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Home My WebLink About918439 , , pi i £~ btlo ..§u JSQ~ (f.I"+J ~ .......~ $:a Iii at¡ ð3 Iíi ·~.~n ,1:-1 ~fl 000228 Retum To: Prepared By: RECEIVED 5/16/2006 at 1 :45 PM RECEIVING # 918439 BOOK: 620 PAGE: 228 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Coldwel1. Banker Kortgage 2001 Bishops Gate Blvd. .Hount Laurel, NJ 08054 ~ - - ~ ~--- ~ - --- ---- Anjana Shukla, Coldwell Banker Mortgage 3000 Leadenhall Road Mount Laurel, NJ 08054 [Space Above TbJs u.e For Recudl-c Data] MORTGAGE M[N 100020000352555464 ;. ¿ ..J o DEFINITIONS ¡-I ,/ Words used in multiple sec~ions of this document arc defIned below and other words arc defmed in Sections 3, II, 13, 18,20 and 21. Certain rules reg~ding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document,. which is datedMay 5, 2006 together with all Riders to this documenl (8) "Borrower" is Drew Izatt and Lesliean B Izatt, II'OSBAHD A1IID WIn (t, 1 (. )/ Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under thi, Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Fliht, MI 48501-2026, tel. (888) 679-MERS.· WYOMING-8lngle Famlly-Fannle MaelFreddle Mac UNIFOftM INSTRUMENT WITH MERS cD -GA(WY) (0005).01 /J".JJJ. () PIOo ~of 15 InlIoIO:~ VIoIP MORTGAGE FORMS· (100)521.72'1 Form 3051 1/01 (D) "Lender" is Coldwell Øanker Mortgage 000229 0918439 Lender is a Corporation organized and existing under the laws of New Jers~y Lender's address is 3000 Leadenhall Road HoÙDt Laurel, NJ 08054 (E) "Note" means the promissory note signed by Borrower and datedMay 5, 2006 The Note states that Borrower owes Lender One Hundred Ninety-Pive Thousand Dollars and Zero Cant. Don81'S (U.s. $195,000.00 ) plus interest. Borrower bas promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1st, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." . (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instn1ment, plus interest. (H) "Riden" means all Riders to this Security Instrument tbat are executcd by Borrower. Tbe foUowing Riders aœ to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider 0 Condominium Rider D Second Horne Rider o Balloon Rider 0 Planned UJÚt Development Rider D 14 Family Rider o VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (I) "Applicable Law" means all controlling 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. . (J) "Community Association Dues, Fees, and Assessments" means all dues. fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic: Fonds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an elcctronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I.) "Escrow Items" means those items that aœ described in Section 3. . (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages dcscn'bed in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (m) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, tbe value andlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amOlmt due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35(0), as they might be amended iTom time to time, or any additional or successor legislation or reg.JJation that governs the same subject matter, As used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan docs not qualify as a "federally related mortgage loon" under RESPA. ~IA(WY) (0005).01 Pig. 2 of IS 1~~i2Ø Form 3051 1/01 *~::~;::::*::::::: ..t~i 1_lj,,'j"b) C00230 0918439 (Q) "Successor in Interest or Borrowertr means an; party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note 'and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment ofilie Loan. and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instnunent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the foHowing described property located in the COUNTY of LDlCOLB {Type of Recordia¡ Jurisdiction] [Name of ROC4I'din¡ Jurisdiction] ParcelID Number: :I 8 SLBBPY BOLLOW LANB THAYHB ("Property Address"): which currently has the address of [Street) [City] ,Wyoming 83127 (Zip Code) TOGETHER WITH aH the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shal1 also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument. but. ifnecessary to comply with law or custom, MERS (as nominee for Lender and Lendets successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of,record. THIS SECURITY INSTRUMENT combines uni'form covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. . Gt;8A(WY) (0005).01 'og, 301 15 Inh.~ lJ~tjJ ~I Form 3051 1/01 000231 031.8439 UNIFORM COVENANTS. Borrower and Lender covenant and agree as folJows: t. Payment of Principal, Interest, Escrow Items, Prepayment Charges, aDd Late Charges. BolTOwer shan pay when due the principal of. and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under tbe Note and this Security Instroment sbaH be made in U.S. currency. However, if any check or other instnunent received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits IU'C insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return any payment or partial payment if the payment or partial payments arc insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future. but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such UIlI:Ipplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply . such funds or return them to Borrower. Ifnot applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to forecJosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shalI be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. . If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after.the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments sha1l be applied first to any prepayment charges and then as descnòed in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instnunent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and alJ insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shaU pay Lender the Funds for Escrow Items \mlcss Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or aU 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 ..SA(WY) (0005).01 . . 'all". 0115 nllloIo: ~ /J ~ Form 3051 1/01 lliIB:J C00232' 0:91.8433 due for any Escrow Items for which payment of Funds has been waived by Lender and, ifLender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lcnder may require. Borrowcr's obligation to ma1ce such payments and iò provide receipts shall for aU purposes be deemed to be a covenant and agreement contained in this Security Instrumcnt, as the phrase "covenant and agreement" is used in Scction 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amoW1t. Lcnder 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, Borrowcr shaH pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect andhold Funds irt an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not to cxceed the maximum amount a Icnder can require undcr RESP A. Lender shall estimatc thc amount of Funds due on the basis of current data and reasonable cstimates of expcnditures of future Escrow Items or othcrwise in accordancc with Applicable Law. The Funds shall bc hcld in an institution whose deposits arc insured by a federal agcncy, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay thc Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing thc escrow account, or veritying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicablc Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as reqUired by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shaU account to Borrower for the excess funds in accordance with RESPA. If there is a shortage 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 accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shan promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument. leasebold payments or ground rents on the Property, if any, and Community Association Ducs, Fees, and A.sscssments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,lègal proceedings which in Lenders opinion operate to prevent the cnforcement of the lien while those proj;eedings are pending, but only until such proceedings are concluded; or (c) secures iTom the holder of the i~en an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deteqnines 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 4Øt;8A(WY) (0005).11 Pago' $ of 15 Inm·o:J:$tP Form 3051 1/01 .' ,- : -, '. ,. " ~ . .;',j . ,,'. ".<.' C00233 031.8439 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or , more of the actions set forth above in this Section 4.' Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shaJl keep the improvements now existing or hereafter erected on the Property insured against loss by fire, h8zards included within the term "extended coverage," and any other hazards including. but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove BOlTower's choice, which right shall not be exercised unreasonably. Lender may require BOlTower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting ftoman objection by Borrower. If Borrower fails to maintain any ofthe coverages described above, Lender may obtain insurance coverage, at Lender's option and BOlTower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect BoITower, BolTower's equity in the Property, or the contents of the Property, against any risk. hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amoW1ts 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 ftom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shaH be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause. and shall name Lender as mortgagee and/or as an additional loss payee. Lender shan have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In tbe event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss if not made promptly by BOlTower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the W1derlying insurance was required by Lender, sball be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Urness 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 shaH not be paid out of the insurance proceeds and shall be the sole obligation of BOITower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with .-8A(WY) (0005).01 . PIOI . 0/15 InI_~ Form 3051 1/01 r'''''] ';"'i' "~.,\' ,_"~",1,,. ':i;:~;¡;~·~i~~.~:r~~~~· " C00234 09:1,8'--139 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in tÀe order provided for in SectiOn 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier bas offered to settle a claim, then Lender may negotiate and settle the claim. Tbe 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 Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the inSUl"lUice proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use tbe Property as Borrower's principal residence within 60 days after the execution of this Security InstrUment and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circwnstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair tbe Property, allow the Property to deteriorate or commit waste on tbe Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to a void further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds arc not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it bas reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shalt give Borrower notice at the time of or prior to such an interior inspection specitYing such reasonable cause. 8. Borrower's Loan AppUc:ation. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or witb Borrower's knowledge or consent gave materially false, misleading. or inaccurate information or statements to Lender (or failed to provide Lender with material inft,rmation) in connection with the Loan. Material representations include, but are not limited to, repr¡esentations concerning Borrower's occupancy of the Property as Borrower's principal residence. . 9. Protection of Lender's Interest in tbe Property and Rights Under this Security Instrument. If (a) Borrower fails to pcñonn the covenants and agreements contained in this Security Instnunent, (b) there is a legal proceeding that might significantly affect. Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in baßkruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority Qver this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the PrQperty, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrwnent; (b) appearing in court; ~d (c) paying reasonable cøt;6A(WY) (00Q5).01 Pig. '1 01 15 InItJ.lo:-'4fJ Form 3051 1/01 Co· nr;"'5 ut;;.~ 091.8439 attomey&' fees to protect its interest in the Property and/or rights under this Security Instrument. inc1uding 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 wm pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under tIù~ Section 9, Lender docs not have to do so and is not under any duty or obligation to do so. It is agreed th~t Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Se~tion 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts 'shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge uruess Lender agrees to the merger in writing. 10. Mortgage IDsuranu. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect. at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the sepamtely designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu 9fMortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fun, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available. is obtained. and Lender requires separately designated payments toward the premiwns for Mortgage Insurance. IrLender required Mortgage Insurance as Rcondirion of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable toss reserve. until Lender's requirement for Mortgage Insurance ends in accordanèe with any written agreement between Borrower and Lender providing for such termination or until tenninatiOD is required by Applicable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time. and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiwns). As a result oftbese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer. any other entity, or any affiliate of any of the foregoing, may recei ve (directly or indirectly) amounts that derive from (or might be characterized as) a portion or Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiwns paid to the insurer, the arrangement is often tenned "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay ror Mortgage IDs uranu, or any other terms or the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will Dot entitle Borrower to any refund. ..SA(WY) (0005).Ot . . Peg. lor t5 InllIolo:~ Form 3051 1/01 I!m¡¡;*ill:~li~) r~::I::a!:::::::~;i~ ,M;t:':'~:t:.:;!t~ ·:::;:tt:::;~m~J;.( , . . "11"··" .."......,.,....'...... .', t COD2B6 OG."t ~)4 ....~ J4.~ ~.J~ (h) Auy ..uch ~greemeDts will not .affect the rlghu Borrower Juts.;, 1r JUly _ with rupeet to the Mortgage.lJ1sunJ1ce under the HomeoWJ1erJl ProtectioJ1 Act of 1998 or auy other Jaw. TJaue rightJ :may iDdude the right to receive eertaw disclosures, to reqDeJlt JUld obtain uD(,t!IIatiDn of the Mortgage murauce, to .have the Mortgage lnSDrauce termInAted JU1tQm.ti""',>,,.&Dd/or to receive ~ refwut of auy Mortgage lnmrauce pr~millm!l that were JlDeamed~t the time of SDd1 ('Rn~11~tion JU" termiDatiOJL 11. Assignment of Miscell.aneollS Proceeds; F DTfeiture. All Mis"",llan~ous Proœeds .arc .bcr~by J!SSigned to mxi.shall be paid to Lender. If the Property is .damaged, ..such Miscellaneous Pr~ Bhall be JlPplied to restomtion or:rcpair of the Property, if the rcstomtion or repair is economica11y feasible .andLender'.s .security is.not lessened. During such n:pair .and n=stomtion period, Lender .shall Dave the right to l101dsuch Mi-1IRnfOOUS Proceeds until Lender .has .had.an opportunity to inspect .such Property to tmsurc the work.has been completed to Lender's satisñtMic:m, provided that..such inspection shall be undertaken promptly. Lendermaypay for the 1'CpAÍrS .and I~tor.ation jn A .single Æsbur.scment or.in A series of progcss payments 2S tilt work is ~I~ed lJnlcssJUlJagJ'l:Cment is made in writing or Applicab1eLaw.requÏæsmtcrcst to bepaid on such Miscellaneous Proceeds, Lender .shall not be Ieq11i:æd to pay Bouower JDJ}' interest or eamiT\gS on such .M1~II~n~-ous Proceeds.lf tbe ]r~tion or Jq18Ír is:not e...nnnmically ft.asib1e Dr Lende1'JI security would be J~sened. the Mi"""'IIR1)~US Procccduhall be.applied to the.sums.securcd by this Security .lnstmment, whether Dr Dot then dut:, with the excess, if.any.paid to Borrower. Such.Mi""",l1R"~ousPrœeedssha11 be JIPPlicdin .the order]JIDvided for in &ction 2. In the event of A total taking, .destruction, or los.s in vJÙue of the Property, the Miscellimeous Proceeds shall be Applied to the BUmS .secured by this Security Tn..m~t. whether or DOt:then ñuc, with the acess, jf JIJl}', paid to Bmrower. In the event of.a partial taking, 1Iestmction, or loss in v.a1ue of the Property in which the iåir market vJÙue of the Property immeñi ate ly before the partial :taking, destruction, or loss in. value .is equal to or yeater :than the.amount of the sums BCCU1'Cd by this .security 1Dstrumcnt immerlilltt"ly .before the partial !alcing, lIestruction, .or loss in v.a1ue, 11I1lcss BOIrOwm' .and Lender otherwise AgI'CC .in writing, the.sums ßCClU'Cd by this Security Instrument ßha11 be I~ by the JmlDUDt Df the Miscellaneous P:roceeds :multiplied by the following fmction: (A) the total Jm)ount Df the.sums.secumi imm"Cli"t"'ly before the p.artial taking, LIcstruction, or loss jn v.alut rlivid:d by (b) the fair market v~ Df the Property nnm~mJri-~ly befom the partial taking. Ijestruction, or loss.in value. Any hala:nœùIl he paid toÐœrowa'. In the evœt of A partial talcing, destnu:tion, or loss in v.a1uc Df the Property in w1úch the £air market vAlue Df the .Propetty 111m\t'.CIi"t"ly before the partial taking, dcstructinn, or loss.in YJÙUc is less 1ban the .amount ofthc.smns.secured nnmeCli,tely before the partial:taking, .dcstmction, or lossjn v.alue, mùcss .Botrower .and Lender mberwisc JIgœt:.in writing, the Mi _ll....eous .Proceeds shall beJljJp1ied to the JI1IIDS JICCIJred by this Security T.,ctn""...,t whctber DrDOtthtIS1DDSJiæthcnßuc. 1f the Property is abandoned by BorrowtJ', Dr Ü, After .notice by L=der to .BOITDWU that the Opposing PJUty (AS .defined.in the:next s~t~ce) Dffi:rs to maJœ JID AWard to ~.a claim for Jiamascs, .Bmrowcr 1'ai1s to respond to Lender within 30 .dayufterthe rlate the DOtiœls given. Lender is HlttMn7M to collectJIDtbpply the MiSr.P.IIAnM'IS.Proœeds either to~ncm.orrepair nfthc Propcrty.or to the .sums.secmcdbytbis.8ccurity T~1:, whetbcr orJlOtthenJlue. "0pp0singP.arty" .means.tbethiIdparty that D\VCS Bouo~ Misc~l1smp.ous Proceeds or the party .against w.bom Bmrowt:r .has AIÏgbt Df JU:tion.in "Iegmito Mi~lI~ousProœeds. Borrower ßha11 be jn .default if.any JU:tÏon Dr pI'l\l'f'!Pñi., g, wl1ctber civil or a:iminaI, is begun that, .in .Lendm'sjndgmP.11t, could:n:su1t.inforfeituu: of the Property orother",,,t..nAl :impø~t nfL=dcr'.s Jnteœst.in the Property Drrightsmulerthis Bccmity Tn..m........t .BOUOWCl' QIJ)~ .sw:hAJicfau1t.and.jf ac....1(m1tion.has nccmred,:re.insœtc.as providcd.in 5cction ]9, by .causing theJlCtion orpmceeding to be ñiRtni~.....Jt withA.:niling that, .in Lcndcr'sjudgment, pœcludcsforfcitun: nf1he.Propeny or nthcr",,,t-iRl impainn""t nf l.endcr's.intc:æst.in the Propeny or iïgbts 1D1dertbis -Security lnstmmcnt. "Thcpnx:ceds Df JlDY Awmd or.c1aimfor lÙImR.8"'" tbat~Jlttñbutab1e to the impaDmcnt of..Lendcr'.sinœœst.inthePmpcrty JU'Cbcn:by a!t."i~.andBhall bepaidtoLcnder. All Misccllimeous PIoceerls that .art: DOt .Applied 10 restomtion or mpair of.the Property .Bhall.be Bppliedin :the mdc:rprovided for.in Bection2. G-¡A(WY) 10l1li5).01 . i'_.dU _:~ Fmm3aS1 1/01 _ CGorEtt Q3:t843~ 12. Borrower Not ReJeased; ForbearJUlee By LeDdu Not.. W..iver. F.xtP.nSiOD ofthc:time for payment or mndifi('.atinQ of .amortization of the BUJDS SCCW'Cd by this.8ecurity 1nstrumcnt gœnted by.Lender to.Bmrower or .any .8ucccssor in Iuterest of Borrower shaH not opeœtc to release the liability ofBOIroWt:1' or JIl1Y S"r-cessor.sro lnù:rcst of Borrower. Lender .shall not be ~ to cnm~re prnr-rfh'&'I.agaÌDst JUly Successor ro Interest of .Borrower or to refuse to atcnd time for payment or otherwise modify .amottizatian of the sums ~ by this Security .Instrument by I!:8Son of.any rlcmand made by the origiDal Bonowcr or.any Suc('~ inlnterest of Borrower. Any fort>-",n~ by Lender in excrcising.any right or remedy.including, without limitation, Lender's.acceptance of payments from third persons, Cltities or SucceSsotS in lnterest of Borrower or ro amn'mts Jess than the.amount then J3ue..shall not be Ji waiver of or preclude the aercise of .any right or remedy. 13. .Jomt JlDd Several Liability; Co-sigDers; Suceeøon.aDd .AJligns BoUDd. BŒIOWa' a>vmants JIDd Bgl'CeS that BœroWCl"s obligations m1d Jiability .shal1 be jointJlDdævmù. However, JIl1Y BonowcrwJw co-Bigos this Security lnstIUment but does not execute the Note (a "1:o-signcr"): (a).is arsigning this Security lnstmmcnt DIÙY to mortgage. grmrt.and convey the co-signer'.s.inh:rcst in the.Property under the teIms of this .8ecurity lnstrument; (b) is not personally obligated to pay the sums.secuœd by this .8ccurity Jnst:nuoent; and (c) Jl&I'ec8 that Lender .and.any other Banowcr t:an .agree to t:Xtend, modify. forbear or make .any AIX'-Q17''''odations with nprd to the terms of this Security .InstnIJœnt or the Note without the .co-.signcr's consent. Subject to the provisions of Section 18, JUly Successor in Inten:st ofBorrOW!:lI who.assumes Borrower's obligations under this Security 1nstrumc:nt ro writing,1IDd.is çproved by Lender..shall Dbtain .all ofBorrowcr's 1igbts.and benefits JJDdcr this Security Inl:tmm..nt. Borrower .sball.DOt be released from Borrower's obligations.and liability 11I1der this Security 1nstmmcnt unJess Lender agrees to such reJœsc in writiDg. The covenants .and Agreements of this Security .Instnunent .shall bind (aœpt.as provided.in .Section 20).and beœfit the.successors.and JISSigns of:Lcndcr. 14. Loan Charges. l..cndcr may charge Borrower fces for.services performed in çnI1Qection with .Borrower's default, for the purpose of protecting.Lcndcr's .inteœst.in the Property ..and rights under this ..8ecurity Instrument, ;~clntlmg, hut.DOt Jimited to. Jittomcys':fees, property inspectiOJund VAlnsrtion:fees. In ngani to.any otherfces, :the Bbsc:nce of apn:ss JU1thority in this.5ecurity Jnst.mmcntto d1argc Ji.spccific fee toÐarmWt:1' Bbal1 not be amstruedas Ji pmhihition on the clwging of .suchfce. .Ltmdcrmaynot clwxe :fees thatJIII: apæsslyprohibited by this.5ecurity 1nstrumcnt or by ~ Law. If the Loan is subject to A Jawwhi.ch æts mntm1l1n loan cl1arges, .and that law is.:finally interpreted.so that the .inteœst Dr other Joan charges œllected Dr to be co1lccœd in cnnn~.ctinn with the Loan t:XCCCd the permitted limits, then: (a).any such loan charge shaH be 1'Cduced by the JUDOlInt ne.çf!"..ary to n:ducc the cl1argc to the PP."'"';ftP.(j limit; m1d (b).any BUmS already rnl1P.Cted ftmn Bmrower wJrich ex~ðed pt'!"I'iffp.tl limits will be refunded to Banower. .Lender may cl1DOBe to :mab this refimd by 1'f'!t!nr.it\B the principAl owed under the Note or by making A dUut paymmJt to Borrowu.lf.. xeñmd:reduces principal, the ye:ðl1çt; nn will be tr9ted.as.. partial prepayment without .any pœpaymcnt charge (whether or .not .Ji prepayment charge is provided for under the Note). Borrower's ~ of.any ~ refund made by ñirect payment to Borrower will amstitute A waiver of .any right ofJlCtionBmrowcrmighthaveJUising out ofsuch ovtm:hmge. 15. Notic:ea. .All notices ~ven by Borrower or l..cndcr in çnn.,...c:tion with this Security TnO>tnJTn~t must be in writing. Any notice toBœrowcr in çntn\f'.rlion with this Security JnstmmentBhalI be J:Iccmed to l1ave been given to .Borrower when mailed by first class mail or when .actually .delivered to Borrower's :notice ~ if BCDt by other means. Notice to.any one Bcmower .shall œnsti1utc :notice to.all BOIIDWC:J'S unless Applicable Law cqmssly requires otherwise:. The notice.address shall be the Property Address unless Borrower l1as designated Ji "nhdrtnt.. notice.address by .DOtice tol.cndcr. Borrower .sha1l promptly notifY Lender ofBQ1]'Ower's change of .address.lfLender .sp:cifies A proœduœ for reporting Borrower's .change of.addœss. then Borrower shall only .report Ji.change of.address.through 1hat BpCcified procedure. There.may be only one tI....i.8'".tp.d Jlotice address .under this Bel:urity Instnuncnt at.any one time. Any .DOtü:e to Lender 5ba11 be given by de1ivmng it or by mailing it by first class mail to L=dcr's JUldn:ss ~tated .herein un1ess L~er .has dcsi.gnatcd .another .address by:notice to Borrower. .AnY.DOtice m canncction with this.8ecurity .Instrument Bhall not be JJœmed to.have been ~ven to Lender .until JU:tually 1UeÎved by Lender.lf .any:notice nquired by this Security .Instnuœnt.is.also 1'Cquîn:d under .App1icab1e Law, the Applli:able Law nquirement will satisfy the .com:sponding requircmt:IÚ under this.security Tn!l:tntmt'!ftt. .-8A(WY) COOO5).t1 . ~_J_U _ <J--Ê f} ~LV F41'111 3051 .1/01 J: ." .,.. .~-:¡'; L.~:;L:.;~....;.c.J· Il;¡:; j~:;¡~ :~¡¡ :miJ: j ...- . ."'·..;....1'1'1·.·.'.·· -.. .' 0 ... ...., , ,t n· ,:;iT' 8 .. . ~ '" ~.. 031 Pd "~n ..:.:i cU~ J6. Goverclug Law; Seven&hillty; .Rules of Construction. This Security Instrument Wll be governed by feden1llaw .and the law of the jurisdiction in whú:h the Property is located. All rights.and obliptions contained in this Security lnstrument arc subject to.any requirements.and I imitl'ti nllS of Applicable Law. Applicable Law might explicitly or .implicitly ~ow the parties to agree by contmct or it might be silent, but such .silence.shall Dot be coIlitIUed.as a prohibition against agreement by contœct.ln the event that any provision or clause of this Security lnstnJment or the Note conflicts with Applicable Law, such conflict shall DOt affect other provisions of this Security lnstrument m the Note w.bich can be .given cffc:ct without the conflicting provision. & used in this Security lnstrument: (a) words of the masculiDe gender .sha1l mean .and :include corresponding DCUter words or words of the feminine gender; (b) words in the .singular .shall mean.and include the pluml.and vice vezsa; and (c) the word "may" Zivcs sole Lliscrction without any Dbligation 10 :take any .action.. 17. Borro wer' s CJlp Y . Bonower .shall be EÍVI:n one J:O.PY of the Note mxl of this Security 1nstnuncnt. 18. Tr.ausfer of the Property or. BeuefidJIl Interest in Borrower. Ju used in this Bection lB, "Jntcrest in the Property" means any legal or.beneficia) interest in the Property, mdnning, hut DOt limited 10, those bl!nr.fir.ial.intcœststnmsfcmrl.in.a bond for decd,l:ODtœctfor.deed. ;ncm.llnvmt.sa1esumtæct or acrow.agreement. the .intent of which is the 1:mnsfcr of title by .Bmiower .at.a:future .date to a pun:haser. 1f all or any part Df the Property or any lntcrcst in the Property is Bold or tnmsf'erœd (or üBorrower is Dot a Datura1 person and a beneficial interest in Bmrowcr is .sold or tœnsfi:Iæd) without.Lt:ndcr'JI prior written consent, .Lender may require immediate payment .in.full of ~ sums.secured by this Security lnstrument. However, this option.shall Dot be exercised by.Lender if .such exercise is prohibited by .Applicable .law. If Lender exercises this option,.Lender .shall give Bonower Dotice of .acceleration. The Doticc .shall provide.a pc:ri.od of Dot Jess than 30 days funn the date the Dotice is given in accœtIancc with.5cction ]5 within whú:h Borrower must pay all.sums .secured by this Secmity .Instmmcnt..1fBOIrower fails ío pay these sums prior to the apiration of this period, Lender may invoke.any remedies pcnnittcd by this .5ecurity 1nstrumcnt without further notice or dcmand.onBmrowcr. 19. Borrower's Right to Reinstate.After AèeeIention. lfBmrowcr.meets a:rtain ¡:anditions, Borrower .shaH bave the right to bave enfon:cmcnt Df this.5ccurity In'tnTI"Q.....t rIi,r.nnnn11..ti .at.any time prior to the earliest of: (a) :five days befoœ sale of the Propert:ypursuant to .any power of.sale containcd.in this Security lnstmment; (b).such other period.as Applicable Law might specify :for the tf'!nTlinllnnn, of .Borrower's right to reinstate; or (c) entty of BjUdgment enforcing this Security 1nstmmcnt. Those ¡:onditions JU'C that Borrower: (a) pays .Lender all sums w.bich then would be due under this .5ccurity .Inst:nunentandthe Notusifnoaccelcration.had occurred; (b)œres.any default ofany other.covenants or BgreeIIICI1ts; (c) pays all ~,~s.incwred.inenforcing this Scc.urity lnstrumcnt, inr.bufin,g, hut DOt limited to, J'CaS()~able attomeys' fees, property .inspection and valuation fees, .and other fees .incmmd for the PWPOSC ofprotccting.ù:ndcr'.s intercstin the Property .andnghts under this Security Iri$tn'''''''"t;.and (d) takes such action .as .Lender may rcasnl1~ bly reguireto.BSS1D'C that Lendcr's intcrcst.in the :Property and rights under this Security .lnstrumcnt, and BOIIDwer's obligation to pay the.sums secured by this.5ecurity 1'1stnnnent,.shall continue 1mr.hllngcd..Lc:odermay.n:quirethatBmrowerpay BUCb~n~t..........t.&UmSand expenses in DDe or more of the following fOnDS. JIS.selccted by úndcr: (a) ash; (b)moncy order; (c) certified chcck, bank check, treasurcr's chcck or ashier's check. providedany .such clJcck is mwn upon JID inm111nnn whose deposits .are insured by a .fedeœl Bgcncy. :instrmncntaJity or entity; or (d) E1edronic Funds Tmnsfer. Upon J!!inctllt~""t by Borrower, this Security Tnctrnml'mt and oblipnnnc .secured1lcreby .Iuùl remain fully cffcctiVC.asÜDOacceleœion bad OCI:I.11Ted..Howcver, this nght to1'CÌnStatc .Iuùl.Dot .apply.in the £:aSe of ..N¥!1......tiOl1 under Section ]8. 2.0. Sale of Note; Change of Loan Scrvh:er; Notice m GrleVJUlCe. The Note m a partial intercst :in the Note (togctbcrwith this Security .Inmument) x:anbe Bold one mmorc times withoutpriOrJwticc1o Borrower. A.sale might n:suIt.in.a change.in the Cntity (known.as the ".Loan .8crv.icer") that colIccts Periodic Payments due under the Note and this Security.Instrument.and pcrfouns other mortgage Joan .servicing nhligations.under the Note. this.8ccurity In~tT11mf'!l1t..andApplicableLaw. ThcœJÙsomightbe one ormorc cl1angcs of the.Loan Scrvú:er .11IIœlBtcd to a ale of the Note. If there is a clumge of the Loan .5ervicer,Bmrowcr will be given written:noticeoftbe cl1ange whiclJ will state the DBJDe and.address oftbc .Dew Loan Scrvice.r, theJWdress to whú:h payments.should be: made .and any other infnnnan(1) RESPA .-IA(WY) (0005'.8' . 9.8e \I .of 11 _:~ form 3051 1/01 COD239 0918439 requires in r.nn......crion with.a notice oftmnsfer of ~.1f:the:Note iuold.andthcn:aftcrthcLoan.is .serviced by .a Loan 5crviccr other than the pmcllascrof the Note, :the mortgage loan .serv.icing obligations to Bmrower will:remain with the Loan Serviccr or be transfened to.a BUCœSSOr Loan Scrvicer .and JII'C JlOt t's$l~d by the Note pxm:baser mùess otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence. join, or be joined to.any judicia} .action (.as ~er .an .individual liti~t or the:member of.a class) that .arises from the otbcrparty's JU:tÍœ1s pursuant to this Security 1nstnunent Dr that.alleges that the otberparty bas breached ny provision of: or uy .duty owed by :reason of. this Security 1nstrumcnt, until.such BOIrOwl:r or Lender lias notified the other party (with such llotice given.in compliance with the requirements of:Section 15) of .such.allegui hn::ach.and.affordcd the other party hereto.a reasonable period .after the iiv.in,g of ßUcl1 notice to take conective ACtion. ]f Applicable Law provides.a time period w1rich must'Clapse before ~.action am be taken. that time period will be deemed to be IC8S0nab1e for purposes of this par.a,graph. The llOtice of .accelcœtion.and opportunity to cure given to Borrower pursuant to Section 22 .and the JlOtice of a c"'..I......ti on given to Borrower pmsuant to Section IB.shall be deemed to;Satisfy the.notice JIDd opportunity to take cœrective .action provisions of.this Section 20. 21. BazarJiOUl Substances. As JlSed.in this Section 21: (a) "HazarrlousSubstanccs" .are those subsQInce¡ defined JIB toxú: or .hazardous SI)bst8nces,poll1m.nts, or wutcs by E.nviromnenta1.Law .and the :following R11l)stnCt'!s: gasoline, b:roscne. other flamm"hIe or toxic petroleum products. toxic pesticides .and hcri>icides, voJatile solvcnt:s, materials cnntR;ni~ asbestos or i'mmAlttebyde..and TRðiO'tctivemateriaJs; (b) "Environmf!ntRI Law" means:œdera1 Jaws.andlaws ofthejnri!lU1ir.hon whcœ the Property.is located that relate toheahh..safety or environmlmtJlI protection; (c) "EnvirnTm\t'mhll Cleanup" 1nclnrl"'5.any.rcsponse .action.~ JWtion. or removal.action..as defiDedinEn~aJ Law;.and (d) JID "Envirnn.......tAI Cnnðmon" means..a condition that J:aD J:aUSC. 1:ODtribute to, Dr otherwise trigger .an Envirnmnf!1)t 1 CJeanup. Borrower .shall not cwse Dr pennit the presence. use. rlisposal. storage. or:release of ..any .Hazardous Sl1œr.,nr.eS, or threaten to release uy Hazardous Snb'Si$IJccs, on or in the Property..Bmmwer .shall DOt.do, nor .allow myone else to do..anything mfecting the Property (a) that.is.in violation Ðf JlDY EnvirnnmP!ntR I Law. (b) which cœatcsmEnvi1nnml'!nhll CnntIitinn, Òr (c) which, due totheprescmce. use, orœleasc Ðf~ Hazardous Substance, cœatcsJL cnntlitinro tbatJldvemely.affects the value of the Property. ThcP"""""ðÏT\8 two scntenus.shall Dot .apply to the presence, me, or .stonge on the Property Df mnall quantities of Ha:zardous Substanr.es that Me genemlly :recognized to be.appropriate to nmmal ]'e!i:identiaJ uses .and to mamtfmAn~ ofthe.P:roperty (including, butnotlimitcd to..hazanIous $]tbstances in çnnlln.",...products). BOD'ower.shall promptly give Lender written notice of (A) JUly .investigation. claim, rlf!TT1Rnrl,lawmit or Ðther.action by JUly govemmP!ntJlI ormgulatD¡y.agency orpriv.atc party involving the Property .and my Hazardous SubstaIWc or Environmental Law of which Borrower l1as .actual.knoWledge. (b)..any. En.viro~taJ Condition. indnrli1'\g but not limited to, JlDY spilling, Jcaking. Jiiscbarge. release or tbreat ÐÍ IClease Df ny Hazardous Substance, md (c) my condition caused by :the prcsezu:c. use or release of ~ Hazardous Substance w.hicludversely..affects the value Df the Property. JfBmrower leams.or .is Dotified by JUly governmental or regulatary JLUthority. or ..any pI:ÏVJU:e party, that.any removJÙ or other ~",tI;ation Df my HazmIous Snhsnonçc .affecting the Property .is n"""""UT)', Borrower .sball promptly take.all ~~CJITY remcdiaJ .actions in ..accorLlance with Env1rnnmf'mtJIl Law. Nothing.herein.shall create..any obligation on Lender for nEn\o'ÍrnnTt'tl'!nh.1 Cleanup. G\-6A(WY) (00081·01 hll.,4:....lI - fJ6?!( {J FDTDI 3051 1/01 r:':';:;;:;':};:;:j ·,··J",·\'·'·'I'f..··~>:J ~ t i!· .,>¡.; '¡', . ~. ,.~.~. ..': :f.::!:::~:~~r;¡ '. C00240 091.S4J~ NON-UNlFORM COVENANTS. BorrowCT JmdL1mdc:r:furthCT covenant JIIld,agree B.S follows: :22. .Aue1eratioJt; "R..m~dies, Lender .shan give notice to Borrower prior to .acceleration foBowlng Borrowu's breach of JUly covenant or .agreement ÎD this Security lnstrmoent (but Jlot prior to .acalet2ü0D UDder Section 18 JlDlcss Appliable Law provides otherwUe). The Dotkuh.aU specify: (a) the JiefJwlt; (b) the Jlction required to CUR the default; (c:).a date, Dot Jeas than.30 Gar-:from the.date the notice.is given to Borrower, by which the øefault JJlUSt be œred; ADd (d) that laJIare to DU'e the .default nn.Dr before the .date 5peåfied in the notice.may resultJD .acœlemtion al the SIIDIS.secured by thiI.8ecurity lDstnunent nø.ule of the Property. The JJOticeùall further lDformJlorrower of the right to rdut.ateJdter .aceeler.atio.n.and the right to bring.a anu1.ad1on to assert the JUJD-aistence of JI default or .any other øefense of Borrowu to JlCceIeration .and .sale. H the ùefault.is.DOt au-ed GD or before the date 'P""lfJoed in the notice, Lender Jlt its optio.n may .require fm.......iat~ payment.in fnll of all.lUIDI secured by this Security lnstrument 1Irithout further Àemaud and may invob the power Alf ..Ie JUUi JUly other remedies permitted by Appllc:ahle Law. Lender shall be ~fttjtled to ~oJla:t.al1 expenses.hu:urred in pursuing the r~mpdlp, provided in this Sedinn 22,.iDcludinJ:, bm .notJimited to, n-."On.hl.. .attomeys'leesJlDd œsts of11tle evidence. If Lauler .Invokes the powu of ~ Lender .shall give DOtice Ðf .Intent to 10ruJoae to Borrower .and 10 the penon in possession of the Property, if ØJfferent, in aa:orda.nee with .AppJicabJe Law. Lender man give notice of the sale to .Borrower in the.DW1DU provided 1D Section 15. Leader ùall pl1hlish the notke of .uIe,.and the Property man be sold 1D the.DWU1er prescribed by Applicable .Law. Leader or itJ deligDee may purchase the Property .atJUlY .sale. T.he proœedJ Ðf:the.sale ùaII be .applied in the 10llow1.ng Dnler: (.a) to JIll.exPenJes of the ule, inclJu:lin.g, but Jlot limited 10, reasODahJe ~~. fees; (b) to.all.sums .secured by this&curity.IDstnu:ne.nt;..d (c).any excess to the pe1'SOD.Dr perBOIIIJeplIy etitled to.it. 23. "R,..........1Jponpaymcnt ofBll.sums.sccun:d by thisSt:aJrity Tnmnm....t:..Lendcr .shallD:h:asc1his .8ccurity lIIStnnncnt. Borrow!:!" .shall pay ~y recordation £:osts. Lender may charge BOI1'owcr .a .fee for :releasing this.8ecurity lnstrmnent, but only if the fee js paid to J, third party for .scIViccs m1dcœdJmd the clwging of~ fec.is permitted under Applicab1e Law. .24. W.aIverL Borrower Ieleaes JlDd w.aives..a11 riEhts under JUld by vútue Dfthc .homestca4 "'Y~QDlaW5 of Wyoming. .'¡A(WY) (0006).01 . hvo 13af 15 -: td'l/J Form 3051 1/01 \ C .. C00241 091.8433 BY SIGN1NG BELOW, Borrower accepts and agrees to the terms aDd covenants contained in this Security Instrwnent and in any Rider executed by Borrower and recorded with it. Witnesses: <=;:::¿~~~~~\)S~ ~\\\;.R~,\ . L~~ \ (t/ÆJ)~... ' _. ... COLV-O\ --\\-J~ v..~ (Seal) -Borrower -Borrower (Seal) -Borrower aU(WY) lOOOS).DI . (Seal) ~ Drew ..... IþJ (Seal) -Borrower ~ (Seal) <.. ..... ...tt . .B_ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower PIO' 14 01 '5 Form 3051 1/01 ~1~ltl¡' " 000242 STATEOF:WYOMING, LINCOLN Þ ~f1. The fore . . County U· by D go... """"""'" '"'" -I"'&od bofi .~ Ç>, ~ 'ù,.!.. Oò to . rew Izatt, La.liean B I ore me thIS Kay~~ zatt ~~~ O~j.8"1;JS My Commission Expires: '\ ~ - \ ~ - ~ð 0 \.p c:.~.""~>-~.0<,,,~. . .. Notary Public: . 1 . ~-- - . ClltU(Wy) (0005).02 P"9' .15 ø/ 15 Inllllla:~ Form 3051 1/ot .. "," , ~,~ ::~,:' -::::~i¡:!' ".!;.~" ~ JrJ::!¡¡;;':' . .....~ ',' .:.' .. .'''!': ~ ';. "'.. .'.',;';',""" ;.' '.' .,;:;~::f:::~¡¡~¡:i":" " RightFa.x , 5/5/2006 5:05 PM PAGE 6/008 Fa.x Server 000243 Fax Sarver 3/19/2008 9:59 PM PAGE 5/007 Fax Server 091,,8439 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND WAVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEl\1PTION LAWS OF THE STATE TO WIT: LOT 2 OF NORBESS ESTATES, LINCOLN, COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED FEBRUARY 13, 2003 AS INSTRUMENT NO. 887772 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. I,NI:.:II,:.:..,¡:,;.. ~*~!~;:;:;:!:~;!~