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HomeMy WebLinkAbout918941 Relurn To: Return TO:~~~~~r- ~-\\\~S Wells Fargo Home Mortgage 1919 Douglas Street 3rd Floor Omahn, NE 68102 Prepared By: WELLS FARGO BANK, N.A. 1919 DOUGLAS" OMAHA, NE 681010000 D EFJNITIONS ~r:~~;~;m1~m;~m~~ '?k [Space AhClve l1\Î~ Line For Recordin(: Data) MORTGAGE RECEIVED 5/31/2006 at 4:33 PM RECEIVING # 918941 BOOK: 621 PAGE: 726 JEANNE WAGNER ____~'~~OLN COUNTY CLERK, KEMMERER.WY Words used in multiple sections of this document are defined below and other words are defined In Sections 3. I I. 13. IS. 20 and 21. C~rt3in rules regarding the usage of words used in this documenl are also provided in Section 16. (A) "Security Instrument" means this document, which is dared MAY 30, 2006 together with all Riders (0 this document. (B) "ßoTTower" is DINAH JP VILLANEUVA, A SINGLE PERSON t¡¡ BOlTower i.s the mortgagor under this Security rn!1trument. (C) "J.ender" is WELLS FARGO BANK, N. A. /. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITBD STATES 0065731549 """ ~' .....J WYOMING-Single Family-Fannie Mill/Freddie Mac UNIFORM INSTRUMENT Form3051 1/01 o ·6(WYIICOO61 P:>Ç20 ~Of 16 Inlli"':: G-J 'IMP MOATG^GE FOAMS· 16001521 .72~1 ~,).....ì~ ~)9¡11 ~ -..1 ."j... Cj , t C00727 Lender's address is P.O. BOX 17339, BALTIMORE, MD 212971339 Lender i.s the mortgagee under this Security InstrumcnL (D) "~ote" means tbe promissory note signed by Borrower and datedMAY 30, 2006 The Note states that Borrow(:r owes Lender EIGHTY EIGHT THOUSAND FIVE HUNDRED AND 00/100 Dollars (U .S. $ **...... B B, 500.00 ) plus interest. Borrower ha.c; promised to pay this debt in regular Periodic Payments and to pay the debt in ,fun not later tban JUNE 01, 203 (5 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan'! means the debt evidenced by the Note. plus imerest. any prepayment charges and late charges due under the Note. and aU sums due under this Security Instrument. plus interest. (G) "Riders" means all Riders to this Securit.y Instrument that arc executed by Borrower. The foHowing Ridtfs are 10 be e;Jlecuted by Borrower (check box as applicable]: o Adjustable Rat~ Rider 0 Condominium Rider, 0 Second Home Rider B Balloon Rider 0 Plann~d Unit Development Rider 0 1-4 Family Rider V A Rider 0 Biweekly Payment Rider !!J Otber(s) lspecify] TAX EXEMPT F.XNANCING RIDER (ß) "Applicable Law" means all controlling applicable federal. state and local statutes. regulation!!, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (I) "Community Assoåation Dues. Fees, and AS,5essmcnts" means all dues. fees. assessments and other charges that are imposed on Borrower or the Property by a condominium association. homeowners association or similar organization. (J) 'iElcctroDic J"unds Transfer" means any transfer of funds. other than a transaction orig.inated by cbC"Ck. draft, or similar paper instrument, which is initiated through an electronic terminal. telephonic instrument. computer, or magneti.c tape so as to order. instruct, or authorize a financial institution to debit or eredit an account. Such term includes. but is not limited to. point-of-salt transfers, automated tel1£:T machine trsnsactions. transfers initiated by telephone. wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that arc described in Section 3. (L) "l\-fisccllaneolL'i Proceeds" means any compensation. settlemt'nt, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) (or: (i) damage to. or destruction of, the Property; (ii) condemnation or other t3king of all or any part of the Property; (iii) conveyance in lieu of condemnation: or (iv) mi~rcprc5enU¡tions of. or omissions as to, the value and/or condition of the Property. eM) "Mortgage Insurance" means insurance protecting L£:nder against the nonpayment of, or default on. the Loan. (N) "Periodic: Pa}'ment" means the regularly scheduled amount due: for (i) principal aDd ioterest under the Note. plus (ii) any amounts under Section 3 of Ù1is Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et ~eq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as II "federally related mongage loan" under RESPA. Initi.'s: ~ _ Q ·6IWYIIOOOSI 'I) P'ø. 2 of '5 Form 3051 1'01 :::::::I:': ;':'·:~:. ~:~ ,'. ',' ,..f",;:".", t",~~.~·· j]¡]~!~îm;!! 09~t8941. C00728 (P) "Successor in IDtero;t of Borrower" means any put}' that has taken title to the Property, whether or not that paJ.1y has assumed Borrower's obligations under tbe Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment (If the Loan, ,and all renewals, extensions and modific3tions of the Note; and (ii) the pcrfonnance of Borrower's covenants and agreements under this Securitv Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant!U1d convey to Lender- and Lender's successors and assigns, with power of sale. the following described property loeatcd in thE: COUNTY of LINCOLN (1)pe of Recorthn¡¡ ]u"~¡Jic[ion] [Name or Recording Jurisdi"ionl LOT 10 AND THE EASTERLY 15 FEET OF LOT 9 OF BLOCK 34 OF THE FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTy, WYOMING AS DBSCRIBED ON THE OFFICIAL PLAT THEREOF. THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TÂX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 17339. BALTIMORE. MD 212971339 Parcel ID Number: 509 PEARL STREET KEMMERER ("Property Address"): which currently ha.~ the addrc.c¡,s of [Streetl (City] ,Wyoming 83101 [lip CQdcl TOGETHER WITH all the improvements IJOW or ~ereafter 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 Jnst\'1lment. All of the foregoing is referred to in this Security Instrument 3$ the "Property," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has lhe righl to mortgage, grant and convey the Property !U1d that the Property is \lJ1encumbered. except for encumbrances of record. Borrower warrants and will defend generally the rille (0 the Property against all claims and demands, subject to iUly encumbrances of record. TI·IIS SECURITY INSTRUMENT combines uniform covenants for national use aod non-unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: ,1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Latc Charges, BO.lTower shaH pay when due the- principal 01', and interest on, the debt evid~need by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items purguant to Section 3. Payments: due W'ldcr the Note and this Security Instrument shall be made in U.S. curr~cy. However, if any check or other instrument received by Lender as payment under the Note Or this JI\III~Ja' ",,/ <Q-6(WVIIOOOS) <!J "8Ø9 3 QI 15 Form 3061 1/01 O~jl.894~1. (00729 Security Instrument is returned to Lender unpaid, LendéL may require that any or all subsequent payments due undcr the Nott:: and this Security Instrorntnt be made in one or more of the following forms, as selected by Lender: (a) c39h; (b) money order: (c) certified check, bank chrek. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposirs are insured by a federal agency, instrumentality. or entity: or (d) Electronic Funds Transfer. Payments arc deemed received by Lender when received at the location designated in me Note or at guch other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lend€:T may return any payment or partial payment if the payment or partial payments are imufficiem to briIlg the Loan current. Lender may aCè£:pt 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 sucb payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lend€:T need not pay intercst on unapplied funds. Lender may hold ~uch W\applied funds umil Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. l..crIder shall either apply such funds or return thtm'l to Borrower. Jf not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the furure against Lender shall relieve Borrower from nuking paymc:nts due under the Note and this Security Instrument or perfonning the covenanUl and agreements secured by this Security Instrument. 2. Application or Payments or Proceeds, E;>;ccpt as otherwise dcscribed in this Section 2, all payments accepted and appli~d by Lender shan be applied in the following order of priority: (3.) interest due under th~ Note; (b) principal due under the Note; (c) amount... due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amoums shall be applied first to late charges, second to ;jny .other amouDts due undCT this Security Instrument, and then to reduce the principal balance of the Nme. If Lender receives a payment from Borrower for a de1inqueut Periodic Payment which includes a sufficient amount to pay any late charge due, the paymenl may be applied to the delinquent payment and the lale 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 a.pplied to the full pa.yment of one or more Periodic Payments, such excess may bc applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charge.~ and thcn as described in the Note. Any application of payments. insurance proceeds. or Miscellanc.1)us Proceeds to principal due under Ihe Note shall not extend or postpone the due datc, or change the amount. of the Periodic Payments. 3. Funds foT' Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note" until the Nole is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other item~ which can altain priority over this Security Instrument as a lien or encumbriU1ce on the Propeny: (b) leasehold payments or ground rcots on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance prémiums. if any, or any sums payable: by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance witò the provisions of Section 10. These items are c.alJed ÞEscrow Items." At origination or at any time during the tcnn of the Loan. Lender may require that Community Association Dues, Fees, and Assessments, if any ,be escrowed by Borrower, and such dues. fees and a.~sc:ssments shall be an Escrow [tem. Borrower shaJ1 promptly furnish to Lender an notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay (}1e Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In th,e event of such waiver, Borrower shall pay directly. when and whCTC: payable, the amounts cCP. -G(WYI 10(05) I I) Inili31s: \JÝ Pea. ~ cr 1S Form 3051 1101 '. ~ :¡:1:~:*::::~:;:;~~i flt..hl!~.5:--, :~~:f.::~::::~m~ :1:1;.~.:':6~:.:.:~:,;.~ " ,," ,'}".-li ~"J (:à,AJ 1. II ~ '\. }i <.:::t<.JI ~ ~ .r.,.. ...... (' r.... 0 7 0 '.' d 3 due for any Escrow Items for which payment of Funds has been waived by Lender :md, if Lender requires. shall furnish to Lender receipts evidrncing such payment within such time period :IS Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in tbjs Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender Tn.'\Y exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. LeTlder may revo,l¡:e the waiver as to any or al1 Escrow Iterns at any time by a notice given in accordance with Section 15 and. upon such revocation. Borrower shan pay to Lender all Funds, and in such amounts, that are then required under this Section 3. lender may. at any time, collect and hold Funds in an amount (a) sufficient 10 permit Lender to apply the Funds at the time specified under RESPA. and (b) not to exceed lhe maximum amount a lender can require UCld~r RESP A. Lendcr shall estimate the amount of Funds due on lhe ba.~ig of current data and rl!a.~onable estimatcs of expenditures of future Escrow Item or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are imured by a federal agency. ins.trumentsJity, or entity (inc}uding Lender. if lrnder is an institution whose deposits are so insured) or in :my Federal Home loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP.r\. lender shall not charge Borrower for holding and applying the Funds, annually analyzing the e~crow account. or verifying the Escrow Items, unless Lender pays Borrower intcrest on the Funds and Applicable Law permitS Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to BOITower, withoUl charge. an annUdl accounting of tbe Funds as required by RESPA. If there is a surplu.~ of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary (0 make up the shortage io accordance with RESPA, but in tlO 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 RESPA. and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no morc than 12 monthly payments. Upon payment in full of all sum.~ secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lend(;T. 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, fines, and irnpo5itions attributable to the Property which can attain priority over this Security Instrument. leasehold payments or ground rents OD the Property, if any, and Community Association pucs, Fees, and Assessments, if any. To the extent that the-sc i[ems are Escrow Items, Borrower shall pay them in the manner provided in Seclion 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of thc obligation secured by the lien in a manner acceptable [0 Lender, but only so long as Borrower is performing such agreement; (b) contcsts the lien in good faith by. or defends against enforcement of the lien in. legal proceedings which in lender's opinion operate to prevent the enforcement of the Ijen while those proceedings arc pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject (0 a lien which call altain priority over this Security Instrument. Lender may give Borrower a norice identifying the Inlll,I.: \Ð'I o ·6lWYllooosl ro P~9' 5 0' 1 ~ Form 3051 1'01 t, '- ~ 't'::}~~J~~9tl'1. C00731 lien. Within 10 days of the date on which that notice is given, Borrower shal1 satisfy the lien or take one or more of thE: actions set fortb abovE: in this Section 4. Lender rmy require Borrower to pay a one--time charge for a real estate tax verification and/or reporting service used by Lender in connection withlhis Loan. 5. Property Insurance. BOTTOwer shall keep ~he improvements now existing or hereafter erected on the Property insured against loss by fire, haxards iocluded wilhin the tenn "extended coverage,· and any other h;¡zards including. but not lirrùted 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. Wlm Lender requires pursuant to the preceding !òCßtcnccs can change during the tenn of the Loan. The insurance carrier providing the insurance shaH be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreASol1ably. Lender may require Borrower to pay, in connection with thi~ Loan, eith~: (a) a one-time charge for flood zone determination, certification and tracking serv,ices; or (b) a one-time charge for flood zone detennination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shaH also be re~pon.çible for the paymenl of any fees imposed by the Federal Emergency Management Agency in connection. with the review of any flood zone determination resulting from an objcctionby Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's oplion and Borrower'~ expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shaH cover Lender, but might or might not protect Borrower. Borrower's equity in the Prop(;rty, 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 (If the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtaiDed. Any amounts disbursed by lender under this Section 5 shaH become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dare of disbursement and shall be payable, with such iIJterest. upon notice from Lender to BCI,rrower requesting payment. All insurance policies required by Lender andrC11ewals of such policies shall be subject to Lender's right ro disapprove such policies, sball include a standard mortgage clause, and shall name Lender as mortg:lge:e and/or as an additional loss payee. Lender shaH have the right to hold the policics and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prtmiums and renewal notices. If BorrowCT obtains any form of insurance coverage, not om<:rwisc required by Lender, for damage to, or destnlcrion of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or a.ç an additional loss payee. In the event of loss, Borrower shalJ give prompt notice to the icsuranee carrier and Lender. Lendcr may make proof of loss if not made- promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. any insurance proceeds. whether or not the underlying insurance was required by Lender. shall bc applied to restoration or repair of (he Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repaÜ and restoration period, Lender shaH have rhe right (0 hóld such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisf3Ctio,n, provided that such inspection shaH be undertaken promptly. lender may disburse procecd.<; for the repairs and re9toration in a single payment or in a series of progres~ payments as the work is completed. UnJess an agreement is made in writing or Applicable law requires interest to be paid on such insurance proceeds. Lcndtr shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for puhlic adjusters, or other third parties, retained by Borrower shall not be paid our of the it)surance proceeds and shall be tbe sole obligation of Borrower. If tbe restoration or repair .is not econonùcally fea.~ible or Lender's security would be lessened. the insurance proceros shall be applied to the sums secured by this Security fnstrument, wbether or not the¡¡ due. willl ~-6(WYIIOOOSI -~ '"itl,s": q)/ POSÐ II t¡ IS Form 3051 1/01 ::::::::::::::':~r:';~" ~~":;:':~.:'~~:~~~ ::~::::::::?:::::t::~:: :: :;~;~;:~;:;:;~;:;:;:: ~ ,- <1\:),1 ~)qí"l,¡ 1 í!,.~ ._I.,.'<:::k.i ~'l: L C00732 thE: excess. if any, paid La Borrower. Such insurance proceeds shall be applied in thE: order provided for. in Section 2. If Borrower abandons the Property, Lender may file, negotiate and scttle any available in9urancc claim and related matten. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier ha.~ offered to settle a claim, then Lender m.'y negotiate and settle tbe claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires tþe 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 uneamed premiums paid by Borrower) under all insurance policics covering the Property. insofar as such rights are applicable to the coverage of the Property. Lender may use the insuri"nce proceeds either to repair or restore the Propcrty or [0 pay amounL~ unpaid undcr rbe Note or rbis Security Instrument, whetl1er or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and .~ha11 continue to occ.:upy the Property as Borrower's principal residence for at least one ye3r after the date of occupancy, unless lender otherwise agrees in writing, which consent shaIJ not be unre:;¡sonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of th~ Propert:,..; Inspections. Borrower shall not destroy. damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Propeny, Borrower shall maint<iin the Property in order to prevent lhc Propcny from dcteriorating or dccreasing in value due to its condition. Unlcss it is dctE:nTlined purswmt to Section 5 thaL rtpair or restoration is not economically f(:a..~ib]e. Borrower sball promptly repair the Propeny if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to. or the taking of. tbe Property, Borrower $hall be responsible for repairing or restoring the Property ooly if Lender has released proceeds for such purposcs.l£nder may di~burse proceed~ for the repairs and restoratiou in a single payment or in a series of progress payments as the work is completed. If tbe insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of lhe improvements on lhe Property. lender shan give Borrower notice at the time of or prior to such an imerior inspection specifying such reasonable cause, ¡ 8. BorrowCf's Loan AppliCJltion. Borrower shall be in default if. during the 1...o3n application process, Borrower or any persons or entities acting at tÌle dirtetion of Borrower. or with Borrower's knowledge or consent gave materially falsc, rnislc4ding, or inaccurate infonnation or statements to lender (or failed to provide Lender with material infonTIation) in connection with the Loan. Material r~presentations include. but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender~s Interest in the Propcrt}' and Rights Under this Security Instrument. If (3) Borrower fails to perfonn the covenants and agrecmcnt~ contained in this Security Instrument. (b) there is a legal proceeding that might signifie3J1tly affect lender's interest in th.e Property and/or rights under this Security Instrument (such 3!; a proceeding in bankruptcy. probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority oyer this Security Instrument or to enforce taws or regulations), or (c) Borrower has abandoned the Property, tllet1 Lender may do and pay for whatever is rc~~onable or appropriate to protect Lender's interc~L in the Property and rights under this Security Instrument, including protccting and/or assessing the value of the Property, and securing and/or repairing tJ1e Property. Lender's actions can include, but are not limited to: (3) paying any sums secured by a lien which has priority over this SecuriLY Instrument; (b) appearing in court; and (c) paying reasonable cS ·6/wYJ 100051 It I"illnb:~ PIIg~ 7 Dr 1 6 Form 3061 1/01 .. ",V<-Àj 8~~t'!1. ¡ "...::1 40..'. \._ o-J C00733 attorneys' fees to protect its interest in the Property and/or rights under this Security Tnstrument, including its secured position in i\ bankruptcy proceeding. Securing the Property inetudes, but is not limiled 10. entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerou~ conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower sceurro by this Security Instrument. 111ese 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 lcasehold, Borrower slJall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. ' , 10. Mortgage In.$urance. Jf 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 previou.~ly provided such. insurance HIld Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums req,uired 10 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 se1ected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shal) continue to pay to Lender the amount of the separately designated payments that were due v,,'hen the insurance coverage ceased 10 be in e{fect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such 105$ reserve shaJl be non-refundable, notwithstanding the fact thE.t (he Loan is ultimatc1y pa.id in full. ¡¡nd Lender shall not be required to pay Borrower any interest or earning!: on such loss reserve. Lender can DO 10nger require loss reserve payments if Mortgage In~urance coverage (jn the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes avaiJable, is obtained. and Lender requires separa.tely designated paymems toward the premiums (or Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payment ; toward the premiums for Mortgage Insurance, Borrower shall pay the premium~ required to maintain Mortgage Insurance- in effect. or to provide a non-rerundable loss reserve. until Lender's requirement for Mortgage Insurance ends in accordance with any written agreemem between Borrower and Lender providing for such termination or until tennination is required by Applicable Law. Nothing in (his Section 10 affecl( Borrower's obligation to pay intcrest at the rate provided in the Note. Mortgage Insurance reimburses ,Lender (or any entity 1Mt purchases the Note) f(lr certain losses it may incur if Borrower does not l"Cpay the Loan as agreed. Borrower is not a party to tbe Mortgage Insurance. Mortgage in.~urtn evalw.te their IOta! risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that arc satisfactory to the mortgage insurcr and the otber party (or parties) t(l these agJeements. These agreements may require the mongage insurer to make payments using any gource of funds that the mongage insurer may have available (which may intludt funds obtained from Mortgage Insurance premiums). As a rc.(ult of these agreements, Lender. any purchaser of the Notc, another insurer. any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts dUll derive from (or might be characterized as) a portion of BotTower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk. or reducing losscs. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the prenúums p!Ùd to the insurer. the arrangement is often termed "captive:: reinsurance." Further: (0) Any such agreements will not affect the amounts that Borrower has agretd to pay tor Mortgage Insurancc, or any other teO))s of the LQan. Such agreements \\-ill not increase the amount Borrower wi1l owe fl)r Mortga~e Insurance, and they wiIJ not entitle Borrower to any refund. C ·6IWV OO"~I I I) Inlll"'",~ P~~e 9 of 1 ~ Form 3061 1/01 ::ililli~~;~~;U :;::::~:~~f.<::::::¡::: ;:::;::;:;:~~:;:;:~;:;;: &...0·1\, 89 "i1. \\.1' ...:; .~.... .- C00734 (h) Any such a¡;:reements will not arred the rjght~ Borrower has - if anJ' - with respect to the Mortgage Jnronmce under the Homeowners Prot~ction Act of 1998 or any other law. These rights may include the right to receh'e certain disclosures, to request and ohtain canceUation of the Mortgage Insurance, to have the J\.Jortgage Insurance terminated automatically, and/or to receiven refund of any Mortgage Insurance premiums that wert unearned at the time of such cancell~tion or termination. " 11. A$¡$;ignment of Misccllaneolls Proceeds. Forfeiture. All Miscellaneous Proceeds arc hcn:by assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Procœds shall be applied 10 restoration or repair of the Property, if !.he restoration or repair is economically feasible and Lender's se{;urity is not lessened. During sue" repair and restoration period, Lender shaJl have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work bas been completed to lerJder's satisfac,tion, provided thar such inspection shall be undertaken promptly. Lender may pay for the repairs and resloration in a 5ingle disbursement or in a series of progress payments as Ihe work is completed. Unless an agreement is made in writing or Applicable Law requireg interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscelhmeous Proceed". If the restoration or repair is not €conomicaUy feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by Ihis Security Instrument. whether or not then due, with the cxcess. if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in valuc of the Property. !.he Miscellaneous Proceeds, shaH be applied to the sums secured by this Security Instrument, whrMer or not then due, with the excess, if any, paid 10 B01Tower. In the event of a partial taking. destruction. or loss in value of the Property in which the fair market value of the Property immedjately before the partial taking, destruction, or loss in value is equal to or greater than the amount of Ihe sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value.'. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security In!;trument shall be reduced by the amount of the MiscelJaneous Proceeds multipli«l by the following fraction: (a) thf: total amount of the sums sccuredimmediateJy before the partial taking. destruction, or loss in value divided by (b) Ihe fair market value of the Propcrty immediately before !.he partial t4king. destruction. or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or !o~s in vaJue of the Property in which the fair markct value of the Prop~y immediately before th£: partial taking, destruction, or loss in value is less than the amount of !.he sums secured immediately before the partial t~king. destruction, or loss in, value, unless Borrower and I.£nder otherwise agree in writing. the Miscellaneous Procced~ shall be applied to the sums seçurcd by t.hi!\ Security lo.strUment whether or not the sums are then due. If the PropC:TlY i~ ahandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defim:d in the next sentence) offers to make an award to $ettle a claim for damages. Borrower fails 10 respond to Lender wi!.hin 30 days after the date the notice is gjven. Lender is authO(Ízed 10 collect and apply !.he MisccHaneous Proceeds either to rtstoratjon or repair of the Property or [0 the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the !.hird pa,rty !.hat owes Borrower Miscellaneous Proceeds or the party agaiJJst whom Borrower has a right of action in regard to Miscellaneous Proceeds., Borrower shall be in default if any action or proceeding, whether civil or criminal. is begun !.hat, in Le:nd';r's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in !.he Property or rights under this Security Instrument. Borrower can Cure such a default and, if acceleration has occurred, reinstale a.<¡ provided in Section 19. by c3u.~iog the action or proceeding to be dismis9c:d with a roling that, in Lender's judgment, prccludc,~ forfeiture of the Property ()r other material impainnem of Lender's interest in the Property or rights under this Security Instrument. TIlc proceeds of any award or claim for damages that are 3ttributable to the impairment of Lender's intcre!:t in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of !.he Property !:hall be applied in the order provided for in Section 2. G -6/WYI/OOO6 ~ Inllla/s' ~ r.p~ 9,o( 15 Farm 3051 1/01 ~'O/\1. .,üj. t:).::J" - li .~ ':J .. ;. C007:j5 12. ,Borrower Not Released; Forb~rance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Succcssor in Interest of Borrower shall not operate to releasc the liability of Borrower or any Successors in Interest of Borrower. Lender shaH not be røquired to commence proceedings against any Successor in Interest of Borrower or to refuse to e,;,tend lime for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitstion, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due. shaH not be a wIDver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co--signeT'Sj Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severaL However, any Borrower who co-signs this Security Instrument but docs not execute the Note (a "co-signer"): (a) is co-signing thi~ Security Instrument only to mortgage, grant and convey the eo-signer's interest in the Property under the terms o( this Security Instrument; (b) is not pcrsonally obliga.ted to pay the sums secured by this Securily In.(trument; and (e) agrees that Lender and any other Borrower can agrC'C to extend, modify, forbear or: rnake any accommodations witl} regard to the terms of this Securi,t)' Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall nol be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (e¡o;cept as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charg~. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rig;ht.t; under this Security Jn$trument, including, but not limited 10, attorneys' fees, property inspection and valuation fees. In regard to any other fecs, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees tbat are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coUected in connection with tbe Loan exceed the pem1Ítted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (h) any sums already collected from Borrower which exceeded pennittcd limits will be refundtd to Borrower. Lender may choose to make this refund by reducing the principal owed under thE: Note or by making a dirtct 'Payment to Borrower. If a refund reduces principal. the reduction will. be treated as a partial prepayment without any prepayment chMgc (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of .'Iction Borrower might have arising out of such overcharee. 15. Notices~ All notices given by Borrower or Lender in connection with this Security Instrurn~t must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to IJave been given to Borrower when mailed by first class mail or when actuaJly delivered to Borrower's notice address if sent by other mean5. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Propeny Address unless Borrower has designatcd a substitute notice address by notice to L~nder. Borrower shall promptly notify Lender of Borrower's change of addre..~s. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only repon a change of address through that specified procedure. 111ere may be only one designated notice addre$s under this Security Jnstrumem at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have bct:l1 given to Lender until actually received by Lender. If any notice required by thi.s Security Instrument is also required under Applicable Law, the Applicable Law requirement will ~atisfy tJ1e corresponding requirement under this Security Instrument. ~.6(WYl 10005) <Ð '''''¡~~: 9-1 Pogo 1 0 0' ,!; Form 3061 1101 ~j:~i:;ft!~¡:::,:·;·~ ~~~Û*·:::!:~~· ¡~~,: :~~Qij:1B ¡::~;:;:;~~:;:~i;¡~~: r(')n,'7rS .' ~)..,' ;j '\'là1 pO /'~1. ~.Þ ,7 .,.> -:k1'~_ 16. Governing Law; SeverobiJjty; Rules or Construction. This Security Instrument shan be governed by federal law and the law of the junsdittion in which the Property is located. All righrs and obligations contained in this Security Insrrument ar~ subject to any requirements and limitations of Applicablc Law. Applicable Law might explicitly or implicitly allow tbe parties to agrec by contract or it might bc silent, but such silence shall not be construed u a prohibition against agreement by contract. In the event thar any provision or clause of this Security Instrument or the: Note conflicts with Applicable Law, such conflict $haJJ not affecr other provisions of tbis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words (If the masculine gender shall mean and include corresponding neuter words or words of £he feminine gender: (b) words in the singular shall mean and include the plural and vice versa; and (c) the word ftmay" gives soJc discretion withour any obligation LO take any action. t 7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Tr;msrer of the Property or Ð Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Propcrty· means any legaJ or beneficial interest in the Property, including. but not limited to, those beneficial interests transferred in a bond for deed, contT3ct for deed. instaJlment sales contract or escrow agrtement. tbe intent of which is the transfer of title by Borrower at a future dare to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Securiry [nsnument. However, £his option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acccleration. The noticc shaH provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If BOrTower fajls to pay these sums prior to the expiratiòn of this period, Ltmder may invoke any remedies permitted by lhi~ Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If BOl'Tower meets certain conditions. Borrower shaJl have the right to have enforcement of this Security Instrument discontinued ar any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale conrained in this Security Instrument; (b) such oilier period as Applicable law might specify for the tcrmination of Borrower's right to reinstatc; or (c) emry of a judgment cn'forcing this Security lnstrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and !.he Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenscs incurred in enforcing this Security Instrwnent, including, but not limited to, reasonable attorneys' fees, propeny inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's imercst in the Propcny and .rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's imerest it) tbe Property and rights under this Security Instrument. and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may requiTe thar Borrower pay such reinstatement sums and expenses in one or more of tbe following forms, as selected by Lender: (a) cash; (b) money order; (c) certified cbeck. bank check, treasurer's check or cashi.er's check, provided any such check is drawn upon :II) instirution whose deposits are insured by a federal agency, instrumentality or entiry; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower. this Security Instrument and obligations secured hereby shall remain fuJly effective as if no acceleration had occurred. However, this right to reinsra(c shaJJ not apply in the case of accclt:ration under Section 18. 20. Sale of Note; Change or Loan Servicer; Notice of Grie\·ance. TIle Note or a partial interest in the Note (together with this Security InstrumE:nt) can be sold one or more times without prior notice to Borrower. A sale might result in a chal)ge in the entity (known as tlJe "Loan Servicer") that collects Pe~iodic Payments due under the Note and this Security Tnstrument and performs other mortgage loan servicing obligations under the Note, this Securirj' lnstrumem, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelared to a sale of the Note, If iliere is a change of the Loan Servicer, Borrower will be given written notice, of the change which will state the nsme and address of the new Loan Serviccr, the address to which payments should be made and any other information RESPA cD .G/WYJ (0005) œ Inlll"::~ PPOB 11 ~f 1 5 Form 3051 1/01 " Ü~il.S94:1. (' I) n 7 tj 7 '.' \ ...'.-' requires in connœtion with a notice of transfer of servicing. If the NOle is sold iU1d thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note. the mortgage loan servicing obligations to Borrower will remain with the Loan Serviccr or be transferred to a successor Loan Se¡vicer snd are not assumed by the Note purchaser unle!lS otòerwise provided by the Norc purchaser. Neither Borrower 'OOr Lender may commence. join. or be joined to alJ.Y judicial acti('ll) (as either an individual litigant or the member of a class) thai arises from the ocher party's actions pursuant to this Security In.'rn.lment or that alJeges thar the ocher party has breached any provision of, or an}' duty owed by reason of, lhig Security In,mument, unril such Borrower or Lender has notifi,ed the other party (with such ""lice given in compliance with the requircmcnt.~ of Section ) 5) of such alleged breach and afforded the olher party hereto a reasonAble period after the giving of sud) notice 10 take correcrive action. If Applicable L:'lw provides a time period which must elapse before certain acrion can be taken, that time period wi1l be deemed ro be reasonable for purposes of this paragrapb. The notice of accckration and opportunity ro cure given ro Borrower pursuant [0 Section 22 and the notice of accelerarion given (0 Ðorrower pursuant to Section 18 shall be deemed to saris!y the notice and opportuniry to bk.e corrective action provisions of this Secrion 20. 21. H82srdous Substances. As used in this Section 21: (a) I H~ardous Substances" are those substances defined as toxic or h:u;ardous substances. pollutants. or was res by Environment.1l Law and the following substances: gasoline, kerost11~, other flammable or toxic petroleum products, toxic pesticide$ and herbicides, volatile s01vents. materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental UW" means federal laws and laws of the jurisdiction where the Property is located th.at relate to health. safety or environmental protection; (c) "Environm~tal Cleanup~ includes any response action, rtm'ledial acrion, or removal action, as defined in Environmenral Law: and (d) an "Envir01'lmentaJ Condition" means a condition that can cause. contribute to. or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permir the pre~ence, us£'. disposal, storage, or release of any Hazardous Substances. or threaten to release any Hazardous Subsranccs. on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting tbe Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition. or (l) which. due to the pre!lCT1ce. use, or release of a, Haxardous Substance. crcates a condition that adversely affects the value or the Property. The preccdi,ng two sentences shall not apply to the presence, use, or storage on tl)e Property of small quantities of Hazardous SubslatJc,es chat are generally recognized to be appropriate to nonna! residential uscs and to maintenance of the Property (including. but nor limilcd 10, hazardous substances in consumer products). Borrower shan promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatoD' ageney or priva[c party involving the Property and any Haz.,rdous Substance or Environmental Law of which Borrowtr has aCllIal knowledge, (b) any Environmental Condition, including but not limited to, any spilling. leaking, discharge, release or threat of rdease of any Hazardous Substance. and (c) any condition caused by the presence, use or release of a Hazardous Substance which adverscly affects the value of the Property. If Borrower learns, or is norified by any governmental or regulatory authority. or any privarc party, thar any removal or other remediarion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environrnenral Law. Nothing berein shall creal£: any obligation on Lender for an Environmental Cleanup. o ·6IWYI,0005J CJD Plfl8 1 2 at 1!: '" U'I!;~ Form 3051 1'01 ¡:ì:i~:::~::~::¡;:m ~~~~~:<!: i~:foì~: ~j~;!~(;~r;:;:!m;:;: ;~¡j:¡~m~nf~!!f~~~~ ¡Oil)" 8~' ¿1'1. \I. .,.... _,., coo 7 :j 8 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender sha1l gh'e nolice to Bon-ower prior to Rccdcration Coll()win~ Borrower'¡¡ breach or any CO\'enant or agreement in thi~ Security In..~trumcnt (but not prior to acceleration under Stdion 18 unl~s Applicable Law provide.~ otherwise). The notice 5hall specify: (a) the default; (b) the action required to cure the default; (c) a date, not Ie.o¡s than 30 days from tbe date the notice is given to Borrower, by which the default must be eured; and (d) that failure to cure the default on or befQre the date specified in the notice ma}' result in acccleration of the sums secured by tbis Security Instrument and ,gale of the Property. The oolite shall further i"fonn Borrower or the right to reinstate after accelerotion and t.he right to bring a court adion to assert the non-existence or a default or any other defense or Bon-ower to 8CceJcrotion a,od sale. If the default is not cured on or belore the date specified in tbe notice, Lender at its optioJ) may require immediate payment in full of all sums secured b}' this Security Instrument without further demand and may invoke the ¡>()wer of sale and any other remedies permitted by Applicable Law. Lender slulll be entitled to collect all expenses incurred in pursuing the remedies provided iT) this Section 22, including, but not 1imited to, rca!.onable attorneys' fees al)d cosl~of title evidence. If Lender invokes the power of $;ale, Lender shall give notice oC Intent to forecJose to Borrower and to the person in ~ession of the Property, jf dirferent, in accordance \4ith Applicable Law. Lendcrshall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, snd the PropertyshaiJ be sold in the manner prescribed by Applicable J..aw. Lender or its desili:nee may purchase the Property at any sale. The proceeds of the sale shnl] be applied in the foJlo\4ing order: (0) to a)) cxpen.c;es of the sale, indudin~1 but not limited to, reasonable attorneys' fees¡ (b) to all sums secured by this Security mstrument¡ and (c) any e;<ccss to the persoo or pen;ons legally entitled to it. 23. Release. Upon payment of 4111 sums secured by this Security Instrument, Lender shall release this Securiry Instrument. Borrower shall pay aJJY recordation co!:ts. Lender may charge Borrower a fee for releasing this Security Instrument, bur only if the fœ is pajd to a third party for services rendered and the charging of the fee L.. pennittcd under Applicable Law. . 24. Woivers. Borrower releases 3nd waives all rights under and by virtue of the homestead exemption laws of Wyoming. G -6(WYI 100061 ~ Pn9~ 13 of 15 Injll,ls! W Form 3051 1/01 .. 11]:i1JS3{lo:1. r (' 0 7 t) 9 .. ,J II,) BY SIGNING BELOW, Borrower accepts :md agrees to the lenns and covenants contained in this Security Instrument and in :my Rider executed by Borrower and recorded with it. Wimesses: +~ DINAH JP VILLANEUVA (Seal) -Borrower (Seal) ·Borro\\icr (Seal) -Borrolller (Seal) ·Borrowtr (Seal) ·90rTOllo·(:r (Seal) ·Borrolvcr (Seal) -BorrCl\lo'cr (Sea!) ·Bl\TTOWCT 0-6(WVII00051 'ðI Png~ ,4 of'~ Fwm 3051 1/01 !Æ ,t f..,i :::-~i::~:~~:::~i~1 ':~~!~ill:i On"1 ~ü h -'I .., J....,.:.._'ð"-...l1l1otL ST A TE OF WYOMING, LINCOLN ,:-:~mi~!~~m~If!: (¡ ::ii¡W~~I!f!!;f¡¡il~~~ 00740 County 55: The foregoing instrument was acknowledged before me: tHis by DINAH JP VILLANEUVA I ;;WfæD:"OTAA;~~ j ~J!iJ~:~.~~!:'?if!-:.1/J2""C 7 My Comrrussioo EXPires/ 0 -J. ---07 cD -SG(WV ;00051 ~ NorJry Pub1ic r.~. 1 5 ~, 1 5 go dPg ~ ~;?t;oø ~ It\it:i:J'~; Form 3051 1'01 O:~ll.8~14·1 t:) 7 ,.·,,0 41 TAX-EXEMPT FINANCING RIDER IFHA C". No THIS T AX·EXEMPT FINANCING RIPER is made, this3 OTK day of MAY 2006 . and is incorporated ioro and shall be deemed to amend and supplement the Mongage. D~d of Trust or Security Deed ("Securily Instrument") of the same dace given by the undersigned ("Borrower") to secure Borrower's Note CNotc") to WELLS FARGO BANK, N .A. ("Lender") of the same datc and covering tbe ProperlY described in the Security Jm;trumcnt and loca.ted at: 509 PEARL STREET, KEMMERER, WY 83101 [Property Address] ADDITIONAL COVENANTS. In addition to the covenants 3lld agreements made in the Security Instrument. Borrower and Lender further covefU\J1t and agree to amend Paragraph 9 of the Security Instrument. entitled "Grounds for Acceleration of Debt." by adding additional grounds for acceleration as follows: Lender, or such of its succes~ors or assigns as may by separate instrument a.~!iume responsibility for assuring compliance by the Borrower with (be provisions of this Tax.-Exempt Financing Rider, may require immediate payment in full of all sum.~ sC'Cured by this Security lnstrommt if: (a) All or part of the Property is sold or otherwise transferred by Borrower to a purchaser or other transferœ: (i) Who cannot reasonably be exp("Ctcd to occupy the Property as a principal residence within a reasonable time afler the sale or transfer, all as provided in Section 143(c) and (i)(2) of the Internal Revenue Code; or (ii) Who has had a present ownership interest in a principal residence during any part of the three-year period ending on the date of the salt or transfer, a1l as provided in Section 143(d) and (i)(2) of the Internal Revenue Code (except that "100 percent" shall be subgtiruted for "95 percent or more· where the latter appears in Section 143(d)(l»; or rnA Multi,tBt~ Tax-Enmpt F'LI1l1ntin~ Rider· 10/95 0065731549 C·587U !970S1 ~ / Page~1 of 2 InjtI3Is:~ VMP MORTGAGE FORMS· (8001521·7291 //1111111/11/1111111111111/11111111 ~!:'::::1:<:,.j~ ~'\,'" " ,,', ",' " ,', ':.,4",,:.,+;"i,';' ~¡¡llim~~lIf) I~~;~~~~!~¡~!~iI <\üAli 89C~_1. " .. .-;::, .~~. ~- C00742 (iii) At an acquisition cost which is greater than 90 percent of the average area purcha.~e pricc (greater than 110 percent for targeted area r~idenee...;). all 3.4; provided in Scction 143(e) and (i)(2) of the ImemaJ Revenue Code:; or (iv) Who has a gross family income in exèeS9 of the appliCAble median fanùly income as provided in Section 143(f) and (i)(2) of the Internal Revenue Code; or (b) Borrower fails to occupy the Propeny described in the Security Instrument withom prior wrjtten consent of Lender or its successors or a.q"o¡igns described at the beginning of this Tax - Exempt Pinancing R ¡der, or (c) Borrower omits or misrepresents a fact that is material with respect to the provisions of Section 143 of the: Internal Rcvtnue Code in an applic4tion for the loan secured by this Security Instrument. R~erences are to the Internal Revenue Code as amended and in effect on the date of issuance of bonds, the: procccd!: of which will be used to finance the purchase of the Security Instrument and are deemed to include the implementing regulations. BY SIGNING BELOW. Borrower accepts and agrees to the lenns and covenants contain~ in this Tax-Exempt Financing Rider. (Seal) -,Borrower ~~~ DINAR P VILLANE'UVA (Scal) ·Borrower (Seal) -Borrower ( Seal) ·Bnrmwc:r 0-687U (9705) ~ Page 7. of 2 ~ (Sea!) ·Borrower (Seal) ·Borrower (Seal) ·,Bnrrowc:r (Seal) -BoTTnwc:r /