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Home My WebLink About916121 · ~:;:¡:: :~:::::::::~ . : " ~::;~::;":'~>'i·::i . ~:·:·;·:·:'N':·:f:'~. .' ..............,... , .., . i. l '~ :7 ~., 150071 000688 rl RetumTo: THE JACKSON STATE BANK & TRUST 112 CENTER ST., POBOX 1788, JACKSON, WY 83001 PIeparedBy: lor.en€ Cart€r ~ 1100015700062631664 ¡space Above This Line For Recorrling Dæa] MORTGAGE DEFlNITlONS RECEJVED 212212006 .at 10:13 AM RECEIVJNG# 916121 BOOK: 612 PAGE: 688 JEANNE WAGNER ~IN:~~~ COUNTY CLERK, KEMMERER, WY Words used in multiple .sections of this document .are defined below .and other words .are defined in Bections 3, 11, 13, 18, 20 .and 21. Certain rules n;garding the usage of words llSoo in this doannent .are .also provided in Section 16. (A) "Security 1nstrnment" means this document, wl1ich is dated f.ebrua ry 13, 2006 together with .all Riders to this doannent. (B) "Bon-ower" is S€an E. Coop€r and Amy Coop€r, Husband and Wif.e, as t.enants ~" by th€ .enti r.eti.es \, !\ jØ ). ! Jiorrower is the mortgagor under this Secmity 1nstrument. (C) ''Lender'' is THE JACKSON STATE BANK & TRUST lender is.a Stat.e Bank org.anized .and existing under the Jaws of THE STAll OF WYOMlNG COOPER, S&AlIRM 117683912 WYDMING-Single r.amily-FBnnie MaelFrsddie Mac UNIFDRM JNSTRUMENT o FDrm 3051 1/01 G-6(WY) (0005) Œ> Page 1 of 15 MW D5IOO.01 Initials: IIII1 ~"I" mlDm VMP MDRT.GAGEFOAMS - (8001521-7291 .: 1. ~;:~ ..~: '.i' ... I, (.' ~. .... o3if1121 C00689 Lender'saddressis 112 CENTER ST.. POBOX 1788. JACKSON, WY 83001 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated February 13. 2006 The Note states that Borrower owes Lender Four Hundred Seventeen Thousand and no/lOO Dollars (v.S. $ 417 , 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 Ma rch 1. 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider o VA Rider D Condominium Rider D Second Home Rider D Planned Vnit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (H) "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. (I) "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. (J) "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 tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "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 destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. COOPER.S&A TERM 117683912 o _ -6(WY) (00051 <Ð Initials: Page 2 of 15 Form 3051 1/01 ¿~;;~~lli~~~1~ :," op ',.l '- .. , . ~..r ..., i~:~mlli¡mmm~ "~;:I:r;r:'~;\!)' . , , t==C:''''~!i~,~!:.~¡'~'.~..·: " . ·,,::"¡·:·;..:':¡b;'·~-" .:::¡,> ',::.:t.',: :>t ...~ ,ii·'.·;,: ""ry:r,' .;¡¡;!¡o.':'.~~i·· O~j..G121 COC690 (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County of L i nco 1 n [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 3 of Henry's Mountain Estates. Lincoln County, Wyoming according to that plat filed in the Office of Lincoln County Clerk on November 4. 1996. Instrument No. 828555. Plat No. 371. Parcel ID Number: 371 Teala Drive Etna ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83118 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this COOPER.S&A TERM 117683912 0 .. -6(WY) 100051 (!) Initials: Page 3 of 15 Form 3051 1/01 r~ ~\ \;; . ,: '-., ~ <.:. ~ , ~ . f .;_. . ' ... ".:: ./.i ~ . ';;;~~jS!i~~-'¡' ~"'~;'i;;'!'.- !,','¿.". I .-::"':";';:'~~~'\~~,u~...';'. ',~ :.'~ ~"''':'::::~1..Ë;::i '. '.., ',,:.:t:,;.:·!t}i'¡';o,- :!::,-".,:'e"~t...~~ ·'·}!:..::1:att¡¡,~~f*"<:'-<~'·Y,:i·;: ';....' ': i: :.';~I;i:~ :~;~!i~~;:':;¡Sjl'{~Í,t:~~:;;!_~;':~?~?;~:j~iÕf~~~;: . O~1.61.21 000691 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following foOlls, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as 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 partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied 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 Loan current. If Borrower does 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 outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone 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 provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the teOll of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for 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 pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts COOPER,S&A TERM 117683912 o ~ -6(WY) 100051 <!> Initials: Page 4 of 15 Form 3051 1/01 . .... . .~ } , . I '" }.·,.c " .' . ("\ ..... '... .... , t:~" ;~;:f:3~~~~j:::: ~i~~~1 ~;!:::::::~f;:::m~~ ':,:':i~N'~~I:':':~ ~;;:~. ~'!'r....,rl"·i,!,~.~I.¡;. ~~;1~: i? 'j' t ,~, t'; !~'. ·':":':'~~'=':':.:~:.~O:':I:';'-;':·ì':·:·~·:~':'l';' :::S~~·';,:'i:·;·r'.:.:" '~..' '. ¡'" _',~.''!.~'::'-1::.:;.!i'":,,,. ._, _..:';....:..'t::..::.:..:~;.:0~=':';¡~'J.I~~.., . !":-~.;o.i!Ìi~'·.;:¡?;(;r;<ð,j1i!;'~~";~:· ...,.:..... "'. ·!,~_;';,:¡:..¡,;:i;·;·;~ÓII~¡;j:;:u'/. " ','\r;"·:":'¡¡'¡";·;.¡-8 031.61.21. Cor692 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, 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) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Banle Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, 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. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defmed 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 full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to 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, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the 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, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the Hen while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the COOPER,S&A TERM 117683912 o G -6(WY) (00051 @ Initíals: Page 5 of 15 Form 3051 1/01 ... .. .....i. ~' .' tL '.. '. ., r', t·; C; - m¡~i~~ffi1~~~~!¡;; . . '«':": ··J":-¡';'~?''''}(11aœi!..·ï~~~':,',~-''$·'-':,; ::f'~~~£''¡MW''Æft'!'~~-¡f}·j'~~-:;;t.'.:<'.:!:F':;:,'"''·U::¿-t;~¡õ;-:t':~''' . ··,~·~·'z:a.-"'¿~~~j.:'!.~..á.~1:c~'~7'.,;·':;.~ -~'. .~::;rp,::~,\'!.:1i'Ï.!í,~7"*:'':';tdy..ti~;;aq¡;;lÿ;~~;:;'i'j9"i.:~'i'':~;':'· t:Ft':"-:';!-,,¡"¡~;f;j.i,r'~4"'#~':;~,;:r~~-':.;.;: ;~:!:.: :~~~~j!~'~', '.::(., 031.()t~~1 COC693 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this. Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not liuúted to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject 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 Loan, either: (a) a one-time charge for flood zone detennination, certification and tracking services; or (b) a one-time charge for flood zone detennination and certification services and subsequent charges each time remappings or siuúlar changes occur which reasonably uúght affect such detennination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and uúght provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained uúght 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 rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid preuúums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econouúcall y feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse 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, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econouúcally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with COOPER,S&A TERM 117683912 o _ -6IWY) (0005) (!) Initials: Page 6 of 15 Form 3051 1/01 ) ~ ~. ":~ ~i '../ i2 i~ \~ ¡"- . . ~"..' ¡~;¡~¡:;S'!'¡!~~!~'i: I: ..'.:..~ ~I; ('<:1 ~ ..';, ::,==,;:i";;(.~~,i-I9,~")f,}l':!".; j!y.i?:I:~,. '-. ..' : -:~';'. -: ".~~,'::~j~~.':.~;.:.. ·';::~t'¡~.:<~:~l,2i~ID~f.;Y: '~: . . ~~:·;"':¡i'¥J~1,;:,~,,,:;rH~:,:t.":;·~1r~:'~:~!F:::i,~ .:.:'.'. . .!:·'~o,~,,;,:(.)~.:~::·:;.;.:.:;·.\_:~ ,; " ';';'. ';-...",.~.~~-:;,;¡.:.:-, 0916121 o {} 69 4 the eXCess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and reláted matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knöwledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable COOPER,S&A TERM 117683912 o G -6(WYI (00051 @ Initials: Page 7 of 15 Form 3051 1/01 '. ~ .;, i .~ '., '~~; t~'~~ ~~ 1 in;IHm~tfi;;~æ IiJh>f 'ò~~';~ ';'¡', "-¡~"! ~~..w.:.r.....;""~".. ;:::¡::::1:t~:::::~:::H ~:1~~~;:;r~~~:~;::~ "I 'V, '-'!;:~"!i~¡UUr.t4!i'j~+·I:i!i';'i::,:' :'·;ié'... ~·..~;.J.;:':<Y:~&-..3:-~::-,,':'.'':h't':;;L.'Y¡~t.·'',~:::_,:;,':~-i'j\ït:f.Ð'¡':::'¡?:' ".,', ';:, !:'..:::'IHK+~:~t1L~ft;f,";~;:'r.:!i!!N~;!~~í;;~:-:-., ';''',. .' .: ,';I~'. ·':'~~~~_~1;:-i'l1~~_*$:!.~t<~5~i~;~r-:;:,.:;: ~.!1~~: ::';.:,.~.~i:;¡'~:~i':~r:~~;fl~t~~i:4%f~..~~,,~·g~i;:~'-~:.;~~:Õ!...;· 0316ÅZl r· LOC695 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under 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 from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for 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 of the separately designated payments that were 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 fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for 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 for 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 for 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 for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tennination or until tennination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for 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 force from 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 of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for 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 for a share of the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." Further: (a) Any such agreements will not affect the 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. COOPER,S&A TERM 117683912 0 C -6(WYI (0005) (!) Initial.: Page 8 of 15 Form 3051 1/01 .'. - '.'~' "...,~. ~: . \: t~ ~'-~ . 'ii;~J][iim~ii~i1i! ~~ :~~~i;~~f?'~!m!¡¡: 1:" !:;~i:i;i:;:':I:!: - ----' '.., :;'- . : ~~~~~;:i2;!;~;:.!:~:~.~ ,~;:-:. :__: ~:_ :. ;':,'":<;;¡i ::{."n::,' '/¡;\!a:;, I '\;.¡,,:,! ::~>:; '. '. '",::;; ·:¡:,~'~~N¡¡i;f;f¡;;~t;·:~~¡:¡.:r~,:::,:;;, ;;~¡;~~¡!:~;4"¡'¡':',~::' ". . '... r~'" 091.bJ..Þ.;l..L 0~696 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous 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 of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the 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 of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. COOPER,S&A TERM 117683912 o G -6(WY) (0005) (!) Initials: Paga 9 of 1 5 Form 3051 1/01 , ; . t ..~ . ~ ". .~:.) ~ . : , .' ;...-, ·,~.t ..-... 'i . ..,- . ; 11;:';W:':'::;~:!ji¡~;::Y\;;; ;:, :;-; . ;:; ~ ;.'! - - ;- ,..._',.,____ o..-L_'-' . :,_\~;!i·,:::£¡.;. . ,",~._.,__;~:~~::i~:·;,.~:', :i,:;~}lli-;l~:t!-':. .':;'", ':"1.:. ':::.". . .' :.~:>:¡.:i::;;:;;t;~::,·,><·. O~)!_(i1;~1 00697 12. Borrower Not Released; Forbearance By Lender Not a Waiver. ~xtP.n~i.on af the :time far payment ar modification af amartizatian af the sums secured by this Security .Instrument granted by Lender to. Barrawer ar æy Successar in Interest af Barrawer shall nat operate to. release the liability Df Barrawer or .any Successars in Interest af Barrawer. Lender shall nat be required to. comTTIf~nee proceedings against .any Successor in Interest af Barrawer ar to. refuse to. extend :time far payment or atherwise madify .amartizatian af the sums secured by this Security .Instrument by reasan af .any dP.tTl:md:made by the original .Barrawer Dr .any Successors in Interest af Barrawer. Any farbearance by Lender in exercising .any right ar IeIDedy :including, withaut limitatian, Lender's .acceptance af payments from third persans, .entities ar .successars in Interest af Barrawer ar in amaunts less than the .amaunt then .due, .shall nat be a waiver af ar preclude the exercise af .any right ar remedy. 13. .Toint and Several Liability; Co-signers; Successors and Assigns Bound. Barrawer cavenants and agrees that Barrawer's abligatians and liability shall be jaint and several. HDwever, .any Barrawer who. co-signs this Security lnstrument but daes nat execute the Nate (a "co-signer"): (a) is co-signing this .security .Instrument anly to. martgage, gTæt and convey the .co-signer's interest in the Praperty under the terms Df this Security lnstrument; (b) is nat personally abligated to. pay the sums secured by this Security .Instrument; and (c) .agrees that Lender and æy ather Barrawer can .agree to' extend, madify, farbear or .make æy accommadations with regard to. the terms af this Security 1nstnmrent Dr the Nate withaut the .co-signer's consent. .subject to. the provisians af Sectian 18, .any Successar in Interest af Barrawer who. assumes :Barrawer's abligatians under this Security lnstrument in writing, and is approved by Lender, shall abtain all af Barrawer's rights and benefits under this Security lnstrument. Barrawer shall nat be released fram :Barrawer's abligatians and liability under this Security Instrument unless Lender .agrees to. such release in writing. The cavenants and .agreements af this Security lnstrument shall bind (except as pravided in .sectian 20) and benefit the successars and assigns af Lender. 14. Loan Charges. Lender may charge Borrawer fees far services perfDnned in connectian with .Barrawer's default, far the pUIpase af protecting Lender's :interest in the Praperty and :rights under this .security lnstrument, including, but nat limited to., attarneys' fees, property inspection.and valuatian fees. In regard to. æy ather fees, the ~bsence af express autharity in this Security Instrument to. charge a.specific fee to. Barrawer shall nat be construed as a prohibitian an the charging af such fee. Lender may nat charge :fees :that are expressly prohibited by this Security Instrument ar by Applicable Law. lfthel.oæ is subject to. ~ law which sets m;¡x;mllm loan .charges, and:that law is finally interpreted sa 1hat the interest ar ather laæ charges callected ar to. be collected in connection with the l.oæexceed the ]Jennitted limits, then: (a) .any suchlaæ charge shall be reduced by the .amaunt necessary to. reduce the .charge to. the pennitted limit; and (b) æy sums already callected from Barrawer which .exceeded pennitted 1imits will be refunded to Barrawer. Lender may chaase to. .make this refund by reducing the principal Dwed under the Nate ar by m;¡kinz ~ direct payment to. :Borrawer. If a refund reduces principal, the Ieductian will be treated as ~ partial prepayment withaut .any prepayment charge (whether ar nat a prepayment charge is provided far under the Nate). Borrawer's .acceptance Df .any such refund:made by .direct payment to. Borrawer will constitute a waiver Df .any :right af action Borrawer might have arising aut of such avercharge. 15. Notices. All natices given by Borrawer ar Lender in cannection with this Security Instrument :must be in writing. Any natice to. Barrawer in connectian with this .security Instrument shall be deemed to. llave been given to. Barrawer when mailed by first class :mail ar when actually delivered to. Barrawer's .notice address if sent by ather:means. Natice to. æy ane Borrawer shall constitute nDtice to. all Barrawers 11Dless Applicable Law expressly requires atherwise. The natice address shall be the Praperty Address unless Barrawer has designated a substitute natice address by natice to. Lender. Barrawer .shall promptly .natify Lender af Barrawer's change af address. If Lender .specifies ~ procedure far reparting :Barrawer's .change af address, then Barrawer shall only repart a change af address thraugh that .specified procedure. JJ1ere may be only ane de~ign;¡tf'd natice address under this Security lnstrument ~t .any ane :time. Any .natice to. Lender shall be given by delivering it Dr by m;¡ilinz it by first class :mail to. Lender's address .stated herein unless Lender .has designated .anDther address by natice to. BarrDwer. Any natice in connection with this Security lnstrument shall nat be deemed to. have been given to. Lender until actually Ieceived by Lender. If æy notice required by this Security lnstrument is also. required under Applicable .Law, the Applicable Law requirement will satisfy the corre.sponding requirement under this Security .Instrument. COOPER.S&A TERM 117683912 0 CD-6IWYI 100051 <!> Initials: PBge 10 Df 15 :F.orm 3051 1'01 ; . ".' '.': 1:"' ,~' ~1:*-:~:~1*¡:;t~~:' '~=;:i~:::~:!!~:t:!;r IJ~mH¡;I~~~~ ~*.'II~~~I'::::. ~:::.::f1~,.,i('f!.!. .' "i,'fìi11V~~!'I'"';i ~'aI-~,1.1J"'~¡!I'~-t·· ·t"~~'Ntlì·"!~f'f~ ·j:¡;ï:if~5:¡~j~.ii~l;·:;: ;'i:'-; : '~"~i~'l~. "':-!'::;:.c!~::' ~-'-,-' -. ·::'i:·;·;·;·;"'¡¡¡',;;:~" _.. "';;TIU:;{;~'¡ . -. ';.' ..:.;.;.; .¡-~<.., i ". :':~~;:~>:'~'. 091.J-)1;~1. nr'698 \.1 ,. 16. Governing Law; Severability; Rules of Construction. This .security lnstrument $illùl be ,governed by feder.a1law .and the law of the jurisdiction in which the Property is located. All rights .and obligations contained in this Security lnstrument .are subject to MY requirements .and limitations of Applicable law. Applicable Law might explicitly or implicitly .allow the p.arties to B,gTee by contract or it might be silent, but.such silence $illùl not be construed lIS a prohibition .against B,gTeement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable law, .such conflict .shall not .affect other provisions of this Security lnstrument or the Note which can be ,given effect without the conflicting provision. As used in this Security lnstrument: (a) words of the masculine ,gender .shall mean .and include corresponding .neuter words or words of the feminine ,gender; (b) words in the singul.ar .shall mean .and include theplural.and vice versa; Md (c) the word "may" ,gives sole discretion without any obligation to take My.action. 17. BOITower's Copy. Borrower .shall be given one copy of the Note .and of this .security lnstrument. 18. Transfer of the Property or a Beneficial Interest in BOITower. As used.in this Section 18, "1nterest in the Property" :means any legal or beneficial interest in the Property, indnrHnz, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at 11. future date to 11. purchaser. If.all or MY part of the Property or any Interest in the Property is. sold or transferred (or if Borrower is not a natur.a1 person .and 11. 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 lnstrument. 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 $illùl provide 11. period of not less than 30 .days from the date the notice is given .in lICCordance with Section 15 within which Borrower .must pay .all sums secured by this Security lnstrument. If Borrower fails to pay 1hese .sums prior to the expiration of this period, Lender .may .invoke MY rt:medies pennitted by this Security lnstrument without :further notice or demand on Borrower. 19. BOITower'.s .Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower .shall have the right to have r.nforcement of this Security Instrument discontinued 1I.t MY time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in 1his Security lnstrument; (b) such other period lIS Applicable law might specify for the termination of Borrower's right to reinstate; or (c) entry of 11. juclzmP.T1t enforcing this .security Instrument. Those conditions .are that Borrower: (11.) pays Lender .all sums which then would be due under this Security lnstrument.and the Note lIS if no lICCeleration had occurred; (b) cures MY default of any other covenants or B,gTæments; (c) pays .all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable 1I.ttomeys' fees, property inspection .and v.a1uation fees, .and other :fees incurred for the purpose of protecting Lender's interest in the Property .and rights under this .security Instrument; and (d) takes such action lIS Lender may reasonably require to 1lSSure that Lender's interest in the Property .and Iights under this Security lnstrument, Md Borrower's obligation to pay the.sums secured by this Security lnstrument,.shall continue 1Inc.hanzed. Lender may require that Borrower pay such reinstatP111ent sums Md expenses in one or more of the following forms, as selected by lender: (11.) cash; (b) money order; (c) ..certifIed check, bank check, treasurer's check or cashier's.check, provided MY such .check is .drllwn upon .an institution whose deposits .are insured by 11. federal .agency, instn'mP.T1ta1ity or entity; or (d) Electronic Funds TIMsfer. Upon reinstatement by Borrower, this Security lnstrument .and obligations secured hereby $illùl remain fulIy effective lIS if no lICCeleration.had occurred. However, this right to reinstate .shall not llpply.in the case of .acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Griev.ance. The Note or 11. partial interest .in 1he Note (together with this Security Instrument) can be sold one or .more times without prior notice to .Borrower. A sale might result .in a change in the entity (known lIS the "Loan Servicer") that collects .Periodic P1I.yments .due under the Note.and this Security lnstrument .and performs other mortgage loan .servicing obligations under the Note, this Security lnstrument, Md Applicable Law. There .also might be one or more changes of the Loan Servicer unrelated to 11. sale of the Note. If there is 11. cillmge of the Loan .servicer, Borrower will be ,given written notice of the cillmge which will state the name .and .address of the :new Loan Servicer, the .address to which payments should be :made.and MY other information RESPA COOPER.S&A TERM 117683912 o G-ô(WYI (D005) @ Initials; Page 11 of l5 TDrm3051 1101 ¡ -I.- 1--'" \ .. , .""f.... "' ~~"~~ ,!', .~-; ,/:..,-~''i:;;~.,:,:.." . ~;. ,: 'Z':'·:~~;:!¡·:';;;!:':·::!~~,1;~~;i~~~~.L:~;:':'~r.~~ ~~~::;'?:11'iit:;~:~··i~:;·::~; ,.: .ii,":':'\';;i'i2;'-::.:;...~ . '.~: - "':~·~<':·:·:O:';·:~Ä~~·å·~:~c-':' 'c':'~ '..~.~i:~~;!::~2:.,;~~f~j.~1p¡¡':~:'i'o;~?;"~~~J~~~:.i.;'i~~~~ .;:.::.}:;;!.:;.-:qþ¡~'~;:i~:~<·~'.::W¡.~,;.~.k~i~~;::g¡r:$:J~i' 0316.1.;·~:l , Or699 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. COOPER,S&A TERM 117683912 o . -6(WY) 100051 <!> Initials: Page 12 0115 Form 3051 1/01 '.' ... It ì ,.. . ,~ ; "'~ ~rmjilllm1 .) . . r::;~;w':;.' ~::*;:!:::::::::::::: .' .'·:·~~~.i,:·,:tti:~:j~j:)1!~~~;·.¡:¡:I:-: '~.:i~;(;· ,:\j ;::¡:: ;F~;:i~ ;~~~!~.:'!¡::.: '::'. ';"':'.' ...... ,.... ":-'~N::M.\!~'·:' " :.- ·:·;jlj!~':';l;.J.~~~~~':it!Z,~(: ,~.:.~ ;·'.r]~~5ÐN-:I;f';i:f.lb:21"5!;Þ;;1r:;·~ï·"':·: ,', . ""; . ~:!;.;~:I :!'::'i~ i';:;'.;;.;. ':!;~·z·::;~:~ :':0; . O~1J)1:~1 00700 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and 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 assert 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 sums secured by. this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead ex~mption laws of Wyoming. COOPER.S&A TERM 117683912 o ca -6(WY) (00051 <!> Initials: Page 13 of 1 5 Form 3051 1/01 .~. ; ( 1..i i. ..... . 'I . \;~~I:~:~:!;I:~i¡~i~' ;¡ì;;';: <=" ::~!i i: '.:!:,~.~~. ;,t:t:î:'IÎi:::·. -:'::E .~_, .~,. ·:<.·':;;{[t~;:#'~;':.: .'_;_-oC.__ ~·~~~'~·:~""'»:·1f:~~.}' . ::¡·~f2;'~~~'fflf"¡{~!:;;r!;;;.r-;cm~h'ü\~'·! ~8: ,,-;;:L~'::,'.:,."." . ;~·:::·:'J,:t~~S~¡:~1r~~~1~¡,r.~ o9161.::~1 00701 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: s~ - (Seal) -Borrower ~0r--. Amy'-eõope (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower COOPER.S&A TERM 117683912 o G-6(WY) 100051 <!> Page 14 of 15 Form 3051 1/01 f ,'" i .~ .", .J " '; i ,. ¡,,'¡>:~mm~j~i~¡~ ::~;¡~~~m;i .'......,'.. ~H!. .. .. . ;·:\~~;9.¡~dif¡.mi!¡!î!..b::!i!¡!i!i:i!£~:;·'ß.·::,~:-:!~!i",;.1~li'l¡¡i::·~);'7.~,.:~t.:";.""":'-'~Z£.2:,*lW;;::6::',=-:·· ;i::'~' ··";;~i: :'b:~: ,'í'~~.9Å'"~~.i~"":~;' '..''-:.,:i.':~:;;. ';J ". '.. ':·"r¡j"¡.·~~W~1~!~?'".¡b~;:i¡'!¡.)::~~~·::;::.:¡· ~<;:~:~":....~ií!~:i~~:~j~;:¡~~!¡;~~:J:;!~¡:¡f:;.~:~:~;;¡P::;~.:': ";" ';~i~i~~~:;.:.:,. '. ·O~1.61-21. 000702 STATE OF WYOMING, Teton County 55: The foregoing instrument was acknowledged before me this February 13, 2006 by Sean E. Cooper and Amy Cooper. Husband and Wife. as tenants by the entireties My Commission Expires: CATHY TOOL. SON. Notary Public County of Slate of Telon Wyoming . Commllllon Exp/reI May 14, 2006 (l¡:bf:;:A-~~ Notary Public . ...; COOPER,S&A TERM 117683912 o . -6(WY) (0005) @ Initials: Page 15 of 15 Form 3051 1/01 r :;.~