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HomeMy WebLinkAbout929834 ( /- ) /" \ ~, -\ I "':~ Cí UUU'79;"'" 60 6010715131 RetU1:n To: American Brokers Conduit 4650 Regent Blvd., Suite 100 Irving, TX 75063-2250 Prepared By: Belinda Evans 6455 So Yosemite Street Suite 700 Greenwood Village, CO 80111 [Space Above Tblr Line For Recording DataI MORTGAGE Un-I 1nOO?42000170130S9 RECEIVED 5/30/2007 at 3:03 PM RECEIVING # 929834 BOOK: 659 PAGE: 792 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DEFINITIONS Words used in multiple sectIons of this document arc de jned below and other words are detined in Sections 3, 11, 13, 18, 20 and 21. Cel1am rules regardiug the usage of words used in this document lire also proYlded In Section 16. (A) "Security Instrunrent" meBDS this document, which ìs dated May 30, 2007 together wIth all Riders to this document. (B) "Borrower" 18 JOSH WALSH AND JENA WALSH Borrower IS the mortgagor under Ihis Security ll1strument. (C) "MERS!' is Mortgage Electronic Registration Systems, Inc, MERS is a sepal'ute corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrumelit. MERS is organized and eXIsting under the laws of Delaware, aud has an address aud telephone number ofP.O, Box 2026, Flint, MI 4850]-2026, tel. (888) 679-MERS. DOC #:322591 APPL #:0001701305 LOAN 1/,1001701305 WVOMING -Singh, Family- Fannie Mae/Fre,dllie Mac UNIFORM INSTRUMENT WITH MEIIS Form 305t 1/111 <8 -6A(WY) (0005) ~ UH31 9905.01 ~.u \ Pogo I of IS Inil"l., ~,_\ \f-J VMP MOKTGAGI! FORMS - (800).121.-7291 11111111111111111111111 111111111111 Ü92983L~ OOO"9:~, (D) "Lender" is American Brokers Conduit Lender is a Corporation organized and existing under the laws of State of New York Lender's address is 538 Broadhollow Road, Melville, NY 11747 (E) "Note" 'means the promissory note signed by Borrower and dated May 3 0, 2007 The Note states that Borrower owes Lender One Hundred Eight Thousand and No/100 Dollars (U. S. $ 108, 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2037 (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 lUIder the Note, and all sums due lJ11der this Security Instrument, plus interest. (H) "Riders" means 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 Condominium Rider D Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider D 1-4 Family Rider D Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable [mal, non-appealable judicial opinions, (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an aCCOlJ11t. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid lJ11der the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and! or condition of the Property. (N) "Mortgage Insurance" means insmance protecting Lender against the nonpayment of: or defàult on, the Loan. (0) "Periodic Payment" means the regularly scheduled amolUlt due for (i) principal and interest lJ11der the Note, plus (ii) any amolUlts under Section 3 of this Secmity Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S,C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C. F.R. Part 3500), as they might be amended fì-om time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security InstrunIent, "RESP A" refers to all requirements and resl1'ictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. DOC #:322592 APPL #:0001701305 LOAN #:1001701305 . -6A(WY) (0005) @ P.S"2o(15 Jllili.I,,·3~ Form 3051 1/01 11'~ "l . "J'> "':À L./ " ,,' 'UJ......,jQ...j,"1.I' 000'794 (Q) "Successor in Interest of BOl"l"ower" 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 tIris Secmity Instrument. TRANSFER OF RlGHTS IN THE PROPERTY LOTS TOWN PLAT This Security Instrument secmes to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 'the performance of Borrower's covenants and agreements under this Secm-ity Instrument and the Note. For this pmpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors mId 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 Jtu'isdiction] 1, 2, 3, 4 AND 5 OF BLOCK OF TULSA, LINCOLN COUNTY, THEREOF. [Name of Recording Jurisdiction] 1 OF THE TOWN OF LABARBE, FORMERLY THE WYOMING AS DESCRIBED ON THE OFFICIAL ParcellD Number: 12-2612-06-4-08-058 114 BLAKE STREET LA BARGE ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83123 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Secm-ity Instrument, but, if necessm'y 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 limited to, releasing and canceling this Secmity Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed mId has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encmnbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURlTY INSTRUMENT combines uniform covenants for national use and non-mriform covenants with limited variations by jmisdiction to constitute a lUliform secmity instrument covering real property , Q -6A(WY) (0005) @ Page 3 of 15 ,~ J .J'oAN\ #: 1001701305 Illiti"IR: ~\.."-.J Form 3051 1/01 DOC #:322593 APPL #:0001701305 O~);¿;983';::k UNIFORM COVENANTS. BOlTower 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 fUllds for Escrow Items pursuant to Section 3. Payments due lmder the Note and this Security Instrument shall be made in U.S. cUlTency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer',s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan ClU1:ent. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on Ullapplied funds. Lender may hold such unapplied fUllds until Borrower makes payment to bring the Loan Clm"ent. If Bon-ower does not do so within a reasonable period of time, Lender shall either apply such fìmds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance Ullder the Note immediately prior to foreclosUl·e. No offset or claim which Borrower might have now or in the future against Lender shall relieve Bon-ower fi"om making payments due Ullder the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due tmder the Note; (b) principal due Ullder the Note; (c) amounts due Ullder Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amoUllts shall be applied first to late charges, second to any other amounts due under this Security InstrUlllent, and then to reduce the principal balance of the Note. If Lender receives a payment from Bon-ower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if~ and to the extent that, each payment can be paid in fÌlIL To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. VolUlltary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due Ullder the Note shall not extend or postpone the due date, or change the amotmt, of the Periodic Payments. 3. Funds for Escrow Items. BOlTower shall pay to Lender on the day Periodic Payments are due tUlder the Note, Ulltil the Note is paid in full, a sum (the IFUllds") to provide for payment of amotUlts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument 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 required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by BOlTower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called II Escrow Items. II At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Bon-ower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amotmts to be paid under this Section. BOlTower shall pay Lender the Funds for Escrow Items 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 Flmds for any or all Escrow Items at any time, Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amotUlts due for any Escrow Items for which payment of OOO'79!:: DOC #:322594 APPL #:0001701305 . -6A(WY) (0005) I!> Page 4 or 15 LOAN #:1001701305 IlIili'I"'Slvs:V Form 3051 1/01 ~J~)238 3·,i· 0001796 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 tàils to pay the amOtlllt due for an Escrow Item, Lender may exercise its rights llllder Section 9 and pay such amount and Borrower shall then be obligated lmder Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, 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 Foods in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amowlt 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, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Ftmds to pay the Escrow Items no later than the time specified under RESP A, Lender shall not charge Borrower for holding and applying the FWlds, al1l1ually analyzing the escrow accowlt, or verifying the Escrow Items, wlless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the FWlds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the FWlds. Lender shall give to Borrower, without charge, an millual accowlting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower 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 in escrow, as defmed under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly retì.md to Borrower any Funds held by Lender. 4. Charges; Liens. BOlTower shall pay all taxes, assessments, charges, tilles, and impositions attributable to the Property which cml attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mal1l1er provided in Section 3. Borrower shall promptly discharge mlY lien which has priority over this Security Instrument lUlless Borrower: (a) agrees in writing to the payment of tile obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only lUltil such proceedings are concluded; or (c) secures trom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instnmlent, Lender may give Borrower a notice identifying the lien. Within 10 DOC #:322595 APPL #:0001701305 LOAN #:1001701305 O@-6A(WY) (0005) r"iti'IS:~ l.J~ Page 5 of 15 Form 3051 1101 ~¡j~J298·3i'~ C0079~; days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Bon'ower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, 5, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insuxance. This insurance shall be maintained in the am0l111ts (including deductible levels) and for the periods that Lender requires. What Lender requires puxsuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised lUll'easonably. Lender may require BOlTower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for f100d zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. BOlTower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in cOllilection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insmance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amolUlt of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and lllight provide greater or lesser coverage than was previously in efTect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any am0l111ts disbuxsed 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 shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies 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 shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any form 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 insuxance 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 shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be lUldertaken 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 UISlll'anCe proceeds, Lender shall not be requu'ed to pay Borrower any ulterest or earnings on such proceeds. Fees for public adjusters, or other tllu"d parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of BOlTower. If the rest~ration or repair is not economically feasible or Lender's SeClU"ity would be lessened, the ulsurance proceeds shall be applied to DOC #:322596 APPL #:0001701305 LOAN #:1001701305 cD -6A(WY) (0005) @ ,,?U.vf \ hllhnl~ ~\}-J Page 6 of 15 Form 3051 1/01 .:J82?~~'¡'''''UC'd by tbi, Socuc¡ty Imlrum,"'. wh""oc 0' not th,u du,. with tho ox"',". if ",~ÇJJ.'?9S 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 iusurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, 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 lUIder Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of lUIearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amOlUlts unpaid lUIder 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, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, BOlTower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined plU·suant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, BOlTower 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. BOlTower shall be in deíàult 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 fàlse, misleading, or inaccmate information or statements to Lender (or failed to provide Lender with material information) 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 perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security lnstrunlent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security lnstrunIent or to enforce 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 rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable DOC #:322597 APPL #:0001701305 .. -6A(WY) (0005) @ Pogo 7 of 15 LOAN #:1001701305 Il1ili.I'~W~ Form 3051 1/01 ~J~)298,3~:}~ COO'79~~ attorneys' fees to protect its interest in the Property and! or rights under this SecW'ity 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 turned on or off. Although Lender may take action lll1der this Section 9, Lender does not have to do so and is not wIder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized lll1der this Section 9. Any amowlts disbursed by Lender wIder this Section 9 shall become additional debt of BOlTower secured by this SecW'ity Instrument. These amOlll1ts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to BOlTower requesting payment. If this Security Instrlll1lent is on a leasehold, BOlTower 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 merger in writing, 10. Mortgage Insurance. If Lender required Mortgage Insmance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in etIect. lt~ for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in etIect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in etIect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insmance coverage is not available, Borrower shall continue to pay to Lender the amOlll1t of the separately designated payments that were due when the insmance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refì.Uldable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-reflll1dable, notwithstanding the fàct 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 amOlll1t and for the period that Lender requires) provided by an insmer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insw'ance as a condition of making the Loan and Bon-ower was required to make separately designated payments toward the premiums for Mortgage Insmance, BOlTower shall pay the premiums required to maintain Mortgage Insurance in etIect, or to provide a non-reflll1dable loss reserve, lll1til Lender's requirement for Mortgage Insmance ends in accordance with any written agreement between Borrower and Lender providing for such termination or Imtil termination is required by Applicable Law. Nothing in tins Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimbmses Lender (or any entity that purchases the Note) for certain losses it may incm 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 insw'ance in force ÍÌ'om time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insw'er to make payments using any source of funds that the mortgage insurer may have available (which may include tlmds 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 foregoing, may receive (directly or indirectly) amOlUlts that derive from (or might be characterized as) a portion of Bon-ower' s payments for Mortgage Insmance, in exchange for sharing or modifying tile mortgage insmer's risk, or reducing losses. If such agreement provides that 311 affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance. II Fmther: (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. DOC #:322598 APPL #:0001701305 LOAN #:1001701305 lllitial"'SW~ . -6A(WY) (0005) Pago X of LI Form 3051 1/01 @ ',' ;''':_\~~,~~831·1~ \'..1 ,..'OJ"" .,J 000600 (b) Any such agreements will not atIect 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 Pmceeds; 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 satistàction, provided that such inspection 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 interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's secmÌty would be lessened, tile Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrunlent, 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 alllount of the SlllUS secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, lUlless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bon·ower. 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 immediately 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 sums secured by this Security Instrument 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 detinedin the next sentence) offers to make an award to settle a claim for damages, Borrower tàils 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 sums secured by this Security Instrument, whether or not then due, "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun 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 lUlder this Security Instrument. 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights llUder 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 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. DOC #:322599 APPL #:0001701305 LOAN #:1001701305 . -6A(WY) (0005) @ 11Iiti"I")~ Page 9 or 15 Form 3051 1/01 ~J~J2~83q~ 00080j 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 otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amOlmts less than the amOt111t 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 Bon"ower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Secm"ity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by tins 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 terms 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 Bon'ower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in tins Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees tIlat are expressly prolnbited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in cOlmection with the Loan exceed the permitted limits, tIlen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make tins refund by reducing the principal owed under the Note or by making a direct payment to BOlTower. If a refìmd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refìmd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Secm'ity Instrument must be in writing. Any notice to Borrower in cOlmection with this Security Instrument shall be deemed to have been given to BOlTower when mailed 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 unless 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 specifïes a procedme for reporting Bonower's change of address, then Borrower shall only report a change of address through that specified procedme, There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Bonower. 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 this Security Instrument is also required wIder Applicable Law, the Applicable Law requirement will satisfy H1fcco\1r:er!?g/;1&iPg requirement under th~~l,Ct1f¡~oYl~fljlP~W~t. G>. -6A(WY) (0005) @ PIt£C 10 of 15 ~ ,LOAN #:1001701305 h"I'.I",k~ Form 3051 1/01 '. ~ <\- j;? Cia r';J .'-¡ '::k \..J'~'1"""'I~a t..Jt 16. Governing Law; Severability; Rules of Construction. This Security Instnmlent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatiollS 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 contract. In the event that any provision or clause of this 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 ofthis 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 immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of 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 SeclU'ity Instrument. If Borrower íàils to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this SeclU-ity Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, BOlTower shall have the right to have enforcement of this SeclU-ity 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 might specify for the termination 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 InstrlUllent and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expellSes incurred in enforcing this Security Instrunlent, 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 SeclU'ity Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under tlris Security Instrument, and Borrower's obligation to pay the sums secured by this Security InstrlUllent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expellSes in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certiíìed 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) Electronic Flmds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remaÌ1l fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply Ì1l the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial Ì1lterest Ì1l the Note (together with this Security Instrument) 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 Instrument and performs other mortgage loan servicing obligatiollS under the Note, this SeclU-ity 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 ServiceI', Borrower will be given written notice of the change which will state the name and address of the new Loan ServiceI', the address to which payments should be made and any other information RESPA requires in connection with a 000802 DOC #:322601 APPL #:0001701305 ~ -6A(WY) (0005) @ Page II ofl5 LOAN #:1001701305 l"ili.I"~~ Form 3051 1/01 OOO~O'" ., " --PC1ìIl.J ..» f't _ c '.', '1 oiIJ......,JO ..D¡'"~ ~J.:; 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 this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, wItH 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 this paragraph, The notice of acceleration and opportunity to CtU"e given to Borrower pmsuant 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 defmed 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 formaldehyde, 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) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental 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 Environmental 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 normal 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 govenmIental 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 governmental 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. DOC #:322602 APPL #:0001701305 .. -6A(WY) (0005) @ PAge 1211f 15 LOAN #:1001701305 l"iIí'I,,~J~ Form 3051 1/01 ~~2~83~ 000804 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: ,. 22. Acceleration; Remedies. Lender shall giye 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 otherwise). 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 requÌ1'e 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. Lendel' shall be entitled to collect all expenses incurred in pursuing the remedies proyided 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 attomeys' 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 sums secured by this Security Instrument, Lender shaH release this Secw-ity Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Secw-ity Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. DOC #:322603 APPL #:0001701305 cD -6A(WY) (0005) @ Page IJ of 15 LOAN #:1001701305 IlIili.I"~~ Form 3051 1/01 ,,1,.( ,¡-:;Þ,Ü!\\;:~ :34 "fj"'...,....,JG - BY SIGNING BELOW, Borrower accepts and ngrees to the terms and COvenants con/mned in this Secnnty Instrument and ill any Rider executed by Borrower and reCOl'ded with It. ocoao!;, Witnesses: ~~lJd-- (Senl) JOSH WALSH .Borrower -a,,, ! j J¿J frENA WALSH (Seal) - Bortower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower __ (Seal) -BOrlower DOC fl:322604 0-6A(WY) (0005) cp APPL U:0001701305 Pa,. I~ or IS LO~ fl:1U0170130S Fon" 3US1 lIU1 " ""Þ<:::îlfJ¡~l"< ,";¡, I "'J ", JJ""J:. \',J",.t"-E,' ATE OF WYOMING, LINCOLN County 5S: 000806 The foregoing instrument WElS IICknowledged before me this May 3 0 , 2 007 by JOSH WALSH AND JENA WALSH My CommiSSJOD Expires: cJ~~~>~C// COUNTY OF LINCOLN 4£?~, Notary P\lbJic LORI KALAN - NOTARY PUBLIC STATE OF WYOMING My Commission Expires Feb. 26, 2011 DOC j :3~;¡605 APPL #:0001701305 GCi>-6A(wy) (ooOS) v'øolSons LOAN #:1001701305 Inhl'~ Furm 3(}51 1/01