Loading...
HomeMy WebLinkAbout930830 ,~ '~ :f:~ ,1'1" ~It ¡tþ ,¿;, 'i:,/ Ii( P'.1 " ,-,,,;;1 .. AfIItUtY_..._~.~ RECEIVED 6/29/2007 at 12:56 PM RECEIVING # 930830 BOOK: 664 PAGE: 108 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY A FIDELITY NATIONAL FINANCIAL COMPANY Recording Department 700 Cherrington Parkway Coraopolis, PA 15108 Prepared By: Li.a A lIcNahon 504 VIRGINIA DlUVE FORT 1IASSrNGTON, PA 19034 [Spøe Abave nil LIDe For Reco.....g Data) MORTGAGE DEFINITIONS ~y ì ~ Words used in multiple sections of tlùs document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain IUIes regarding the usage of words used in tlùs document are also provided in Sec;tion 16. (A) "Security Instrument" means tlùs document, which is dated Auq\18t 30, 2006 together with all Riders to this document. (B) "Borrower" is .. JBSICA lOX AND .mcoB S LOZIER I 5, VI j Ie; 7 v BOJrOwer is the mortgagor under this Security Instrument. (C) "Lender" is CDSE BANK USA, !l.A. Lender is a nationally chartered bank organized and existing under the laws of UNITED STATJl:S 01' ANUJ:CA WYOMING .single FamIy- Film" llaelFreddle MIle UNIFORM INSTRUMENT -~ (0005) k'11' PI 010115 Inlllola:r~ " VMP MCRTMGE FORN8 - lloo)521-T.I91 Farm 3051 1101 /111111111111111111 ~IIIIIII :272: FOX CB533059BB 09308~10 Lender's addœss is 200 White Clay Center Drive, Newark, DB 19711 Lender is the moItgagee undll' this Security JuslIUment (0) "Note" means the promissory note signed by BOITOwer and dated Auguet 30, 2006 The Note states that Bo1TOWII' owes Lender IIGB'1'Y SIVDl THOUSAND HD1B Bœ1J)RIJ) ¡ 00/100 Dollars (U.S. $ 87,900.00) plus interest Bo1TOwer has promised to pay this debt in RlguIar Periodic Paymenl8 and to pay the debt in fun not later than September 5, 2036 (E) "Property" mClllls the property that is described below under the heading "Transfer of Righls in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus inœrcst. (G) "lUden" means all Riden to this Security Instrument that are executed by BOITOwer. The fonowing Riders are to be executed by BOITOwer [check box IS appUcablel: D Adjustable Rate Ridcc B Condominium Rider D Second Home Rider D Balloon Rider Planned Unit Dcvelopmcot Rider D 1-4 Family Rider D VA Ridcc D Biweek1y Payment Rider D Other(s) [spClCitÿ] (H) "AppDcabJe Law" means all controlling applicable federal, state and local stDtutes, regulations, ordinaDccs and administrative rules and orders (that have the effect of law) IS wen IS all applicable fina~ non-appeslable judicial opinions, (I) "Community AuodatioD Duel, Fees, aad Aaessments" means all dues, fees, lSSessmentB and other charges that are imposed on 8oIrower or the Property by a condominiwn association, homeowners ISsociation or similar organization. (J) "EJec:trooic Funcb Transfer" means any transfer of funds, other than a tnsnsaçtioa originated by check, draft, or similar p8pfll" instrument, which is initiated through an elcctnmic œrminaI, telephonic instrument, computer, or magnetic tape so IS to order, Instruct, or authorize a fiaaaclallnsti1ution to debit or credit an account. Such term includm, but is not 1imited to, point-of-salc transfers, automllted teller machine transaçlÏons, transfers initiaœd by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow ItelDl" means those items that are dcsaibed in Section 3. (L) "MileeDaneoul Proceeds" means any compenaation, settlement, award of damages, or proceeds paid by any third party (othfll" than insurance proceeds paid under the covm¡ges described in Section S) for: (i) damage to, or deslIUction of, the Property¡ (ü) condemnation or other laking ofall or any pari of the Property; (üi) convcyBDCe in lieu of condemnation; or (Iv) misrepresentations ot; or omissions 8110, the value and/or condition of the Property, (M) "Morteage lDnraDee" means Insurance protecting Lender against the nonpayment ot; or defauh on, the Loan. ' (N) "Periodic: Payment" means the Rlgularly scheduled amount due for (I) principal and interest under the Note, plus (ü) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means 1I1e Rca1 Estate Settlement Procedures Act (12 U.S.c. Section 2601 ct seq.) and ¡Is implementing regulation, Regulation X (24 C.F.R. Part 3500), 81 they might be amended from time 10 time, or any additional or successor legislation or Rlgulation that governs the same subject 1Il8tœr. As used In this Security Instrument, "RESP A" Rlfers to aU requircmenls and restrictions that are imposed in regard 10 I "federsJly rel8ted mortgage loan" even if the Loan does not qualify 81 a "federally RlI8ted mortgage loan" under RBSP A. _"'(WY) 0006 ~~~ Farm 30IIt t/Ot Pog02a1 18 :272: CBS330S9BB FOX ~ 0 &'~..~ (,1\ r,'''~ ~~~ ',.. ~-.," ~, iJ'. ,# 0930830 ..o·1!Î\¡f'¡,,,,, "'~ "JI Ill' "tJ' ",.,' ~.'il., i;I!. (P) "Su_r In Interest of Borrower" means any party that has taken tith! to the Property, whether 01 not that party bas assumed BoITOWcr'S ob1igations under the Note and/or this Security Instrument. TRANSFER OF RIOIITS IN TIm PROPERTY This Seçurity Instrument secW'e8 to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ü) the performance of Borrower's covenants and agrecmcots under this Security Instrument and the Note. Por this purpose, BolTOwer does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the fOllowing described property located in the Cow1t:y of Lincoln [Typo of a..cmding 1uriJdIction] [Name of RoconIIn¡ Jurisdlodon] All that t:ract or parcel of land aa .hewn on Schedule "A" attached heret:o which ia inoorporated herein and made a part hereof. Pm:cl ID Number: 21161443025700 421 SAPHIRJI: STREB'!' 1ŒNIIZRER ("Property Address"): which currently has the address of [8.....1] [City] ,Wyoming 83101 [Zip Coda] TOGETHER WITH all the improvements now or hereafter erected on the property, and all eøsements, appurtcnanceø, and fixtures now or heresfter a part of the property. AU replacements and additioDS shall also be covered by this Seçurity Instrument. All of the foregoing is referred to In this Security Inscrumeat as the "Property. " BORROWER COVENANTS that Ðo1Tower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumtmmceil of record. Borrowl!I' wamnts and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TInS SECURITY INSTRUMENT combines uniform covenants for natiolUÙ use and non-uniform covenants with Iimitcd variations by jurisdiction to constitute a uniform sec:uri1y instrument covcriDg real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Esc:row Itema, PrepllyJDent Charge., and Late Charges. Borrower shall pay when due the principal of, and interest 00, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrowl!l' shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument sha1l bo made in U.S. currency. However, if any check or other instrument received by Lcndl!l' as payment under the Note or this ~~q-L -') ') L.. _.e(WY pxJ5 Po¡¡a3a1t5 Fann 3051 11111 :272: FOX CB533059HB 09a0830 security Jns1rument is rctumed to Lender unpaid, Lender may require that any or all subsequent paymeuts due under the Note and Chis Security Instrument be made In one or more of !he following forms, 88 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 Insûtuûon whose deposits are insured by a federal ageocy, instrumenta6ty, or entity; or (d) E1cctrooic Punds Tnmsfer. Pøyments are deemed received by Lender when received at !he location designated in the Note or at such otbel' locsûon as may be designated by Lender in accordance with the notice provisions in Section 1 S. Lender may returD any payment or partial payment if the payment or partial paymenta are insufJiclcDt to bring !he Loan CUITeIlt. Lender may III:Cept any payment or parûal psyment insufficient to bring the Loan current, without waiver of my rights hereunder or prejudice to its rights to refuse such payment or pm:tial paymenlB in !he future, but Lender is not obligated to apply such psyments at !he time such payments are accepted. If each Periodic Payment is appHed as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lendm' may hold such unapplied funds unûl Bonower makes payment to bring the Loan current If Bonower does not do 80 within a reasonable period of time, Lender shall either apply such funds or returD !hem to BOlTOwer. If not applied earlier, sucb funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Bonower might bave now or in the future against Lender shall relillVe Bonower from making payments due under the Note snd Chis Security Jns1rument or perfotming the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceecb. Except as otherwise described in this Section 2, all payments aecepted snd applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaibing amolDIlS shall be applied fín1 to late charges, second to sny other amounts due under Chis Security lnø1rument, and then to reduce the principal balance of the Note. If Lender receives a psyment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any psymeut received from Bonower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic Payments, such excess may be applied 10 any late charges due. Voluntary prepayments shall be applied first to my prepayment charges and then as described in the Note. Any applica1ion 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. Fundi for Escrow ItemL BolTOwer 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 amounlB due for: (a) taxes and assessments and other items wbich can attain priority over this Seçurity Jns1rument 88 a lien or encumbrance on the Property; (b) leasehold payments or ground renlB on the Property, if my; (c) premiums for any and ø,ll insurance required by Lender under Section S; and (d) Mortgage Jnsumnce premiums, if any, or sny sums 'payable by BolTOwer 10 Lender in lieu of the psyment of Mortgage Insunmce premiums in accordance With the provisions of Section 10. Tbese items are called "Escrow Items." At origination or at any time during ,the term of the Loan, Lender may require that Community Aasociaûon Dues, Pees, and AasesslllCllts,:ifmy, be escrowed by Borrower, and such ducs, fees and assessments shall be'm Esçrow Item. Bonower sJu!l1 promptly furnish to Lender all noûces of amounlB to be paid under this Section. BolTOwer ahall pay Lelider the FlIDds for Escrow Items unless Lender waives Bonower'ø obligation to pay thc Funds for any or all Escrow Items. Lender may waive BolTOwer's obligation to pay 10 Lender Funds for any or all Escrow ItemS at any tÌD1C. Any such waiver may only bc in writing. In the lIVent of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items fur which payment of _'-(WY) I\ICO&) ,/U tnØl1a""~ ,~ Fonn 30111 t/Ot P.o4a11S :272: Cl!:S33059BB !!'Ox O~~'p"l¡ ,'i! < t ~,"'. ,J .<I".f¿., 0930H30 Funds bas been waived by Lendel' and, if Lender requires, shall furnish to Lender receip1s DVideocing such payment within such dme pcdod as Lender may require. Borrower's obligation to make such payments and to provide receipts sball for all purposes be doomed to be a covenant and agreement contained in this Security Jnatrument, as !he phrase ·covenant and agreement" is used in Section 9. If Borrowel' is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay !he amount due Cor an Escrow Item, Lender may exm;ise its righ1a undel' Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may l'DVoko !he waivel' as to any or all Escrow Items at any time by a notice given in accordance wi!h Section 15 and, upon such revocation, BolTOwer shall pay to Lender all Funds, and in such amounts, !hat are !hen required under !his Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply !he Funds at !he time specified under RBSP A, and (b) not to exceed !he maximum amount a lender can require under RESP A. Lender shall estimate !he amount of Funds due on !he basis of CUII'CIIt data BIld reasonable estimates of expenditures of future Escrow Items or otherwise in accordance wi!h Applicable Law. The Funds shall be held in an institution whose deposi1a arc insured by a federal agency, instrumentality, or entity (including Lendel', if Lender is an institution whoae deposits arc so insured) or in any Fedcnl Home Loan Bank. Lender sball apply the Funds to pay the Escrow Items no 1ater than the time specified under RESP A. Lender shaI1 not charge Borrower for holding and spplying !he Funds, annually analyzing the escrow BCCOUIIt, or verifying !he Escrow ItemB, unless Lendel' pays BolTOwel' ioJercat on !he Funds BIld Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requirca intcrcat to be paid on !he Funds, Lender sball not be required to pay Borrower any interest or earnings on !he Funds. Borrower and Lender can agree in writing, however, !hat interest sball be paid on !he Funds. Lender sball give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RBSP A. If there is a sbortage of Funds held in escrow, as defined under RESPA, Lender s~ notify BolTOwer 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 paymen1a. If!hcrc is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify BolTOwer as required by RESPA, and BolTOwel' sba11 pay to Lender !he amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon ~yment in run of all sums secured by this Security Instrument, Lendel' shall promptly refund to BolTOwer any Funds held by Lender. 4. Chargaj Llau. Borrower sball pay all taxes, ussossments, charges, finea, and impositions atlributable tò !he Property which can atœin priority over this Security Instrument, leasehold paymen1a or ground rents On the Property, if any, and Community Association Dues, Fees, and Aasossmcn1a, ifany. To the extent that !hese items are Escrow ItemB, Borrower shall pay !hem in the manner provided in Section 3. Borrower sball promptly discbarge any lien whicb bas priority over this Security InSlrument unless Borrower: (8) agrees in writing to !he payment of !he obligation secured by !he lien in 8 manner acceptable to Lender, but only so long as Borrower is performing sucb agreement; (b) contes1a!he lien in good faith by, or defends agaiDst enforcement of !he lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of !he lien while those proceedings are pending, but only until sucb proceedings are concluded; or (c) secures ftom the bolder of the lien an agreement aatisfactol}' to Lender subordinating !he lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over'thia Security Instrument, Lender may give Borrower a notice identifying !he Hen. Within 10 _"(WY) (000&) :272: I'OX PIII·SoflS ~~aL ~ Fonn 30111 110t CB533059HB O.f"li If' A ~ ....0 'f ,..\~}\J'.§. ,.ii...,:t;¡~J 0930830 days of the date on wbich that notice is given, Borrower shall satisfy the lim or tab one or more of the actions set foi1h above In this SDCtion 4. Lender may m¡uire BOII'Ower to pay a onD-time charge for a real estate tax verification and/or reporting serviCD used by Lender In connDCtion with this Loan, 5. Property 1Dnrance. Borrower shall keep the improvcmenlB now cxi&ting or hCl'Dllftcr Cl'DCted on the Property insUl'Dd against loss by fire, hazards Included within the tenD "extended coverage,· and any other hazards including, but not Iimitcd to, earthquakes and floods, for which Lender requinla insurance. 'Ibis inSIl1'll11CD shall be maintained In the amounlB (including deductible 1cvc1a) and for the periods that Lender requires. What Lender requinla pursuant to the preceding sentences can change during the tenn of the Loan. The inSIl1'll11CD carrier providing the InsuranCD sbal1 be chosen by Borrower subject 10 Lender's right to disapprove Borrower's choice, wbich right shall not be exercised unreasonably. Lender may require Borrower 10 pay, In connection with this Loan, either. (a) a onD-time charge for flood zone detennination, ceI1ification and tracking services; or (b) a one-time charge for f100d zone deœnnination and ceI1ification services and subsequent charges each time remapplngs or similar changes occur wbich IC8SOD8bly might affect such detennlnøtion or ceI1ification. Borrower shaIl also be responaible for the payment of any fees imposed by tho Federal Emergency Managcmont Agmcy In connDCtion with tho review of any f100d zone determination resulting ftom an objDCtion by Borrower. If BoD'OWer fiIils to maintain any of tho covorages described above, Lender may obtain insuranco covorago, at LOI1de:r's option and Borrower's oxpense, Lender is under no obligation to purcbllSC! any particular type or amount of coverage. Therefore, such coverage shall cover Leodel', 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 might provide greater or lesser covcrago than was prDVÍously in ofl'oct. Borrower acknowledges that the cost of the insurance covenge &0 obtained might significantly exceed the cost of insuranco that BoD'OWer could have obtainod. Any amounts disbursed by Lender undel' this SDCtion S shall become additional debt of Borrower secured by t1Jjs Security Insttumcnt. Theso amounts shall bear interest at the Note rato ftom the date of disbursement and sbal1 be payable, with such Interost, upon DOtiCO from Lender to Borrower requesting paymmt. All insuranco policies required by Lender and renewals of such policies sbal1 be subjoct to Lender's right to disapprove such poücles, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additionallo&a payee. Lender shall have tho right to hold tho poliçies and renewal ceI1ificates. If Lender requires, Borrower shall promptly give to Lender all reCDipts of paid premiums and renewal notices. If Borrowel' obtains any form of insuranco covenge, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and sbal1 name Lender as mortgagee and/or as an additionaIloss payoe. In the cVent of loss, Borrower sball 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 othorwiso agree in writing, any ÌDsurance proceeds, whether or not the underlying insurmCD was required by Lcndrr, shaIl be applied to rCstoratIon or repair of the Property, If the fCstoration or repair Is economically fCIWole and Lender's seciJrlty is not lessoned. During such ropair and fCstoration period, Lender shaIl baw the right to bold such ÌDSuraDCD proceeds until Lender has bad an opportunity to inapoct such Property to DDSUI'O tho work baa been completed to Lender's satisfilcûon, provided that such inapoction shall be undertakon promptly. Lender may disburse proceeds for the ropairs and restoration In a single payment or in a sorica of progress payments as the work Is comp1ctcd. Unless an agroemont is mado in writing or Applicablo Law rcquinla intcrcøt to bo paid on such ÌDSUI'8DCC proceeds, Lender shal1 not be required to pay Borrower any Intcrost or earnings on sUch proceeds. Fees for public adjusters, or other third parties, mained by BOII'Ower shall not be paid out of the insurance proceeds and shall be the &010 obligation of Borrower. If tho restoration or ropair is not economiCally feasible or Lendcr's accurity would be lessenod, the Insurance proceeds shall be appüed to _-8(WY) (OOD5 it: Farm 3lllIt 1111t """.10115 :272: CJ:533059BB FOX o e) §"¡\ì 11 "'¡¡¡')' ..... ".. '",' :/, .J¥... H\..~ 0'930830 the sums secured by this Security Instrument, whether or not then due, with the IIXCess, if any. paid to Borrower. Such insurance proceeds shan 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 relaœd matters. If Borrower does not respond within 30 days to a notice ftom Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 31kiay period will begin when the notice is given. In either \'Vent, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to IIXceedthe amouma unpaid under the Note or this Security Insttument, and (b) any other of Borrower's righ1& (other than the right to any refund of unearned pmniwns paid by Borrower) under all insunmce policies covering the Property, insofar as sucb 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 Security Instrument, whether or not then due. 6. Oec:upancy. Borrower shall occupy, establisb, and use the Property as Borrower's principal residence within 60 days aftc:a' the execution of this Security Instrument and shall continue to occupy the Property 8S Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, whicb consent shall not be unreasonably withbeld, or unless extenuating circumsbmces exist which are beyond BorrowCl's control 7. Preservation, MaIntenance and Protection of the Property; InspectionJ. Borrower shall not destroy, damage or impair the Property, allow the Property to detmaratc or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent thD Property ftom deteriorating or decreasing in ValUD due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shan promptly repair thD Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damagD to, or the laking o~ the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender bas released proceeds for sucb purposes. Lender may disburse proceeds for thD repairs and restoration in a single payment or in a series of progress payments 8S the work is completed. If the ÌDSU11UiCD or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for thD 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 improVClllCllts on the Property. Lender shall give BorroWDl' noticD at the time of or prior to sucb an interior inspection specifying sucb rcasonablD cause. 8. Borrower's Loan Applh:atioD. Borrower shan be in default ~ during the Loan application process, Borrower or any pDnlOns or entities acting at the direction of Borrower or with Borrower's kDowledge or consent gave materially false, mislD8ding, or inaccurate information or sta1emen1s to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Matc:ria1 representations include, but are not limited to, rcprDsentations concerning Borrower's occupancy of the Property 8S Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this SeearlCy Iostrament. If (a) Borrower tilils to perform thD covenants and agrccmen1s contained in this Security Instrument, (b) there is a legal proceeding that might signif1C8Ddy affect Lender's interest in the Property and/or righls under this Secw1ty Insthunent (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture, for enforcement :of a lien which may attain priority over this Security Instrument or to enfon:c laws or regulations), ,or (c) Borrower has abandoned the Property, then Lender may do and pay for wbatever is reasonable 01.' appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, mcluding protecting and/or assessing thD value of the Property, and sDCUIÍDg and/or repairing thD Property. Lender's actions can Include, but are not limited to: (a) paying any sums secured by alien wbich bas priority. over this Security Instrument; (b) appearing in court; and (c) paying reasonable _"(WY) IIJDII5I ~~c;¡L ~')( Fonn 3051 1/Ot p"g.7of1& :272: !'OX CKS330S9BB 00;1""..." "11 i{L 'j , '.'::ï \~ [-I, . ¡,~,.'. ," .. ","" ',. ¡,. 09~i0830 nfi~r~"n ~ S; ....... .~.. ....1 ' ...JL oil attorneys' fees to proœct ils interest in the Property and/or righls under this Secwity Instrument, inçluding ils secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, eDtering the Property to maIœ repair:s, change locks, replace or board up doors and windows, dram WIIÙ!I' ftom pipes, elilninau.l building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not UDder any duty or ob6gation to do so. It is agreed that Lender incurs no Iiabi6ty for not taking any or all actions authorized under this Section 9, AJ1y amounts disbursed by Lender under this Section 9 shall become additional debt of Bon'ower secured by this Security Instrument. These amounts shall bear interest at the Noœ rate fiom the date of disbursement and shall be payable, with sucb interest, upon notice tram Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower sball c:omply 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 IDs1Irlllœ00 If Lender required Mortgage Insurance 88 a condition of making the Loan, Bonower shall pay the premiums required to maintain the Mortgage Insurance In effect. It; for any reaaon, the Mortgage IIISU11IIIc:e coverage reqUÍRd by Lender ceases to be available tram the mortgage iDaurer that previously provided suc:h insurance and Borrower was required to maIœ sepa1'8tcly designated paymeaIB toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain c:overage substantially equivalent to the Mortgage Insunmc:e pRViously in effect, at a c:ost sublstantially equivalent to the cost to Bonower of the Mortgage Insurance previously In effect, ftom an aItcrnalc mortgage insurer selected by Lender. If substantially equivaleDt Mortgage Insuranc:e coverage is not available, BOD'OWer shall continue to pay to Lender the amount of the separately designated payments that were due wbeD the InSlU8llce coverage ceased to be in effect. Lender will øc:cept, use and retain these payments 88 a non-refundable loss reserve in 6eu of Mortgage Insuranc:e, Suc:b 1088 reserve sball be non-refundable, notwithstanding the fact that the Loan is u1timatcly paid In full, and Lender sball not be required to pay Borrower any interest or eamings on suc:b 1088 reserve. Lender can no longer reqUÍR loss reserve payments if Mortgage Insurance c:overage (in the amount and for the period that Lender reqUÍRs) provided by an insurer selected by Lender again becomes available, is obtaiDed, and Lender requires separately designated payments toward the premiums for Mortgage Ins\lI1lllc:e. If Lender required Mortgage Insuranc:e 88 a condition of making the Loan and Borrower W88 requJred to maIœ separately desigaated paymeDts toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insuranc:e in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in aa:ordanc:e with any wriUen agreemønt between Bortower and Lender providing for sucb termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's ob6gation to pay intel'est at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purc:bases the Note) for cer1ain losses it may incur if Borrower does not repay the Loan 88 agreed, Borrower is not a party to the Mortgage InsUI80ce. Mortgage insUlerS evaluate their total risk on all such insurance in forc:c from time to time, and may enter into agreements with other parties that share or modifY their risk, or reduce losses, These agreanents are on terms and' c:onditioDS that are satisfàctory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may reqUÍR the mortgage insurer to make payments using any source of funda that the mortgage insurer may have available (whic:b may include funds obtained from Mortgage Insurance premiums). At¡ a result of these agreements, Lender, any purcl1aser of the Note, another iDaurer, any reinsurer, any other eDtity, or any affiliate of any of the foregoing, may receive (directly or Indirectly) amounts that derive ftom (or migbt be c:l1aracterizM 88) a portion of Bonower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk. or reduc:ing 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, the lIII1IIl8en:1ent is often termed "c:aptive reinsuranc:e." Further; (a) Any such agreemeuts wI1l not affect tbe amounts that BolTOWer baa agreed to pay for Mortgage w1Inmee. or uy other temu of the Loan. Such agreements wI1l not Increue the aJD01IIIt Borrower wi) owe for Mortgage Insurance, and they wD1 not eotitle Borrower to any nfllmL _"(WY) IJOO& .~ Fann Hilt 1IDt Poge laf 15 :272: a533059HR lOX 0930S30 o ,0. fr~ ~f, ....~ iJ~' ..... 'tJ .....' ~, ,;.J,. ~';J,' (b) Any such agreemeDts will Dot affect the rights Borrower haJ - ( my - with respect to the Mortgage lDJunmee uDder the Homeowaen ProtectioD Act of 1998 or my other law. TheM rights may Include the rigid to receive certain dlsc:losures, to request md obtain CIUIeeDatloD of the Mortgage wurauce, to have the Mortgage wunDce terminated automaticaDy, and/or to re&:eive a refund of all)' Mortgage 1000nDce premJulDl that were unearned at the time of such CIUIcelaUoD or termbaatloa. 11. Aulgnmmt of MlsceUaaeous Proceeds; Forfeiture. All Miscellaneous Proceeds BI'e hereby assigned to and shell 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 feesible and Lender's security is not lessened. During such repair and restoration parlod, Lender shall have the right to hold such Misce1lmcous Proceeds until Lender has had an opportunity to inspect such Property to ensuro the work has been completed to Lendar's satisfåclion, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single diøbursement or iu a sarles of progress payments as the wort is compJcœd. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Procoods, Lender sbaJl not be required to pay Borrower any inœrest or earnings on such Miscellaneous Proceeds. If tho restoration or repair is not economically feasible or Lender's security would be 1c&sened, the Miscellaneous Proceeds sbaJl be applied to the sums secured by this Security Ins1rument, whether or not then due, with the excell, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied m the ordcr provided for in Section 2. In the event of a total taldng, destruction, or loss in value of the Property, tho Miscellanêous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, jf any, paid to Borrower. In the event of a partial taking, destruction, or lOll in value of the Property in which the fair mar:Jœt value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument inunediately before the partial taking, destlUction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrummlt shall be reduced by the amount of tho Miscellaneous Proceeds multiplied by the following fhu:tion: Ca> the total amount of the sums secured immediately before the partial taking, destruction, or loll in value divided by (b) the fair market value of the Property immediately before the pørtial taking, destruction, or loss in valuc. Any balance shall be paid to Borrower. In the event of a partial taking, destJ:uction, or loss in value of the Property in which the fair mar:Jœt value of the Property immediately before the partial taking, destruction, or loss in value is less than tho amount of the sums seçured immediately before the partial taking, destruction, or loss in value, un1css Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sbaJl be applied to the sums secured by this Security Instnunent whether or not the sums BI'e then due. If the Property is abandoned by Borrower, or it; after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) otTers to make an award to sottIe a claim for damages, Borrower fails to respond to Lmdrr within 30 days after the date the notice Is given, Lender Is authorized to coUect and apply the Misce1lmcous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instiumont, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellanooua Proceeds or tho party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in defilult jf any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or othrr matcda1 impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has OC<:UITed, reinstate 88 provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, ip Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Ins1rument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are he:roby assigned and sbaJl be paid to Louder. 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. -. 08(WY) (OOa6 ~' .~' .' In"'" ~S"1L Fonn 3OfI1 1101 Pog.8of1S :272: FOX CB53305~BB O~Kj083U ,n.n,'1"~,_ ~ ~ I UIi.Pf"r, A. ;/ 11. Borrower Not Releaaed; Forbeanmce By Lender Not . Walnr. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Boaower or any Successor in Intcl'cst of Borrower shall not operate to release 1I1e liability of Borrower or any Sut:ceBIIOI'II in Interest of Borrower. Lender shall not be required to commence proceedings against any Suœessor in Interest of Borrower or to refuse to extend time for paymcot or 01l1cr:wise modi1ÿ amortization of 1I1e sums secured by this Security Instrument by reason of any demand III8de by the original Borrower or any Successors in Interest of Borrower, Any forbcerance by Lender in exercising any right or remedy inchuling, without limiJation, Lender's acccpfmlce of payments fiom third persons, cntilics or Successors in Interest of Borrower or in amounlll 1ess 1I1an the amount then due, shall not be a waiver of or preclude 1I1e exercise of any right or remedy. 13. Joint and Seven! IJabUlty; Co-aigDen; SueeellOn and AaalgDI Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several However, my Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's intcl'cst in the Property und« the tams of this Security Instrument; (b) is not penonally obligated to pay 1I1e sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to cxtcIId, modify, forbear or make any aocommodations wi1l1 regard to 1I1e terms of this Security Instrument or 1I1e Note without 1I1e co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who usumes Borrower's obligations und« 1I1is Security Ins1rument in writing, and is approved by Lender, 8haIl obtain all of Borrower's righl8 and bcnefilll under 1I1is Security Instrument. Borrower sball not be released from Borrower's obligations and liability under 1I11s Security Instrument unless Lender agrees to such release In writing. Tbe covenanl8 and agrecnnents of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and aasigns of Lender. 14. Loan Charga. Lender may cbarge Borrower fees for servicea performed in connection with Borrower's default, for the purpose of prot«1ting 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 this Security Instrument to charge a specific fee to Boaower shall not be construed as a prohibition on 1I1e charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law whicb sets maximum loan cbarges, and that law is finally interpreted 110 that 1I1e intI!rest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the BIIIOunt necessary to reduce the charge to the permitted limit¡ and (b) any sums already collected fiom Borrower which exceeded permitted Jimits will be refunded to Borrower. Lender may cboose to make this refund by reducing 1I1e principal owed under the Note or by making a direct payment to Borrower. If a refund reducea principal, the reduction will be treated as a partial prepayment without any prepayment cbarge (wbether or not a prepayment charge is provided for under the Note). Borrowefs aœcptance of any such refund made by direct paymeut to Borrower will constitute a waiver of any rigbt of action Borrower migbt bave arising out of such overcharge. 15. Notleel. All noticea given by Borrower or Lender in connection with this Security Instru.ment must be in writing, Any notice to Borrowa- in connection with this Security Ins1rument shall be decm1cd to have been given to Borrower wben mailed by first clas& mail or when actuaIIy delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expœssly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifiea a procedure for reporting Borrower's change of address, then Borrower shall only report a cbange of addRss through that specified procedure. There may be only one designated notice address under this Sccurlty Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Leuder's address stated herein unless Lender bas designated another addRss by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to bave been given to Lender until actually received by Lender. If any notice required by this Security Instniment is also required under Applicable Law, 1I1e Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. ""[WY) (IID06) ,,-'00115 :272: Ii"OX a~ ~~~ CBS330S9BH Farm 3051 11111 0930830 Hi. Governing Law; Severability; RaJes of ConatructioD. ThIs Security IDstrument shall be governed by fedora! law and the law of the jurisdictioD in which the Property is located. All rights and obHgationa CODÞùned ÍD this Security Ins1rument are subject to any requirements and limitaIions of App6cable 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 88 a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note coDflicts with App6cable Law, such coDflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflictiDg provision. AA used in this Security Instrument: (a) words of the masculine gender shall JneBII and include couespODdiDg neuter words or words of the feminine gender; (b) words in the singular shall JneBII IDd include the plural and vice versa; and (c) the word "may· gives sole discretion without any ob1igaûon to take any action, 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. 'I'raDlfer of the Property or a BeDetklal Intend In Borrower. As used ÍD this SectiOD 18, "Jn1ereat in the Property" means any legal or beneficial interest in the Property, inc1udiDg, but not limited to, those beneficial ÍDtereats trBnsfcrred in a bond for deed, contract for deed, installment salea conttact or esaow agreement, the inœnt of which is the 1nmsfer of title by Borrower at a futuIc dBtc to a purchaser. If all or any pBIt of the Property or any Interest ÍD the Property is sold or 1nmsferre<i (or if Borrower is not a DBtural pc:rsou and a beneficial intemlt in Borrower is sold or 1nmsferre<i) without Lendcr's prior written coflsent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exen:ised by Lender if such exen:iso is prohibited by Applicable Law. If Lender ~es this option, Lender shall give Borrower notice of acçeleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fiúls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Ins1rument without furtIu:£ notice or demand on Borrower. 19. Borrower's Rigid to Reinstate After Aeceleratlon. If Borrower meets certain CODditions, Booower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the ear1iest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Ins1rument; (b) such other period 88 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 arc that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note 88 if no w:celeration had oa:urredõ (b) cures any default of any other covenants or agreemen18;- (c) pays all expeuses inCWTed in enforcing this Security Instrument, including, but not limited to, reasonable øttorneys' fees, property inspection and valuation fees, and other fees incUJred for the purposo of protecting Lender's interest in the Property and righ18 under this Security Instrumeot; and (d) takes such action 88 Lender may reasonably require to asøUIe that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Iostrument, shall continue unchanged. Lander may require that Bo1TOwer pay such reinstatmnent sums IDd expenses in one or more of the foUowing forms, 88 solected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's chd: or cashier's check, provided any such check is dmwn upon an institution whoso deposit¡ are insured by a federal agency, instrumentslity or entity; or (d) Blec1ronic Funds Transfer. Upon reinstatement by Borrower, this Security Jnsttument and obligations secured hereby shall remain fully effective as if no acceleration had occwred. Rowevel', this right to reinstate øhall not apply in the case of w:celeration under Section 18. 20. Sale of Note; Change of Loan Sarvlcer; Notice of Grievance. The Note or a partial interest in the NolO (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale mightresult in a change in the entity (known 88 the "Loan Semcer") that collects Periodic Paymenls due under the Note and this Security Insttument and performs olber mortgage loan semcing obHgations under the Note, this Security Instrument, and Applicable Law. There also might be one or mon: changes of the Loan Serviccr unrelated to a sale of the Note, If there is a change of the Loan Servicer, Booower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which pll)'llleD18 should be made and any other information RESP A requires in connection with a _oI(WY (OOOIi Q:f -~ Farm 3051 1101 Pogo 11 oflS :272: rox CJ:533059BH \0,'11"1; ~ 't"'R ,f\\) r",) l.r' \~1·:.~·~,· .r ~.. ..,!' 093083U notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicei' other than the purohasa' of the Note, the mortgage loan servicing obligations 10 Borrower will remain with the Loan Servicer or b., transferred to a successor Loan Servicer and arc not l18811IDod by the Note pun:baøer UnlCISII otherwise providod by the Note pll1'Chaser. N.,ither BoD'OWIII' nor Londer may COJI]JMIlce, join, or be! joined to any judicial action (as either an individual litigant or the member of a class) that arises ftom the other party's açtjOIll punruant to thia SccuriIy In81rumeDt OJ,' that alleges that the other party has breached any provision ot or any duty owod by mI80D ot this Security Instrument, until such Bonower or Leader has notified the other party (with such DOtice given in compliance with the requirements of Section 1 S) of such alleged bre8cb and afforded Ibe other party hereto a reasonable period after Ibe giving of such notice to take corrective action. If Applicable Law provides a ûmc period which must elapøe before certain açtjon can be taken, that ûmc period will be! deemed 10 be! reuonable for purposes ofÜlill paragn¡pb. The notice of accckntion and opportunity 10 cure ¡iven to BoIrower pursuant 10 Section 22 and the notice of acce1eration ¡ivcn to BOD'Ower plll'llWlllt to Section 18 shall be deemed to satisfY the notice and opportunity to take corrective açtjon provisions of ÜIiII Section 20. 21. HazanlOUI Substances. AJ used in this Section 21: (a) "Hazardous Subsœnces" arc those substances defined as toxic or hazstdous substances, pollutants, or wastes by BnvironmenlaI Law and the following substances: gasoline, kerosCl1C, other flammable or toxic petrolcwn products, toxic pesticides and herbicides, volatilc solvcnts, materials containing asbestos or formaldehyde, and radioactive malerials; (b) "Environmental Law" mClU15 federal laws and laws of the jurisdiction wbere the Property is Io<;ated that relate to hcaIth, safety or environmenlaI prolcctionj (c) "Environmental Cleanup" includes any response action, remcdial action, or removal action, as dermed in EnvironmenlaI Law; and (d) an "EnvironmeotaI Condition" means a condition that can cause, contribute to, or otherwise trigger an BnviromnenlaI Cleanup. Bonower shaU 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 Enviromnental Law, (b) which cmItc'8 an Bnvironmen1al 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 precediDg two sentences sIuill not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and 10 maintenance of the Property (including, but not limited to. hazardous substances in consumer products). Borrower shall promptly ¡ive Lender written notico of (a) any inveatigation, claim, demand, lawsuit or other action by any governmcntal or regulatory agency or private party involving the Property and any Hazardous Substance or EnvironmenlaI Law of which Borrower bas actual laJowledge, (b) any EnvironmentàJ. Condition, including but not limited to, any spilling, leaking, discbarge, release or threat of release of miy Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Sùbstance whicb adversely affects the value of the Property. If Bonower 1œmø, or is notiðed by any governmen1al 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 RIDedial actions in acéordance with Enviromnental Law. Nothing herein shall create any obligation on Lendar for an Enviromnental Cleanup. ....(WY) ¡111106) ~~(Jt" ~ Fann 3Cl!1 11111 Pogo 1201 15 :272: CBS33059BR lOX .n...n, f'" . Þ) r Ii ¡;1, "....r, ..,,¡¡ '"i'J "'... '1.. ...f ~I ....il. ....J' 0930830 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree u foUows; 22. Acceleration; Remedies. Leader IhaD give notice to Borrower prior to acceleration foUowing Borrower's breach of uy covenant 01' agreement 10 this Secority IJutrument (but not prior to aeceleratlonlUlder Section 18 uoless Appleable Law provides otherwlle). The notice shaD spedfy: (a) the default; (b) the action required to core the default; (c) a date, lIot less than 30 clays from the date tlte notice b given to Borrower, by wl1Jch the default must be cored; and (d) that failure to care the default on or before the clate spedßed 10 the noUce may result In acceleration of the IIUIII aeeured by this Security Iutrument and sale of the Property. The notice shaD further inform Borrower of tbe rigltt to refutate after ac:eeleratloll and tlte rigltt to brio¡ a court aet1ol1 to usert the noo-edstenee of a default or any other defenle of Borrower to acceleration and saJe. If the default II not cured on or before tlae date apec:if'n:d in the IIOtlee, Leader at Its optiou may reqnire Immediate payment in fuD of aU sums secored by this Security Instrument without further demand and may Iovoke the power of sale and any other remedfea permitted by AppUcable Law. Leader shaD be entitled to coDeet an expensa incomd ia pumiag tlte remedies provided In this SectIolI 22, ineluding. but not limited to, reasonable attorneys' r_ and costs of title evidence. If Leader invokes the power of sale, Lender shall give notice of mtent to foreclose to Borrower ud to tlae penon 10 possession of tlte Property, II' different, ia accordance wltlt AppUeabJe Law. Leader shall give notice of the sale to Borrower ia the manner provided 10 Sec:tion 15. Lender shaD pubUslt the notlee of sale, and tlte Property shall be sold 10 the manner prescribed by AppUcable Law. Lender or Its designee may purc:hue the Property at any sale. The proc:eeds of the sale shaD be appDed ia tlte foUowln& order: (a) to aU expenses of the sale, iac:ludln¡, but not limited to, reuooable attorneys' f_; (b) to al sums secured by this Security Instmment; and (c) any excess to the penon or penons Je¡aDy entitled to It. 23. Rdeaae. Upon payment of all sums sccured by this Security 1Dstrument, Lender &ball ~Iease this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fae for releasing this Security Instrument, but only If the fee is paid to a 1hJrd party for services rendered and the charging of the fae is pennitted under Applicable Law. 24. Waivers. Borrower ~Ieases and wBives all rights under and by virtue of the homestead exemption laws of Wyoming. _-8(WY (tIDo6 ~~r;)I ~ Farm 30111 11111 "-130115 :272: !fOX cr:533059HR OO~)~~ 2~j) 09.]083U BY SIGNING BELOW, Borrower acœpls and agrees to the terms and coycmanls con1aiDed in this SIICuri1y Ins1rumcnt and in any Rider CXlICutcd by Borrower and 1'IICOrded with it. WilDlISses: ~(IIOOð :272: !'OX (Seal) -Bom>wer (Seal) -Borrower (Seal) -Borrower 1~ C i"<;;/tlL ' ~ CA !'OX (/ JÞf¿~ s J:n P8Ge 14d 15 c:z533059BB (Seal) -BoJro_ (Seal) -IIomJwar (Seal) -Borrow« (Seal) -Borrowor (Seal) -Bonuwa: Form 30111 11111 ~ ~"I.lr:), "1\ "),' ,ft· 'i..'!'"..1'\".i:'" ~. ,~,}._ \:¡.. 0930S30 STATE OF WYOMING, JThe foregoing insIrument was acknowledged before me this by ''€b''ICófDK a.v.4 J(l<~ob 3. My Commission Expires: () {- d ~ -0 (.1 L ~\e ð I ÍI) County II: AlJÇjrJ5t' 3ô1ß- ;)ðtJ b l-o z... i err _h", ~,~ _ -ð(WY) (OOD6 PIg. 1501 15 : 272 : FOX ~ Form 3051 1101 CB533059BR f);,,,,,,l'~"11 ''7'..../) t,.. Iii}: -1." !j "" t'"",,, EXHIBIT "A" 0930830 The land referred to in this policy is situated in the State of WY, County of LINCOLN, City of KEMMERER and described as follows: 0: ,11' (1"0:. .'~ "]>' (, ¡./~.. ......t. '6. ·~1~'.~~ THE WESTERLY 43 FEET OF LOT 1 AND THE WESTERLY 43 FEET OF THE SOUTH 27 FEET OF LOT 2 OF BLOCK 3 TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING BEING PART OF THE LAND CONTAINED IN WARRANTY DEED RECORDED SEPTEMBER 18, 1973 IN BOOK 107PR ON PAGE 182 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. APN 21161443025700 Short Form Commitmènt.nil (AL050401) Page 5 of 5