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Home My WebLink About925382 ¡' .v!li \' \' \ 1 . J o \./ ,-¡ ¡'" ¿;1 000644 1- Return To: aCME MORTGAGE BANKERS, INC. c/o NATIONWIDE TITlE ClEARING, INC. A TIN: ANAL DOCS UNIT 2100 ALT 18 NORTH PALM HARBOR, FL 34683 Prepared By: RECEIVED 12/15/2006 at 3:49 PM RECEIVING # 925382 BOOK: 643 PAGE: 644 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (Sp.... Ahove Thb LIne For Recordlna D.lal MORTGAGE LOAN NO.: 44000603 ESCROW NO.: 6010616338 MIN 100031800440008033 MERa Phone: 108880678"'377 DEFINITIONS Words used in multiple sections of tbis document are defined below and other words are defined m Sections 3, II, 13, 18, 20 and 21. Certain rules regardmg the usage of words used in this document are also provided m SecI10n 16. (A) ''Security InstrumeDt" means tlus document, which IS dated together with all Riders to this document (B) ''Borrower'' 15 RANDY A. GRILL ANO JAMIE L. GRILL DECEMBER 14, 2006 BolTower is the mortgagor \Ulder tlus Security Instrument. (C) ''MERS'' is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that IS acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security IDstrument. MERS Is organized and exlSÞng \U1der the laws of Delaware, and has an address and telephone of P.O. Box 2026, Fhnt, M148S01-2026. tel. (888) 679-MERS. Inltlalo:.!1k. ...)(, WYOMING-Slngle Famlly-fannle MulF..dcIkt Meo UNIFORM INSTRUMENT WITH MERa Fonn 3061 1101 VM P-8A(WY) (0008).. Pogo 1 <II 18 I.S'IOIR SUPPORT S'fSTEMa. INC. MERSOAWV.NeN (04100' 0925382 .... 000645 L (D) ''Lender'' IS SCMEMORTGAGEBANKERS,INC" A CAUFORNIA CORPORATION Lender is a CORPORATION orgawzed and exisùng WIder the laws of CAUFORNIA Lender's address IS 8285 GREENWICH DRIVE 11200, SAN DIEGO, CA 82122 (E) "Note" means the promissory note SIgned by Borrower and dated DECBtBER 14, 2008 Tho Note states that Borrower owes Lender ONE HUNDÆD NINID NINE THOUSAND AND NO/100 X X X X X X X X X X X X X X X X X X X X X Dollars (U.S, $ 189,000.00 ) plus mterest. Borrower has prom18ed to pay this debt m regular Periodic Payments and to pay tho debt in full not later than JANUARY 01,2037 (F) ''Property'' means the property that is dt'Scribed below WIder tho heading "Transfer of Rights in the PropÇ!1y. " (G) ''Loau'' means the debt evidenced by the Note, plus intert'St, any prepayment charges and late charges due WIder the Note, and all sums due UDder this SecurIty IDsttument, plus mterest (D) ''RIders'' means all Riders to this Secunty Instrument that are executed by Borrower. The folloWIng Riders are to be executed by Borrower [check box as apphcable]: CJ Al\Justable Rate Rider CJ Condomimum Rider CJ 1-4 Family Rider CJ Graduated Payment Rider CJ P1anne<l Unit Development Rider CJ Biwedcly Payment Rider CJ Balloon Rider CJ Rate Improvement Rider CJ Second Home Rider !XXI Othcr(s) [speciJy] PREPAYMENT RIDBt (I) "Appllcable Law" means all controUmg applicable federal, state and local statutt'S, regulations, ordinances and administrative rult'S and orders (that have the effect of law) as well as all appbcable fina~ non-appealable JUdIcial opinions. (J) "Community Assoelatlon Dues, Fees, and Assessments" means all dues, fees, asst'Ssments, and other charges that are imposed on Borrower or the Property by a condominium assocUlÙOn. homeowners association or SImilar organizaùon. (K) ''Electronic Funds Transfer" means any transfer of funds, other than a transacllon originated by check, draft, or similar paper Instrument, which is Initiated through an electronic termmal, telepbomc Instrument, computer, or magnetic Ulpe so as to order, instruct, or authorize a fmancial Institul10n to debit or credit an account. Such term includt'S, but IS not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) ''Elcrow Items" means those items that are dt'Scribed in Section 3. (M) ''MIscellaneous Proceeds" means any compensation, settlement, award of damagœ, or proceeds paid by any third party (other than lDSurance proceeds paid under the coverages dœcribed in Section 5) for: (i) damage to, or destruction of, the Property; (ü) condemnaùon or other taking of aU Dr any part of tho Property; (Üi) conveyance in boo of condemnaùon; or (iv) IIUsreprœentations of, or omissions as to, the value and/or condiùon of the Property. (N) ''Morteaee Insurance" means insurance protecbng Lender ag/ll11St the nonpayment of, or default on. the Loan. (0) ''Periodic Payment" means the re~arly scheduled amount due for (i) prmcipal and mterest WIder the Note, plus (ü~ any arnoWlts under Section 3 of tIus Security Instrumeot. (P) ''RESPA' means the Real Estate Settlement Procedures Act (12 V.S.C. Sectlon 260] et seq.) and Its implementing re¡¡uIatlon. ReguJal10n 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 tIus Secunty Instrument, "RESP A" refers to all reqwremeots and restnctioDS that are imposed in regard to a "federally related mortgage loan" even if the Loan does not quality as a "federally related mortgage loan" UDder RESPA. ,j} I -.,lik:: ...:s (::;. VUP08A(Wy) (0005).2 PIg. 2 0/15 Fonn 3061 1101 0925382 ,. ., (Q) "Successor In Interest' of Borrower" means any party that has taken title to the Property, whether or not /hat party has assumed Borrower's obligations under the Note and/or tIus Secunty Instmment. TRANSFER OF RIGHTS IN THE PROPERTY This Secunty Inslrument secures to Lender: (i) the repayment of the Loan, and all renewals, extCl1Sl0DS and modifications of the Note; and (ü) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For tIus purpose, Borrower does hereby mortgage, grant and convey to MEltS (solely as oommee for Lender and Lender's successors and assigns) and to the successors and assigns of MBRS, with power of sale, the following described property located in the COUNTY of UNCOLN [Typo ofRecorchn¡ Junrdicuon] [Name oflùcordlng Jurisdiction) LOT 2 OF CLEARVÆW VIUAOE PHASE I UNCOLN COUNTY WYOMlfO AS DESCRIBED ON THE OFFICIAL PlAT FIlS> ON NOVBtBER 8, '2008 AS INSTRUM~T NO. 824187 OF THE RECORDS OF THE UNCOLN COUNTY CLERK. ParcellD Number: 35181040028000 -43 CLEARVIEW VIllAOE DRIVE ETNA [City] . Wyoming ("Property Address"); which currently has the address of [S......t] [Zip Cod.] 83118. TOGETHER WITH all the unprovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. AI] replacements and additions shall also be covered by tlus Secunty Instrument. All of the foregoing is referred to in tlus Secunty Instrument as the "Property." Borrower understands and agrees that MEltS holds only legal title to the interests granted by Borrower ID tIus Secunty Instrument, but, if necessary to comply with law or custom, MEltS (as nominee for Lender and Lender's successors and assigns) has the right: to exercISe any or all of those IDterests, including, but not broited to, the right to forec]os.e and sell the Propmy; and to take any action required of Lender including, but not limited to, releasing and canceling this Secunty Instrument. BORROWER COVENANTS that Borrower IS lawfully scised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Propmy is unencumbered, except for encumbrances of record. Borrower warrants and will defClld generally the title to the Property against all elallns and demands, subject to any encumbrances ofrecord. THIS SECURITY INSTRUMENT combines wúform covenants for national use and non-uniform COVCllants with hnuted varial10ns by jurisdiction to CODSl1tute a wúform security instrument covering real property. VMP-8A(Wy) (0006).2 .If 1nll1l1o,ft Form 3051 1/01 Page 3 of 15 000646 ~&. 09Z53.SZ "I 000647"" 1- UNIFORM COVENANTS. BOJTower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charies, and Late Charges. BoJTower shaU pay when due the principal of, and intera;t on, the debt evidenced by the Note and any prepayment charges and late charga; due under the Note. BoJTower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Secunty Ins/rUmœt shall be made m U.S. currency. However, if any check or other Instroment recexved by Lender as payment under the Note or tins Security Ins1rument is returned to Lender unpaid, Lender may require that any Dr all subsequent payments due under the Note and tlus Security lns1nunent be made m one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institubon whose deposits are Insured by a federal agency, instromentahty, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the locatIon da;Jgnated m the Note or at such other location as may be designated by Lender m accordance with the notice provisIOns in Section IS. 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 msufficìent to bring the Loan current, without waxver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender IS not obhgated to apply such payments at the time such payments are accepted. If each PerIOdic Payment is appbed as of its scheduled due date, then Lender need not pay mtera;t on unapplied funds. Lender may hold such unapplied funds until BoJTower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of, twe, Lender shall either apply such funds or return them to BOJTower, If not appbed earlter, such funds will be apphed to the outstanding principal balance under the Note lInmedtately prior to foreclosure. No offset or claim which Borrower might have now or In the future against Lender shall relieve Borrower ftom making payments due under the Note and this Security Instrnmœt or performing the covœants and agreements secured by this Security Ins1nunent 2. Application of Payments or Proceeds. Except as otherwise da;cribed in /his Section 2, all payments accepted and applied by Lender shaU be applied in the following order of priority: (a) intera;t due under the Note; (a) prmcipal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order ID which It became due. Ally remaìning amounts shaU be applied first to late charges, second to any other amounts due under /his Security Ins/rUment, and then to reduce /he principal balance of the Note. If Lender receives a payment ftom Borrower for a delinquœt Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one PerIOdIc Payment is outstanding, Lender may apply any payment received ftom 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 extsts after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first 10 any prepayment charges and then as described in the Note. Any appltcation of payments, insurance proceeds, or Miscellaneous Proceeds to princIpal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day PerIOdic Payments are due under the Note, until the Note IS paid in full, a sum (the "Punds") to provide for payment of amounts due for: (a) taxes and assa;sments and other Items which can attain priority over /his Secunty. Ins1nunent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance reqwred by Lender under Secbon S; and (d) Mortgage Insurance premwms, if any, or any sums payable by BoJTower to Lender ID beu of the payment of Mortgage Insurance premiums m accordance with the provisIons of Section 10. These items are called "Escrow Items." At originatJon or at any time during the term of the Loan, Lender may require that Community Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such dua;, fees and assessments shall be an Escrow Item, BoJTower shaU promptly furnish to Lender all nottces of amounts to be paid under this Section. BoJTower shall pay Lender the Punds for Escrow Items unless Lender waives Borrower's obligation to pay the FUnds for any or all Escrow Items. Lender may Wlllve BOJTower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Ally such waiver may only be '" - In "'" """ of ""'01,.., ""'"""...... P'Y _y, whm... .......,..,.. ... ¡ I..,.,. /3& VMP-8A(Wy) (DO05~2 Pog.. of 15 Fonn 3061 101 0925382 r· , I 000648 L due for any Escrow Items for which payment of Funds has been w81Ved by Lender and, if Lender requires, shall funiish to Lender receipts evidencmg such payment within such time penod as Lender may require. Borrower's obhgabon to make such payments and to provide receipts shall for all pW'pOsœ be deemed to be a covenant and agreement contained in this Secunty Instrument, as /he phrase "covenant and agreement" 1.8 used in Secuon 9. If BoJTower IS obligated 10 pay Escrow Items directly, pursuant to a waiver, and BoJTower fails to pay the amount due for an Escrow Item, Lender may exercISe its nghts under Section 9 and pay such amount and BoJTower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the W81ver as to any or all Escrow Items at any time by a nolÍce given in accordance with Section IS and, upon such revocal.1on, BoJTower shall pay to Lender all Funds, and m such amounts, that are then required under this SecI10n 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pcnmt Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can reqwre under RESPA. Lender shall œtimate the amount of Funds due on the basIS ofCWTent 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 msured by a federal agency, IDStrumentahty, or entrty (mcluding Lender, if Lender is an mstitubon whose deposits are so msured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge BolTower for holdmg and applying the Funds, annually analyzing the escrow account, or veruying the Escrow Items, unless Lender pays BolTower mterest on the Funds and Applicable Law penmts Lender to make such a charge. Unless an agreement is made in wribng or Applicable Law requJres interœt to be paid on the Funds, Lender shall not be required to pay BOJTower any mterest or eammgs on the Funds, Borrower and Lender can agree m wribng, however, that mt«est shall be paid on the Funds. Lender shall give to BOlTower, without charge, an annual accounting of the Funds as reqwred by RESPA. If there IS a SlU]Jlus of Funds held ID escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds In accordance with RESP A. If there IS a shortage of Funds held m escrow, as defined under RESP A, Lender shall notify BOJTower as reqwred by RESP A, and BolTower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly payments. If there is a defiCIency of Funds held m escrow, as defined under RESP A, Lender shall notify BoJTower as required by RESPA, and BolTower shall pay to Lender the amount necessary to make up the deficiency In accordance with RESP A, but m no more than 12 monthly payments. Upon payment m full of all sums secured by t1us Secunty Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; LIens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain pnonty ov« this Security Instrument, leasehold payments or ground rmts on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, BolTOwer shall pay them in the manner provided in Section 3. BoJTower shall promptly Ihscharge any lien which has priority over this Security Instrument unless BolTower: (a) agrees in writtng to the payment of the obhgalion secured by the lien In a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the'lien m good faith by, or defends agamst enforcement of the hen in, legal proceedings which in Lender's opinion op«ate to prevent the enforcement of the lien while those proceedmgs are pending, but only until such proceedmgs are concluded; or (c) securœ trom the holder of the hen an agreement sa/lBfactOlY to Lender subordinating the lien to tlua Security Instrument. If Lender determines that any part of the Property IS subject to a lien which can attam pnority over this Security Instrument, Lender may gIVe Borrower a notice identifying the VM>"8A(WY) (0006).2 Foeoh'15 ,,,,.~k3& Fonn 3051 1/01 09~538Z , . '"I hen. Within 10 days of /he date on which /hat nollce is given, Borrower shall satIsfy /he lien or take one or more of the actions set forth above in this Section 4. Lend« may reqwre Borrower to pay a one-time Charge for a real estate tax v«ificatlon and/or reporting Service used by Lend« m connection wi/h this Loan. 5. Property Insurance. Borrower shall keep the improvemel\lS now CXlStlng or hereafter «ected on the Property insured against loss by fire, hazards Included within the leem "extended coverage," and any other hazards including, but not lunited to, earthquakes and floods, for which Lender requires lDSurance. This lDSurance shall be mamtamed m the amounts (including deductible levels) and for the periods that Lend« requires. What Lender reqwres pursuant to the preceding sentences can change dunng the term. of the Loan. The msurance cam« providing the msurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which nght shall not be exercised unreasonably. Lend« may require Borrower to pay, in connection with this Loan, eith«: (a) a one-Ume charge for flood zone determinauon, certification and tracJdng ServiCes; or (b) a one-Ume charge for flood zone determinauon and certification services and subsequent charges each time remappings or similar changes oeem' which reasonably might affect such determinauon or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with /he review of any flood zone determination resulting ftom an objection by Borrower, If Borrower fails to mamtam any of /he coverages described above, Lend« may obtain insurance covecage, 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 nught or might not protect Borrower, Borrower's eqUlty in the Property, or the contents of the Property, against any risk, hazard or liabibty and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance cov«age so o.btained ought 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 Instnunenl These amounts shall bear interest at the Note rate ftom the date of disbursement and shall be payable, with such mterest, upon notice ftom Lender to Borrower requestmg payment. AU insurance pobcies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall mclude a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the poliCIes and renewal ceJ"Ûficates. If Lender requires, Borrower shall promptly gIVe to Lender all receipts of paid prenuums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such pobcy 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 lDSurance camer and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower o/herwise agree m wriUng, any insurance proceecls, whether or not /he underlymg insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econonucally feasible and Lender's secunty is not lessened. During such repair and restoral1On period, Lender shall have the right to hold such lI1Surance proceeds unûl Lender has bad an opportunity to inspect such Property to ensure /he work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceecls 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 m writing or Applicable Law requires int«est to be paid on such insurance proceecls, Lender shall not be reqwred to pay Borrower any interest or eanungs on such proceeds. Fees for public adjusters, or o.ther tlurd P8TÛes, retained by Borrower shall not be paid out of the lDSurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is Dot econolDlcally feasible or Lender's secunty would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instnunent, whether or not then due, with InÜtIo: ¡J I . Form30&1~ VMp..8A(Wy) (OOOS).2 ,,",,000111 000649 L J0 0925382 "I 000650 L the excœs, if any, paid to Borrower. Such IDsurance 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 doœ not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiale and settle the claim. The 30-day pa'Ìod will begm when the notice IS gIVen. In either event, or if Lender acqwres the Property under Section 22 or otherwise, Borrower hereby asSIgnS to Lender (a) Borrower's rights to any insurance proceeds m an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's nghts (other than the right to any refund of unearned premnuns paid by Borrower) under all msurance policiœ rovermg the Property, lDSofar 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 amounts unpaid under the Note or this Secunty Instrument, whether or not then due. 6. Oc:c:upaney. Borrower shall occupy, œtablish, and use the Property as Borrower's princIpal residence within 60 days after the executlon of this Secunty Instrument and shall rontinue to occupy the Property as Borrower's pnncipal residence for at least one year after the date of occupancy, unJœs Lender otherwIse agrees m writing, which consent shall not be unreasonably withheld, or unlœs extenuating ClrcuDlBtances exIst which are beyond Borrower's rontroI. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or llDpair Ihe Property, allow the Property to deteriorate or rommlt waste on the Property. Whether or not Borrower IS residing in the Property, Borrower shall maintam the Property m order to prevent the Property trom deterioraùng or decreasing in value due to its rondiùon. Unless it IS determmcd pursuant to Section S that replll1" or restoration is not econoDllcally feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or rondemnation proceeds are paid in ronnecùon with damage to, or the taking ot; the Property, Borrower shall be responsible for repairing or rœtoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the rcplll1"S and restoration m a single payment or in a series of progress payments as the work is rompleted. If the msurance or rondemnation proceeds are not sufficient to rep8lr or restore the Property, Borrower is not relieved of Borrower's obligation for the rompletion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspecùons of the Property. If it has reasonable cause, Lender may inspect the interior of the Improvements on the Property. Lender shall grve Borrower notice at the tune· of or prior to such an mterior mspcction specifying such reasonable cause. 8. Borrower's Loan AppUcaUon. Borrower shall be in default it; during the Loan application process, Borrower or any persons or entities acùng at the direction of Borrower or with Borrower's knowledge or rousent gave materially false, misleadmg, or inaccurate information or statements to Lender (or failed to provide Lender with material mformatlon) in connection with the Loan. Material rcprœentations include, but are not limited to, reprtßeDlabOns ÇQncerning Borrower's occupancy of the Property as Borrower's prmcipal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower fails to pecform the covenants and agreements rontained in this Security Instrument, (b) there is a legal proceedmg that nught significantly affect Lender's IDtertßt m the Property and/or nghts under this Secunty Instrument (such as a proceeding in bankruptcy,· probate, for rondemnaùon or forfeiture, for enforcement of a hen which may attam priority over tJus Secunty Instrument or tOClÛorce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever IS reasonable or appropriate to protect Lender's interest in the Property and nghts under tins Security Instrument, includmg protecung and/or assœsing the value of the Property, and securing and/or repairmg the Property. Lender' 8 actions can include, but are not limited to: (a) paying any sums secured by a hen which has priority over this Secunty Insttument¡ (b) appearing in court; and (c) paying reasonable ....IrJ1i: 0 G VMp..SA(WY) (IIDOð).2 f'q.7 0/15 Form 3051 1101 0925382 r. "1 attorneys' fees to protect its interest m the Propmy and/or rights under tlus Secunty Instrument, mcludmg 1/S secured position in a bankruptcy proceeding, Secunng the Propmy 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, elimínate building or olber code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action wuler this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It 15 agreed that Lender mcurs no liabibty for not taking any or all actions autbonzed under tlus Section 9. Any amounts disbursed by Lender under tlus Section 9 shall become additional debt of BoiTower 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 requestlng payment. If this Security Instrument 15 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 unless Lender' agrees to the mer'gec in writing. 10. MortPie Insurance. If Lender reqwred Mortgage Insurance as a condition of ma1ang the Loan, Borrower' shall pay the premiums required to maintain the Mortgage Insurance In effect. If, for any reason, the Mortgage Insurance cover'age required by Lender ceases to be available from the mortgage insurer' that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equIv.alent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to BolTower 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 contlnue to pay to Lender the amount of the separately designated paymen15 that were due when the msurance coverage ceased to be in effect, Lender will accept, use and retam these payments as a non-refundable loss reserve in hen of Mortaage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is lilbmately paid ìn tull, and Lender shall not be required to pay Borrower any llÙerest 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 obtainecJ, and Lender requires separately designated payments toward the premiUms for Mongage Insurance. If Lender reqwred Mortgage Insurance as a condition of ma1ang the Loan and Borrower was reqwred to make separately designatecJ payments toward the premiums for Mortgage Insurance. Borrower shall pay the prenuums reqwred to maintam Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until ternunat1ôn IS reqwred by Applicable Law. Nothing in this Section 10 affects BolTower'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 In force from time to tune, 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 are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage msurer to make payments usmg any source of funds that the mortgage insurer may have available (which may mclude funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer. any other entity, or any affiliate of any of the foregomg, may receive (directly or indirectly) amounts that derive from (or nught be characterized as) a portion of Borrower's payments for Mortgage Insurance, m 6Kchange for sharing or moditying the mo.rtgage msurer'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 premiUms paid to the insurer. Ibe arrangement is often termed "captive rewsurance. " Purther: (a) Any such agreements will not affeá the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wUl not Increase the am~~ Borrower wID owe for Mortgage'Insurance, and they wUl not entitle Borrower to any refund. ,(f- hlltlalo:_ VMP-6AIWV) (0005).2 PoaoS., 15 Form 3051 1101 000651 s&> Q925382 , . " I 000652 L (b) Any such agreements will not affect the rigbts Borrower bas - If any - wIth respect to tbe Mortgage IlISurance under the Homeowners Protection Act of 1998 or any otber law. These rigbts may inelude the right to receIve certain disclosures, to request and obtain canc:ellation of the Mortgage Insurance, to bave tbe Mortgage Insurance terminated automatically, and/or to rec:elve a refund of any Mortgale Insurance premiums tbat were unearned at the time of sucb tancellation or termination. 11. Asslpment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are ho-eby asSlped to and shall be paid to Lendo-. If the Property is damaged, such MIScellaneous Proceeds shall be applied to restorabon or repair of the Property, if the restoration or repaIr iii economically feasible and Lendo-' s security iii not lesscmed. Dunng such repair and restoration po-iod, Lender shall have the right to hold such Miscellaneous Proceeds unûl Lender has had an opportunity to mspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such. mspection shall be undertaken 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 mto-est to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay ÐoITOWo- any into-est or earnings on such Miscellaneous Proceeds. If the restoration or repall' is not econoJWca1Iy 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 BolTowec. Such Miscellaneous Proceeds shall be applied m the order provided for in Section 2. In the event of a total taking, destruction, or loss Iß value of the. Property, the MIscellaneous Proceeds shall be applied to the sums secured by this Security InstrumMt, 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 faU' market value of the Property nnmediately before the partial laking, destruction, or loss m value IS equal to or greata' than the amount of the sums secured by this Secunty Imtrument immediately before the partial taking, destructton, or loss in value, unless BolTowec and Lender othawise agree in writing, the sums secured by thts Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the followmg traction: (a) the total amount of the sums secured lmmechately before the parûal taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial ta1ang, 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 amount of the sums secured lDIDlediately before the partial takmg, destruction, or loss in valne, unless BolTower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whetha' or not the sums are then due. If the Property is abandoned by BolTower, or it; afta' noUce by Lender to BolTower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, BolTowec fails to respond to Lender wit1un 30 days after the date the notice IS gtVCD, Lender is authorIZed to collect and apply the Miscellaneous Proceeds either to reslôration or repair of the Property or to the sums secured by this Security Instrument, whether or not thM due. "Opposing Party" means the third party that OWts Borrower Miscellaneous Proceeds or the party against whom BolTower has a nght of action m regard to Misccl1aneous Proceeds. BolTower shall be in default if any action or proceeding, whether civil or criminal, IS begun that, in Lender's Judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. BolTower can cure such a defanlt and, if ~~abon.has OCCIUTed, remstate as provided in SectIOn 19, by causmg the action or proceeding to be disnussed With arulmg that, m Lender's Judgment, precludes forfClture of the Property or otho- material Impaument of Lender's mterest in the Property or righ/B undo- this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's interest in the Property arc hereby assigned and shalI be paid to Lender. ,All Miscellaneous rroceeds that are not applied to restoration or repaU' of the Property shall be applied Iß the order provided for in Section 2. VMP-8A(Wy) (0006~2 (lí 11III1oIo:-lJ!.:.lÇ -:> C::? Fotm 30151 1/01 Poge..,15 0925382 II,", 1000653 L 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or modification of amortization of the sums secured by this Secunty J:nstrument granted by Lender to BolTower or any Successor in Interest of BolTower shall not operate to release the liability of BOlTower or any Successors in Interest of BoITQwer. Lender shall not be reqwred to commence proceedings against any Successor m Interest of BolTower or to refuse to ex.tend ÛU1e for payment or otherWJse modifY amortization of the sums secured by this Security Instrument by reason of any demand made by the original BOlTower or any Successors m Interest of BolTower. Any forbearance by Lender in ex.ercismg any right or remedy includ.ìng, without linIltation, Lender's acceptance of paymenu from third pa-SODS, entities or Successors m Interest of BolTower or in amounts less than the amount then due, shall not lJe a waiver of or preclude the exa-clSe of any right or remedy. 13. Joint and Several Liablllty¡ CO-llgners; Successors and Asslps Bound. BOlTower covenants and agrees that BolTower's obligations and liability shall be joint and several. Howeva-, any Borrower who CO-SIgns this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-sIgning this Socunty Instrummt only to mortgage, grant and convey the co-signer's mterest in the Property under the terms of tlùs Security Instrummt; (b) is not personally obhgated to pay the sums secured by this Secunty Instrument; and (c) agrees that Lender and any other Borrower can agree to ex.tmd, modifY, forbear or make any accolDDlOdations with regard to the terms of tins Security Instrummt or the Note without the co-signer's consent Subject to the provisIOns of Section 18, any Successor in Interest of BOlTower who assumes Borrower's obligations unda- this Security J:nstrument in writing, and is approved by Lender, shall obtam all of BolTower's rights and benefits under this Secwity Instrummt. Borrower shall not be released from Borrower's obhgations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of tlùs Security Instrument shall bmd (except as provided in Secuon 20) and benefit the successors and assigns of Lender, 14. Loan Charges. Lender may charge Borrower fees for services pa-formed m connecl1on with BolTower's default, for the purpose of protecting Lender's interest In the Property and rights under tlùs Security Instrument, including, but not booted to, attorneys' fees, property ÍDSpectlOn and valuation fees, In regard to any otha- fees, the absence of express authonty in tlùs Secunty Instrument to charge-a specific fee to BolTower shall not be construed as a prohibition on the chargmg of such fee. Lender may not charge fees that are expressly prohibIted by this Secunty J:nstrument or by Applicable Law. If the Loan is subject to a law which seta maXimum loan charges, and that law is finally interpreted so that the Ìßta-est or otha loan charges collected or to be collectlXl in connecUon with the Loan exceed the permitted lumts, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the ptnl1l.tted limit; and (b) any sums already collected from Borrower which exceeded penwtted limits will be refunded to BolTower. Lender may choose to malc:e this rel\md by reducing the I'nnclpal owed under the Note or by making a dICect payment to Borrower. If a refund reduces princIPal, the reduction will be treated as a partial prepaymwt without any prepayment charge (whether or not a prepaymwt charge IS provided for under the Note). Borrower's acceptance of any such refund made by wect payment to Borrower will constitute a waiver of any right of acnon Borrower nnght have arismg out of .uch overcharge. 15. Notices. All nol1ces given by BolTower or Lender in connection with this Secunty Instrumwt must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been gIVen. to Borrower whw mailed by first class mail or whw actually delIVered to Borrower's nonce address if sent by other means. Notice to anyone Borrower shall constitute noUce to all BolTowers nnless Applicable Law expressly requires otherwise. The nonce address shall be the Property Address unles. BolTower has designated a substitute nOl1ce addres. by notice to Lender, Borrower shall promptly notifY Lender of BolTower'. change of address. If Lender specifies a procedure for reporting BolTower's change of address, then BolTower shall only report a change of address through that specified procedure. There may be only one designated notice address WIder this Secunty Instrument at anyone tune. Any nonce to Lauler shall be given by delIVering It or by mailing It by first class mail to Lender's address stated herem unless Lender has designated another address by notice to BolTower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by tins Secwity Instrument is aI.o required under Applicable Low, ... AppI...... Loo - om u,"" ... =~- ,..- ...... "'1 Instrumwt r / initio.., {!-~ VMP-6A(Wy) (0008).2 ""go 10 0/15 Fonn 3051 1/01 09Z5382 r' OOO§.s4 <; I 16. Governing Law; Severability; Rules of Construction. TIns Secunty Instrument shall be governed by federal law and the law of the jurisdiction in which the Prop~ 15 located. ~U ,nghts and obligations contamed 10 this SecurIty Instrummt are subject to any reqUIrements and hnutations of Applicable Law. Applicable Law míght explicitly or Implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be èooslmed as a prohibition agamst agreement by contract In the event /hat any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conf1ìct shall not affect other provisions of this Security Instrument or the Note which can be givm effect without the conflictIng provision, As used in this Security Insttwnent: (a) words of the masculine gender shall mean and ¡oclude corrCliponding neuter words or words of the femmine gender; (b) words in the singular .shall mean and include the plural and vice versa; and (c) the word "may" givCli 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 10 the Property" means any legal or beneticial interest 10 the Property, including, but not linnted to, those beneticial interests transferred in a bond for deed, conttact for deed, msta11ment sales contract or Clicrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purclJaser. If all or any part of the Property or any InterClit in the Property is sold or transferred (or if Borr~er is not a natural person and a bmeticial interClit 10 Borrower is sold or transferred) without Lender's pnor wnUen consmt, Lender may reqUIre immediate payment in full of all sums secured by this Secunty Instrument. However, this option shall not be exercISed by Lender if suclJ exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall gIVe Borrower notice of acceleration, The notice shall provide a perIOd of not IClis than 30 days ftom the date the notice IS given in accordance with Section 15 within which Borrower must pay all sums secured by this Secunty Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remediCli permiUed by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acce1eration. If Borrower meas 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 10 this Security Instrument; (b) such other period as Applicable Law míght specifY for the termination of Borrower's nght to remstatej or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender aU sums which then wol!ld be due under this Security Instrument and the Note as if no acceleration had occurredj (b) curCli any defal!lt of any other covmants or agreements; (c) pays all C1Cpenses incurred in enforcing this Security Instrument, mcluding, but nollìmíted to, reasonable attorneys' fees, property llISpecl10n and valuation fees, and other fees incurred for the purpose of protecting Lender's interest 10 the Property and rights under this Secunty Instrument; and (d) takCli such action as Lendec may reasonably reqwre to assure /hat Lender's interest ID the Property and nghts under tbis Secunty Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may reqUIre tb3t Borrowec pay such reinstatement sums and expenses 10 one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified åleclc, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an msl1tutlon whose depoSIts are /115ured by a federal agency, /115trumentahty or entity; or (d) Electronic Funds Transfer. Upon remslatClDent by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, Ibis right to reinstate shall nol apply in the case of acce1eration under Section 18, 20. Sale of Note; Change of Loan Servlcer; Notice of GrIevance. The Note or a partial interest 10 the Note (together with this Security Instrument) can be sold one or more tunes without prior notice to Borrower. A sale nught rCliul1 in a clJange 10 the entity (Icnowo as the "Loan Servlcer") that collects Periodic Payments due under the Note and this Security Instrument and pcñorms other mortgage Loan Servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there IS a change of the Loan Servicer, Borrower will be gIVen wnUen nouce of the change which will stale the name and address of the new Loan Servicer, the address to which payments shol!ld be made and any other Ì1lfonnatlon RESPA I"~~; (J I :rc" VMp..SA(WY) 10006).2 """.11 ellS .Fonn 3051 ~ 0925382 000655 ., I reqwces in connecl1on with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is semced by a Loan ServlCer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remam with the Loan Servlcer or be transferred to a successor Loan Servicer and are not assumed by the Nole purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, JOin, or be Joined to any Jud1cial acl10n (as either an mdividual lil1gant or the member of a class) that arISes 1Ì'om the other party's actions pursuant to tlus Security Instnunent or that alleges that the other party has breached any provil/on of, or any duty owed by reason of, this Security Instnunenf, until such Borrower or Lender has notified the other party (with such nol1ce given In compliance with the requirements of SectIon 15) of such alleged breach and afforded the other party ha-eto a reasonable perIOd after the giVIng of such notice to take comcl1ve action. If Appbcable Law provides a time period which must elapse before certam action can be taIcen, that time period wiII be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure gIVen to Borrower pursuant to Seel10n 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisty the notice and opportunity to taIce corrective acl10n provisions of this Secl10n 20. 21. Hazardous Substances. As used In tlus Section 21: (a) "Hazardous Substances" are those substances defined as toXiC or hazardous substances, pollutants, or wastes ·by Environmental Law and the followmg substances: gasoline, kerosene, other flammable or tOXiC petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioact1v.e materials; (b) "Environmental Law" means feda-allaws and laws of the jlU1Sdicûon where the Property is located that relate to health, safety or enviromnental protection; (c) "Bnvu:onmental Cleanup" mcludes any response actlOD, remedial ac110D, or removal aclÍOD, as defined in Bnvlronmental Law; and (d) an "Bnvlronmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Bnvlronmental Cleanup. BolTowec 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 m the Property. BOlTower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violal1on of any EnVIronmental Law, (b) which creates an EnvIronmental Condil1on, or (c) which, due to the presence, use, .or release of a Hazardous Substance, creates a condition tbat adversely affects the value of the Property. The precedmg 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 normal residential uses and to mamtenance of ' the Property (including, but not linùted to, hazardous substances m consumer products), BolTower shall promptly gIVe Lender wntten nOl1ce of (a) any mvestigal1on, clauD, demand, lawsuit or other action by any governmental or regulatory agency or private party mvolvlng the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Includmg but not lÌID1ted to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any conditlon caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If BolTower learns, or is notified by any governmental or regulatory authority, or any private party, tbat any removal or other remediation of any HlIZardous Substance affectmg the Property is ncct'8sary, Borrower shall promptly take all necessary remedial act10ns In accordance with Environmental Law. Nothing herein shall create any obligal1on on Lender for an Environmental Cleanup. VMP08A(WY) (OOOð),2 ~R~~IJ t ~& Fonn 30G~~ """.120115 0925382 .. 000656 I NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall ¡:Ive notlc!! to Borrower prior to acceleraUon 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 otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) II date, not lesi than 30 days from the date the noUce Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date speclßed In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The noUce shall further Infonn Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nOD-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 specißed In the notice, Lender at ItI option may require Immediate payment In fuD of aD 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 aD 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 etve 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 sball be sold In the manner prescribed by Applicable Law. Lender or Its deslgn·ee may purchase the Property at any sale. The proceeds of the sale shaD be applied In the followlnl: order: (a) to all expenses of the sale, Including, but not limited to, reasonable attorneys' feœ; (b) to aD sums secured by this Security Instrument; and (c) any excess to the persoD or perSODS legally enUtled to It. 23. Release. Upon payment of all sums secured by tlus Security Ins1rument, Lender shall release this Security InstrumenL BoJrower shall pay any recordatIOn costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for ServICes rendered and the charging of the fee 19 pemulted under Applicable Law. 24. Waivers. Borrower releases and W81Ves all rights under and by virtue of the homestead exemption laws of Wyommg. VMNA(WY} (0005).2 ~,~£f :sC? Fonn 3051 1/01 PtQ. 1 UI 15 0925382 "1 000657 I BY SIGNING BELOW, Borrower accepts and agrees to the terms and COYlIUIIlts contamed In this Security Instrument and In any Rider executed by Borrower and recorded with it WJb1esSt'8: ;f>, x. 7/!~.··e~ . Wi...... ·Wibltl. fjaM ~ ~~~~~ i . <.1 -Bonow... (Seal) -Bonow... (Seal) -Bonower (Seal) .Bonow... (Seal) -Bonowor (Seal) -Borrower (Seal) -Bonowor VMP-6A(Wy) (0006).2 Pogo 14 01 16 Fon1l 3051 1101 09Z538Z r· 111" 000658 I STATE OF WYOloflNO Téton4-n County ss: The foregomg iDstroment ~as acknowl~gl¡d b!iore me this /'1M )a.r of D~{e "J,c.í )COþ. by RANDY A. GRIll. and JamIe L. l~r1l1 t I My Commission Expires: Æi/6Ii'r 13, ¡OO:; R A McCAIN NOTARY PUBLIC COUNTY OF _STATE OF TETON WYOMING MY COMMISSION EXPIR S AUGUST 13, 2008 ~,A.1'1f (e~ No",,>, Public> VMP-8AIWY) (0005),2 ,n~lw.rif5Ct7 Form 3061 1/01 PIogl1S0I16 092538Z r' 000659 L .; I' LOAN NO. 44000603 PREP A YMENT RIDER (Multi-state) MIN' 100031800440006033 MERS Phone' 1-888-679-6377 This Prepayment Rider is made Ihis 14th day of DECEMBER, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to SCME MORTGAGE BANKERS, INC., A CALIFORNIA CORPORATION (the "Lender") of the same date and covering the property dœcribed in the Security Instrument and located at 43 CLEARVIEWVIUAGEDRIVI:, ETNA, \NY 83118- (the "Property"). Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower and Lender further covenant and agree as follows: Borrower has the right to make payments of principal at any time before they are due. A payment ofprincipaT only is known as a "prepayment." A "full prepayment" is the prepayment of the entire unpaid principal due under the Note. A payment of only part of the unpaid principal is known as a "partial prepayment." If, witlûn the 6 -month period beginning with the date Borrower executes the Note (the "Penalty Period''), Borrower makes a full prepayment, or partial prepayment in any SIX ( 6 )-month period that exceeds 20 0/. of the original principal loan amount, Borrower will pay a prepayment charge as consideration for the Note Holder's acceptance of such prepayment. The prepayment charge will equal the amount of interest that would ac~rue during SIX (6)- month perIod on the amount prepaid that exceeds 20 % of the original principal balance of the Note, calculated at the rate of Interest In effect under the terms of the Note at the time of the prepayment, unless otherwise prohIbited by appUcable law or regulation. No prepayment charge wIU be assessed for any prepayment occurring after the Penalty Period. Notwithstanding the foregoing, in the event of a full prepayment concurrent with a bona fide sale of the Property to. an unrelated third party after the first 6 month(s) of the tenn of the Note, no prepayment penalty will be assœsed. In that event, Borrower agrees to provide the Note Holder with evidence acceptable to the Note Holder of such sale. 503112 MullJ-Sl... Ride< 11115'88 LENDER SUPl'ORT SYIiTB\48, INC. AUMDRXX.AUR (04105) "",.1012 0925382 (Seal) ·Borrower (Seal) -Borrower 80382 Mu."'lte Rld« .. 000660 , and agrees to the terms and covenants contained in (Seal) -Borrow... (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 1'10. 201 2