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HomeMy WebLinkAbout915633 ~1ffi;1~mi!~11;~~~ :~;:::::j;::;:;f.~:~i ;!~!:;:~!;i~~i;::!;:: ::Jr ..16 After Recording Return TOI FLAGS TAR BANK 5151 CORPORATE DRIVE TROY, MI 48098 FINAL DOCUMENTS, MAIL STOP W-530-3 RECEIVED 1/31/2006 at 3:56 PM RECEIVING # 915633 BOOK: 611 PAGE: 116 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY VI WBCD LOAN # 500971623 [Space Above This Line For Recording Data] MORTGAGE I MIN 100052550097162332 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JANUARY 31, 2006, together with all Riders to this document. (B) "Borrower" is TOD PONCIANO A Married Man, 'l1:gNAH'l1S-¡'N-~OMMOH..... ~ and ANGELA PONC1ANO) A MARRIED WOMAN HUSBAND AND WIFE \ Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Isthe mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS, (D) "Lender" is HOMEQUEST MORTGAGE. ) I (1 'n ./ Lender is a CORPORATION, under the laws of IDAHO. 55 S STATE, PRESTON, ID 83263. organized and existing Lender's address is (E) "Note" means the promissory note signed by Borrower and dated JANUARY 31, 2006. The Note states that Borrower owes Lender ************************TWO HUNDRED FIFTY THOUSAND AND NO/100 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * Dollars (U.S, $250,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2036. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be executed by Borrower [check box as~licable]: o Adjustable Rate Rider L-J Condominium Rider 0 Second Home Rider D Balloon Rider 0 Planned Unit Development Rider DOther(s) [specify] D 1-4 Family Rider D Biweekly Payment Rider D VA Rider WYOMING--Single Family-FannIe Mae/Freddie Mac UNIFORM INSTRUMENT © 1999·2004 Online Documents, Inc. Page 1 of 8 (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions, (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument. computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous 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 ¡f'(\~ WYEDEED 0402 01-27-2006 16117 Form 3051 1/01 Initialsl " 05:"'5633 (. ("\ r '" ~..l7 ...., fJ \.) J. V1 WBCD LOAN :f 500971623 destruction of, the Property; (ii) condemnation or Dthertaking Df all Dr any part Dfthe Property; Oii) conveyance in lieu Df condemnation; or (iv) misrepresentations of, Dr omissions.as to, the value and/or condition Dfthe Property, (N) "Mortgage Jnsurance" means insurance prDtecting .Lender against the nonpayment Df, Dr default Dn, the .Loan. (0) ~Periodlc Paymenf' means the regularly scheduled amount due for (i) principal and inter~t under the Note, plus (ii) any amounts under Section 3 Df this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C, §2601 et seq.) l:md its implementing regulation, Regulation X (24C.F.R. Part 3500),.as they might be E.mended irom time to time, Dr any additiDnal Dr succ~sor legislation Dr regulation that governs the same subject matter, As -used in this Security Instr-ument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a ""ederally related mortgage loan" even if the .Loan does not qualify.as a ""ederally related mortgage ioan" -under RESPA. (Q) "S-uccessor In Jnterastof Borrower"means any party that has taken title to the PTDperty, whether Dr not that party has .assumed BorTDwer's Dbligations -under the Note and/or this SeclJrity Instr-ument. TRANSÆR OF RIGHTS IN THE PROPERTY This Security Instr-umentsecur~to.Lender: (i) the repayment Dfthe.Loan , and aU renewals, extensions and modifications Dfthe Note; and (ii) the performance Df BorTDwer's covenants and agreements -under this Security instrument and the Note. FDrthis purpose, BorrDwer noes hereby mortgage, grant and convey to MERS (solely.as ncmineefor .Lender and .Lender's successors and assigns) and to the successors and assigns Df MERS, with power Df sale, the following nescribed prDperty located in the COmn'Y ) Name cl Recorrling Juriscliction) Df .LIBCOLN INAme cl Rscorrling Juriscliction]: MF.'T'F.~ ~ Bounds AP.N :f: .12-311B-31-1-00-003.00 BEE A'IT.ACHEÐ:EXHTIHT Å whichcurrentlyhastheaddr~sDf ìB7ll us Jlwy B9, SMOOT WYDming B3126 IZip Corle] ("Property Address"): fStrset] ) City] TOGETHER WITH all the improvements nOWDr hereafter erected Dn the pTDperty ,and all easements ,appurtenanc~, andftxtur~ now Dr hereaftera part Dfthe pTDperty, All replacements and additions shall also be covered by this Security InstTlJment. All Dfthe foregoing is referred to in this Security instrument.as the "Property. .. BOTTDwer -understands and agrees that MERS holds Dnly iegaltitle to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with Jaw Dr ClJstom,MERS (as nominee 10r l.ßnder and l.ßnder's successors and assigns) has the right: to exercise any Dr all ofthose inter~ts, including, but not limited to,the right to 1oreclose and sellthe PrDperty; and to take any action required of .Lender including, but not Jimited to, releasing and cancelinflthis Security Instrument. BORROWER COVENANTS that BorrDwer is lawfully seised Df the estate hereby conveyed and has the riflht ío mortgage, grant and convey the PrDperty and that the PrDperty is -unencumbered, exceptforencumbrances DTr-ecord, BorrDwer warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines -uniform covenants 10r national-use and non--uniform covenants with Jimited varjations by jurisdiction ío constitute a -uniform security instr-ument X:Dvering real prDperty. UNIFORM COVENANTS. BOTTDwer and .Lender covenant and agree..as iollows: 1. PByment of PdncipBl, Jnterest, Escrow Jtems, PrepByment Charges, .and Late Charges. BorrDwershall pay when duethe principal of,and inter~ton ,the debtevidenced by the NDteand any prepayment charges and late charges due -under the Note, BorrDwer shall also pay 1unds 10r Escrow Items pursuant to Section 3. Payments due -under the Note and this Security Instr-ument shall be made in U.S, x:urrency, However, if any check Dr Dther instrument received by .Lender.as payment-underthe Note Drthis Security Instr-ument is returned to l.ßnder -unpaid ,.Lender may require that any Dr all subsequent payments nue -underthe Noteand this SecJ.lrity Instrument:be made in Dne Drmore Dftheiollowing 1orms, .as selected by.Lender: (a) x:ash; (b) money Drder; (c) certified check, bank x:heck, treasurer's check Dr x:ashier's check, pTDvided any such check is drawn -upDn an institution whose neposits are insured by a iederal aflency, instr-umentality, Dr entity; Dr (d) ElectTDnic F-unds Transfer, Payments lire deemed received by .Lender when received atthe location designated in the Note Dr at such Dther Jocation.as may be designated by .Lender in accordance with the nDtice pTDvisions in Section 15..Lender may return any payment Dr partial payment if the payment Dr partial payments are insufficient to bring the .Loan x:um:¡nt..Lender may accept any payment Dr partial payment insufficient ío bring the .Loan current, without waiver Df any rights hereunder Dr prejudice to its rights ío refuse such payment or partial payments in the1uture, but.Lender is not Dbligated to apply such payments at the time such payments are .accepted. If each Periodic P.ayment is lipplied .as Df its scheduled .due date, 1hen .Lender need not pay inter~t Dn -unapplied 1unds,.Lender may hold such -unapplied 1unds -until BOTTDwer mak~ payment to bring the .Loan current. If Borrower does not do so within a reasonable period Df time, l.ßnder shall either lipply suchiunds Dr return them to BorrDwer. Jf not applied earJier, such iunds will beapplied to the outstanding principal balance -under the Note immediately prior to 1Dreclosure. No :offset Dr claim which BorrDwer might have now Dr in the iuture against.Lender shall rel.ieve BorrDwer"from making payments due -under the Note and this Security Instr-ument Dr performing the x:ovenants lind Bflreements seclJred by this Securitylnstr-ument. 2. AppJicatlon ofPByments or Proceeds. Except.as Dtherwise described in this Section2,lill payments accepted and applied by .Lender shall be applied in the iollowing Drder D1 priority: (a) interes1 due -under the Note; (b) principal nue -underthe Note; (c) amounts due -under S~ction 3. Such payments shall be applied to each Periodic Payment in 1he :Initials: ~ çR WYEDEED 0402 01-27-2006 ~~:~ì WYDMING-Bingle FlImily-hnnle .MaelFreddle Mac UNIFDRM JNSTRUMENT © 1999-2004 DnlineDDClJments, Inc. Page 2 of B FDrm 30511/D1 i::~:fm:i~:!:1¡!:::; ~!"';Milt~~Mj~~~J ¡~¡i~!;¡m~l~l~~~TI:~, P -f"'" .-633 " ~''--' -1....... .. '<JJ...:.-~ ~]i~¡OOf~ r!\{'o~.f8 '-' ~,,) L· -L ....l V1 WBCD LDAN ~ 500971623 order in which it became due. Any remaining amounts shall be applied first to late charges, second to any otheramounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a paymentirom Borrower1or a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received irom Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in 1ull. To the extent that any excess exists "liter the payment is applied to the1ull payment of one or more Periodic Payments, such excess may be applied to any late :charges due. Voluntary prepayments shall beapplied1irsttoany prepayment charges and then as described in the Note, Any application of payments, insurance proceeds, Dr Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide1or payment of amounts due 1or: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums 10r 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 with the provisions of Section 10. These items are called "Escrow Items." At origination or atanytime during the term oftheLoan ,.Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, 1ees and assessments shall be an Escrow Item. Borrower shall promptly1urnish to.Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds 10r Escrow Items unless Lender waives Borrower's obligation to pay the funds for any or all Escrow Items. Lender may waive Borrower's obligation to payto.Lenderfunds1orany or all Escrow Items atanytime. Any such waiver may only be in writing. In theevent of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items 10r which payment of funds has been waived by .Lender and, if Lender requires, shall1urnish 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 shall10r all purposes be rleemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section g, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower1ails to pay the amount due 10r an Escrow Item, .Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to .Lender any such amount. .Lender may revoke the waiver as to any Dr all Escrow Items at any time by a notice f iven in accordance with Section 15 and, upon such revocation, Borrower shall pay to .Lender all Funds, and in such amounts, that are then required under this Section 3. .Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit .Lender to apply the funds at the time specified under RESPA, and (b) notto 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 offuture Escrow Items Dr otherwise in accordance with Applicable .law, The Funds shall be held in an institution whose deposits are insured by a 1ederal agency, instrumentality, Dr entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no Jater than the time specified under RESPA. .Lender shall not !:harge Borrower 10r holding and applyinf the Funds, annually analyzing the £!Scrow account, Dr verifying the Escrow Items, unless Lender pays Borrower interest on the funds and Applicable.law permits .Lender to make such a :charge. Unless an agreement is made in writing Dr Applicable.law requires interesttobe paid on the funds,.Lender shall notbe required to pay Borrower any interest Dr earnings on the funds. Borrower and Lender !:an agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. /fthere isasurplus offunds held in escrow, asdefined underRESPA,.LendershallaccounttoBorrowerfortheexcess iunds in accordance with RESPA. /fthere is a shortage of funds held in £!Scrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in ac!:ordance with RESPA, but in no more than 12 monthly payments, If there isa deficiency of Funds held in£!Scrow,as defined under RESPA, .Lender 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 1ull of all sums secured by this Security Instrument, .Lender shall promptly refund to Borrower any funds held by.Lender. 4. Charges; .uens. Borrower shall pay all taxes, assessments, charf es, iines, and impositions attributable to the 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, ifany . To theextentthatthese items are Escrow Items, Borrower shall pay them in the manner provided in Section 3, Borrower shall promptly discharf e any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment ofthe obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, Dr rlefends against enfor!:ement of the lien in, lef al proceedings which in .Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures irom the holder ofthe lien an .a9reementsatisfactory to .Lender subordinating the lien to this Security Instrument. If .Lender determines that any part Dfthe Property is subject to a lien which can attain priority over this Security Instrument, .Lender may give Borrower a notice identifyin9the lien. Within 1 D days of the date on which that notice is g ¡ven, Borrower shall satisfy the lien ortake one or more of the actions setiorth above in this Section 4, .Lender may require Borrower to pay .a one-time chargeiora real £!State tax verification and/or reporting service used by .Lender in !:onnection with this l...oan. 5. Property Jnsurance. Borrower shall keep the improvements now existing Dr hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, -earthquakes and 1loods, ior which .Lender requir£!S insurance. This insurance shall be maintained in 1heamounts (including deductible levels) and for the periods 1hat.Lender requir£!S. What.Lender requires pursuant to 1he preceding sentences can change During the 1erm of the Loan, ìhe insurance carrier providing the insurance shall be :chosen by Borrowersubjectto .Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. .Lender may require Borrower to pay I jn connection with 1his l...oan, either: (a) a one-time charge iPrilood :zone determination, certification and tracking services; or (b) a one-time charge ior ilood :zone determination and certification servic£!S .and subsequent charges-each time remappings or similar chan9es occur which reasonably mi9ht affect such rletermination or !:ertification, Borrower shall also be r£!Sponsible ior 1he payment of any iees imposed by the federal Emergency Management Agency in connection with the review of any 1lood :zone determination resultin9 irom an objection by Borrower, WYOMING-Binf le F.amily-F.annle MaelFraddle Mac .uNIFORM JNSTRUMENT © 1999.,2004 Online Documents, Inc, P.age:3 of B Form 30511 /01 :Initials: .~ ~ WYEDEED D402 Dl-27-2006 16 :~7 " ,"'0 ,C,(1 r-1:" ~ 3 00..:.-uJU~ (' {\ 0l.of 19 ""Jl1 v~ HaCD LOAN * 50097~623 If Borrower fails to maintain any of the coverages rlescribed above, Lender may obtain insurance coverage, at Lender's Dption and Borrower's expense. Lender is under no obligation to purchase any particular type or amount Df l:overage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in 1he Property, or the contents Df the Property, against any risk, hazard Dr 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 this Security Instrument. These amounts shall bear interest at the Note rateirom the date Df disbursement and shall be payable, with such interest, upon notice "from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals Df such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name l.ßnder as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to l.ßnder all receipts of paid premiums and renewal notices. If BorrDwerDbtains any form Df insurance coverage, not otherwise required by l.ßnder, "for rlamage to , or destruction Df,the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/Dr as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and l.ßnder ,l.ßnder may make proof Df loss if not made promptly by Borrower, Unless l.ßnder and Borrower Dtherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by l.ßnder, shall be applied to restoration or repair of the Property, if the restoration orrepair is economicallyfeasibleand l.ßnder's security is notJessened. During such repair and restoration period, Lender shall have the rightto hold such insurance proceeds untill.ßnderhas had an Dpportunity to inspect such Property to ensure the work has been completed to l.ßnder's satisfaction, prDvided that such inspection shall be undertaken promptly.l.ßnder may rlisburse proceeds "for the 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, l.ßnder shall not be required to pay Borrower any interest Dr .earnings Dn such proceeds. Fees "for public adjusters, or other third parties, retained by BorrDwer shall not be paid out Df the insurance proceeds and shall be the sole Dbligation Df Borrower. If the restoration or repair is not economically "feasible or Lender's security would be lessened I the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether Dr notthen due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the Drder provided "for in Section 2. If Borrower abandons the Property,l.ßnder may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice irom l.ßnder that the insurance J:arrier has Dffered 10 settle a claim, then l.ßnder may negotiate and settle the claim. The 3D-rlay period will begin when the notice is given. In either event, Dr if Lender acquires the Property under Section 22 Dr otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance prDceeds in an amount notto exceed the amounts unpaid under the Note Dr this Security Instrument, and (b) any Dther Df Borrower's rights (other than the right10 any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar .as such rights are applicable to the !:overage of the Property, Lender may use the insurance proceeds .either to repair Dr restore 1he PrDperty or to pay amounts unpaid under the Note Dr this Security Instrument, whether or not then due, 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within EO rlays after the execution ofthis Security Instrument and shall continue to Dccupythe PrDperty.as Borrower's principal residence for at least one year after the date of Dccupancy, unless l.ßnder Dtherwise agrees in writing, which consent shall not be unreasonably withheld, Drunless extenuating drcumstances exist which are beyond Borrower's !:ontrol. 7. Preservation, Maintenance and Protection of 1he Property; Jnspections. BorrDwer shall not rlestroy, rlamage Dr impair the PrDperty, allow the PrDperty to rleteriorate or !:Dmmit waste Dn the Property, Whether Dr not Borrower is residing in the Property, Borrower shall maintain the PrDperty in order to prevent the Property "from rleteriorating Dr decreasing in value rlue to its l:ondition. Unless it is rletermined· pursuant to Section 5 that repair Dr restoration is not economicallyfeasible, Borrowershall prDmptlyrepairthe PrDpertyifdamagedtoavoidfurtherdeterioration Dr rlamage, If insurance Dr !:ondemnation prDceeds are paid in connection with rlamage to, orthe taking Df, the Property, BorrDwer shall be responsiblefor repairing Dr restoring thePrDperty only if l.ßnder has released proceeds for such purposes. Lender may rlisburse proceeds forthe repairs and restoration in a single payment Dr in a series Df prDgress payments .as the wDrk is !:ompleted. Ifthe insuran!:e or cDndemnation pTDceeds are nDt sufficient to repair Dr restore the PrDperty, Borrower is not relieved of BorTDwer's Dbligation "fDr the !:ompletionDf such repair Dr restoratiDn, ..Lender Dr its agent may make reasonable entries upon and inspections ofthe PrDperty. If it has reasonable J:ause, Lender may inspect the interior Df the improvements Dn the PTDperty. l.ßnder shall give BorrDwer notice at the "time of Dr prior to such an interior inspection specifying such reasonable cause. B. BorrDwer's Loan Application. Borrower shall be in rlefault if, rluring the l..o.an application PTDcess, BorrDwer Dr any persons Dr .entities acting llt the dir.ection Df Borrower Dr with BorTDwer's knDwledge Dr consent gave materially ialse, misleading, Dr inaccurate infDrmation Dr statements toLender (orfailedto pTDvidel.ßnder with material information) in l:onnection with the Loan. Material representations include, but are not Jimited to, representations l:oncerning BorrDwer's Dccupancy DfthePTDperty.as BorrDwer's principal residence, Ð. Protection of Lander's Jnterest In 1he Property and Rights Under1his Security Jnstrument. If (a) BorrDwer iails to perform the !:ovenants and agreements contained in this Security Instrument, (b) there is a Jegal proceeding that might significantly affect Lender's interest in the Property and/Dr rights under this Security Instrument (such as a pTDceeding in bankruptcy, pTDbate, ior !:ondemnation Driorfeiture, ior .enfor!:ement Df a lien which may attain priorîty overthis Security Instrument orto enfDrce Jaws Dr regulations), Dr (c) BDrrower has abandoned the PrDperty, then l.ßnder may rlo and payior whatever Is reasonable or appropriate to prDtect l.ßnder's interest in the PrDpertyand rights under this Security Instrument, including prDtecting and/Drassessing the value Dtthe PTDperty, and securing and/or repairing the PrDperty.Lender'sactions J:an include, but are not limited to: (a) payinganysums secured bya lien which has priority Dver this Security Instrument; (b) appearing in !:ourt; and (c) paying reasonable attorneys' fees to pTDtect its interest in the PrDperty and/Dr rights under this Security Instrument, including its secured position in a bankruptcy prDœeding. Securing the PrDperty includes, but is nDt limited to, .entering the PTDperty to make repairs, change Jocks, replace Dr board up rloors and windows, rlrain water irom pipes, ~liminate building Dr Dther !:ode violations Dr rlangerDus !:onditions, and have utilities turned Dn Dr D11. Although Lender may take action under this Section 9, Lender rloes not have to rlosoand is not under any rluty Dr Dbligation to do so. It is agreed that Lender incurs no Jiabilityfor notíaking .any Dr all actions authorized under this Section Ð. Any amounts rlisbursed by Lender under1his Section 9 shall become .additional rlebt of Borrower secured by this Security Jnstrument. These amounts shall bear interest at the Note rate iTDm the rlate of rlisbursement and shall be payable, with such interest, lJpDn notice irDm Lender to Borrower requesting payment. WYDMING-Bingle F.amily-FJlnnla Mae/Fraddie Mac lJNIFDRM JNSTRUMENT Form 30511/01 © 1999-2004 DnlineDacuments, Inc. Page 4 of B :Initia1s: r \\~ WY£DEED D402 D~-27-2006 ~6:~7 r:i;òljf.....,.!iI.I.I.'¡i~ "',.j~. t,'"I:~!, ,~¡ ~';!:2:~~~:l;¡~~;~ , . ~:¡ .-', U··~- J~ ¡:ii!¡¡¡¡1¡¡¡¡m¡m!¡¡¡ r' 1"\ ("',1 ("', 0 ".' :..- ~ ':" V1 WBCD LOAN ~ 500971623 If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. Borrowershall notsurrenderthe leasehold estate and interests herein conveyed or term inate or cancel the ground lease. Borrowershall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires tee title to the Property, the leasehold and the tee title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition ofmaking the Loan , Borrowershall pay the premiums required to maintain the Mortgage Insurance in effect. If, tor .any reason, the Mortgage Insurance coverage required by Lender ceases to be availabletrom the mortgage insurerthat previously provided such insurance and Borrower was required to make separately designated payments toward the premiums tor Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount oithe separately designated payments thatwere due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the -tact that the Loan is ultimately paid in tull, and Lender shall not be required to pay Borrower any interest or earnings on such Joss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and tor the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums ior Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums tor Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until .Lender's requirement tor Mortgage Insuranceends in accordance with any written agreement between Borrower and Lender providing tor such termination or until termination is required by Applicable Law. Nothing in this Section 1 0 affects Borrower's obligation to pay interest at the rate provided in the Note, Mortgage Irisurance reimburses .Lender (or any entity that purchases the Note) ior certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in iorce irom time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms .and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of1unds thatthe mortgage insurer may have available (which may includetunds obtainedirom Mortgage Insurance premiums), As a result ofthese agreements, Lender, any purchaser ofthe Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the -toregoing, may receive (directly or indirectly) amounts that derive irom (or might be characterized as) a portion ot Borrower's payments ior Mortgage Insurance, in exchange tor sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange tor a share of the premiums paid to the insurer, the arrangement is otten termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Jnsurance, or any other terms of the Loan. Such agreements will not Jncrease the amount Borrower will owe for Mortgage Jnsurance, and they wm not entItle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - jf any - with respect to the Mortflage Jnsurance under the Homeowners Protection Act of 1998 or any other Jaw. These rights may Jnclude the right to receive certain disclosures, to request and obtain cancellation of1he Mortgage Jnsurance, to have the Mortgage Jnsurance terminated automatically, snd/or to receive a refund of sny Mortgage Insurance premiums that were J.mearned at the time of such .cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be .applied to restoration or repair oithe Property, if the restoration or repair is economically ieasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the rightto hold such Miscellaneous Proceeds until.Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. .Lender may payiorthe repairs and restoration in a single !lisbursement or in a series of progress payments asthe work is 'completed. Unless an agreementis made in writing or ApplicableLaw requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower .any interest Dr earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically ieasible Dr Lender's security would be Jessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Jnstrument, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied jn the order provided ior in Section 2, In the event of a total taking, Destruction, or loss in value oithe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if :any, paid to Borrower. In theevent ofa partial taking, destruction, or loss in value oithe Property in which theiairmarket value oithe Property immediately before the partial taking, destruction, Dr Joss in value is equal to Dr greater than the :amount ofthe sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower :and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount otthe Miscellaneous Proceeds multiplied by the following traction: (a) the total amount ofthe sums secured immediately before the partial taking, destruction, Dr loss in value Divided by (b) the iair market value of the PrDperty immediately before the partial taking, !lestruction, or loss in value. Any balance shall be paid to Borrower. In theevent of a partial taking , destruction, or Joss in value of the Property in which thetairmarket value of the Property immediately before the partial taking, destruction, Dr Joss in value is less than the :amount of the sums secured immediately before the partial taking, destruction, Dr loss in value,lJnless Borrower and .Lender otherwise agree in writing, the Miscellaneous Proceeds shall be :applied to the sums secured by this Security Instrument whether Dr not 1he sums :are then due, Jfthe Property is abandoned by Borrower ,or if, atternotice by LendertoBorrowerthatthe Opposing Party (as !letined in the next sentence) offers to make an award to settle a claim ior damages, Borrower1ails to respond to .Lender within BO days :aiterthe date the notice is given, ti!nder is :authorized to l::ollect and apply the Miscellaneous Proceeds either to restoration Dr repair of the Property Dr to the sums secured by this Security Jnstrument, whether Dr not then !lue, ··Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of :action jn regard to Miscellaneous Proceeds, WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30511/01 © 1999-2004 OnlineDocuments, Jne. Psge 5 of B J:nit:W.s: -r ÞR WYEDEED .Q402 Dl-27-2006 16:.17 10. r' _. .,,', --~33 tL.;~: ~,j;'~ :-:1°121 ~. "v \.: V~ WBCD LOAN ~ 50097~623 Borrower shall be in default if any action or proceeding, whether civil Dr criminal, is begun that, in .Lender's judgment, could result in forleiture of the Property Dr Dther material impairment of .Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as prDvided in Section 19, by causing the .action Dr proceeding to be dismissed with a ruling that, in .Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Jnstrument. The proceeds of any award or claim for damages that are .attributable to the impairment of .Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair Dfthe Property shall be .applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. 'Extension Df the time for payment Dr modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower Dr .any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest Df 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 Dtherwise modify amortization Dfthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Jnterest of Borrower. Any forbearance by .Lender in exercising any right or remedy including, without limitation, .Lender's .acceptance of payments frDm third persons, entities Dr Successors in Interest of Borroweror in amounts less than the amountthen due, shall notbe.a waiver of or preclude the exercise Df .any right or remedy, 13. .Jojnt and SeverallJabllity; Co-signers; Successors and Assigns Bound. Borrower covenants .and .agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Jnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument Dnly to mortgage, fIrantand convey the co-signer's interest in the Property underthe terms Dfthis Security Instrument; (b) is not personally Dbligated to pay the sums secured by this Security Instrument; .and (c) aflrees that.Lender and .any other Borrower can agree to extend, modify, forbear or make .any .accommodations with reflard to the terms Df this Security Instrument Dr the Note without the co-signer's consent. Subjectto the provisions of Section 1B, any Successor in Interest DfBorrower who .assumes Borrower's Db ligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights .and benefits under this Security Instrument. Borrower shall not be released irom Borrower's Db ligations .and liability under this Security Instrument unless .Lender agrees to such release in writing, The covenants and agreements ofthis Security Jnstrument shall bind (except as provided in Section 20) and benefit the successors .and .assigns Df .Lender, 14. .loan Charges..Lendermay charge Borrowerfeesforservices perlormed in connection with Borrower's default, tor the purpose of protecting .Lender's interest in the Property and riflhts under this Security Instrument, includinf), but not limited to, .attorneys' fees, property inspection and valuation fees. In regard to .any otherfees, the absence of express authority in this Security Instrument to charge.a specific fee to Borrower shall not be construed .as.a prohibition Dn the charging of such fee, .Lender may not charge fees that .are expressly prohibited by this Security Instrument Dr by Applicable Law, Ifthe Loan is sub jectto a Jaw which sets maximum loan charges, and that law is finally interpreted so thatthe interest Dr other loancharf)es collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) .any such loan charge shall be reduced by the .amount necessary to reduce the charge to the permitted limit; .and (b) any sums already collectedirom Borrower which exceeded permitted limits will be refunded toBorrower..Lendermay choose to make this refund by reducinf) the principal owed underthe Note or by makinf) a £Iirect paymenttoBorrower. If a refund reduces principal, the reduction will be treated.as.a partial prepayment without any prepayment charf)e (whether Dr not a prepayment charf)e is provided for under the Note). Borrower's .acceptance of .any such refund made by £Iirect payment to BorrDwer will constitute a waiver of any right Df .action Borrower might have .arisinf) DUt Df such Dvercharf)e. 15. Notices. All notices £liven by Borrower or .Lender in connection with this Security Instrument must be in writinf). Any notice to Borrower in connection with this Security Instrurnentshall be deemed to have been f)iventoBorrower when mailed by first class mail Dr when .actually £Ielivered to Borrower's notice .address if sent by Dther means. Notice to .any Dne Borrower shall constitute notice to all Borrowers unless Applicable.Law expressly requires Dtherwise. The notice address shall be the Property Address unless Borrower has £Iesif)nated a substitute notice .address by notice to .Lender. Borrower shall prrimptly notify .Lender Df Borrower's change of address, If .Lender specifies a procedure for reporting Borrower's change of .address, then Borrower shall only report.a change of address throuf)h that specified procedure. There may be only Dne desif)nated notice .address underthis Security Instrument at.any one time. Any notice to .Lender shall be f)iven by delivering it or by mailinf) it by first class mail to .Lender's .address stated herein unless .Lender has :desif)nated another .address by notice to Borrower. Any notice in connection with this Security Instrument shall not be £Ieemed to have been f)iven to.Lender until actually received by.Lender. If.any notice required by this Security Jnstrument is .also required under Applicable Law, the Applicable Law requirement will satisfy the correspondinf) requirementunder this Security Instrument. 16. GoveminflLaw; Severability; RulesDf Construction. This Security Instrument shall be f)overned by federal law.and the law Dfthe jurisdiction in which the Property is located, All riflhts .and oblif)ations contained in this Security jnstrumentare sub jecttoany requirements and limitations Df ApplicableLaw. Applicable Law might explicitly Dr implicitly .allow the parties to agree by contract or it might be silent, but such silenceshall notbe construed as.a prohibition .against .agreement by contract. In the event that .any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflictshall not affect Dtherprovisions Dfthis Security Instrument Drthe Note which can be f)iven effect without the conflictinf) provision. As used inthis Security Instrument: (a) words oithe masculine f)ender shall mean .and include correspondinf) neuter words or words ofthe ieminine £lender; (b) words in the singular shall mean and include the plural.and vice versa; and (c) the word "may" gives sole £Iiscretion without any Dblif)ation to tak-e .any action. 17. Borrower's Copy. BorrDwer shall be given one copy ofthe Note .and Df1his Security Instrument. 1B. Transfer of the Property or a Beneficial Jnterest jn Borrower. As used in this Section 1B, "Interest in the PrDperty" means any legal Dr beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for :deed, contract tor £Ieed, installment sales contract Dr escrow agreement, the intent Df which js the transfer Df title by Borrower .at a future £late to .a purchaser. If all or any part of the Prop-erty Dr any Interest in the Property is sold Dr transferred (or if Borrower is not a natural p-erson and.a beneficial interest in Borrower is sold or transferred) without .Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this Dption shall not be exercised.by.Lender if such exercise is prohibited by Applicable Law. If .Len£ler exercises this Dption, .Lender shall £live Borrower notice Df .acceleration, The notice shall provide.a period Df not less than 30 days from the £late the notice is given in .accordance with Section 15 within which Borrower must pay ~tiaJ.s: r/ W WYEDEED D402 D~-27-2006 ~6:~ì WYDMING-Binflle F.amily-F.annle MaelFrÐdtfle Mac UNIFORM JNSTRUMENT @1B99.,2[)()4 DnlineDacuments. Jne. Pafle :6 of B FDnn30511/01 '¡; ·':lftr.t.::Mi::;1 ~!;:;ljmti~!¡I~ ~~:;\;'·;;>:·:I\':-:¡ c' '." .~! !~;mw:~;~::;~::,:~;:CJ) v:::::,,~:u~ùù ::¡]~~m~~~1S .r' r'I C.¡ r.2 . f ¡ C. '.",' . J. Vl WECD LOAJI :# 50097~623 BII sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withoutiurther notice or demand on Borrower, 19. Borrower's Right 10 Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued Bt any time prior to the earliest of: (a) iive days before sale of the Property pursuantto any power of sale contained in this Security Instrument; (b) such other period as Applicable.Law mightspecifyforthe termination of Borrower's rightto reinstate; or (c) i:!ntry of a judgment i:!nforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default ofBny other covenants or agreements; (c) pays all i:!xpenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and otherfees incurred forthe purpose of protecting Lender's interest in the Property and rights under this Security Instrument; Bnd (d) takes such Bction BS Lender may reasonably require to assure that Lender's interest in the Property Bnd rights under this Security Instrument, Bnd Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one Dr more ofthefollowing forms, as selected by Lender: (a) cash; (b) money Drder; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon Bn institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. Sale Df Note; Change Df Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower, A sale might ri:!suJt in a change in the entity (known as the "Loan Servicer") that collects P-eriodic Payments due under the Note Bnd this Security Instrument and performs other mortgage loan servicing Dbligations under the Note, this Security Instrument, and Applicable Law, Ther-e also might be one or more changes of the ..Loan Servic-er lJnrelated to a sale of the Note. If there is a change ofthe Loan Servicer, Borrower will be given written notic-e ofthe change which will state the name Bnd address of the new Loan Servicer, the addr-ess to which payments should be made and Bny Dther information RESPA r-equires in connection with a notice oftransfer ofservicing, Ifthe Note is sold and thereafterthe wan is serviced by a Loan Servicer Dtherthan the purchaserofthe Note. the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferr-ed 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 (asi:!ither an individual litigant Dr the member of a class) that arises from the other party's Bctions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the r-equirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to tak-e corrective action, If Applicable Law provides a time period which must elapse before certain Bction can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cur-e given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 1 B shall be deemed to satisfy the notice and opportunity to take corrective Bction provisions of this Section 20. 21. Hazardous Substances. As used in this Section21 : (a) "Hazardous Substances" arethosesubstances defined as toxic or hazardous substancßS, pollutants, or wastes by Environmental Law and the following substances: gasoline, k-erosene. Dther11ammable ortoxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos oriormaldehyde, and radioactive materials; (b) "Environmental.Law" means federal laws and Jaws of the jurisdiction where the Property is located that relate to health. safety Dr environmental protection; (c) "Environmental Cleanup" includes any response action , remedialaction, orremoval action , as defined in Environmental Law; and (d) an ·'Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger Bn Environmental Cleanup. Borrower shall not cause or permitíhe presence, use, disposal, storage, Dr release of any Hazardous Substances, Dr threaten to release any Hazardous Substances, on Dr in the Property. Borrower shall not do, nor .allow anyone else to do, .anything.affectingthe Property (a) that is in vio1ationDfanyEnvironmental.Law, (b) which creates an Environmental Condition, or (c) which, duetothe presence, use, or release of a Hazardous Substance, creates a condition that adversely .affects the value of the Property. Thepreceding two sentences shall notapplytothe presence, use, or storage on the Property Df small quantities of Hazardous Substances that are generally r-ecognized to be appropriate to normal residential uses .and to maintenance Dfthe Property (including, but not limited to, hazardous substances in consumer products), Borrower shall promptly give Lender written notice of (a) Bny investigation, claim. demand, lawsuit or Dther Bction by Bny governmental Dr regulatory Bgency Dr private party involving the Property Bnd any Hazardous Substance Dr Environmental.Law of which Borrower has actual knowledge. (b) anyEnvironmental Condition. including but not limited to, Bny spilling, leaking, discharge, release Drthreat of release Df .any Hazardous Substance, Bnd (c) any condition caused by the prß$ence. use Dr release of B Hazardous Substance which Bdversely Bffects the v~lue of the Property, If Borrower learns, or is notified by Bny governmental or regulatory lWthority, or any private party, thatBny removal Dr Dther remediation Df any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take BII necessary remedial actions in Bccordance with Environmental.Law. Nothing herein shall creat-eany obligation on Lender for.an EnvirDnmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant Bnd Bgree as follows: 22. Acceleration; Remedies. Lender shall give notIce 10 Borrow-er prior 10 acceleration following Borrower's breach Df Bny covenant or agreement in 1his Security Jnstrument (but not prior 10 acceleration JJnder Section 1 B JJnlessApplicable.Law provides otherwise). The notice shall specify: (a) 1he nefault; (b) the action required to 1:ure the default; (c) a date, not less than 30 daysfrom the date 1he notice js given loBorrower, by whichthedefBult must be 1:ured; and (d) that failure to 1:ure 1he default on or before the date specified jn the notice may result in acceler.ation of the sums secured by this Security Instrument and sale Df the PrDperty. The notice shall further jnform Borrower Dfthe right to reinstate after acceleration and 1he right10 bring a court action 10 assert 1he non- existence Df B default or any o1her nefense of Borrower to acceleration and sale. If the default js not 1:uredon or before the date specIfied in the notice, Lender at Its option may require immediate payment in full of all sums secured by 1hls Security Jnstrument wIthout further nemand and may invoke the power of sale and any other remedies permitted by Applicable .Law. Lender shall be entitled 10 1:oJiect .all expenses Incurred in pursuing 1he remedies provided in 1his Section22, including, but not jimited 10, reasonable attorneys' fees and costs of1ltle ~vidence. WYOMING-Bingle F.lImily-F.annle Maelf'reddle Mac UNIFDRM INSTRUMENT Fnrm 30511/01 © 1999-2004 Online Dncuments, Inc. Page 7 of B Initials: ~ ~ WYEDEED .0402 Dl-27-2006 .16:.17 :.I; .. , -' ~:::iC; 33 ,\ J. -~~; ~ ~ -u f"nc.,nQ '-- v ; -'. t:, "in 1mCD LOA1l :# 30097 ~623 Jf Lender tnvokes the power of sale, Lender shall give notice of intent to foreclose to Borrower snd 10 the person tn possession of the Property, if different, tn sccordance with Applicable Law. Lender shall give notice of the sale to Borrower tn the manner provided in Section 15. Lender shall publish the notice of sale, snd the Property shall be sold tn the manner prescribed by Applicable Law. Lender or Jts tfeslgnee may purchase the Property st sny sale. The proceeds of the sale shall be spplied tn the "following order: (a) to sll expenses of the sale, including, but not Jimited to, reasonable sttomeys'fees; (b) 10 sll sums secured by this Security Instrument; snd (c) sny excess to the person or persons legally entitied 10 Jt. 23. Release. Upon payment of all sums secured by this Security Instrument, .Lender shall release this Security Instrument. Borrower sh.all pay any recordation J::osts, .Lender may J::harge Borrower a iee ior releasing this Security Instrument, but only jftheiee is paid te.a third partyior services rendered and the J::h.arf ing of the 1ee is permitted under Applicable Law, 24. Waivers. Borrower releases .and waives BII rights underBnd by virtue ofthe homestead exemption Jaws of Wyoming. BY SIGNING BELOW, Borrower B.J::J::epts ilnd ilgTees 10 the terms Bnd J::Ovsnants J::ontained in this Security Instrument ilnd in Bny Rider -executed by Borrower ilnd reJ::Orded with it, County D£ LDlCOLN ~~. ~~OD P CIAJrO , ~ rtò<0OJü .AN J>ONOANO ) ) 55. ) (Beal) Btate D£ WYOMDTG ~e :for-egoing .:instrument was .acJcnowJ.-edged .be£Dr-e ~e.by TOO roNCIANO .AND ANGELA PONCIANO ±his 31!IT rlay D£ ,T~mmny, lOOn wi±.ness :my l1a.nd .and o££it::ia1 5eal.. (B_d)~ )/~"'=Y p~ Glon.a ]C. ::Byers (Print Dr type .name) .My r'nmm; ..:sion Expir-es: 9-l5-07 GLDRIA K. BYERS - NOTARY PUBUC County of ~ State of lJncoln ~ Wyoming My CommissIon Expires Sept. 15,2007 WYOMING-Bingle F.amily-F.anniø Mae/Fraddiø Mac UNIFORM JNSTRUMENT F.orm 30511/01 © 1999-2004 Online Documents, 1m::. Paf e B Df B WYEDEED D4D2 D~-27-2006 ~6:~7 .: :~II¡¡¡~(¡·~:'· .:j~1 ..../?'..'" 1 ,~.. .--. "'¡¡ ~.~ ,. f ....' ~t-,-..\...I"-..M ~J~¡~~~ r .n, f' '" ("4 "-' ~) ~.'...t ..~ EXHIBIT A Pm of the NWIANEIA of Section 31, T31N R118W of the 6th P.M., Lincoln County, Wyoming, being more particularly described .as follows: :Bezhminz.at 11 point S 0°36'02" .E, 296.86 feet from the J3LM type mnnnmeTJt found mHTkin£; the North Quarter Comer of said Section 31, llI1d rnnnin.e; thence S 89Q40'41" .E, 305.16 feet 10 11 point on 11 spjnù :in the west right of W11Y line of BighW11Y 89; thence southerly 1llong last said .sp.iral, 11 chord of said.spiral bearing S 6°06'10" .E, 45.74 feet 1011 HighW11y:mnnnment mHTkin£; the beginning of 11 circular curve.havffig 11 Iadius of 1984.859 feet; then~ rennin£; 1ll0ng last said curve furough 11 .central .angle of 8Q31'31" .an lIIC distance of 295.5279 feet; thence I1mninz S 89Q07'37" W, 144.07 feet to the centerline of the Old Road from Smoot 10 Afton· , thence N 38°21'00" W., 1llong .said centerline 359.15 feet; thence N OQ36'02" W., 33.92 feet to the poÙ1t of beginninz.