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Home My WebLink About916822 MAR-15-2Ø06 18:21 SOUTHlJEST TITLE CO 307 877 9602 P.10 ç-3 After Recording Return To: Philip R. Mattingly PO Box 58604 Salt Lðke City, Dr 84158 000744 RECEIVED 3/21/2006 at 3:34 PM RECEIVING # 916822 BOOK: 614 PAGE: 744 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE DEFINITIONS Words used in multiple sections ofthís document are de,fincd below and other words are defined in Sections 3, II, 13. 18: 20 and 21. Certaio roles l'egardhlg the usage: of words used in this document are also provid(\d in Section 16. (A) "Securit}' Instrument" means this document, which is dated March-1.§., 2006, together with all Riders to this docun1ent. (B) "Borrower" is Paul Woodie and Kimberly Woodie. B~ll'1'ower is the mortgagor under this Security Instn.lmcllt. , (C) "Lender" is Philip R, Mattingly. Lender is an individual. Lender's address is P.Q, Box .5&604 Salt Lake City. OT 84158 Lender is rhe mortgagee under this Scc,urity Instrument. (D) "Note" means the promissory note signed by Borrower an.d dated March.2-~ 2006. The NQte states that Borrower owes Lender Seventy Five Thousand Dollars (u.s, $75.000.00) plus interest. BOlTower has promised to pay this debt in regular Periodic Payments and to pay the debt in fun not later than March~. 2007. (E) "Property" means the property that is descl'i~d below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest and late charges due under the Note, and AU sums due under this Security Instrument, plus interest. (G) "Riders" mean all Riders to this SecurHy Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): o Balloon Rider (H) ,¡ Applicable Law'~ means aU conttolling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect oflaw) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fee$, and Asse,ssment.9" means all dues, fees, ASsðssments a...ì1d other charges that are imposed on Borrower or the Property by a condominilun association, homeO¥i"necs association or similar organh:ation. (J) "Electronic Funda Transfer" means any transfer of funds, other than a tra.nsaction originated by check. draft, or sirnilàI' plipðr instrument. which is initiated through a.n electTonic terminal. telephonic instrument, computer, or magnetic tape so as to order, instruct. or authorize a linancial WYOMINr.-S¡nloll~ Fllmity-Ftonir ~iI!/f'ftddlt !\'IIIC UNIFORM INSTR~J~tNT Fllrm 30S1 1101 (pllgli 1 of 1\1 pa¡::c$) J ,'- '~..'...'..."'..'o:.-"'.';'''...'.....'...., '·r..'............· ..$I.......:', \ -..;¡ 1..I.:\"o-.~.,.· .~. ,",.,""".:~~.. , .. .' ,., ,,~ ;.,.......r.,.,.a:r..~o:'.:.. . I. ······r·"I.·,-,.........·.......;...,\·.._...~~.·_;"'·.,.....·..... ..':...1.''".......,...'. ........ MAR-15-2ØÐ6 18:22 'SOUTHWEST TITLE CO 307 877 9602 P.ll 0916822 000745 institution to debit or credit an account. Such tenn includest but is not limited tOt point-of-sale transfers: automated teller machine transactions; ttansfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "l\fisceUaneous Proceeds" means any compensation, settlementt awa.r.d of damages,or proce~s paid by any third party (other than insura.nce proceeds paid under tbe coverages described in Section 5) for: (i) darl1age to, or destruc.tion of, the Property; (ii) condemnation or other taking of all or any part of the Property; eiii) conveyance in lieu of condemnation; Or (iv) mi~representations of, or omissions as to, the value and/or condition of the Property, (1\1) "Mort~aee Insurance" means inSlU'aIlCe protecting Lender against the nonpayment of, or default on, the Loan. ' (N) "Periodic Payment" means the regularly scheduled an10unt due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "IŒSP A" means the Real Estate Settlement Procedures Act (12 U.s. c. §260 1 et seq,) and its implementing reg-ulation, Regulation X (24 C.F.R. Part 3500), as they might be amended fTom time to time, or 811)' additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP An refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does tlot qualify as a. "federally related mortgage lOán" under RESPA. (P) "Successor in Interest of Borrower" means any pur1y 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 perfonmmce of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Bon-ower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns. with power of sale, the following dt"-$cribed property located in Lincoln COl\T1ty, \\'yoming A portion of Tract 90, T24N RII9W of the 6th P,M., Lincoln County, Wyoming being ð. part of that tract of re.cord in the Office of the Clerk afLincoln County in Book 98PR on page 559, more particularly described as follows: BEGlNNING at a pointon the Westerly right-of-wayli/1e of the U.S. High\.\'ily30 North, which point lies N 58 degrees 23 minuto$ W, 2144.7 feet from Corner No.2 of said Tract 90: thence N 11 degrees 33 rninutes 12 seconds W, 208.70 feet along the Westerly right.of-way line of the U.S. Highway 30 North; thence N 89 degr~es 10 minutes W, 83.00 feeti thence S J I degrees 33 rnInutes 12 seconds E, a distance of287.36 feet; thence N S6 degrees 24 minutes 49 seconds E, 87.46 feet to a point on the Westerly right-of-way line of U.S. Highway 30 NOrthi thence N 11 degrees 33 minutes 12 seconds W, 28.04 feet along said right.of-way line to the point ofbe¡inning. V/hich currently has the address of 120 South Highway 30, Cokevil1e, Wyoming: .... YOa.irNG-!;lnglt I'a"'ily-Fnnnl. l'I1a.J)trttJdit Mae UNIFORM NSt~lIMENT Funn )051 1/01 (¡h7çl1;1 qf Jd pagel) .I::);m~~, r~'.'.'.'.'.I,li_i.~· ~::~~~~~~: !'f¥"8i"¡;"~I' " ¡"'t:",~4~~I~·i~!::~ 1. .TI.:~¡'r~~~~¡1t· !Þ. 0:;w.i".,. ..Z!~~, ~;:':~!:i' ~~¡:;~~ (:~Z~;:;::.~:;~ " ."., .-...-...:....,...........-.....-.......-.........-....--.-....,' ..........,..........,._................,- ", '-'.'-" .,~...,~", ~..'"'....,.............."'.." . ....-.. -. - .,>..........".....,-,-....."~-_...~..,."'.,,....~-........,'.........,..~., ,~" ," .'.... ......;...."'......... .-.......... MAR-15-2Ø06 18:23 SOUTHI£ST TITLE CO 307 8779602 P.12 0916~2~ ;.·00746 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 repla.cements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Secwity Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of1he estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,. Borrower warrants and will defend gent:rany the title to the Property against all claims and dem,ands, subject to any encwnbrances of recörd. THIS SECURITY rNSTRUMENT combines uniform covenants tòr national use and 110n~ wliform covena.'lts with limited variations by jurisdiction to constitute a wlÍfom1 security instrument covering real property. UNIFORM COVENANTS. Borrower and Lendðr covenant and agree as follows: I, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal úf, and interest on, the debt evidenced by the Note a.1'ld any prep¡iyn"1ent 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 Iristrument shall be made in U.S. currency, However, if any check or other instrument received by Lender as payment under the Note or this Sec.uti.ty Instrument is returned to Lenderunpaid, Lender may require that any or all subsequent pa;...ments due under the Note and this Security Instrument be made in one or more of the following fonns, a.~ 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 u.pon an institution whose deposits are insured by a federai agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the 1ocation designated in the Note or at !!uch other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any pa.yment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment Dr partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to l'etuse such payment or partial payments in the future, but Lender is not obligated to apply such pa}ments at the time such payments are acce:pted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fimds. Lender may hoJd 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 sllch funds or return them to BOlTower. If not applied earlier, such funds will be applied tt'> the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which BOlTOWCr might have now Or in the filture against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the cov~nants and agreements secured by this Security Instrument. WYOMING-Sincle FSllIily-F,¡nnlc MAciFreddk ;\1~c ll:'ollFORM IN$TRIJMEN'r Fo rm Jl)fõ I 1/11 (pac. 3 qf J 6 ,r>(,g.") ....',..,'..','.,.........'. r1AR-l~-2ØØ6 18: 23 9JUTHl<EST T r TLE CO 307 877 96132 P.13 ·::00747 091.6 8 2~. Application of Paym.nls or Pro.eeds. 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 shaH be applied first to late chArges, second to any other amolU1ts due undêr this Secutity InstrWTJent, and then to reduce the principal balance of the Note. If Lender receives a payment from 'Borrower for a delinquent P~riodjc Pa)1Uent which includes a sufficient amount to pay any late charge due, the paY111ent may be applied to the delinquent payment and the lí'1te 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, ea.ch 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 mote Periodic Payments, such excess may be applied to any late charges due. V oluntar)' prepayments shall be applied first to any prepayment charges and then as described in the Note. Any a.pplication 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 Pa.)1nents. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due U11der the Note, until the Note is paid in full, a sum (the "Funds") to provide fer payment of aUloU11ts due for: (a) taxes and assessments and other items which can attain prìori1y over this Security Instrument as a Hen or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (0) premiums for any and all insurance required by Lender under Section 5; and Cd) Mortgage Insurance premiums, if any, Or a..'1y gums 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 term of the Loan. Lender may require that Community Association Dues, Fees, and Assessments. if any, be escrowed by Borrowe.r, and such dues, fees and assessments shall be M Escl"ow Item. BOITower shaH promptly furnish to Lender aU notices of amounts to be paid under this Section. Bon-ower shall pay Lender the Funds for Escrow Items unless Lender waives BOITower'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 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 a.s Lender may require. Borrower's obligation to make such payments aod 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, pU1$Uant to a waiver, and Borrower fails to pay the ronount 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 FU(lds, 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 Ul1der RESP A, and (b) not to exceed the maximum amolUlt a WYOMJNC·-Sin~lc Famil:r-Fannie Mae/Frcddlt Mae UNIFORM fNSTR.lJMENT Forn130!\l 1/01 (paí:~;/ oj ¡¿ F"(c'J) ;~~1;~:~~;~i}~r;j r.~í' ¡,·'t~~~!·r~:i;,!1 ;tjl;o.i,,,',i.ii:ji,,¡:, ':::':':f:'NI¡'i·N'~: ;';'-~:!:-J!N~~U &~~~*:;ml~:i:::: ~i~&f~tÞ,';~1~N~JtlW ·...·......u ......_... . .............~~.._._~ MAR-15-2Ø06 18:24 SOUTHWEST TITLE CO 307 877 9602 P.14 0916822 ·00748 lender can require under RESP A Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otllerwise in accordance with Applicable Law. The Funds shall be held in an ÍnstitutiQn whose deposits are insured by a federal agency, jnstrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall appJy 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 Foods and Applicable Law permits Lender to make such a chargð. 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. LendeX' shall give to Borrower, without charge, an annual acc,ounting of the Funds as required by RESPA. Ifthere is a surplus of Funds held in escrow, as defined under RESP A, Lender shall aCCOlU1t to Borrower for the excess funds in accordan,ce with RESP A. I{there is a shorta.ge of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A. and Borrower shall pay to Lender the amount necessary to make up the shortage in accQrdance with RESP A. but in no more than 12 monthly payments. If there is a deficiency of Fun.ds held in eSC1'OW, as defined under RESP A, Lender shall notify Borrower as tequired by RESP A, and Borrower shall pay to Lender the amount necessary to malœ up the deficiency in accordance with RESP A, but in no n11)re 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. Chnrge.!i; Liens. Borrower shall pay all ta.xes, assessments, charges) fines, and impositions attributable to the Property which can attain priority oyer this Security Instrument) leasehold payments or ground rents 011 the Property, if any, and Commooity Association Dues.. Fees, a.nd Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the m.anner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security InSÍlurnent 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 loni as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement ófthe lien in, jegalprocee:dings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings ~ire 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 Instrumen.t. If tender 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 lien, Within lO days ofthe date On which that notice is given, Borrower shall satisfy the lien or take one or more of the ~Ictions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate ta.x verification and/or reporting service used by Lender in cOlUlection with this Loan. 5. Propert}' Insurance. Borrower shall keep the improvements now existing at hereafter erected on the Property insured agàinst loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to: earthquakes and floods, for which WYOMINC-S¡nðç 7~mily-·F.nDle MU1f'l"clldic \flit UNIFORM II'ISTRUMENT Form 30St t/\ll (p{lgd oj J6 P'¡8~.t) .....,...;.,...,........,........,., . . 'L" ..~ "<.' . .".".; '. ,.;'..-..,."............................-.... . r,..:'.....,..;."..,..,.......·,··,~..··l~<,..."'..",\~.'..." ,_",,,.,.,.,,'_"_ _','_-',. :..,.,.,.,.';.......~.....-.., ',:.; ,'.,. ...,......~.. MAR-15'-2006 18: 25 9JUTHlÆST TITLE CO 307 877 9602 P.1S '091.6822 C00749 Lender requires insurance. n1i5 insurance shall be maintained in the amounts (includ.mg deductible levels) and for the periods that Le,ndef requires. What LendeJ:" requires pursuant to the prec.eding sentences can change during the term of the Loan. The insurance carrier providing the insuranc.e shall be chosen by B01'!ower subject to Lender's right to disapprove Borrower's choice. whidl right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time chàrge for flood zone detemlination, certification and tracking selvices; or (b) a om:-1ime charge for tlood zone determinat.iol1 and certification services a..'1d subsequent charges e.ach time remappings or simHar changes occur which reasonably might affect such determination or certification. Borrower shaH also be responsible for the pa.yment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Bon-ower. If Borrower fails to mainta.in any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation t() purchase any particular type or amount of coverage. Therefore, such coverage shall Cover Lender, but might or might not protect Borrower. Borrower's equity ill the Property, or the contents of the Property, against any risk, hazard or liability and n1ight provide gœater or lesser coverage than was previously in effect. Borwwer acknowledges that the cost of the insurttnce coverage so obtained might significan,tly e;cceed 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 nom the date of disbursement and shall be pa.yable, wíth such interest, upon notice from Lender to Borrower requesting payment. AU insurance poHcies required by Lend~f and renewaJs of such policies shall be subject to Lender's right to disapprove such polioies, shall include a stMdard mortgage clause, and shall name Lender as mortgagee and/or a$ an additional loss payee. Lender shall have the Tight to hold the policies and renewal certifjc~tes. If Lender requires, BOlTOwer shall promptly give to Lender all re~eipts of paid premiums and r(~nel,val notices. IfDorrower obtains any fonn ofinSUtal1ce coverage, not otherwise required by Lender, for damage to, or destruction ot: the Property, such poHcy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of lossþ Borrower shalJ give prompt nDtic,e to the insura.'1ce carrier and Lender. Lender may make proof of loss if not made promptly by BOITOwer. Unless Lender and 'Borrower otherwise agree in writing, any insurance proceeds, whether or not the Wlderlying insuran.cè wa~ re-qui red by Lender. shall be appJied to .restoration or repair of the Property, if the restoration or repair is economically feasible an.d Lender's security is not lessened. During such rðpair and restoration period. Lender shall have the right to hold such insurance proe,eeds until Lender has had an opp'.)rttlnity to inspect suc,h 'Property to ensure tbe work has been completeà to Lender· s satisfaction, provided that such inspet~tion shall be UtJdertakell promptly. Lender may disburse proceeds for the repairs and restoration in a single payment Or in a series of progress payinents 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 ec,onon1ícal1y feasible or Le.nder's security would be lessened, the il1sUflu1ce proceeds WYOMINGo.Sin¡i! lfimi'..F",nllle P,f¡it/Freddi~ M.~ tfNIFOItM INSrntlMEN1 FOrm JO!i1 1/01 (po(:ø f5 0/ 16 JX1~J) :!::::~~T:~g¡:~¡::; I;:,~.:~~:.:~; :~*I¡¡:~~~m!!¡I!!¡~i ~"í',~'''nt ,','I'.'.',','?,I,',', ::~:·:':·Nf:~':'::' ....-. ·,·,·.~,·.~.·..·rl'". . _. _. ..' .,. . ..... - ..., ,........,......'............ . . .. . --.~ ~.'~..I..:·~...'r_'/'·· ......,.po>,,!....,. A... -r, '-¡'( . '.. I '.' ....' ',' -"~;'. ':'J[..~ . .., ,···:..··~··...·.·..~.·J·I:'·', I'IAR--15-2006 18: 26 9JUTHL,.!EST TITLE CO 307 877 9602 P.1E- 091.6822 shall be applied to the sums secuI'ed 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 fo1' in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle aIlY available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance c.arrier has offered to settle a claim, then Lender may negotiate f!nd settle the claim. ~nle 30-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 Propetty, insofar a,s 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 amO'.Ints unpaid under the Note or this Securit)· Instrurnent, 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 exccutìon of this Security Instrument and shall continue to occupy the Property as Borrower' oS principall'f:sidence 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 circ\1mstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspectjous. Bon:ower shall not destroy, damage or .impair the Property, allow the Property to deteriorate or commit waste on the Propelty. Whether or not Borrower is residing in the Property, Borrower sha.ll maintain the Property in order to prevent the Property from deteriorating or dec,reasing in value d\1e to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, BOlTower 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 relea.sed proceeds for such þurposes. Lender may disburse proceeds for the repa.irs and restoration in a sin.gle 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 t\O}TOWer' S obligation for the completion of such repair or restoratiOll. 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 c;ause. 8. Borrower's Loan Ap¡Jlication. Borrower shaH be in default if, during the Loan application process, Borrower or any persons Or entities a.cting at the direction ofBorrowèr or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statement:> to Lender (or failed to provide Lender with mate1'Ìa( information) in connection with the Loan, Material representations include, but are not limited to, representations cOl1ceming Borrower's occupancy of the Property as BOITower's principal resid~nce. 9. Protection of Lenderts Interest in tbe Property and Rights Under this Security Instrument. If (a) Borrower fails to pcrfonn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signiticantly affect Lender's interest in 00750 WYI)MIN('...$loGlt f'amll)'-F.o"lt MaeIFn:ddle Mu UNIFORM INST1tUMENT FO'1I1 3061 1101 cP',gß 10116 /XISIl) I ";"'·1~....~1tIQ:4:':;:1¡.-. '1;. ·,:J".t,,;....;....~~J·-.-~~·.."';:!,O........ ~....'".. ..J'!;..,..... ,:.,,~,....," ..-,;,.:"'1.....,.,....('..._...",..,..,. . ."..'.'......".....,.':0"..--...:.:.. ··'·,··.....~_._,.~"'.:"""......;...y",Y'«J""'.......,.·.c·,.þ.. .:-.~",.",.,~......... ...,'. ." .. MAR-15-2006 18:26 SOUTHlo£ST TITLE CO 307 877 9602 P.17 091.6822 00751 the Property and/or rights under this Security h1stnunent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiturð, for enfOrCel'11ent of a lien which may attain priority over this Security rnstrument or to c:nforce laws or regulations), or (c) Borrower has abandoned the Property, then L~nder may do and pay for wbatever is rea~ollable or appropriate to protect Lender's int.eresr in the Property and rights under this Security Instrument, including protectirtg 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 sei~ured by a lien which has priority OVêr this Security '[nstrument~ (b) appearing in court; and (c) p..'\yÏng reasonable 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 plpes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may t:akr: action under this Section 9, Lender does not have to do so and is not under any duty or obligatiQnto do so, It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Se,ction 9, Any aJ1\ounts disbur3ed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amoW1ts 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 Sc:ctu'ity Instrument is on a leasehold, Borrower shall comply with all the provisions of thð lease. IfBon"ower acquires tèe title to the Property, the leasehold and the fee 1itle sha.ll not merge lml~ss Lender agrees to the merger in writing. 10. Mortgage Ib~nrance. 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 previollsly provided such insl1ran~e and Borrower was required to ma..~e separately designated payments toward the premiums for Mortgage Insurance, BOITower shall pay the ptemiums 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 iosurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lendc:r the amount ofthe separately designated payments that were due when tho insurance coverage ceased to be in effect. Lender will accept) use and retain these payments as a non-refundable loss reserve in lieu of.Mortga¡¡e Insurance. Scch loss reserve shall be non-refundable) notwithstanding the fact that the Loan is ultimateJy paid ill full, and Lender shaH 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 Lend~r requires) provided by an insurer stlected by Lender again becomes available. is obtained. and Lender requires separately designated paym.ents toward the. premiums for Mortgage Insurance, If Lender required Mortgage Insurancé as a cor~dítiol1 of making the Loan and BOITower was re.quired to make separately designated payrnents toward tile premiums for Mortgage Insurance, Borrower sha1l pay the premiums required to m.aintain Mortgage Insurance in effect, Or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accorda.ì·1ce with any written agreement between Bon-ower and WVOMING-Sin:!t;!"G.mil1"-F.nnîc i\lu/Frcddl. !\f.to: llNIFORM JNsrJtUI~n:NT liorm 30$1 J/Ot (pøgø It of 16 ¡Ja[:r1.) ~mm~mmmili: ~~~~~~fš~m ..h.........,..,.............,...,., '" 'Õ:""',."""... '",....., .....-. ...:......-..:,. \.. '"L'~'''',",,'''·~.''' ~..: '"...,.~...,..,_ r~'" ..... .....,.,..,.,...............-.. ...-.,...-............ MAR-15-2Ø06 18:27 SOUïHWESï TITLE CO 307 877 9602 P.1S 091.6822 :..00752 lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects BOlTower's obIiiation to pay interest at the rate provided ill the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a. party to the Mortga.ge Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, a11d may enter into agreenlents with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or partie$) to these agrèements. These: agreements may require the mortga.ge 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 fOf ' Mortgage Insurance, in exchange for sharing or modifying the mortgage insure,r's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchan~e for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Ftuther: (Q) Any such agreements will not affed the amount¡ 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 theywiU not entitle Borrower to any t'efund. (b) Any such agreements will not affect the rights Borrower has - it' any - witb 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 Insuranc,e terminated automatically, and/or to receive a refund of any Mortgage Insurance p:renJiums that were unearned at the time of sl1ch cancellation or t.etll1Ínation. 11. Assignment of Miscellaneous Proceeds¡ Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Proporty is damaged, such Miscellaneous Proceeds shall be applied to restoration or repa.ir 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 tbat such inspection shall be wtdertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of pro gross 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 ár1y inter~st or earnings on such Miscellaneous Proceeds. Tfthe restoration or repair is not economically feasible or Lend~r' s security would be lessened, the Miscellaneous Proceeds shall bo: applied to the slims secured by this Sectuity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be appJied in the order provided for in Section 2. WYOM1)'1;G-Sing~ f~mjl)'--F.nnlc I\belFI'e((lie Mac UNrFORM rNS'rRlIMENT Form JOSt 1,11)1 (p"gt: 'I qf 16 pageJ) .., ,..."..,...............,.... .-,..~~._..,."., .".....'....,..'..".."',. .,.' '"'':'':''':'.'~'.:''' I'IAR-15-2006 1.8: 28 SOUTH~EST TITLE CO 307 877 9602 P.19 091.6822 000753 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, destrnc.tion, 01' loss in value of the Property in which the fail' maIket 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 immediat~Jy before the partial taking, destruction, or loss in value, wlless 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 tlle sums secured inUl1ediately before the partial taking, destruction, or loss in value divided by (b) the tàir market value ofthe Property immediately before the partial taking, destruction, or loss jn 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 Bon-ower and Lender otherwise agree in Wt'iting, the Miscellaneous Proceeds shaH be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrmver, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to )llake 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 authorízed 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 BOITower Miscellaneous Proceeds or the party against whom B01Tower ha.s a right of action ill regard to Miscellaneous Proceeds. Borrower shall be in defàult if any action or proceeding, whether civil or criminal, is begun that, in Lender'sjudgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can eUre such a detàult and, if acceleration has occurred, reinstate a.s provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgmcnt~ prßcludes 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 impairment of Lender's interest in the Property are hereby assigned and shall be: paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a \Vaiver. Extension of the time for payment or modification of amortization of the swns secured by this Security Instmment granted by Lender to Borrower or any Successor in Interest of Borrower shall not ope.rate to relea.se the liability of Borrower Or any Successors in Interest of Borrower. Lerlder shall not be required to commence proceedings aga.iflst 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 dema.tid made by the original Borrower or any SócGessors in Interost of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's ace,eptance of payments from third persons, entities or Successors in Interest of Borrower or in W\'OMII'G--Singlo Family-Fannie Mae/Freddie Mac I1NIFORM tNsrl'{\)M~NT Fornl30S1 j/Ol (¡X1ic 10 cif I~ /'Pl"S) ti~~~ii~~m~~!~ 1:'·'~;:r'!.I:':I~:;:V':.:'·.:J:¡:.:"O':..Þ.oo;o::r""¡V¡"~~I""""I¡¡';iI'.-...,~~",:~..<,.,.~..",.~..<, 1"·~"''V!';,r.~~",· . <... ',~.',., -~''', .:~ .., ·;·,·.·.~M.!r.t':oI!"·:$· r,¡ ,·,···~.._·JI'~M\II\II.:,"'~:_;.t.~.,.........',.....·,¡,þo,v';.;'.....·, ;',.'·-,·,,-:t_:J:..'..a-'"' ..;-:'....,...' r1AR-l$-2Ø06 18: 29 SOUTHWEST TITLE CO 307 877 ~602 P.20 0'916822 amounts less than the amount then due, shall not be a \vaiver of or preclude the exercise of any right or romedy. 13. Joint and Several Liability; Co-llign~rsj Successors and A.ssigns Bound. Borrower Covenants and agfl~es that Borrower's obligations and liability shall be joint and several. However, a.llY Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument Olùyto mortgage, grant and convey the co-signer's interest in the Property under the terms of this Sec\U'ity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agre.es that Lender and any other Borrower can a.gree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject t,;) the provisions of Section 18, any Successor in Interest or Borrower who assumes BOl1'ower's obligations under this Security Instrument in writing, and is a.pproved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument u.nless Lender agre(~s to such reJease in writing. The c.ovenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lcnder may cha.\'ge.Borrower fees for services perfonned in connection with Bot1ower's default, for the purpose of protecting Lender's interest in the Prc'perty and rights under this Security InstfU11Jent, including, but not limited to, attorneys' fees, prop~rty inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instmment to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such'fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected Or to be collected in comlection with the Loan exceed the permitted Jimits, then: (a) any such loan charge shaH be reduced by the amount necèssa.ry to reduce the charge: to the permitted Jimit; and (b) any SWl1S already collected from Borrower which exceeded permitted limits wiH be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a. dircct payment to Bon-ower. If.\ .refund reduces principal, the reduction will be treated as a partial prepaym.ent without any prepayment charge (wh~ther or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refimd made by direct payment to Borrower will con.stitute a waiver of any right of action Borrower ttùgllt have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrwnent must be in vvriting. Any notice to Borrower in conneclion with this Security Instrument sha.H be deemed to have been given to Borrower when mailed by first class mail or when actually de.1ivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notIce address Shðll be the Pl\)perty Addtoss unless Borrower has designated a substitute notice address by notice to Lender. Borrower shaH promptly notify Lender ofBol'rower' s change of address. I[Lender specities a procedure for reporting Borrower's change of address. then BOlTower shaU only report a change of address through that speci!Ìed procedure. There may be only one designated notice address under this 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 a.ddress stated herein unless Lender has 00754 WVOIl1NG··Sini:J~ F5mil)~·FønIlJe MøelFrtddle lIMC UNlfOIU1lNSTlUJMF.NT FOl"ln 1051 t!OJ (PtlB' J1 of /6 JXlgøJ) · - _ ',',' ,','.' ,....., '. .,', . - '.. . . " -~,. - _'. . ø' _.:, .~, '..-.-:",'" . . . .................,..., ,·...···no·~'Ii;.'...."-·. . '''..,..:.,.'1....'.......-....,....,.;,...;.,.., MAR-15-2006 18:30 SOUTHWEST TITLE CO 307 877 9602 P.21 091.(';822 C00755 designated another a.ddress by notice to Borrower. Any notice in CQnnection with this Security Instrument shall not be:. deemed to have been given to Lender until actually receivedby Lender. If any notke required by this Security Instrument is also required under Applicable Law, the Applicable La.w requitðment will satisfy the corresponding requirement under this Security Instrument. 16, Governing Law; Severnbility; Rules of Construction. This Security Instrument shall be governed by federal law a.nd the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allcw the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of1his Security Instrument 01' the Note conflicts with App1icabh: Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, As used in this Security Instrument: (a) words of the masculine gender shall me-an and include COITesponding neuter words or words of the feminine gender; (b) words in the singular shall mean. and inc1ude the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy, BOITower shall be given one copy of me Note and of this Security Instrument. 18. Transfer of the Property or a Benefldal Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interes1 in the Property, including, but not limited to. those beneficial interests transferred in a bond for deed, contract faT deed, installment saJes contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date 10 a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfeITt~d (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transfelTed) without Lender's prior written c.onsent, Lender may require immediate pa.yment in full of all sums sðcured by this Security Instrument. If Lender exercises this option, Lender shall give BOITower notice of acceleratiotl. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Sec1ion 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the ex.piration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on B01Tower. 19. Borr'ower~s Right to Reinsta.fe After Acceleration. If Borrower meets certain conditions, Bon'ower shall have the right to ha.ve enforcement of this Sccuritylnstmment discontinued at au)' time prior to the earliest of: (a.) tive days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of BOITower's tight to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instnunent and the Note as if no acceleration had occUlïed; (b) cures any default of any other covenants or agreements; (0) pays all expenses inctln'ed in enforcing this Security Instrument, including) but not limited to, reasonable attorneys' fe~s, property inspection and valuation fees, and other fees inculTed for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender '\'YOMING··Singlc Pumily..·Flnnlc Mile/FreddIe ,.be IINI'FOILl\1 lNSTIluM"tNT l'ormJ051 1/01 (pagl! 12of/6p0f'!J) - il~1t%~§?r~¡mW';i ",~~ll~l~~,-Î:~~" m~.Þ'" ",tol: 1[""';';';"';';'-';;,',; J¡¡1¡:;:';~' :~~;: ;~;~i'~f /;fi:i:i;--:':':·f'r',·:\: ~~:mm~m @::;::;:;:,:XiJ .'~.-(>".;~q' '.I,'? ..,;......'...,.., .......;.....,..... ......,..-. .', .',,- >.." '.1_'."'1.1"-':1:';_:':\:';';'.'."_ . '..I'O:;..'\It__......·;.;it....~"'~,..~.'...;,.~.!."'.·.-J."..'·,,,.,:·.,,-;,,'. '",' '.....,.'.....L..~"! ('_, .....<:' ',' "', ., ......_.;.....I.;:~._,. f"IAR-15-:~£06 18: 30 9JUTHWEST TITLE CO 307 877 9602 P.22 0916822 C00756 may reasonably require to assurð that Lender's interest in the Property and rights under this Securil.)l Instmlt\ent. and BOl1ower's obligation to pa.y the sums: secured by this Security Inst!'ument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one o.r more ofthe following fom1S, as selected by Lender: (a.) cash; (b) money order; (c) certified check, bar1k 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, instnullentality or entIty; or (d) Elec.u'OJlic Fnnds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby Sh~ill remain fully effective as ifno acceleration had oecurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievanct. The Note or a pa.rtial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to BOJTower. A sale might result in a chattge in the entity (koov"ll as the ¡(Loan Servicer") that coll~cts Periodic Paymen.ts 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 changes of the Loan Servicer unrela.ted to a sale of the Note. If there is a change of the Loan Servicer, Borrower wiH be given written notice of the chango which \J;ill state the name and address of the new Loa.n Servicer, the address to which payments should be made and any other information RESP A r~quires in connection with a notice of transfer of servidng. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other tha.n the purchaser of the Notð, the lMrtgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not asslulled by the Note purchaser unless otherwise provided by the: Note purchaser. Neither Borrower nor Lender may commence, join, Or be joined to any j\ldicial action (as either an individual litigant or the member of a class) that arises fron, 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 othor piU.1y (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 AppJicable Law provides a time period which must elapse before certain action can be taken, that time p8riod will be d~emed 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] 8 shall be deemed to satisfy the notice and opportunity to take çOlTective 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: gasolinel kerosene, other flammable or toxic petroleum. products, toxic pesticides and herbicides, volatile solyents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Ell'lirorunental Law" means federal laws and laws of 1he jurisdiction where the Property is located tha.t relate to health, safety or environmental protection; (c.) "Envirol1m~ntal Cleanup" includes any respon3eaction, remedial action, or removal action, as defined in Environmental Law; and (d) án "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmenta.l Cleanup. WYOM/NG··Single Fnrnily.-FtlOu¡. MpltÍJo'rçd¡je Mac UNIFORM INSTAUMENT Form JOtll 1101 (p<ti,'c /J 01/6 P"&fJJ) :,. ,'I' ,~¡'.O.. "'I'_"'I~ '!....·n '..' " .' ·,·\~.:",·",,:·,;:·:,:¡-:.:t;ib;.'U :-''1' ...."1.< ,,".1;', .-:.1.: ',: .-:.. -,. ."."':~..,,-"4'."";' .....,- ..................,........',. ·.;·J;tR'.:~I!Ito!!f.I'!!!.·~,<!.,.'·____k>l.-.~.;;"" ,....'...."'." . .., .-:..',;.,..... t..¡....,';:...."...\.~'::.. ...-'._.'.'" _"' ~,_... MAR-15-~lØ6 18:31 SOUTHWEST TITLE CO 307 877 9602 P.23 0916822 COO'757 Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substanc.es, on or in ùle Property. Borrow.er 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 En.vironmental Condition, or (c) which, due to the presence, use, 01' release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding MO sentences shall not apply to the presence, use, or stocage on tlle Property ofsmal1 quantitie.s ofHaurdous Substances that are gene1·tilly recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not lin1ited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice ofCa) 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) al1Y Enviromnental Condition) including but 110t limited to, any spi1!ing, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the preSetlCe, use or release of a Hazardous Substance whic.h adversely affects the value of the Properly. If Borrower learns, or is notified by any governmental or regulatory authority, or any pri"VClte party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shan promptly take all necessary remedial actions in accordance with Enviromnental Law, Nothing herein shall create any obliga.tion 011 Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further COV~nant and agree as follows: 22. Acceleration; Remedies. Lender shan give notice to Borrower prior to accelention loUowing Borrower's breach of a.ny covenant or agreement in this Security Instrument (bu.t not prior to acceleration under Section 18 unless Applicable L~w provides othenvise). The notice shall specify: (a) the default; (b) the action required to cure the det'ault; (c) a date, not less than 30 ds}'s from the date the notice is given to Borrower, bJ' which the default must be cur~d; and (d) th~t failure to cure the default on or before the date specified in the notice may result in acceIeration ofthe sums secured by this Security Instrument and sale ofthe Property. The notice s.hall fu.-ther i:nfofrn Borrower of the right to reinstate after ntçcleration and the right to bring a court action to Qssert the non-exhtence of a default or any other defense of Borrower to lieceleration and sale. lfthe default is not cured on or before the date spetified in the notice, Lender at its optioll may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke tbe power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses inenned in pursuing the remedies provided in this Section 22, intluding, but not limited to, rensonable attorneys' fees and costs of title evidence. If Lender invokes the power 01 sale, Lender shall give notice of Întent to fO)'eclose to Borrower and to the person in possession of the Propel'ty, if different, in accordance witb Applicabl~ Law. IJender shall give notice of tbe sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold [n tbe manner presc'ribed by AppJicable Law. Lender or its designee ma~' purcbase the ProperlJ' at any sale. The proceeds of the sale shall be applied in the following order: (a) to nIl expenses, of W)'I)MING-.SingJe I"amìl)'--F.nniø J\be/Freddi( Mile tlNJFORM INS'nU)MENT For", ]0$1 ro (pa/:< /4 (if 16 P<'Ill1J) ~Iiliæ~~{ 1~~::t:;::::;,f~<N' ;:~·;'W:'~fl.' .,' ..:,~,: ,.·".:r.:f:lO~"·':CI':"'ItJ7f'~'.<;"":':-""~..t<.1~""":"'~~':...!. . ·.·r·.·. .-, , .'. .·.·.·r.TI::I~.~.:·. . ,I¡' ....J'1::!'I..-........~,..,,~._,.......~ ". .~",.,'...' ''''-''' ," .,..,................ T.',,,,·, -.; ,." ~ ".. _;.;. ','.''-''''.''.' " 11AP.--15-~û06 18: 32 SOUTHWEST TITLE CO 307 877 9602 P.24 0916822 C00758 the sale, including, but not limittd to, rea80mtble attorneys' fees; (b) to all sums secured by this Securiiy lnstrument; and (e) any excess to the persoll or persons Jegall)' entitled to it. 23. Release. Upon payment Df all sums secured by this Security Instrument, Lender shall release tl-¡is 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 tòr service3 n~ndel'ed and the charging of the fee is permitted under Applicable Law. 24, Waivers. BOITower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming: BY SIGNING BELOW, Borrower accepts and agrees to the tern1S and covenants contained in this Security Instnu:uent and in any Rider executed by Borrower and recorded with it. ~~ (Seal) Paul Woodie- Borrowe:r Witnesses: (Seal) Kimberly Woodie- BDrrower' ACKNO\VLEDGMENT County of Lincoln } State of Wyoming } On tl1Ìs the lJ._day of March 2006, Pa.ul Woodie and Kimberly Woodie being duly sworn and identified by me did sign this mortgage document. ~~~m~~~.~",ID,C,.',_,_..__',,"t,',','.' STI'·T~ nF IOAH~ _ t Notary Public ~ j~ My commission expires: /0/3 /';; Ô D ~ WYOMING-.Sing!e !'an1i1y-Pllnnlt MuJF~eddle M." UNIFORM iNSTRUMKN'r Form JOSl \10\ IPÞgÇ JJ 01 J6pt1gu) · 'l~j'l; i'~~!I:~: ':1:':' .' : ~:.:,: : :': ;::;:;.: ¡.:.-" ,'._~,,"-:- ¡;".-:'f""''''': _". . \;';".;;'.'¡, ~.: "'. _' '..,. . _ -. < "'. ':ÞI~",_I'¡",.....' . .........,..............,......... '. ""~{'·"-'~,ÆU.",..'*t<r="",,;'-":~:t;'U~tfl!"l:)f:.,,.(...:·: ,;......~.p.-.;.. . .. ~ ',. :'..' ,"'.:.:; "'. " ...,..;.,..:.:'4:¡;.......... 0916822 --.~' G00759 A portion of Tract 90, T24N Rl19W of the 6th P.M., Lincoln County, Wyoming being a part of that tract of record in the Office of the Clerk of Lin'coln County in Book 98PR on page 559, more particularly described as follows: Beginning at a point on the Westerly right-of-way line of U.S. Highway 30 North, which point lies N58°23'OO" W, 2144.7 feet from Corner No. 2 of said Tract 90¡ thence N 11 °33 '12" W, 208.70 feet along the Westerly right-of-way line of U.S. Highway 30 North¡ thence N 89°10'00"W, 83.00 feet¡ thence S 11°33'12" E, a distance of 287.36 feet¡ thence N 56°24'49" E, 87.46 feet t a point on the Westerly right-of-way line of U.S. Highway 30 North¡ thence N 11°33'12" W, 28.04 feet along said right-of-way line to the point of beginning. f~i~i~~~~;t~:~:\ :;t¡(.~:'i:::~::~::;:.: I;*t ;'::t::!:~:;