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HomeMy WebLinkAbout917169 .. ". .-........--. . -. WIIØf'llt:l.r''URDl.ln...~ lU: C r ,'" 83 8 2 ; OÞ.y,¿,vn \,,#,I."~ II8R'Pé1r~1l Çf'~IJ()WLt.III-mL ·t:':',;'Ã~/U;:~ Ing~ A'~ ....- ""q~= I ~ Loan Nwmer. 791006167 Servicin& Number. 002100902 - 2 RECEIVED 3/31/2006 at 4:27 PM RECEIVING # 917169 BOOK: 615 PAGE: 882 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY r--'--'----------'---'- - - -. - --~. .. . ISI-o AIJoft 1Wo Uae P« --... Doll] - ",. . r . i , ! i Return to: DRI Title &. Escrow 11128 John Galt Blvd, ste 300 MORTGAGE Omaha, NE 68137 THIS MORTGAGE ("Security Instrument") Is given on SHANB D FOSTER, a Sínglt p5df1 March 07, 2006 . The mortgagor is ("Borrower"). This Security Instrument is ¡ivea to H&R Block Mortgage Corporation I a Massachusetts Corporation which Is organized and existing under the laws of MASSACHO'SB'l"l'S 3 Burlington Woods I 2nd Floor, Burlington,MA 01803 ("Leader"). Borrower owes LeI1dc:r the princlpalllUIll of ONE HUNDRED FORn' BIGHT THOUSAND , , and whose address II . ..AND NO/100THs Dollars (U.S. $148,000.00 ). This debt 11 evlde:occ:d by Borrower's DOte dated the same date as this Security Instnuoc:nt ("Note"), which provides for monthly payments, with the full debt,lfnot paid earlit.r, due and payable on April 01, 2036 . This SecurIty Instrument secures to leIuIer: (I) the repayment of the debt evidenced by the Note, with Interest, and all reoewaIs, extcnsioDl and modifications of the Note; (b) the payment of all other IIUIDS, with Intereat. advaw:ed under paragraph 7 to protect the security of this Security Instmment; and (c) the performance of Borrower's covenants and agreanentB under this SecurIty InstruInent and the Note. For this p~, Borrower does heœby mortgag¢, grant, convey and warrant to Lender, with power of sale, the following described property located In Lincoln County, Wyoming: 32192110103200 LOTS 7 AND 8 OF STAR VIEW BSTATBS, LINCOLN COtJNTY, WYOMING AS DBSCRIBED ON THB OFFICIAL PLAT THEREOP ) ~l which has the address of Wyoming 216 HILL VIEW DRIVE, APTON 83110. ("Property Address"); [Zip Code] [S1rcet. CIty], TOGETHER WITH allthe improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instnuoc:nt. All of the foregoing Î8 refened to in this Security Instrument as the "Property.· BORROWER COVENANTS that Borrower Is lawfully seised oC the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumben:d, except for encußwrances oC record. Borrower warrants and will deCeÐd genera1ly the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant an4 agree as Collows: 1. PaymaJt of PrincipIIl aad IDœ.rat; I'rq1qmct4 aad LaIc Owga. Borrower shall promptly pay when due the priDcipal oC and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. FUDds tor TUCI 8Dd Inauranœ. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to WYOMING - SJaaIe PImI1 Pa¡e 1 of6 WYDtOOIl (06-23-98) :?¡}¡1jjj~.~mJ: . '091.71.69 .' '0 ._....._.. Loan Number: 791006167 Servicing Number: 002100902-2 D~: 03/07/06 n:, Lender on the day monthly payments arc due under the Note, until the Note IJ paid in full, a sum ("PImd¡") for: (a) yearly tucs '.' 0 G 8 8 3 and NBCSSIIICnIl which may attain priority over this Security InstnImcDt .. a lien on the Property; (b) yearly IcaadJold payments : or ground renll on the Property. if any; (c) yearly hazard or property Insurance premiums; (d) yearly flood insunmce premiums, if any; (e) yearly mortgage Insurance premiums, if any; and (f) any sums payable by BolTÒwer to Lender, in accordance with the provisions of paragraph 8, In lieu of the pllyment of mortgage insurance premiums. These items arc called "Escrow Items." Lender may, at any tinJe, coUect and hold Funds in an lIOOunt DOt to exceed the maximum IIOOOßt a lender for a federally related mortgage loan may require for Borrower', escrow account onder the fedcr.a1 Real Estate Settlement Procedures Act of 1974 as amended from tinJe to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds ~ alésscr amount. If so, Lender may, at any time, coUect and hold FUDds in an amount not to exceed the lesser lIOOunt. Lender may estimate the lIOOunt of Funds due on the basIs of current data and reasonable estimates of expenditurea of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an institution whose deposits arc Insured by a federal agency, instrumentality, or entity (including Lender, If Lender Is suCh an institution) or In any Pcdcra1lJomc Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the csciow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permill Lender to make auch a charge. However, Lender may ~ Borrower to pay a onc-tinJe charge for an Indcpcndcnt real estate tax reporting service used by Lender In connection with this loan, un1ess applicable IlIw provides othClWÍsc. Unless an agreement IJ made or applicable law requires Interest to be paid, Lender shall DOt be required to pay Borrower any intereSt or earning, on the Funds. Borrower and Lender may agree In writing, however, that intere;tt shall be paid on the Punds. Lender shall give to Borrower, without charge, an annual ilcœunlÎng of the Funds, showing credlll and debits to the Funds and the plllpOSC for whiCh each debit to the Funds was made. The Funda arc pledged .. additionall1CCUr:ity for all silins secured by this Security InstIUmen1. If the Funds held by Lcnder exceed the lIOOunts pcnnlttcd to be held by applicable law, Lender shall account to Borrower for the execs. Funds In accordance with the requlrcmcnts of applicable law. If the lIOOunt of the Punda held by Lender at any tinJe is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, 1IId, in auch casc Borrower shall pay to Lender the lIOOunI ncccøary to make up the deficiaJcy. Borrower shall make up the deficiency in DO more than twelve monthly paymcnrs, at Lender'. sole discretion. Upon payment in full of all sums secured by this Security InsIIUment, Lender sIWl prompUy refund to Borrower any Fonda held by Lender. If, under paragraph 21, Lender shallacquirc or sell the Property, Lcodet, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the tinJe of acquisition or sale as a credit against the sums secured by this SecuritY Instrument. 3. Appll.';IOOa ofPaymcala. Unlcsa applicable law provides otherwise, all payments received by Lender UDder paragraphs 1 and 2 shall be applied: lint, to any pcepaymcnt charges due under the Note; second, to lIOOunts payable under para¡raph 2; third, to interest due; founh, to principal due; and last, to any late chargcs due UDder the Note. 4. 0Iarp; ÜCØI. .Borrower shall pay all taxes, 8S-t" charges, 1inca and ÍUIpDi!tiona attnDutabIe to the Property, whiCh may attaIn priority over this Security Instrument, and leasehold pa}'IDCZIII or ground rents, if any. Borrower sIWl pay !hac obligatlona in the manner provided In paragraph 2, or if DOt paid in that IIIBIIDICr, Borrower shall pay them on tinJe din:ály to the perIOn owed payment. Borrower shall promptly furnish to Lender all noticca of amounts to be paid under this paragraph. If Borrower maka these payments din:ály, Borrower sIWl promptly furnish to Lcndcr receiptl cvidc:øclng the paymtnta. Borrower IhaIl promptly dbc.barge any lien which has priority over this Security Instrument un1css Borrower: (a) agrees in writing to the payment of the obligation ¡ccumJ by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defalda spinal cnfon:emcnt of the lien in. legal proceedings whiCh in the Lender', opinion operate to prevent the cnfon:emcnt of the lien; or (c) IICCUlCI from the holder of the lien an ag¡ecmcm satisfactory to Lender subordinating the lien to this Security Instrwncnt. If Lender dctenn1ncs that any part of the Property IJ subj4:C1 to a lien whiCh may attain priority over this Security Instrument, Lender may give Borrower a DOtlce Identifying the lien. Borrower shall satlsfy the lIeø or take one or more of theactiona let forth above within 10 days of the giving of notice. ' S. u-d 01' Property II.noœ.. Borrower ahall keep the lniprovcmcnts now existing or hereafter cm:tcd on the Property insun:d against loss by fire, hazards included within the term ·extended coverage· aud any othcc hazards, including floods or flooding, for which Lender requires Insurance. ThIs insurance shall be II\JI;nt,1n1'd in the IIOOIIIlII and for thç ~ that Lender requires. The inaurancc carrier providing the Insurance shall be chosen by Borrower subject to Lcndct's approval which shall DOt be I1IU1:aSOII&bly withheld. If Borrower fails to maintain covcr&ge described above, Lender may, at Lender'. option, obtain covenge to protect Lender', rights in the Property in accordance with paragrlph 7. , All insurmcc po1icica aud n:œwals shall be acceptable to Lender and shall·include a standard mortgage clause. Lender shall have the right to hold the policies aud rmewaIs. If tender n:quiIcs, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notkc to the insurance carrier aDd Lender. Lender may make proof of1oss if not made promptly by Borrower. Uolca Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall be applied first to reúnburIe Lender for c:osIs and cxpa¡scs incurnd in connection with obtaining any such insurance proceeds, and then, at Lender'. option, In such 0Ider and proportion as Lender may dccamiuc in its IDle and absòlute diacretion, aDd rcganllcss of any impaiIment of security or lack thcRof: (i) to the sums secured by this Security Instrument, whether or not then due, and to such """""~t. thcRof as r.Cnder may deic:rmmc in ill sole and absolute diacretion; and/or (li) to Borrower to pay the costs and expenses of necessary rcpaln or restoration of the Property tÒ a condition satlsfactory to Lender. If Borrower abandons the Property, or èfocI¡ ¡¡at answer within 30 da)'l a notice from Lender that the inaurancc cmiec has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute diacmIon, and rcgardlcsa of any Impairment of security or lack thcRof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The )O-day period will begin when the notice is givcu. ' Unless Lcuder and Borrower othctwIsc agree in writing, any application of proceeds to principII shall not extend or postpone the due date of the DIOIlthly paymcnrs referred to in paragraphs 1 and 2 or change the amount of the paymtnta. If under paragraph 21 the Property is acquired by Lender, Borrower', right to any insurancc policie$ and procccda· resulting from damage to the Property prior to the aa¡uisition shall pasa tQ Lender to the c:xtc:nt of the sums secured by this Security Instrument immediately prior to the acquisition. " ., If Borrower obtains earthquake Insurance, any other hazard Insurance, or any other Insurancc on the Property and auch Í1IsII1'aIICC ÏI not specifically required by Lender, then such inauraoœ shall (1) name Lcudcr as los, payee thereunder, and (û) be subject to the provisions of this paragraph S, Paa020f6 , WYDtOO12 (06-23-98) ., ...,.........- . ._". 0917169 Loan Number: 791006167 Servicing Number: 002100902-2 Date: 03/07/06 6. Oa:upancy, Pracmdoo. M"¡"~ IIIId ProtecdoD or the Property; 1Ionower". Loan App1~: J eMeOOJds. Borrower acknowledges that the Lender does not desire to IIIIke a loan to Borrower &eCUIed by this property on the tern:I8 contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. LcDder makes non- owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this properly 81 Borrower's primary/secondary residence and that Borrower will 10 occupy this property as Its sole primary/secondary residence within sixty (60) days after the date of the SecurIty Instrument. If Borrower breachca this promise to occupy the property as Borrower's primaty/secondary resideoce, then Lc:oder may Invoke any of the following remedies, In addition to the remedica provided in the SecurIty Instrumœt; (1) Declare all sums &CCUI'ed by the Security Instrumœt due md payable and foreclose the Security Instrumœt, (2) Decrease the term of the loan md adjult the mondJIy paymew under the Note accordingly, Increasê the interest rate and adjust the monthly payme:nt8 under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original pun:base price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civU or criminal, is begun that in Lender's good faith jud&ment could result in forfeiture of the Property or otherwise materially Impair the lien crested by this Security InstI1Jmcnt or Lender's security Interest. Borrower msy cure such a default and reinstate, 81 provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In Lender's good faith detennlnation, precludes forfeiture of the Borrower's interest in the Property or other material Impairment of the lien created by this SecurIty Instroment or Lender's security interest. Borrower shall also be In default if Borrower, during the loan application process, gave materially false or inaccurate Information or statements to Lender (or failed to provide Lender with any material Information) in conneçtion with the loan evidenced by the NO{e, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this SecurIty Instrument is on a leasehold, Borrower sha1l comply with all the provisions of the lease. If Borrower acquires fee tide to the Properly, the leasehold and the fee tide shall not merge unleu Lender agrees to the mer¡er In writing. Borrower shall, at Borrower's own expense, appear In and defend any action or proceeding plllpOrting to affect the Property or any portion thereof Or Borrower's titie thereto, the validity or priority of the lien created by this Security Instroment, or the righta or powers of Lender with respect to this SecurIty Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this SecurIty Instrument, for damage or inj\llY 10 the Properly or any part thereof, or in connecdon With any transaction ftnanced in whole or In part by the proceeds of the Note or any other note secured by this SecurIty Instrumeoi, by Lender, or in connection with or affecting the Property or any part thereof, Including causes of action arising in tort or conttact and causes of action for fraud or concealment of a material fact, are, at J..ender's option, assigned to Lender, and the proceeds thereof shall be paid dJn:ctly to Lender who, after deductin& therefrøm all Ita ~, including reasonable attorneys' fees, OIay apply such proceeds to the aums &eCUIed by this SecurIty Instrumr:nt or to any dcticicncy under this Security Instrument or msy release IOY monics 10 m:åved by It or my part thereof, as Lender may elect. Lender msy, at its op!ion. appear in and prosecute in its own name IOY action or proceeding to enforce any such cause of action IIIId msy ma1œ IOY compromise or settlement thereof. Borrower agrees to execute such further 8Isignmenta and any other Instruments as from time to time msy be necessary to effectuate the foregoing provisions and as Lender sha1l request. 7. Protc:àioo of laIda". Rights in the Pmpc:rty. If Borrower failJ to perform the covenants and agreeme:nta contained in thls SecurIty In.stnJmcnt, or there Is a legal proceeding that msy significantly affect Lender'. righta in the Property (such as a proceeding in bmlauptcy, probate, for COcdemnation or forfeinue or to enforce law. or regulatious), then Leoder msy do and pay for whatever is DCCC8SIIl)' to protect the value of the Property an4 Lender's righta in the Property. Lc:ndcr's actions msy Include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorney.' fees and entering on the Property to IIIIke repairs. AlÌhougb Leoder msy take action under this paragraph 7, Lender does not have to do so. Any lDIOunta disbursed by Lender under this paragraph 7 sha1l become additional debt of Borrower secured by this Security 1JIstnunent. Unless Borrower and Lender agree to other tern:I8 of payment, these lDIOunts shall bear Interest frøm the dale of disbUI1ClDCllt at the Note rate in effect from time to time and sha1l be payable, with Interest, upon notice from Lender to Borrower requesting paymcot. 8. Yorfpc¡c InBunmce. If Lender required mortga¡e ÎIISU1'1IDœ 81 a condition of making the 1080 secured by this SecurIty Instrument. Borrower sha1l pay the premiums required to maintain the mortgage ÎIISU1'1IDœ in effect., If, for IOY reason, the mortgage Insurance coverage required by Lender lapses or ceases to be In cffi:ct, Borrower sha1l pay the premiums required to obtain coverage substanôa1ly equivalent to the mortgage insurance previously In effect, at a coat substantially equivalent to the cost to Borrower of the mortgage Insurance pteviously In effect, from 80 altcmatc mortgage Insurer approved by Lender. If substantially equivalent mortgage insunmce coverage is not available, Borrower shall pay to LcIIder each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insunmce coverage 1apsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve In lien of mortga¡e Insurance. Loss reserve payments may no longer be required, at the ~A of Lender, if mortga¡e insunmce coverage (ID the amount and for the period that Lender requires) provided by 80 Insurer approved by Lender again becomes available IIIId Is obtained. Borrower sha1l pay the premiums required to maintain mortgage Insurance in effect, or to provide a loss reserve, until the n:qulrem:nt for mortgage insunmce ends in acmrtlaoœ with any written agreement between Borrower and Lender or applicable law. 9. I:nspcctioa.. Lender or its agent may make reasonable entries upon 8nd inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. ('....-....'C\ The proceeds of any award or claim for damages, direct or consequential, in connc:ction with IOY OOJItIMnntotion or other taking of IOY part of the Property, or for conveyance in lieu of ~.tion. are hereby assigned and shall be paid to Lender. Lender may apply, use or release the ,..md"m,,,mQll proceeds In the same manner 81 provided in paragraph 5 hen:of with respect to Insurance proceeda. If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or SCUlc a cla1m for damagcs, Borrower fails to respood to Lender within 30 days after the date the notice is given, Lender ~ authorized to collect and apply the proceeds, at ita option, either to restoration or repair of the Property or to the sums secured by this Security Instroment, whether or not then due. Unleu Lender and Borrower otherwise agree In writing, any application of proceeda to principal sha1l not extend or postpone the due date of the mondJIy payments rcfeaed to in paragraphs 1 and 2 or change the amount of such payments. 11. Bonowu Not~ PoIb...a-.c By Lœdc:r Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Jnstnnncnt granted by Lender to any successor In Interest of Borrower shall Pa,.30f6 WYDlOOl3 (06-23-98) r,.:t:;:':':':':':'~:::i tlli!;,2m~~~~ 1 °t884 i ! .... ..-.,-.-, ~~mm¡;~~~m;¡!;¡~ 09171.G9 Loan Number: 791006167 Servicing Number: 002100902-2 Date: 03/07/06 not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to cormnence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security ~ by reason of any Ikmand made by the original Borrower or Borrower's successon in inten:st. Any forbearaoce by Lender in CXCIcising any right or remedy sha1I not be a waiver of or ¡m:clude the exercise of any fight or remedy. 12. Soca:øøon and ÅIBÏgJ1I Bound; Joiut and ScM:nl Uabllity; OHigncø. The covenants and agreements of this Security Instrument shall bind and benefit the sua:esson and assigns of Lender and Borrower, subject to the provialons ofparagzapb 17. Borrower's covenanta and agreements shall be joint and several. Any Borrower who CD-signs this SecurIty Instrument but does not execute the Note: (a) is CD-signing this Security Instrument only to mortgage, grant and convey that Borrower'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) agœes that Lender and any other Borrower may agree to exteDd, modify, forbear or make any accommodatiODS with regard to the tenns of this SecurUy Instrument or the Note without that Borrower's conseut. 13. Lc.a Charp:s. If the loan secumI by this Security InsIrumem is subject to a law which sets maximum loan charges, and that law is finally inteqm:ted so that the interest or otha loan charges collected or to be collected in co1lIlCCtion with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the IIIIOWU necessuŸ to mIuœ the charge to the penniued limit; aDd (b) any IUIIIS aheady collected from Borrower which excc:edcd permiued limits will be refunded to Borrower. Lender may choose to make this refund by reducing the priDcipal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. NotiI:a. Any notice to Borrower provided for in this Security Instrument sha1I be give;n by delivering it or by mailing it by first class mail unless applicable law requires uae of mwther method. The notice sha1I be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address l.a1dc:r designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have bea1 given to Borrower or Lender when given as provided in this paragraph. IS. GowmiDg Law; SeYc:rability. This SecurUy Instrument shal1 be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Inatrumaú or the Note conflicts with applicable law, such conflict shal1 not affect other provisioDl of this Security Instrument or the Note which em be giVèn effect without the cont1icting provision. To this end the provisions of this Security Jnstrumcot and the Note an: declared to be severable. 16. Boaowa". Copy. Borrower shall be give;n one coøfonned copy of the Note and of this Security Instrument. 17. 'rr-fr:t of 1bc Propc:rty or . BœeficiaI Intaat in 1JonuMr. If all or any part of the Property or any interest in It is sold or transferred (or if a beneficial interest in Borrower is sold or ttansfem:d and Borrower is not a natural person) without Lender'. prior wriUen consent, Lender may. at its option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by l.a1dc:r if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exen:1ses this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within whkh Borrower must pay all sums øecured by this SecurUy Insttumeut. If Borrowc:r 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. 18. Boaowa:'. RigbttoReÎlllblfe. If Borrower meets certain conditioos, Borrower shall have tbcright to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may specify for reinstatemeot) before sale of the Property punuaut to any power of sale contained in this Security Instrument; or (b) entIy of a judgment enforcing this Security Instrument. Those conditions an: that Borrower: (a) pays Leudet all sums which then would be due under this Security Instrument and the Note as if no aa:eleration had occurred: (b) cures any default of any other covenants or agreements; (c) pay. all ~ incurred in enforcing this Security Instrumeot, including, but not limited to, reasonable attorney.' fees; and (d) takes such action as Leoder may reasonably require to IISSUß that the lien of this Security Instrument, Lender'. rights in the Property and Borrower'. obligation to pay the sums øecured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Jnstnunent and the obligatiODl &eCUred hereby shall remain fully effective as if no acceleration had occurred. Howevc:r, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Cb;m¡c of Lc.a Scrvia:r. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known aa the "Loan SeMcer·) that collects monthly payments due under the Note aDd this Security Jnstnunent. There also may be one or more changes of the Loan Servicer unrelated to a .ale of the Note. If there is a change of the Loan Servicer, Borrower will be gival wriUen notice of the change in accordance with paragraph 14 above aDd applicable law. The notice will state the I13III8 and address of the new Loan Servicer and the address to which payment8 ahouId be made. The notice will also contain any other information required by applicable law. The holder of the Note aDd this Security Instrumeot shall be deemed to be the Lender hereunder. 20. Hazardom¡ SobáaDœs" Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances 011 or in the Property. Borrower shall not do, nor allow anyone eIae to do, anything affecting the Property that is in violation of any EnviromDental Law. The preceding two SCIIteIIa:S shall not II Iply to the presence, uae, or storage on the Property of small quantities of Hazardous Substances that an: generally recogni2ed to be appropriate to norma1 residential uses and to T"AintetUmce of the Property. ' Borrowc:r shall promptly give Leudet wriUen notice of any investigation. claim, demand. lawsuit or other action by any governmental or regulatory ageocy or private party involving the Property and any Hazardous Substance or Environmcotal Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmcnta1 or regulatory authority, that any removal or other fI'"1"1!iAtlnu of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envb:onmental Law. Borrower shall be soldy responsible for, shall indemnify, defend and hold harmless Lender, its directon, officers, employees, attorneys, agcnta, and their respective IIUCCCSSOn and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost [mc1uding actual attorneys' fees and court costs and COlts of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, AhAt""""'t. containment, remedial or othc:r required plan), expeuses and liabllity direály or indirectly arising out of or attributable to (a) the use, generation, storage, release, threateDed re1eaae, cIischarBe, disposal, abatement or pICSCIICC of Hazardous Substances on, UDder or about the Property , (b) the transpOrt to or from the Property of any Hazardous SubstaDces, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. Pas. 4 of 6 WYD1OO14 (06-23-98) I OiC885 I I I ! ! · ...-..-.... . ..-.. 091. 7:t63 Loan Number: 791006167 ServIcing Number: 002100902-2 Date: 03/07/06 As used in thJs paragraph 20, "Hazardous Substances" are those substances defined as toxic or haZardous substancea by Envlromnental Law and the following rubstaDcc:a: gasoline, keroseœ, other flammable or toxic petroleum products, faxic pesticides and herbicides, volatile solvents, materials containing asbestol or formaldehyde, and radioactive materiAls. As used in thJs paragraph 20, "Environmental Law" means federa1laws and laws of the jurisdiction where the Property is located that relate to health. safety or envitom¡¡ental protection. ADDmONAL COVENANTS. Borrower and Len/IQ further covenant and agree as followa: 21. Aca:kndoD; Rc:mcdica. Ifmy inpsl1-UDdcrdle NotcOl'DO(Q IICCIIl'CdbadJy it DOtpål wba1doc, or if Borrowa' Iboald be in ddiuIt uudcr my provision of this Sc:curity IøsIrumcat. or if~ Is in dI:úaIt uudcr my oIbcr mortp&e 01' oIha' iDsuumœt ~ by die Property, all_ secured by thia Sc:curity Iœtrumeat and IICCrDed iDtemIt dacœ shall It OIII:C become doc IIId payable lit die opdœ of LaJder without prior DDdce, c:u:ept . otbcrwiøe mquimI by I{IPliaIbIc law, aod reprdka of my prior foJt..u........ In such c:vaa, ~. It ita optÎOD, md lIIbject to IIppIicabIc law. may thcu 01" thctcafta: tDreclo8c this Security IDtitrumœt dtht:r by IIIYcrti--=ut aod ale of die Property . provided by statnte (die powrz of ale provided for by sùtUtc bciøg heRby apRDIy gmted 10 Lœdc:r by Boøowa-) 01' by IlllICÔOD In equity. ID1 may Invotr: my oIbcr Iaœdica or ta1r:c my oIbcr IáÍOIII pcDDiøed by IIppIbbJc Jaw. Lcoder will coDect all apeIIICI ÌIICIID'ed in pII11IUÍII& die muccIicI «bcribed In thia Pan¡øph 21, ÏDI:IUdiD8, but DOt limitcd 10. reucmabIc 1IttoIœyI' &a IDd COlts of title cwidcŒe. If Lcoder ÍIMJba tile powu of Ale, LaJder sha1l ¡ivc DOticc of iDtaIt 10 1bm:1OIe 10 ,1Iooowu ID1 to tile pcnœ in poaea!OIl of tile Property. if di1fm:Dt. in accoIdaoœ wiIh II(JpIieIhIc law. Lcoder shall &he DOticc of ita ÍDIl:IIt fa forecloIIe 10 Borrower by a:dificd man. mum n:œipt. in tile IIIIIIIIIC:C provided In pangnph 14. Lcoder sha1l publish tile DOticc of sale, IDd tile Property shall be IOld in tile _ ~ by Ipp1icIb&e law. Lcoder 01" ita dœigœ:c may pmdJae tile Property lit IIIIJ sa1e.. The proceeds of tile ale IbaI1 be IppÜed in die foDowiD¡ order: (I) 10 all eqIen8CI of tile sale, iDcIudÜIg. bot not limited to, œatoDabIe 1IItŒDC:yI' &a; (b) 10 all IUD IICCII1'Cd by ibis Security InIItrumau; md (c) my cu:as 10 tile penon 01' penans 1cga1J:y aJtitledloit. 22. RdaIøe. Upon payment of all sums secured by thil Security Instrument, Lender shal1 release thJs property without WIUTIDty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. WaiYa'a. Borrower hereby te1eases and waives all rights in the Property under and viture of the homestead exemption laws of the State of Wyoørlng and hereby relinqul&hcs all rights of curtesy and dower in the Property. 24. Mùt~~ IDd Nt-fi...~ Borrower haS made certain written representations and disclosures in oIder to Induce Lender to make the loan evideœed by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Leoder, at Its option and without prior notice or demand, shal1 have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the NQte or notes secured by thJs Security Jnstroment, Immediately due and payable. 2S. Time fa of die Bacuce. Tune is of the essence in the performance of each provision of thJs Security Instrument. 26. Waivec of SÞWtc of T imit.tinnto. The plcad!n& of the statute of limitations as a defense to enforcement of this Security Instrument, or any IUlIi all obligations referred to herein or secured hereby, fa hereby waived to the fullest extent pcnnitted by applicable law. 1:1. Mndi~. This Security Instrument may be modified or amended only by an agreement In writing signed by Borrower and Lender. 28. RdmhurIIa:oaJt. To the extent permitted by applicable law, Borrower shal1 reimburse TJuatce and Lender for any and all costs. fees and expenses which either may incur, expend or IIIStain in the CMCUtion of the tI1Ist created hereunder or in the performance of any act RqUIred or permitted heœwIder or by law or in equity or otberwisc IIrising out of or in connection with thJs Security Instrument. the Note. any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note 01' Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee IUlIi Lender their fees in connection with Trultce and Lender including, but not limited to assumption application fees: fees for payoff demands and.' statements of loan balance: fees for making, transmitting and transporting copies of loan document.s, verifications, full or partial lien releases and other documeIIts requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check: fees to determine whether the Property is occupied, protected, m.lnt.i..... or insured or related purposes: apprais3l fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, fon:closum fees and costs arising from fon:closure of the Property and protection of the security for this Security Instrument; and all other fees and costs of a limilar nature not othe.twise prohibited by law. 29. Ck:rical I!mIL In the event Lender at any time discoven that the Note, any other note secured by thJs Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error ~ was caused by a clerical miItakc, calculation error, computer malfunctioil, printing error or similar error, Borrower agn:cs. upon notice from Lender, to reaecute any dnc>1IT1HI'E that are nec:cssary to cornet any such error(s). Borrower further agn:cs that Lender will not be liable to Borrower for any damages Incum:d by Borrower ,that are directly or Indirectly caused by any such error. 30. Loet Stolm, DaIroyaI 01" Mutilared Security IDIúumcat ID1 Odø Doc:uøaD. In the event of the loss, theft or destmction of the Note, any other note secured by this Security Instrument, the Security Instnunent or any other documents or !nstrumentI executed in connection with the Security Instrument, Note or notes (collectivdy, the "Loan Documents"), upon Borrower's reœipt of an in""",,,ification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the JDItilated Loan Document, Borrower shal1 execute and deliver to Lender a Loan Document in form and content identical to, and fa serve as a replaccmeut of, the 106t, Itolen, destroyed, or mutilated Loan Document, and such replacement shal1 have the same force and effect as the 10lt, stolen, destroyed, or mutilated Loan Documents. and may be treated for all puIPOSCS as the original copy of such Loan Document. 31. "ai&J"""ftl"ofRaá. As additional security hereuDder, Borrower hereby assigns to Lender the rents of the Property. Borrower shal1 have the right to collect and n:tain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require Immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 32. Riden to tIåI Scœrity Instrumeot. If one or 1l1Oß: riders are executed by Borrower and recorded together with thJs Security Instrument, the covenants and agreeme:ots of each such rider shal1 be incorporated into and shall ænend and supplement Pa¡e 5 016 WYD1OD15 (06-23~8) r;::;::;:~:::r.~;::':;~\¡ t:~;·i·¡I ....9...J... ~tttilit2tilihi!~~ ¡;Uj~mí¡!Jilij;; r- '-"00886 '" .........-... . -." I!] Adjustable Rate: Rider o No Prepaymcot Penalty Option Rider o Other(s} (specify) s;~):;;}~;::í~~:t¡m·~~,~ I f?ð~~ð:8 ~ '7 I the coveoants and agrecmcotI of this Security Iustrumcnt as if the rldcr(s} wcn: a part of this Security Instromcut. ! [01ecIc applicable box(Q)] 0 OI-4FamilyRIcb 91 ~16S o Occupancy Rider I i ! ::'.::M::N~:~':::::: ~:;¡:::!~:r::*i~:;::: Loan Number: 791006167 Servicing Number: 002100902-2 Date: 03/07/06 o Contfnnrin;mn RIder o P1aoned Unit Devdopmem Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covcoants contained in this Sccurlty Instrument and in any rlder(s) executed by Borrower and recorded with it. Witnessca: (Scol) -Bonower (Scol) -Borrower lLDa~ SHJ\NE D FOSTER (SeoI) -Borrower (SeoI) -Bonowcr (Seal) -Bonower (SeoI) -Borrower The foregoing instIumcnt was acknowledged before me this r.......... a: /,' I' Y,' " {r<';]A ~3"---" ,. V!) ¡ fI ......., ,- ,..j - / / - 0& (dole) STATE OF WYOMING, by S'~á.'1e OJ Föst-~(/ My Commission Expires: I ~.. .3 () - 0 /) §iMoIro lecoblOft . Notery Public cÞwa'r .f St.at. of LI I(OIn ' Wy~ln" Þ Mr Cllllllnlt,IOII bplr... \Q JQ D1 ~ tl.{) 1~1 Poae 6 0'6 WYD 10016 (06-23-98) .....~-... ..~..... ....'-.--. .- ... ..-... -.... Loan Nµmber: 791.006167 Servicing Number: 00:U00902-2 COG888 0917:'-69 03/07/06 ." Date: ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) TIllS ADJUSTABLE RATE RIDER is made March 07, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Secmity fnstmmentj of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to H&R Block MOrtgage Corporation, a Massachusetts Corporation (the "Lender") of the same date and covering the property described in the Security Instrument and located at: .. . f 21.6 HILL VIEW DRIVE, APTON, WY 831.10- [Property AddIess] THE NOTE CONTAINS PROVISlONSAU.OWING FORCHANGFSIN 11IE1NTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE UMl1'S 11IE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER. MUST PAY. ADDmONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: The Note provides for an initial interest rate"of 8. BOO%- Nore provides for changes in the interest rate and the monthly payments, as fol1ows: . The 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 'The interest rate I will pay may change on the first day of April 01 2008 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date. · (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index· is the average of interbank offered rates for six-month U.S. dolIar-deoominated deposits in the London market ("LmOR "), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index.. · If the Index is no longer available, the Note Holder win choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) CaIcuTation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 10/100 percentage point(s}(6 .loot ) to the Current Index. The Note Holder will then round the result of this addition to the next higher one-ei~hth of one percentage point (O.l25 %). Subject to the limits stated in Section 4(D) below, this rounded amount will MULTJSTATB ADJUSTABLB RATB RIDER-LIBOR INDBX - Single FømiIy Page 1 of3 USRI0021 (02-23-99) r:i;:~:~,*¡~!J~::;1 ·ìll ¡.I¡·lil·j·.·.::~ '" ... '.~"-" .--....-... '-' Loan Number: 791006167 Servicing Number: 002100902-2 C00889 09171" -69 Date: 03/07/06 be my new interest rate until the next Clange Date. The Note Holder W1l1 then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Ctange Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) limits OIl IntemIt Rate Oumges The interest rate I am required to pay at the fIrSt Change Date will not be greater than 11. 800% or less than 8.800% . Thereafter. my interest rate W1llnever be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding six months. Tn no event will my interest rate be greater than 14.800% or less than 8.800% (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount. of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTI!RFSr IN BORROWER. Covenant 17 of the Security Instrument is amended to r~ as follows: Transfer of the Property or a Beneficial Interest in Bonower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower iS,sold or transferred and Borrower is not a natural person) without Lender's prior written consent.1.ender may. at its option, require immediate payment in fun of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ü exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detennines that Lender's security will not be impaíred by the Joan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. Tð the extent pennitted by applicable law, Lender may charge a reasonable fee as a conditian to. Lender's consent to. the loan assumptian. Lender may also require the transferee to sign an asswnption agreement that is acceptable to. Lender and that obligates the transferee to. keep all tIle promises and agreements made in the Note and in this Security Instrument. Borrower will cantinue to be obligated under the Note and this Security Instrument unless Lender releases Borrawer in writing, If Lender exercises the aptian to. require immediate payment in full. Lender shall give Borrower notice of acceleration. The natíce shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrmnent without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE RIDER-LIBOR INDBX.smp: PmIiIy Page 2 of 3 USRI0022 (02-23-99) ."-' .---..- ..-.....__.~-,.....~.._-_._.... '-'.-.-.-.-. r· !'·00890 Loan NQmber: 791006167 Servicing Number: 002100902-2 0917263 Date: 03/07/06 BY SIGNING BELOW, Borrower accepts and agrees to the terms and COveoants,contained in this XM4 š D FOSTER (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) MULTlSTATE ADJUSTABLE RATE RlDEIt.-LIBOR JNDBX-SiDgIe Pami1y Page 3 of 3 USRI0023 (02-23-99) ~::i::::::::~~::*:;: ~!1!:~~~~·~11í