Loading...
HomeMy WebLinkAbout946315 When Recorded Mail To: Real Estate Title Services, ltC 9721 Ormsby station Road. Suite 105 louisville, KY 40223 (502) 315-1670 f,OvG:13 RECEIVED 3/23/2009 at 4:35 P RECEIVING # 9 BOOK: 7 PAGE: 447 JEANNE WAGNER ..l.. " \fCOLN COUNTY CLERK. KEMMERER, WY ",.,~ .~ D%¿J 0 «~D¡ OOû447 [Space Above This Line For Recording Data] ;\ MORTGAGE MlN 1002756-0020085936-4 MERS TELEPHONE: (888) 679-6377 DEFINITIONS Words used in nllùtiple sections of this document are defined below and other words are defmed in Seclions 3, 11, 13, 18, 20 and 21. Cerlain rules regarding [he usage or words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 7, 2009, togeth1 #with all Riders to this document. h lA~b~ .¡.- (,..ò \ tc· /Jt (B) "Borrower" is Richard E Starkey and Joanne M Starkey¡l'J3orrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee 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 of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is SurePoint Lending abn First Residential Mortgage Network, Inc.. Lender is a corporation organized and existing under the laws of thc Statc of KENTUCKY. Lender's address is 9721 Ormsby Station Road, Suite 107, Louisville, KENTUCKY 40123. (E) "Note" means the promissory note signed by Borrower and dated March 7, 2009. The Note states thal Borrower owes Lemler Three Hundred Twenty Four Thousand And OOltOO Dollars (U.S. $324,000.00) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2039. (F) "Property" means the property that is described 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 ~ WYOMING - Single Family· Fam1Íe Mae/Freddie Mac UNIFORM INSTRLMENT WITH MERS Form 3051 /01/\ GA(WY) (080G) Page 1 of 15 .. --:> /1 J I11ll1als: L . wycmertd l~. *Re-recorded to reflect corrected legal description. RECEIVED 4/3/2009 at 4:10 PM RECEIVING # 946315 BOOK: 719 PAGE: 613 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (¡OG6:1 óL.i ûOü448 charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to tillS Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [J AdjLL~t¡¡blt: Rate Rider [ ] Balloon Rider [ ] VA Rider [ ] Condominium Rider [ ] Plmmed Unit Development Rider [ ] Biweekly Payment Rider [] Second Home Rider [] 1-4 Family Rider [] Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordÍ11mlces and administrative 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 condominium association, homeowners association or similar orgm1Ïzation. (K) "Electronic .Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrwllent, which is initiated through an electronic ternlinal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a tïnaneial institution to debit or credit an account. Such term includes, but is not lÍ111ited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tbird party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) danlage to, or destruction of, the Property; (ü) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, tile value and/or condition of the Propeliy. (N) "Mortgage Insurance" mcans insurancc protccting Lendcr against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) prÍ11cipal and interest wIder the Note, plus (ii) any amounts under Section 3 of this Security Instnllnent. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs tile same subject matter. As used in tilis Security 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 morlgage ]oan" under RESPA. (Q) "Successor in Interest of Borrower" means any party tilat has taken title to tile Property, whether or not that party has aSSWlled Borrower's obligations wIder the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instoullcnt sccurcs to Lcnder: (i) the repayment of tile Loan, and all renewals, extensions and modifications of tile Note: and (ii) tile perfomlance of Borrower's covenants and agreements under ti1Ïs Security Instrument and the Note. For tllis purpose, Borrower does hereby mortgage, grant and WYOMING - Single Family - Fmmie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3051 1/01 /) 6A(WY) (0806) Page 2 of 15 . 'ärs:ý /~)':/ !JuLIa s: CJ' .' (., 61"~ ',_. t.: ~-.J I - . \.... ......~ ",,¿r'..J ..J. ~ 00&449 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 following described property located in the County [Type of Recording Jurisdiction] of Lincoln [Name of Recording Jurisdiction]: SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ') î 'Î Q W -~ -01- 020.00 Parcel ID Number: \ fA - J' I XO" which currenUy has the adllress of 40 VALLEY VIEW BLVD. [Slreet] ALPINE [City], Wyoming 83128 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instnunent. All of the foregoing is referred to in tills Security Instnuncnt as the "Propcrty." Borrower understands and agrccs tilat MERS holds only Icgal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply witil law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Insml1nent BORROWER COVENANTS tilat 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 warrants and ,;vill defend generally the title to the Property against all claims and demands, subject to any encwnbranœs ofreconL TIIIS SECURlTY INSTRUMENT combines unifonn covenants for national use and non- unifonn eovcnants with limited variations by jurisdiction to constitutc a unifonn security 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 shal] pay when due the principal of, and interest 011, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Hems pursUlJnt to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instmment is retumed to Lender lmpaid, Lender may require that auy or all subsequent payments due under the Note and this Security Instrument be måde in one or more of tile following fonus, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is draVl>l1 upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds WYOlvITNG - Single Family - Fannie Mae!Freddie Mac UNIFORM INSTRUMENT WITH MERS 6A(WY) (0806) Page 3 of 15 fjOU61G 00&450 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 in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments an: in~urfil:ient to bring the Loan cunenl. Lender may al:œpt any payment or partial payment insufficient to bring the Loan current, without waiver of any rights herelmder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on lUlapplied fimds. Lender may hold such lmapplied fund~ until Bonower makes payment to bring the Loan current. If BmTlJwer does not do so within a reasonable period of time, Lender shall either apply such tOOds or return them to Borrower. If not applicd carlier, such ftmds will be applicd to thc outstanding principal balancc undcr thc Notc immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonlling the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) anlOunts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other alllOlmts due under this Security InstnlIuent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufticient amount to pay any late chargc due, the paymcnt may bc applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To (he extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges duc. Voluntary prcpaymcnts shall bc applicd first to allY prcpayment chargcs alld then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or ehallge the amolUlt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a SlUll (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any amI all insurance required by Lender under Section 5; and Cd) Mortgage Insurance premiums, if any, or any SU111S payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with thc provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the ternl of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fumish to Lender all notices of amolUlts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Itcms unlcss Lcndcr waives Borrowcr'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 in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to WYOMING - S.ingle Family - Fannie MaeiFreddie Mac UNIFORM INSTRUMENT WITH MERS Fonn3051 1/01 6A(WY) (0806) Page 4 of 15 . .:~ Q. :} hutJals; , , V ·;1¡Oj~·~:1I"'1 tt, 4. V~7\ i ûOû451. make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and 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 rights under Section 9 and pay ~uch éIIT10unt and Borrowt:r shall then be obligaled lUlder Section 9 to repay to Lendt:r any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all FlUlds, and in such amounts, tllat are then required tmder this Section 3. Lender may, at any time, collect and hold Ftmds in an amount (a) sufficient to pemÜt Lender to apply the Funds at the time specified undt:r RESPA, and (1) notlll exceed the maximum amount a lender can require lUlder RESPA Lender shall estimate the amolUlt of Funds due on the basis of ClUTcnt data and reasonablc cstimatcs of cxpcnditurcs of futurc Escrow Items or othcrwisc in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instnunentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow aCcolUlt, or verifying the Escrow items, lUlless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Ftmds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without chargc, an annual accounting ofthc Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the exeess funds in accordance \vith RESP A If there is a shortage of Ftmds held in escrow, as defined tmder RESPA, Lender shan notify Borrower as required by RESPA, and BOffi)wer shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no morc than 12 montlùy paymcnts. If therc is a dcficicncy of Funds hcld in escrow, as defined under RBSP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amolmt necessary to make up the deficiency in accordance with RESP A, but in no more than ] 2 month]y payments. Upon payment in full of all SunlS secured by tillS Security InstrlUuent, Lender shall promptly . refund to Borrower any Flmds held by Lender. 4. Charges; Liens. Borrower shan pay an taxes, assessments, charges, íÏnes, and impositions attributable to the Property which can attain priority over this Security Instnunent, leaseho]d payments or ground rents on the Property, if any, and ConulltuÜty Association Dues, Fees, and Assessments, if any. To the exlentthat these Ìtt:Il1S an: E~crow [[ems, BO!T(.1wt:r shall pay them in the matmer provided in Section 3. Borrowcr shall promptly dischargc any licn which has priority ovcr tlllS Sccurity Instrumcnt wIless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but on]y so long as Borrower is perfonuing sueh agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, lega] proceedings which in Lender's opinion operate to prevent tlle enforcement of tlle lien wIllIe those proceedings are pendùlg, but only until such procccdings arc concluded; or (c) sccures from thc holder of the licn an agrecmcnt satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines tlIat any part of the Property is subject to a lien which can attain priority over this Security Instrwnent, Lender may give Borrower a notice identi(ying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one Of lUore of the actions set forth above in this Section 4. WYOMING· Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS . Fom) 3051 IfOJxJ. 6A(WY) (0806) Page 5 ofI5 "':v {~r Initials: ;J X;..' . v ""I.~ .', oC>:1 "" (~',iJUIQ 8 OOJ¡452 Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fife, hazards included within the tean "extended coverage," anù any other hazards including, but not limited to, earthquakes and l1oods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenl1 of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised lmreéŒonably. Lemler may require BO!Tower to pay, in cOIlnection with this Loan, either: (a) a one-time charge for flood zone detenl1ination, certification and tracking services; or (b) a onc-timc charge for flood zone dctcal1ination and ccrtification scrviccs and subscqucIlt chargcs cach time remappings or similar changes occur which reasonably might atIect such detemlination or certification. 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 detennination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amolUlt 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, ha7,ard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrowcr could have obtained. Any amounts disbursed by Lender lUlder this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice [wm Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lcnder's right to disapprovc such policies, shall includc a standard mortgage clausc, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any foml of insurance coverage, not othelwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in ""Tiling, any insuŒnœ proceeùs, whether or not ille underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feusible and Lcnder's security is not lesscned. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be lUldertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agrecmcnt is madc in writing or Applicablc Law requircs intcrcst to bc paid on such insurancc proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or otller third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economicalJy feasible or Lender's security would be lessened, tbe insurance proceeds shall be applied to the SlUns secured by this Security Instn.unent, whether or not then due, with the excess, if any, paid WYOMING - Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3051 11O~ 6A(WY) (0806) Page 6 of 15 ~ (/1 Initials: ,..v .... ,:-~~ ~" L"4 Q '". VVe..l.oJ ûOó453 to Borrov.-er. Such insurance proceeds shall be applied in the order provided for in Section 2, If Borrower abandons the Property, Lender may tïle, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. Tlit: 3D-day period will begin when the nolice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the alllounts unpaid under the Note or this Security Instnunent, and (b) any other of Borro"ver's rights (other than the right to any refund of wleamed premiullls paid by Borrower) lUlder all insurance policies covering the Property, insofar as such righls are Hpplicélhle lo the coverage of the Properly. Lender IIlélY use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instmmcnt, whethcr or not then duc. 6. Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of tllis Security Instrument and shall continue to occupy tlle Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in ,,¡riting, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist wlùch are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or COll1lnit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property froIll deteriorating or decreasing in value due to its condition. Unless it is detenl1ined pursuant to Section 5 that repair or restoration is not economically feasible, Borrowcr shall promptly rcpair thc Propcrty if damagcd to avoid furthcr dcterioration or damage. If insurance or condemnation proceeds are paid in col1l1ection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring tlle Property only if Lender has released proceeús [ur such purpuses. Lender may úisburse proceeds [or the repairs am! resluration in a single payment or in a series of progress payments as the work is completed. If the insurance or condcmnation procccds arc not sufficient to repair or restore tlle Property, Borrower is not relievcd of Borrower's ob1igation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection speci(ying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in detuult ií~ during the L03n application process, Borrower or any persons or entities acting at tlle direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or slalenumls to Lender (or faded lo provide Lender with ll.1aleIÌal infonnalion) in connecliun wilh lile Loan. Material representations include, but are not limited to, representations eonceming Borrower's occupancy of the Property as Borrower's principal residence. !J. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfonn the covenants and agreements contained in this Security Instnunent, (b) there is a legal proceeding that might significantly aftèct Lender's interest in the Property andlor rights wIder tlris Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for cnforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned tlle Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in tlle Property and rights lUlder this Security Instrument, including protecting and/or assessing the value of tlle . Property, and securing and/or repairing the Propelty. Lender's actions can include, but are not limited to: (a) paying any SUlllS secured by a lien w1rich has priority over tllis Security Instnullent; (b) WYOMING - Single Family - Fannie Mae!Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 305\ L'~ 6A(WY) (Og06) J'age 7 of 15 .. ...-'J ~.~~/'.y hut¡¡ds: ~ h , :./ c~n.J·~:£:'20 ,..... J~~iI..,~ ûOû454 appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous l:onditions, and have utilities [urned on or off Although Lender Illay 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 tor not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of BOITOwer sel:ured by this Se¡;urity Inslnllnenl. TIlese amounts shall bear interest al the Nole mte froUl the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requcsting paymcnt. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in \\Titing, 10. Mortgage Insuran.ce. If Lender required MOIigage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available tTom the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiwns for Mortgage Insurance, Borrower shall pay the premiullls required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in etIect, trom an alternate mortgage insw'er selected by Lcnder. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will Hccepl, use Hnd retHin these pHymenls as a non-refLllldable loss reserve in lien of Morlgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lcnder shall not bc rcquired to pay Borrowcr any intercst or camings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiLUus for Mortgage Insurance. If Lender required MOligage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower sha11 pay the premiums required to maintain Mortgage Insurance in eftèct, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tenninaLiol1 or until tenllinatÜJIl is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgagc Insurance reimburses Lendcr (or any cntity that purchases thc Notc) for ccrtain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on a11 such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agrecmcnts are on tenus and conditions that arc satisfactory to the mortgagc insurcr and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) WYOlvITNG - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS 6A(WY) (0806) Page 8 of 15 1:)00621 ûOú455 amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or moditying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." FLUther: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgagc Insurance, or any othcr tcrms of the Loan. Such agrccments will not increasc the amount Borrower will owe for Mortgage Insurance, and the.)' will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect tu 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. AJI MisceJlaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds wüil Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lcnder may pay for the repairs and restoration in a single disburscment or in a series of progress payments as the work is completed. Unless an agreement is made in \.vriting or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restorlltion or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whcthcr or not thcn duc, with the exccss, 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, destmction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the SunlS secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destmction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amowlt of the Sluns secured by tins Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borruwer and Lemler otherwise agree inl'l'riting, the sums secured by this Security Instnunent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by thc following fraction: (a) tI1C total mnount of the sums sccured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market valuc of tile Propcrty immcdiately bcfore thc partial taking, dcstruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall bè 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 BOlTower that the Opposing Party (as defined in the next sentence) ot1èrs to make an award to settle a claim for danlages. WYOMING - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3051 1101 6A(WY) (0806) Page 9 of 15 9('" Illitiat~ j:' / ... f~^ í'~ £>2"") ", !.,.¡' f,)I U tfI.ø 00&456 Borrower fails to respond to Lender within 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. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Burrower ha~ a right of action in regard lo Miscellaneou~ Proceed~. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, cOlùd result in torfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instillment. Borrower can cure such a default and, if acceleration has oc~urred, reinstate as provided in Section 19, by causing the action or proceeding to be dislI1js~ed with a ruling that, in Lender's judgment, precludes forfeiture uf the Property or other material impailment of Lender's illterest in the Property or rights tulder tins Security Instrument. Thc proceeds of any award or clailll for damages that arc attributablc to thc impainncnt of Lender's interest 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 in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to c·ommence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify alllOliization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lcnder in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrecs tIlat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute tile Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property lmder the terms of this Security Instnmlent; (b) is not personally obligated to pay the Sluns secmed by tins Secmity Instrument; and (c) agrees tIlat Lender and any otIler Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tenns of tIns Secmity 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 Security InstnmJent in writing, and is approved by Lender, shall obta.in all of B01Tower's righl~ and benefits under this Security Instrument. Bonuwer shall nol be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided ill Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfOITIled in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, ineluding, but not 1ilnited to, attomeys' fees, property inspection and valuation fccs. In regard to any other fecs, tIlc abscnee of cxpress autIlority in tIlis Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees tIlat are expressly prohibited by this Security Instnunent or by Applicable Law. If the Loau is subject to a law which sets maximulll loan charges, and that law is finally interpreted so that the interest or otIler loan charges collected or to be collected in cOlmection with the WYOMING - Single Family - Fannie Mae!Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3051 1fOl 6A(WY) (0806) Page 10 ofl5 0/ .J? hu!¡als. \.._ . ./ '-.,(1]'" £>2' N') '...# ",~f.jlQ Û 600457 Loan exceed the penl1itted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the penl1itted limit; and (b) any sums already collected trom Borrower which exceeded pernlitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed lmder the Note or by making a direct payment to Borrower. If a refund reduces principal, the n:duclion will be lrealed as a partial prepaymenl wiLhout any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such retund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with tilis Security In~lrwnent musl be in writing. Any notice lo Burrower in connection wiLh this Security Insll"wnenl shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrowcr's noticc addrcss if scnt by othcr means. Noticc to anyone Borrowcr shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bon·ower's change of address, thell Borrower shall only repOlt 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 delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instnunent shall not be deemed to have been given to l.ender until actually received by I,ender. If any notice required by this Security Instrument is also requrred under Applicable Law, the Applicable Law requrrement will satisfY the corresponding rcquiIcmcnt undcr this Security Instrumcnt. 16. GQverning Law; Severability; Rules of Construction. This Security Instnullent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Inslrument are sllbjecllo any requirements and limilations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silencc shall not bc construed as a prohibition against agrccmcnt by contract. In the event tllat any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instnullent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) 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 tins Section ] 8, "Intcrest in tilC Propcrty" means any legal or beneticia1 intcrcst in tile Property, including, but not limited to, tllose benetlcial interests transferred in a bond for deed, contract for deed, installment 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 in the Property is sold or transferred (or if Borrower is not a natural pcrson and a bencficial intcrest in Borrowcr is sold or transfcrrcd) without Lender's prior written consent, Lender may requiIe immediate payment in full of all sums secured by this Security Instnunent. However, this option shall not be exercised by Lender if such exercise is prollibited by Applicable Law. If Lender exercises this option, Lender shall give Bon-ower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with WYOMING - Single Family· Fannie MaelFreddie ¡vIac UNIFORM INSTRUMENT WITH MERS Fonn 305 I lIOI 6A(WY) (OK06) Page 11 of 15 ~. / 'J Initials:' . ./ (;OG624 ûOii458 Section 15 within which Dorrower must pay all sums secured by this Security Instrument. If Dorrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain comlitions, Bf>ITower shall have the right to have enforcement of this Security Instrument discontinued 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 period as Applicable Law might specify for the tenllination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that BOITower: (a) pays Lender all SlUns which then would be due under this Se~uriLy Instrument and thl:: Notl:: as if no acceleration had occurred; (h) cures aIlY default of any other covenants or agreements; (c) pays all expenses incmred in enforcing this Secmity Instnuncnt, irlcluding, but not limitcd to, rcasonablc attomcys' fccs, propcrtv inspcction and valuation fees, and oth~r fees incurred for the purpose of protecting Lender's interest-in the Property and rights under this Se\:mity Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights lUlder this Security Instrument, and Borrower's obljgation to 1Jay the sums secured by this Security Instillment, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certitïed check, bank check, treasurer's check or casliier's check, provided any such check is drawn upon an institution whose deposits are insured by a' tèderal agency, instrumentality or entity; or (d) Electronic FlUlds Transfer. Upon reinstatemenÙJY Borrower, this Security Instrument and ohligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acccleratioµ under Scetion 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instnunent) can be sold one or more times without prior notice llj Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Reriodic Payments due lUlder the Note and tIllS Security Instrument and performs other mortgage Iom~ servicing obligations under the Notc, this Sccurity Instnullent, and Applicable Law. There also might be one or more changes of the Loan Servieer unrelated to a sale of the Note. If there is a change ot: the Loan Servicer, Borrower will be given written notice of the change which will state the name and: address of the new Loan Servicer, the address to w1llch payments should be made and mlY other infollllation RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and tIl~reafter the Loml is serviced by a Loan Servicer other thml tIle purchaser of the Note, the mortgage loari servicing obligations to Borrower will remain with the Loan Servicer or be transterred to a successor: Loan Servicer and are not asslUned by the Note purchaser lIDless otherwise provided by the Note purchaser. Nl::iIljer Borrowl::r nor Lender may commence, join, or be joined to any judicial action (as either an ùldi-;iduallitigant or the member of a class) that arises from the other party's actions pursuant to this Sccurity Instnuncnt or tIlat allcgcs that the other party has brcached any provision of, or any duty owed by ¡reason of, this Security Instrument, lmtil such Borrower or Lender has notified the other party (with slj.ch notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective acti:on. If Applicable Law provides a time period which must elapse before certain action can bc takcll, ~hat tinlC period will be decmcd to be reasonable for purposcs of this paragraph. The notice of acceleration mId opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleratio~ given to Borrower pmsuant to Section 18 shall be deemed to satisfy the notice and opportunity to:take corrective action provisions of this Section 20. 21. Ij[azardous Substances. As used ill this Section 21: (a) "Hazardous Substances" are those substancþs defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3051 1!O1 6A(WY) (0806): Page 12 of 15 .-. (:t) 11117··' / and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fool1aldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envirom11ental protection; (c) "Environmental Cleanup" includes any respOIl~e action, remedial action, or removal action, as defined in Environmental Law; and (d) an "EnvirolUnental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envirollil1ental Cleanup. Borrower shall not cause or peol1it the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. BOlTower shall lIul do, nor allow anyone else tu do, anything aff't:ding the Properly (a) that is ill violation of any EnvirolUnental Law, (b) which creates an Environmental Condition, or (c) which, due to the prescnce. usc, or rcleasc of a Hazardous Substancc. creates a condition that advcrsely affccts the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nooual residential uses and to maintenance of the Property (including, but not limited to, haz.ardou~ substances in CO\l~umer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any goveoul1ental or regulatory agency or private party involving the Property and any Hazardous Substance or EnvirolUl1enta1 Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, an)' spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrowcr !earns, or is notitied by any govcrnmcntal or rcgulatory authority, or any privatc party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance witll Environmental Law. Nl1lhing herein shall create any obligation on Lemler for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender tùrther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall gin 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 notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less thlln 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 Secul"ity 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 differcnt, in accordance with Applicable Law. Lender shall 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 expemes of the sale, WyorvnNG - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3051 1'0\--., 6A(WY) (0806) Page 13 of 15 . :~/ 1lIIllals: ' r.,/1:¡~·;¡E25 .,,,"'J{...... '.", ûOû459 (,~f11:'; £!.2æo ..:.... ......~ ~...i1f,}' '0 .'. ^ -"460 !~: ~.....~v including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrumcnt; and (c) any cxccss to thc pcrson or pcrsons Icgally cntitlcd to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instnunent. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrumenl, but only if the fee is paid to a third party for services rendered and the charging of the fee is penllitted under Applicable Law. 23. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. WYOMING - Singlc Family· FWU1ic Mac/Freddic Mac UNIFORM INSTRUMENT WITH MERS 6A(WY) (0806) Page 14 of 15 Fonn 3051 1101 BY SIGNING BELOW, Borrower 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: , \,/ "'ì ':d~L/\Y, I. ~L.I..-V/· o 1,,,,/ Q~ Richard Starkey (Seal) -Borrower (\ /ì "~t..-.~{. / / ~ . Joanne M Starkey ~/ . .' "l!' ,// . ~", "( v (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower L\(\~\f\ STATE OF WYOMING, This instnmlent was acknowledged before me on §'f\a.f' (I \-. ~ by Richard E Starkey and Joanne M Starkey, . My Commission Expires: COLLEEN M. BEARD Notary Public Lincoln County Wyoming My Commission bplr.. County ss: .~~ \ . ~-ra9~d . Ie (and Rank) WYOMING· Single Family. FWU1ie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 6A(WY) (0806) Page 15 of 15 Fonll3051 1/01 ~ ^ -' £>_t., '~:.;~.J (J1f) íG , ÜO\i4G:1 I Q^. Mar jl LUU~ I I;//~m ~UUj/UUj ORDER NUMBER: NT~2174 EXHIBIT" A" LOT Z3 OF ALPINE RESORT SUBDIVISIONþ LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILBD JULY 2, 1963 AS MAP NUMBER 10S AND DOCUMENT NUMBER 378092 IN THE OFFICE OF LINCOLN COUNTY CLERK. .... ÐJ'·fr'2~D 1\ I, .: ' flju Ó .'''' "'- "" -" ALTA Commitment (6/17/06) 4J~ Acknowledgment We acknowledge the rereoording of the mortgage dated March 7, 2009 at book 71 a page 447 document #. 46079. Riohard E. ~~:;~ On '~\.~ \ I 200t personally appeared before me Richard E. Starkey the signer(s) of the within instrument, who duly acknowledged to me that HE executed the same. State of &YDI.-I.. \(\" County of' f')C'.(>\ f) ~:~~~b~~ ~ It:N (]~o~b CHI1I'/I.AJONØ· . III\IIC1F ~ WIOfMG ~ M'lCOMMIIIIICIN ÐCPI1Ø 2~13 . On :::t\ ~\ 120 I personally appeared before me Joanne M. Starkey the e;i9ner(~the within ¡nstrum nt, who duly aoknowledged to me that SHE executed the same. ~~~~fJ.lè1&~~ R..I?lng:~t\ ~ Lò1 Expires: ........ \ CHERYl. AJQNEI· NOWft NIUC COUIIIYC1F . II1\II C1F UNCOlH _ M'I~_2.o¡.zo13 00&629 "