the time for payment or modification of amortization of the sums secured by ÙlÍs Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release Ù1e liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or oÙlerwise modify amortization of Ù1e sums secured by Ùlis 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, WÍÙ10Ut limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less Ùlan Ù1e amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Seyeral Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees Ùlat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs ùlÍs Security Instrument but does not execute Ùle Note (a "co-signer"): (a) is co-signing ù1is Security Instrument only to mortgage, grant and convey Ùle co-signer's interest in Ùle Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by ùlÍs Security Instrument; and (c) agrees Ùlat Lender and any oÙler Borrower can agree to extend, modify, forbear or make any accommodations WÍÙ1 regard to Ù1e tenus of this Security Instrument or the Note without the co-signer's consent. Subject to Ù1e provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under ùlÍs Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under ùlis Security Instrument. Borrower shall not be rekased from Borrower's obligations and liability under ùlÍs Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of ù1Ís Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for Ùle purpose of protecting Lender's interest in the Property and rights under ùlÍs Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express aUÙlOrity in ù1is Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If Ù1e Loan is subject to a law which sets maximum loan charges, and Ù1at law is tinally interpreted so Ùlat the interest or oÙler loan charges collected or to be collected in cOImection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tile charge to Ùle permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make ùlÍs refund by reducing Ùle principal owed under Ù1e Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wiÙlout 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 connection with this Security IllStrumeut must be in writing. Any notice to Borrower in connection WiÙl ùlÍs 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 shaU constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be ùle Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specíties a procedure for reporting Borrower's change of address, Ù1en Borrower shall only report a change of address through that specítied procedure. There may be only one designated notice address under ùlÍs Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by tirst class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in cormection wiù1 ùlÍs Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by ùlÍs Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under ù1Ís Security Instrument. o -6(WY) 10005} (j) Initials: lJ"A ~ Page 10 of 15 /~13 Form 3051 1/01 ";"-;".1:1 . ".'..'.'.','.:' .' ,~.'.' . ,:":n-o; :::; \j ...j r· n r-, r· 0 ") \... \...) \) J ."4 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of Ù1e jurisdiction in which Ù1e Property is located, All rights and obligations contained in ù1Ís Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow Ùle 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 Ùle event Ùlat any provision or clause of ùlÍs Security Instrument or Ùle Note contlicts with Applicable Law, such contlict sballnot affect oÙ1er provisions of this Security Instrument or the Note which can be given effect wiÙ10ut the contlicting provision. As used in this Security Instrument: (a) words of Ùle masculine gender shall mean and include corresponding neuter words or words of Ù1e feminine gender; (b) words in Ùle singular shall mean and include Ù1e plural and vice versa; and (c) Ù1e word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of Ùlis Security Instmment. 18. Trausfer of the Property or a Beneficial Interest in Borrower. As used in ùlÍs Section 18, "Interest in Ù1e Property" means any legal or beneficial interest in the Property, including, but not limited to, Ù10se benetîcial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of Ùle Property or any Interest in Ù1e Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) WiÙlOut Lender's prior written consent, Lender may require immediate payment in full of all sums secured by ùlÍs Security Instmment. However, ù1Ís option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises ùlÍs option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by ù1Ís Security Instrument. If Borrower faiJs to pay Ù1ese sums prior to Ùw expiration of ù1Ís period, Lender may invoke any remedies permitted by this Security Instrument WÏù10ut further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have Ù1e right to have enforcement of ùlÍs Security Instmment discontinued at any time prior to the earliest of: (a) tìve days before sale of Ùle Property pursuant to any power of sale contained in ù1Ís Security Instnllllent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing ùÜs Security Instrument. Those conditions are Ù1at Borrower: (a) pays Lender all sums which Ùlen would be due under ùlÍs Security Instrument and Ùle Note as if no acceleration had occurred; (b) cures any default of any othc:r covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in Ù1e Property and rights under ùÜs Security Instrument; and (d) takes such action as Lender may reasonably require to assure Ùlat Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay Ù1e sums secured by ù1is Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement SUlllS and expenses in one or more of Ùle following forms, as selected by Lender: (a) cash; (b) money order; (c) certitîed 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, 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 occurreò. However, this right to reinstate shall not apply in Ù1e case of acceleration under Section 18, 20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in Ùle Note (togeÙler WiÙl this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in Ù1e entity (known as Ùle "Loan Servicer") Ù1at collects Periodic Payments due under the Note and this Security Instmment and performs other mortgage loan servicing obligations under the Note, this Security Instmment, and Applicable Law. There also might be one or more changes of Ù1e Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state Ùle name and address of the new Loan Servicer, Ùle address to which payments should be made and any other information RESP A G -6(WY) (0005) ® Page ì 1 of 15 Initi"l.. ../) f..6 - ~ø, Form 3051 1/01 ,'¡~c;i,-';'i;'-.'.;"" . i.:.':.:.:.,.;,',':" ,-, n (' f;¡ 0, 3 , '. U ~¡ D . '. :~'I {j :9 requires in connection wiù1 a notice of transfer of servicing. If Ùle Note is sold and thereafter the Loan is serviced by a Loan Servicer other than Ù1e purchaser of the Note, Ù1e 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 Ù1e Note purchaser unless oÙlerwise provided by the Note purchaser. NeiÙ1er Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or Ù1e member of a class) that arises from the other party's actions pursuant to ùÚs Security Instrument or Ù1at alleges Ù1at the oÙler party has breached any provision of, or any duty owed by reason of, ù1Ís Security Instrument, until such Borrower or Lender has notified Ù1e other party (wiÚ1 such notice given in compliance with Ù1e requirements of Section 15) of such alleged breach and afforded the oÚler pafty hereto a reasonable period after Ùle 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 fOf purposes of ùlis 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 Ú1e notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are ÙlOse substances detined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, oÙler flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of Úle jurisdiction where Ùle Property is located Úlat relate to health, 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 Ù1at can cause, contribute to, or oÙ1erwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or Ù1reaten to release any Hazardous Substances, on or in Ù1e Property, Borrower shall not do, nor allow anyone else to do, anything affecting Ù1e Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental Condition, or (c) which, due to tbe presence, use, or release of a Hazardous Substance, creates a condition Ùlat adversely affects Ùle value of the Property, The preceding two sentences shall not apply to Ù1e presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of Ùle Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) allY investigation, claim, demand, lawsuit or oÙler action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which 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 Ù1e presence, use or release of a Hazardous Substance which adversely affects Ù1e value of Ù1e Property. If Borrower learns, or is notified by any govenm1ental or regulatory au Ù10rity , or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. o -6(WY) (0005) <!> Initi_I.,M Page120f15 ;::¡3 Form 3051 1/01 ,r ::j,; {} S ",-. ,"\ ¡'" r,' 0 " ". i,j U CI '.I: NON-UNIFORM COVENANTS. Borrower and Lender furÙ1er covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's brcach of any covenant or agreement in this Secudty Instrument (but not prior to acceleration under Section 18 unless Applicable Law providcs otherwise). The noticc 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 sccured 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 coul"t action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the dtJault 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. 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 accordancc 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 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 ùlÍs Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing ùlÍs Security Instrument, but only if Ù1e fee is paid to a Ù1ird party for services rendered and Ùle charging of Ù1e fee is permitted under Applicable Law, 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. G ·6(WY} (0005) ® Initials: rIJ.,¡J, Póge130f15 Form 3051 1/01 I':Y3 - <}('['Q '." ,,!J...,g ,.., , !, "', r i'7 O· tt:: ·'.\¡\,iJ J BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants cOIltained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wi tnesses : JJIi~ j. Ak,~iI-- (Seal) -Borrower DALE L BLACKETT K (1/S-!:w ~. 8-et4k¡;t;t- (Seal) KRISTIE S BLACKETT ~Borrower (Seal) (Seal) -Borrower ~Borrower (Seal) (Seal) -Borrower ~Borrower (Seal) (Seal) ~Borrower -Borrower 0-6(WY) 10005) @ Póge140f15 Form 3051 1/01 ......'.....J..... . ,:. .(, ,i:) \jJ /, \..' !~... ~' I) C;. " ;:)L ~. STATE OF WYOMING, --r~+()n II ( I C~ I öS- County ss: The foregoing instrument was acknowledged before me this by DALE L BLACKETT AND KRISTIE S BLACKETT My COlllmission Expires: q -{ d -D 1 _ ?1Z, J..UJ. Q ~ Notary ~-W NOTARY PUBLIC LAURIE COE '<i:@'~ State ?1 County at 1'\~~,1,!~;~~Ð Wyoming ~3l?y Teton . . 'Expires 9/1212007 My CommIsSIon , C -6G[WYI (00051 ® Page 15 of 15 Initials: .¡]~- t:::6 . 1 Form 3051 1/01