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HomeMy WebLinkAbout936195 -_. _.~ ---- ....-..-...----.------ - ------.-- 6010716268 After Recording Return To: SECURITYNATlONAL ¡VIORTGAGE COMPANY 5300 SOUTH 360 WEST SUITE 150 MURR¡\ Y, UTAH 84123 LOAN NO.: 0000408170 RECEIVED 1/11/2008 at 3:40 PM RECEIVING # 936195 BOOK: 683 PAGE: 642 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ESCROW NO.: TITLE NO.: 60107162611 PARCEL NO.: 12-3119-15-3-00-345.00 000642 IVII N NO.: 1000317 -0000408170-5 [SPACE ABOVE THIS LINE FOR RECORDING DATA] - MORTGAGE AI. \'\ i! DEFINITIONS Words used ill multiple sections of this document are defined below and other words are defined in Sections 3, 11. 13, 18. :W and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. \,// if (A) "Security Instrument" means this document, which is dated .JANUARY witII all I~iders to tlIis docLlment. 7 2008 ,together /) (.) (BJ" Borrower" is ~}!.\I{(J;-'; I.. \V¡\~cK~_I{ '\i\ILSA~.IJ':J:YALIS.!~I~W[FE AND HUSBAND --......-. ------.----.---.--.- ------.-- .- ..-"-...--'---"- ...----...-. -..----.------.----- _.__...._..~-- ----..-.------+-.-- ----- ------- _.~- ----- Borrower is the mortgagor under this Security Instrument. (CJ "/VIERS" is I'vlongage Electronic Registration Systems, Ine. MERS is a separate cOlporation that is acting solely as a Ilominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security InstTumenl. ''vIERS is organized and existing under the laws of Delaware, and has an address and telepholle lIumber of P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. (I)) "Ll'nder" is _S_ECURI'~YN~'I'I(~~,,,-L 1"~ºRTG.~Ç_~_ÇO~JPA~0'...!.~_.!JTAH ÇORPORA}'ION _..__________________ ,.._ .. _ n... _. ... .- --.. -_....."- .-- -.-- ----..----...<--... ---..---------.. Lemler is a _~_lJT~I~ co_r~fº~~.t\ },1.Q.~_ of m_m" _________. .!:!J AH_ .?_~0_º_~0~~_':!}60_ ~~F:§T~yITE 150iMURRA Y, UTAH 84123 organized and existing under the laws Lender's address is .- ---.--------- Illitials_~ 0c..0 _ __ \VYOM I NG -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/01 OU1"'r"·.I'S¡·.RI10'S, IN" F" (~I \I~IT(;\\'\'I-:\ Sl Page 1 of 14 ORIGINAL 000643 (E) "Note" means the pronùssory note signed by Borrower and dated JANUARY 7 2008. The Note states that Borrower owes Lender _ __ ______ _____________________ gNE I-I UNDIŒD NINETY ~I\¡¡;; _T_J:-Ig_U~~\~_º___~~_º OO/!.-ºO--.:::::------------------------------- ___________ Dollars (U .5. $ . __ u1.2~,ºQO_:_º_º____) plus interest. Borrower has promised to pay this debt in regular Periodic Paymenls ancl to pay dle debt in full not later than FEBRUARY 01 2038 (F) "Property" means the property Ùlat is described below under the heading "Transfer of Rights in ùIe Property. " (G) "Loan" means Ùle debt evidenced by the Note, plus interest, any prepayment charges and late charges due uncleI' the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument ÙIat are executed by Borrower. The following Riders are to be e:œcuted by Borrower ¡check box as applicable]: 0 Adjustable Rate Rider 0 CondomÍ1ùul11 Rider 0 Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider 0 Assumption Rider 0 1-4 Fami Iy Rider 0 Biweekly Payment Rider 0 Inter Vivos Trust Rider 0 Other(s) [specify]: (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable tinal, non-appealable judicial opinions. (J) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and oùler charges tliat are illlposed on Borrower or the Property by a condOnÙlÙUl1l association, hcmeowners association or similar organization. (K) "Electronic Fnnds Transfer" means any transfer of funds, other ùIan a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or auùlOrize a tinancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items ÙIat are described in Section 3. (M) "M iscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to. or destruction of, the Property; (ii) çondel1lnation or other taking of all or any part of Ù1e Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of tbe Property. (N) "Mortgage lnsnrance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) II Periodic Payment" means the regularly scheduled amount due for (i) prinçipal and interest under ùIe Note, plus (ii) any anlounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate SettJement Procedures Act (12 U.S.c. ~ 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or sucœssor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESPA" refers to all requirements and restrktions ÙIat are imposed in regard to a "federally related mortage loan" even if the Loan does not quality as a "federally related mortgage loan" under RESPA. (Q) "Successor ill Interest of Borrower" means any party that has taken title to the Property, whether or not that pany has assumed Borrower's obligations under the Note and/or this Seçurity Instrument. LOAN NO.: 0000408170 InitialS,)diu).GJ_ _ _ _ WYOIVIING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form30S1 1/01 DOU'fliP S¡,PI1ŒS. IIVC FO {~I· ~IMTC;II'YI-:1I5 Page 2 of 14 ORIGINAL TRANSFER OF RIGHTS IN THE PROPERTY 000644 This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and moditications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this pU'l)ose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with powa of sale, the tÜllowing described property located in the COUNTY of Unwln_ _. .. _ .__ __ _m_ __________ (Type of' Recording Jurisdiction] 1ì\1I11I~ 01' nct'ulïlin~ Jm'¡sclir(ion LEGAL DESCRIPTION ATTACI-IED I-IERETO AND MADE A PART HEREOF PARCEL NO.: 12-3119-15-3-00-345.00 which currently has the address of }~J.~ ~pl.:!IJgSreek_~~un.!X Road 144_ [Slreel] __ u_n_ ____ __.._ _____._______ , WyominL- 83119 ICily/Menl [Zip Code] -.-..--------.---.-- ------.- I'airview ("Property Address"): TOGETHER WlTH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and tixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with the law or custom, MERS (as nominee for Lender and Lender's Sllccessors and assigns) has the right: to exercise any or all tllOse 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 linÜted to, releasing and canceling this Security Instrument. BORRO''''ER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has lhe righl to grant and convey the Property and that tlle Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TH IS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. LOAN NO.: 000040H170 IlIitials~_Ç~_ _ _ WYOMING-Single Féllllily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1101 DU(:t'/-'I·Y Su··\ ¡, :¡.:s. Ii,',' H '1(\1 . .\I~ITC;W\ï-:\1SI Page 3 of ] 4 ORIGINAL WYOMING-Single F<Jlllily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCl'¡-:J;/'StIMt;¡;S./.w: FtJR~I- ~IMT(;Wn-:\ 5 Page 4 of 14 ORIGINAL Form 3051 1/01 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 000645 ]. Payment of Principal, Interest, Escrow Items, Prepayment Cha.-ges, 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 Linder the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Paymellts due under the Note and this Security Instl1lment shall be made in U. S. currel1l.:Y. However, if any check or other instl1lment received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) nloney order; (c) certitied check, bank check, treasurer's check or cashier's check, provided any such check is dra\Vnupon an institution whose deposits are insured by a federal agency, instl1lmentality, or entity; or ld) Electronic Funds Transfer. Paynlellts are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in a<.:cordance with the notice provisions in Section 15. Lender may return any payment or partial paymellt if the payment or partial payment are insufticient to bring lhe Loan CUlTel1l. Lender may accept any payment or partial payment insufticiellt to bring the Loan currellt. without waiver of any rights hereunder or prejudice to its rights to refuse such paymem or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retulïl them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future agai nst Lender shall relieve Borrower b'om making payments due under the Note and this Security Instrumellt or performing the covenants and agreements secured by this Security Instl1lment. 2. A pplication of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and appl ied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied tìrst to late charges, second to any other amounts due under this Security Instl1lment, and then to reduce the principal balance of the Note. I f Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suftìcient anH)ullt to pay allY lale charge due, the payment may be applied to the delinquent payment and the late charge. If llIore tllan olle Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repaymellt of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the ~Xtt'l1t that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess llIay be applied to allY late charges due. Voluntary prepayments shall be applied tirst to any prepayment charges and then as deSl:ribed in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under tile Note shall not extend or postpolle the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Hems. Borrower shall pay to Lender on tile day Periodic Payments are due under the Note, until the Note is paid in full, a sum (tile "Funds") to provide for payment of amounts due for: (a) taxes and assessmellts and other items which can attain priority over tI1Ìs Security Instl1lment as a lien or encumbrance on the Pruperty; (b) leasehold payments or ground rents on tile Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance prenúums, if any, or any slims payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance LOAN NO.: 00004011170 InitiaIS.~ -S-.-:> _ _ _ 000646 with till;: provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed by Borrower. and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds tin Escrow I tems unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. LellCkr lIlay 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 the event of such waiver, Borrower shall pay directly, when and where payable. the amounts due tÖr any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreemem" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower hlils to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender lIlay. at any time. collect and hold Funds in an amount (a) suftÏcient to pernùt Lender to apply the Funds at the time specilied under RESPA, and (b) not to exceed tl1e maximum amount a lender can require lindeI' R ESP A. Lt:nder shall esti mate the amount of Funds due on the basis of current data and reasonable estimates or expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or emity (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 tl1an the time specitied under RESPA. Lemler shall not charge Borrower ti)r holding and applying the Funds, alU1Ually analyzing the escrow account. or veritYing the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires i merest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eanùngs on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as detined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as detined uncleI' RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 l11onù11y payments. If there is a deficiency of Funds held in escrow, as de tined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender tl1e amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 montl1ly payments. Upon paYlJlem in full of all sums secured by ù1Ìs Security Instrument, Lender shall promptly refund to Borrower an)' Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents 011 the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To Ù1e extent that these items are Escrow Items, Borrower shall pay ù1em in ù1e manner provided in Section 3. ßorrower shall promptly discharge any lien which has priority over ù1Ís Security Instrument unless Borrower: (a) agrees in writing to the payment of ù1e obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, LOAN NO.: 0000408170 Il1itialS~_~_ __ '1'''\'01\11 NG-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/01 D(lC{'I·:lil,SI·./'I·)(;I,·s. hII' hJ/{~1 ,\I~ITC;II'\, ·~\ 51 Page 5 of 14 ORIGINAL 000647 or defellds against enfon:elllent of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are ¡;oncluded; or (¡;) se¡;ures from the holder of the lien an agreement satisfactory to Lender subordinating the lien 10 this Se¡;urity Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the elate Oil whidlthm notke is given, Borrower shall satisfy the lien or take one or more of the a¡;tions set ti)rth above in this Se¡;tion 4. Lender may require Borrower to pay a one-time charge t()r a real estate tax veritication and/or reporting service used by Lender in ¡;onne¡;tion with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property i nsureel agai nst loss by tire, hazards included within the term "extended coverage," and any other hazards illduding, but not limited to, earthquakes and t1oods, for which Lender requires insurance. This insuran¡;e shall be maintained in the amounts (induding deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance ¡;alTier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's dlOice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in ¡;onne¡;tion with this Loan, either: (a) a one-time charge for nood zone determination, certitication and tra¡;king serviœs: or (b) a one-time charge for tlood zone determination and certitication services and subsequem dlarges eadl time remappings or similar changes occur which reasonably might affect such detelïni lIation or œrti ticatio ]. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in cOJUlection with the review of any nood zone determination resulting from an objection by Borrower. If Borrower '¡Iils to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lellder's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount 0 f coverage. Therefore, SUdl ¡;overage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance ¡;overage so obtained might signiticantly exceed the cost of insurance that Borrower could have obtai ned. AllY amoullts disbursed by Lender under this Section 5 shall become additional debt of Borrower sen/rl.::d by th is Se¡;uri ty Instru mellt. These amounts shall bear interest at the Note rate from the date of disburselllcllt allCl shall be payable, with such interest, upon notice hom Lender tv Borrower requesting pa)'meIH. All illsurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such pol i¡;ies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certiticates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any tÌJrm of insurance coverage, not otherwise required by Lender, for damage to, or destru¡;tion of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. allY jnsuranœ proœeds, whether or not the underlying insurance was required by Lender, shall be applied (0 restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's se¡;urity is not lessened. During such repair and restoration period, Lender shall have the right to hold such i nsuran¡;e proceeds lIllti I Lender has had an opportunity to inspect such Property to ensure the work has been cOll1plelecl to Lellder's satisfa¡;tion, provided that such inspection shall be undertaken promptly. Lender HillY disburse proœeds for the repairs and restoration in a single payment or in a series of progress payments as the LOAN NO.: 0000401>170 InitiaIS.~ _ ~ _ WYO/VlING-Single Falllily-Fannie MaelFreddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/01 DuC/',.:,,,' S¡,fil'1<:¡"'S' ¡.W: H 11(,\1 ~IMT(;\V\'I-JI51 Pélge 6 of 14 ORIGINAL WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOC/'I':I':!' SH.:I)I;I::S. {N'- H R~I· ~1~ITGWYJ-:1151 Page 7 of 14 ORIGINAL Form 3051 1/01 000648 work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall no~ be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econoluically feasible or LellCler's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrume11l, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. I f Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance claim and related matters. I f Borrower does not respond within 30 days to a notice from Lender tllat tile insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin wheo the notice is givel!. II! either event, or if Lender acquires tile Property under Section 22 or otherwise, ßorrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or tl1Ïs Security Instrument, and (b) any otller of Borrower's rights (otller than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as sLlch rights are appl icable to the coverage of the Property. Lender may use tile insurance proceeds either to repair or restore the Property or to pay amounts unpaid under tile Note or this Security Instrumellt, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residem:e within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after tile date of occupancy, unless Lender otherwise agrees in writi ng, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impai I' the Property, allow tile Property to deteriorate or conunit waste on the Property, Whether or not Borrower is residi ng in the Property, Borrower shall maintain tile Property in order to prevent Ihe Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section:) that repair or restoration is not economically feasible, Borrower shall promptly repair tile Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, tile Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as tile work is completed. I f the insurance or condemnation 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 the Property. Lender shall give Borrower notice at the tillle of or prior to sllch an interior inspection specifying such reasonable cause, 8. Borrower's LO<ln Application. Borrower shall be in default if, during tile Loan application process, 130rrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consellt gave materially htlse, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection witll the Loan. Material representations include, but are not limited to, representations concenùng Borrower's occupancy of the Property as Borrower's principal residence . 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in tllÎs Security Instrument, (b) there is a legal proceeding that might signiticantly affect Lender's interest in the Property and/or rights under tlris' LOAN NO.: 0000408170 lnitials;c&.(} _ ~ _ _ 000649 Security Instrumelll (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, fÖr L:nforcemelll of a lien which IlIay attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate [() protect Lender's interest in the Property and rights under this Security Instrument, induding protecti IIg and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instnllnent, including its secured position in a bankruptcy proceeding. Securing the Property indudes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lellder incurs 110 liability fOr not taking any or all actions authorized under this Section 9. An)' amoullls disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrumem. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrumellt 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 [() the merger in wri ti ng. 1 U. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, 130rrOWL:r shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the tVlortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prelniulns for l'vlortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Ivlortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of l'vlongage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultim,¡tely paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can 110 longer require loss reserve payments if Mortgage Insurance coverage (in the amount and tÙr the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lemler requi res separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requiremem for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termlnation or until termination is required by Applicable Law. Notlling in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. 1\tlortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if ßorrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. l'vlongage insurers evaluate their total risk on all such insurance in force from time to time, and may enter ¡nl<> agrt:elllellls with other panies that share or modify their risk, or reduce losses. These agreements are on lerms and çonditions that are satishlctory to the mortgage insurer and the other party (or parties) to these agrL:emelHs. These agreements may require ùle mortgage insurer to make payments using any source of funds that the l1Iortgage insurer may have available (which may include funds obtained from Mortgage Insurance prellliullIs) . LOAN NO.: 0000408170 IlljtjalS~ _~_ _ _ \VYOIVIING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/01 DOC!'/':lil' SE{.'~"/CI;S. I,w: Ft1RM· MMTGWYI-:H51 Page 8 of 14 ORIGINAL 000650 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other enti ty, 0 I' any ani I iate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender ¡akt:s a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is oftt'n termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other ternls of the Loan. Such agreements wiII not increase the amount Borrower will owe for Mortgage Insurance, and they wiII not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners P¡"otection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment 01' Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and sl1<l11 be paid to Lender. I f the Property is damaged, such Misœllaneous Proceeds shall be applied to restoration or repair of the Property, if the restoratioll or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender ha~ had all opportunity to inspect such Property to ensure the work has been completed to Lender's satisfactioll, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoratioll in a single disbursement or in a series of progress payments as the work is completed. Unless an agreemellt is macle in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoratil)1l or rt:pair is IlOt ecollomically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess. if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In Ll1e eve lit or a toW I taking, destruction or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the SUIllS secured by this Security Instrument, whether or not then due, with the excess, if any, paid to ßorrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss ill value is equal to or greater than the amOlllll of the sums secured by this Security Instrument inm1ediately before the partial taking, destruction, or loss in "alue, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: ta) ¡he total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before the partial taking, destruction, or loss in value. All)' balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the Stll11S secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the Stll11S are then due. LOAN NO.: OU00401!17U IlIitials..~_~_ _ _ \VYOM I NG -Single FUlnily-Falluie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS D(WN,¡,:¡'S':.f:11,:¡.:s.l,w· I-¡, {\I \1~1T!;WYl·:\ 51 Page 9 of 14 ORIGINAL Form 3051 1/01 0006'51 If tile Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as deti ned in tile next sentelH.:e) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply Ùle rVlisL:ellaneous Proœeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgmem, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgmem, precludes forfeiture of tlle Property or otller material impairment of Lender's ¡merest in the Property or rights under this Security Instillment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. AIII\Jiscellalleous Proœeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of tlle time for payment or lI1odilication of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any SUCL:essor in IlIterest of Borrower shall not operate to release tlle liability of Borrower or any Successors ill Inten:st of Borrower. Lender shall not be required to commence proceedings against any Successor in ¡merest of Borrower or to refuse to extend time for payment or otllerwise modify amortization of tlle sums secured by this Security Instrull1ent by reason of any demand made by tlle original Borrower or any Successors ill I merest of Borrower. AllY forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments tì'om third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or renJedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security lnstrumem but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey tlle co-signer's interest in tlle Property under the terms of tllis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees tliat Lender and allY otlier Borrower can agree to extend, modify, forbear or make any accommodations witli regard to the terms of this Security Instl1J111ent or the Note witllout tlle co-signer's consent. SubjeLt to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights alld benetits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, tÙr the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to an)' other fees, tlie 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 tllat are expressly prohibited by this Security Instrument or by Applicable Law. LOAN NO.: 0000408]70 Initial~ ~_ _ _ WYOIVIING-Singk Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/0] DoC/'w,'!' SH:V¡t;¡,s. Isc. F" {~I - ,\lMH;WYI':IlSJ Page 10 of 14 ORIGINAL ~ JL 000652 I r the Loan is subject to a law which sets maximum loan charges, and that law is tinally interpreted so that the illtereSlOr other loan charges collected or to be collected in cOlmection with the Loan exceed the permitted limits, then: (a) allY such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by maki ng a di rect payment to Borrower. If a refund 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 refund made by direct payment to Borrower will constitute a waiver of allY right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be ill writing. Any notice to Borrower in Wlll1ection with this Security Instnllnent shall be deemed to have been given to Borrower when mailed by tirst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrowt:r's change or address. If Lender specifies a procedure for reporting Borrower's change of address, lhen Borrower shall only report a change of address through that specified procedure. There may be only one designalednotice address under this Security Instrument at anyone time. Any notice to Lender shall be given by deli\<:~ring it or by mailing it by tirst class mail to Lender's address stated herein unless Lender has designated another addn~ss by notice to Borrower. Any notice in connection with this Security Instrument shall not be deenh~c\ to ha\'\.~ been given to Lender ulltil actually received by Lender. If any notice required by this Security Instrumellt is also requi red under Applicable Law, the Applicable Law requirement will satisfy the corresponding requiremellt under ùlis Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security lnstnunent shall be governed by federal law and the law of the jurisdiction in which Ùle Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note contlicts with Applicable Law, such connict shall not affect other provisiolls or this Security Instrument or the Note which can be given effect without Ùle cont1icting provision. As used in this Security Lnstrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) Ùle word "may" gives sole discretion without any obligation to take any action. ] 7. Borrow('r's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer 01' the Property or a Beneficial Interest in Borrower. As used in this Section ]8, "Interest in the Property" means an)' legal or beneticial interest in the Property, including, but not limited to, Ù10se belleticial ¡merests transrerred in a bond for deed, contract for deed, installment sales contract or escrow agreement. Ihe intent or which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lemler may require immediate payment in full of all sums secured by ùlis Security Instrument. However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. LOAN NO.: 0000401)]70 IllitialS~_~_ __ WYOMING-Single Family-F;lIIlIie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOc/'I"M' SU""ICl·;S. liVC H IR~I ~1~ITí;\\'\ï·~\151 Page 11 of 14 ORIGINAL Form 3051 1/0] 000653 If Lènder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period 0 Inot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all StnUS set.:ured by this Set.:Urity Instrument. If Borrower fails to pay these sums prior to lhe expiration of this period. Lender llIay invoke any remedies permitted by this Security Instrument without funher II00ice or demand on Borrower. 19. BorroweJ"s Right to Reinstate After Acceleration. If Borrower meets certain t.:Onditions, Borrower shall have the right to have enfort.:ement of this Security Instrument discontinued at any time prior to the earliest of: (a) tive days before sale of the Property pursuant to Section 22 of this Security Instrument; (b) sut.:h other period as Applicable Law might spedfy for the termination of Borrower's right to reinstate; or (t.:) entry of a judgment ent(>n.:ing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums whit.:h then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other t.:ovenauts or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, int.:luding, but not limited to, reasonable attorneys' fees, property inspection and valuation fees. and other fees i nt.:ulTed for the purpose of protecting Lender's interest in the Property and rights under this Security Instrumem; alld (d) takes such at.:tion as Lender may reasonably require to assure that Lender's interest in the Property and rights umler this Set.:urity Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall t.:ontinue unchanged Ulùess as otherwise provided under Applit.:able Law. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selet.:ted by Lender: (a) t.:ash; (b) money order; (c) certitied check, bank check, treasurer's check or t.:ashier's check, provided any such t.:het.:k is drawn upon an institution whose deposits are insured by a federal agency, inslllll1lentality or emity; or (d) Elet.:tronit.: Funds Transfer. Upon reinstatement by Borrower, this Security Instillment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. this right to reinstate shall not apply in the case of acceleration under Section 18. ZO. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the NOle (together with this Security Instrumem) can be sold one or more times without prior notice to Borrower. A sale Inight result in a change in the emity (known as the "Loan Servit.:er") that collects Periodic Payments due under the Note and this Set.:urity Instrument and performs other mortgage loan servicing obligations under the Note. this Set.:urity Instrument, and Applit.:able Law. There also might be one or more t.:hanges of ùIe Loan Servicer unrelated to a sale of the Note. If there is a change of ùIe Loan ServÌcer, Borrower will be given wrilten notice of the change which will state the name and address of the new Loan Servicer, ùIe address to which payments should be made and any other information RESPA requires in connection WÌÙI a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other ÙIan ùIe purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with ùIe Loan Servicer or be transferred to a sut.:t.:essor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purt.:haser. Neither Borrower nor Lender may t.:Olllmence, JOIl1, or be joined to any judicial action (as either an individuallitigalll or the member of a class) that arises from the oùler party's actions pursuant to ùlÌs Security Instnlmem or that alleges that the oùler party has breached any provision of, or any duty owed by reason of, this Security Instrument, until sut.:h Borrower or Lender has notitied the other party (WiÙI such notice given in t.:Ompliance with the requirements of Set.:tion 15) of such alleged breach and afforded the oùler party hereto a reasonable: period after the giving of sut.:h notice to take corret.:tive action. If Applicable Law provides a time period which must elapse bet(Jre certain at.:tion can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of act.:eleration and opportunity to t.:ure given to Borrower pursuant lO Section 12 allCl the Jotice 0 f acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy lhe notiL'e and opportunity to take cOITet.:tive éH;tion provisions of this Section 20. LOAN NO.: 0000408170 IlIitialS~)_~_ _ WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Fonn 3051 1/01 O(lCl""I,1' S,,"'I}':';". IN". F{) (~I· ~1~ITG\I'\ï-:IISJ Page 12 of 14 ORIGINAL NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 000654 2]. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances detïned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Envirollli1ental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" inçludes any response action, remedial action, or removal action. as detined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any EnvirolUllental Law, (b) which creates an Environmemal Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat. of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notitied by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup, 22. Accelenltion; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach at' any covenant or agreement in this Security Instrument (but not prior to acceleration under Section] 8 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the det'ault; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the deFault must be cured; and (d) that failure to cure the default on or before the date spl'cilïed in the notice may result in acceleration of the sums secured by this Security Instrument and sail' of the Property. The notice shall Further inForm Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender in vokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice ot' the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice ot' sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee 111<1)' purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is pell1útted under Applicable Law. LOAN NO.: 00004011170 Initials ~ ~- - - WYOI\'II NG -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/01 DuC/'!':U' 51:."'\)':¡;S, Is,'. H I (,\I . ~11\lT(;\\'\ï·~II$1 Page 13 of 14 ORIGINAL ~Ajh1 eX ~~)~ÙC .--sharon L. Walker ( Seal) -Borrower 000655 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and ill allY Rider executed by Borrower and recorded with it. Wi [ Jesses: '- ~- ~~ (Seal) -Borrower Sam P. Wnlker (Seal) -Borrower (Seal) -Borrower LOAN NO.: 0000408170 (Seal) -Borrower (Seal) -Borrower [Space Below This Line For Acknowledgment] The foregoing illstrull1el1l was acknowledged before me this ~ COUNTY SS: I - 7 - og (dale) STATE OF WYOMING, by SharOIl L. Walkcr AND Sam P. Walker --.---- ----.----..-.---..-.-. (person açknowledging) ..-------.--.----....--..-.. . -.. - ___, -_..." _.,., ___."_h. My COllllllÎssiol1 expires:__9-. u:-l~ -:-_jJ__H County of Lincoln State of Wyoming ÆL04Ù:U} ~~ ~-- . -- Notary Public, State of Wyoming M WYOMING-Single Falllily-Fallllic Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCl'IŒf'SEI"Vi<:liS,/,vc F< I/{~I M~IT!;WYJ-:\ 51 Page 14 of 14 ORIG[NAL Form 3051 1/0] Exhibit A File 6010716268 Description 000656 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: That part of the South. Half of the Northwest Quarter of the Southwest Quarter and that part of the North Half of the Southwest Quarter of the Southwest Quarter of Section 15, Township 31 North Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 486 of Photostatic Records on page 670, described as follows: BEGINNING at the northwest corner of said South Half of the Northwest Quarter of the Southwest Quarter; thence North 89°48'54" East, 688.68 feet, along the north line of said South Half of the Northwest Quarter of the Southwest Quarter, to the northwest corner oJ that tract of record in said Office in Book 395PR on page 600; thence South 00°00'47" West, 480.00 feet, along the west line of said tract, to the southwest point thereof, identical with the northwest point of that tract of record in said Office in Book 529 of Photostatic Records on page 288; thence South 85°32'05" West, 650.78 feet, to a point; thence South 00°01'34" West, 309.11 feet, to the northern most northwesterly point of that tract of record in said Office in Book 487 of Photostatic Records on page 192; thence continuing South 00°01'34" West, 259.04 feet, along the west line of said tract in Book 487 to a position on the center line of the Fairview-Spring Creek County Road No. 12-144; thence South 76°29'53" West, 41.14 feet, along said center line, to a position on he west line of the South Half of the North Half of the Southwest Quarter of the Southwest Quarter of said Section 15; thence North 00°01 '34" East, 118.60 feet, along said West line, to the northwest corner of said South Half of the North Half of the Southwest Quarter of the Southwest Quarter; thence continuing, North 00°01 '34" East, 329.20 feet, along the west line of the North Half of the North Half of the Southwest Quarter of the Southwest Quarter of said Section 15, to the northwest corner thereof; thence continuing North 00°01 '34" East, 658.39 feet, along the west line of said South Half of the Northwest Quarter of the Southwest Quarter, to the CORNER OF BEGINNING.