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Home My WebLink About914492 :i!{U¡?~¡j;¡jm:\ l -- r., !Î r ["' ." 11 ',' ',), Ü / .L Return To: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, M.N 55121 Prepared By: BW MORTGAGE, LLC RECEIVED 12/16/2005 at 11 :56 AM RECEIVING # 914492 BOOK: 607 PAGE: 621 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 808 3RD AVE SOUTH { , FARGO { ND 581030000 [Splice ALove This Line For Recording Dlita] MORTGAGE ~ ~ \~ DEFINITIONS " '1.1 Words used in multiple sections of this document are detìlled below and oilier words are defined iJl Sections 3, 11, 13, 18, 20 aIld 21. Certain rules regarding the usage of words used iJl ùÜs document are also provided in Section 16. (A) "Security Instrument" means this docwnent, which is dated NOVEMBER 30, 2005 togeùler with all RidèIS to this dOCUllleUt. (ß) "Borrower" is KASEY C. KINGf A SINGLE PERSON / (t /', 1·..// J Borrower is the mortgagor under iliis Security Instrument. (C) "Leqder" is BW MORTGAGE, LLC Lender is a LIMITED LIABILITY COMPANY organized and ex.isting under ùle laws of THE STATE OF DELAWARE 0060879046 WYOMING·Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 O@-6(WY¡ 100051/ -/ Page 1 of 15 InitialS:U ' VMP MORTGAGE FORMS· 18001521·7291 J'" '0 "'1... ¡'-~ 11 {} ":) '",1 ;3 ~,_" -i: L", J i!C..3 ('I Ii r ,","\ ", ^ , ' I· . .; " ;"'" .~.. \) \. U .(.,..,...., Lender's address is P.O. BOX 10304, DES MOINES { IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means the pronússory note: signed by Borrower and datedNOVEHBER 30, 2005 The Note states that Borrower owes Lender EIGHTY EIGHT THOUSAND THREE HUNDRED FIFTY AND 00/100 Dollars (U .S. $ * * * * * 8 8, 350 .00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEHBER 01, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges aud late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means al1 Riders to this Security Instrument that are executed by Borrower. The fol1owing Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Bal100n Rider D VA Rider D Condonúlúum Rider D Second Home Rider D Plarmed Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable tinal, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed 011 Borrower or the Property by a condominium associatiou, homeownas association or similar organization. (J) "Electronic Funds Transfer" means any transfer of fUllds, other than a transaction originated by check, draft, or similar paper instnuHent, which is initiated through an electronic terminal, te1elJhonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a tinancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscel1aneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor coudition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) IIRESPA" 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 they núght be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instnullent, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. G ,6(WY) (00061 <!> Page 2 of 16 InitiaIS:µ' Form 3051 1/01 ~!f¡i¡I¡~IjI:j¡I¡¡;!i:-: ..1"",·.:>:".,.., J' C. -:', 1\1 1'¡.(~2. (J,3 ~L·'-4·'''Ù ," (ì r,· G·' (', ') ',' .) \. <." '-' (I') "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of tile Loan, and all renewals, extensions and moditications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For dlis purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdictionl [Name of ReconJillg Jurisdiction] LOT EIGHT (8) OF BLOCK ONE (1) OF THE LINCOLN HEIGHTS 2ND SUBDIVISION TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMINGf AS SURVEYED { PLATTED AND RECORDED. THIS IS A PURCHASE MONEY SECURITY TAX STATEMENTS SHOULD BE SENT TO: 10304, DES MOINES, IA 503060304 INSTRUMENT. WELLS FARGO HOME MORTGAGE, P.O. BOX Parcel ID Number: 21162311014900 1132 SORENSEN DRIVE KEMMERER ("Property Address"): which currently has tile address of [Street] [CilY J , Wyoming 83101 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and tixtures now or hereafter a part of the property. All replacements and additions shall also be covaed by dÜs Security Instrument. All of dle foregoing is referred to ill d1Ìs Security Instnllnent as dle "Property." BORROWER COVENANTS d¡at Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to tile Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nOIHu1Ífonn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real pro perty . UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Pdncipal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due tile principal of, and interest on, the debt evidenced by tile NrJte and any prepayment charges and late charges due under tile Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security InstnlJllL~Jlt shall be made ill U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this ~ ·6(WY) (0006) ® Page 3 of 16 Initials: /k. ~ r / Form 3051 1/01 , .. ""2 :. .,[. /:", ,~~ /"! " ¡'. - ~.j :~:;, L ~-~ L.~' J n /", /". 6 (" /1 \_~ ~) t. . ;G 'f Security Instrument is returned to Lender unpaid, Lender may require Ulat any or all subsequent payments due under tile Note and Ulis Security Instrument be made in one or more of the 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. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as Illay be designated by Lender in accordance with Ule notice provisions ill Section 15. Lender may return any payment or partial payment if the payment or partial payments are insuniciellt to bring the Loan current. Lender Illay accept allY payment or partial payment insufticient to bring the Loan current, wiUlOut waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at tile time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, tilen 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 wiOlin a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to Ule outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower Illight have now or in the future against Lender shall relieve Borrower from making payments due under Ule Note and Ulis Security Instrument or performing Ule covenants and agœements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under tile Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in Ule order in which it became dne. Any remai ning amounts shall be applied tirst to late charges, second to any other amounts due under this Security Instrument, and Ulen to reduce the principal balance of dIe Note. If Lender receives a payment ÍÌ'uur Borrower for a delinquent Periodic Payment which includes a sufticient amount to pay any late charge due, dIe payment Illay be applied to Ule delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to dIe repayment of the Periodic Payments if, and to dIe extent that, each payment can be paid in full. To the extent U1at any excess exists after dIe payment is applied to dIe 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 Ulen as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone dIe due date, or change dIe amount, of the Periodic Payments. 3. Funds for Escrow Items. Burrower shall pay to Lender on the day Periodic Payments are due under tile Note, until Ule Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and odler items which can attain priority over dlis S\:curity Instrument as a lien or encumbrance on dIe Property; (b) leasehold payments 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 Lender in lieu of the payment of Mortgage Insurance premiums in accordance WiUI Ule provisions of Section 10. These items are called "Escrow Hems." At origination or at any time during the term of the Loan, Lender may require that Comlllunity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items mùess Lender waives Borrower's obligation to pay Ule Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow HeIns at any time. Any such waiver may OlÙY be in writing. In Ule event of such waiver, Borrower shall pay directly, when and where payable, the amounts G -6(WY) 10005) C!J Page 4 of 15 InitiaIS:U, Form 3051 1/01 ~~~U:¡¡~¡;f:j!¡Ijr: i "';: ." "I /<1 c'~ 'ÜI"')J ,~ '" ; I ,_,I;, "::' . -',>s..,¡¡ y........Y .....c..:J ~ &... "-..J ('. /., r-. 6 <" ,,.. '",UC" ,'~-, 0 due for any Escrow Items for which payment of Funds has bc:en waived by Lwdèr 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 shaH 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 Sel'lion 9 and pay such amount and Borrower shall then bl:: obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required unda this Section 3. Lender may, at any time, collect alld hold Funds in an amount (a) sufficient to permit Lender to apply tlle Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount 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 shaH be held in an institution whose deposits an: insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institntion whose deposits are so insured) or in any Federal Home Loan Bank. Lemler shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, aunually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Ulùess an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender s]¡all not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on tlle Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shal] account to Borrower for tlle excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender tlle amount necessary to make up tlle shortage in accordance WiÙl RESPA, but in no more than 12 monùlly payments. If ùlere is a deficiency of Funds held in escrow, as defined under RESP A, Lemler shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. . 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to ùle Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mallllCr provided in Section 3. Borrower shall promptly discharge any lien which has priority over tl1Ís Security Instrument ulùess Borrower: (a) agrl::es in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but OlÙy so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent ùie enforcement of ùle lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security ~nstrumellt, Lender may give Borrower a notice identifying the o -6(WY) (0006) @ Page 6 of 16 InltiaIS&£ . Form 3051 1/01 Ü~~i ,.;, \11'C2' "{,,,iLfi. ,. iL. 40- r'..... r ~'< G " '~, ~ ~-'" .. ,~ J '- 0 .:.. lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge fora real estate tax veritîcatioll and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafkr aected on the Property insured against loss by tire, hazards included within the term "extended coverage," anel any other hazards including, but not limited to, earthquakes and t100ds, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject LO Lender's right to disapprove Borrower's choice, which right shall not be exercised umeasonably. Lender may , require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone cldennination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or sinùlar changes occur which reasonably might atIect such determination or certitîcation, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any Hood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, snch coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by tJ1Ís Security Instrument. These amounts shall bear interest at tJle Note rate from tJle date of disbursement and shall be payable, with such interest, UpOIl notice tì'om 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 tJle right to hold tJle 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 form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In tJle event of loss, Borrower shall give prompt notice to Ùle insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower oÙterwise agree in writing, any insurance proceeds, whether or not tJle underlying insurance was required by Lender, shall be applied to restoration or repair of the 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 Lemler has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for tJle repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender 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 tJle insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lemler's security would be lessened, the insurance proceeds shall be applied to Ùle sums secured by this Security Instrument, whether or IlOt then due, with C -6(WY) (00051 ® Page 6 of 15 Initials.j!d· Form 3051 1/01 ¡~~;~~¡t;;f¡j/~~¡~~ " "'. «' ";;' (j ~~) L{J- it ...J' À(J r ,~ r. ...... (" t7" , "l·h '.' J 'v<... the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may tile, negotiate and settle; any available; insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle lhe claim, The 30-clay period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instnunent, aud (b) any other of Borrower's rights (other than the light 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 the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or lhis Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of tilis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for al least OJle year after tile date of occupancy, unlèss Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, ()f unless extenuating circumstances exist which are beyond Borrower's control. 7. Pl'eservatiol1, :Maintenance and Protection of the Propel'ty; Inspections. Borrower shaH not destroy, damage or impair tile Property, allow tile Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Ulùess it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection WiÛI damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring Ûle Property OlÙY if Lender has released proceeds for such purposes, Lender may disburse proceeds for tile repairs and restoration in a single paymeut or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sut1ïcient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect Ûle interior of Llle improvements on lhe 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. Burrower 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 Witil the Loan. Material representations 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 Secndty Instrument. If (a) Borrower tàils to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding Ûlat might significantly affect Lender's interest in the Property andlor rights under this Security Instnnm:nt (such as a proceeding in bankruptcy, probale, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instillment or to enforce laws or regulations), or (c) Borrower has abandoned the Property, ùlen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights uncler this Security Instrument, including protecting andlor assessing the v~due of Ùle Property, ancl securing anellor repairing Ûle Property. Lender's actions can inclnde, but are not limited to: (a) paying any SUlns secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable ca ·6(WY) (00051 @ Pag~ 7 0115 In'tjÕI':~ Form 3051 1/01 ~) :'.-:: ~1, :~~:[~ S 2 , (.... r' !~ <To ',,' U L. () attorneys' fees to protect its i¡¡terest in ¡l~ Property and/or rights un(kr this Security Instnll1l<::n[, inc:lucIillg its seCllred position in a bankruptcy proceeding. Securing Uk' I'mperty includes, Inll is not linlited LU, entering the Property to make repairs, change locks, replace or bOMrl up doors alld windows, drain water ÌÌ'01ll pipes, eliminate building or olher colle violations or dangerous c()JI(liti()ns, and hav<.: utilities lllllk:d on or oil. Although Lender may take action under this Section 9, Lender does not have to do so alld is IIO[ nuda any duty or obligation to do so. It is agreed ¡hat L<.:Ihkr incurs no liability for not taking allY or all actions authorized under this Sedion 9. Any amoullts disbursed by Lender under tllis Section 9 shall become additiollal debt of ßorrower secured by this Security IlIstrumeHt, TIJese amonnts shall hear interest :11 the N()ie rate from dJ~ date of disbursement alld shall be payable, with such iuterest, upou uotiL'e f¡-oln Lewkr 10 Borrllwer requesting payment. If this Security Illstrull1ent is on a leasehold, Borrower shall comply with all the prOl'¡"j()I:; of the lease. If Borrower acquires fee title to the Property, [he leasehold and the fee lid,; .·;kdlnot nlnge ullkss Lemler agrees to the merger in writing, 10. Mortgage Insurance. If Lender required IVfortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the J\fortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lelllkr ceases to he available I'nJJl! the Inortgage insurer that previously provided such insurance and Borrower was ¡ùluired to ¡Hake separatc:Jy (ksignattd paYlœnts toward the premiulIIs for ~.,'ortgage Insurance, BOITowL:r shall pay the prcnliuJlls reqnired [(J obtain coverage subsun!Íally equivalent t() [II'~ Mo¡(gage Insurance previously in dfect, at a cost substantially equivalent tl¡ the cost to BOITower of the Mortgage Insurance previuusly in effect, from ~JIl alternate mortgage ¡usurer se!eC!l'd by Lender. If substantially eLluivale1H :rvlortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately desiguated paynIL~n(S that were due when the insurance coverage ceased to be in etfect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of tvfortgage Insurance. Such loss reserve shall be linn-refundable, uotwithstancling the Ltct that the Loan is ultimately paid in I'ull, and Leml<.:r shall uot be required to pay Burrower any interest or earnings on such loss reserve. Lender L'all no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the pnjod that Lender requires) provicbl by an insurer selected by Lender again becollles aV~lilable, is obl:tined, and Lemkr requires separately designated payments toward lI¡l~ IJrl:miul11s for Mortgage Insurance. If Lender required tv[ortgage Insurance as a conditiuJI of making the L()an and BOITowtf was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prèlliiums required to maintain Mortgage InsurancL: in effect, or to provide a non-rtfuncbble loss resnve, until Lènder's requirèment fÖr Mortgage Insurance ends in accordance with any written agreemcnt bdweell Borrower alld Lellder providing ti)' such terlllinatioll Of until termination is required by Applic'ablt Law, Nothillg in this SeClio!l 10 affects Borrower's obligatioll to pay illterest at the rate provided in the Note. Mortgage Insurance reimburses LelldL~r (or allY entity that purchases (he Note) fOf certlin lusses it llIay incur if Borrowt:J does not repay the Loan as agreed, Borrower is not a party to tile t\10rtgage Insu rance. Mortgage insurers evaluate their total risk ou all such insllrauCè in force from time to time, and may enter into agreements with oLller parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage i usura alld the othèr party (cJr p;¡rties) to thèse agreements, TheSe agreements may reqnire the mortgage insurer (0 ulake payments usillg allY source of funds that the IUOftgage insurer may have available (which fnay include funds obt~lined fro lit J\lurlgage Insurance premiums). As a result of these agreements, Lender, any purchaser of thL~ Note, another insurer, any reinsurer, any other entity, or any aftiliate of any of tl¡e tiJregoing, may receive (directly or indiJcctly) anHJlnlts that derive from (or niight be characterized as) a portion of Borrower's paYlllems tllr Mortgage Iusurance, in exchange for sharing Of modifying tlte 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 sklrc of the prerniums paid to the insurer, the arrangement is often terwed "captive reinsurance," Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for IHol,tgage Jnsuranfe, or any other terllls of the Loan, Surh agreements will not increase the amount ßOITowel' will owe for l\'1ortgage Jnsnranfe, and they will not entitle Borrower to all) refund. ~-6{WY) (00051 @ Page 8 (,f 15 ('''tidISþ f<. . Form 305 ,] 1/01 ,', ~ r' .-" .'. n .~._., ;.) ~._. b ./" ,) \4 J~ >t(J.,S~2 (h) Any such agreellltnts will not affect Ihe, rights Borrower has - if au)' - wilh f(·sptcl to Ihe J\lol,tgagc Insurance nuder the Honleo\\'utl'S I'nJttction Ad of 1')')8 or :111)' olhe¡- I;¡\\', 'l'lu.'se I-ights may include the right to n~cei\'c cedain disdusllI':~s, to rc¡¡utst and olJtain c;lIIcellatiou of the l\lortgagc Tnsnranl"l'. to h¡h'c tbe!\lortgage lllsurance krmiuated alltÜìl1atil'ally, ;lIId/or to recti I'e a refullIl of auy J\lortgagc Iusurance premiums tbat were untamed at the tilllt of sucll cancdLdiuJ1 or tennina tion. ll. Assignment of J\Hscellaneous Proceeds; Forfeitul'e. All "t\Jiscellaneuus Pr()(:e:ecb are herd)y assigned to and shall be paid lO Lwde:r. if ¡he: Property is damagnl, sucll tvfiscelblll'uuS ProCé'èlls shall be app]itd to re:sturatiou ur œpair of the Proptny, if tile: rtstoratiol1 or repair is ecouoJuically h;asibJe amI Leuder's security is lIot lc:ssell<.'cI, Dmiug such rep;Úr aud restoration pe:riod, Leuckr sliaJl have t]¡e riglu to hold such (vfiscdJaneollS Procn;ds ulllil Lender has had all opportunity lu inspect sud! Propeny to tnSllrt tile wurk has be'tll c'(J1Jpltte:d to Ltuder's s;¡¡isfactiull, providtd l]¡at sudl illsjJtctiun shalll)t um!ertalæn prompt]y, Lemkr uuy pay for llle rt1airs alld rtslUratiuJI in a sillglt disoursèHlnlt or in a series of progœss p:IYHlellis ;IS lilt wmk is coruple1ed, Unkss an agfèernent is milde in writing ur Applic;Jbk Law reCjllircs illle:re:st to be paid l)n such MiscellalleOllS Procteds, Lendtr shall not be required tu pay UU!Towt! allY iUlnesl lIr tamings Oil such !vlisceIlaneous Proceeds. If the œstOIatÍlIll or rtpair is Ill( t(:onoJl1ically feasible or Lellller's stcurity lI'uuld be lessened, Ole: ¡'"liscellanèous Pmceecls shall be applied to (he SU1JJS seclIrtd by ¡Jiis Seulrity !w:trUl1leJlt, whdlJer rJr not then due, willI 011; excess, if any, paid to Borrower. Sud! !vli~:cè!l:iJJeunS ['ruceerJs sha] Iw applied in die l¡rder provided for ill SeCiion1. In the tVClJ{ uf a tutal ta\;Îng, ckslruciio/J, or loss in value of tile Property, Ihc !\liscellallL~uLJs Proceeds s!Jall be: applied to the SII/JIS secured by tllis Security Instrument, w]¡dllcr lIr nul (hell due, with Ille eXceSS, if allY, paid to Borruwtr, III the evelll of a partial taking, destruClion, or loss in v¡¡Jue of dIe Proptrly in which the fair ¡IIaIkd value of dlt Property iJlullcdiatdy ùefllrt t]¡e partial t:lking, deslrucLÎuJI, or IlIss in vallie is e:qual to or gleate:r dl;1II tile aJllou/Jt of tht sums secnred by this Se:cmÌly IllstruJiJe:Jlt ilJlJJlediatcly lIt fun: tile p;lllial taLing, deslructÎCJlI, Of loss in valnt, unless Burrowtr alld Ltllder ot!lerwist agrte in wfiliJlg, Ole SllJiJS secnred by tllis Stcurity InstnnLlènt shall be reduced by the a ]Olll II ld' the: Miscellane:ous ProCetds lJlltltiplied by tlle followillg fracliol1: (a) the tutal amOllll1 lIf lhl' slJlns seclIfe:d imme:rJi:.¡tdy bcfurc die p:.¡rtial (akÏug, destructiOJl, Of Joss iu value divided by (b) the: fair In:lrkel vallie of tlie Prop,ny iiunlt'dialely before the partial taking, destructÎuJI, or loss in value, Any balance: shall be: p;lid tn Borrower. lu the: eve:ut of :1 partial taking, de:stn¡c[ilHI, or loss in value uf the Pwpeny in wl¡iell the fair Inarket value: of tile: PJOpeny inu11tdiatdy bc:t()re the: panial taking, de:struc[ilJII, or Inss in value is kss tllan tilt aI1lount of the SiUUS secured iJJlJlleùi:.¡tdy before tllt p:mÎal laking, c1estructioJl, or loss in valut, IInkss Borrower amI Leuda othtrwise agree in writing, (he Miscdlalleous Proceeds slull be: applied to the SilIns stcure:d by tlÜs Stcllrity Instrumenl whether ur Hot the sUlns are lllell due. If tile Property is abaildoued by ßorruwer, or if, after notice by Lender to BlHTuwe:r tllal (ht Opposing Party (as dcJïuediu tilt ueXl sentence) oft'trs to ¡n:d:e: :111 award to seule a claim for dalllage:s, BorWWèl bib iLl resJH)ud to Lendtr willlin 30 days after lhe (blê till' uotice is giveu, Lell(kr is aUlhorized to colku ami apply lhe tvliscellaneous Procec:ds either tu restllraliou or repair of lite Proptrty or 10 tile slims sc:cured by this Stcufily [nstrLllIlent, whetlltr or nur then dut. "Opposing Party" JIleallS [lie tltird p:lrly that OwtS BOJTolVa I'vliscdlallèOlJS PJOcL·tds or the party agaju~;t wlwln BOLToII,t::! lias a riglll of actioJl in regarù to Miscellaneous Proceeds. Borrower shall bt ill default if auy action or procetùillg, whelhtr civil or crimiual, is beguo that, in Le:JIckr's judgmelH, could fèsull iu forfeiturt of the Prllperty or other maldi:d impairuJeUI lit lxnùer's interest in Ille Proptrty ur riglus unda this Security lustnllUelJl, Burrower Can Cllre sucll a ckLlull ami, if accele:ratioJJ lIas occurred, [èjusrate as provided ill Sectiou 19, by causiug the aClion lJl' pructediug lU ue dismisse:d witlt a ruling l!tat, in Ltndc:r's juugllle.U!, precludes forfeiture uf the Pruperty ur u[lltr 1I!:¡(erial impairment of Le:JHler's iuteresl iH die Property (Jr riglds undel lhis Se:curity Jnstnllue:llt. The 1)J(Jcec:us lit aHY award lIr claim for damages Ulat are altributabJc to llle iJlJpairment of LeHcler's intere:st in tlle Property <ire: !tereby assigned aJld shall be: paid to Lender. All IVliscdlaneous Proceeds !lIar are Hut applic:d [(J rtstoralÎoJI or ftpair of the Property sllall be applied iu the urder provided for iH Sec{iou 1. ~ -6(WYI (00051 "" P"\:3<:: 9 wf 15 ¿/ 1/ !¡-.i{i<>I:.;:_t~..~I-/\ I Forni 30GI 1/01 .. }Ii rli ..(."c'2' ._~;' ~.-..:·-2LL,....J Î' n r: G' ."\ 0 ..... ~I.) t . ~ 12. Borrower Not Released; Forbearance By Lender Not a 'Vaiver. Extension of Ùle time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in hlterest 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 otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearanCé by Lemler in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Seyeral Liability; Co-signers; Snccessors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the PlOperty under the terms of this Security Instrument; (b) is not personally obligated to pay the sunlS secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of ù1Îs Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under ùlÎs Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under ùÜs Security Instrument. Borrower shall not be released from Borrower's obligations and liability under ù1Îs Security Instrument mùess Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan ChaJ'ges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property ami rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, Ùle absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lemler may not charge fees that are expressly prohibited by ùlÌs Security Instrument or by Applicable Law. If-the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so Ùlat the interest or other loan charges collected or to be collected in connection wiùl the Loan exceed the permitted limits, Ùlen: (a) any such loan charge shall be reduced by the amount necessary to reduct: Ùle charge to Ùle permitted limit; and (b) any sums already collected fl.-om Borrower which exceeded permitted limits will be refunded to Borrower. Lender lHaY choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partiai prepayment WiÙlOut any prepayment charge (whether or not a prepayment charge is provided for under Ùle 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 ont 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 WiÙl ùlÌs Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires oÙlerwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall OIÙY report a change of address through that specitied procedure. There may be only one designated notice address under ù1Îs Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lemler. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy Ùle corresponding requirement under ùlÎs Security Instrument. G ·6(WY) 10005) @ Page 10 of 15 Inìtìals~J;: . Form 3051 1/01 ~ ¡;: ~j~: ~j~~j¡~I;¡;tr' , ........... fr~' '1:.., ." /"/,j -{'ltG, ~ . 1./ I . ... . ,,_. .;,< .JI. ·...1 "'" --_/.....~. -L... t:.."---J _ (' 'ì r. 1'"\ .') 1 \..... ~) t: tJ 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 the Property is located. All rights and obligations contained in this Security Instrument are subject to any requiremellts and limitations of Applicable Law, Applicable Law lllight explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be constmed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note cont1icts with Applicable Law, such conflict shall not affect other provisions of this Security Instml1lent or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in Ule singular shall wean and include the plural and vice versa; and (c) the 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 UÜs Security Instrument. 18. TI'aIlsfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in Ule Property" Illeans any legal or beneticial inteh:st in the Property, including, but not limited to, those beneticial interests transferred in a bond for dced, contract for deed, installment sales contract or escrow agreement, tl1e intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of Ule 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 writteIl consent, Lender may require immediate pay ment in full of all SUJlJS secured by this Security Instrument. However, U1is option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises UlÏs option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not kss than 30 days from the date the notice is given in accordance Will! Seclion 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay Ulese sums prior to the expiration of U1Ïs period, Lender may invoke any remedies permitted by this Security Instnunent without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued al any time prior to Ule earliest of: (a) five days before sale of the Property pursuant to any power of sak contained in this Security In::.trument; (b) such oUler period as Applicable Law might specify for the temÜllation of Borruwer's right to reinstate; or (c) entry of a judgment enforcing this Security InstJll11lent. Those conditions are that Borrower: (a) pays Lender all sums which then would bè due under this Security Instrument and the Note as if no acceleration had occllrred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing U1Ïs Security Instrument, including, but lJOt limited to, reasonabk attorneys' fees, property inspection and valuation fees, and other fees incurred fur the PU11Jose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lellder's interest in Ule Property and rights under UlÏs Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement SUJJlS and expenses in one or more of the following forms, as selected by Lendèr: (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, iIblrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of' Gde\'ance. The Note or a partial interest in the Note (together with Ulis Security IIIstnnnent) can be sold one or more times WiÙlOut prior notice to Borrower. A sale might result in a change in U1e emilY (known as the "Loan Serv ieer") that collects Periodic Payments due under the Note and Ulis Security Instrument and performs other mortgage loan servicing obligations under Ule Note, Ulis Security Instrument, and Applicable Law. There also might be one or man: chauges of Ule 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 Ùle change which will state the name and address of the new Loan Serviœr, ùle address to which payments should be made and any other infomlLltion RESPA cD ,6tWYI (00051 @ Page 11 of 15 Initial:Jk.~ ' Form 3051 1/01 " ,p'Z· . '" '~~ ,. -<I" ~~ ,::'':::_/-L - ~ r. /... ,... G.·, r.. ¡ ". ~_ . f· _ '). ~ ',,;'.)1.·· ,j~ requires in connection with a notice of transfer of servicing. If the Note is sold aud thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notitied the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleratiol1 and opportmùty to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportl1Iùty to take corrective action provisions of ûlÍs Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances detined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other tlanllnable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive matèfials; (b) "Environmental Law" means federal laws and laws of Û1e jurisdiction where the Property is located Û1at relate to health, safety or envirmill1ental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as detined in Enviromnental Law; and (d) an "Environmental Condition" means a condition Û1at can cause, contribnte to, or oÛ1erwise trigger an Environmental Cleanup. Borrower shall not cause or permit Û1e presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anyû1Íng affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, ust:, 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 the presence, use, or storage on Ùle Property of small quantities of Hazardous Substances Ù1at 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) any investigation, claim, demand, lawsuit or OÙ1er action by any govenunental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any coudition caused by Û1e presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notitied by any governmental or regulatory auùwrity, or any private party, Ùwt any removal or other remediation of any Hazardous Substance affecting the Property is uecessary, Borrower shall promptly take allllecessary remedial actions ill accordance wiÙ1 Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. G ·6(WY) (00051 ® Page12of15 Inilial~Ã, Form 3051 1/01 {_9~'''~,¡ /'¡ ,t) ¡r.,·.r~ 'L~JtC; r', .... , f. \ f'.... f~ '. r-. .' '.)!"ûjj NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall givc notice to Borrower prior to accele¡'ation following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless A pplicable Law provides othenvise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not clll'ed 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 Ìlrvokes 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 A pplicable Law. Lender shall give notice of the sale to Borrower in the mauneI' 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 aU sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender [Jay charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. 'Vaivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. ca ·6(WY) (00051 @ Page 13 of 15 Inilials:<r ~ / / Form 3051 1/01 i; ré\Ü "'".J> ~_ØS," ._~·_-L·h·c:JiíJ ..., ,", Î'. ,'"\ "'''1 ' r,} C üJ it BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower G-6(WY) (0005) @ j/~, C .~ ~G /¿ž Page 14 of 15 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower - (Seal) - Borrower Form 3051 1/01 \. J ,,,, ,'" /';j if) 0 ~g":::'!c.'...,"è.."-2J~ STATE OF WYOMING, Lincoln Couuty 55: The foregoing instrument was acknowledged before me this 30th day of November 2005 by KASEY C. KING My Commission Expires: 10/)-/01 ,,::--;;.~...:::..-:~...:::-- ....;:_;;:.~.:-...::~ '..:> ;;: -,;,-, "'';'')'''';'' - '-,.,.-" --ç..-.,;,';:....:',_':'"..:.....::..~~ ll~þ.ncY SIÞ.FFOkD - f'10rAIN PUBLIC J COIJI,lrt Of STATUi' lINCOlH VNOIMNG , ,.?-->,J,~;~I,n~i,~;::1;};;3¡,'~.-)g;¿,,?:S~ G -6G(WY) (0005) ® en fH "1"-tlA?J-Y''-< -~'- f Not"ry f~lblic Page 15 of 15 Irllti"~L(¿ Form 3051 1/01 r·o..... .... ' f ~ r. 6 ., :;1'..... '. :,1 t . .' "\" l."t -# -- 'J U