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HomeMy WebLinkAbout914787 ('. IÌ 0 "~ 8 0 \.' Î,) J I{\ After Recording Return To: FIl~T NATION~~ R~K-WEST 1001 MlUN ST. EVANSTON, WYQV¡ING 82930 Loan Nwnber: 88520000 RECEIVED 12/28/2005 at 11 :46 AM RECEIVING # 914787 BOOK: 608 PAGE: 380 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] MORTGAGE MIN: 100CJ15700062341983 DEFINITIONS I ¡ Words used in multiple sections of this document me defined belO\\ ,md other words are defined in Sections 3, I l, 13, lX, 20 and 2 l. Certain rules regw'ding the usage of words used in lhis docul1lenl are also provided in Section l6. (1\.) "Security Instrument" means this document, which is dated DECEJvlBER 22, 2005 ,together with all Riders to this document. (B) "Borrowcr" is JAKE lJ VILOS ¡\ND v'vHITNEY lTO VILOS HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, lnc. MERS is a sepw'ate coq)oration that is acting solely as a nominee for Lender wid Lender's successors ¡md assigns J\lERS is the mortgagee undcr this Sccurity Instrumcnt. MERS is orgw1Ìzed ¡md existing under the laws of Delaware, ¡md has illl address ¡mdtelephone number of P. 0. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. (D) "Lcnder" is FIl~T lW\TIONAL BANK-1jI1EST Lender is a A W\TIONAL BANKING ASSOCIATION and existing under the laws of Lender's address is 1001 MAIN ST., E\.i'A.NSTON, ìrVYCMING 82930 organized (E) "Note" l1leilllS the promissory note signed by Borrower and dated DECÐ'1BER 22, 2005 The Note slates that Borrower owes Lender ONE HUNDRED ONE THOUSAJ'm EIGHT HUNDFŒD l\ND 00/100 Dollm's (U.S. $101,800.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in Ùlll not laler than JANUl\PY 1, 2036 (F) "Property" meW1S the property that is described below under the heading "Tnmsfer of Rig his in the Property." (G) "Loan" meilllS the debt evidenced by the Note, plus intercsl, illlY prepayment charges illld laic charges due under the Note, and all StUllS clue under lhis Security Instrumcnt, plus inlerest. 130nowcr Jnilial~ ,rJ l .\- I A) ~-) \; --~- ----.-- ~-- -..-- WYCMINCr-Single amly-Fannie Mae/Freddie Mac UNIFŒ<M INSTRUMENT - MERS Form 3051 1/01 Page 1 of 13 DocMagicefiiWiJd¡;,," 800·649,'1362 www.docmagic.com \:\'.)(J5\.IlIl111 lIG111 ;'--""')':(-·11) j.¡'D J ('. n 0 ') 8 1 "-' U v J. (II) "Ridcrs" means all Riders to this Security Instrumcnt that iU'C executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate l~ider 0 Condominium Rider 0 Second Home Rider 0 ß¡ùloon Rider 0 Planned Unit Development Rider 0 Other( s) [speci fy] 0 1-4 FiUnily Rider 0 Biweekly Payment Rider (1) "Applicahlc Law" me,lilS all controlling applicable federal, slate and locnl statutes, regulations, ordinanccs ,md adl11inislrati ve rules [md orders (that have the effect of Jaw) as well as all applicablcJìnal, nOlHlppealable judicial opllllons. (J) "Community Association Ducs, Fees, and Asscssmcnts" means all dues, fees, assessments ¡md olher chw'ges that are imposed on Borrower or [he Properly by a condominium association, homeowners associalion or similar org,mization (K) "EJcdronic Funds '1'ransfcr" meW1S ,illY tr¡msfcr of funds, other th,m a transaction originated by check, draft, or similar paper instrument, which is initiatcd lhrough iUl clectronic terminal, telephonic instrumcnt, compuler, or magnetic tape so as to order, instrnct, or authorizc a fiIHUJcial institution to dcbit or credit iUl aceount. Such tcrm includes, but is not limitee!to, point-oF-snle triUlsfers, nutomated teller machine transnctions, tnUJsfers inItiated by telephone, wire triUlsfers, nne! automntee! clearinghouse transfcrs. (L) "Escrow Items" meiU1S thosc items that W'C described in Section 3, (M) "Miscellaneous Proceeds" meW1S iU1Y compcnsation, settlement, aWiU'd of dmnages, or proceeds pnid by [lily third pnrly (other thiU1 insunmcc proccee!s paid under lhc coverages described in Section 5) for: (i) damage to, or destruction of, the Propcrty; (ii) condemnation or other tnking of all or any part of lhe Properly; (iii) conveYiU1CC in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value iU1e!/or condition of the Property, (N) "Mortgage Insurance" l1lCiU1S insunUlce protecting Lender against the nonpaymcnt of, or default on, the Loan. (0) "Periodic Payment" me[ms the regulmly scheduled amount due Cor (i) principal [md interest under the Note, plus (ii) m1Y ml10unts under Scction 3 of this Securily lnstrument. (P) "IŒSPA" meW1S the Real Estate Settlemcnt Procedures Ael (12 US C. §2GO 1 et seq) and its implementing regulalion, Regulation X (24 C. F. R. Part 35(0), as they might be mnended 1Ì'Ol1l time to time, or iU1Y additional or successor legislation or regulation that governs the same subject maller. As used in this Security Instrument, "RESPA" reiers to all requiremcnts iU1d rcstrictions that w'e imposed in regmd to a "federally related mortgage loan" even if the Lom1 does not qualify as a "federally related l1lortgage loan" under RESPA, (Q) "Successor in Interest of Borrower" me¡ms ¡my pmty lhal has taken title to the Properly: whelher or not thaI piu'ly has assumed Borrower's obligations under the Note iU1d/or this Security Instrumeut. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument sccures to Lender: (i) the repayment of thc Loan, [Ulcl all rencwals, extcnsions and modifícations of the Note; and (ii) the perfonnmlce of Borrower's covemmts ,md agreements uuder this Security lnslrument iUldthe Note. For this purposc, Borrower does hereby mortgage, grant m1d convey to MERS (soleJy as nominee for Lender [Uld Lcnder's successors iUld assigns) wId to the successors and assigns of MERS, with power of salc, the following described propcrly located in the COUNTY of LINCOLN I Type of Rc'Cof[lillg .lLUISdictiOllj [Nwnc of Rc:co¡dill¥ ! urisdictioll] LOT 14 OF BLOCK 8 OF THE LINCOLN HEIGHTS 4TH SUBDIvISION TO THE CITY OF I<EIV1MERER, LINCOI1\J COUNTY, WYCMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF L'l)!Towcr Initial~'W.LL.. Llj ']'J ~~ ~___ ~__ VWO'v1ING--Slngle Family-Fannie Mae/Freddie Mac UNIFŒM INSTRUMENT - MERS Form 3051 1/01 Page 2 of 13 DocMagic efllQJju"'èCfj 800,649-1362 www.ckx:magic.com \\\JO-;J.I11/l11 2!l:JJ1 ¡-~ì 8 ~~) ~: 0 0 ~~ 8 2 which currently has the address of 1342 O\NYON COURT [Street] I<E!vJMERER [City] , Wyoming 83101 ("Property Address"): [Zip Code] TOGETHER WITH aJl the improvemcnts now or hereafter ereetcd on thc property, ¡Ulcl al! easements, appurtelHmccs, and fixtures now or hereaftcr a pru't of the property. All rep1accments ruld additions shall also be covered by this Security Instrument. AJI of the foregoing is referred to in this Sccurity Instrument as the" Property." Borrower understrulds ¡md agrees that MERS holds only leg¡ù title to the interests gnmled by Borrower in this Security ]nstrumen1, but, if necessw)' to comply with law or custom, !vIERS (as nominee for Lender wld Lender's successors wld assigns) bas the rigbt: to exercise ¡my or all of those interests, including, but not limited to, the right to foreclose wld sell tbe Property; ruld to take rulY action required of Lender inclllCiing, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS tbat Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grwll ¡md convey the Property wld that the Property is unencumbered, except for encumbrances of record. Borrower WruTrultS rulcl will defend generally the title to the Property against all claims and demands, subject to ¡my encumbrrulces of record. THIS SECU RJTY INSTRUMENT combines uniform covenants t(x national use ¡md non-uniform covenants with limited vw'iations by jurisdiction to constitute a uniform security instrument covering real properly. UNIFORM COVENANTS. Borrower and Lender covenrult wld agree as 101l0ws: 1. Paymcnt of Principal, Interest, Escrow Items, l)repayment Charges, and Late Charges. Borrower shall pay whcn clue the principal of, ¡md interest on, thc debt evidenced by the Note and any prepayment charges ancllate charges due uncleI' the Note. Borrower shall also pay funds for Escrow Items pursuwlt to Section 3. Payments due under the Note and this Security Instrument shall bc made in lJ S. currency. Howcver, if ¡my check or other instrument received by Lender as payment under the Notc or this Sccurity Instrumcnt is returned to Lcndcr unpaid, Lender may require that W1Y or all subsequent payments clue under the Note ¡md this Sccurity Instrument bc macle in one or more of the ¡allowing ¡onus, as selected by Lender (a) cash; (b) money order; (c) ccrlilìed check, bank check, treasurer's check or cashier's check, provided W1Y such check is drawn upon an institution whose deposits w-e insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds TrwlS/cr. Payments w'e deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or píU,tial payments are insuf1ìcientto bring the Loan current. Lender may accept ¡my payment or partial payment insuflicient to bring the Loan current, without wai\er of ¡U1Y rights hereunder or prejudice to its rights to refuse such paymcnt or pm'lÌal payments in thc future, but Lender is not obligated to apply such payments at thc time such payments are accepted. If each Periodic Paymcnt is apphed as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Lowl current. If Borrower docs not do so within 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 the outstwlding principal balwlce under the Note immediately prior to 10reclosure. No oJIset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making p¡¡ymcntS due under the Note fmd this Security Instrument or performing the eovcnmlts ¡md agreements secured by this Security Instrument. 2. Application of Paymcnts or Procecds. Except ¡¡S otherwise described in this Section 2, all payments accepted wld applicd by Lender sha]] be applied in the following order of priority: (a) interest due under the Note; (b) principal duc under the Note; (c) wnounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it becíUne due, Any remaining mnounts shall be applied nrstto late chíU'ges, second to mlY other wnounts clue under this Security Instrument, ¡md then to reduce thc principal ba]¡mce of the Note. If Lender receives a payment from [30rrower lor a delinquent Periodic Payment which includes a suf1ìcient wnount to pay ¡my late charge due, the payment may be applied to the delinquent paymcnt ¡md the late charge. If I""owe< bÜ'WI~I) J}J ;-'I,U w(O'V1ING-Single Family-Fannie MaeJFreddie Mac UNIFCFM INSTRUMB\JT - MffiS Form 3051 1/01 Page 3 of 13 . DocMagic CA"LiULL¿'j 800,649-1362 www.ckxmagic.com \\\"~')5}.lIltln3.[l:Jll X""--)i'''"") tj dJ (" r 0 (~ 8 3 '.... ,) 0 more than one Periodic Payment is outst,mding, Lender may apply any payment recei \'cd fÌ'om Borrowcr to the repaymcnt of the Periodic Payments if, and to the e\:tent that, each paymcnt can be paid in full. To the e\:tent that ,my e\:cess e\:ists afier the payment is applicd to thc full payment of ouc or morc Pcriodic Payments, such e\:ccss may bc applied to any late chm'gcs due. Voluntary prepayments shall be applied first to any prepaymcnt chw'ges ,Uld then as described in the Note. Any application of payments, insurance proceeds, or !vliscellw1eolls Proceeds to principal duc under the Note shall not extend or postpone the due date, or cl1w1ge the m11ount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on thc day Periodic Payments arc due under the Notc, until the Note is paid in full, a Stl111 (thc "Funds") to provide for payment of Wl10unts duc for: (a) taxes ,md assessmcnts ,Uld other items which CW1 attain priority over this Sccurity Instrument as a lien or encumbrance on the Properly; (b) leasehold payments or ground renls on the Property, if W1Y; (c) premiums for any wld all insunUlcc required by Lender under Section 5; ,md (d) Mortgage Insunmce premiums, if ,my, or ,my SlJl11S payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordancc with the provisions of Section] O. These items are callecl"Escrow Itcms" At origination or at m1Y timc during thc term ofthc Lo,m, Lender may require that Community Association Dues, Fces, w1d Assessments, if mlY, be escrowcd by Borrower, ,md such dues, fees w1d assessments shall be W1 Escrow Item. Borrower shall promptly furnish to Lender all notices of W110unts to be paid under this Section. BoI1'ower shaIJ pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for W1Y or all Escrow Items Lendcr may waive BOJTower' s obligation to pay to Lender Funds for W1Y or all Escrow Items at any time, Any such waiver may only be in writing. In the event of such \\aiver, Borrower shall pay directly, when ,md where payable, the ru110unts due for W1Y Escrow Items for which payment of Funds has been waived by Lender wId, if Lender requires, shall fnrnish to Lender receipts evidencing such payment within such time period as Lender may require. 130rrower' s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a eovenru1l w1d agreement contained in this Security Instrument, as the phrase "covenw1l ru1d agreemen(" is used in Section 9. If Borrower is obligated to pay Escrow hems directly, pursuru1! to a wai vcr, w1d Borrower fails to pay the amount due for W1 Eserc)\\ 1 (em, Lender may exercise its rights under Section ') ,md puy such amount ¡mdl30rrower shall then be obligated under Section') to repay to Lender W1Y such w1lounL Lender may revoke the waiver as to any or all Escrow Items at ¡my lime by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, ,md in such amounts, that w'e then required under this Section 3. Lender may, at W1Y time, collect ,me! hold Funds in W1 W1lount (a) sufficient to permit Lender to apply the Funds at lhetime specifíedunder RESP A, ,md (b) not to e\:cced the n1tl\:iJl1um W1lount a lender can require under RESP A Lender shall estimate the W110U1lt of Funds due on the basis of currcnt data w1d reasonable estimates of e\:pendilures of Últure Escrow Items or otherwise in accordru1cc with Applicable Law. The Funds shall be held in an institution whose deposits W,e insured by a federal agency, instrumeutalily, or entity (including Lender, if Lender is W1 institution whose deposits w'e so insured) or in any Federal Home Loan ]3¡mk. Lender shall apply the Funds to pay the Escrow Items no later tlum the time speeifíed under RESPA Lender shall not ehru'geBorrower for holding ,me! applying the Funds, iU1l1ually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower inlerest on the funds iU1d Applicable Law permits Lender to nHù,e such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shal1 not be required to pay Borrower ¡my interest or ew'nings onlhe Funds. &Jrrower and Lender CW1 agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without chiuge, iU1 annual accounting of the Funds as required by RESP A If there is a surplus of Funds held in escrow, as defínedunder RESP A, Lender shall account to Borrower for the e\:cess funds in accord,mce wi th RESP A If there is a shortage of Funds held in escrow, as dc!íned uncler RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shull pay to Lender the ru110unt necessru-y to make up the shortage in accord,mcc with RESP A, but in no more tlUUl ]2 monthly payments. If there is a dctíciency of Funds held in escrow, as defíned under RESPA, Lender shallnotif)' Borrower as required by RESPA, and Borrower shall pay to Lender the amount neccssw)! to n1tù,e np the dc1iciency in accordancc with RESPA, but in no more them 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower W1Y Funds held by Lender. I30ITo\Vcr Injti~U ¡LT.) \) ___ ~__ WYO\J1ING-Single ran'Ìíly-Fannie Mae/Freddie Mac UNIFCRM INSTRUMß\JT - MERS Form 3051 1/01 Page 4 of 13 DocMagic e}hlíuj,¡;~j 800-649-1362 www.ckxmagic.com \\:{)()-51 ,1I1/Hl-1. 1-..111 G'? (" n 0 I:; 8' 4 \.- '-.J 'v . 4. Charges; Liens. Borrowcr shall pay all taxes, asscssments, charges, iìnes, [Uld impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if [Uly, [Uld Community Associ[llion Dues, Fees, [Uld Assessments, if W1Y. To the e.\[cnllhat these ilems arc Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over tIllS Security Instrument unless Borrower: (a) agrees in "Titing to the paymcnt of the obligation secured by the lien in a manner acceptable to Lcnder, but only so long as Borrower is performing such agreement; (b) contests the lien in goocl faith by, or defends against enforcement of the lien in, legal proceedings which ill Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only unlil such proceedings are concludcd; or (c) securcs from the holder of the lien [Ul agreemcnt satisfactory to Lender subordinating the lien to this Security Instrument. If Lender delermines thal [Uly pmt of the Properly is subject to a lien which CWl attain priorily over lhis Securily Inslnllnellt, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisi)1 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 cluu'ge for a real estate ta....; verifíc[llion [Uld/or reporting service used by Lender in connection with this Loan. S, Property Insurance. Borrower shall keep the impro"ements now existing or hereafter erected on the Property insured against loss by Jìre, hazards included W¡tlllll the term "extended coverage," [Uld [Uly other hazards including, but not limited to, em·thquakes and Hoods, lar which Lender requires insurance. This insunmce shaH be maintained in the runounts (including deductible levels) and for the periods that Lender requires What Lender requires pUrSU[U1t to the preceding sentences C[Ul chrulge during the term of the Lo[Ul. The insurrulce carrier providing the insurrulce 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 with this LOrul, either: (a) a one- time charge for [lood zone determination, certification ruld tracking services; or (b) a one-time cku"ge for flood zone detenmnation mId certification services ruld subsequent charges each time remappings or similru' chiUlges occur which reasonably mighl affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Fedcral Emcrgency l\·'1luwgcmcnt Agcncy in connection with ¡he rcview of any [lood zone determination resulting from iUl objection by BorrO\ver. If Borrower fails to maintain mlY of the coverages described above, Lender may obtain insurrulcc coverage, al Lender's option ruld Borrower's expense. Lender is under no obligation to purchase any particulru' lype or runount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect I30rrower, I30rrower's equity in the Property, or the contents of the Property, against mlY risk, hazard or liability iU1dmight provide grealer or lesser coverage thrul was previously in e(Tect. Bon'ower acknowledges that the cost of the insurmlce coverage so obtained mighl signific[Ultly exceed the cost of insurrulce that Borrower could have obtained. Any runounls disbursed by Lender under this Section .5 shall become additional debt of Borrower secured by this Securily Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender (0 Borrower requesting payment. Al1 insurrulce policies required by Lcnder and renewals of such policies shall be subjecl to Lender's right to disapprove such policies, shall include a stmldard mortgage clause, iUld shall nmne Lender as mortgagee and/or as im additional loss payee. Lender shall have the right to hold the policies and renewal cerlilìcales. If Lender requires, Borrower shall promplly give to Lender [ùl receipts of paid premiums ruld renewalnoticcs. If Borrower obtains any forlll of insurance coverage, not otherwise required by Lender, for damage to, or dcstruction of, the Properly, such policy shal1 include a standardmorlgage clause [Ule! shallniUne Lender as mortgagee imcllor as ml additional loss payee. In the event of loss, Borrower shall gi ve prompt notice to the insurance cruTier and Lender. Lcnder may make proof of loss if not made promptly by Borrowcr. Unless Lcnder [Uld Borrower otherwise agree in "riling, any insurrulce proceeds, whether or not the underlying insunmcc was required by Lender, shaH be appliedlo restoration or repair of the Property, if the restoration or repair is economically feasible [Uld Lender's secltrity is not lessened During slich repair and restoration period, Lender shall have the right to hold such insurrulce proceeds unlil Lender has had rul opportunity to inspect such Property to ensure thc work has been completed to Lender's satisfaction, providcd that such inspection shall be undertaken promptly. Lender may disburse proceeds far the repairs ruld resloration in a single payment or in a series of progress payments as the work is completed. Unless im agreement '),now," rniti"bWJJ Jd""1J_ _ __ _ WYCiV1ING-Single Family-Fannie Mae/Freddie Mac UNIFCR'vl INSTRUMENT - MERS Form 3051 1/01 Page 5 of 13 DocMagic e/i~:uJ,¡,\"j 800,649-1362 www.docmagic.com \\)',ll.)S!.IJ'!!:In 5.k111 8''"/ :' n Of'. 8 r-- '..i ',J l..j 0 is mnde in \\'Tiling or Applicable Law requires interest 10 be paid on such insurance proceeds, Lender shnll not be required to pay I\...HTower any in (crest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be pnid out of the insunU1ce proceeds ,U1d shall be the sole obligation of Borrower. If the restoration or repair is not economically fensible or Lender's security would be lesscned, the insunmcc proceeds shall be applied 10 the sums secured by this Security Inslrument, whether or not then duc, with the exccss, if ,my, paid to Bon'ower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons lhe Properly, Lender may iìle, negotinte and settle ,my avnilable insurance claim and related mal tel'S, If Borrower does not respond within 30 days to a notice JÌ'om Lender that the inslmmce carrier has offered to setlle a clnim, lhen Lender may negotiate ,me! seulc the claim. The JO-day period will begin when the notice is given, In either event, or if Lender ncquires the Property under Section 22 or otherwise, Borrower hereby assigns 10 Lender (a) Borrowcr's righls 10 any insunU1ce proceeds in Wl mnount not 10 exceed the wnounts unpaid under the Note or this Security Instrument, and (b) rnlY other or Borrower's rights (other than the right to any refund of unewlled premiums paid by Borrower) under all insur,U1cc policies covering the Property, insofar as such nghts w'e applicnble to the coverage of the Properly. Lender may use the insurance proceeds either (0 repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whelher or not then due. 6, OCl'llpancy. Borrower shall occupy, establish, rnlduse the Property ns Borrower's principal residence within GO days aner the execution of this Security Instrument wld shall continue to occupy the Properly as Borrower's prmcipal residence for at least one yern' aner the date of OCCUP,U1Cy, unless Lender otherwise agrees in writing, \\hich consent shall not be unrensonably witlùleld, or unless exlenuating circumstrnlccs exist which nre beyond Borrower's control. 7, I)resenration, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Properly, allow the Property to deteriorale or commit waste on the Property. \Vhether or not Borrower is residing in the Property, Borrower shall mainlain the Property in order to preventlhe Property 1Ì'om deteriorating or decreasing in value due to its condition. Unless it is determined pursum1t to Seclion 5 that repair or restoralion is not economically feasible, Borrower shall promptly repair the Property if damaged 10 avoid further deterioration or dillnage. If insufimee or condemnation proceeds are paid in connection with dwnage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lender may disburse proceeds far the repairs and restoration in a single payment or in a series of progress pnymenls as the work is completed. If the insurwlce or condemnation proceeds rnoe not suCfícient to repnir or restore the Property, Borrower is not relieved of Borrower' s obligntion for lhe completion of such repatr or restoration. Lender or its agent may make reasonnble entries upon mld inspeclions of the Property. I f it has reasonable cnuse, Lender may inspect the inlerior of the improvements on the Property. Lender shall give Borrower notice at the lime or or prior to such ill] inlerior inspection speci(ying such reasonable cause. 8. Borrower's Loan Application, Borrower shnll be in default if', during the Lornl applicalion process, Borrower or any persons or entities acling at the direction of Borrower or wilhBorrower' s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with mnterial information) in connection with the Low\. ivlaterial representntions include, but are nol limited to, represenlations concerning Borrower's occupancy of the Propcrty as Borrower's principal residence. 9. Protection of Lender's Interest in the Propel·ty and Rights Under this Security Instrument. If (a) Borrower fails to perform the eovenrnlls ,md agreements contained in this Security Instrument, (b) there is a legal proceeding that might signi[¡c,mtly affect Lender's interest in the Property and/or rights under this Securily Inslmment (such as a proceeding in bankruptcy, probate, for condemnnlion or forfeiture, for enforcement of a lien which may allain priority over this Security Inslrument or to enforce laws or regulations), or (c) Borrower hm abwldoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property ,me! rights under tIllS Security Instrument, including protecting Wle!/or assessing the value of the Property, rn]d securing rnld/or repairing the Property. Lender's actions c,m include, but are notlimiled to: (a) paying rnlY Sluns secured by a lien which has priority over this Security Instrument; (b) appew'ing in courl; wld (c) paying reasonable attorneys' fees to protect its lIlterest in the Property wld/or righls under this Security Instrument, including its secured position in a brnlkruptcy proceeding Securing the Property includes, but is not limited to, enlering lhe Property to make repairs, ehnnge locks, replace or board up doors ,md windows, drain waleI' ham pipes, eliminate building or ß.mower IniS;:C=>--. J..l tJ":\LL _,....,____ WYO"v1ING--Single all y-Fannie Mae/Freddie Mac UNIFmA INSTRUMENT - MERS Form 3051 1/01 P'age 6 of 13 DocMagic e/,W¡,Ü¡:j 800-649-/362 www. cbcmagic. C(J{n \\\'-¡¡)'S!.llllJll(J.leJll ") ,¡¡ ( !Ì 0 ':; 8 G '\.... \.J v other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lcndcr does not have to do so and is not under any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking ¡my or all actions authorized under this Section 9. Any wnounts ( jsbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice lÌ'om Lender to &mower requesting payment. ]1' this Security Instrument is on a leasehold, Borrower shall comply with all [he provisions of the lease. If Borrower acquires fee title to the Property, the leasehold ¡md the fee title shall not merge unless Lender agrees to the merger in writing. 111. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Lmm, Borrower shall pay the premiums required to maintain the Mortgage Insunmce in elTect. IC, Cor any reason, the Mortgage Insur¡Ulce CDverage required by Lender ceases to be available fÌ'om the mortgage insurer that previously provided sueh insurance and Borrower was required to make separately designated payments toww'd the premiums Cor Jvlortgage ]nsufimce, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substwllially equivalent to the cost to &mower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substwltially equivalent Mortgage Tnsu](mce coverage is not available, Borrower sha]] contJl1ue to pay to Lender the amount of the sepw,llely designated payments that were due when the insurance coverage ceased to be in eiTect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithst¡mding the Cactthat the Lo¡m is ultimately paid in full, and Lender sha]] not be required to pay Borrower any interest or earnings on such loss reserve. Lender cWlno longer require loss reserve payments if Mortgage Insurwlce coverage (in the wnount wld for the period that Lender requires) provided by Wl insurer selected by Lender again becomes available, is obtained, [tilcl Lender requires sepw-ately designated payments toww'd the premiums for Mortgage Tnsunmcc. If Lender required Jvlortgage Insur¡mcc as a condition of making the Lowl wId BorrO\\'Cr was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay thc premiums required to maintain Mortgage Insurancc in eiTeel, or to provide a non-refundable loss reserve, until Lender's requirement for Jvlortgage Insurance ends in accordwlce with WlY written agreement betwccn Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 aiTcets Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurwlce reimburses Lender (or WI)' entity that purchases the Note) for certain losses it may incur if &mower cloes not repay the LOWl as agreed Borrower is not a pw'ty to the Mortgage Insurancc. Mortgage insurers evaluate their total risk on all such insurwlcc in force [rom time to time, wId may enter into agreements with other pw-ties that shill'e or modify their risk, or reduce losses. These agreements w'e on terms wld conditions that w'e satisCactory to the mortgage insurer ¡md the othcr pw'ty (or pw,ties) to these agrccments. Thcse agrccmcnts may rcquire the mortgage insurer to make paymcnts using ,my source of funds that the mortgage insurer may havc available (which may include [unds obtained fi-om !V[ortgage Tnsurwlce preminms). As a result of these agreements, Lender, WlY purchaser of the Note, wlother insurer, W1Y reinsurer, any other ent ity, or WlY affíliate of illlY of thc foregoing, may receive (directly or indirectly) wnounts that clerive from (or might be characterized as) a portion of Borrower's payments for JvIortgage Insurancc, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agrœment provides that an alTiliate of Lender takes a share of the insurer's risk in exchange for a shw'e of the premiums paid to the insurer, the arnmgement is orten termcd "captive reinsunmcc." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (11) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners I)rotection Act of 1998 or any other law. These rights may include the right to receive ccdain disclosures, to requcst aJllI obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andl or to receive a refuud of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. U .GJ~.û ---- ------- WYOV1ING-Single' am y-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS Form 3051 1/01 Page 7 of 13 DocMagic eiiwwu,c'j 800,649-1362 www.docmagic.com \\.)'J051.nVII17.[(';:¡1l "L) " r n 0 ,; 8 r'¡ ... ,) v 11. Assignment of ]Vlisccllancous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, sllch Miscellw1eous Proceeds shuJl be applied to restoration or repair of the Properly, if the restoration or repair is economically feasible ,md Lender's security is not lessened During such repair and restoration period, Lender sh,ùl have the right to hold such Miscellw1Cous Proceeds lIntil Lender has had an opportunity to inspect sLlch Property [0 ensure thc work has been completed to Lenckr's satisfaction, provided that sueh inspection shall be undertaken promptly. Lender may pay for the repairs <md restoration in a single disbursement or in a series of progress pa)11lents as the work is completed. Unless Wl agreement is made in writing or Applicable Law requires interest to be paid on such Miscellw1eous Proceeds, Lender shallno[ be required to pay &)f 'ower any interest or earnings on sueh Miscellw1eous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, [he Miscel[¡meoLls Proceeds shall be applied [0 the sums secur<.:d by this Security Instmment, whether or not then due, with the excess, if ¡my, paid to Borrower. Such Miscell¡meous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in valLIe of the Property, the Miscellwleous Proceeds shall be applied to the Sluns secured by this Security Instrument, \\hether or not then due, with the excess, if any, paid [0 Borrower. In the event of a partial taking, destruction, or loss in value of [he Property in \\hieh the fair market value of the Property immediately before the pw,tial liù,ing, destruction, or loss in value is equal to or greater thw1the runount of the sums secured by this Sccurity Ins[nulIen[ immcdiately before the partial liùÒng, destruction, or loss in value, unless Borrower ruld Lender otherwise agree in writing, the SlUlIS secured by this Security Instrument shall be reduced by the rullount of the MiscelhmeoLls Proceeds multiplied by the following fraction: (a) the total wnollnt of the sLIms secured immediately before the pru'[ial taking, destruction, or loss in valLIe divided by (b) the fair nHu'ket value of the Property immediately before the partial taking, destruction, or loss in value. Any balw1ce shall be paid [0 Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair miu-ket value of the Property inunediately before the partial taking, destruction, or loss in value is less thrul the wnount of the Sluns secured immediately before the pw,tial taking, destruction, or loss in value, unless Borrower ruld Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied [0 the sUJns secured by this Security Instnunent whether or not the sums me then due, lfthe Properly is abruldoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Pw'ty (as defíned in the next sentence) o1Ters to nHù,e illl aWill'd to settle a claim for dwnages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect wld apply the ivliscell,Uleous Proceeds either to restoration or repair of the Property or to the Sluns secured by this Security Ins[rument, whether or not then due. "Opposing Pm'ly" meiU1S the third pru'ty that owes Borrower Miscellw1eOlls Proceeds or the party against whom Borrower has a right of action in regw'd to Miscellru1eous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of [he Property or other material impairment of Lender' s interest in the Property' or rights under this Security Instrument. Borrower Cru1 cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of [he Property or other material impairment of Lender's interest in the Properly or rights under this Security Instrument. The proceeds of any aw¡u-d or claim for dwnages that are attributable to the impairment of Lender's interest in the Property ru,e hereby assigned imd shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forhearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grwlted by Lender to Borrower or ¡my Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedi ngs against illlY Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify runortization of the sums secured by this Security Instnunenl by reason of any demand made by the original Borrowcr or .my Successors in Interest of Borrower. Any forbear,Ulce by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of B:mower Inìti¡~S~_-- J LA):sJL _____, WYO"v1ING-Slflgle Fám I)1-Fannle Mae/Freddie Mac UNIFŒ<M INSTRUMENT - MffiS Form 3051 1/01 Page 8 of 13 DocMagic er0V1,íiŒ;J 800-649-1362 www_cJocmagic. com \\)'_10SJ.JH1n8.lcltl ¡.:;': .~-., ! ¡-~) -,"-j0-;1 : !Î 0 ': 8 8 '-' ,) >J payments from third persons, entities or Successors in Interest of Borrower or in Wllounts less than the Wllount then due, shall not be i1 waiver of or precJude the exercise of any right or remedy. 13, Joint and Several Liahility; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations ¡md liability slHùJ bejoint and several However, ¡my Borrower who co-signs this Seeurily 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 Properly under the terms of this Security Instrument; (b) is not personal1y obligaled to pay the SUlllS sccured by this Security Instrument; wld (c) agrees that Lender [me! [my othcr Borrower CWl agree to exlend, modify, forbem" or make any accommodations with regm"d to the terms of this Security Instrument or the Note without thc co-signer' s consent. Subject to the provisions of Section 18, any Successor in Inlerest of Borrower who assumes Borrower's obligations under this Securily Instrument in \lTiling, [md is approved by Lender, shall obtain all or Borrower's rights wld benefits under this Security Instrument. Borrower shal1nol be released from Borrower's obligations wld lii1bílity under lhis Security lnstnullent unless Lender agrees to such release in writing. The covemmts and agreements of this Security 1nstrument slwll bind (except as provided in Section 20) wld benefit the successors mld assigns of Lender. l..t, Loan Charges. Lender may chw'geBorrower fees for services performed in connection with Bon'ower' s default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limiteel to, attorneys' fees, property inspection and valuation fees. In regw'd to any other fees, the absence of express authority in this Security Instrument to chw'ge a specific fee to Borrower shal1not be construed as a prohibition on the charging of such fee. Lender may not chw'ge fees that are expressly prohibited by this Security Instrument or by Applicable Law, If the Loan IS subject to i1law which sets maximum loan charges, [md that law is finally interpreted so that the interest or other 10Wl charges collected or to be collected in connection wi th the Lo[m exceed [he permi tted Ii lllJ ts, then: (a) [my such loml charge shall be reduced by the wllounl necessm')' to reduce the chw'ge to the pcrmitted limit; and (b) [my SUlllS already collected from Borrower which exceeded permitledlimils wi1l be refunded to Borrower. Lender may 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 \vill be treatcd as a partial prepaymcnt without mlY prepayment chiU'ge (whether or not a prepayment chm'ge is provided for under the Note). Bonower's acceptiUlcc of [my such refund made by direct payment to Borrower will conslitute a waiver of any right of action Borrower might have arising out of such overchmge. ]5, Notices. All notices given by Borrower or Lender IJl connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrtlmcnt shall be dccmed 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 me,ms. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires olherwise. 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 ch[mge of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sh[ùl only report a clHmge of address through thal specified procedure. There may be only one designated notice address under this Security Inslrumcnt at [my one time. Any notice to Lender shall be given by delivering it or by mailing it by fírst class mail to Lender's address stated herein unless Lender has designated ¡mother address by notice to Borrower. Any notice in connection with this Security Instrument shall not be dccmed to have bccn given to Lender until actually recei\ed by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Apphcab1e Law requirement will satisfy the corrcsponding requirement under this Security Instrument. l(i. Governing Law; Severahility; Rules of Construction. This Security Instrument shall be governed by federal law [md the law of the jurisdiction in which the Properly is located. All rights mld obligations contained in this Security Instrument m"e subjecl to [my 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 thc event that ,my provision or clause of this Security Instrument or the Note cont1icts with Applicable Law, such connict shall not affect other provisions or this Security Instrument or the Note which CWl be given effect without the cont1ictjng provision. Ç-~I / 15:)]10\\'(:1 ]njlials'~~__lJ-3.tL ~_______~ _~_,_ _ WYCiV1ING-Single FamiíY='Fannle Mae/Freddie Mac Ur\JIFŒM INSTRUMENT - MERS DocMagicC,f'."<7U1Æ,'" 800,649-1362 Form 3051 1/01 Page 9 of 13 www.cJocmagic.com \\~)J()5J.ln/m <}k.111 ,o~ ¡f ,~ ,"ì 0 I~ 8 0 \-.) v ..) As used in this Security Instrumeut: (a) words of the masculine gcnder shallmellil and include corresponding ncuter words or words of the feminine gender; (b) words in the singular shall meWl wld include the plural and vice versa; and (c) the word "may" gives sole discretion without ¡my obligation to take llilY action. 17. Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Propedy or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means llilY legal or beneficial interest in the Property, including, but not limited to, those beneficial interests tnU1sferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the trllilsfer of title by Borrower at a futme date to a purchaser. If ¡ùl or any part of the Property or ¡U1y Interest in the Property is sold or trllilsferred (or if Borrower is not a natural person ¡U1d a beneficial interest in Borrower is sold or tnU1sferred) without Lender's prior wri[(en 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 acceleration. The notice shall provide a period of not lcss thllil 30 days from the date the notice is given in accorchU1ce \vith Section 15 within which Borrower must pay all Sluns secured by this Security Instrument. If Borrower fails to pay these SlUns prior to the expiration of this period, Lender may invoke llilY remedies permitted by this Security Instmmcnt \\ithout further notice or denlimd on Borrower. 19. Borrowcr's Right to Rcinstatc After Accelcration. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at llilY time prior to the earliest or (a) five days before sale of the Property pUrSU¡U1t to ¡U1y power of sale contained in this Security Instmment; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a .Judgment enforcing this Secmity Instrument. Those conditions are that Borrower: (a) pays Lender all sums vduch then would be due under this Security Instrument ¡Uld the Note as if no acceleration had occurred; (b) cures ¡U1y dcfault of llilY other covemUlts or agreements; (c) pay's all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection imd valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) 1¡ù,es such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Seculîty Instrument, [md furrower' s obligation to pay the sums secured by this Security Instrument, shall continue unclHmged. Lender may require that Borrower pay such reinstatement SUlllS and expenses in one or more of the following forms, as selected by Lender (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided imy such check is drawn upon an institution whose deposits lli'e insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Trllilsfer. Upon reinstatement by Borrower, this Security Instrument ¡md obligations secured hereby shall remain fully effective as if no acceleratiou 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 Scrvicer; Notice of Gricvance. The Note or a partial interest in the Note (together with this Security Instrument) CWl be sold one or more times without prior notice to Borrower. A sale might result in a chllilge in the entity (kilO\\ll as the "Loml Servicer") thal collects Periodic Payments due under the Note llild this Security Instrument llild performs other mortgage loan servicing obligations under the Note, this Security Instrument, llild Applicable Law. There also might be one or more cl1iU1ges of the LmU1 Senicer unrelated to a sale of the Note. If there is a chwlge of the LOllil ServiceI', Borrower will be given written notice of the change which will state the nlline llild address of the new LOllil ServiceI', the address to which payments should be made and W1Y olher information RESP A requires in connection with a notice of tnU1sfer of servicing. If the Note is sold and thereafter the LOllil is serviced by a LOllil Servicer other thml the purchaser of the Note, the mortgage 10llil servicing obligations to Borrower will remain with the LOWl ServiceI' or be trllilsferred to a successor Loan ServiceI' and are not assumed by the Note purchaser Lm]ess otherwise provided by the Note purchaser. Neither I3orrower nor Lender may commence, join, or be joined to ¡my judicial action (as either an individual Iitigllill or the member of a class) that ¡U'ises from the other plli-ty' s actions pursuwlllo this Security Inslnunent or that alleges that the other pw-ty has breached any provision or, or any duty owed by reason of, this Security Iustrument, until such Borrower or Lender has noti[íed the other party (with such notice given in compliancc with the requiremeuts of Section 15) of such allcged breach llild affordcdlhe other pm'ty hereto a reasonable period alter the giving of such notice to take corrective action. [1' Applicable Law provides a time period which must elapse before certain action ------ ~-~ WYav1ING--Single Fami y-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS DocMagice}\Qi./úík;J 800,649,1362 Form 3051 1/01 Page 10 of 13 www.ckxmagic.com \\\'~J)ll1llm Hilclll rr\O'~90 .~ ,) , v .,.-.-< calÙ~!n~in, i~J time period will be deemed to be reasonable for purposes of this pm'agraph The notice of accelcration ¡me! opportunit}, to Cllre given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursumll to Section I S shall be dcemedto satisfy the notice [md opportunity to liù,e corrective action provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "I-Iazru'dous Subslrmces" ffi'e those subStffilces defíned as toxic or hazardous subsl<mces, pollutmlls, or wastes by Environmenuù Law and the following substmlces: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides ¡md herbicides, volatile solvents, materials containing asbestos or formaldehyde, ruld radioactive materials; (b) "Environmental Law" means federal laws ¡md laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes mlY response action, remedi<ù action, or removal action, as defincd in Environmental Law; [md (d) ¡m "Environmental Condition" me¡ms a condition that cml cause, contribute to, or otherwise trigger an Environmental Clerump. Borrower shall not cause or permit the presence, use, disposal, storage, or release of ffil)' I--lazm'dous Substrmces, or threaten to release any I !az¡U'C!ous SubStrulCCS, on or in the Property. ,Borrower shall not do, nor allow rulyone else to do, [my thing affecting the Propert)' (a) that is in violation of ¡my Environmental Law, (b) which creates ml Environmental Condition, or (c) which, due to the prescnce, use, or release of a Hazardous SubSlrmce, creates a condition that adversely affects the v[ùue of the Property. The preccding two sentences shall not apply to the presence, use, or storage on the Property of small quantities or HaL'ardous Substanccs that are generally recognized to be appropriate to normal residential uses ¡md to mainten¡mce of the Property (including, but not limited to, hazardous substmlces in consumer prodllCIS). Borrower shall promptly give Lender written notice of (a) [my investigation, claim, demmld, lawsuit or other action by mlY governmental or regulatory agency or pnvale party involving the Property and ¡my Hazru'dous SubStrulCC or Environmental Law of which Borrower has actual knowledge, (b) rury Environmental Condition, including but not limitcd to, mIl' spilling, leaking, discharge, release or threat of release or any Hazardous SubStrulCC, and (c) any condition caused by the presence, use or release of a 1 Iaz¡mlous Subs[¡mcc which adversely afTeets [he value of the Property. If Borrower learns, or is notified by mlY governmental or regulatory authority, or mlY private pru'ty, that ¡my removal or other remediation of [my Hazardous Subs[¡mcc affecting the Property is neccssmy', Borrower shall promptly take allneccssmy' rcmedial actions in aecord¡mcc with Environmcntal Law. Nothing herein shall create ¡my obligation on Lender for ml Environmcn[¡ù Cbump. NON-UN I FORM COVENANTS. Borrower ffild Lender further covenmlt ruld agree as follows: 22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assel'Í the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all SllIm secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Propel'Íy, if different, in accordancc with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shalllHlblish 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. \~-~LJ¡ \\} lXllTOWCr InitiÛ1:5V--C!-_'/ _~,\,J0ÌL VVYO'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS DocMagiceX¡üJUf1l¿1 800-649,1362 Form30511/01 Page 11 of13 www.docmagic.com \\\',"-1,(ì5l.lIJ.lm 1UI..1n G'"Jì ,r~ (-, Of:;: 9 I" ',,' 'J ..;) 23. Release. Upon paymenl of all Sluns secured by lhis Sccurity Instrumenl, Lender sha1l release this Security Instrument. Borrower shall pay allY recordation costs, Lender lIlay charge Borrower a fee for releasing this Security' InstrUment, but only if the fee is paid to a third pm'ty for services rcndered and the chmging of the fee is permitlcd under Applicable Law. 24. Waivers. Borrower releases and waives all rights LInder mld by virtue of the homestead cxcmplion laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the tenns m1d covenants contained in this Sccurity Inslillmcnt and in allY Rider executed by ßorrower and recorded with it. ~J~ <E J LOS (Seal) -BoITO\l'er (Seal) -Borrower (Seal) - Borrower (Seal) - Borrower (Scal) - BorrO\ vcr Witness: Witness: WYav1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS Form 3051 1/01 Page 12 of 13 DocMagic e.rI,,¡f1,í,\;@ 800-649-1362 www.docmagic.com \\)'JJ:51.1lt.l1112km --~ ) ¡¡ (' r, \ 0 I~ 9 l) \_' \} I J (.", State of Wyoming ) ) ss ) Counly oC LINCOLN The Coregoing instrument was acknowledged beCore me by VI LOS JAKE J VILOS, WHITNEY JO HUSBAND l\ND WI FE this 22ND day oC DECEHBER, 2005 Witness my hand ,me! official seal. o. j ,-.. ,', . -d' ~ ,-, " é ," ,( ) '.. /1//,z/Z{i5 ¿/)C\<.' ;/>2:/;"21 / '/ Notary Public " \\\\ \III 111111!!/ ,,\\. ..' ", . e. '/1/; ..' .. ," ,.. i IV I::- "/i ,';"".' .-;' \'\ t··· . ç .....~ ,>,' '. ' ,. .,'),....,_ ''ì) ~ ~:.: .,..... .} '. 'W" ( ~ -..: " 1\ l r "I '''' (.1\ :;:::. 2:' ''19," ')1-::;:' ~" i, CìJ(,¡;''''', ./~, al )',' (j):S ~ þ "r~,,-._, _ ::; {f} t ::::: :::-\'1..<;) :::::. ~ ;/, \.. Ú8LIO <::1 § ~', '<.r.. ""''' . .~.r ,~ ~ .~ "0 ......,.. .t-.\.'\'; ~ ~i ¡:: WyO\ \~ ql'l; \\\\ .1, Ii 1/ J Ii \I \ \ \ \\ ~: j( eft CiZ i L..c~:/;:Y-'f':::,'¡:Y; IPrint or Type Nmne it ' ,'\, -..¡' My commission expires (j~lê;V....L{L ..' , c./:t:::.,.-::) VVYO'v1ING-Single Family-Fannie Mae/Freddie Mac UNIFCRM INSTRUMENT - MERS Form 3051 1/01 Page 13 of 13 DocMagic Ci'ii,Üf1fi..¡;:;j 800-649·1362 www.ckx:magjc..com )'~3lJ51 ,I Ill] 11 13. kin