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HomeMy WebLinkAbout920989 :! i ~~!~ ~~¡;~~ii~~~ ¡ ~ ~ ~ ~:.: ~ ]¡~11r~!. ',:::~:~:~:~:~:~¡f~:~:: :~; <:i¡:¡¡::;i!¡¡¡:::iU: , . :,.i,:;::::!¡!¡¡ji¡::i¡,'! 000179 53 Return To: HOMECOMINGS FINANCIAL NE1WORK. INC ONE MERIDIAN CROSSING, STE 100 MINNEAPOLIS. MN 55423 Loan Number: 047-009142-2 Prepared By: HomeComings Financial Network 14850 Quorum Drive, Suite 500 Dallas, TX 75254 [Space Above This Line For Recording Data] ~. MORTGAGE MIN 100062604700914221 DEFINITIONS RECEIVED 8/4/2006 at 4:47 PM RECEIVING # 920989 BOOK: 629 PAGE: 179 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY J " ) Words used in multiple sections of this docwllent are defIned below and other words are defIned in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this docwllent are also provided in Section 16. (A) "Security Instrument" means tlùs document, which is dated AUGUST 4TH, 2006 together with all Riders to this document. (B) "Borrower" is JOHN ROBERTS AND LORI ROBERTS, HUSBAND AND WIFE Borrower is the mortgagor under tlùs Security Instrument. (C) "MERS" is Mortgage ElectrOlùc Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nOllÙnee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing wlder the laws of Delaware, and has an address and telephone nunlber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS MFWY7770 (0412006) 1 047-009142-2 . -6A(WY) (0005).02 3R @ Page 1 of 15 Initials: Form3051 1/01 {~L 11111111111111111111111111111111111 VMP Mortgage Solutions, Inc. i~j¡~ ~!;!;~;~;;~i¡~~:; j 0920989 (D) "Lender" is "r'.180 HOMECOMINGS FINANCIAL NETWORK INC. Lender is a CORPORATION organized and existing under the laws of DELAWARE Lender's address is 14850 QUORUM DRIVE, SUITE 500 DALLAS, TX 75254 (E) "Note" means the promissory note signed by Borrower and dated AUGUST 4 TH, 2006 The Note states that Borrower owes Lender ONE HUNDRED TWELVE THOUSAND AND NO/100 Dollars (V. S. $ 112 , 000 . 00 ) plus interest. Borrower has pronùsed to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 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 SW11S due under this Security Instrument, plus interest. (H) "Riders" meal1S all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider D VA Rider D Condonùlùun1 Rider D Second Home Rider D Planned Vnit Development Rider D 1-4 Fanùly Rider D Biweekly Payment Rider D Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulatiOl1S, ordinances and adnùnistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial OpiniOl1S. (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 condonù¡ùum association, homeowners association or sinùlar orgaIùzation. (K) "Electronic Funds Transfer" means any transfer of funds, other than a traI1Saction originated by check, draft, or sinùlar paper ins trun1ent , which is iIùtiated through aI1 electrOlùc temùnal, telephonic iI1S, trument computer, or magnetic tape so as to order, instruct, or authorize a financial Î11Stitution to debit or credit aI1 account. Such tem1 includes, but is not limited to, point-of-sale traI1Sfers, automated teller machine transactions, traI1Sfers iIùtiated by telephone, wire traI1sfers, and automated clearinghouse traI1Sfers. (L) "Escrow Items" means those iten1S that are described in Section 3. (M) "Miscellaneous Proceeds" meaI1S any compensation, settlement, award of dan1ages, or proceeds paid by any third party (other thaI1 insurance proceeds paid w1der the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or aI1Y part of the Property; (iii) conveyance in lieu of condemnation; or (iv) nùsrepresentations of, or onùssions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" meaI1S Î11SuraI1Ce protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" meaI1S the regularly scheduled amount due for (i) principal aI1d interest w1der the Note, plus (ii) any aIllOuntS under Section 3 of this Security Instrument. (P) "RESPA" meaI1S the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) aI1d its implementing regulation, Regulation X (24 C.F.R, Part 3500), as they might be an1ended from time to time, or any additiOl1a1 or successor legislation or regulation that governs the same subject n1atter. As used in this Security Instrument, "RESP A" refers to all requirements aI1d restrictions that are iIllposed in regard to a "federally related mortgage IOaI1" even if the Loan does not qualify as a "federally related mortgage IOaI1" under RESP A. MFWY7770 (04/2006) / 047-009142-2 _ -6A{WY) (0005),02 @ ~ Page 2 of 1 5 InitialJJl/L Form 3051 1/01 :;:;:;:;:;:;:::;:;:; .,..'..........,','. ":.:.:-:.:,:.:.>:1' ".....'.','.'....,. '.',','.',',',','" '........,.......; <:f~:~:~:f> : : :¡:~:i :~:¡;;:~;i:~i::!:" :::: i:::: ;:::::::; ::; :":: ~ " .;·ii·¡iiliili¡i¡i;'·[!i;· '·':IH¡¡iiiiiU':, '........... ' 0920989 r!""0181 \,/ U ¡ (Q) "Successor in Interest of Borrower" means any 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 of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfoffi1aI1ce of Borrower's covenants and agreements under this Security Instrunlent 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 following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Legal description attached hereto and made a part hereof ParcellD Number: 21162310913800 1331 SORENSEN DRIVE KEMMERER ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83101 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtel1aI1CeS, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrunlent. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds OlÙy legal title to the interests granted by Borrower in tlus Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not linuted 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 encunlbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encunlbrances of record. THIS SECURITY INSTRUMENT combines unifoffil covenants for national use and non-wufonn COVel1aI1ts with limited variations by jurisdiction to constitute a unifoffil security instrwllent covering real property. MFWY7770 (0412006) / 047-009142-2 G1-6A(WY) (0005).02 @ Page 3 of 15 ffi~~mi~;~i~ti~~~"j InitialJÐ J L ~ Form 3051 1/01 0920989 ·;!~I~ 'ij,illf!;; " ",:<.:«.:.;.:,:«.; :~~lIJii ·;iIIII11 , : ::::::;;;¡ ;:;:;: ~: ~: i:; : ;: : 000182 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escr;ow Items pursuant to Section 3. Payments due under the Note and this Security InstrUlllent shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment wlder the Note or this Security InstrUlllent is returned to Lender unpaid, Lender may require that any or all subsequent payments due wlder the Note and this Security b.lStrUlllent be made in one or more of the following fonns, 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 Ï1lStitution whose deposits are insured by a federal agency, instrUlllentality, or entity; or (d) ElectrOlúC 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 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment Ï1lSufficient 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 tinle such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to brÏ1lg 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. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claÏ1n which Borrower IlÚght have now or in the future against Lender shall relieve Borrower from makÏ1lg payments due under the Note and this Security InstrUlllent or perfomllng the covenants and agreements secured by this Security Instrunlent. 2. Application of Payments or Proceeds, Except as otherwise described in tIús 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) amowlts due wlder Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other anlowlts due wlder this Security Instrunlent, 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 alnOwlt to pay allY late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstalldÏ1lg, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment Call be paid in full. To tIle 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. Volwltary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, inSUrallCe proceeds, or Miscellalleous Proceeds to principal due under the Note shall not extend or postpone the due date, or Challge the alllOunt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due wlder the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of alllOunts due for: (a) taxes and assessments and other items which Call attain priority over this Security Instrunlent as a lien or encwnbrallCe on the Property; (b) leasehold payments or growld rents on the Property, if allY; (c) premiwns for any alld all Ï1lSurallCe required by Lender wlder Section 5; alld (d) Mortgage I1lSUrallCe prenúUIllS, if allY, or allY SUIllS payable by Borrower to Lender in lieu of the payment of Mortgage InSUrallCe preIlÚunls in accordance with the provisions of Section 10. These items are called "Escrow ItenlS." At origination or at any tÏ1ne during the tenn of the LOall, Lender may require that Commwúty 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 anlOunts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow ItenlS unless 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 FWlds for any or all Escrow Items at allY time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the al1l0WltS InitialS~ Je- rJ. I Form 3051 1/01 MFWY7770 (0412006) / 047-009142-2 C -6A/WY} (0005).02 ® Page 4 of 1 5 ,:,:::1l1¡i!U:(' . ::;~~!~i;¡J~¡~~i~( :~:: 09:r-::09S9 (":''"'\0'' 83 '.,' u .'-. due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender 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 this 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 may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any tinle by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall 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 amowlt (a) sufficient to pem1Ìt Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximwll amount a lender can require under RESP A. Lender shall estimate the anlount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrunlentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the FWlds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pem1Ìts 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 ean1Ìngs 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 almual accowlting of the FWlds as required by RESPA. If there is a surplus of Funds held in escrow, as defined wlder RESPA, Lender shall accowlt to Borrower for the excess funds in accordance with RESP A. If there is a shortage of FWlds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, alld 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 FWlds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the anlowlt necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all swns secured by this Security Instrument, Lender shall promptly refund to Borrower any FWlds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, alld impositions attributable to the Property which can attain priority over this Security Instrwllent, leasehold payments or ground rents on the Property, if allY, and Community Association Dues, Fees, and Assessments, if allY. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge allY lien which has priority over this Security Instrument wùess Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but omy so long as Borrower is perfom1Ì11g such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but omy until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrwnent. If Lender detem1Ìnes that any part of the Property is subject to a lien which can attain priority over this Security Instrwllent, Lender may give Borrower a notice identifying the MFWY7770 (0412006) / 047-009142-2 . -6A(WY) (0005).02 @ Page 5 of 1 5 '"'''·''#~o'm3051 1/01 Æ:~J;t~:!:m:f:!¡!;;:J ,.:~i¡~i¡r¡\\r¡\:!¡j::' '>:~::::::::::::::::.:,: ';i¡I!~~ . ..... ......... ···.11111« .... ~¡I¡~ji :·:,:·i¡:¡!¡¡~¡:¡:¡:i:¡:,::: 0920989 000184 lien. Within 10 days of the date on which that notice is given, Borrower shaH 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. I 5, Property Insurance. Borrower shaH keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included witlùn the tenn "extended coverage," and any other hazards including, but not liuùted to, earthquakes and floods, for wlùch Lender requires insurance. This insurance shaH 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 ternlof 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 shaH not be exercised umeasonably. Lender may require Borrower to pay, in cOIDlection with this Loan, either: (a) a one-time charge for flood zone deternùnation, certification and tracking services; or (b) a one-tinle charge for flood zone deteTIlÙnation and certification services and subsequent charges each time remappings or sinùlar changes occur which reasonably nùght affect such determination or certification. Borrower shaH 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 detemùnation resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or uùght not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and nùght provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained nùght significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shaH be payable, with such interest, upon notice from Lender to Borrower requesting payment. AH insurance policies required by Lender and renewals of such policies shall 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 shaH have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prenùUlllS 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 the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall 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 shaH 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 shaH 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. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shaH not be required to pay Borrower any interest or eanùngs on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econonùcally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the SUlllS secured by this Security Instrument, whether or not then due, with Initials: 3R J £- ~ Form 3051 1/01 MFWY7770 (04/2006) / 047-009142-2 . -6A(WY) (0005),02 ® Page 6 of 1 5 '¡;;¡i;:}i¡¡¡¡f¡¡~¡¡!¡¡¡:¡\/· .' .,',',.,'. ~.',','. . , ):¡¡¡i!¡¡¡i;~!.¡·: ':::::~:::::::::::;:::': . 03209E~:9 (00185 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from LendeI; that the insurance carrier has offered to settle a clainl, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property wlder Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an anlount 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 wlearned premiums paid by Borrower) wlder all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amowlts unpaid under the Note or this Security Instrument, whether or not then due. 6, Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, wùess Lender otherwise agrees in writing, which consent shall not be w1Teasonably withheld, or wùess extenuating circwnstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, danJage or impair me Property, allow the Property to deteriorate or commit waste on the 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. Ulùess it is deternrined pursuant to Section 5 mat repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or danJage. 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 OlÙY 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 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 the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or iIJaccurate iI1ÍÒrnJation or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations 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 Property and Rights Under this Security Instrument. If (a) Borrower fails to perfoffil the covenants and agreements contained in this Security Instrunlent, (b) mere is a legal proceeding that nùght siglùficantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender nJaY do and pay for whatever is reasOlJable or appropriate to protect Lender's interest in the Property and rights under this Security Instrunlent, iIlCluding protecting and/or assessing me value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not linùted to: (a) paying any swns secured by a lien wlùch has priority over this Security Instrunlent; (b) appearing in court; and (c) paying reasonable MFWY7770 (0412006) / 047-009142-2 . -6A(WYI (0005),02 ® Page 7 of 1 5 Initials~L. Form 3051 1/01 G¡mTiliW;~J iill¡ ¡i!111 03Z09S9 ;' ,'"I 0, .,' 8 6 ',' \.l !_l attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed on or off. Although Lender may take action under this Section 9, Lender does not have to do so ind 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 anlounts disbursed by Lender under tills Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If tllÌs Security Instrunlent 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 wùess Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of makùlg the Loan, Borrower shall pay the premiunlS 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 iIlSurance and Borrower was required to make separately designated payments toward the premiunls for Mortgage Insurance, Borrower shall pay the premiwllS required to obtain coverage substantially equivalent to the Mortgage Insurance previously Ùl 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 anlowlt of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, 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 premiunlS for Mortgage Insurance. If Lender required Mortgage hlsurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiwllS for Mortgage Insurance, Borrower shall pay the premiunlS required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, wltil Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tem1Ù1ation or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's 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 Ùl force from tiIne to time, and may enter iIltO agreements with other parties that share or modify their risk, or reduce losses. These agreements are on temlS 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 obtaùled from Mortgage Insurance prelmunlS). As a result of these agreements, Lender, any purchaser of tlle Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amowlts that derive from (or might be characterized as) a portion of 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 prenriwns 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 for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. MFWY7770 (0412006) / 047-009142-2 Initlals:3~·f)~ . -6A(WY) (0005).02 Page 8 of 15 0- Form 3051 1/01 ® in Ü ".p, CiJ Ill; ',l;> (.l¡ VJ~:t.\J VI_tv ·'·:'::::,:\:1j¡!¡¡!¡~'::.. ·:::',':¡'¡f:ijj¡¡¡¡¡¡¡:,,:·;' . ··...·f!rI1!1 ·:.'::!:¡:¡j¡i¡[:¡:::::!;".; .,'.',.,.....,'.' :;:::;:::::::::::::;. :;;::; ;:;:::::: ; ~; . ··~!¡llli n 0. "l~ 8 7 \. . (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination, 11, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall 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 Miscellaneous 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 wldertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amoWlt of the SWllS secured by this Security hlStrWllent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the SWill secured by this Security InstrU111ent shall be reduced by the anlowlt of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total anloWlt of the SWllS secured inmlediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inll11ediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amowlt of the SWlIS secured inll11ediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the SWllS secured by this Security InstrU111ent whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defmed in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the SUlllS secured by this Security InstrUlllent, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party agaÌ1lSt whom Borrower has a right of action Ì11 regard to Miscellaneous Proceeds. Borrower shall be Ì11 default if any action or proceeding, whether civil or crinùnal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impainllent of Lender's interest in the Property or rights Wlder this Security InstrWllent. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be disnùssed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights Wlder this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Ì111painllent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. MFWY7770 (0412006) / 047-009142-2 . -6A(WY) (0005),02 @ Page 9 Df 15 ~ Form 3051 1/01 ~il~~~~~1n '::'ri~I¡~¡¡¡¡!.:·\: -: :::;::::::::=;:;::;: '-.:::::;;::;::":::;::::::0', ..·.:,:ii¡J!:!i¡:¡¡¡:¡¡i:::., .·:,';i;i!t;j;¡ti:j:~;_:. "-....".".., :::~: ~)¡;;i;J~~~~~~: i:' : <::::::¡:~¡:::::;::::: (i':'¿1¡¡¡tjjij¡., . ····¡¡;:iiilt,! O· G ,)) ~J~ q;.;;:;¡-C, Jø",,\I. ..J'~'.,J rnO'~88 ',' ',) '.l 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwis~ modify anlOrtization 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 limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amomlt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; 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 Instrmnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenllS of this Security Instrument; (b) is not personally obligated to pay the SunlS secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the ten1lS of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assmlles 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 not be released from Borrower's obligations and liability mlder this Security Instrument mlless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services perfonned in com1ection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights m1der this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. h1 regard to any other fees, the absence of express authority in this Security Instrunlent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets n11lxinlunlloan charges, and that law is fil11llly interpreted so that the interest or other loan charges collected or to be collected in cOlmection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the anlomlt necessary to reduce the charge to the pem1Ìtted limit; and (b) any SunlS already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender n11lY choose to make this refund by reducing the principal owed m1der the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for m1der the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will cOllStitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices, All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in cOlmection with this Security Instrunlent shall be deemed to have been given to Borrower when n11liled by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers mlless Applicable Law expressly requires otherwise. The notice address shall be the Property Address mlless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There n11lY be Ollly one designated notice address under tl1Ìs Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by n11liling it by ÍÌrst class n11lil to Lender's address stated herein mlless Lender has designated another address by notice to Borrower. Any notice in com1ection with this Security Instrunlent shall not be deemed to have been given to Lender m1til actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement m1der tl1Ís Security Instrunlent. MFWY7770 (0412006) / 047-009142-2 . -6A(WY) (0005),02 ® Page 10 of 1 5 InitialsJii Jt- if Form 3051 1/01 0920989 (.... ,1""1 Q. 'l: 8 9 '.~ '.) '. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by coÚtract. In the event that any provision or clause of tI1Ís Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date 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 in1l1lediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prol1Íbited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pem1Ítted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law n1Íght specify for the tern1Ínation of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of tIle following fOTITIS, 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 are insured by a federal agency, instrumentality or entity; or (d) ElectrOl1ÍC Funds Transfer. Upon reinstatement by Borrower, this Security Instrunlent and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20, Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with tIlÍs Security Instrunlent) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrunlent and perfonns other mortgage loan serVÌcing obligations under the Note, this Security Instrunlent, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infollTlation RESPA InitialS~ J ~ -r)' Form 3051 1/01 MFWY7770 (04/2006) / 047-009142-2 . -6A(WY) (0005).02 @ Page 11 of 1 5 m:m~~-:::~ I:~&~l!:.j~:~:::'¡ {)9Ø:~0989 ."....... .0:I.-, ::~¡¡j¡¡¡¡~¡~¡j¡]:.:: \11 ./;:::¡¡¡!¡!¡:]:::{ ,,·...··:.:·:::::¡:¡¡¡¡!¡:¡:~i¡·:·'·, . ·.··..:1111~i¡ ':".' :"::; ~~~;~~~~¡~~~~~i~~~~¡¡?::'; . -. .:-' '.>;<~&:::::~::;~:::: -; C00190 requires in cmmection with a notice of transfer of servicing. If the Note is sold and 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 Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to tlus Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, tlus Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of tlus paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Enviroillllental Cleanup" includes any response action, remedial action, or removal action, as defmed in Environmental Law; and (d) an "Enviroillnental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Envirmmlental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any goverrmlental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. MFWY7770 (04/2006) / 047-009142-2d. -6A(WY) (0005).02 @ Pag.12 of 15 InitialJE! L e-- Form 3051 1/01 ::;:;:i::::;;::;j;:': :~:n¡¡i¡tn:::' ili¡li;i 0920389 r ,') 0 '; 91 '... u ~t. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides other\\ise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence, If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law, Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23, Release. Upon payment of all swns secured by this Security Instrument, Lender shall release this Security Instrwllent. Borrower shall pay any recordation costs, Lender may charge Borrower a fee for releasing this Security InstrW1lent, but amy if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers, Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. MFWY7770 (0412006) / 047-009142-2 . -6A(WY) (0005).02 @ Page 13 of 1 5 ~~~l~f:~¡~m? Initial~~~ ,(). Form 3051 1/01 .iC: , 0920989 0. '" 0 't' 9 2 t..... ~'l) j.. '-- BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ( Seal) -Borrower (Seal) -Borrower (Seal) -Borrower MFWY7770 (04/2006) 1 047-009142-2 G-6A(WY) {O005),02 @ ~~BOC;:~ JOHN ROBERTS //Ji~ L+Qi~ i/ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 14 of 1 5 Form 3051 1/01 !îil~îl, , ·'<~i~!~¡~~~~!~~j~;¡~i:; r'r\o' 93 ~..,~) } 1 ~. 0920959 J --~ STATE OF WYOMING. ~ County,,, The foregoing instrument was acknowledged before me this ~ d- c..{ 2006 by JOHN ROBERTS AND LORI ROBERTS, HUSBAND AND WIFE r~~ Notary Public L My Col1ll1lÎssion Expires: c:¡)-(;ðlü SHEU.EY s..v..om. . NOTARY f'UBUC Coin101 U'KII>ii SIaIa of W)uni>g MFWY7770 (04/2006) / 047-009142-2 S -6A(WY) (0005),02 ® Page 15 of 15 ~¡~mili~~~~illm. '"'"..~ ! ify. r Form 3051 1101 ~'o··:Þn98::J Ü.Jí~d oJ Exhibit A File 6010615732 Description COOi94 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: Lot 5 Block 4 of Lincoln Heights 2nd Subdivision to the Town of Kemmerer, Lincoln County, Wyoming as described on the official plat filed on July 30,1973 as instrument No, 449229 of the records of the Lincoln County Clerk.