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Home My WebLink About940980 7¿...... 6010816920 Return To; PRIIIIBLIDIDUle, A PWAINSc.vITAL COMl?ANX Attn: Final I:X:x::uIrènts 18111. Preston Rd, SUite 720 D:ù.las, 'IX 75252 RECEIVED 8/1/2008 at 4:22 PM RECEIVING # 940980 BOOK: 701 PAGE: 402 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared. By: :PRI1VE..ENDIm, A PLAINSCAPI'OO, CXJIV?ANY 18111 Preston Rd., SUite 900 D:ù.las, 'IX 75252 00°402 Loan #: 3015600~30 State of Wyoming (Space AWve 'l1Iis Llae For Ræordlu¡ Data) MORTGAGE 591-1051240-703 ~UN 100053608070204767 THIS MORTGAGE (·Security Instrument'~ is given on JUly :31, 2008 The Mortgagor is ŒVIN J. Szyr.w¡¡sKI¡ and AFmN B. s~, HUSBAND AND WIFE 111 /}}- { r/' ("Borrower"). This Security Instnunent is g¡V¢n to Mortgage IDectroniè Registration Systems, Inc. (OMERS"), (soleJy as DOmiuee for Lender, as hereinafter detîned, and Lender's successors and as.), as mortgagee. MERS is organized and existing under the laws of Delaw.are, and bas an address and telephoDC number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. PRIMELEli/DI1IG, A PLAINSCAPI'mL c.'CMf?ANY ("l.eJJder") is or8anized and existing ~r the laWs of hannaddress of 18111 Preston Rd., SlP.te 900, , , and the State of Texas OOlas, 'IX 75252 . Borrower owes Lender the prlncipal ~'UDl of one Hu:rXJred Seventy Five ThousarxlIQle I:lmðred Sixty 'IWo And lIb/l000ths Dollars (U.S. $ 175,162.00 ) This debt is evidenced by Borrower's note d*ted the same date as this Security Instrument ("Note"), which provides for monthly payments, with the fuJ deb~, if not paid earlier, due and payable on August 1, 2038 . This Security Tnstrum~nt secures to Lender: (a) the repayment of ttle debt evidenced by the Note, with ¡nterest, and all renewaJs, extensions I and modifications of the Note; (b) the payment of all otber sums, with interest, advanced under paragraph 7 to prot:ct the security of this Security IDIII.nuneJ)t; aud (c) the perlbnnance of Borrower's covenams and agreements under t)ús Security Instrument and the Note. For thi<¡ pllIpose, "Borrower does hmby mortgage, grant and convey to MßRS (soleJy 88 nominee for Lender and LendéI's successors and FHA MorI9-eowhh MER8. WY VMPQjI Walt... KIuw.. fin......, Servl_ Rov'.... of/ee t)~ ^"''''*'' 2101 . ~,P4NIWYII08031.00 Page' alII InlU... - l"i,OO 3 " t'10 assigns) and to the successors and assigns of ~ with power of sale, the ·following described property located in LIN:DLN County, Wyoming. wr 13 OF o::Yl'IOfØXD SUBDIVISION 1l\ME:NI:m), LIN:X:ILN COONlY, WYCMING AS DESCRIBED CN '!HE OFFICIAL PLAT FILED ON APlttL 4, 1978 AS INS'IR{J.1ENI'ro. 506316 OF '!HE lUOCX>RI:S OF '!HE LIN:X:>LN COONrY CLERK. Parcel ID Number: 1231183110103000 which has the address of 72 ~ ~VE [Streetl EMX1r (Cityl, Wyoming B3126-00~ Codo] ("Property Address"); TOGETHBR WITH all the ìmprovement.~ now or hm:after erected on the property, and all easement.'I, appurteÐances and fixtures now or hereafter a pan of the property. All replacements and additions sball also be covered by this Security Instrument. All of the ft)reg0ÌD8 Is referred to in this Securily InstrUment as the "Property." Bonower understands and agrec.'I that MBRS 40lds only leBal title to the iDtere.'II.'I granted by Borrower Ùl this Security Instnunent; but, if necessary to complyl with law or custom, MBRS, (as normnee for Lender and Lender's successors and assigns), has the right: to exercise. any or all of tbose interests, including, but not limited to, the right to foreclose and sell the Property; and to take aný. action required of Lender includiD¡, but not funjtcd to, rcJeasiDB or canceJing this Seeunty Instnunent. BORROWER COVENANTS that Borrower: is lawfully seized of the estate hereby conveyed and bas the right to mortgage, grant and convey the Property and that the Property is unencumbered, except fur encombnmces of record. Borrower warrants and will defend genemlly thel title to the Property against all claims and demands, subject to any encumbrauces of record, TInS SECURITY INSTRUMENT comb~ UJÙfurm coveoants fur uaúOllal. U8C and. non-unifonn covenantS with limited variations by jurisdiction to co.nstitu~ à unifunn security instnunent covering real property. . Borrower and Lender covenant and agree as !follows: UNIFORM COVENANTS 1. Payment of Prlnclpal, Interest and ~e Chlllp. Bonower shall pay when due the priDcipal of, and imerest on, the debt evidenced by the Note and late ~ l1ue UDder the Nore. 2. MonthJy Payment of Taxes, Insurance and Other Charges. Burrower lIhall include in t:aeh monthly payment, togethèr with the pri1lclpal and interest I'S set forth in the Note and any latc charges, a sum for (a) taAes and Iopecial as&eSlo'Jllcnts levied or to be levied apInst tbe Property, (b) leasehold payments or ground reurs on the Property, and (c) preDÚ1JJDS for insura.ncc requi~ under paragraph 4. In any year in which !be Lender must pay a mong38e insurance premium to ahe Secretary otl Rousing and Urban Development ("Secretary"), or in any year in whicb such premium would have been required if Lender still held the Security Instrument, eacb monahly payment shall also include either: (i) a sum for the annual itI'JO'rt8age insurance premium to be paid by Lender to the Secretary, or (ü) a mondtly charge instead of a mortgage iJI5~r8DCe premium if this Security IDstnuneut is held by the Secretary , in a rea.'IOßablc amount t() be determined I)y the! Secretary. Except fur the montbly charge by the Secretary, these items are called "Escrow Items" and the sums pailJ to Lender are called "Escrow Funds, " FHA Mon..,. with MERS· WY VMP8 WoI..- KI....er ~I"_" Sorvl_ !'wI... 41118 ~ Amonlod 21\)1 ~ VMP..HIWYII08031.00 1nI~"':, ¥ ' I'ogo 2 01 8 'II 000404 Lender may, at any time, collect and Mid ¡un0unt:5'for Escrow Items in an aggregate aJOOnnt not to exceed. the maximum amount that may be required fur Bo~wer's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C, Section 2601 et seq, $00 implementing regulations, 24 CPR Part 3500, as they may be amended from time to time ("RBSPA"), exceptlthat the cushion or reserve permitted by RBSPA for unanticipated disbw:semeuts or disbursemeD18 before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow IItems exceed the amouD18 permitted to be held by RESP A, Lender shall account to Borrower for the excess funds a$ .required by RBSP A, If the amounts of funds held by Leru1er at any time are not sufficient to pay the Escrow Items When due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RBSP A. The Escrow Funds are pledged as additiQD8l security for all sums secured by this Security Instrument. If Borrower teodelS to Lender the full payment of éll such sums, Borrower's account shaß be credited with the balance remaining for aUmstallment items (a), (b). and (c) and any mortgage iDSU1'aDCe p.t'CIDÍum. .installment that Lender has not become obligated to pay to tbe Secretary, !8Dd Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the troperty or Its acquisition by Lender, Borrower's account 6hall be credited with any baIam:e remaining for aU iDstaltments for itema (a), (b), and (c). 3. AppUcatlon of Paymènts. AU payments under pamgraplu; 1 and 2 shaU be applied by Lender as follows: fim, to the mortgage insurance p.renuum to be paid by Lender to the Secretary or to the montbly charge by the Secretary instead of the monthly mortgage insurance premium: ~, to any taxes, special assèssments, l~ld payments or ground reD18, and fire, flood and other hazard insurance premiums, as required; II1.k!I. to înterest due under the Note; fmWJ!. to amortization of the principal of cJ)e Note; and EißI!, to late cbarges due under the Note, 4. Fire. Flood and Other Hazard Insurançe. Borrower sbaU 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 ill8U1'aDCe. This insurance sha1). be rnAÌnmiœð in the amounts and for the periods that Lender requires, Borrower shall also insure all improv~nts on the Property, whether now in exiStence or subsequently erected, against loss by floods 10 the extent requ!red by the Secretary, AU insurance sba1l be carried with companies approved by Lender. The insurance policies and ìlny renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, tender In the event of Joss, Borrower shall give Lender immediate notice by mall. Lender may make proof of loss if not made promptly by Borrower. Each im.'Urance cOJWany com:t:l'Jæd is læn:by authonzc:d .00 diœcted to malœ payment for 111lCh lo.ss dirt:ctly to Lender, i11stead of to åorrower and to LeDder jointly, All or any part of the Im'11I'ance pr0c.c:ed8 may be applied by Lender, at its optioq, either (II) to the reduction of tbe índt:btedness under the Note am.! this Security Iumument, first to any delinquent a;mounu applied in the oIder in pamgrapb 3, and then 10 prepaymem of principal, or (b) to the restœation or repair ;of the damaged Property. Any application of the proceeds to the pdøcipal shall110t extend or postpone the due dale of the monthly paymcuts which are referred to in paragraph 2, or change tJ1e amount of such payments. Any eJtce.s$ insurance proceeds over an amount required to pay all outstanding indebtedness under dIe Note and this Security Jns(rument shall be paid to the entity legally entitled thereto. Tn the event of foreclosure of tbis Secnrity T;mtrument or other transfer of title to the Property that extinguishes the iudebtedDe.~R, aU right, tide and interest ofl Borrower 1n and to in.'ffirance policies in force shall pass to the pun:haser. FHA Mortaov. will> MfiR8· WV VMPQt Wolle" Kluwo< Fln...CI.1 s.rvt_ Aw'.... 4/08 ~ Am....... 2/01 VMP4NIWY 108031.00 '11111... Pog_;, '" . 000405 S. Occupancy, Preservation, Maint$UUlœ and Protection of the Property; Borrower's Loan Applicatiou; Leaseholds. Borrower sbaI1 occupy, establish, :and use the Property as Borrower's principal residence within SÏJlty days after the execution of this Security InstmUlent (or withiq sixty days of a later sale or traosfer 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 requit,ement will cause uOOue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating C.llCUlDStances, Borrower shall not commit ~ or destroy, damage or substaotially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may iuspect the Property if the Propeny is vacant or abandoned or the loan is in deJault. Lende£! may take reasonable action to protect aDd preserve such vacant or abandoned Property. Borrower shall also be Þ1 defauJt if Borrower, during the loan application process, gave materially false or inaccurate infunnatìon or sl',atements 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, representab0D8 conceming Borrower's occupancy of the Pro11erty as a principal residence. If this Security InstruDlOnt is on a leasehold, Borrower sIIa11 comply with the provìsions of the loase. If Borrower acquires fee title to the Property, the leasehold and fee tide shall not be merged unlesIí Lender agrees to the merger in writIng, 6. Condemnation. The proceeds of any a~ard or claim for damages, direct or consequential, In connecnon with any condemnation or other taking of any pan I of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the .extent of the full amount of the indebtedness Chat remains unpaid under the Note and this Security Instrument, L~nder shall apply such proceeds to the .reduclion of the indebtedness under the Note and Ihís Security Instrument. I first to any delinquent amounts applied in the oIder provided in paragraph 3, and then to prepayment of principa;.. Any application of the proceeds to the priDci.pal shall not extend or postpoJlO &he due date of the moDtbly paymeDtS, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amountirequired to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity le8ally entitled thereto, 7. Cbarges to Borrower and ProtectIou of Lender's Rights In the Property. B'oIIOwer shall pay all governmental or municipal charges, fines and qnpositions that are not included in paragraph 2, Borrower shall pay these obligations on time directly to the 'entity Wbích.is owed the payment. If failnre to pay would adversely affect Lender's interest in the Property, upon LeJXer's request BOlTower shall promptly fumisb to Lender receipts evidencing these payments. If BOIIOwer fails to make these payments or tlie payments required by paragraph 2, or fails to perf'ODD any other covenants and agreements contained in this Sec$ity Instrument, or there is a legal proceeding that may slgnificamly a.fæct Le.nder's rights in the Property (such as Ij. proceeding in bankruptcy, for condemnation or to enforce laws or n:gulations), then Lender may do and pay wÌ1a(ever is ru:cessary to prote<..'t the value of the Property and Lender's rights in the Property, including payment of tax~.s, ha7anl În\'\mIIICe IUId other items mentioøed in paragraph 2. Any amounts disbUl!ied by Lender under this paragraph shall become an additioDal debt of Borrower and be secured by fhís Security Insttument 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 bas priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the ob)ìgaûon secured by the lien in a manner acceptabJe to Leuder; (b) contests in good tàith the lien by. or defends ~gainst enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the boWer of the lien an agreement satisfactory to Lender subordinating tbe lien to this Security Instrument. If Lender detennines that any pan of the Property is subject to a lien which 1DIÎY attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrow~ shall satisfy the lien or rate one or more of the actions set forth above within 10 days of the giving of notice. FHA MOr1,,' wllh MER$ - WY VMPtp WoIlt.. Kluw.r "_0111 &!,v_ _4111B A>!r ""*"*' ZIO 1 \)5 P4NIWVI IOØ031.00 1n1U1f" ' p... 4 .n ". I 000406 8. Fees. Lender may collect fees and chargC'$ authori;¡;ed by the Secretary, 9. Grounds for Acœleration of Debt. (a) Default. Lender may, except as limited by regulations issued by thl: Secretary, in the case of payment defaults, require immediate payment in (un of all Sùms secured by this Security Instr\lÍllCDt if: (1) Borrower defaults by failing to P!ly in full any monthly payment required by this Security I:n8tnunent prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, fot a period of thirty days. to perform any other obJigations contained in thJs Security Instrument, (b) Sale Without Credit Approval. Le;nder shall, if permitted by applicable law (includiÐg Section 341(d) of the Gam-St. Germain Depository lnsututions Act of 1982, 12 tJ,S,C. 1701j-3(d» and with the poor approval of the Secretary, require Imme~llate payment in full of all sums securcd by tlús Security lIl$uument if: (i) Allor part of the Property, or a ~ficiaJ mterest in a trust owning all or part of the Property, is sold. or otherwise transferred (other than Qy dev1se or descent), and (ü) The Property is not occupied ''by the purchaser or grantee as his or her princ.ipaJ. residence, or the purchaser or grantee does so occuPY the Property but his or her credit has not been approved in accordance with the requiIements of the Secretary, (e) No Waiver. If circumstances occur \hat would permit Lender to require immediate payment in run, but Lender does not require such payments, !Lender 40es not waive its rlgbts with respect to subsequent events, (d) Regulations of ß1)D Secretary. I~ many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment I defaults, to require I.nunediate payment in full and foreclose if not paid, T1ús Security Instrument does not lauthorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Insttument and the Note are DOt determined 10 be eligible for insurance UDder the ziratioual Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate p,ayment in full of all sums secured by this Security Instrument, A written statement of any authorized agent of the Secretary cWèd subsequent ~ 60 days from the date hereof, declining to insure tbis Securily lnstr'iJm.eilt and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the fore~oing, this option lOay not be ex.ercised by Lender when the unavailability of insurance is solely ~ to Lender's failUre to remit a mortgage insurance premium to the Secretary. 10. ReInstatement. Borrower has a right to be reinstated if Lender has reqtJired immediate payme¡u in full because of Borrower'¡ failure to pay an amount:due under me Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted, To æinslate the Security Inst.nuDent, Borrower shall teJJdtr in II lump sum Iill amounts required to bring Borrower's account ,-'\1Il'tmt incJudiD8, to the exttmt they are obllglllio~ of Bonower under this Security Instrument, furec1~ure costs and rea&oll8ble and customary attorneys' fees and CJlpel18cs properly associated with the foreclosure prm:eedÍ1Ig. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain -in ~ect as if Lender bad Dot required immediate payment in full. However, Lender is not required to permit ~instatement if (i) Lender bas accepted rein&tatement after the commencement of foreclosure proceedings withio two years Îmmediately preceding the commencement of a current foreclosure proceeding, (11) reinstatement wilt þrecfude foreclosure On diffCTent grounds in the future, or (iii) rcin.~tement will adversely affect the priority of ~e lien created by tbi~ Security IDstroment. FHA Mortg"", whh MERS - WY VMPS WoItIf$ ¡(lu\VOl 'In.ncloI servt... RaIIlHd 4198 A""-d.2I01 t\' .b.-(VMP4NIWYI (0803).00 Inhl"., ~ P.-80111 e00407 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secur¢d by this Security Instrument granted by Lender to any successor în înterest of Borrower shaU not operate to re1e8.$e the liability of the original Borrower or Borrower's successor m interest. Lender shall not be required to comme.nce proceedings against any successor in :interest or refuse to extend time fur payment or otberwise modify amortizaflon 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, U. Successors and Assigns Bound; Joint and SeveI'aJ LlabiUty; Co-Slpel'8. The covenants and agreementB of tins Security Instrument sball bìnd and benefit the. successors and assigœ of Lender and Borrower, subject to the provisions of paragraph 9(b), Borrower's covenants and agœements sbaJl be joint and several. Any Bouower who CO·Slgns this Security Jnstrume.ot but does not execute the Note: (a) .is CO-Signing thìs Security Jnstrument only to mongage, grant and convey that Borrower's inttrest in the Property ui1der the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instlument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, fOrbear or make my accommodations with reg!U'd to the terms of tb1s SecI,1tÌty InstnUDent or the Note without that Botirower's consent. 13. Notices. Any notice to Borrower provided fur in this Security InsI1'Umeßt shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Bon'Ower designates by notice to Lender. Any DOUce 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 InstruJQent shall be deemed to bave been given to ijorrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by F~ law and the law of the jurisdiction tn which the Property i.s located! In the eve.m that any provision or clause of this Security Instrument or the Note conflicts with applicable Jaw, such qanfJict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conßicting provision. To this eod the provisions of this Security Instrument and !he Note are declared to be severj\b1e, 15. Borrower's Copy. Borrower sball þe given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shaU not cause or permit the presence, use, disposal, storage, or reJcase of any Hazardous SubstanCes on or in the Pro~rty. Borrower shall not do, nor allow anyone else to do, anything affectirig the Property rhat is in violation of anyi Bnvironme1ital Law. The preceding tWO sentences shall not apply to the prese.uce, use, or storage on the Property of small quantities of Hazardous SubsÞwces that are generally recognized to be appropriate to DOrmal r~identùll uses and to maiDtetIaIICe of the Propt:rty. Borrower shall promptly give Lender writt(:n notice of any inve¡¡tigation, claim, demaniJ, JaWl>11it or other action by any governmental or regulatory agcucy or pnvate party involving the Property and any Hamrduus Sublitance or Envíromncntal Law of which Borrower has actu!ù kuowledge. If Borrower 1eanJs, or is notified by any govcmmeutal or regulatory authority, tllat any reJDoval or other remediatiOll of any Hazardous Substances affecting the Property IS necessary, Borrower sball promptly take all neceSsary remedial actioDS in accordance with Environmemal Law As used In this paragraph 16, "Hazardolis Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the fo~lowîngsubslances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containÎng asbestos or formaldehyde, and radioactive roaterWs. A<¡ used in this paragraph 1.6, "Environmental Law· mean.'i fedeIa11aws and law8 of the jurisdiction where the Property is located that relate to health, safety or environmeDtal. protection. FHA Mort,,,,. wUh MillS· WY VMPeI Wolle.. K'uwII FfNncallServl_ R.vl_ 4/88 ~ Amoneled 2/0 1 bt{MP4NIWYII08031.00 ''''''010: S ~ p... II of' (;0040B NON-UNIFORM COVENANTS. Borrower andlLender further covenant and agree as follows; 17. Assignment of Rents. Borrower UIlI:oJiditionaDy assigns and transfers to Lender all the rents and revenues of the Property, Borrower authorizes Lender or ILender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents tol Lender or Lender's agents, However, prior to Lender's notice to Borrower of Borrower's breach of any covenantior agreement in the Security Iustl'uJnent, Borrower 8haIl collect and receive all rents and reveJl\'leS of the Property ~ trustee for the benefit of Lender and Borrower, TIns assignment of rents comtitutea an absolute assignment and not 4n a8S1g.nment for additional security ooly. 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 I to the SlIms secured by the Security Instrument; (b) Lender shall be entil1~ to collect and receive all of the rents oflthe Property; and (c) each te.uant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on ~Dder's written demand to the tenant. Borrower has not executed any prior assigtUnent of the tents and has not and will not perform any act that would prevent Lender from exercising its rights under tbis paragraph 17. Lender shall not be required to enter upon, ¡take control of or maintain the Propert}' before or after giving notice of breach to Borrower, However, Lender or a Ndicially appomted receiver may do so at any time there is a breach. Any application of rents shall not cure or waivelany default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security ÙlStrumeDt is paid in full. 18. Foreclosure Procedure. If Lender req'uires bnmediate payment in fuD under paragraph 9, Lender may invoke the power of sale and any other remed(es permitted by applicable law. Lender shall be ènt.itled to coiled all expell5fS incurred in pursuing the remedi4!S provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evi~ence. If Lender invokes the power of sale, Leß~er sbaD give notice of intent to foreclose to Borrower and to the person in possession of tbe Property, jf differ$lt, 10 accordance with applicable law. Lender shall give notice of the sale to Borrower in the manner provided 10 paragraph 13. Lender shaD publish the notice of sale, and the Property shall be sold in the manner prescdþed by applicable law. Lender or Its designee may purchase the Property at any sale. The proceeds of the sale¡ sball be applied In the following order: (a) to all expenses of the sale, including, but not limited to, reasoJUjble attorneys' fees; (b) to all smns secured by this Secûrity Instrwnent¡ and (c) any excess to the person 0t persons legally entWed to it. It the Lender's interest in this Security Ilnstnønent Is held by the Secretary aDd the Seuetary requires immediate payment in full tmder paragraph 9¡ tbe Secretary may Invoke the noajudidàl power of sale provided in the Single Family Mortgage Foreclosure !Act of 1994 ("Ad") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated WIder jhe Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the precedl~g seotençe shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18i or applicable law. 19. Release. Upon payment of all h'UJIJ:i sej.'\1Ied by this Security 1Ds1IUDleJlt, Lender .sball release this St:t:unty I:w.uument without charge to Borrower. Borrowé.r shall pay any recordation costs. 20. Waivers. Borrower waives an rights of homestead exemption in the PropeJty and rcUuquishes all rights of curtesy aDd dower in the Property. 21. Riders to this Security INtrument. It. one or more riders are executed by Borrower and recorded together with Ihis Securîty Instrument, tbe covenants o.f each such rider shall be incorporated into and shall amend and supplement the covenanls and agreements of this Security Jnstrument as if the rider(s) were a part of this Security ImtIUJDent. [Check applicable box(es)]. o Condominium Rider 0, Gtowiog Equity Rider 0 Other [specify] D Planned UJÚt Development Rider D, Gtaduated Payment Rider FHA Morrgego with MER$ . WY VMP8 Wellen Kluwor Flno..,Jo' 801V1_ RevfGod 4'" Amended 2/0 "5 þ:þ VMP4N(WYJ 108031.00 Intll"" Y . Pili'" 7 of 8 000409 BY SIGNING BELOW, Borrower accepts!and agrees to the tenm contained in this Security Instrument and in ;r..::;)-bylJonowQuuI=-....U, D ~ (8<aI) ~ -Doøower (Seal) -Doøowor (Seal) -Poøower (Seal) -BolTOwer . (Seal) -~onower (Seal) -BolTOwer ! (Seal) -$olI'Ower (Seal) -Doøowee FHA Mong. wl1h MER' . WY YMP qp WoIt". Kluwor f_1I SOrvIC.. R.vl..d 4,., Amondod 2IQ1 Di ~VMP4NIWYIIO.03¡.OO InIdll., PIgO 8 of 9 00041.0 SI'ATE OF WYO],ßN~, ufct.¥ì Coooty ss: 5c&t \ cJe.!¿ This imtrumcnt was acknowledged before )ne on J uJ..vy ~I I 200'5 by DEVIN J. S~ am AF'I'.E:N B. SZYMANSKI - 0 My COmm.J8&Ïon Expires: (p. :?C) . 2.0 I 0 ~ Jr/\rN\A/:1/J NolaIy Poblie Tille (and Rank,) NOTARY PUBLIC MONICA THOMAS 1344 we.14875 $ouIII Rlverdale, Utah .....OS My Commllllon EllpH' June 30. 2010 STATE OF UTAH FIlA MOJtSogo willi MER& . WY \IMp 18 WoIto.. Kluw.. fln.nOl., g.,vlc.. Re_ 4'90 Amondod 2101 0' MMMP<lNCWVI 1080:t1.00 'riUalo, ~ pag.. D'8