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HomeMy WebLinkAbout914012 '0'1 \~ ~Ol :~:' :J 0 ,~, 5 9 ,... /( .:.,..,,.-- --'j Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W. WALNUT HILL LN, #200 MC 6712 IRVING, TX 75038 Prepared By: FIRST HORIZON HOME LOAN CORPORATION RECEIVED 11/28/2005 at 355 PM RECEIVING # 914012 BOOK: 606 PAGE: 59 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3505 EAST OVERLAND DRIVE MERIDIAN, ID 83642 [Spate AIJOve This Line For Recunling Data] MORTGAGE ~rrN 100085200560357446 0056035744 DEFINITIONS Words used in ll1ultipJe sections of this document are defined below and other words are defined in Sections 3, 11, ] 3, 18, 20 and 21. Certain rules regarding the usage of wor'cis used in this document are also provided in Slèction 16, (A) "Security Instrument" means ù1is document, which is dated October 21st, 2005 together with all Riders to this document. (B) "Borrower" is JANET SMITH , An Unmarried Woman " Borrower is ùle l1)ortgagor under ùlis Security Instrument. (C) "l\IERS" is Mortgage Electronic Registration Systems, Inc, ì\lERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, MEH,S is the mortgagee under this Security Instrument. tvfERS is organized and existing under Ùle laws of Delaware, and has an address and telephone number of p,O, Box 2026, Flint, tvIl 48501-2026, tel. (888) 679-ivfEl,(S, WYOMING -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form ,1051 1/01 C -6A(WY) (0005) @ Page 1 of 15 ,n,(~;~~":25 11111111111111111111111111111111111 VMP MORTGAGE FORMS· (800)521·7291 r'nn, 60' , ,01' \' '", ' '..1 '.,' \) u d:':; 4012 (D) "Lender" is FIRST HORIZON HOÞ1E LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated October 21st, 2005 The Note statts ùlat Borrower owes Lender FIFTY THOUSAND & 00/100 Dollars (D, S, $ 50, 000 ,00 ) plus interest. Borruwer has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later Ùlan DECEHB8R 1, 2035 (F) "Property" means the property Ùlat is described below under the heading "Transfer of Rights in the Property, " (G) "Loan" means thc debt evidenced by Ù1C Notc, plus intercst, any prcpaymcnt charges and late charges duc under thc Note, and all sums duc undcr Ùlis Sccurity Instrument, plus intcrest. (H) "Riders" means all Riders to Ùlis Sccurity Instrumcnt Ùlat arc executed by Borrower. The following Riders arc to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D Planned Unit Development Rider D Biweckly Payment Rider [iJ Sccond Home Rider D 1-4 Family Rider D OÙler(s) [specify] (I) "Applicable Law" means all controlling applicable fedcral, state and local statutes, regulations, ordinances and administrativc rules and orders (that have Ùle cffect of law) as well as all applicab1t: final, non-appealable judicial opinions, (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments ,lI1d other charges that are imposed on Borrower or Ùle Property by a condominÌLlIl1 association, hOllll'IJWners association or similar organization, (K) "Electronic Funds Transferll means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tenninal, tclephonic instrument, computer, or magnetic tape so as to ordcr, instruct, or aUÙlOrizc a financial institution to debit or crcdit an account. Such tcon includcs, but is not limitcd to, point-ofsaJe transfers, automated tcller machine transactions, transfers initiated by telephone, wire transfers, and autumated clearinghousc transfers, (L) "Escrow Items" means ÙlOse items that are dcscribed in Section 3, (1\1) "Miscellaneous Proceeds" means any compensation, settlemcnt, aw,lId of damages, or proceeds paid by any third party (other Ùlim insurance procecds paid under Ùle coveragcs described in Scction 5) for: (i) damage to, or destruction of, Ùle Property; (ii) condemnation or oÙlcr taking of all or allY part of thc Propc:rty; (iii) convcyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, Ùle value and lor conditiun of the Property, (N) "Mortgage Insurance" means insurance protecting Lender against Ùle nonpayment of, or dcfault on, thc Loan. (0) "Periodic Paymentl' means thc rcgularly scheduled amount due for (i) principal ane! interest under the Note, plus (Ii) any amounts under Section 3 of ùlÎs Sccurity Instrumcnt. (P) I'RESPA" means Ùle Real Estatc Settlemcnt Procedures Act (12 US C. Section 2601 et seq,) and its implementing rcgulation, Rcgulation X (24 C.F.R, Part 3500), as Ùley might bc amcnded from time to timc, or any additional or successor legislation or regulation that governs Ù1C Sil1lle subject mattcr. As usd in this Sccul'ity Instrument, "RESPA" rcfers to all requirements and restrictions tklt arc imposed in rc:gard to a "federally related mortgage loan" even if the Loan docs not qualify as a "feder;illy rclatl:d nlOrtg,ige loan" undcr RESPA, 0056035744 c:a -6A(WY) (0005) <!J Page 2 0115 "-, Initl~_ ,f/5¡ Form 3051 1/01 , ;'1') fl ,1.." 4)~ ~-' ".,~' ... ....t f"-4 ,. 'ì I'" " G\ "1 "., ':) tJ !~; .' 1 (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or no[ that party has asswlled Borrower's obligations under the Note alld/or this Security Instnmlent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extension., and J1loditications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the SllCceSSorS and assigns of MERS, with power of sale, the following described property located in [he County of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof, Parcel ID Number: County: 505 SAGE STREET COKEVILLE ("Property Acte!ress "): 12-2419-08-1-02-016 City: which currently has the address of [Street] [City] ,Wyoming 83111 [Zip Code] '. TOGETHER WITH all the improvements now or hereafter erected on tlle property, ane! all easements, appurtenances, and fixtures now or hereafter a part of tlle property, All replacements and additions shall also be covered by this Security Instrument. All of tlte foregoing is referred to ill this Security Il1strument as the "Property, " Borrower understands and agrees tllat ìvlERS holds only legal title to tlle interests granted by Borrower in this Security Instrument, but, if necessary to comply Witll law or custom, 'tvfEl<S (as nOlninee for Lene!er and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, tlle right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instnunent. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property ane! that dIe Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to ûle Property against all claims and demands, subject to any encumbrances of record, TIllS SECURITY INSTRUMENT combines unifon11 covenants for national use and non-unifon11 covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, 0056035744 G -6A(WY) (0005) <!J Page 3 of 15 tnit[!'I:/)<; > ·"'7r-- Form 3051 1/01 iff"'! .~ \" .JL It", r· }\,~ -. (," () " ',i U;" U .:v UNIFORJvl COVENANTS, Borrower and Lenda covenant and agree as fullows: 1. Payment of Principal, Interest, Escrow Hems, Prepayment Charges, and Late Charges. Borrower shall pay when clue ùle principal of, and intl:rest on, the debt evidenced by the Note :tlid any prepayment charges and late charges clue under the Note, Borrower shaJJ also pay funds for Escrow Heins pursuant to Section 3. Payments due under the Note and ù¡is ,c;;:curity Instrument shall be made in U.S, currency, However, if any check or oùler instrument received by Lender as payment under ùle Note or ùlis Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payrnents due under the Note ,Ind this Security Instrument be made in one or more of the following fOlll1S, 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 dtposits are insured by a kckral agency, instrumentaJity, or entity; or (d) Electronic Funds Transfer. Payments are dttmed received by Lender when received at Ùlê location dtsignated in Úle Note or at such oÚler location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender may return any payment or partial paY11lènt if the paYJ1lent or partial payments art insufficient to bring Úle Loan current. Lender may accept any payment or partial paYI1lè'nt insufticiè'nt to bring the Loan current, without waiver of any rights hereunder or pœjudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at Úle time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, Ú1en Lemler need Ilut pay interest on Ul1<lppJied funds Lender may hold such unapplied funds until Borrower makes paymei1t to bring the Loan current. Jf Borrower does not do so within a reasonable period uf time, Lender shall eiù1er apply such funds ur return Úlem to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making paymc:nts due under Ú1e Note and this Sè:curity Instrument or performing the covenants and agreements secured by Ú1is Security Instrument. 2, Application of Payments or Proceeds, Except as otherwise described in this Section 2, a]] payments accepted and applied by Lender shall be applied in the fo]]uwing order of priority: (a) intercst due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periudic Payment in the order in which it beuune due, Any remaining ,unounts shall be applied first to late charges, second to any oÚ1er amounts due under this Security Instrument, and Ú1en tu reduce the principal balance of ùle Note, If Lender receives a payment !i-om Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to Ú1e extent Ú1at, each payment can be paid in full. To the extent Úl,¡[ any excess exists after the paymellt is applied to ù1e full payment of one or more Periodic Payments, such excess may be applied to any latt charges due, Voluntary prepaymtnts shall be applied first to any prepayment charges and Úlen as described in the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note sllallnot extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on Úle day Periodic Payments are clue under Ú1e Note, until Úle Note is paid in full, a sum (tIle "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold paymtl1ts or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lendc:r in litu of the payment of Mortgage Insurance premiums in accordance with Ú1e provisions of Section 10, These items are called "Escrow Items" At origination or at any time during Úle tenn of Ú1e Loan, Lender may require Ú1at Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be p:lid under this Sectioll. Borrower shall pay Lender the Funds for Escrow Items unkss 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, ù1e amounts due for any Escrow Items for which payment of G -6A(WY) (0005) @ Page 4 of 15 / "1.--- Inìtì~l~ ")~) , -'~U- Form 3051 1/01 \ I '{~.I, {',l1j,,; '); ~.t; ,::~ .'.....;. ~~.~J. ~L.o~,..j ,-., ,-, n "6 t') "..1\.1 lV' .) Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lem!èr Iliay 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 ßorrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Burrower 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 aJllount (a) sufficient to permit Lender to apply the Funds at the time specitied under RESP A, and (b) not to exceed the maximum amoullt a lender can require under RESPA. Lender shall estimate ùle w]]ount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instnul1enlality, or entity (including Lender, if Lender is an institutioll whose deposits are so insured) or in any Feckral Home Loan Bank, Lender shall apply Ùle Funds to pay the Escrow Items no later Ù]an tile 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 alld Applicable Law penlJits Lender to make such a charge, Un]ess an agreement is made in writing or Applicable Law requires interest to be paid on Ùle Funds, Lender shall not be required to pay Borrower any interest or earnings on Ùle Funds, Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds Lender shall give to Borrower, wiùJOut charge, an annual accounting of the Funds as required by RESPA. If Ùlere is a surplus of Funds held in escrow, as ddined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds heJd in escrow, as detined under RESPA, Lender shaH notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than ] 2 monthly payments, If there is a deficiency of Funds held in escrow, as detined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the mnount necessary to make up the deficiency in accordance wiù] RESPA, but in no more ùlan 12 monùlly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable lU Ùle Property which can attain priority over ùlis Security Instrumellt, leasehold payrnents or ground rents on Ùle Property, if any, and Community Association Dues, Fees, and Assessments, if any, To the extent that ùlese items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to Ùle payment of Ùle obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfoDlling such agreement; (b) contests ùle lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while ÙlOse proceedings are pending, but only until such proceedings are concluded; or (c) secures from ùle holder of ù]e lien an agreement satisfactory to Lender suborriinLlting Ùle lien to this Security Instrument. If Lender deteDllines ùlat any part of the Property is subject to a lien which (';ill attain priority Over this Security Instrument, Lender may give Borrower a notice identifying Ùle lien, Within 10 C -6A(WY) (0005) ® Page 5 of 15 In¡lialf _)<5 -'-{I Form 3051 1/01 t'¡, /ti ~~ __ .... ~.""'-OI (.... ;-o.,..., 6,1', I \'_ I.'; '.' ',.I \.,1'...., 'J.: days of the date on which that notice is given, Borrower shall satisfy ù1e lien or take one or more uf 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 wiÙI Ùlis loan, 5. Property Insurance. Borrower shall keep Ù1e improvements now existing or here,dkr ert'Lled on the Property insured against Joss by tire, hazards included within Ù1e term "extended coverage," and any other hazards induding, but not limited to, earthqu~¡kes and t1oods, for which Lender requires insurance, This insurance shall be maintained in t!it ,unounb (including deductible kvels) and tÚr the periods that Lemler requires. What lender requires pursuant to the preceding sentences can change during the term of the loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably, Lender may require Borrower to pay, in connection WWI this loan, either: (a) a one-time charge for t100d zone determi ¡Iation, certitication and tracking services; or (b) a one-tinle charge for t100d zone detenJ1i nation ,md certi t¡cation services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification Borrower shall also be responsible for the payment of ,II\Y fees imposed by tIle Federal Emergency I\lanagement Agency in connection with the review of any J100d zone detennination 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 uncleI' 110 obligation to purchase any particular type or cunount of coverage, Therefore, sucl! coverage shall cover lender, but might or might not protect Borrower, Borrower's equity in ù1e Property, or Ùle contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in efkct, Borrower acknowledges that the cost of the insurance coverage so obtained Illight signiftcantly exceed the L'(ISl of insurance tl1at Borrower could have obtained, Any CU110unts disbursed by lender under tl1jS Section 5 shall become additional debt of Borrower secured by ù1is Security Instrument, These CU110unts 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 renewa1s of such policies shall be subject to lender's right to disapprove such policies, shall include a standard mortgage clause, and shall ncune Lemler as mortgagee and/or as an additional loss payee, lender shall have tl1e right to hold the policies and renewal certiticates, If lender requires, Borrower shall promptly give to lender all receipts of paid premiums and renewal notices, If Borrower obtains any fom1 of insurance coverage, not otherwise required by Lcnder, for dcu]]age to, or destruction of, Ùle Property, such policy sha]] include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional Joss payee, In the event of loss, Borrower sha]] give prompt notice to the insurance carrier alld lender. lender may make proof of Joss if not made promptly by Borrower. Unless lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by lender, shall be applied to restoration or repair of ùle Property, if the restoration or repair is econornically feasible and lender's security is not lessened, During sLlch repair and restoration period, Lender shall have the right to hold such insurance 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 disburse proceeds for ùle repairs and restoration in a single payment or in a series of progress payments as tlle work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be Ù1e sole obligation of Borrower. ]f the restoratiun or repair is not economically feasible or lender's security would be lessened, the insurance proceeds sha]] be applied to ~ -6A(WY) (0005) ® Page 6 0115 )í" / c- Inìlialt_,,) Form 3051 1/01 , ~ì2 -"'" ..'\ .''''\ .. . ~ \..} G\ .'- OJ )'--.J' the sums secured by ù1Îs Security Instrument, wlltther or not then due, with Ùle excess, if any, paid to Borrower. Such insurance proceeds shall be applied in ùle order provided for in Section 2, If Borrower abandons ùw Property, Lender may tï1e, negotiate and settle any available insurance claim and related matters, If Borrower does not respond witJlÎn 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, tilen Lender may negotiate and settle tile claim, The 30-day period will begin when the notice is given, In eiùler event, or if Lender acquires the Property under Section 22 or otilerwise, 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 (oÙler Ùlan ùle right to any refund of unearned premiums paid by Borrower) unda all insurance policies covering the Property, insofar as such rights are applicable to Ùle coverage of the Propèfty, Lender may use tile insurance proceeds eiùler to repair or restore tile Property or to pay ,U1lOunts unpaid under the Note or this Security Instrwllent, whetiler or not then due, 6. Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after tile execution of Ùlis Security Instrument and shall continue to occupy Ùle Pruperty as Borrower's principal residence for at least one year afta the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless eXlenu,lting circulllstances exist which are beyond Borrower's control. 7. Preservation, 1\ faintemU1ce and Protection of the Property; Inspections, BOITowl·r shall not destroy, damage or impair the Property, allow tile Property to deteriorate or commit waste on the Property. Wheùler or not Borrower is residing in ùle Property, Borrower shall maintain the Property in order to prevent Ùle Property from deteriorating or decreasing in value due to its condition, Unless it is deteI1nilled pursuant to Section 5 ù1at repair ur 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 the taking of, the Property, Borrower shall be responsible for repairing or restoring tile Property only if Lender has released proceeds for such purposes, 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, If ùle insurance or condemnation proceeds are not suftïciellt to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of sllch repair 01' restOl'atioll. Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause, Lender may inspect the interior of the improvements on ùle Property, Lender shall give Borrower notice at ti1e 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 tile direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infollnation or statements to Lender (or tililed to provide Lender with material infoI11lation) in connection wiùl the Loan. Material representatiolls 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 Property and Rights Under this Security Instrument. If (a) Borrower faiJs to perfonu the covenants and agreements contained in Ùtis Security Instrument, (b) ùlere is a legal proceeding ùlat might significantly affect Lender's interest in the Property and/ol' rights under this Security Instrwuent (such a, a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in ùle Property and rights under this Sc'cllrity Instrument, including protecting and/or assessing tile value of ùle 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 ùlis Security Instrument; (b) appearing in court; and (c) paying reasonable Q -6A(WY) (0005) @ Page 7 0115 Inllial{ )~ V Form 3051 1/01 ~ j~r'" ....;.~ ,¡¡-:.s '.¡J .fL¡t,.,¡ (-\ :"'\ !""':. c· (~ ',) \,} '" D U attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding Sec:L1I jllg 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 other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obJigation to do so, It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9, Any amounts disbursed by Lender under tl1Ís Section 9 shall become additional debt of Borrower secured by tllis Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payahle, witll such interest, upon notice from Lender to Borrowér requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to tile Property, tile leasehold and the fee title shall not merge unless Lender agrees to tile merger in writing. 10, Mortgage Insurance. If Lender required 'î\fortgage Insurance as a condition of making the Loan, Borrower shall pay tile premiums required to maintain the Mortgage Insurance in effect. If, for any reason, tile Mortgage Insurance coverage required by Lender ceases to be available frum tile mortgage insurer that previously provided such insurance and Borrower was required to make separately design;\ted payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantiaHy equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shaH continue to pay to Lender the amount of tile separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain tlJese payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such Joss reserve shaH be nOlHefundable, notwitbstanding the fact that tile Loan is ultimately paid in fuH, and Lender shaH 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 the ~U1lOunt and for tile period that Lender requires) provided by an insurer selected by Lender again bc'l'(1meS available, is obtained, and Lender requires separately designated payments toward the premiums for MlJrtgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward tile premiums for Mortgage Insurance, Borrower shaH pay tile premiums required to maintain Mortgage Insurance in effect, or tu provide a nOIHefundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or unti1 termination is required by Applicable Law, Notl1ing 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 Ulat purchases tl1e Note) for certain losses it may incur if Borrower does not repay tl1e Loan as agreed, Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with otl1er parties that share or modify tlleir risk, or reduce losses, These agreements are on terms and conditions that are satisfactory to tile 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 tile mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of tl1ese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any otller entity, or any affiliate of any of tl1e foregoing, may reœive (directly Dr indirectly) amounts tllat derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insmance, in exchange for sharing or modifying tile 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 the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance," Further: (a) Any such agreements will not affect the ~Unounts that Borrower has agreed to pay for IVfortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for 'Mortgage Insurance, and they wiH not entitle Borrower to any refund, Q -6A(WY) (0005) ® Page 8 0115 ~""'.¿ Initials( " ,,:;; , I Form 3051 1/01 r-' '~~'~ {:' " r ~'J '" v ¡ " ¥ >t:} j"l"" , ..' '-~' " (b) Any such agreements will not affect the rights Borrower has - if any - with r('sped to the Mortgage Insurance under the Homeowners Protection Act of 1998 or :II1Y other law, These rights may include the right to receive certain disclosures, to request and obtain cancellation of the I\fortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any IVfortgage Insurance premiums that weri: unearned at the time of such cancellation or termination. 11. Assignment of I\Jiscellaneous 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 tn restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not Jessened, During such repair and restoration period, Lender shall have Ùle right to h01d such tvfisctJlaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been cornpleted to Lender's satisfaction, provided Ùl,!I such inspection shall be undertaken promptly, Lender may pay for Ùle repairs and restoration in a single disbursement or in a series of progress payments as Ùle 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 J\1iscellaneous 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 Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2, In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnunent, wl1cÙler or not tllen due, Wiùl Ù1e excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of ù1e Property immediately before the partial taking, destruction, or Joss in value is equal to or greater than Ùle amount of the sums secured by Ù1is Security Instrun1ènt immediately bd()re the partial taking, destruction, or Joss in value, unless Borrower and Lender oÙlerwise agree in writing, Ùle sums secured by this Security Instrument shall be reduced by Ùle amount of Ùle Miscellaneous Proceeds multiplied by Ùle following fraction: (a) Ù1e total (Unount of Ù1e sums secured immediately before Ù1e partial taking, destruction, or Joss in value divided by (b) ùle fair market value of the Property immediately bèfore the partial taking, destruction, or loss in value, Any balance shall be paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less thall the amount of the sums secured immediately before Ùle partial taking, destruction, or loss in value, unlc:ss Borrower and Lender otherwise agree in writing, Ùle Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnunent whether or not the sums are Ù1en due, If Ùle Property is abandoned by Borrower, or if, after notice by Lender to Borrower that ùle Opposing Party (as detìned in the next sentence) offers to make an award to settle a claim for d;U1lages, Borrower fails to respond to Lender wiùlÎn 30 days after Ùle date Ù1e notice is given, Lender is aUÙ10rizèd to collect and apply the Miscellaneous Proceeds either to restoration or repair of Ù1e Property or to the sums secLlI't'C1 by Ù1is Security Instrument, whether or not ùlen due, "Opposing Party" means Ù1e Ùlird party that owes Borrower ~vfiscellaneous Proceeds or Ùle party against whom Borrower has a right of action in regard to tvliscellaneous Proceeds, Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun Ùlat, in Lender's judgment, could result in forfeiture of Ùle Property or oÙler material impairment of Lender's interest in the Property or rights under Ù1is 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 disrnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in Ùle Property or rights under this Security Instrument, The proceeds of any alVaI'd or claim for d;U1lages Ùlat are attributable to Ùle impaim1ent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shaH be applied in the order provided tor in Section 2, ~ -6A(WY) (0005) @ Initì9)s: :7<)- (I Form 3051 1/01 Page 9 0115 '" ;~ j ..~~ <.._ .:.·,i. ~t2 ..-, ,'" (~ 'ì .: '¡j ',_,) 0 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or moditication of amortization of tile sums secured by this Security Instrument gral1led by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release tilt liability of Borrowtr or any Succe:ssors in Interest of Borrower. Ltnder shall not be required to commence proce:edings against any Succe:ssor in Interest of Borrower or to refuse to extend time for payment or otherwise modify aJJlortization of the sums secured by this Security Instrument by reason of any demand made by tile ori;;inal Borrower or any Successors in Interest of Borrower. Any forbearance: by Lender in exercising any right or remedy including, without limitation, Lender's acce:ptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less tlmn tl1e amount then due, shall not be a waiver of or preclude tile extrcise of any right or remedy. ] 3, 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 tllis Security Instrument but does not execute the Note (a "co~signer"): (a) is co~signing this Security Instrument only to mortgage, grant and convey tlle co~signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations witl1 regard to the tenm of tl1is St'lLJrity Instrument or tile Note witlJOut tile co~signer's consent. Subject to t!le provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's olJligations under tllis Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Burrower sha1l not be rekased from Borrower's obligations and liability under tllis Security Instrument unless Lender agrees to such release in writing, The covenants and agreements of tl1is Secmity Instrument shall bind (except as provided in Section 20) and beneìit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in cIJllllection with Borrower's default, for tl1e purpose of protecting Lender's interest in the Property and rigId:; under tllis Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fres. In regard to any other fees, tile absence of express autllurity in this Security Instrument tu charge a specific fee to Borrower shall not be construed as a prohibition on the charging uf such fee, Lender may not charge fees tllat are expressly prohibited by this Security Instrument or by Applicable Law, If the Loan is subject to a law which sets maximum II ';In charges, and that law is Jim¡]ly interpreted so tl1at tile interest or other loan charges collected or to be collected in connt'ction with the Loan exceed the pemlitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the' cllarge to tl1e permitted limit; and (b) any sums already collected from Borrower which excerded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by œducing the principal owed under tile Note or by making a direct payment tu Borrower. 1f a refund reduces principal, the redllction will be treated as a partial prepayment without any prepayment charge (whetller or not a prepaywent charge is provided for under tile Note), Borrower's acceptance of any such refund made by direct payment to Borrower wi1l 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 Instrument must be in writing, Any notice to Borrower in connection wit]1 tllis Security Instrument sha1l be deemed to have been given to Borrower when mailed by tirst 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 App1icable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lemler. Borrower sha1l promptly notify Lender of Borrower's change of address, If Lender specities a procedure for reporting Borrower's change of address, tl1en Borrower shall on1y report a change of address tllrough that specitied procedure, There may be only one designated notice address under this Security Instrument at anyone time, Any notice to Lender shall be given by delivering it 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 connection Witll tllis Security 1nstrl1ment shall not be deemed to have been given to Lender until actually received by Lender. 1f any notice required by tltis Security Instrument is also required under Applicable Law, tl1e Applicable Law rèql1irement will satisfy tile corresponding requirement under this Security Instrument. <G -6A(WY) (0005) ® Page 10 of 15 , J¿- InilialS( "', I " ~~ Form 3051 1/01 5 .~- _t~ [""'(~('._,.. (:n " '.' ,}"" \) J " 16, Governing Law; Severability; Rules of Construction, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which tbe Property is located, All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument ur Ù1e Note contlicts Wiù1 Applicable Law, such contlict shall not affect other provisions of this Security Instrument or Ù1e Note which can be given effect wiù10ut the cont1icting provision, As used in ùlis Security Instrument: (a) words of ù1e masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in ùle singular shall mean and include Ù1e plural and vice versa; and (c) ùle word "may" gives sole discretion WiÙl0ut any obligation to take any action, 17, Borrower's Copy, Borrower shall be given one copy of ù1e Note and of ùlis Security lustrument. 18, Transfer of the Property or a Beneficial Interest in Borrower, As used in this Section 18, "Interest in the Property" means any legal or beneticial interest in the Property, including, but not limited to, ÙlOse benefici:,l 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 the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceJeration, The notice shall provide a period of not less ùlan 30 days from the date Ùle notice is given in accordance with Section 15 wiÙlin which Borrower must pay all SUlns secured by this Security Instrument, ]f Borrower fails to pay ùlese sums prior to ùle expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument wi thout 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 this Security Instrument discontinued at any time prior to Ùle earliest of: (a) tive days before sale of Ùle Property pursuant to any power of sale contained in this Security Instrument; (b) such oÙler period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enfmcing ùlÎs Security InstrLlllltnt. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under ùlis Security Instrument and ùle Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing ùlis Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and oÙler fees incurred for the puqxJse of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lelllitr may reasonably require to assure that Lender's interest in the Property and rights under this Security lnstrulllent, and Borrower's obligation to pay Ù1e sums secured by tJlÎs Security Instrument, shall continue unchanged, Lender may require Ùlat Borrower pay such reinstatement sums and expenses in one or more of ûle following forms, as selected by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check or . cashier's check, provided any such check is drawn upon an institution 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 accelecltion had occurred, However, tllÎs right to reinstate shall not apply in the case of acceleration under Section 18, 20, Sale of Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest in the Note (togeùler wiù1 this Security Instrument) can be sold one or more times WiÙlout prior notice to Borrower. A sale might result in a change in the entity (known as the" Loan Servicer") Ùlat collects Periodic Payments due under Ù1e Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, ù1is Security InstrLllnent, and Applicable Law. There also might be one or more changes of Ùle Loan ServiceI' unrelated to a sale of the Note, If there is a change of Ùle Loan Servicer, Borrower will be given written notice of Ùle change which will state ûle name and address of the new Loan Servicer, the address to which payments should be made and any other infol11lation RESPA requiI't:S in connection with a G -SA(WY) (0005) @ Page11 of 15 ,.'¡ ~') Initia,s:tr Form 3051 1/01 " ~ ":'~ .L¡;·4/ ,", J-~. ,...... ;v:,} ;"'.... .,' \J ,__ ¡ U notice of transfer of servicing, If the Note is sold and thereafter the Loan is serviced by a Loan Servicer uù¡er tlwn the purchaser of tlle Note, the mortgage ]oan servicing obligations tu Borrower wi]] remain WiÙl 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 comlllence, join, or be joined to any judicial actiun (as eithEr an individual litigant or tlle member uf a class) that arises from tlle oLher party's actions pursuant to this Security Instrument or that alleges that the otller party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lellller has notified the otller party (Wilh such notice giwn in compliance with the requirements of Section l5) of such a]]eged breach and afforded the uÙler party hereto a reasonable period after tlle giving of such notice to take corrective action, If App]icable Law provides a time period which must elapse before certain action can be taken, tllat time period wi]] be deemed to be reasonable for purposes of tllÌs paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and tlle notice of acceleration given to Borrower pursuant to Section l8 sha]] be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 11. Hazardous Substances, As used in tl1is Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, po]]utants, or wastes by Environmental Law and the fo]]owing substances: gasoline, kerosene, otller flmnmable or toxic petroleum products, toxic pesticide:s and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radiuactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to healtll, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedi,tl action, or removal action, as detined in Environmental Law; and (d) an "Environmental Condition" means a condition tllat can cause, contribute to, or othèl'\\'ise trigger an Environmental Cleanup, Borrower shall not cause or pennit Ù1è presence, use, disposal, storage, or release of any Hazardous Substances, or tllreaten to release any Hazarduus Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Envirorullental Condition, or (c) which, due to tile preSel1L'l:, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property, The preCeding two sentences shall not apply to tlle presence, use, or storage on Ùle Pmperty of smaJl quantities of I !azardous SubstanCes tllat are generally recognized to be appropriate to nonnal residential uses amI to maintenance of tlle Property (induding, but not limited to, hazardous substances in consumer products), Borrower shaJl promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or pri vate party invol vi ng the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmenta] Condition, including but not limited to, any spilling, leaking, discharge, release or tllreat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or n~lease of a Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is notified by any governmental or regulatory au tl10rity , or any private party, tl1at ímy 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, <a -6A(WY) (0005) @ Page 1201 15 Inilia~.=_)S " Form 3051 1/01 ;., 'Ii 2 r\ t:~ , \.: :.... ''',11'' . ' NON-UNIFORM COVENANTS, Borrower and Lender furÙler covenant and agree as follull's: 22. Acceleration; Remedies, Lender shaH gire 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 gi\'en to Borrower, by which the default must be cured; and (d) that failure to cllre 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 shal1 further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existem:e of a default or any other defense of Borrower to acceleration and sale, If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of al1 sums secured by this Security Instrument without further demand and may it1\'oke the power of sale and any other remedies permitted by Applicable Law, Lender shal1 be enlilled to collect all expenses incurred in pursuing the remedies prorided 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 AplJlicable 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 persoll or persons legally entitled to it. 23, Release. Upon payment of all sums secured by this Security Instrument, Lender shall re1ease this Security Instrwnellt. Borrower shall pay any recordation costs, Lender may charge Borrower a fee for releasing ù1is Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law, 24. "'aivers, Borrower releases and waives all rights under and by \'irtue of the homeslead exemption " laws of \Vyon1ing. C -6A(WY) (0005) @ Page 13 of 15 Inillals( ,)5 , Form 3051 1/01 r\ ,rì n, ~'):') ,. " I \: \... I 1-., BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants containt:d 111 this SecurÍly Instrument and in allY Rider executed by Borrower and recorded with it. Witnesses: (Seal) - Burrower (Seal) -Borrower (Seal) -Borrower 0056035744 c:a-6A(WY) (0005) ® , n_ )" I '-'~'~~'" ~:,- Page 140115 .~ ,~!' '- ""':_'>-"'J", /,( - ~,~,_~S,eal) J'~ ... ,Burro vel' _ __ (Seal) -Burrower "__~__ (Seal) -Burrower (Seal) -Borrower ( Seal) - Burrower Form 3051 1/01 " .' 5 . (~, ~l;'¿, r" (\ (.~. ". f"1 f") , . ':. ," ,',- '.' -,' I: V . ..) STATE OF WYOMING, LINCOLN County 55: The foregoing instrw11ent was acknowledged before me this 21st day of November, 2005 by JANET SMITH My Commission Expires: n¡ J fu J J'-?C~p Notary Public~C'-'l" February 2, 2006 r-- S¡;,~~ËŸ~~;;;~L-:- ;j~T;~~;';:UL,^<uc l' Ç¡Aþ~~~¡t "t ::;~ ~,tl:LJ ?( il!~'J¡I. . ~ . ,:\ip) h\'':''','.J'n¡J .,._,_____,.__~~:~¡ir~______.___ 0056035744 cG -6A(WY) (0005) @ ).cê InitiAls,: ,/) -~·V~· Form 3051 1/01 Page 150115 ", ~ ~.~ ~~~ , '- r-' (\ ('\ r-f') I r '.. ',,' ~:. .~ ~.J . '.1 0056035744 EXHIBIT "A" Part of Section 8, T24N Rl19W of the 6th p, M., Lincoln County, Wyoming, being more particularly described as follows: Beginning at the Southwest corner of Block 15 as shown of the plat of Heuett Addition to the Town of Cokeville, Lincoln County, Wyoming and running thence S 0°55' W, 60 feet; thence S 89°00' E, 406.9 feet; thence N 18°02' W, 63.5 feet; thence N 89°00' W, 386.4 feet to the place of beginning. LESS AND EXCEPT the land contained in Quit Claim Deed recorded January 29, 1996 in Book 379PR on page 438 of the records of the Lincoln County Clerk. ,Jo:;, fì, _~L ~ .:'~;. {~ t'! f'r,. .j t J SECOND HOME RIDER THIS SECOND HOME RIDER is made this 21st day of October, 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to FIRST HORIZON HOME LOAN CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: 505 SAGE STREET COKEVILLE, WY 83111 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6, Occupancy, Borrower shall occupy, and shall only use, the Property as Borrower's second home, Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. " 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 the Loan, Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home, 0056035744 MULTISTATE SECOND HOME RIDER - Single Family Fannie Mae/Freddie Mac ~~rl~~~~ol~¡~~RUMENT Page 1 of 2 Initia~: ,"}s ~ G-365R (0411) VMP Mortgage Solutions, Inc, (800)521-7291 '77 ® 11111111111111111111111111111111111 "...~ ,...... ¡_n-1 irt, :,,: \} '0' ¡ ;Ú ,." '.' )1.. ;4¡ BY SIGNING BELOW, Borrower accepts and agrees, to the terms and covenants contained in this Second Home Rider. /""~''''''''-'-~ f ~ - /" , ~ . ..~-.. -.., .,. .:..~-..~ '", ~_. ,··L '- .'.--...< .--¡- C__.. JANET"-f ~;~~., ',d,:~/,¿ (vI -8dr~~::I; (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ,__ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0056035744 ~.365R (0411) ® Page 2 of 2 Form 3890 1/01