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HomeMy WebLinkAbout916652 ·....-.- -f ·60080, ... .", ':'__·'C"·'~''''''''~~!!~;'':)"1;'~~:1:.r~''~~~~' ·d',1·.:.;· .,.;., :·.·.._.·...·........~:..ri,~'"'~_·.~..-',_·· ,,:..~..._,.1..!lcLL:.....-~.~..~t.hIld.;,~....u-..:..:...i;.. .':'j' _.":..... . ._·r:t~fI:II:I~Io,,·.....',':<·I'"~- ,':":'£:J.:LJ.i;O;'" .........~~..~,...., ~. '. ".·~_=·!''"','"' ''"'I·.~~....~.i:I··:¡:.··,,>4!~·~~.:;~ :.. ·.,.;.t:·, ,;,.-..~~..o;¡;....a:. -J¡ 000291 rf) ÓÓ After Recording Please Return To: SUNTRUST MORTGAGE. INC. [Company Nama] RECEIVED 3/14/2006 at10:15 AM RECEIVING # 916652 BOOK: 614 PAGE: 291 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RVW 5093 [Ntlms of Natural PÐ~onJ 1001 SEMMES AVENUE [Street Addrøss] RICHMOND, VIRGINIA 23224 {City, State Zip Code] (Space Above This Une For Recording Data) Loan No.: 0203026091 MORTGAGE /" DEFINITIONS MIN 100010402030260917 I f ",J ¡J j , Words used in multiple secdons of this document are defined below nnd other words are dermed in Sections 3. 11, 13, 18.20 and 21. Certain rules regarding the usage of words used in this documcnt are also provided in Section 16. (A) "Seturity Instrument" means this document. which is dated March 4. 2006, together with all Riders to this document. (B) "Borrower" is GREGORY D NAAB, DAYNA NAAB, H/W. Borrower is the trustor under this Security Instrument. H ,l..~b;fr!¿¡{£¡vd W"'-L,c¿ST.Q)II"" t~ by il<e- Údlltetl'~s , (C) "MERS" is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is acting solely as a nominee for Lènder and Lender's successors and assigns. MERS Is tbomortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware. and has an address and telephone number ofP.C. Box 2026, Flint, MI 48501-2026, tel. (88S) 679-MERS. (D) "Londer" is SUNTRUST MORTGAGE. INC.. Lender is 11 corporation organized and existing under the laws of THE COMMONWEALTH OF VIRGINIA. Lender's address is 901 SEMM:ES AVENUE, RICHMOND. VA 23224. (E) "Note" means the pronússory note signed by Borrower and dated Murch 4, 2006. The Note states that Borrower owes Lender One Hundred Fifty One Thousand and OO/lOOths Dollars (U.S. $151.000.00 ) plus interest. Borrower has pronúsed to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1,2036. (F) "Property" means the property tbat is described below under tbe heading "Transfer of Rights in tbe Property." Wyomlnc MOr1¡¡Asc-Singlc Famlly·Fannle MatIFrc:ddle MAC UNIFOR.'f INSTRUMENT MERS Modified Form 305J (11,1)1 -T.'C~= 10<- II.III~ II ¡3~iifll~ IIIJI.~ U III~~J~( (iij1Jljl ~f,:~~~¡~i~~r~~ ~~j~~;'~t~~~ ~i~~i:':·::~:1:~~~¡ j ,I'~'¡1 4.;±;;::~ ·;1§']i¡It~{; . . ,·,:·..:r.;.:n.:n··,::¡a:,..a:.;;L .'. "t·;:."':.-·....···!.:=-.:.-:·.,;~:c!o!':·· ':"'~~';;' 'J-...',...." . ;"":"':':'~~;.;,,:Æ. ~._ - .. ~.. ,'. _ ·,,·'-'·~'-I:'·I:CC'~'·f:·.·· '."1 ......~.:;.~~J""..'i."!<~:\..~":..~:....'..".\.,.,._,'.,¡.., ....... '. c., ·",'.·;·...·,~ ~.l·..,~'!.":i': ~..' ',~ ,....."'.;. . .,......y.¥~.;!~_._:_.,:;:;, f Ó916652 C00292 (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under !he Note, and all sums due under !his Security Instrument, plus interest. (H) "RJders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: o Adjustable Rate Rider Balloon Rider Õ 1-4 Family Rider Other(s) (specify] o Condonúnium Rider Planned Unit Development Rider o Revocable Trust Rider o Second Home Rider Biweekly Payment Rider (I) "Applicable Law" means aU controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable flnol, non-appealable judicial opinions. (J) "Community A$soc:lation Dues, Fecs, and Assessments" means al1 dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Elec:tronlc Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or sinúlar paper instrument, which is initiated through an electronic terminal. telephonic instrument, computer, or magnetic tape so as to order. instruct, or authorize a financial institutioll to debit or credit all account, Such tenn includes. but is not limited to, point-of-sale lransfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse Ù1\nsfers. - (L) "Escrow Items" means tbose 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 insurallce 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 ofmo--Property. (N) "Mortgage Insürance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regnlarly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), liS they might be amended from time to time, or any additional or successor legislation or regulation that governs tbe same subject matter. As used in tWs Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage lonn" even ¡fthe Loan does not qualify as a "federa]]y related mortgage loan" under RESPA. (Q) "Successor in Interest or Borrowerlt means any party that has taken title to the Property, whether or not that party has assumed Borrower's obtigations under the Note and/or this Security Instrument. ' Wyoming Mortgll~c.SingJc Fllmily·Fannlc i\flldFrcddlc Mile UNIFORM INSTRUMENT MERS Modlßcd F0l1l130S1 O ~l 111~J~lIlJll¡ff(llj~~ IJI,~ + lllllllÆu~'ij~fI -THE COl'tffLrANCE SOURCE, INC.- ......,."..,coqJ1i;I,naun:c com .', . ·.:.; ;.'I..;..I;"I;·.!.···'...!.I.,.·.. '.·:,··.·,."-·;,·_·",·~J·.."·,',:···"!·.,,,·~·,··l.~r:·"'· .·::¡;:"JT':':Lt:'~':a:.;.:...i·, to ,-. ,-,' ··~.i..'<·'.~mir...o.:¡·.:iiL1!ú.~1·~,··~·;.:H':-,.-~.·';:':'· t: .' .... -. ..,...,.,.....;., .' """'.';..';'.'_"'~:~'ó!'.;; 091.6652 C00293 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 perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this pUtposc, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the COUNTY of LINCOLN: [1jpe of Recording Jurisdiction] {Name of Recordillg Jurisdiction] SEE ATTACHED SCHEDULE A which currently has the address of 336 E MILL ROAD [Sfml} Wyoming 83128 {Zip Codø} ALPINE, {CI,,} ("Property Address"): 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, An 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 understaDds and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but. if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell tbe Property: and to take any action required of Lender including, but not limited tOj releasing and canceling this Securi~ Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the eslate hereby conveyed and has the right 10 mongage, grant and convey the Property and that the Property is unencumbered, except f'or encumbrances of record. Borrower warrants and will defend generally the title 10 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 Prfnc~pal, 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 shaU also pay funds for Escrow Items pursualll to Section 3. Payments due uDder 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 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 WyomlDII Mortgage-Single Family-Fannie Mao'Fmldlc Mac UNIFORM INSTRUMENT -THE COMPLIANCe SOURCE, INC.- """"'.cllß\O!rll\cao...~""" MERS ModJfJcd Form 305J OtlOl II ~ Imlll íi~ìíii m mill I ~ IIII 1m m[mt1ml + 020 3 0 2 6 0 9 1 + 0 0 A D + 3 + 1 4 Ji§¡mr~f:i~~~;·~! :m§~mm¡!¡;f~ ,··t·· ,,~.;.¡¡ ,-,to.,. '..t....,. '.~ ,j_. '.. J, ',;'i r,"'~~"':"::::H.!I-U'."~'" .~..., ,~..."! ',-,,' ~;:';';';":,...:,~.~.,-.:~:.!.:,,:::.;J!...,L.it:I,..., ,¡ '. .-;"'-,;1·; f;I;CC,:.~f:l:':.iI·':'_' " .' . '....~:o:TJroþJ'-!~~':." "";"""".":!,\in'IH·".':'~·:-~:.;;·.·,~:. ~ ..." ·,co' .,.",.,.~;,..,,-: '1' '1:I~C":';'h ',:: .'. '. ..~.", w: '~'.'''..''''';~ :. 0916652 C00294 made in one. or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon nn 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 designaledin 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 bñng 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 Loa.n current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or retum 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 bave now or in the furore against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonning 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 orlbe Note. If Lender receives a payment fiom 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 exlent 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 descn"bed in the Note. Any application of payments, insurance proceeds, or Miscellaneous .Proceeds to principal due under the Note shaU not extend or pOSlpone 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 are1due under the Note, until the Note i~ 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 alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for atly and 011 insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower 10 Lender in lieu of the payment of Mortgage Insurance premiwns in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during tbe tenn 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 a11 notices of amounts La be paid under tlús Section. Borrower shan pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or a11 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 nnd where payable, the amounts 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 l1U1y require. Borrower's obJigatiC?n to make such payments and to provide receipts shall for nIl purposes be deemed to be B 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 Itcms directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Wyomtn: Mol1ga~ !ooSin&lc fømily-FAnnle MadFrcddlc Møc UNIFORM INSTRUMENT -THe COMPLlANC! SOURCE, II\C.- V(WW cømpllln'C10"R"CO/ll MERS Mødlßed Fonn 3051 01/01 II ~ HIIJlllíiH'(IIJ 11~JU. ~ 111.1 lffijí~D~W~ . -, . . r·."..... W;1_J':"·.':·'·-:"'·""~:·_.'·.''''~·'''4~'~~·~·r,=~_,,,·,'~:':·._·.~~""'-..:i..":.::..:.....;·_·.:.·..!:.;.~i,'...·...'.·. ............................ ~-.·.·~·'r;,;...'OI'_~O"C".'-!i...Io,;~-..,..;:..~.,,-t:' . , ....;~,.......'..!!'l~..', ',;.. . . .- ' ".' '.' ..'..... .J!.!..~ .... '0916652 C00295 Lender may exercise its rights under Section 9 and pay such amount and BOlTower sball then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke tbe waiver as to any or a11 Escrow Items at any time by a notice given in accordance with Section 1 S and, upon such revocation, BOlTower shall pay to Lender a11 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 pemùt Lender to apply the Funds lit 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 dala 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, instrumenlaJity, or 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 later Iban the time specified under RESPA. Lender shall not charge BOlTower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays BOlTower 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. BOlTower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shaU give to BOlTower, without cbarge, an aMual accounting oflhe 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 BOlTower as required by RESPA, and BOlTower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. Ifthere is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and BOlTower shan 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 011 sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Leader, 4. Charges; Liens. BOlTower 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, BOlTower shall pay them in the maMer provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless BOlTower: (a) Ilgrees in writing to the payment of the obligation secured by the 1ien in a manner acceptable to Lender, but only so long ås Borrower is perfonrúng 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 lien while those proceedings pre pending, but onty until such proceedings are concluded; or (c) secures trom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which can a.ttain priority over tbis Security Instrument, Lender may give Borrower ø. notice identifying the 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 lbis Section 4. Lender may require BOlTower to pay a one-time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. BOlTower shall keep the improvements now existing or hereafter erected on lbe Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not linùted to, earthquakes and floods, for which Lender requires insurance. TIùs insurance shaH be maintained in the amountS (including deductible levels) and for the periods that Lender requires. W?at Lèìtder requires pursuant to the preceding sentences can change during the tenn of the Loan. Tbe insurance carrier providing the insurance shall be cbosen by BOlTower subject to Lender's right to disapprove Borrower's choice, which right shaJJ not be exercised unreasonably. Lender may require BOlTower to pay, in cOMection with this Loan, either: Wyoming l\for1gDgc-Singlc Fllmily·FDnnlc MlldFrcddlc MAC: UNIFORM INSTRUMENT MERS Madlncd Form 3051 01.111 -~IE~~"C~ II ~II~ I II íini fill 1M III II ~II m~1rml + 0 2 030 260 9 1 + 0 0 A D + 5 + 1 4 fIII! ! '..::~ '~x·~~@ ;.~!:·i:~:'~~~':I; i:I:.P.~;:e:~.:.,;;:.~ "'.!"..:·;;!;!.,..ToIl'::....£æi~I¡.; ;¡--;"TI;·.,!.·1'!':õf..,, ~E·.::~~L~,..~¡·,·..ioi:;~i::;!£..:.~~~"......."".~..1 ·,·,;'::::'J..;.,::.c:.¡j:~;·¡~.'l'.":;,,;~'·I'oITI~~""'~.~ j~i~;"·..I'; ",'"",~,·.;,.·:,"'-C-"'':;::.!;:::.'.:.~.~~~:L.:I''~~'''_''¡'H.'::'''''';) ··f·,·"~··"""'.'.'.'¡~.~..V~'l':¡!'~:. ".0·... ''-'''''''-.f'''-':>';''~:!':'~'''i'''':'-. 0916652 00296 (a) a one-time charge for flood zone determination, certification and lrac1ång services¡ or (b) Ii one-time cha~ge for flood zone deteInÙnation and certification services and subsequent charges each time remappings or similar changes occur which reasonably might 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 deteInÙnation 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 Bny risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by tlùs Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and sball be payable, with such interest, upon notice from Lender to Bon-ower requesting payment. All insW'ance poJicies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shaH include II standard moI1gage clause, and shall name Lender as mortgagee andlor 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 premiums and renewal notices. If Borrower obtains any fonn of insW'ance 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 shalt 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, shaH be applied to restdration 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 shaH have the right to hold such insurnnce 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 undeI1aken promptly. Lender may disburse proceeds for the repairs ond 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 eQmings on such proceeds. Fees for pub1ic adjusters, or other thfrd 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 economically feasible or Lender's security would be lessened, the insurance proceeds shall be appJied 10 the sums secured by this Security Instrument, whether or not then due, with 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 related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-doy 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 on 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 reñmd of unearned premiums paid by Borrower) under all insurance policies covering the Propeny. insofar as such rights are applicable to the coverage of the Property. Lender may use the insuroDcc proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security lnstrument, 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 dale of occupancy, unless Lender otherwise agrees in Wyoming Monga¡:c-Singlc Panu1y-Fannlc MaWFrcddte Mac UNIFOR..'rf INSTRUMENT -TnE CO:\II'LIANCI SOURCE, INC.- ..-....""Ií....__..""", MERS ModlOcd FormJ051 01iUI II! IIU II íì' 'Ir¡,~ m 111111 ~ 1111111 r mmlÌl1 + 0 2 0 302 6 0 9 1 + 0 0 A D + 6 + 1 4 ·0·· , ··;'·I~':I:~~.:J,·.·I .................,......... ..,~. .'. "', . :_~ir~!!,~'!._·..:...': . - :·,!:,:.-:i:.··,,·. . . 'j. '. .,:;,,:,., ','-;' :',~,~. ·.~ ·I:J·,·':"";:'-;·!";--·"':' ·r-'.-·, :'.'¡,;~.~ï'.:l'.:. _";"'.'. '.', 0916652 ( ~00297 writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. PresernlÏon, Maintenance and Protection of the Property¡ Inspections. Borrower shan not destroy, damage or impair the Property, allow thc Property to detcriorate or conunit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property ITom deteriorating or decreasing in value due to its condition. Unless it is deten1Úned pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property jf damaged to avoid further deterioration or damage. If insurance or condemnation proceeds 4fe paid in connection with damage tOj or the taking of, the Property, Borrower shaH be responsible for repairing or resToring the Property only if Lender has released proceeds for such pwposes. 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 4fC 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 bas 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 defa.wt if, during the Loanappliéation process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in cOMection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy ofthe Property as Borrower's principal residence. 9. Protection oC 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 Sècurity Instrumel1t (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 prorect 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 4fC not linúted to: (a) paying any sums secured by a lien which has priority over this Security Instrument¡ (b) appearing in court; and (c) paying reasona.ble attorneys' fees to protect its interest in the Property and/or rights under thi!! Security Instrument, including its secured pDsition in a banlauptcy 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 ITam 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 WIder 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 shan 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 011 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 shalt pay the prenúums required to maintain the Mortgage InsllIânce in effect. If, for any ~eason. tbe 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 Insw-ance, Borrower shall pay the prcmiwns required to obtain coverage substantiaUy equivalent to the -THe COMPLIANCE SOURCE, INC.- ...-,co...,llu...ourtC.CIOIII Wyomln¡ MOr1guge-Single f3mily·Fl1nnle MuwFmld10 Mile UNIFORM INSTRUMENT MERS Modified Form 3051 01101 II ~.11I1111~iJ[mllj~ ~ I,II,! J 11111.1 lnlr~'(~~~l ~:i:I:~:~':;~:f:::;::1 ~æ~~:1 :;f~~)¡8¡~~!~!m~~~ ~ r" !;~~~mmill~f~!if~J ~·.¡·,r~"""..~.~~~r.I: - I: " ¡;4:a; ;;.:.:. ~., ~:.;,..... :~~~.,"",.~72:!J-~;"3.!II'.!" '. . .. ." '.~ ':..'-.:::':;'::'~":.:'".'!~ ;',1':',,,,:,: ·,·.·,·.·.·.·i:.·.~.: ..:,:.:. . ·"",--¡·~~,.¡¡r.s.~i:l.~;,;.~...!ltil.~.·~'l~:L:J~~::"~;::· . . ... . :', '.":.-:' :~..~'..... '." "", : " .:...:.:....,'..-... 0916652 C00298 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 lass reserve in lieu of Mortgage Insurance. Sucb lass reserve shaJl be nan-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and under shall not be required to pay B01Tower 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 termination or uQlil termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Nate. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain Josses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insuranc'e. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enler into agreements witb 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 ñlDds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any ather entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts tbat derive ftdm (or might be characterized as) a portion of Borrower's payments far Mortgage Insurance, in exchange for sbaring 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 termed "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. I (b) Any such jigreements 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 termlnatcd automatically, and lor to receIve a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termJnaUon, 11. AssIgnment of Miscellaneous Proceeds; Forfeiture. An Miscellaneous Proceeds arc hereby assigned to and sha1l be paid to Lender. . Ii the Property is damaged, such Miscellaneous Proceeds shall be applied to resloration 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 shaH have the right to hold such Miscellaneous Proceeds until under has had an opportwúty 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 10 be paid on such Miscellaneous Proceeds, Lender shall not be req~red 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 Wyoming Mon¡;a¡:c-Singlc Family-Fannie MatIFreddlc Mac UNIFORM INSTRUMENT MERS Modlßed Form 3051 01101 II ~.IIlJ ~nmJIIJ~ ~ I,IU J 11~lllJ tmnJwfiTl -TilE COMPLIANCE SOURCE, INC.- WWW,Cotl'9t¡UCClOurc..1:Om ..... ·;'~H':'~-~""""'"~!I~-:"t'~~...r.~.>b"""'_""'o/ I_-".;u¡to·~··"'·"'''''.,.!;O".·''''',f;. ',""·~'_''''''-·'';''''"M~':···- ·"~:--:"·"·""'·'·'·.~~·'·'·",Ç'!'''·f'I;'. :.'-' ,.,.....'..(".<' "-.-:":~ I~~''''''''---''''',''''Il~_:;-~''''''''''~~~'h'''''ó"~'''''~' '~..,.¡ ";,h_'.!·':''--';,",r.>:h",-"''-''''N"",-.-._,_t'",",, '.";" _,,,,_._ ._......~,<'''':.'.':I-',--.".,~ C 0029,9 0916652 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 Cor 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, iCany, paid to Borrower. In the event oía partial taking, destruction, or loss in value of the Property in which the faLr market value of the Property immediately before the partial taking, destruction, or loss in va.lue is equal to or greater than the amount of the sums secured by this Security Instrwnent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instru1Jlent 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 pacriallaking, 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 shaH be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fall' market value of the Property immediately before the partial taking, ðestruction, or loss in value is less than the amount of the sums secured immediately before the pBJtial taking, destruction, or loss in v'alue, unless Borrower and Le~der otherwise agree in writing, the Miscel1aneous Proceeds sha1l 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 dermed in the next sentence) offers to IIIBke 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 conect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instniment. whether or not then due. "Opposing Party" means the thLrd party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. ' Borrower shaH be in default if any BCnOn or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other mnterial impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occUlTed, 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 impairment 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 tolLender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shan be applied in the order provided for in Section 2. 12. Borrower Not Released¡ Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to releose the 1iability of Borrower or any Successors in Interest of BOITower. Lender shalt not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without 1imitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shan not be a wa.iver of or preclude the exercise of any right or remedy. 13. Joint IInd Several Liability; Co-signets; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shalt be joint and several. However, any Borrower who co-signs trus Security Instrument but does not execute the Note (8 "co-signer"): (a) is co-signing this Security Insln1n'\ent only to mortgage, grant Bnd convey Ihe co-signer's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any Wyoming Mon~ago-SinBlc Family-FannIe MaaIFrecldle Mac UNIFORM: INSTRUMENT MERS Modlned Form 3051 OMI! -TI"C~~~ I~ II ~ ~ III I Iffii I ~ 11I11111111iI~ IT jŒITml + 0 2 0 3 0 2 6 0 B 1 + 0 0 AD + 9 + 1 4 ¡:H~:i:::¡:::~:';:;::: ~~:.;:;:;::~:, :;~:;'~~~;;:r.~f: ::~ili~~ili;~g!;~;~ . '.~. ·.;r....'CI:IõJ:".7.;·-: ;l;'-.....!--:;, '.., '.~'. . .,' , ,,-'.::.i..... ~.:¡~.--'.:::.:,. "_.' , " '. ','. ,. ".---'- ,:.c.>/t..";::~~. .... ......~,'~.~a:',..~.... .' . '··_,..-·'Jfo' 'ð-"·...\t.:..·~-· !·',:·fHl'--f.·~'""_\i:Þo~"~,'-"':~. -, ""'. ., -., ":, '''-'',I..r.....'i:w.·I¡....;t;I~~..:. .,.':-"'¡.: ':;'~.f." ".,.;...,.....,...,.- .. ,0916652 C00300 other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without tbe co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnlment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shaH not be released from Borrower's obligations and Jiability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements ofmis Security Instrument shall bind (except as provided in Section 20) Bnd benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absencè of express authority in this Security InstTUment to charge a specific fee to Borrower shall not be construed os a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by lhis Security Instrument or by Applicable Law. . If the Loan is subject to a law which sets maximum 10Bn charges, and that law is finalJy interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed !he pemùtted 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 collected from Borrower which exceeded permitted Jimits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If 8 refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's accepla.nce of any such refund made by direct payment to Borrower will constitute a waiver of any right of acrioD Borrower might bave arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection witb this Security Instrument must be in writing. Any notice to BOITower in connection with this Security Instrument shaH be deemed to have been given to Borrower when mailed by flfst cll1SS mail or when actually deJivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shan constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address sball be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through tbat specified procedure. There may be only one designnted notice address under thls Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address slated herein unless Lender has designated another address by notice to Borrower. Any notice jD connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security InstrUment is also required under Applicable Law, the Applicable Law requirement wil1 satisfy the corresponding requirement under this Security IllStrumcnt. 16. Governing Law; Severability; Rules or Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to ony requtrements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by CODtract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with AppJicable Law, such conflict shan not affect other provisions of trus Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security lnstnlment: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural Bnd vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. BOITower sban be given one copy oClhe Note and of this Security Instrument. Wyoming Mortgage-Singlc Fumlty-Flmnla MaeIFreddle Mac UNIFORM INSTRUMErIT MERS ModIfied Fonn 3051· 01t111 _T"'~~~u:;:.'HC-IIUIII!I~IIII~ii¡jìr 111111 i I~m I mTI~f]'fm1 + 020 3 0 260 9 1 + 0 0 A D + 1 0 + 1 4 ,-'- .1' " ,'. ....~ .·.~.~!a~ ·,:û :;::..i:Ö8' ..:.: ~>.;:;:p.:, '<l,';' ¡..fI' ':':f :!Æt~ ", '.' , .. "··I.'c·:"f '.. ,.: J.;f.:~,......"";.".~., .... ·,·,·r.·.~.·.!.o!t~.....~.·.:.· " ; ,'~jJ.~l;.",,-"'j;!illHl:fI'6:;"t"a-..:.~::;tð....'f,·,·,"".~ '~,' _": ':,: . .,-" ?....'.,!.~;",;;.-,..:-- ."'¡.,.......... ",..,,','.',": ", "', "\~;~":.~':':.:':., 0916652 C00301 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficisl interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreemellt, the intent of which is the transfer of title by Bonower at a future date to a purchaser. If a 11 or any part of the Property or any Interest in the Property is sold or transferred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applioable Law. If Lender exercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a period of not less than 30 days from the dale the notice is given in accordance with Section 15 within whicb Bonower must pay all swns secured by lhis 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 without further notice or demand on Borrower. 19. Borrowerts Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before snle of the Property pursuant to any power of sale contained in this Security InstMnent; (b) such other period as Applicable Law might specify tor the tennination of Borrower's right to reinstate; or'(c) entry of a judgment enforcing this Security Instrument. Those conditions are tbat Borrower: (a) pays Lender 1111 sums wlücb then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements¡ (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender,'s interest in the Property and rights under this Security Instrument, and Borrower's obJigation to pay the sums secured by this Security Instrwnen(, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, 8S selected by Lender: (a) cash; (b) money order; (c) certified check, bnnk 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 entityj or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and ob1igations secured hereby shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate sball not apply in the csse of acceleration under Section 18. 20. Sale of Note¡ Change of Loan ServiceI'; Notice of GrIevance. The Note or a pnrtial inte'rest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a cbange iñ the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more cbanges of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Sef'licer, Borrower will be given written notice of the change wbich will slate the name and address of the new Loan ServiceI', the address to whichpayments should be made and any other infonnaDon RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is sef'liced by a Loan Servicer other thu.n the purchaser or the Note, the mortgage Joan servicing obligations to Borrower wil1 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 conunence, join, or be joined to .IIlY 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 al1eges that the other party has brenched 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 notic~ given in compliance with the requirements of Section IS) 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. tbat time period ,vill be deemed to be reasonable for purposes Wyomtl1l1 MDrtIlAQC-SioSlc Famlly.FAIIDte MacIFmldle Mae UNIFORM INSTRUMENT MERS Modlned FDnn 3051 OIMl -~&C~==~I~ II UIIIII~llltm¡Jif III,IU JII ~u ll.~rMJfI~~ r.!:~f.;:;:::::~::~ ,·j~··;~~~¿·t~ Œrl;~m;nfj ,~. ':j';",', ·:i1l:f1huao~·~·,·:,.~t¡·_·o ';_h~ f.·:.····_"'~ ·~··,'.,·~ 'W:; "'·¡··,;C,;.'i'_: ,¡"._.:.;;~;t;.:.:.)I;'~f',O:., ".;:p:! ·c.·~·iß't,.1:.o;¡;.~Ø,~_· :....,?b:''''_'~~'l!!f.. :;.~-,,:~¡,- "':'~..'_ '"të:'.;,. ,',..~ :- ·';h' !':;~~~!;,~.I".~~;>=:,:,: h . '.. n'_", ~. :'. ':L,......~...,.... '09166S~ C00302 .::........ ~ of this parasraph. The notice of acceleration and opportuIlÎty 10 cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shal1 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 bazardous 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 localed that relate to health, safety or environmental protection; (c) "Environmcntal Cleanup" includes any response action, remedial action, or removal action, as defmed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shaH not cause or permit the presence, use, cüspDsal, storage,. or release of any HlI2ardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shaH Dot 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 Substaoces that are generally recognized to be appropriate to normal residential uses Bnd to mnimenance 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 Environmenta] Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling,lea1cing, 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 affe~ts 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 accordai1ce with Environmental Law. Nothing herein shall creale any obligation on Lender for an Environmental Cleanup. NON·UNIFORM COVENANTS. Borrower and Lender further covenanl 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 othenvise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified In the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-e:ldstence of a default or any other defense of Borro\ver 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 limlted to, reasonable attorneys' fecs 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 follDwlng order: (a) to all Wyoming Mortgllge-Singlc Fllmily-Fllnnlc MacIFrcddlc Mllc UNIFORM INSTRUMENT MERS Modlncd Fonn30S1 01/01 -m~~~~~.INC~ II i m ~(iiiïí¡i 111111111 ~IIII ~ìmñl;ffl + 0 2 0 3 0 2 6 091 + 0 0 A D + 1 2 + 1 4 · '..~·.,,",.,..r'·I·"'" " ..... ..!..... " " . .-....;...;...:.;.;.;..,..... " ·.·.i-:,'.'~'.. ". " " . "', ',',','1'",'. .:;;I; ,'" ",' .,·_.,,;·:.,'."~~I~':1:";' 0916652 C00303 expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument¡ and (c) any esceS5 to the person or persons legally entitled to It. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release tlùs 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 permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtuc of tbe homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower acccpts and agrees to tbe terms and covenants contained in this Security :::: and in any Rid" exco"led by BolTnwer and recorood . i~ ~ (Seal) -BolTowcr Printed Name: [pless. Compl.t.} l)~.JJ DA ~NAAB (Seal) -BolTowcr Printed Name: IPltlse Compl.t.) (Seal) ·BolTOlVcr (Seal) -Borrower Wyomln¡: MOI1 1o ¡(!-Singlc Family·Fannle MatJFrcddlo Mile UNIFORM INSTRUMENl' MERS Modllicd Fonn 3051 OMH -T.tC~~I"C~ II II~IIIIII "[iïiij 111111 ~ I~IIII~ 11[mflm + 0 2 0 3 0 2 6 0 9 1 + 0 0 A D + 1 3 + 1 4 t:':!~I:i:j:~f:':tk' '~:3!;~~ili~~:~~ ¡i~j¡m~~~~mm~m ¡~!¡ti¡;ml~;¡~im~ ,'>',.:.~..4".'¡'''o!'!'&!, "....~!l:..>~.::"~_~.""'~;- tl:;.;:-;\1.:r!a1..:~; ;::'.::';."",,;o;;;;¡ ¡;;'.I"J;'-';£,,;:':'''.,=·''::''(£.:;10'-'=--~. ,',', ·_\,',·.·.,·.··.·,·;·A·,þ~~,,·.y-·.· . '~':. ·;,·,.;·.."'..~·i '·,~~"!"'~·,,"·i.t:i_ ":.I;<:.\t::"~\~I.;: ',' ;''',0:,,_,. ....- .,.... ·I~?.~¡~;·.·"-'· ';' . , . .... '.' .;.,.........~.:-.... 09166SZ C00304 County of LINCOLN § § § State ofWyoßÚng Before me the undersigned authority, on this day personally appeared GREGORY D NAAB and DAYNA NAAB known to me (or proved to me through an identity card or other document) to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me that belshe/they executed the same for the purposes and consideration therein expressed. Given under my hand and seal on this W-hL- day of ~~ ,~OOG, N~ q~JRo My Commission Expires: lo loS 100 :~n~ ~ RO;aTAAY :~:u: LIncoln . WyomIn& My Commission bpi.... 6-25-2006 Wyomln~ MOI1Ca¡:e-Singlc Famlly-Fannlc MaelFrwdlc MIlC UNIFORM INSTRUMENT MERS Modlncd Form 3051 OlJOI _~"C~:::~=~'INC-III~ 1~llllllllfimiíj'~1I11 ~ Iii I~~~ II i~imr!ml + 0 2 0 3 0 2 6 0 9 1 + 0 0 A D + 1 4 + 1 4 .' '1 ..~. ...... . -.' ·"::'·.I:'¡'X¡':i!a:¡· ~i:J:J:I:':l:<;'I"A:·:I,;!':¡...;~.o';';'¡., ',"' ._¡:.;.t-...¡;.."-,, . . '. '.. -:'- - ,'..... ~- ,,":~.'{:"'':: ...",,~ ;;'.': .. . :. . ··.1.'¡:·~ . ','I:'Ã:~"~'~':'~;'I" i. . ~.·',·.,.·:,'¡"¡:tK.-.i~ ';'-~·-:f·~,~ "'>~":';1' ':~',': ··'i·....··.:· 0·...:'.... ....-"....-:..:.:.:..~...'';'.~" !:,'.'-_'.: ." I,j" (·,.c,:.:,..;.;t.f¡'.....~. " . ,. L.00305, 0916652 Legal Description Exhibit "A" Lot 58 of the Thret: Rivers Meadows Estates Subdivision '"Bu, County of LincoIn,. State of Wyoming. being a. pan of the SW1l4SW1l4 ADd the- NW1I4SWl/4, Section 28, Township 37 North, Rangð 118 West, 6111 P.M.. WYQmJng., ~~::::::::::::::;::::;j, ~r::t:!1~:~:~~~,~¡; :;i;1