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HomeMy WebLinkAbout934414 4t L C¡ tl ",\ t; 6010716039 After Rocordmg Return To COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By REBECCA MCBEE RECEIVED 10/29/2007 at 3:28 PM RECEIVING # 934414 BOOK: 677 PAGE: 22 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000022 [Spac~ Above This Line For Recording Data] 6010716039 [Escrow/Closing #) 00018178142310007 [Doc ID #) MORTGAGE MINI001337-0002694207-1 DEFINITIONS Words used m multIple sections of thIS document are defined below and other words are defined m SectIons 3, 11, 13, 18, 20 and 21. Certain roles regardmg the usage of words used 111 thIS document are also provided 111 SectIon 16 (A) "Security Instrument" means thIs document, whíchIs dated OCTOBER 26, 2007 all Riders to thIS document. (B) "Borrower" IS RUTH M WOOD together with Bon-ower IS the mortg~gor undcr thIS SecurIty Instrument. (C) "MERS" IS Mortgage ElectronIc RegIstratlOn Systems, Inc. MERS 11) a separate corporatIon that IS acting solely as a nommee for Lender and Lender's succeSSOrs and assIgns. MERS is the mortgagee under tJûs Security Instrument. MERS IS organized and eXIsting under the laws of Delaware, and has an address and telephone number ofP.a. Box 2026, Flmt, MI 48501-2026, tel. (888) 679-MERS, (D) "Lender" IS Countrywide Bank, FSB. Lender IS a FED SVGS BANK organl7"cd and eXlstmg under the laws of THE UNITED STATES Lender's address IS 1199 North Fairfax St. Ste.SOO, Alexandria, VA 22314 (E) "Note" means the promIssory note sIgned by Borrower and dated OCTOBER 26 r 2007 . The Note states that Borrower owes Lender NINETY NINE THOUSAND and 00/100 Doll~U's (U.S. $ 99,000.00 ) plus mterest. BOITowerhas promIsed to pay tlus debt 111 regular PenodIC Payments and to pay the debt 111 full not later than NOVEMBER 01, 2037 (F) "Property" means the property that IS described below under the heading "Transfer of RIghts 111 the Property " (G) "Loan" means the debt evjdenced by the Note, plus mterest, any prepayment charges and Jate charges due under the Note, and aU sums due under tb,s SecurIty Instrument, plus Interest WYOMING-Single Family-Fannie Mae/Freddie Mac UNiFORM INSTRUMENr WITH MERS M Mortgage-WY 2006A·WY (06/07)(d/i) Page 1 of 10 Form 3051 1/01 *23991* ~ .000023 DOC ID #: 00018178142310007 (H) "Riders" means aU Riders to thIs Secunty Instrument that are executed by Borrower. The fo11owmg Riders are to be executed by Borrower [check box a<; applIcable]; o Adjustable Rate Rider 0 Condommmm Rider D Second Home Rider o Balloon Rider OPlanned Unit Development Rider 0 1-4 Family Rider o VA Rider 0 BIweekly Payment Rider 0 Other(s) [specify] (I) "AppJicablc Law" means all controlhng apphcable federal, state and local statutes, regulatIons, ordmances and adminIstratIve IlIles and orders (that have the effect of law) as well as a11 apphcable final, non-appeaJable JUdJCla1 opmlOns (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are Imposed on Borrower 01' the Property by a condommmffi assocJatlOn, homeowners a<;soclatIon or sImilar orgamzatlon. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transactIOn ongmated by check, draft, or ~J1mìlar paper mstmment, which is miuated tln'Ough an electromc te.rmmal, telephomc Instrument, computer, or magnetIc tape so a<; to order, 1llstruct, or authorize a financial mstttuuon to debIt or credit an account. Such term mcludes, but I,,) not lImIted to, }JQmt-of-sale transfers, automated teller machme transactIons, transfers mittated by telephone, WIre transfers, and automated c1eannghouse transfers (L) "Escrow Items" means those Items that are described m SectJon 3. (M) "Miscellaneous Proceeds" means any compensatIon, settlement, award of damages, or proceeds paid by any thud party (other than Insurance proceeds paid under the coverages described In SectIon 5) for: (i) damage to, or destructIon of, the Property; (li) condemnallon or other takmg of aJI or any part of the Property; (iii) conveyance 10 heu of condemnatIon; or (IV) mIsrepresentatIOns of, or omISSIons as to, the value and/or condiuon of the Property (N) "Mm·tgage Insurance" means lllSUl'anCe protectIng Lender aga.lllst the nonpayment of, or default on, the Loan (0) "Periodic Payment" means the regularly scheduled amount due for (i) pnncIpal and mterest under the Note, plus (ii) any amounts under SectIon 3 of thIS Secunty Instrument. (P) "RESPA" means the Real Estate SettJement Procedures Act (12 V.S.C. SectIon 2601 et seq.) and Its nXipJememmg reguJatIOn, RegulatIOn X (24 C.F.R. Part 3500), as they mtght be amended froID tune to bme, or any additional or successor legislatIOn 01' regulatIOn that govems the same subject matter. As used ill tills Secuflly Instrument, "RESPA" refers to all reqmremenlS and restnctlOns that are Imposed ill regard to a "feder~ùly related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A (Q) "Successor in Interest of Borrower't means any pillty that has taken title to the Property, whether or not thut party has a<;sumed BOlTower's oblIgatIOns under the Note and/or thIS Security InsU'Ument TRANSFER OF RIGHTS IN THE PROPERTY ThIS Secunty Instmment secures to Lender: (í) the repayment of the LO!ìn, and all renewal'), extensiOns and modificatIons of the Note; and (ii) the performance of Borrower's covenants and agreements under thIS Security Instll1ment and the Note. For thIs purpose, BOll'ower does hereby mortgage, grant and convey to MBRS (solely as nomInee for Lender and Lender's successors and assIgns) and to the successors illld a~sIgn.,> of lvIERS, with powel' of sale, the foJIowmg described property located ill the COUNTY of [Type of RecordIng JunsdlCtIon] SEE ATTACHED EXHIBIT A LINCOLN [Name of Recordmg Junschcuon] Parcel ID Number: 12-2116-23-2-02- 0 1 7 00 whIch currently has the address of 1801 A GARNET! KEMMERER [Street/City] Wyomwg 83101 [ZIP Code] ("Property Address"). TOGETHER WITH aU the Improvement') now or hereafter erected on the property, and all easements, appurtenances, and flxl-ures now Or hereafter a part of the property. AU replacements and addihOns shall also be covered by thIS Secunty Instrument All of the foregomg IS refelTed to III thIS Security InStrument as the M Mortgage-WY 2006A-WY (06/07) Page 2 of 10 Form 3051 1/01 Ør 000024 DOC ID #: 00018178142310007 "Property " Borrower understands and agrees that MERS hold<; only legal title to the mterests granted by Borrower m this Secul'lty Instrument, but, if necessary to comply with law or custom, MERS (as nommee for Lender and Lender's successors and assIgns) has the nght: to exerCIse any or all of those mterests, mcludmg, but not hmlted to, the nght to foreclose and sell the Property; and to take any acb.on requlted of Lender mcludmg, but not lamited to, releasmg and cancehng thIs Secunty Instrument. BORROWER COVENANTS that Borrower IS lawfully seISed of the estate hereby conveyed and has the nght to mortgage, grant .and convey the Property and that the Property IS 1Ulencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property agamst aU chums and demands, subject to any encumbrances of record. THIS SECURI1Y INSTRUMENT combllles unifonn covenants for natIonal use and non-unjfonn covenanls with hmited varmtIOns by JunsdlCtlon to conshtute a 1Uliform secunty mstrument covenng real properlY UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shan pay when due the prmcIpal of, and mterest on, the debt evidenced by the Note and any prepayment charges and late charges due 1Ulder the Note. Borrower shall also pay funds for E~crow Items pursuant to Section 3. Payments due under the Note and thts Secunty InstTllIIlent shall be made m U.S. currency However, if any check or other mstroment received by Lender as payment under the Note;} or flus Secùl'lty Instrument IS returned to Lender unpaid, Lender may reqUJl'e that any or all subsequent payments due under the Note and [hIS Secul1ty Instrument be made m one or more of the followmg forms, as selected by Lender:(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or caslue1"s check, provided any such che·ck IS drawn upon an mstlllltlon 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 10catJon desIgnated In the Note or at such o[her locatIon as may be designated by Lender m accordance with the notice provislOns In SectIOn 15. Lender may return any payment or partial payment if the payment or partial payments are msuf.ficlent to br]ng the Loan current. Lender may accept any payment or partial payment InsufficIent to brmg, the Loan current, without waIVer of any nghts hereunder or preJudlCe to its nghts to refuse such payment 01' part1al payments JI} the future, but Lender 18 not oblIgated to apply such payments at the tune such payments are accepted, If each Penodlc Payment 18 apphed a~ of Its scheduled due date, then Lender need not pay mterest on unapphed funds. Lender may hold such unapphed f'Unds until Borrower makes payment to bnng the Loan Cllrrent. If Borrower does not do so wilhm a reasonable pel'10d of hme, Lender shall either apply such funds or return them to Borrower. If not apphed earlier, such fl1nds will be apphed to the outstandmg prIncipal balance under the Note 1ITnneclJately pnor to foreclosure. No offset 01' claim WhICh Borrower mIght have now or In the future aga.mst Lender shall relieve Borrower from makmg payments due 1Ulder the Note and th]s Secunty Instrument or performmg the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwIse described In thIs Sechon 2, all payment') accepted and applied by Lender shall be applIed ill the followmg order of pnority: (a) mterest due under the Note; (b) prmcIpal due under the Note; (c) amounts due under Sectlon 3. Such payments shall be applied to each PenodlC Payment in the order m which It became due, Any remamrng amounts shall be apphed first to late charges, second to any other amounts due under thiS Secunty Ins1rument, and then to reduce the prmcIpal balance of the Note If Lender receIves a payment (rom Borrower for a delmquent Pen OdIC Payment whIch mcludes a sufficient amounllO pay any late charge due, the payrn~nt may be appJied to the delmquent payment and the late charge. If more than one PerIOdIc Payment IS outstandmg, Lender may apply any payment receIved from Borrower to the repayment of the Pen OdIC Payments if, and to the extent that, each payment can be paid ill full. To the extent that any excess eXists after the payment IS apphed to the full payment of one 01' more PenodlC Payments, such excess may be applIed to any late charges due. Voluntary prepayments shaJl be apphed first to any prepayment charges and then as de..~cribed III the Note. Any appltcalIon of payments, 1llSurance proceed~, or MlsceIIaneous Proceeds to pnncIpal due under the Note shaJI not extend or postpone the due date, or change the amount, of the Penodtc Payment'). 3. Funds for Escrow Items. Borrower shall pay to Lender on the day PerIOdIC Payments are due under the Note, until the Note IS paid ill full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessment~ and other Items which can attam pnority over thIS Security Instrument as a lIen or encumbnmce on the Property; (b) leasehold payments or ground rent~ on the Property, if any; (c) premrums for any and all lfi,')urance requIred by Lender under SectIon 5; and (d) Mortgage Insurance premlUms, if any, or any sums payable by Borrower to Lender m beu of the payment of Mortgage Insurance premmms 111 accordance with the provisIOns of Section 10. These Items are caned "Escrow Items." At ongmatIon or at any tLme.dunng the term of the Loan, Lender may requIre that CommunIty Assocratlon Dues, Fees, and Assessment'), if any, be escrowed by Borrower, and such dues, fees and assessment~ shall be an Escrow Item Borrower shan promptly fW'nish to Lender all notices of amount~ to be paid under thIS Sectlon. Borrower 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 Funds for any or aJl Escrow Items at any tune. Any such waiver may only be In wrilmg. In the event of such waiver, Borrower shall pay duectly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waIved by Lender and, if Lender l'eqUJres, shaJl furnish to Lender receipts evidencmg such payment withm such time penod as Lender may reqUire. BOll'ower's obligatIon to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement con tamed In thIS Secunty Instmment, as the phrase "covenant and agreement" IS M Mortg¡¡ge-WY 2006A·WY (OSlO?) Page 3 of 10 Form 3051 1/01 w 000025 DOC ID #; 00018178142310007 used In SectIon 9. If Borrower IS oblIgated to pay Escrow Item,> duectly, pursuant to a waxver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exerCIse Its nghts under SectIOn 9 and pay such amount and BOlTower shalI then be obJigated under SectIon 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or aU Escrow Items at any time by a notice glVen m accordance with Se.ction 15 and, upon such revocatIOn, Borrower shaU pay to Lender all Funds, and m such amounts, that are then reqwred lUlder this SectIon 3, Lender may, at any tHue, collect and hold Funds m an amount (a) sufficIent to permit Lender to apply the Funds at the time specified under RESPA, and ~D) not to exceed the maximum amount a lender can reqUlre under RESP A. Lender shall estimate the amount of Funds due on the basIs of current data and reasonable estimates of expenditures of f1ltu1'e Escrow Items or otherwIse m accordance with ApplIcable Law The Funds shall be held m an mstltutIon whose deposits axoe msured by a federal agency, mstrumentahty, or entIty (mc1udmg Lender, if Lender IS an mshtutIon whose deposIts are so Insured) or 10 any Federal Home Loan Bank. Lender shaU apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holdmg and applYing the Funds, ann.ually analyzmg the escrow account, or verifymg the Escrow Items, unless Lender payi; Borrower mterest on the Fund') and ApplIcable Law permits Lender to make such a charge. Unless an agreement is made m writmg or Apphcable Law reqUlres mterest to be paid on the Funds, Lender shall not be reqwred to pay Borrower any mterest 01' earnmgs on the Funds. Borrower and Lender can agree In writing, however, that mterest shall be paid on the Funds. Lender shall gIve to Bon-ower, without charge, an annual accolUltmg of the Funds as reqwred by RESP A If there IS a surplus of Funds held 111 escrow, as defined under RESPA, Lender shall account to Borrower for the excess f1Jnds In accordance with RESP A. If there 1S a shortage of Funds held In escrow, as defined under RESPA, Lender shaH notify Borrower as reqUIred by RESPA, and Borrower shan pay to Lender the amount necessary to make up the shortage m accordance with RESP A, but In no more than 12 monthly payments. If there IS a defic1ency of Funds held m escrow, as defined 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, butm no more than 12 monthly payments Upon payment In full of all sums secured by this Secul1ty Instrument, Lender shall promptly refund to BOITower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay an taxes, assessments, charges, fines, and ImpositlOns attdbutabJe to the Property which can attarn pl10nty over thIs Security In,')trument, leasehold payments or ground rents on the Property, if any, and Community AssocIatlOn Dues, Fe~'), and Assessments, íf any To the extent that these Items are Escrow Items, BOltOwer shall pay them III the manner provided In Section 3. Borrower shall promptly dIscharge any hen which ha.') pnonty over tius Secunty Instrument unless Borrower; (a) agrees In writmg to the payment of the obhgatlon secured by the !Jen m a manner acceptable to Lender, but only so long as Borrower IS perforrmng such agreement; (b) contests the hen In good faith by, or defends agamst enforcement of the hen 1D, legal proceedmgs which 111 Lender's OpInIOn operate to prevent the enforcement of the hen while those proceedmgs are pendmg, but only until such proceedmgs are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinatIng the hen to thIS Security Instl"UmenL If Lender detèrmme.') that any part of the Property is subject to a hen wluch can attam pnorIty over this Secunty InStIllment, Lender may gIVe Borrower a nolIce identifymg the hen Witlun 10 days of the date on whIch that notice 18 gIven, Borrower sha11 satIsfy the lIen or take one or more of the actIOns set forth above 111 this SectIOn 4 Lender may requlte Borrower to pay a one-lIme charge for a real estate tax verificatIon and/or reportmg service used by Lender 10 connectIon with this Loan. S. Property Insurance. Borrower shan keep the Improvement,; now eXlstmg or hereafter erected on the Property Insured agaInst Joss by fire, hazard<; mcIuded wHhm the tenn "extended coverage," and any other ,hazards mc1udmg, but not hmned to, earthquakes and floods, for which Lender reqwres Insurance This lUsurance shall be mamtalned m the amounts (mcJudmg deductible levels) and for the penods that Lender requll'es What Lender reqUIres pursuant to the preceding sentence.,> can change durmg the term of the Loan. The msurance carner proyjdmg the Insurance shall be chosen by Borrower subject to Lender's nght to chsapprove Borrower's choICe, which nght shaH not be exercIsed unreasonably. Lender may reqUIre Borrower to pay, m connectIOn with thIS Loan, either: (a) a one-time charge for flood zone determmahon, certificatIOn and trackmg servICes; or (b) a one-bme charge for flood zone deterrrunatIon and certificatIOn serVlces and subsequent charges each lime remappmgs or slmilar changes occur which reasonably ffi.Jght affect such determmatlOn or certificatIon. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency 10 connectlqn with the reVléW of any flood zone detemllnatJon resultmg fTOm an objection by Borrower If Borrowel' fails to mamtam any of the coverages described above, Lender may obtall11llsurance coverage, at Lender's optIOn and BOlTower's expense. Lender IS under no obligatIOn to purcha.<;e any partlcu1ar type or amount of coverage Therefore, such coverage shall caver Lender, but mlght or might not protect Borrower, Bon-ower's equay In the Property, or the contents of the Property, agamst any fi')k, hazard or liability and rrught provide greater or lesse!" coverage than wa.,> prevIOusly ill effect. Borrower acknowledges that the cost of the msurance coverage so obtamed rmght sIgnificantly exceed the cost of msurance that Borrower could have obtaIned. Any amounts disbmsed by Lender under this SectIon 5 shall become additional debt of BOl'l'ower 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 requestmg payment. An Jnsurance policIes requu'ed by Lender and renewals of such policies shall be subject to Lender's nght to dJsapprove such policies, shaH mclude a standard mortgage clause, and shall nall1e Lender as mortgagee and/or as <U1 additlOoal loss payee. Lender shall have the nght to hold the policies and renewal certificate.'). If Lender M Mortgage-WY 2006A-WY (06/0?) Page 4 of 10 Form 3051 1/01 Y4J- ./ 000026 DOC ID ~: O~018178142310007 reqUire:;;, Borrower shaH promptly gIve to Lender all receIpte¡ of paid premIUms and renewal notices. If Borrower obtams any form of msurance coverage, not otherwIse rcqwrcd by Lender, for damage to, or destructIon of. the Property, such pol1cy shall Include a standard mortgage dause and shaH name Lender as mortgagee andlor as an addittonalloss payee In the event of loss, Borrower shall gIve prompt notIce to the Insurance carner and Lender. Lender may make proof of loss jf not made promptly by BOITower. Unless Lender and Borrower otherWlse agree in writ:mg, any msurance proceeds, whether or not the underlymg msurance was rcqUJred by Lender, shall be applIed to restoratIOn or repaIr of the Property, if the restoratIon or repall IS econorrncaJ1y feasible and Lender's securIty IS not lessened. Durmg such repall and restoratIon penod, Lender shall have the right to hold such msurance proceeds until Lender has had an opportumty to mspect such Property to ensure the work has been completed to Lender's .c¡ausfactJon, provided that such JIlspectlon shall be undertaken promptly. Lender may disburse proceeds for the repan'S and restoratIOn In a sIngle payment or III a senes of progress payments a.e¡ the work IS completed. Unless an agreement IS made m writmg or ApplIcable Law requIres mterest to be paid on such msw'ance proceeds, Lender shall not be l'equued to pay Borrower any mterest or earnIngs on such proceeds. Fees for publlc adjusters, or other third parttes, retaIned by Borrower shaH not be paid out of the insurance proceeds and shan be the sole oblIgatlon of Borrower, If the restoration or .repair IS not economIcally feasible or Lender's securiLy would be lessened, the Insurance proceeds shall be apphed to the sums secured by this Secunty Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Insurance proceeds shall be applied m the order provided for III SectIon 2. If Borrower abandons the Property, Lender may file, negotIate and settle any available Insurance chum and related matters. If Borrower does not respond wÜhm 30 days to a notIce from Lender that the Insurance Cat11.er has offered to settle a cImm, then Lender may negotiate and settle the cla1m. The 30-day penod wi]] begm when the notIce IS gIven. In either event, or if Lender acquIres the Property under SectIOn 22 or otherwIse, Borrower hereby assIgns to Lender (a) Bon-ower's nght.q to any Insurance proceeds III an amount not to exceed the amounts unpaid under the Note or thIs Security Inst11.1ment, and (b) any other of Borrower's rIghts (other than the nght to any refund of unearned premIUms paid by Borrower) under alImsurance polIcIes covermg the Property, msofar as such nghtc¡ are apphcable to the coverage of the Property. Lender may use the Insurance proceeds either to repall' or restore the Property or to pay amounte¡ unpaid under the Note or thIS Secunty Instrument, whether or not Ù1en due 6. Occupancy. Borrower shall occupy, establish, and use the Property as B01ïower's prmcIpal residence withm 60 days after the execution of thIS SeCUrIty Instrument and shall contmue to occupy the Property a." Borrower's prmclpal residence for at least one year after the date of occupancy, lIDless Lender othelwlse agrees III writmg, which consent shall not be unreasonably withheld, or unless extenuatmg cIrcumstances eXIst which are beyond Borrower's còntroL 7. Prcservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impau' the Property, allow the Property to detel10rate or commIt waste on Ù1e Property WheÙ1er or not BOlTower IS residmg m the Property, Borrower shaH mamtam the Property In order to prevent the Property from detenoratmg or decreae¡mg lD value due to It,> condiuon Unless it IS detennmed pursuant to SectlOn 5 that repall' or œstoratlon IS not econonucally feasible, Borrower shall promptly repaIr the Property jf damaged to avoid f1Jrther detenoratIOn 01' damage. If msurance or condemnatlOn proceeds are paid III connectIon with damage to, or the takmg of, the Property, Borrower shall be responsible for repainng or restonng the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoratIon m a smgle payment or JD a sene.~ of progre.e¡s payments as the work I,e¡ completed. If the msmance or condemnatIon proceeds aœ not suffICIent to repall' or restore the Property, Borrower JS not reheved of BOlTOWer'8 obligaoon for the completlOn of such repaJ.r or restoration Lender or Its agent may make reasonable entnes upon and ImpectlOns of the Property, If It has reasonable cause. Lender may Inspect the mtel'lor of the Improvement~ on the Property, Lender shall give Borrower notIce àt the tJme of or pl'lor to such an mtenor mspectJ.on specifymg such rea.<¡onable cause. 8. Borrower's Loan Application. Bon'ower shall be In default if, durmg the Loan apphcal10n process, Borrower 01' any persons or entitles actmg at the dllecl10n of Borrower or with B01Tower's knowledge or coment gave matenally false, misleadmg, or maccurate mfonnatlOn or statement" to Lender (or failed to provide Lender wiLh matenal mforrnatJOn) m connectIOn with the Loan. Matenal representatlons mclude, but are not lumted to, represen tabons concernmg Borrower's occupancy of the Property aq Borrower's pnncJpal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenant.e¡ and agreements cont.amed m thIS Security Instrument, (b) there IS a legal proceedmg that nllght slgnificantly affect Lender's mterest 111 the Property and/or nghts under thIS SecutJty Instrument (such a') a proceedmg III bankruptcy, probate, for condemnatJ.on Or forfeiture, for enforcement of a hen which may attam pnorily over thIs Security Instrument or to enforce laws or regulauons), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whatever IS reac;onable orappropnate to protect Lender's mterest 1ß the Property and nghts under thIS Secunty Instrument, mcIudmg protectJ.ng and/or assessmg the value of the Property, and securmg and/or repairmg the Property, Lender's actIons can Include, but are not limIted to; (a) paymg any sums secured by a hen which haq priority over thIS Security Instrument; (b) appeanng ID cow't; and (c) paymg reasonable attorneys' fees to protect Its lIHerest in the Property and/or nghts under tins Secunty Instrument, mcludmg Its secured positIon m a bankruptcyproceedmg, Secunng the Property mcludes, but ]s not limited to, entermg the Property to malce repairs, change locks, replace or board up doors and wmdows, dram water from pIpes, ehromate buildIng or other code vl0latlOns or dangerous conditIons, and have utilitIes turned on or off. Although Lender may take actIon under thlS SectIon 9, Lender does not have to do so and IS not under any duty or obhgatIon to do so. It IS agreed that Lender mcurs no liabilIty for not takmg any or all actIOns authorized under Ù1IS SectIOn 9 M MortgagB-WY 2006A-WY (06/07) Page 5 of 10 Form 3051 1/01 fiJ:J 000027 DOC ID #: 00018178142310007 Any amounts disbursed by Lender under tIns Sectton 9 shall become additIOnal debt of Borrower secured by thIS Secunty Instrument. These amounts shall bear mterest at the Note rate from the date of disbursement and shall be payable, with such mterest, upon notJ.ce from Lender to Borrower requesting payment, If thIs Security Instrument IS on a leasehold, Borrower shall comply with all the provIsIons of the lease. If Borrower acqUIres fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In wIitmg 10. MOI'tgage Insnrance. If Lender reqU1red Mortgage Insurance as a conditton of mak1ng the Loan, Borrower shall pay the premmms requll'ed to mamtam the Mortgage Insurance In effect. If, for any reason, the Mortgage Insurance coverage reqU1red by Lender ceases to be available from the mortgage l!lsurer 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 reqU1red to obtam coverage substantially eqUIvalent to the Mortgage Insurance prevIOusly In effect, at a cost substantiaUy eqUIvalent to the cost to Borrower of the Mortgage Insurance prevIously m effect, from an alternate mortgage msurer selected by Lender. If substantially eqUIvalent Mortgage Insurance coverage IS not available, BOJ1'ower shall contmue to pay to Lender the amount of the separately desIgnated payments that were due when the msurance coverage ceased to be In effect. Lender will accept, use and retam these payments as a non-refundable loss reserve In lIeu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstandmg the fact that the Loan IS ultimately paid In full, and Lender shall not be reqUIred to pay Borrower any mter(}st or earnmgs on such loss reserve. Lender can no longer reqU1re loss res(}rve payments if Mortgage Insurance coverage (m the amount and for the penod that Lender requues) provided by an lllSurer selected by Lender agam becomes available, IS obtamed, and Lender requIres separately desIgnated payments toward the premmms för Mortgage Insurance, If Lender reqUIred Mortgage Insurance as a condition of makmg the Loan and Borrower was requIred to make separately desIgnated payments toward the premmms for Mortgage Insurance, Borrower shall pay the premlUms reqUIred to mallltaIn Mortgage Insurance III effect, Or to provide a non-refundable loss reserve, until the Lender's reqUirement for Mortgage Insurance end,~ In accordance with any wntten agreement between Borrower and Lender providmg for such tenmuatIon or until terrnmatlon IS requIred by ApplIcable Law. Nothmg ,10 this Secl:1on 10 affects Borrower's oblIgation to pay llltere.~t at the rate provided in the Note, Mortgage Insurance reImburses Lender (or any entIty that purchases the Note) for certam losses It may Incur if Borrower doel; not repay the Loan as agreed. Borrower IS not a party to the Mortgage Insurance. Mortgage Insurers evaluate theIr total risk on all such msurance In force from time to tune, and may enter IOto agreements with other partle.~ that share or modify therr risk, or reduce losses. TIl(}S(} agreement,~ are on terms and conditions that are sal1sfactory to the mortgage ]usurer and the other party (or partIes) to these agreement';. These agreements may require th(} mortgage Insurer to malce payments usmg any source of funds that the mortgage II1surer may have available (which may Include funds obt.amed from Mortgage Insurance premIUms) As a re.,>u1t of the.<;e agreem(}nt,>, Lender, any purchaser of the Note, another msurer, any remsurer, any other entity, or any affihate of any of the foregomg, may receIve (dIrectly or mdIrectly) amount<; that derIve from (or might be charactenzed as) a portlQn of Borrower's payments for Mortgage Insurance, In exchange for shanng or modifymg the mortgage Insurer's risk, or reducmg losses. If such agreement provides that an affihate of Lender takes à share of the Insurer's risk In exchange for a share of the premmms paid to the msurer, tbe arrangement ]8 often termed "captIVe reInsurance" Further; (a) Any such agrecmcnts will not affect the amounts that Borrower has agœed to pay for Mortgage Insurance, or any oUlcr teans of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entiUe Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under t]1.e Homeowners Protection Act of 1998 or any other Jaw. These rights may include the light to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to rcceive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assigmnent of MisceUQneous Pl'Oceedsj Forfeiture. AU MIscellaneous Proceeds are hereby assIgned to and shall be paid to Lender, If the Property 1$ damaged, such MIscellaneous Proceeds shall be apphed to restoratIOn or repa1f of the Property, if the restoratIon or repaJr JS economIcally feasible and Lender's security IS not le.~sened. Durmg such repaIr and restoratIOn penod, Lender shall have the IIght to hold such MIscellaneous Proceeds until Lender has had an opportunity to Illspect such Property to ensure the wode has been completed to Lender's satlsfactJon, provided that such InSpectIOn shall be undertaken promptly. Lender may pay for the repairs and re.~t01"atJOn III a slOgle disbursement 01' m a senes of progress payments as the work IS completed. Unless an agreement IS made III wlit]ng or ApplIcable Law reqUIres mterest to be paid on such MIScellaneous Proceeds, Lender shall not 00 reqUIred to pay Borrower any mterest or earnIngs on such MIscel1aneous Proceeds. If the restoration or repaIr ].~ not economIcally feasible or Lender's securJty would be lessened, the MIscellaneous Proceeds shal1 be applIed to the sums secured by thIs SecuJ1ty Instrument, whether or not then due, with the excess, if any, paid to Borrower Such M]scellaneous Proceed,> shall be applIed m the order provided for m SectIon 2, In the event of a total takIng, destructlon, or loss 111 value of the Property, the MIscellaneous Proceeds shall be appJJed to the sums secured by th]s SecurIty Instrument, whetbe·r 01' not then due, with the excess, if any, paid to Borrower In the event of a partial takmg, destructlon, or loss m value of the Property m which the fa1f market value of the Property ImmedIately before the partIal takIng, destructIOn, or loss In value IS equal to or greater than the amount of tbe sums secured by tb]s Secunty Instrument immedIately before the partIal takmg, destruction, or loss m value, unle.<;s Borrower and Lender otherwIse agree III writmg, the sums secured by thIS SecurJty M Mortgage-WY 2006A-WY (06/07) Page 6 of 10 Form 3051 1/01 ~ 00002B DOC ID #: 00018178142310007 InsUl.Iment shall be reduced by the amount of the Miscellaneous Proceed,> mu1txphed by the foIlowmg fractIon (a) the total amount of the sums secured ImmedIately before the partial takmg, destruction, or loss jn value dIvided by (b) the fair market value of the Property Immediately before the partial takmg, destructIOn, or loss m value, Any balance shall be paid to Borrower. In the event of a partial takmg,.destructJOn, or loss ill value of the Property 10 Wh1Ch the fau market value of the Property ImmedIately before the partial takmg, destructIon, or loss In value IS less than ·the amount of the sums secured ImmedIately before the partial takmg, destnIction, or loss m value, unJess Borrower and Lender otberwIse agree m writing, the MIscellaneous Proceeds shall be applIed to the sums secured by tins Secunty Instrument whether or not the sums are then due If the Property IS abandoned by Borrower, or if, after not1ce by Lender to Borrower that the Opposmg Party (as defined ill the next sentence) offers to make an award to settle a c1aun for damages, Borrower fails to re.e¡pond to Lender withIn 30 days after the date the notice IS gIven, Lender ]s authonzed to collect and apply the M1sceIlaneous Proceeds either to restoxatlOn or repalI of the Property or to the sume¡ secured by thIS Secul1ty Insu'ument, whether or not then due, "Opposmg Party" means the tlurd party that owes Borrower MIscellaneous Proceed') or the party against whom BOl'Iower has anght of action in regard to Miscellaneous Proceeds. Borrower shaU be III default if any actiOn or proceedmg, whether cIvH or cnmmal, is begun that, m Lender's Judgment, could result m forfeIture of the Property or other mate1'iallJ1lpamnent of Lender's 1nterest m the Property or nghts under thIs Secunty Instrument. Borrower can cure such a default and, if acceleratJOn has Decuned, remstate a<; provided In SectiOn 19, by causmg the action or proceedmg to be dIsmIssed with a rulmg that, In Lender's Judgment, precludes forfeiture of the Pl'Opelty or other matenallmpaJrment of Lender's ìntere.e¡t In the Property or rights under tJus Secutlty Instrument. The proceeds of any award or chum for damages that are attlibutable 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 app1Jed to restoration or repall' of the Property shall be applIed In the order provided for m SectIon 2. 12. BOrl'ower Not ReJeased; Forbearance By Lender Not a Waiver. ExtensIOn of the time for payment or modification of amortJzatlOn of the sums secured by this Secul'1ty 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 III Interest of Borrower. Lender shall not be œqUtred to commence proceed.mgs agaInst any Successor In Interest of Borrower Or to refuse to extend tJme for payment or otherwIse modify amOrtizatIon of the Sums secured by thIs Secunty Insullment by reason of any demand made by the ongmal Borrower or any Successors In Interest of Borrower. Any forbearance by Lender xn exerClsmg any nght or remedy mcludmg, without hnutatlon, Lender's acceptance of payments from thud persons, entitles or Successprs in !nterest of Borrower or lU amounts less than the amount then due, shaH not be a WaIver of or preclude the exerCise of any 11ght or remedy, '13. J oint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that BOlTower's oblIgations and liabihty shall be Jomt and several. However, any Borrower who co-sIgns thIS SecunLy Instrument but does not execute the Note (a "co-sIgner"): (a) IS co-sIgmng thIS SecurIty Instrument only to mortgage, grant and convey the co-sIgner's tnterest 1I1 the Property under the terms of thIs Secunty Instll.lment; (b) IS not personally oblIgated to pay the sums secured by thIS Security Instrument; and (c) agree.,> that Lender and any other Borrower ca.n agree to extend, modify, forbear or malœ any accommodatiOns with 1"egard to the terms of thIs Secunty InstI"Ument or the Note without the cO-SIgner's consent. Subject to the provisiOns of SectIon 18, any Succe.o¡sor lI1 Interest of Borrower who assumes Borrower's obligatIons under this Security Instrument m writing, and I,e¡ approved by Lender, shall obtam all of BOlTower's nghts and benefits undel' this Secunty Instll.lment. Borrower shaH not be reJea')ed from Borrowel"S obhgatlons and habiIJty under thIs Secunty Instrument unless Lender agree.o¡ to such release m writIng The covenants and agreement') of thIs Security Instrument shall bInd (except ao¡ provided 111 Sect10n 20) aIld benefit the successors and assigns of Lender, 14. Loan Charges. Lender may charge Borrower fees for servIces performed m cOnnectIOn with Borrower's default, for the purpose of protectmg Lender's Interest m the Property and nghts under thIS SecuClty Instrument, mc1ud.mg, but not lImited to, attorneys' fees, propeIty mspectlOn and valuatIon fees. In regard to any other fees, the absence of express authonty m thIs Security Instrument to charge a specific fee to Borrower shall not be constmed as a prohibitIon on the chargmg of such fee, Lender may not charge fees that are expressly prohibited by thIs Security InstiiIment or by Apphcable Law. If the Loan 1S subject to a law whICh sets maxImum loan charges, and that law IS finally Interpreted so that the mterest or other loan charges colIected or to be Gollected 1ß connectIon with the Loan exceed the permitted hmlts, then: (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 GoIlected from Borrower which exceeded pemlltted 1Jmits wí1l be ref1Jnded to Borrower. Lender may choose to make thIS refund by reduclIlg tbe prmcIpal owed under the Note or by makmg a dIrect payment to BOl1·ower. If a refund reduces prmclpal, 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 refund made by direct payment to Borrower will constItute a Waiver of any nght of actIOn Borrower might have arlsmg out of such overcharge. 15, Notices. All notlCes giVen by Borrower or Lender III connect1on with thIS Secunty Instrument must be 10 writing. AllY notIce to Borrower 111 connection with thIS SecuXlty Instrwnent shall be deemed to have been gIven to Borrower when mailed by first class mail.or when actùalIy delivered to Borrower's notice address if sent by other means. Nouce to anyone Borrower shall constItute notJ.ce to an Borrowers unless ApplIcable Law expressly reqUIres otherwIse. The not1ce address ,e¡hall be the Property Address unless Borrower ha.o¡ desIgnated a substItute notIce address by notice to Lender. Bon'ower shall promptly notify Lender of Borrower's change of address. If Lender specífies a procedure for reportmg Borrower's change of address, then Borrower shan only M Mortgage-WY 2006A-WY (06/07) Page 70f 10 Form 3051 1/01 ç¡Jy 000'029 DOC ID #: 00018178142310007 report a change of address through that specified procedure. There may be only one designated notice address under thIS SecurIty Instl.1lment at anyone bme. Any no!1ce to Lender shall be g.¡ven by dehvenng It or by maihng It by fìrst class mail to Lender's address stated herem unless Lender has des.¡gnated another address by notIce to Bon-ower. 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 reqUlred by thIS Security Instrument IS also reqUlred under ApplIcable Law, the ApplIcable Law requIrement wilI satlsfy the correspondIng reqUlrement under thIS Secunty Instrument. 16'. Governing Law; Severability; Rules of Construction. ThIS SecutIty Instrument shall be govemèd by federal law and the law of the jurIsd1ctlon 1fl which the Property IS located. AU nghts and oblIgatIOI1$ contamed In thIS Secunty Instrument are subject to any requrrements and mmtatlons of Apphcable Law. Apphcable Law might explIcitly or Imphcítly a.llow the parues to agree by contract or it mIght be silent, but such silence shall not be construed as a prohibitIon agamst agreement by contract. In the event that any pro:vislOn or cJause of thIS Secunty Instrument or the Note conflIcts with ApplIcable Law, such conflJct shall not affect other provislOns of tl'us Becunty InstrumeJlt or the Note which can be gIven effect without the Confllctmg provisIOn. As used In thIs Secul'lty Instrument: (a) words of the mascuhne gender shall mean and mclude cOl1'e8pondmg neuter words or words of the femmme gender; (b) words m the smgular shall mean and Include the plural and VIce versa; and (c) the word "may" gJves sole wscretlOn without any obl1gat1on to take any actIOn. 17. BOrl'ower's Copy. Borrower 8hall be gwen one copy of the Note and of thIS Secunty Instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used m thIS SectIOn 18, "Interest m the Properly" means any legal or beneficial mterest In the Property, mclud1ng, but not lImited to, those be¡efiClal lflterests transferred m a bond for deed, contract for deed, lIlstallment sales contract or escrow agzeement, the mtent 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 1Il the Property is sold or transferred (or if Borrower IS not a na ral person and a beneficIal mterest III Borrower IS sold 01' tmnsferred) without Lender's pnor written consent, Leìder may reqUJre Immed1ate payment III full of an sums secured by thIS Secunty Instrument. However, thIS op Ion shall not be exercIsed by Lender if such exerCIse JS prohíbJted by Apphcable Law If Lender exercIses thIS optIon, Lender shaH gIve Borrower notIce of acceleration. The notlce shall provide a P1enod of not less than 30 days from the date the notIce IS gIven m accordance with SectIOn 15 withm which Borrower must pay all sums secured by thIS Secunty Instrument. If Borrower fails to pay these sums pnor to the exju.ation of thIs perIod, Lende!' may mvoke any remedIe.~ penrutted by thIS Secunty Instrument without further no ce or demand on Borrower 19. Borrowerts Right to Reinstate After Acceleration. If Borrower meets certam condil1Ons, Borrower Sh~Jl have the nght to have enforcement of thIs Security Instrument dIscontmued at any tIme pnor to the earlIest of: (a) five days before sale of the Property pursuant to any power of saJe contaIned m thIS Security Instrument, (b) such other perIod as ApplIcable Law mIght specify for the tennmal10n of BOl'rower's nght to rcmstate; or (c) ent y of a judgment enforcmg thIS Security Instrument. Those condit1üns are that Borrower: (a) pays Lender all su~s which then would be due under thIs Secunty Instrument and the Note as if no acce1emtJon had occurred; (b) cures any default of any other covenants or agreements; (c) pays a.ll expenses mcurred 1fl enforcmg thIS Se unty Instrument, mcludmg, but not hmlted to, reasonable attorneys' fees, property mspect:wn and vaJuatIon fee~', and other fees Incurred for the purpose of protectIng Lender's mterest m the Property and nghts under thIS Se unty Instrument; and (d) takes such actlOn as Lender may rea.~onably reqUIre to assure that Lender's Interest In I e Property and nghts under thIS Secunty Instl1lment, and Borrower's obhgation to pay the sums secured by th].~ Secumy Inst11Jment, shall contmue unchanged. Lender may require that Borrower pay such remstatement su~s and expenses 111 one or more of the followmg fomI8, as selected by Lender: (a) cash; (b) money order; (c) cer~ified check, bank check, treasurer's check or ca.~luer's check, provided any such check IS drawn upon an Jl1S,IlUtlOn whOse deposIt.<; are Insured by a federal agency, mstI1Jmentahty or entity; or (d) Elecu'omc Funds Tra~sfer. Upon remstatement by Borrower, this Secul'Jty Instrument and oblIgatIons secured hereby shall remam full . effectIve as if no acceleratIon had occurred. However, thIS nght to remstate shall not apply in the case of acc leratlOn under Section 18 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partIal mterest In the Note (together with thIs SecurIty Instrument) can be sold one or more tlmes withol1t pnor notIce to Borrower, A sale mIght resuJt m a change 10 the entity (known a.<; the "Loan Scr'vlcer") that collects PenodIC Payments due under the Note and thIS Security Instrument and performs other mortgage loan serv!cmg obhgations under the Note, thIS Secunty Instmment, and ApplIcable Law There also mIght be one Or more changes of the Loan ServJcer unrejated to a sale of the Note. If there IS a change of the Loan Servicer, Borrower will be gJven written notIce of the change whIch will state the name and address of the new Loan ServIcer, the address to which payments should be made and any other 1nfonnatIün RESP A requires m connectlOn with a notIce of transfer úf servIcmg. If the Note IS sold and thereafter the Loan IS servJCed by a Loan Sel'vJCer other than the purchaser of the Note, the m0l1gage loan SerVJC10g obJlgatlOns to Borrower wm remarn with the Loan Serv1Cer or be transferred to a successor Loan SerVICeI' and are not assumed by the Note purcha.~er unless otheiWJse provided by the Note purchaser Neither Borrower nor Lender may commence, .10m, or be Jomed to any judJcJal actIon (as either an m<Ílvidual liugant or the member of a class) that arISeS from the other party's actIons pursuant to thIS SecufJty Instrument 01' that aHeges that the other parly "has breached any provisIon of, or any duty owed by reason of, tll1S SeCUl'lly InslTument, until such Borrower 01' Lender hat> notified the other party (with such notIce gIVen In comphance with the reqUlrement~ of SectIOn 15) of such alleged breach and afforded the other party hereto a rea<¡onable penod after the gIVlllg of such notIce to take corr~b.ve actIOn. If Apphcable Law provides a tIme penod which must elapse before certam actIon can be taken, that tune penod wiII be deemed to be reasonable for purposes of thIS paragraph. The notIce of acceleratIon and opportunIty to cure gIven to Borrower pursuant to M Mortgage-WY 2006A-WY (06/07) Page 8 of 10 Form 30511/01 Qj' I 000030 DOC ID #: 00018178142310007 SectIon 22 and the notJce of acce1eratJon gIVen to Bon-ower pursuant to SectJon 18 shall be deemed to satisfy the notJce and opportunity to take correctJ.ve actiOn proviSIOns of trus Sect10n 20 21. Hazardous Substances. As used m thJS Sechon 21: (a) "HazardolJs Substances" are those substances defined as toXIC or hazardous substances, pollutants, or wastes by EnvIronmental Law and the followmg substances: ga.<¡olme, kerosene, other flammable or tOXiC petroleum product<¡, toXiC pesttcides and herbIcides, volatile solvenL<¡, matenals contammg asbestos or formaldehyde, and radIOactIve matenals; (b) "EnvIromnental Law" means federal laws and laws of the JunsdICtlOn where the Property 1$ located that relate to health, safety or envIronmental proteclJon; (c) "EnVIl'OnmentaI Cleanup" illcludes any response actlOn, remedial actIOn, or removal actIon, a.<; defined III Envrronmental Law; and (d) an "Envlfonmental ConditIOn" means a condihon that can cause, contribute to, or otherwIse trIgger an EnvJIonmental Cleanup Borrower shall not cause or penmt the presence, use, dIsposal, storage, or release of any Hazardous Substances, or threaten to relea<;e any Hazardous SlJbstances, on or ill the Property. Borrower shall not do, nor a]]ow anyone else to do, anythmg affectmg the Property (a) that is m vlolahon of any Envll'onmental 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 precedmg two sentences shan not apply to the presence, use, or storage on the Properly of smaIl quantitIes of Hazardous Substances that are generally recogmzed to be appropnate to normal residential uses and to mamtenance of the Property (mcludIng, but not hmlted to, hazardous substances m consumer product,q). Borrower shall prompt1y glve Lender written nottce of (a) any mvestlgatJon, c1aun, demand~ lawsUJt or other aCtIOn by any governmental Or regulatory agency or pnvate party Illvolvmg the Property and any Hazardous Substance or EnvJronmenta1 Law of which Borrower has actual knowledge, (b) any BnvJronmental Condition, mcludmg bul not hmlted to, any spilling, leakmg, dIscharge, release or threat of œlease of any Hazardous Substance, and (c) any conditIon caused by the presence, UBe or release of a Hazardous Substance whIch adversely affects the value of the Property. If Borrower leams. or IS notified by any governmental or regulatory authonty, or any pnvate party, that any removal or other remedIatIon of any Hazardous Substance affectIßg the Properly IS necessary, Borrower shall promptly take aJI necessary remedIal actIOns ill accordance with EnvIronmental Law. Nothmg herem shaH create any obhgatJOn on Lender for an EnvIronmental Cleanup NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows' 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foHowing Bm'l"ower's breach of any covenant or agreement in this Secwity Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (n) the default; (b) the action required to curc the dcfault; (c) a datc, not less than 30 days from the date the notice is given to Borrowcl', by which the default must be cured; and (d) that failure to cure Ute default on or before the date specified in the notice may result in acccleration 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 Hnd the right to bring a court action to assert the non-existence of a default or any other defense of Horrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of a]] sums secured by this Secur.ity Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entit1ed to collect all expenses incurred in pursuing tlte remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the powet' 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 \vith Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender sha]] publish the notice of sale, and the Property s.ball be sold in the manner prescribe·d by Applicable Law. Lender or its designee mny purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to aU expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by th.is 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 shall release thIS Secunty Instlllrnent. Borrower sha1l pay any recordatIon costs. Lender may charge Bon'ower a fee for releasmg thIs Secul1ty IT)stmrnent, but only if the fee ].~ paid to a thud party for serVICes rendered and the chargmg of the fee IS permitted under Apphcable- Law. M Mortgage-WY 2006A-WY (06/07) Page 9 of 10 Form 3051 1/01 <~ 000031 DOC ID #: 00018178142310007 24. Waivers. Borrower releases and waIves all rIghts under and by vrrtue of the homestead e.xemptIOn laws of Wyonung BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenant,; contamed ill thIS Security Instrument and ill any Rider executed by Borrower and recorded with It. Ç1ktJtJmrI RUTH M. WOOD (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower by as acknowledged before me thIS County S8: STATE OF WYOMING, ,. ~7 My CommIssIon Exp]rcs~A / ~ // COUNTY OF LINCOLN STATE OF WYOMING cf£? ~ ~ Notary Pubhc LORI KAlAN - NOTARY PUBLIC My Commission Expires Feb. 26, 2011 M Mortgage-WY 2006A-WY (06/07) Page·10of10 Form 3051 1/01 Exhibit A File 6010716039 Description 000032 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: A portion of Lot 2 of Block 9 of the Lincoln Heights 4th Subdivision to the City of Kemmerer, Lincoln County, Wyoming, being more particularly described as follows: Beginning at the Northwest corner of said Lot 2, Block 9 of said subdivision, said corner being on the Northerly line of said subdivision; thence South 168.30 feet along the Westerly line of said Lot 2 to the Southwest corner of said Lot 2, said corner being on the Northerly line of Garnet Street; thence Southeasterly along an arc of a curve to the right 53.03 feet, said curve having a radius of 389.65 feet and a central angle of 7°47'54"; thence North 182.68 feet to a point on the Northerly line of said Lincoln Heights 4th Subdivision; thence West 51.00 feet along the Northerly line of said subdivision to the point of beginning.