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HomeMy WebLinkAbout939967 Return To: FHHL - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING TX, 75038 -.', :./' '."1 ¡.... .... ' I I. '\. ,,': \ I F (i !.' ... RECEIVED 6/20/2008 at 2:41 PM RECEIVING # 939967 BOOK: 698 PAGE: 56 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY . - " .'; Prepared By: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. 1075 S. UTAH, SUITE 100 IDAHO FALLS, ID 83402 e00056 [Space Above This Line For Recording DataJ FHA Case No. State of Wyoming MORTGAGE 591-1014464-703 ,. MIN 100085200618762985 TIllS MORTGAGE ("Security Instrument") is given on January 15th, 2008 The Mortgagor is SHERRI ALDERS, AN UNMAR~;r,EJ)'·~iO~ ¡ ; I..,;,,'· I,. JAMES ALDERS, A MARRIED MAN ',' I .f: u; ~-" . Borrower owes Lender the principal sum of EIGH~ H~RED SIXTY THREE & 00/100 , ... Dollars (U.S. $ 176,863.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on February 1 B t , 2038 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the ;~~qI!,~Y<P~r.fRis Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under this Security Ins.tCùrhent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to ~RS (s~JelY· as. 'nominee for Lender and Lender's successors and ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of DeJaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. ("Lender") is organized and existing under the laws of THE UNITED STATES OF AMERICA has an address of 4000 HORIZON WAY , IRVING, TEXAS 75063 ONE HUNDRED SEVENTY SIX THOUSAND ,and 0061876298 , .1 FHA Wyoming Mortgage with MERS . 4/96 .-4N(WY) (0509) A nde 2/ (8) Page 1 of 9 Inll : VMP Mortgage Solutions, Inc. i . 'r'·¡::' < 11111111I11111111111111111111111111 !- .; ·,1 eoooS7 assigns) and to ilie successors and assigns of MER~: wii1i:'Pc?W#:·of sale, ilie following described property located in Lincoln: ,"".':',~;;,'''.''\':':'.. County, Wyoming: \'.'''',_' . .... :,....., ,,':'. \..1""" LOT 80 OF STAR VALLEY RANCH PLAT 3, LINCOLN, COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON.MARCH 3, 1971 AS INSTRUMENT NO. 428885 OF THE RECORDS OF T!lE'LINCOLN COUNTY CLERK. Parcel ID Number: County: 12-3519-24-4-0~-019.00 City: N/A which has ilie address of 319 CHOKECHERRY DRIVE [Street] THAYNEtéiiYJtlVf,r:òming 83127 [Zip Code] ("Property Address"); TOGETHER WITH all ilie improvements now or hereafter erected on ilie property, and all easements, appurtenances and fixtures now or hereafter a part of ilie property. All replacements and additions shall also be covered by iliis Security Instrument. All of the foregoing is referred to in this Security Instrument as ilie "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 law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any. or all o~ those interes~: ..~ql!\~W-g!IRut not. ~ited to, the ~ght to forec~ose ~d sell ~e Property; and to take any actIOn requITed of Lender;~mCIudiíìg,\ou:tnot limIted to, releasmg or canceling thIS Secunty Instrument :.~.;, : '.:;[';I¡:'li. ..'......,;; BORROWER COVENANTS iliat BorroWer is Idw~fìf:~èlz&rot' the estate hereby conveyed and has the right to mortgage, grant and convey the Property and iliat th'ë~Mpé'~ ls unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to thã;¡P4:operty against all claims and demands, subject to any encumbrances of record. '. TIllS SECURITY INS1RUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due ilie principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together wiili the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against ilie Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any y.ew: in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Dev~tQþp1.~nt'("Secretary"), or in any year in which such premium would have been required ifLe~der still held ~e SecwitY:}~s~~ÿnt, each monthly payment.~hall also include ei~er: (i) a sum for the annual mortgage msurance premIUm to be paId by:Lender to the Secretary, or (11) a monthly charge mstead of a mortgage insurance premium if this Security Instrument'is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implem~!J!:ÌI!g~~1.a,tions, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except iliat ilie cushiQtt:òi'(¡(\šërké;ipermitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are'avlill,able',ínJ,he account may not be based on amounts due for the mortgage insurance premium.~\';· j~¡ Ld,~f{t¡;}'\-'~'1/Ó,¡ l¡;'è"'P:¡:; :¡j)M):~;..·~· \ :ü'-:nh)' 0061876298 .-4N(WY) (0509) @ Page 2 of 9 Inlt~ ~ 000058 If the amounts held by Lender for Escrow Items exc~d lhë amounts permitted to be held by RESP A, Lender shall account.t~ Borrower for the excess funds as required 9~~.~~~:..f~ the amounts of funds h~ld by Lender at any ÛIne are not sufficient to pay the Escrow Items when due, Len.derm~)lJ)oJi,fy the Borrower and requlfe Borrower to make up the shortage as permitted by RESPA. " The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly ~efund any excess funds to Borrower. Immediately prior to a for~~osure sal~ of the Prope~ or its acquisi~on:,!pxŒt(~~&f;:~~Rfr0wer's account shall be credited with any balance remammg for all mstallments for Items (a), (b)','ffi.d,,~st..'a.(,tI;k íJr't!!:.~ 3. Application of Payments. All payments uq4è(p.ar~gråp~.s;Jland 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be:.pàidÞÝ,Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium;::' ~, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Bmrtb., to amortization of the principal of the Note; and tlfih, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All !I.ls.W¡f:lée shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held bY¡£(;nd~r and shall include loss payable clauses in favor of, and . ;; >_\f....~~.~\';:'. :~:_,.,~_ t " ': m a form acceptable to, Lender. . .:, I~_\ :Mì¡ly¡:.i\~it~r . . . In the event of loss, Borrower shal] gIVe Lender Immciliate notIce by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property.~Ar.¥;åpÞÜ.sation of the proceeds to the principal shall not extend or postpone the due date of the monthly payments ::W~icih~~IM\;~efá¥èd to in paragraph 2, or change the amount of such paym~nts. An~ excess insurance proce~ds ov~fl~i:iRnþ~qWlt~9Hlf.~4;.'io pay all outstanding indebtedness under the Note and thiS Secunty Instrument shall be paId to the entJI~<lt&~.~\,~~~tled thereto. In the event of foreclosure of this Security Instrumen(iji';oÜ!er transfer of title to the Property that extinguishes the 1".1, -'.'" indebtedness, all right, title and interest of Borrower in and tó Insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect ~C\'tRF~serve such vacant or abandoned Property. Borrower I ",. ':.~ . .. .~. Inll~ .-4N(WY) (0509) @ Page 3 of 9 ~ .-~., (;". ~. , ,~î~f!fi~~~~~~:, (;¿~' -',~:"~:':J,.~;ll, i:·:.\~:: 1!~Y ú r "r'¡?1:\:¡~h ,'.'!. ,,; ,..' "". .' (:00059 shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Prop~rty, QI:;, for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the,Jµll am~unt of the indebtedness that remains unpaid under the ';"-' 'I"'. ,h Note and this Security Instrument. Lender shall apply suèh,proce~s to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent' amou'Qts:.áþplied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of L.~l1d,~~.~~),Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and imposi~onstfÏa(aren'ot included in paragraph 2. Borrower shall pay these 'i,: " ': . '._ }' " ..' ~_ ' '.' '; "" obligations on time directly to the entity whiclr,i~ o~edtl1e.pâ)áneìii. If failure to pay would adversely affect Lender's T ,'>;" ., - ~..;;.I" ':__ '.-. -,','- J r ". J.:.:" _', " ~ interest in the Property, upon Lender's request Boqowèr;shàlLpromptly furnish to ,Lender receipts evidencing these ~ i, '. .. _ . Ii " '.,,~, ,- '.. payments. . . .' . { If Borrower fails to make these payments or the paymenfirequired by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or reguJations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the pbligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement o(ine)i~n in, legal proceedings which in the Lender's opinion \ -~t" _ l'.;' '. operate to prevent the enforcement of the lien; or (c)~~'iNP~"ftpm the holder of the lien an agreement satisfactory to Le~der s~bordinating ,the ~en.to this S~urity In~tn~~f.Pt\¡JP,,~M~r determine~ that any part of th.e ~oper.tr ~s subjec.t to a lien which may attaIn pnonty over thiS Secunty Instrument,I:ender may give Borrower a noUce Identifymg the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by .~~~~}f1~ons issued by the Secretary, in the case of payment defa~lts, require immediate pay~ent in.~ultRt:,tHl~~~;~r~æ-ed by this Security.Instrume~t if: . (I). Borrower defaults by failing t9,,~ax.,)m;l~~'t~.t:m~m~ly payment requIred by thiS Secunty Instrument ~~or to or on the due date o~ ~e ~){tWR~tþ~X,.1?,wme¡~Wor ... . (11) Borrower defaults by failing, for apenod:of tlÙtty days, to perform any other obligauons contaIned m this Security Instrument. '¡<>¡!':¡;. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 V.S.C. 1701j-3(d» and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: .-4N(WY) (0509) ~ Page 4 of 9 1'(, I :¡,¡. ....-.\; ¡:'~\'~\P:~r' t:-L'_". . . ,.f.( '".lÎ:.L:GJY).';( . (.:r/ '":!..I :"~:,"'f";' ,. "'. 000060 (i) All or part of the Property, or a benef~~i~~iM~t~iri}~,,~ trust owning all or part of the Property, is sold or o.~erwise transferr~d (other th~ b~:äeh~¡~iß~;/i~~~d.~1d1ù1d . ,., (11) The Property IS not OCCUpIed by' Wÿ,~gW'fPM~fo~ grantee as ,hIS or her pnncIpal reSI?ence, or the purchaser or grantee does so occupy the P.roperty bÙt hIS or her credIt has not been approved ill accordance with the requirements of the Secretary.' (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of DUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by reguJations of the Secretary . (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligibJe for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of ~l,sums secured by this Security Instrument. A· written statement of any authorized agent of the Secretary:,dåted subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note; shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this optionmafnqt\be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a riiòrtgage insurance premium to tl:1e Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current inc~µ9.ing~ to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs an~ {~~n~?;'~l:;~~licustomary attorneys' fees and expenses properly associated with the foreclosure proceeding. \:Upön,'.µ~.Wsl4të.Ò1.¢r.:k,by Borrower, this Security Instrument and the obligations that it secures shall remain ineff~t'~·aŠ¡jf-,t.e~d,ér~~~~4fÌÌot required immediate payment in full. However, . ".\1\. ..tCI.,_.1..t.,".·.., Lender is not required to permit reinstatement if: (i)};~1\4~r¡~~e.s accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Se'Ye~alJAability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the sU,(;c~$sÖrs and assigns of Lender and Borrower, subject to the '~', ~ .-.~''t '.'" provisions of paragraph 9(b). Borrower's coven~~:~g,¡~~~rprn~nts shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the :Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. ;, :~I~~~!~~~ i.¡n~\,;.l:( .-4N(WY) (0509) ~ Page 5 of 9 ,. ~ Û0006~ 13. Notices. Any notice to Borrower provided fo{'iriHthi~ Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law'reqriif~¡ìi~6;6f another method. The notice shall be directed to the Property Address or any other address Borrower designates by"fibtice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is Jocated. In the,eyeIltWliranyhjrovision or clause of this Security Instrument or the Note conflicts with applicabJe law, such conflictshallnPtái.f~¿fÒtliêr provisions of this Security Instrument or the Note which can be given effect without the conflicting pro\risi~n):,~TC)ithis end the provisions of this Security Instrument and the Note are declared to be severable. .,' .:, 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences 'shall not appJy 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances ,affecting the Property is necessary, Borrower shall promptly take all necessary rem,Ydial,.aêtions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous S~Þ~~H~Þ::;, are those substances defined as toxic or hazardous substances by Environmental Law and the following~Hb§WPt~~:/$f1S0line, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solventS;: materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender fur,tþfi~\.~~venant and agree as follows: 17. Assignment of Ren~. Borrower unco~di~~~*Y¡.tæsj&!}.~ì1'"d transfers to Lender all the rents and r~venues of the Property. Borrower authonzes Lender or ~P~~fif!~d~S~æ(:~p¿YRHect the rents and revenues and hereby directs each tenant of ~e Property to pay the rents to Lenq~r~~(MR~e,r;~'~~,~RW However, prior to Lender's notice to ~orrower of Borrower s breach of any covenant or agreement ill ;theSeçlir,íty.Jnstrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit ofLt;iII~çr"and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional secmty only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any defa~l~ oy)¡,\validate any other right or remedy of Lender. This assignment of rents of the Property shall terminate whe~Ja~\de~~' secured by the Security Instrument is paid in full. . ',1~_l ~¿ ; i, ,;.,i' )~\:k }~!;T:;, .-4N(WY) (0509) @ Page !I; Of; 9,. P,·~'~i~~" '~':Ü~:+~~~:':; ""d- S:A 000062 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender 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 paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, inacC:;OI:.Ø-l,\o,ce with applicable law. Lender shall give notice of the sale to Borrower in the manner provided in paf,~g~apìíi3. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed,býÇàpp».é~b,Je law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shå~ bt(a'pplitiCi 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. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 199/V!("Act") (12 V.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Ad.!'t«(Ç9WI1i'~~#e foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentenc.eshalf'd·epHvfíþé:Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law~;';,.'?>:,,~ ¡';!:;'···i;;'''' . ,:" -I.." 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property . 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. o Condominium Rider o Planned Unit Development Rider o o ~.~ '.'i ":'~, ~;.~ GrowÅ¥~;~Mlty Rider Gn~~~'~f~~,.~~r~ent Rider ¡.'¡)J i¡;t:'·ì1¡i,î¡/ o Other [specify] . ",J. &ì:!~,r~;":- l ...\,'. <. .t;i'¡),:·ÙQ"Ó':iWi{¡i:,t;'f ~\ ~~;'·âl·. dJ·s~.·..<~'>.,\.;'~\~V;·:[~ .; 0061876298 .-4N(WY) (0509) (!) ".' !., .tI.~ '",u.~ S'<\ p.i~h~~~ ¡i ',.,\O<l Y,'" 'f';"¡' ' . /'\. :':'~'~'\.'..'.. ':.'.~..'[~,::,.,:t'.·.-~.··¡·;~'\ "., ~},: -~~~>~, iL C00063 . '.....'- ,t.'{: '~j' :. ~ ¡., "," - - . ,', ":.:: ,":' . '.. -- ) i"~>:f t:: "'.),,', ;";; >":< .j~::~.;,~:'~:' BY SIGNING BELOW, Borrower accepts ..anp. agx:~s. Jp, ~e, F~rms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it:" ..' . ~ Witnesses: .' ~~- . oj ~-- (Sea]) ~ ALDÉRS -Borrower (Sea]) -Borrower ~ JAMES ALDERS (Seal) -Borrower -Borrower ,'" ;' (~~):}t.i) (,:~,..}, .!:I ,.;!, '~·,.L:~g..\;¡ê·\i'tÖ. ';l\....".~.."u.t ;.!;-ß~rówer .i/::.\,. ..:. (Sea]) -Borrower (Seal) -Borrower (Sea]) -Borrower ,-' . 0061876298 .-4N(WY) (0509) ~ Page 8 01 9 000064 STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this by SHERRI ALDERS ASTI.~; .) ,ARY PUBLIC County of Lincoln Stata of Wyoming i,.. My Cor:>II iSSIOn Expires March 28, 2011 My Commission Expires: Tr) ÛJ.. ()f/i. c:....q¿r; óýJ /! \ht ~~\~ \v-S~~t \A<:s, (.l,,~owk!~ci< 'v1&c.\-C. ~ ~~ , J"'l 4 Mo..y by J""ð\~') -A-\Áus \ it" ~ 0061876298 .-4N(WY) (0509) @ .,