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HomeMy WebLinkAbout944102 .........., 6010817346 Return To: Bank of the West Post Closing 13505 California St. NE-BBP-LL-P Omaha, NE 68154 RECEIVED 12/10/2008 at 12:29 PM RECEIVING # 944102 BOOK: 710 PAGE: 811 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared By: Donna O.lConnell 13505 California St Omaha, NE 68154 00&817 [Spaee Above ThIs Line For Recordlug Datal MORTGAGE MIN 100104088005370810 DEFINITIONS Words used In multiple sectJons of this document are defined below and other words are defined In Sections 3, 11, 13, lB. 20 and 21. CertaIn rules regarding the usage of words used in this document are also proVlded in Sectton 16. (A) "Security Instrument" means this document, which IS dated December 08, 2008 together WIth a11 Riders to this document. (B) "Borrower" is LARRY D CLARK and ALPHA L CLARK, HUSBAND AND WIFE Borrower is the mortgagor under this Secunty Instrument. (C) "MERS" is Mortgage ElectronIc Registration Systems, Inc. MERS is a separate corporation thai: IS acting solely as a nommee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organIzed and eXIsting under the laws of Delaware, and has an address and telephone number ofP.a. Box 2026, Flint. MI48501.2026, tel. (888) 679-MERS. 8800837081 WYOMING· Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolte,. Kluwer Flnanc'.' SBrylcel rnlli&- 8800637081 Form 3081 1/01 VMP8A(WY (D8D6) Pago! of 16 QiU , , " êOûB1.8 (D) "Lender" is Bank of the West, a California state banking corp. Lender IS a corporation orgamzed and ,exIsting under the laws of The State of California Lender's address IS 13505 California., St, NB-BBP-LL-P, Omaha, NE 68154 (E) "Note" means the promIssory note SIgned by Borrower and dated December 08, 2008 The Not~ states that Borrower owes Lender One Hundred Four Thousand And Zero/100 Dollars (U. S. $ 104 , 000 . 00 ) plus Interest. Borrower has promIsed to pay this debt in regular PerIodic Payments and to pay the debt in full not later than January 01, 2024 (F) ''Property'' means the property that IS descnbed below under the heading "Transfer of Rights In the Property. " (G) "Loan" means the debt eVidenced by the Note, plus Interest, any prepayment charges and late charges due under the Note, and all sums due under this Secunty Instrument, plus mterest. (II) ''Riders'' means all Riders to this SecurIty Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider D CondominIUm Rider D Second Home Rider 8 Balloon Rider D Planned Umt Development Rider D ]-4 FamIly Rider VA Rider D Biweekly Payment Rider D Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adnumstrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opiniOns. (J) "CommunIty Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominlUm assocIation, homeowners assoCIation Or sumlar orgamzation. (K) ''Electronic Funds Transfer" me!\Ds any transfer of funds, other than a transaction orlgmated by check, draft, or smlllar paper Instrument, which is inItiated through an electromc termma1, telephonIc mstrument, computer, or magnetIc tape so as to order, mstruct, or authorize a financIal instItution to debit or credit an account. Such term Includes, ,but is not limited to, pOlnt-of-sale transfers, automated teller machine transactions, tral1sfers Initiated by telephone, wIre transfers, and automated cleannghouse transfers. (L) "Escrow Items" means those Items that are descnbed in Section 3. (M) ''Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by allY third party (other than Insurance proceeds paId under the coverages descrIbed in Section 5) for: (i) damage to, 01' destructIon of, tl¡.e Property; (ii) condemnatIon or other taking of all or any part of the Property; (iii) conveyance 1D lieu of condemnation; or (iv) mISrepresentations of, or omissiOns as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means Insurance protecting Lender agwnst the nonpayment of, or default on, the Loan. (0) "PerIodic Payment" means the regularly scheduled amount due for (i) pnnclpal and interest under the Note, plus (ii) any amounts under SectIon 3 of this Security Instrument. 8800537081 WYOM INß - Single Family - fonnl. Meo/Freddle Mac UNifORM INSTRUM ~T WITH M ERS VMPC!\) Wolter. Kluwer Fln.ncløl Servlcea ~ 8800537081 fonn 3051 1/01 VMPM(WYII0808) ., (ì ie; ....,... COû8j.9 (P) ''RESfA'' means the Real Estate Settle<ment Procedures Act (12 U.S.C. Section 2601 et seq.) and its Implementing regulation, Regulation X (24 C.F.R Part 3500), as they mIght be amended ûom time to time, or any additional or successor legIslation or regulation that governs the same subject matter. As used In this Secunty Instrument, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a "federally related mortgage loan" even If the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Secunty Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This SecurIty Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensIOns and modificatIons of the Note; and (ii) the performance of Borrower's covenants ,and agreements under this Secunty Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and asSignS) and to the successors and assIgns of MERS, With power of sale, the folIowing described property located in the County of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOTS 8 AND 9 OF BLOCK 54 OF THE SECOND ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. ·PURCHASE MONEY" Parcel ID Number: 12-2116 -24-2-05-060.00 513 Onyx Street Keuunerer ("Property Address"): which currently has the address of IStreetl [City] , Wyommg 83101 [Zip Code] TOGETHER WIlli all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. AU replacements and additions shall also be covered by this Security Instrument. Ail of the foregoing IS referred to in this Secunty Instrument as the "Property." Borrower understands and agrees that MERS holds only legal utle to the mterests granted by Botrower In this Security Instrument, but, if necessary to comply Wlth law or custom, MERS (as nominee for Lender and: Lender's successors and asSigns) has the right: to exerCIse any 8800637081 WYOMING· 6lnol. F.nllly - Fannia MI./Freddle Mlc UNIFORM INSTRUMeNT WITH MERS VM PC5 WaUl" Kluwlr Flnanolal S'IVlc.. JL 8800531D81 Form 3061 1/01 VMP6A VI (0608) InItial.: ~e 3 of 18 ~;\-eI ,\ 11 00{1820 or all of those interests, including, but not lim1ted to, the nght to foreclose and sell the Property; and to take any action required of Lender mclu4ing, but not limited to, releasmg and canceling this Secunty Instrument. BORROWER COVENANTS that Borrower IS lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property IS unencumbered, except for encumbrances of record. Borrower warran~ and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT cØmbines unIform covenants for natIonal use and non-Uniform covenants WIth limited vanatlOns by Junsdiction to constitute a unIform secunty Instrument covering real property. UNIFORM COVENANTS. Borrower', and Lender covenant and agree as follows: 1. Payment of Principal, Interest,' Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the pnnclpal of, and interest on, the debt evIdenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made ill U. S. currency. However, If any check or other tnstrwnent receIVed by Lender as payment under the Note or this Secunty Instrument IS returned to Lender unpaId, Lender may requlfe that any or all subsequent payments due under the Note and this Secunty Instrument be made 1ß one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer' 8 check or cashier's check, proVIded any such check IS drawn upon an tnstltution whose deposIts are msured by a federal agency, mstrumentalÏty, or entity; or (d) Electromc Funds Transfer. Payments 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 1ß accordance WIth the nonce proVIsions m Section IS. Lender may return any payment or partial payment If the payment or partial payments are msufficient to bnng the Loan current. Lender may accept any payment or partial payment insufficient to bnng the: Loan current, WIthout W81ver of any nghts hereunder or prejudice to Its rights to refuse such payment or partial payments in the future, but Lender 18 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 mterest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to brmg the Loan current. If Borrower does not do so WIthin a reasonable period of time, Lender shall eIther apply such funds or return them to Borrower. If not applied earlier, such funds WIll be applied to the outstanding principal balance under the Note l111Inediately pnor to foreclosure. No offset or cIaun which Borrower nught have now or m the future agamst Lènder shall relieve Borrower from making payments due under the Note and this Secunty Instrument or performmg the covenants and agreements secured by this Secunty Instrument. 2. Application of Payments or Proceeds. Except as otherWIse described m this Section 2, all payments accepted and applied by Lender shall be applied in the followmg order of pnoJ1ty: (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 Penodic Payment tn the order m which 1t became due. Any remaunng amounts shall be applied first to late charges, second to any other amounts due under this Secunty Instrument, and then to reduce the prmclpal balance of the Note. If Lender receives a payment from Borrower for Ii delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. Ifmore than one Penodic Payment is outstanding, Lender may apply any payment received from Bon'ower to the repayment of the Periodic Payments If, and to the extent that, each payment can be 8800637081 WYOMING· 9lngl. Family. F""nl. M..IF'.ddl. MIC UNIFORM INSTRUM I11IT WITH MERS VMPCI!i Wolto.. Kluwer Flnlnclol Sorvlc.. ~ 8800637D81 Fo... 3061 1/01 U-MP6A Y)(0608) In. 00040116 ~~ ûOû821 pwd in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Pen odic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as descnbed in the Note. Any application of payments, Insurance proceeds, or Miscellaneous Proceeds to pnncIpal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. BorroVl[er shall pay to Lender on the day PerIOdic Payments are due under the Note, unttl the Note IS' paId in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other Items which can attwn priority over this Secunty Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) prenuums for any and all msurance required by Lender under Section 5; and (d) Mortgage Insurance premIums, If any, or any sums payable by Borrower to Lender In lieu of the payment of Mortgage Insurance pI'emlUms m accordance WIth the proVlsions of Sectton 10. These items are called "Escrow Items." At orIginatIon or at any time dunng the term of the Loan, Lender may reqUIre that Commumty 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 furlUsh to Lender all notices of amounts to be paId under this Section. Borrower shan pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waIve Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be ill wnting. In the event of such Waiver, Bor,rower shall pay directly, when and where payable, the amounts clue for any Escrow Items for which payment of Funds has been waIved by Lender and,lf Lender reqUIres, shall furnIsh to Lender receipts evldenclOg ,such payment wIthin such time pertod as Lender may reqUIre. Borrower's obligation to make such payments and to proVIde rcceIpts shall for all purposes be deemed to be a covenant and agreement contatned in this SecurIty Instrument, as the phrase "covenant and agreement" IS used in Section 9. If Borrower IS obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exerCIse Its nghts under Section 9 and pay such amount and 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 revocatìon, Borrower shall pay to Lender all Funds, and in such amounts, that are then requIred under this Section 3. Lender may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lender to apply the Funds at the tIme specIfied under RESP A, and (b) not to exceed the maximum amount a lender can requIre under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwtse ill accordance with Applicable Law. The Funds shall be held In an InstitutIOn whose deposIts are Insured by a federal agency, mstrumentality, or entity (including Lender, If Lender IS an Institution whose deposits are so Insured) or In any Federal Home Loan Bank. Lender shall 'apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applymg the Funds, annually analyzmg the escrow account, or venfying the Escrow Items, unless Lender pays Borrower mterest on the Funds and Applicabie Law permIts Lender to make such a charge. Unless an agreement IS made In wrIting or Applicable Law requITes mterest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In wTlting, however, that interest shall be pmd Oil the Funds. Lender shall give to Borrower, WithOUt charge, an annual accounting of the Funds as required by RESP A. 8800537081 WYOM 11'10· Single Femlly . Fennle MaelFreddl. Maç UNIFORM INSTRUM ENT WITH M ERS VMP~ . Wolter. Kluwtr FinllnclaJ Services ~ 8800537081 Form 30511/01 VMP.8A(WY) (080a) In. ~ PageS.1 16 ~ .II. éO&822 If there is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there IS a shortage of Funds held in escrow, as defined under RESP A, Lender shall notItÿ Borrower as reqIDred by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there IS a defiCIency of Funds held in escrow, as defined under RESP A, Lender shall notitÿ B01'l'ower as requll'ed by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency 111 accordance With RESP A, but In no more than 12 monthly payments. Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attaJil pnority over this Secunty Instrument, leasehold payments or ground rents on the Property, If any, and Commumty Association Dues, Fees, and Assessments, If any. To the extent that these items are Escrow Items; Borrower shall pay them In the manner provided in Sectton 3. Borrower shall promptly discharge any lien which has priOrity over tlús Security Instrument unless Borrower: (a) agrees tn wnting to the payment of the 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 111 good faith by, or defends agamst enforcement of the lien In, legal proceedings which tn Lender's opinIOn operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement sausfactory to Lender subordinating the lien to this Secunty Instrument. If Lender deterrrunes that any part of the Property IS subject to a lien which can attalD pnonty over this Secunty Instrument, Lender may give Borrower a notice Idenutÿing the lien. Within 10 days of the date on which that notice IS gIVen, Borrower shall satlstÿ the lien or take one or more of the acttons set forth above tn this Section 4. Lender may require Borrower to' pay a one-time charge for a real estate tax verification and/or reportmg service U8ed by Lender m connectiQn wIth this Loan. 5. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fll'e, hazards included within the term "extended coverage," and any other hazards tncluding, but not lirmted to,' earthquakes and floods, for which Lender reqIDres Insurance. This Insurance shalt be mamtamed in the amounts (including deductible levels) and for the periods that Lender requues. What Lender requIres purSuant to the preceding sentences can change durmg the term of the Loan. The msurance carrier provIding the msurance shall be chosen by Borrower subject to Lender's nght to disapprove Borrower's chOice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone deternunatlon, certification and tracking servIces; or (b) a one-time charge for flood zone determination and certification servIces and subsequent charges each time remappmgs or similar changes occur which reasonably might affect such deternunatlOn or certlficatlon. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency In connection with the reView of any flood zone determmation resulting from an objection by Borrower. If Borrower fails to mamtam any of the coverages descl'lbed above, Lender may obtam msurance coverage, at Lender's option and Borrower's expense. Lender IS under no obligation to purchase any particular type or amoµnt of coverage. Therefore, such coverage 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 111 effect. Borrower acknowledges that the cost of the msurance coverage so obt81ned might slgmficantly exceed the cost of msurance that Borrower could have obtamed. Any amounts disbursed by Lender under this Section 5 shall 8800537081 WYOMING· Slngl. Fllnlly. Fannl. Mae/Freddl. M.. UNIFORM INSTRUMENT WITH MERS VMP@ Wollers Kluwer Flnançlal Siltvlc.. ~ 8800637081 otm 3051 1/01 V ~A WY)(080el ..., \): ~...." II I:. éO&823 become additional debt of Borrower secured by this Seeunty Instrument. These amounts shall bear mterest at the Note rate from the date of disbursement and shaH be payable, Wlth such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies reqUIred by Lender and renewals of such policies shall be subject to Lender's nght to disapprove such policIes, shall IDclude a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the nght to hold the policies and renewal C~ificates. If Lender rc.qUlres, Borrower Sh, all promptly gIVe to Lender all receipts of P. aId premIUms and l' ewal notices. If Borrower obtal11s any form of insurance coverage, not otherwise requIred by Lender, fo damage to, or destruction of, the Property, such policy sha1l include a standard mortgage clause and sh 1 name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shaH gIve prompt notice to the insurance carner and Lender. Lender ma make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree m writing, any msurance proceeds, whether or not the underlYLOg Insurance was reqUIred by Lender, shall be applied to restoratiOn or repaIr of the Property, If the restoratIon or repaIr is economIcally feasible and Lender's SecurIty IS not lessened. Dunng such repm and restoratiOn penod, Lender shall have the fight to hold such msurance proceeds W1tIl Lender has had an opportumty to Inspect such Property to ensure the work has been completed to Lender's satisfaction, proVIded that such inspectIOn shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoratIon in a smgle payment or in a senes of progress payments as the work IS completed. Unless an agreement is made In writing or Applicable Law reqUIres mterest to be prod on such Insurance proceeds, Lender shall not be required to pay Borrower any mterest or earmngs on such proceeds. Fees for public adjusters, or other third partles, retamed by Borrower shall not be paId out of the msurance proceeds and shall be the sole obligatlon of Borrower. If the restoration or repair IS not economically feasible or Lender's securIty would be lessened, the msurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, Wlth the excess, If any, paId to Borrower. Such InSurance proceeds shall be applied in the order proVIded for In SectiOn 2. If Borrower abandons the Property, Lender may file, negotiate and settle any aVaIlable Insurance chum and related matters. If Borrower does not respond within 30 days to a notIce from Lender that the Insurance camer has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day penod wIll begm when the notice IS gIven. In eIther event, or If Lender acqUIres the Property under SectiOn 22 or otherwise, BOlTower hereby asSIgns to Lender (a) Borrower's rights to any msurance proceeds m an amount not to exceed the amounts unpwd under the Note or this Security Instrument, and (b) any other of Borrower's rIghts (other than the right to any refund of unearned PI'emíums paId by Borrower) under all insurance policIes covenng the Property, IDSofar as such nghts are applicable to the coverage of the Property. Lender may use the IDSU11lI1ce proceeds either to repaIr or restore the Property or to pay amoW1ts unpaId W1der the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal resIdence WIthin 60 days after the èxecution of this Secunty Instrument and shall continue to occupy the Property as Borrower's pl'lncipal resIdence for at least one year after the date of occupancy, unless Lender otherwise agrees in wnting, which consent shall not be unreasonably Wlthheld, or unless extenuatmg CIrcumstances exISt wlùch are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impm the Property, allow the Property to deterIorate or COl11l11lt waste 011 the Property. Whether or not Borrower IS residing in the Property, Borrower shall mamtam the Property ID order to prevent the Property ÍÌ'om deterIorating or decreasmg in value due to Its condition. Unless It IS 0800537081 WYOMING· Single Flmlly. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPQj) Wolterl Kluwer Rnonclal Sarvlo.. 4- 8800537081 Form 3051 1/01 , VMP6AIWY (0000) '" ~ ~v ~.,,'" ,II. ØOû824 deternuned pursuant to Section 5 that repall or restoration is not econormcally feasible. Borrower shall prpmptly repaIr the 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, the Property, Borrower shall be responsIble for repal1ing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the replUrs and restoratlOn m a smgle payment or m a senes of progress payments as the work IS completed. If the msurance 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 mspectlons of the Property. If it has reasonable cause, Lender may IDSpect the intenor of the improvements on the Property. Lender shall gIve Borrower notIce at the time of or prIor to such an mtenor mspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be In default If, dunng the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with' Borrower's knowledge or consent gave matenally false, rmsleading, or maccurate Information or statements to Lender (or failed to provide Lender With material Information) In connection With the Loan. Matenal representations mclude, but are not limIted to, representatIons concemmg Borrower' 8 occupancy of the Property as Borrower's pnnclpal 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 contamed in this Security Instrument, (b) there IS a legal proceeding that Inlght slgmficantly affect Lender's Interest m the Property and/or nghts under this Secunty Instrument (such as a proceeding Iß banla'Uptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain prIOrity over this Secunty Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever IS reasonable 01' approprIate to protect Lender's mterest in the Property and fights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securIng and/or repaIring the Property. Lender's actions can Include,: but are not JilIllted to: (a) paYing any sums secured by a lien which has pnoflty over this SecurIty Instrument; (b) appeanng m court; and (c) paying reasonable attorneys' fees to protect its Interest in the Property and/or nghts under this Security Instrument, Including Its secured posItion m a bankruptcy proceeding. Securmg the Property Includes, but IS not limited to, entermg the Property to make repBlTS, change locks, replace or board up doors and wmdows, dram water from pIpes, elimmate budding 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 Lender Incurs no liability for not taking any or all actions authonzed under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Secunty Instrument. These amounts shall bear mterest at the Note rate from the date of disbursement and shall be payable, With stich mterest, upon notice from Lender to Borrower requesting payment. ' If this Security Instrument IS on a leasehold, Borrower shall comply with all the provisions of the Jease. If Borrower acquIres fee tItle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger ill writing. 10. Mortgage Insurance. If Lender re'qUlred Mortgl .ge Insurance as a condition of making the Loan, Borrower shall pay the premnuns requIred to mamtlUn the Mortgage Insurance In effect. If, for any reason, the Mortgage Insurance coverage requIred by Lender ceases to be avadable from the mortgage msurer that prevlOusiy provIded such msurance and Borrower was requIred to make separately desIgnated payments 8800637081 WYOMING· Single Flmlly· Fonnle Moo/Friddle Mlo UNIFORM INSTRUMENT WITH MERS VMPQj) Wolter. Kluwer Fln.noleJ Sorvloll ~ 8800637081 Form 3051 1/01 ~MP8A(w (0806) I I. ,,"..80118 , (Jt ~ "' ., ÜOû825 toward the prermums for Mortgage Insurance, Borrower shall pay the prermums requtred to obtam coverage substantlaJly equIvalent to the Mortgage Insurance previously In effect, at a cost substantIally equivalent to the cost to Borrower of the Mortgage Insurance prevIously In effect, from an alternate mortgage insurer selected by Lender. If :substantaaJly equIvalent Mortgage Insurance coverage IS not ¡l.vailable, Borrower shaJl continue to pay to Lender the amount of the separately desIgnated payments that were due when the rnsurance coverage ceased to be m effect. Lender will accept, use and retaan these payments as a non-refundable loss reserv~ In lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwIthstanding the fact that the Loan is ultimately paid in full, and Lender shall not be reqUIred to pay Borrower any interest or earnings on such loss reserve. Lender can no longer reqUIre loss reserve payments If Mortgage Insurance coverage (in the amount and for the penod that Lender reqUIres) provIded by an Insurer selected by Lender agaln becomes aVailable, IS obtained, and Lender requIres separately desIgnated payments toward the prermums 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 prermums for Mortgage Insurance, Borrower shall pay the prenuums reqwred to mall1tam Mortgage Insurance In effect, or to provIde a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance wIth any wntten agreement between Borrower and Lender provIding for such termmatlOn or until termination IS requIred by Applicable Law. Nothing In this Sectlon 10 affects Borrower's obligation to pay mterest at the rate provided in the Note. Mortgage- Insurance reimburses Lender (or any entity that purchases the Note) for certam losses It may Incur If Borrower does not repay the Loan as agreed. Borrower IS not a party to the Mortgage Itlsurance. Mortgage msurers evaluate thetr total rIsk on all such msurance m force from time to time, and may enter Into agreements With other parties that share or modify their tlsk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the m011gage insw-er and the other party (01' parties) to these agreements. These agreements may requIre the mortgage Insurer to make payments usmg any source of funds that the mortgage msurer may hav,e avaIlable (which may mclude funds obtamed from Mortgage Insurance premIUms). ' As a result of these agreements, Lender, any purchaser of the Note, another lDsurer, any reinsurer, any other entity, or any affiliate of any of the foregomg, may receIve (directly or mdirectly) amounts that denve from (or nught be charactenzed as) ,a portIon of Borrower's payments fOf Mortgage Insurance, 10 exchange for sharmg or modifying the mortgage Insurer's fisk, or reducmg losses. If such agreement provIdes that an affiliate of Lender takes a share of the insurer's I'Isk m exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captIve remsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insuranc~ and they will 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 Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the 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 of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paId to Lender. 8800537081 WYOMING - Single Flmlly. Fennle Mee/F,oddl1 lit Ie UNIFORM INSTRUMENT WITH litERS VMP8 Wøltere Kluw.r Financial Services ~ 8800537081 F rm 3061 1/01 Vllt A Y) (0808 ." ~ Ü 01:;.. "'~ " ,II," (:'OöS26 If the Property IS damaged, such Miscellaneous Proceeds shall be applied to restoration or repm of the Property, If the restoration or repaIr IS economically feasIble and Lender's secunty IS not lessened. Durmg such repaIr and restoratIOn period, Lender shall have the right to hold such Miscellaneous Proceeds WltH Lender has had an opportumty to Inspect such Property to ensure the work has been completed to Lender's satisfaction, proVIded that such inspection shall be Wldertaken promptly. Lender may pay for the repms and restoration In a single disbursement or In a senes of progress payments as the work IS completed. Unless an agreement is made tn' wnting or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be requU'ed to pay Borrower any mterest or earnings on such Miscellaneous Proceeds. If the restoration or repm IS not economIcally feasIble or Lender' 8 security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this SecurIty Instrument, whether 01' not then due, wIth the excess, If any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order proVIded for In Section 2. In the event of a total taking, destruction, or loss III value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Secunty Il1strument, whether or not then due, WIth the excess, If any, paid to BOITower. In the event of a partial taking, destlllctton, or 108s tn value of the Property tn which the fair market value of the Property Immediately before the partial taking, destructIOn, or loss In vaiue IS equal to or greater than the amount of the sums secured by I.h.is Secunty Instrument ll'nmediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwIse agree 1D writing, the sums secured by this Secunty Inst111ment shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the followmg fractlon: (a) the total amount of the sums secured immediately before the partIal taking', destruction, 01' loss In value divided by (b) the fair market value of the Property munediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In whlch the fair market value of the Property munediately before the partial taking, destruction, or loss In value IS less than the amoWlt of the sums secured nnmediately before the partial taking, destruction, or loss In value, unless Borrower and Lender ot.befWlse agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property IS abandoned by Borrower, or If, after notice by Lender to Borrowel' that the Opposmg Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender Wlt.bin 30 days after the date the notice IS gIven, Lender IS authorized to collect and apply the Miscellaneous Proceeds eIther to restoration or repair of the Property or to the sums secured by this SecurIty Instrument, whether or not then due. "Opposmg Party" means the third party that owes Borrower Miscellaneous Proceeds or the party agamst whom Borrower has a nght of action m regard to Miscellaneous Proceeds. Borrower shall be 10 default, If any actIOn or proceeding, whether cIVIl or cnminal, IS begun that, 10 Lender's Judgment, could result 10 forfeiture of the Property or other matenal imp81rment of Lender's 'mterC!ìt in the Property or nghts under this Secunty Instrument. BOITower can cure such a default and, If acceleration has occurred, re11lState as provided in Section 19, by causing the action or proceeding to be dismIssed with a ruling that, m Lender' 5 Judgment, precludes forfeiture of the Property or other matenal Impallmenl of Lender's mterest in the Property or nghts under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's mterest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for ID SectIOn 2. 8800637081 WYOMING· SlngJ. F.mlly. FIRnl. Mao/Freddle Mao UNIFORM INSTRUMENT WITH MERS VMP-@ Wolter, Kluw tr FinancIal S.rvlces ~ 8800637081 , Form 305' 1/01 VM P8A(WY (0808) '"'" ~ C/ .....1.., " .11.. C:Oû827 12. Borrower fl(ot Released; Forbearance By Lender Not a Waiver. ExtenSion of the tIme for payment or modification of amortizatIOn of the $Urns secured by this Secunty Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower. ,Lender shall not be reqUired to commence proceedings agamst any Successor In Interest of Borrower or to refuse to extend time for payment or othel'W1se modifY amorttzation of the sums secured by this Secunty Instrument by reason of any demand made by the orIgmal Borrower or any Successors In Interest of Borrower. Any forbearance by Lender In exercising any nght or remedy including, wIthout limitation, Lender's acceptance of payments from third persons, entities or Successors m Interest of Borrower or m amounts less than the amount then due, shall not be a waiver of 01' preclude the exerCIse of any nght or remedy. 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 s~eral. However, any Borrower who cO-SIgns this Security Instrument but does not execute the Note (a "co-signer"): (a) IS co-slgnmg this Security Instrument only to mortgage, grant and convey the co-slgner's Interest in the Property under the terms of this Secunty Instrument; (b) is not personally obligated to pay the sums secured by this SeCUrity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modifY, forbear or make any accommodations with regard to the terms of this SecUrity Instrument or the Note without the co-signer' s consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under this Secunty Instrument in wnting, and is approved by Lender, shall obtain all of Borrower's nghts and benefits under this Secunty Instrument. Borrower shall not be released from Borrower's obligations and liability under this Secunty Instrument unless Lender agrees to such reiease In wnting. The covenants and agreements of tiùs Security Inst,rument shaH 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, for the purpose of protecting Lender's mterest In the Property and fights under this Secuflty Instrument, Including, but not litn1ted to, attorneys' fees, property mspection and valuation fees. In regard to any other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be const11led as a prohibition on the chargmg of such fee. Lender may not charge fees that are expressly prohibited by this SecurIty Instrument or by Applicable Law. If the Loan IS subject to a law which sèts maximum loan charges, and that law IS finally interpreted so that the Interest or other loan charges collected or to be collected in connection With the Loan exceed the permitted linuts, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernutted linut; and (b) any sums already collected from Borrower which exceeded permitted lhmts will be refunded to Borrower. Lender may choose to make this refund by reduclng the prmclpal owed under the Note or by making a direct payment to Borrower. If a refund reduces pnnClpal, the reductIOn w1..l1 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 wlllver of any nght of action Borrower nught have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender 111 connection with this SecUrtty Instrument must be m wrIting. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when malled by first class matI or when actually delivered to Borrower's nobce address If sent by other means. NotIce to anyone Borrower shall constitute nottce to all Borrowers unless Applicable Law expressly reqUires otherwt.se. The notice address shall be the Property Address 8800637081 WYOMING .Slngll Flmlly - Flnnll MoolFroddlll.llc UNIFORM INSTRUMENT WITH MERS VMP@ , Woller" Kluwer Finonolal So..lo.. ~ 8800631081 , Form 3061 1/01 VMPeAIWY) (0808) In. POUI11of18 Ct~CJ .1'. ûOûS28 unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall on~y report a change of address through that specIfied procedure. There may be only one designated notice:address under this Security Instrument at anyone time. Any notice to Lender shall be gIven by delivermg It or by wailing It by first class nuul to Lender's address stated herem unless Lender has designated another address by notice to Borrower. Any notice m connection WIth this Secunty Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Secunty Instrument IS also reqUIred under Applicable Law, the Applicable Law requirement ~ll satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Secunty Instrument shall be governed by federal law and the Jaw of the JurIsdiction In which the Property IS located. All rights and obligations con tamed m this Secunty Instrument are subject to any requIrements and limitations of Applicable Law. Applicable Law l111ght explicitly or Implicitly allow the parties to agree by contract or It nught be sIlent, but such sIlence shall not be construed as a prohibition agamst agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts ~th Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect ~thout the conflicting provIsion. As used In this Security Instrument: (a) words of the masculine gender shall mean and mclude corresponding neuter words or words of the femlnme gender; (b) words In the smgular shall mean and II1clude the plural and VIce versa; and (c) the word "may" gIves sole discretion Without any obligation to take any action. 17. Borrower's Copy. Borrower shall be gIven one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficIal interest in the Property, 1Dcluding, but not limIted to, those beneficIal interests transferred in Ii bond for deed, contract for deed, mstaUment sales contract or escrow agreement, the Intent of which IS the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest m the Property IS sold or transferred (or û Borrower IS not a natural person and a beneficial interest m Borrower IS sold or transferred) wIthout Lender's prior wrItten consent, Lender may reqUIre IInmediate payment In full of all sums secured by this Secunty Instrument. However, this option shall not be exercised by Lender If such exerCIse IS prohibited by Applicable Law. If Lender exercIses this option, Lender shall gIve Borrower notice of acceleration. The notIce shall proVIde a penod of not less than 30 days from the date the notIce IS given 10 accordance With Section 15 within which Borrower must pay all sums, secured by this SecurIty Instrument. If Borrower fails to pay these sums prior to the eXpIration of this' perIod, Lender may mvoke any remedies permitted by this SecurIty Instrument Without further notice dr demand on Borrower. 19. Borrower's Right to Reinstate' After Acceleration. If Borrower meets certam conditions, Borrower shall have the nght to have enforcement of this Secw'lty Instrument discontmued at any time prIOr to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this SecurIty Instrument; (b) such other penod as Applicable Law rmght specIfy for the ternunatIon of Borrower's right to reinstate; or (c) entry of a judgment enforcmg this SecurIty Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Secunty Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses mcurred in enforcIng this SecUrity Instrument, 1Ocluding, but not limited 8800537081 WYOMING· Slngl. f.mUy . Fannl. Maølfr.ddl. Mac UNIFORM INSTRUM EHT WITH M ERS VMPW WoltOlI Kluw er RnlncjaJ Servlctl 8800537081 ~ Fo,m 3051 1/01 iJMP6 (wVI (08061 I II . g. 12 of 16 Q~ .II.. 00&829 to, reasonable attorneys' fees, property inspection and valuation fees, and other fees lDcurred for the purpose of protectmg Lender's mterest in the Property and nghts under this Security Instrument; and (d) takes such action as Lender may reasonably reqUIre to assure that Lender's mterest In the Property and tights under this Secunty Instrument, and Borrower's obligatIon to pay the sums secured by this Secunty Instrument, shall contlDue unchanged. Lender may require that Botl"ower pay such reInstatement sums and expenses lD one or more of the followmg forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provIded any such check IS drawn upon an institution whose deposIts are insured by a federal agency, mstrumentality or entity; or (d) Electromc Funds Transfer. Upon reInstatement by Borrower, this SecurIty Instrument and obligations seCured hereby shan remam fully effectIve as If no acceleratIon had occurred. However, this rIght to remstate shall not apply In the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Secunty Instrument) can be sold one or more times WIthout prior notice to Borrower. A sale nught result In a change ID the entity (known as the "Loan Servlcer") that collects Periodic Payments due under the Note and this SecurIty Instrument and performs other mortgage loan servIcmg obligations under the Note, this Secunty Instrument, and Applicable Law. There also nught be one or more changes of the Loan Servlcer unrelated to a sale of the Note. If there is a change of the Loan Semcer, Borrower wdl be given written notice of the change which WIll state the name and address of the new Loan Servlcer, the address to which payments should be made and any other mformation RESPA requIres In connection wIth a notice of trari,sfer of servIcing. If the Note IS sold and thereafter the Loan IS servIced by a Loan Servlcer other than the 'purchaser of the Note, the mortgage loan servicing obligations to BoITower will remaIn WIth the Loan Servlcer or be transferred to a successor Loan ServICer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, Jom, or be jomed to any Judicial action (as either an mdivldual Htigant or the member of a class) that anses trom the other party's actions pursuant to this Security Instrument or that al1eges that the other party has breached any provision of, or any duty owed by reason of, this Secunty Instrument, until such Borrower or Lender has notified the other party (WIth such notice given In compliance WIth the requIrements of Section 15) of such al1eged breach and afforded the other party hereto a reasonable penod after the gIVIng of such notice to take corrective action. If Applicable Law provIdes a time penod which must elapse before certam acnon can be talÅ“n, that time penod will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportuwty to cure given to Borrower pursuant to SectIOn 22 and the notice of acceleration gIven to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action proVIsions of this Section 20. 21. Hazardous Substances. As used In this Section 21: (a) "Hazardous Substances" are those substances defined as tOXIC or hazardous substances, pollutants, or wastes by Environmental Law and the followmg substances; gasoline, kerosene, other flammable or tOxtc petroleum products, toxic pesticides and herbicides, volatile solvents, materIals contammg asbestos or formaldehyde, and radioactive matenals; (b) "EnVIronmental 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" mcludes any response actiOn. remedial acnon, or removal action, 'as defined in EnvIronmental Law; and (d) an "EnvIronmental Condition" means a condition that can cause, contrIbute to, or otherwise trigger an EnvIronmental Cleanup. BOITower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazatdous Substances, on or III the Property. Borrower shall not do, 8800537081 WYOMING· Single Pamlly - Fennl. Ma./P,eddl. Mac UNIPORM INSTRUMENT WITH MERS VMPI!jI Wolters Kluwer Financial ServicBI ~ 8800637081 Porm 3051 1/01 VMP6ACWYJ (Ð8D8) Inl : Page 13 0118 (lit; III, 'I 00&830 nor allow anyone else to do, anything affect111g the Property (a) that IS 111 violatIon of any EnvIronmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recog11lzed to be appropriate to normal resIdential uses and to mam.tenance of the Property (including, but not liInlted to, hazardous substances In consumer products). Borrower shall promptly give Lender wntten 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, mcluding but not liInlted to, any spdling, 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 notified by any governmental or regulatory authonty, or any pnvate party, that any removal or other remediation of any Hazardous Substance affecting the Property IS necessary, Borrower shall pa'omptly take all necessary remedial actIons 111 accordance WIth EnVIronmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cieanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwIse). The noth:e shall specify: (a) the default; (b) the action requIred to cure the default; (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 specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration 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 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, In accordance with Applicable Law. Lender sball give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold In the manner prescribed by Applicable Law. Lender or its designee may 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 swns secured by this Security Instrument, Lender shall release this SecurIty Instrument. Borrower shall pay any recordatIOn costs. Lender may charge Borrower a fee for releasmg this Secunty Instrument, but only If the fee IS paid to a third party for services rendered and the chargmg of the fee IS permitted under Applicable Law. 24. Waivers. Borrower releases and WaIves all fights under and by VIrtue of the homestead exemption laws of Wyommg. 8800537081 WYOMING .Singl. Flmlly. Fannl. Mae/Friddle Ma. UNIFORM INSTRUMENT WITH MERS VMP@ Wollera Kluwor Flnen.laI SIIlYI.eo ~ 8000537081 Fonn 3051 1/01 VMP6A(WYI (080B) In, ~ Pagef4 of If ~ .1110' üOüs31 BY SIGNING BELOW, BQffower accepts and agrees to the terms and covenants contained in this SecurIty Instrument and in any Rider executed by Borrower and recorded with It. Witnesses: (Seal) -Borrower (Seal) -Borrower , (Seal) -Borrower d4(f.x-D ChA k RRYD ~4<){ ALPHA CLARK --(Seal) -Borrower ~ -Borrower 8800537081 WYOM ING· Single F.mUy. Fennle MulFreddle Mec UNIFORM INSTRUM ENT WITH M ERS VMP@ Woller. Kluwer Flnanclll Servl... Inlllelo: .11., (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 88006ð1081 Form )051 1/01 VM P6A(WY)(08061 Pogo IS of 16 ûOûB32 STATE OF WYOMING, ¿>tcoA County ss: This Instrument was acknowledged before me on December 0 B, 200 B by LARRY, D CLARK and ALPHA L CLARK MyComrmsslon ExpIres: {)~¿;~O/( ¡LORI KALAN - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MI' COmtlllSSIOn Expires Feb, 26. 2011 ....~~~~_;OO!\!.~~ b' 407'",. ~ / ,~' ?' A ,'= ¿¿ //.J Notary Public Title (and Rank) 8800537081 ~J~~ING. SI.glo Family. Fannlo Moo/Freddlo Moo UNIFORM INSTRUMENT WITH MERS Wolt.r. Kluwer Flnlnol.! S.rvlclI mltl~ (j,~CJ 8800537081 Form 3061 1101 VIIP6A(WY) (0806) "-go 16 of 18 .11.. 'I