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HomeMy WebLinkAbout935143 /¿, \ ~ J 1r1 ...r(,.. I (~ .::>' ~, 6010715976 Return To: Republic Mortgage Horne Loans, LLC 5241 South State Street Suite 2 Murray, UT 84107 Prepared By: RECEIVED 11/26/2007 at 3:33 PM RECEIVING # 935143 BOOK: 679 PAGE: 630 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Francie Jensen 5241 South State street, Suite 2 Murray, UT 84107 000630 [Space Above Tills Line For Recording Datal MORTGAGE MIN 1001247-0007027489-3 DEFINITIONS Words used in multiple sections of this document are defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Certain mles regarding the usage of words used in this document are also provided in Section 16. (A) "Sccurity Instrumcnt" means this document, which is dated November 20, 2007 together with all Riders to tIlÍs document. (B) "Borrowcr" is ZACHARIAH W. MOORE and SHAWNEE MOORE, Husband and Wife . I'l- l Borrower is tJ1e mortgagor lmder this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, lnc. MERS is a sepm'ate corporation tJwt is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is thc mortgagcc undcr this Security Instrumcnt. MERS is orgm1Ízed and existing lwder the laws of Delaware, ami has an address and telephone nunìber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. R-100MOORE7027489 7027489 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3061 1/01 G .SA(WY) (0005),02 ® Page 1 of 15 Inilials: ..lA...... ~ VMP MORTGAGE FORMS - (800)521-7291 (D) "Lender" is Republic Mortgage Home Loans, LLC Lender is a organized ¡md existing lmder the laws of Sta te of utah 0006~1. Lender's address is 5241 South State street, Suite 2 Murray, UT 84107 (E) "Note" means the promissory note signed by Borrowcr and dated November 20, 2007 The Note states that Borrower owes Lender One Hundred Eighty Five Thousand Three Hundred and 00/100 Dollars (U.S. $185 f 300.00 ) plus interest. Borrower has promised to pay this debt in rcgular Peliodic Payments and to pay the debt in full not later than December 1, 2037 (F) "Property" me¡ms the property that is desclibed below under the heading "Transfer of Rights in tlIe Property." (G) '~oan" mc¡ms the debt evidenced by the Note, plus interest, any prepayment charges and late charges due w1der the Note, and all sums due Imder this Security Instmment, plus interest. (D) "Riders" means all Riders to this Security Instrument tl1at are executed by furrower. The following Riders are to be executed by Borrower [check box as applicable]: D Ac{justable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D Sccond Home Rider D Plal11led Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Otl1er(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative mles and orders (tllat have the effect of law) as well as all applicable 1Ínal, non-appealable judicial opinions. (J) "Community Association Dues, Fees, ami Assessments" mcans all dues, fees, assessments and othcr charges 111at are imposed on Borrower or the Property by a condominium association, homeowners association or similar org¡mization. (K) ''Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instmment, which is initiated 11uough an electronic tenninal, telephonic instmment, computer, or magnetic tape so as to order, instmct, or authorize a tínancial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) ''Escrow Items" means those items 111at are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of dan1ages, or proceeds paid by any third party (0111er than insurance proceeds paidlmder the coverages described in Section 5) for: (i) damage to, or destruction of, 111e Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations 01: or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" meam inslmmce protecting Lender against tl1e nonpayment of, or default on, 111e Loan. (0) ''Periodic Payment" means the regularly scheduled amOlmt due for (i) principal and intercst under the Note, plus (ii) any éIlnOlmts Imder Section 3 of 11Üs Sccurity Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing rcgulation, Regulalion X (24 C.F.R. Part 3500), as they might be amended lìom time to time, or any additional or successor legislation or regulation that govcms the same subject matter. As used in this Security Illslnunent, "RESPA" refers to all requirements and restlictions that are imposed in regard to a "federally related mortgagc loan" cven if tllC Loan does not quali{y as a "federally related mortgage loan" Wlder RESPA. R-100MOORE7027489 7027489 Inilials:'1.111- G-SA(WY) {0005).02 ® Page 2 of 15 q(I/\- Form 3061 1/01 000632 (Q) "Succcssor in Intcrcst of Borrowcr" means any party tJ1at has takcn title to the Property, whether or not that party has assumed Borrower's obligations w1Cler tJ1e Note m1CVor this Security Instnlment. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrumenl secures to Lender: (i) the repayment of tJ1e Loan, and all renewals, extensions and moditícations of the Note; and (ii) 1l1e perfomlance of Borrower's covenants and agreements under this Security Instrument and tJ1e Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to tJIC successors and aSSil,1J.1S of MERS, with power of sale, the following described property located in the County of Lincoln [Type of Recording Jurisdiction] [Name of Recording .Jurisdiction LOT 27 OF TAYLOR SECOND SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 6, 1978 AS INSTRUMENT NO. 513535 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. Parcel ID Number: 24191810601400 121 VALLEY VIEW DRIVE COKEVILLE ("Property Address"): which currently has the address of I Streel [City] , Wyoming 83114 (Zip Code] TOGETHER WITH all the improvements now or hereaHer erected on the property, ¡md all easements, appurtenances, and fixtures now or hereafter a part of tJ1C property. All replacements and additions shall also be covered by tJ1Ís Security Instnlment. All of the foregoing is referred to in tJIis Security Instrument as the "Property." Borrower understands ,md agrees that MERS holds only legal title to the interests gnmted by Borrower in this Security Instnlment, but, if necessary to comply WitJI law or custom, MERS (as nominee tòr Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing mId canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of tJIC estate hereby conveyed and has the right to mortgage, grant and convey the Property and tllat the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to tJIC Property against all claims and dem¡mds, subject to any encumbnUlces of record. THIS SECURITY INSTRUMENT combines W1ÍfOOll covenants for national use ¡md non-wIilonn covenants with limited variations by jurisdiction to constitute a lUlifo01I security instrument covering real property. R-100MOORE7027489 7027489 Inilials:"'Z..~ C-SA(WY) I0005},02 ® Page 3 of 15 t?¡nj\ Form 3061 1/01 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay ftUlds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in u.s. clmency. However, if any check or other instrument received by Lender as payment lUlder'the Note or tl1is Security Instrument is returned to Lender lUlpaid, Lender may require tllat any or all subsequent payments due under the Note and this Security Instrumcnt be made in one or more of the following fonus, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at tlle location designated in the Note or at such otller location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return any payment or partial payment if the payment or pm1ial payments are insutlicienl to bring the Loan Clment. Lender muy accept any payment or partial payment insufficient to bring the Loan current, Witl10ut waiver of any rights herelmder or prejudice to its lights to refuse such payment or partial payments in the 1l.1ture, but Lender is not obligated to apply sueh payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, tlICn Lender need not pay interest on Imapplied li.mds. Lender may hold such unapplied funds Imtil Borrower makes payment to bring the Loan current. If Borrower does not do so within iI reasonable p(,nod of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to tlle outstémding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve B;mower from making payments due wldt'f the Note and this Secluity Instrument or pcrJomling the covenants ami agreements secured by tllis Security Instmmenl. 2. Application of Payments 01' Proceeds. Except as otl1erwise described in tllis Section 2, all payments accepted and applied by Lender shall be applied in tl1e following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amolmts due lUlder Section 3. Such payments shall be applied to each PeIiodic Payment in the order in which it became due. Any remaining amOlUlts shall be applied fIrst to late charges, second to any other amomIts due Imder this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment fTOm Borrower for a delinquent Periodic Payment which includes a suft1cient amount to pay <my late charge due, tlle payment may be applied to the delinquent payment and the late charge. If more than one PeIiodic Payment is outstanding, Lender may apply <my payment received from Borrower to the repayment of tl1e Periodic Payments if, and to the extent tllat, each payment ciln be paid in full. To the extent tllat ¡my excess exists after the payment is applied to tlle full paymcnt of one or more Periodic Payments, such excess may be applied to MY late charges due, VoltUltary prepayments shall be applied l1rst to m1Y prepayment charges and tllen as described in Ùle Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due Imder Ùle Note shall not extend or post}Jone tl1e due date, or change the amolUlt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due lUlder the Note, Imtil the Note is paid in ftJlI, a sum (Ùle "Funds") to provide for payment of amotUlts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on tlle Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender wIder Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accord<mce with Ùle provisions of Section 10, These items are caIled "Escrow Items." At origination or at <Uly time during the ternl of Ùle Loan, Lender may require Ù1a1 Community Association Dues, Fees, ,Uld Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be ill1 Escrow Item. Borrower shaIl promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Flmds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for MY or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In tlle event of such waiver, Borrower shall pay directly, when and where payable, the amolUlts 000633 R-100MOORE7027489 7027489 Inilials:"2..~ G-SA(WY) (0005),02 <!> Page 4 of 15 ¡?ff\J\ Form 3061 1/01 000634 due for any Escrow Items for which payment of Funds has been waived by Lender ¡md, if Lender requires, shall fumish to Lcnder receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant IDlCl agreement contained in this Security Ins111l1m:nt, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, (illl\ Borrower fails to pay the amolmt due for an Escrow Item, Lcnder may exercise its rights lmder Section 9 and pay such an10U11t and Borrower shall then be obligated Lmder Section 9 to repay to Lender any such amOlmt. Lender may revoke the waiver as to any or all Escrow Items at ¡my time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, tl1at are then required lmder this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed tlle maximum amOlmt a lender can require lmder RESPA. Lender shall estimate the amount of Funds due on the basis of clUTent data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits arc insured by a federal agency, instmmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the Funds, mlllually ¡malyzing the escrow account, or verifying the Escrow Items, Lmless Lender pays Borrower interest on the Flmds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the FLUids. BOlTower and Lender c¡m agree in writing, however, ÙUlt interest shall be paid on the FlU1ds, Lender shall give to Borrower, without charge, an iUlllual accounting of the F1U1ds as required by RESPA, If there is a surplus of Funds held in escrow, as defined lU1der RESP A, Lender shall accoLUlt to Borrower for the excess fiU1ds in accordance with RESPA. If there is a short.age of Funds held in escrow, as defined lU1der RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amom1Í necessary to make up the sh0l1age in accordance with RESP A, but in no more than 12 montlùy payments. If tl1ere is a deficiency of F1U1ds held in escrow, as defined lU1ckr RESP A, Lender shall notify Borrower as required by RESP A, iU1d Borrower shall pay to Lender tile amOlU1t necessary to make up the deficiency in accordID1ce with RESPA, but in no more than 12 montllly payments. UIJOn payment in full of all sums secured by this Security Instmment, Lender shall promptly refund to Borrower any FlU1ds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which CiU1 attain priority over this Security Ins111unent, leasehold payments or grolU1d rents on tl1e Property, if ID1Y, and Community Association Dues, Fees, and Assessments, if (illY. To Ù1e extent tlmt these items are Escrow Items, Borrower shall pay tl1em in the miU1ller provided in Section 3. Borrower shall promptly discharge any lien which has priority over tl1is Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by Ù1e lien in a manner acceptable to Lender, but only so long as Borrower is perforn1ing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the elúorcement of tl1e lien while tI10se proceedings are pending, but only lmtil such proceedings are concluded; or (c) secures from the holder of tile lien an agreement satisfactory to Lender subordinating the lien to this Secmity lnstmmellt. If Lender dcternÜnes that any part of the Property is subject to a lien which can at1aill priority over this Security Instrument, Lender may give Borrower a notice identifying tI1e R-100MOORE70274B9 7027489 G-6A(WY) (0005).02 ® Page 5 of 1 5 Inilials."1,..\,V\. _ ~ Form 3061 1/01 000635 lien. Within 10 days of tile date on which that notice is given, Borrower shall satisfy tile liml or take one or more of the actions set forth above in this Section 4. Lender may require &JlTower to pay a onc-time charge for a real estate tax vcrification aneVa' reporting service used by Lender in connection with this Loan. 5. Propcrty Insurancc. Borrower shall keep the improvements now existing or hereaÜer erected on the Property insured against loss by 11re, hazards included witilin the tenn "extended coverage," illld ¡my otiler hazards including, but not limited to, eill1hquakes illld Hoods, for which Lender requires insurance. This insurance shall be maintained in the amOtmts (including deductible levels) illld for the periods that Lender requires. What Lender requires Pill'suant to tile preceding sentences can change during the ternl of the Loan. The insurance carrier providing the insurance shall be ehoscn by Ibrrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in cOlmection with tiÜs LOilll, either: (a) a one-time charge for Hood zone determination, certification ¡md tracking services; or (b) a one-time charge for flood zone detennination and certification services illld subsequent charges each time remappings or similar changes occur which reasonably might affect such detemlination or certification. Borrower shall also be responsible for the payment of ¡my fees imposed by the Federal Emergency Management Agency ín connection with tile review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option illld Borrower's expense. Lender is tmder no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or tile contents of the Property, against any lisk, hazard or liability and might provide greater or lesser coverage tlUI11 was previously in effect. Borrower acknowledges that the cost of the insuIëU1ce coverage so obtained might significantly exceed the cost of insurilllce that Borrower could have obtained. Any illllOWlts disbursed by Lmlder tmder this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amoilllts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice 11'0111 Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a stillldard mortgage clause, and shall name Lender as mortgagee ¡md!or as illl additional loss payee. Lender shall have the light to hold the policies ¡md renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrowe,'r obtains any fonn of insurance coverage, not otilerwise required by Lender, for damage to, or destruction of: the Property, such policy shall include a standard mortgage clause ¡md shall name Lender as mortgagee illld!or as ¡m additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by furrower. Unless Lender and Borrowcr otherwise agree in writing, any insurance proceeds, whether or not the tmderlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economicalIy feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have tile right to hold such insur,mce proceeds until Lender has had ¡ill opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shalI be wldertaken promptly. Lender may disburse proceeds for tlle repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lcnder shalI not be required to pay furrower any interest or eamings on such proceeds. Fees for public adjusters, or other tilird parties, retained by Borrower shall not be paid out of tile insurance proceeds and shaH be the sole obligation of furrowcr. If tile restoration or repair is not economicaHy feasible or Lender's security would be lessened, the insunmcl:: proceeds shall be applied to tile sums secured by this ~curity Instmment, whcther or not then due, with R-100MOORE7027489 Inìtì.ls:--z...~ tîflV\ 7027489 Form 3061 1/01 C-SA(WY) (0005).02 ® Page 6 Df 15 000636 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may tile, negotiate ¡Uld settle any available insurance claim and related matters. If BOlTower does not respond within 30 days to a notice fi"om Lender tllat the insurance cmrier has offered to settle a claim, then Lender may negotiate mld settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property lUlder Section 22 or otherwise, Borrower hereby assigns to Lender (a) &mower's rights to any insurance proceeds in an alllOlUlt not to exceed the amolUlts unpaid under the Note or this SeclUity Instnul1ent, and (b) any other of Borrower's rights (otller tIHm the right to ¡my renmd of lUleamed premiums paid by Borrower) lUlder all insurance policies covering tile Property, insofar as such rights ¡U'e applicable to the coverage of tlle Propel1y. Lender may use the insurance proceeds either to repair or restore tlle Property or to pay anlolUlts lUlpaid under Ùle Note or this Security Instrument, wheÙJCr or not tlwn due. 6. Occupancy. Borrower shall occupy, establish, ¡md use Ùle Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year £liter the date of occupancy, lUlless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. 7. Prcscrvation, Maintcnancc and Protcction of thc Propcrty; Inspections. Borrower shall not destroy, damage or impair the Property, allow Ùle Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in tlle Property, Borrower shall maintain the Property in order to prevent the Property fi"om deteliorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 Ùlat repair or restoration is not economically feasible, Borrower shall promptly repair tlle Property if damaged to avoid further detelioration or damage. If insurance or condemnation proceeds are paid in connection Witll damage to, or tlle taking of, tlle Property, Borrower shall be responsible for repairing or restoring tlle Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progTess payments as the work is completed. If tlle insurance or condenmation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on ùle Property. Lender shall givc Borrower notice at tlle time of or prior to such an interior inspection specifYing such reasonable cause, 8. Borrowcr's Loan Application. Borrower shall be in default it: during Ùle Loan applícation process, Borrower or any persons or entities acting at tIIC direction of Borrower or WiÙl Borrower's knowledge or consent gave matelially false, misleading, or inaccurate infomlation or statements to Lender (or failed to provide Lender with matelial infomlation) in connection with Ùle Loan. Material representations include, but are not limited to, representations conceming Bon'ower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lcndcr' s Intercst in thc Property and Rights Undcr this Sccurity Instrumcnt. If (a) Borrower fails to perfonl1 Ùle covenants and agTeements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property ancVor rights under ùÜs Security lnstnunent (such as a proceeding in bankruplcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain pIiority over ù1is Security Instrument or to enforce laws or regulations), or (c) BolTower has abmlCloned Ùle Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in Ùle Property and lights under this SecuIity Instrument, including protecting ancVor assessing the value of th~ Property, and securing mlcVor repairing the ProlJerty. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has prioIity over this Security lnstmment; (b) appearing in court; and (c) paying reasonable R-100MOORE7027489 7027489 IniliaI5:'Z-\V' 0M Form 3061 1/01 C-SA(WY) (0005),02 ® Page 7 of 15 000637 attorneys' fees to protect its interest in Ùle Property ancVor rights wlder this Security Instmment, including its secured position in a bankmptcy pro cecding. Securing the Property includes, but is not limited to, entclìng the Property to make repairs, change locks, replace or board up doors mlCl windows, drain water from pipes, eliminate building or oÙlCr code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under Illis Section 9, Lender does not have to do so [Uld is not Imder any duty or obligation to do so. It is agreed Illat Lemler incurs no liability for not taking any or all actions auÙ10rized wlder this Section 9, Any amounts disbursed by Lender llllcler this Section 9 shall become additional debt of Rmower secured by Illis Security Instmment. These amowlts shall bear interest at Ùle Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If Ù1is Security Instrument is on a leasehold, Borrower shall comply WiÙl all the provisions of the lease. If Borrower acquires fee title to tlle Property, the leasehold and the fee title shall not merge llllless Lender agrees to Ùle merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain Ùle Mortgage Insurance in effect. If, for any reason, Ùle Mortgage I1lsur[lIlCe coverage required by Lender ccases to be available fiom the mortgage insurcr that previously provided such insurance and &mower was required to makc separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prcmiums required to obtain coverage substantially equivalent to \lle M0l1gage Insurance previously in etTect, at a cost SUbSl¡Ultialiy equivalent to the cost to furrower of the Mortgage Insurance previously in effect, from ¡m alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Bon'ower shall continue to pay to Lender the amount of Ùle separateJy designated payments that were due when tlle insurance coverage ceased to be in effect. Lemler will accept, use and retain these payments as a non-refì.mdabIe loss reserve in lieu of Mortgage Insunmce. Such loss reserve shall be non-refundable, notwiÙlstéUlding the fact that the Loan is ultimateJy paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss rescrve payments if Mortgage InsunUlce coverage (in the amOlmt and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making Ùle Loan and furrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay Ùle premiums requircd to maintain Mortgagc InsunUlce in etIect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage I1lsurance ends in accordance with any wtitten abJfeement between furrower and Lender providing for such termination or Imtil temlination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at Ùle rate provided in the Note. Mortgage I1lsurance reimburses Lender (or any entity Ùlat purchases Ù1e Note) for certain losses it may incur if Borrower does not repay Ùle Loan as agreed. Borrower is not a party to Ùle Mortgage Insurance. Mortgage insurers evaluate ùleir total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify Illeir risk, or reduce losses. These agreements arc on temlS [md conditions that are satisfactory to the mortgage insurer and the oilIer party (or parties) to \llese agreements. These agreements may require the mortgage insurer to make payments using [my SOlITCe of hmds Ùlat Ùle mortgage inslITer may have available (which may include hmds obtained from Mortgage InslITllilce prel1ùums). As a result of Ùlese agreemcnts, Lender, any purchaser of Ùle Note, another insurer, any reinsurer, any other entity, or any aHiliate of llilY of the foregoing, may receive (diJ"ectly or indirectly) amOlmts that derive from (or might be chlli'acterized as) a portion of furrower' s payments for Mortgage InslITllilce, in exclllUlge for sharing or modifYing the mortgage inslITer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the inslITer's risk in exchange for a share of the premiums paid to the iusurer, the arrangement is oilen temled "captive reinsurmlce." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgagc Insurancc, or any other terms of the Loan. Such agreements will not incrcase thc amount Borrower will owe for Mortgage Insurancc, and they will not entitle Borrower to any refund. R-100MOORE70274B9 7027489 G-SA(WY) {0005)02 @ Page 8 of 15 Inilials:~ ~ Form 3061 1101 000638 (b) Any such agreements will not at1"ect the rights Borrower has - if any - with respect to the M0I1gage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the MOl1gage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any M0I1gage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds lmtil Lender has had an opportwlity to inspect such Propel1y to ensure Ú1e work has been completed to Lender's satisfaction, provided Ú1at such inspection shall be tmdertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as Úle work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. If tl1e restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to tl1e sums secured by úlis Secwity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of tl1e Property, Ú1e Miscellaneous Proceeds shall be applied to the sums secured by tlús &:curity Instrument, whetl1er or not tl1en due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of Ú1e Property in which the fair market value of Ú1e Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amOlmt of Ú1e sums secured by úlis Secwity Instrument immediately before Ú1e partial taking, destnlction, or loss in value, wl1ess Borrower and Lender oÚ1Crwise agree in writing, the sums secured by this Security Ins tnU11 ent shall be reduced by the amOlmt of the Miscellaneous Proceecls multiplied by the following lraction: (a) úw total amOlmt of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destnlction, or loss in value of Ú1e Property in which the fair market value of tl1e Property immediately before the partial taking, destruction, or loss in value is less Ú1an the amotmt of Ú1e sums secured immediately before thc partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, Úle Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument wheÚ1Cr or not the sums are Úlen due. If the Property is abandoned by Borrower, or if, uHer notice by Lender to Borrower that Ú1e Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender wiú1Ïn 30 days after Ú1e date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of Úle Property or to Ú1e sums secured by ú1Ïs Security Instnlment, whether or not then due, "Opposing Party" means the úlird party that owes Borrower Miscellaneous Proceeds or Ú1e party against whom Bmower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, cotùd result in forfeiture of the Property or OÚ1er material impain11ent of Lender's interest in the Property or rights under t1ùs Security Instmment. Borrower can cure such a default ¡md, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be disnùssed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnlment. The proceeds of any award or claim tor damages ÚUlt are attributable to tile i1l1paim1C11t of Lender's interest in ti1e Property arc hereby assigned and shall be paid to LCl1der. All Miscellaneous Proceeds that are not applied to restoration or rcpair of the Propcrty shall be applied in the order provided for in Section 2. R-100MOORE7027489 7027489 G.IìA(WY) (0005).02 @ Page 9 of 15 IniliaIS.~ Form 3061 1/01 000639 12. Borrower Not Released; Forbearance By Lender Not a 'Vaiver. Extension of the time tor payment or modification of amortization of the sums secured by t1ùs Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to ext.end time for payment or otherwise modify amortization of tlle sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Int.erest of Borrower. Any forbearance by Lendcr in exercising any right or remedy including, wit.hout limitation, Lender's acceptance of payment.s lIOIn third persons, entities or Successors in Interest of Borrower or in amOlU1t~ less Ùlan Ùle amolmt then due, shall not be a w¡¡iver of or prcc1ude the exercise of ¡my right or remedy. 13. Joint and Scveral Liability; Co-signcrs; Successors and Assigns Bound. Borrow",']" covenants ¡Uld agrees that Borrowcr's obligations and liability shall be joint mId several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (¡¡) is co-signing t11Ïs Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property LUlder the t.enns of t11Ìs Security blstrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender imd any oÙler llirrower can agree to extend, modify, forbear or make any ¡¡ccommodations WiÙI regard to the tenus of this Security Instrument or the Note without Ùle co-signer's consent. Subject to Ù1C provisions of Section 18, imy Successor in Interest of am-ow",']" who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benetits l~lder this Security Inst.rument. Borrower shall not be released from Borrower's obligations and liability lUlder this Security Instnlluent unless Lender agrees to such release in writing. The covenants ¡md agreements of this Security blstrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfomled in cOlmection WiÙl Borrower'·s default, for the purpose of protecting Lender's interest in the Property and rights lUlder this Secmity 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 Borrower shall not be construed as. a prohibition on the charging of such fee. Lender may not charge fees that are expressly prolùbited by tlùs Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and tllat law is finally interpreted so that the interest or other loan charges collected or to be collected in cOlmection with tile Loan exceed the pemIitted limits, then: (a) ¡my such loan charge shall be reduced by the amowlt necessary t.o reduce tllC charge to tl}e pemIitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be relì.mded to Borrower. Lender m¡¡y choose to make this refund by reducing the principal owed wIder the Note or by making a direct payment to llirrower. If a re1ìUld reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such reJì.md made by direct payment to Borrower will constitute it waiver of any right of action llirrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection WiUl this Security Ins1nlment shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to RJITower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers Wlless Applicable Law expressly requires ot.herwise. The notice addrcss shall be the Property Address unless Borrower has desibrnated a substitut.e notice address by notice to Lender. Bon-ower shall promptly notify Lender of Borrower's chmlge of address. If Lmlder specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address Uuough that specitied procedure, There may be only one designated notice address under tl1Ís Security Instrument at mIl' one time. Any notice to Lender shall be given by delivering it or by mailing it by tirst class mail t.o Lenders address stated herein unless Lender has designated another address by notice to R>rrower. Any notice in cOlmection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by tl1Ís Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tlle corresponding requirement wIder this Security Instmment. R-100MOORE7027489 G-SA(WY) (0005).02 <!> Inilials:~ t1})r\ 7027489 Page 10 of 1.5 Form 3061 1/01 000640 16. Governing Law; Scvcrability; Rulcs of Construction. This Security Instrument shall be governed by federal law and tlle law of the jurisdiction in which tlle Property is located. All rights and obligations contained in this Security Instrument are sul~iect to ¡my requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In tile event tIull any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not ailect other provisions of this Security Instrument or the Note which can be given efJect without tlle conflicting provision. As used in this Security Instrument: (a) words of tlle masculine gender shall meml and include corresponding neuter words or words of tile feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) tlle word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and oftlÜs Security Instrument. 18. Transfcr of thc Propcrty or a Bcnctìcial Intcrcst in Bòrrowcr. As used in tllis Section 18, "Interest in tlle Property" means ¡my legal or beneficial interest in the Property, including, but not limited to, tllose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is tlle transfer of title by &mower at a future date to a purchaser. If all or any part of the Property or any Interest in tlle Property is sold or transferred (or if Ebrrower is not a natural person and a beneficial interest in &mower is sold or transferred) without Lendcr's prior written consent, Lender may require immediate payment in 1'1111 of all sums secured by this ScclUity Instrument. However, tllis option shall not be exercised by Lmder if such exercise is prohibited by Applicable Law. If Lender exerciscs this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instmment. If Borrower fails to pay tllese sums prior to the expiration of this period, Lender may invoke any remedics pern1Ïtted by tllis Security Instrument without f1U1her notice or demand on &mower. 19. Borrowcr's Right to Rcinstate Aftcr Accelcration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of tllis Security hlstrument discontinued at ¡my time prior to the earliest of: (a) fIve days before sale of tlle Property pursumll to any power of sale contained in tllis Security Instrument; (b) such other period as Applicable Law might specify for the tenl1ination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lemler all sums which tllen would be due under this &curity Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for tlle purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure tllat Lender's interest in the Property and rights under this Security Instrument, mId Borrower's obligation to pay the sums secured by tllis Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fomls, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instmmentality or entity; or (d) Electronic Ftmds Transfer. Upon reinstatement by Bon-ower, tI1Ïs Security Instmmcnt and obligatiol1ssecured hereby shall remain fully effective as if no acceleration had occurred. HowevCl", tl1Ìs right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Noticc of Grievance. The Note or a }Jm1ial intercst in the Note (togetller with this Security Instrument) cml be sold one or more timcs without prior notice to Borrower. A sale might result in a change in tlle entity (known as tlle "Loan Servicer") Ùlat collects Periodic Payments due wlder the Note mId this Security Instmment and pertonns oùler mortgage loan servicing obligations Imder tlle Note, ùIis Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer lUuelated to a sale of the Note. If there is a change of tllC Lmm Servicer, Borrower will be given wriUen notice of thc change which will state the name ¡md address of the new Loan Serviccr, the address to which payments should be made and any otller infomlation RESPA Page 11 of 15 Inilials~ ~ 7027489 R-100MOORE7027469 G-SA(WY) (0005}.02 <!> Form 3061 1/01 000641 requires in connection with a notice of transfer of servicing, If the Note is sold and tl1ereafter the Loan is serviced by a Loan Servicer other tll,1I1 the purchaser of tlJe Note, the mortgage loan servicing obligations to Borrower will remain with the Lmm Servicer or be transferred to a successor Loan ~icer and are not assumed by the Note purchaser lUlless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either ,m individual litigant or the member of a class) that arises trom the other party's actions pursuant to this Security Instrument or 111at alleges tllat the other party has breached any provision of, or any duty owed by reason 01~ this Security lnstmment, lmtil such Borrower or Lender has notified the otller party (with such notice given in complitmce Witll tlle requirements of Section 15) of such alleged breach and at1'orded the other party hereto a reasonable period aHer the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before cel1ain action can be taken, tllat time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration ¡¡nd opportwÜty to cure given to Borrower pursuant to Section 22 ¡¡nd the notice of acceleration given to Borrower pmsu¿mt to Section 18 shall be deemed to satisfY tlle notice and opportwÜty to take corrcctive action provisions of this Section 20. 21. Hazardous Substances. As used in tlÜs Section 21: (a) "Hazardous Subsl<mces" are tl10se substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following subst<mces: gasoline, kerosene, other tlanullable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonm¡]dehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where tlle Property is located that relate to health, safety or environmental protection; (c) "Environmental Cle<UllIp" includes any response action, remedial action, or removal action, as defined in Environmental Law; ¡md (d) an "Environmental Condition" mcans a condition that can cause, contributc to, or 0111erwisc triggcr an Environmental Clcanup. Borrowcr shall not cause or permit the presencc, use, disposal, storage, or release of any Hazardous Subst¡¡nces, or threaten to release ¡my Hazardous Substances, on or in tlw Property, Borrower sllallnot do, nor allow ¡myone else to do, anything aHecling the Property (a) 111<lt is in violation of <U1Y Environmental Law, (b) which creates ¡m Environmental Condition, or (c) which, due to 11le presence, use, or release of a Hazardous Subst¡mcc, creates a condition 11lat adversely affects 111e value of the Property. The preceding two sentences shall not apply to tlle presence, use, or storage on the Property of small quantities of Hazardous Subst¡mces that are generally recognized to be appropliate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender wIitten notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pm1y involving the Property and any Hazardous Substance or Environmental Law of which Bmower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by tlle presence, use or release of a Hazardous Substance which adversely affects tlle value of the Property. If Borrower learns, or is notified by ¡my governmental or regulatory autllOIity, or any private party, that any removal or other remediation of any Hazardous Substancc affecting thc Propcrty is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing hercin shall create any obligation on Lender for ¡¡n Environmental Cle<UllIp. R-100MOORE7027489 7027489 In ilia Is: 1Jtv. tìrY\ Form 3061 1/01 G-SA(WY) (0005102 <& Page 12 01 15 000642 NON-UNIFORM COVENANTS. Borrower and Lender further covenant ,lid agree as follows: 22. Acccleration; Remcdies. Lcndcr shall givc noticc to Borrowcr prior to accclcration following Borrower's brcach of any covcnant or agrecment in this Security Instrument (but not prior to acccleration under Section 18 unless Applicable Law provides othenvise). The noticc shall spccify: (a) the default; (b) the action required to curc the dcfault; (c) a datc, not Icss than 30 days from thc datc thc noticc is givcn to Borrower, by which thc default must bc curcd; and (d) that failurc to cure thc dcfault on or bcforc thc datc spccitìed in thc noticc may rcsult in accclcration of thc sums sccurcd by this Sccurity Instrumcnt and salc of thc Propcrty. Thc notice shall furthcr inform Borrowcr 01' the right to reinstatc aftcr accclcration and thc right to bring a court action to asscrt thc non-cxistcncc of a dcfault or any othcr dcfcnsc of Borrowcr to accelcration and salc. If thc default is not curcd on or bcforc the datc spccitìcd in thc noticc, Lcnder at its option may requirc immcdiate paymcnt in full of all sums sccurcd by this Sccurity Instrumcnt without further dcmand and may invokc thc powcr of salc and any other rcmcdics pcrmittcd by Applicablc Law. Lcndcr shall bc entitlcd to collcct all cxpcnscs incurred in pursuing the rcmcdies providcd in this Scction 22, including, but not limitcd to, rcasonablc attorncys' fccs and costs of titlc evidencc. If Lcndcr invokcs thc powcr of salc, Lcndcr shall givc noticc 01' intcnt to forcclosc to Borrowcr and to the person in posscssion of thc Propcrty, if ditlcrcnt, in accordancc with Applicablc Law. Lcnder shall give notice of thc salc to Borrower in thc manncr providcd in Scction 15. Lcnder shall publish the noticc of salc, and thc Propcrty shall be sold in thc manncr prcscribed by Applicablc Law. Lcnder or its dcsigncc may purchase thc Property at any salc. Thc procecds of the sale shall be applied in the following order: (a) to all cxpenses of the salc, including, but not limited to, reasonable attorneys' fces; (b) to all sums secured by this Security Instrumcnt; and (c) any exccss to the pcrson or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instmment, but OlÙY if the fee is paid to a third party for services rendered and the charging of the fee is permitted tmder Applicable Law. 24. Waivers. Borrower releases and waives all rights lmder and by virtue of the homestead exemption laws of Wyoming. R-100MOORE7027489 7027489 In ilia Is: '-~ ~ Form 3061 1/01 Q-SA(WY) (0005).02 ® Page 13 of 15 BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security lnstmment ¡md in any Rider executed by &mower and recorded with it. Witnesses: R-100MOORE7027489 G-6A(WY) (0005).02 ® (Seal) -Borrower (Seal) - Borrower (Seal) - Borrower 00064j :þ<;h~ {.J¡ ~ ZACHARIAH W. MOORE (Seal) -Borrower j~dlJ~ ff)fJðW SHAWNEE MOORE (Seal) -Borrower (Seal) - Borrower _ (Seal) -Borrower (Seal) -Borrower 7027489 Page 14 of 15 Form 3061 1/01 000644 STATE OF WYOMING, Lincoln County ss: The foregoing instmment was acknowledged before me ù1is ~ o!b ~ 0../ ¡Vorv-:J 20 D 7 by ZACHARIAH W. MOORE and SHAWNEE MOORE 7 !J My Commission Expires: 9 - )5 -/ / . .~c:vu£v /~ nA~ Notary Public L-j NOTARY PUBLIC County of Lincoln State of Wyoming M Commission Expires Sop-tember 15, 2011 R-100MOORE7027489 7027489 G-SA(WY) (0005).02 @ Page150f15 InillaIS.~~ Form 3061 1/01