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HomeMy WebLinkAbout9484276010917949 After Recording Return To: BANK OF AMERICA, N.A. CA6-914-01-42 DOC PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Prepared By: CHRISTINA FOWLER RECEIVED 7/21/2009 at 12:13 PM RECEIVING # 948427 BOOK: 727 PAGE: 872 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0008''x" 6010917949 00020932482407009 [Escrow/Closing #1 [Doc ID #1 MORTGAGE MIN 1000255-0000013935-0 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 16, 2009 together with all Riders to this document. (B) "Borrower" is JON PASSEY, AND MELANIE PASSEY, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETY AKA JON REX PASSEY AKA MELANIE MARIE PASSEY Borrower 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 BANK OF AMERICA, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's address is 101 South Tryon Street, Charlotte, NC 28255 (E) "Note" means the promissory note signed by Borrower and dated JULY 16, 2009 The Note states that Borrower owes Lender TWO HUNDRED SEVENTY FIVE THOUSAND FIVE HUNDRED and 00/100 Dollars (U.S. $ 2 7 5, 5 0 0. 0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 01, 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 charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "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]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] WYOMING--Single Family--Fannie Mae/Freddle Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgage-WY 2006A-WY (08/08)(d/i) Page 1 of 9 [Space Above This Line For Recording Data] * 2 3 9 9 1 ' 2 0 9 3 2-4 8 2 4 0 0 0 0 0 2 0 0 6 A w O V S73 DOC ID 00020932482407009 (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable 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 organization. (I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation 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, the value and/or condition of the Property. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (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.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this 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 mortgage loan" under RESPA. (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 Security 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 Security 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 MFRS, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] Lot 3 of Viewmont Subdivision, Lincoln official plat filed on July 2, 1980 as the Lincoln County Clerk. of LINCOLN [Name of Recording Jurisdiction] County, Wyoming as described on the instrument No. 542005 of the records of Parcel ID Number: 12311819301133 which currently has the address of 1596 STATE HIGHWAY 241, AFTON [Street/City] Wyoming 83110-9600 ("Property Address"): [Zip Code] 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 Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with 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 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgage-WY 2006A-WY (08/08) Page 2 of 9 C40 V 874 DOC ID 00020932982907009 pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due tjnder 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 in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as sel~cted 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, instrumentali>y, or entity; or (d) Electronic 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 in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder 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 unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument dperforming 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 andi 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) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, 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 sufficient amount to pay any late charge due, the payment may be 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 the 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 due. Voluntary prepayments shall be applied first to any prepayment charges and 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 change the amount, 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 sum (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 and all insurance 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 premiums in accordance with the provisions of Section 10. These items are called "Escrow Iterbs." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds 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 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 furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and 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 fpr an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Itemsi at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all funds, and in such amounts, that are then required under this Section 3. Lender tnay, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or 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 account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest 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 writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required b} RESPA. If th=cc urplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, WYOMING--Si i gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgage-WY 2006A-WY (08/,08) Page 3 of 9 V. F,.; V DOC ID 00020932482407009 as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Iment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Upon IbLender, Funds held 4. rges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property whih can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and C immunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shad pay them in the manner provided in Section 3. Borrow r shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in (writing 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 in good faith by, or defends against enforcement of the lien irl, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice iden ifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one o more of the actions set forth above in this Section 4. Lender ay require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in onnection with this Loan. 5. Pr perty Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured agai st loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limite to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (inc uding deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by B rrower subject to Lender's right 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 determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Eme ency Management Agency in connection with the review of any flood zone determination 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 o tion and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Proper , or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 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 from Lender to Borrower r questing payment. All ins ranee policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional lo, s payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower sha 1 promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance overage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a star and 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 no made promptly by Borrower. Unless Lender and Borrower otherwise agree. in writing, any insurance proceeds, whether or not the underlying 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. During such repair and restoration p riod, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect su h Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be unde taken 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 agreement is made in writing or Applicable Law requires inter st to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings o such proceeds. Fees for public adjusters, or other 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 economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in he order provided for in Section 2. If Borro er abandons the Property, Lender may file, 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. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower' rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Insti ment, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Properly. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Not 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 he execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal WYOMING--Si gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgage-WY 2006A-WY (08/08) Page 4 Qf 9 000876 DOC ID 00020932482407009 residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreas nably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoratio is not economically feasible, Borrower shall promptly 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 repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender r 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 interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, mislea ing, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning B rrower's occupancy of the Property as Borrower's principal residence. 9. Pr tection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under is Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the roperty. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security 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 conditions, d have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to dos 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 authorized under this Section 9. Any a unts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Ins ment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee itle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the remiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrowe was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower sh 1 pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, fro an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not availab e, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve i 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. Len er 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 sep ately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as condition of making the Loan and Borrower was required to make separately designated payments toward the premium, for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordanc with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain 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 all 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 agreements are on terms and conditions that are satisfactory to the mortgage insurer 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 res It 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) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgag~-WY 2006A-WY (08/p8) Page 5 of 9 10087' DOC ID 00020932482407009 mortgage ins rer'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 termed "captive reinsurance." Further: (a) Airy such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, o any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage In urance, and they will not entitle Borrower to any refund. (b) A y such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance u der the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive ce ain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance to urinated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at he time of such cancellation or termination. 11. As Ignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid o Lender. If the P operty 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 p rind, Lender shall have the right to hold such Miscellaneous 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 undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be aid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, t e Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the vent of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the e ent of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property im ediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secure by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower an Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of th Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately efore 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 a ent of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property imrr. ediately before the partial taking, destruction, 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, th Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are the due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined i the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds eith r to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, co ld result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if 'acceleration has occurred, reinstate as provided i Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Ins ment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Mis ellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for i 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 commence proceedings against any Successor in Interest of Borrower or to refuse to ext d time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of an demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in ex rcising 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. Jo t and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument bit does not execute the 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 under the terms of this Security Instrument; (b) is not personally obligated to ay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to exte d, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without he co-signer's consent. gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) Form 3051 1/01 MERS Mortgag -WY 2006A-WY (08/p8) Page 6 of 9 C400878 DOC ID 00020932482407009 Subject under this Se under this Sc Security Insh Instrument sh 14. Lo default, for th but not limits of express aul, on the chargi~ Applicable L If the L interest or otl (a) any such sums already to make this If a refund r (whether or n direct payme overcharge. 15. N in writing. to Borrower means. Noti otherwise. by notice to a procedure f specified pro Any notice t unless Lend Instrument s by this Secu 16. G( law and the l Instrument a or implicitly a prohibition Note conflict: which can be As used words or wo. and (c) the wi 17. Bo 18. Tr Property" me transferred in transfer of tit] If all or person and a require imme exercised by ] If Lendc of not less th, all sums Secu Lender may ii 19. Bo have the right days before s; as Applicable this Security this Security or agreement reasonable atl Lender's inter reasonably rf and Borrower require that E Lender: (a) c, check is dra or (d) Electrc o the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations rarity Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits purity Instrument. Borrower shall not be released from Borrower's obligations and liability under this ament unless Lender agrees to such release in writing. The covenants and agreements of this Security ill bind (except as provided in Section 20) and benefit the successors and assigns of Lender. in Charges. Lender may charge Borrower fees for services performed in connection with Borrower's : purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, d to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence nority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition ig of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by w. ►an is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the er loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: )an charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any :ollected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose refund by reducing the principal owed under the Note or by making a direct payment to Borrower. :duces principal, the reduction will be treated as a partial prepayment without any prepayment charge it a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by t to Borrower will constitute a waiver of any right of action Borrower might have arising out of such tices. All notices given by Borrower or Lender in connection with this Security Instrument must be kny notice to Borrower in connection with this Security Instrument shall be deemed to have been given ,vhen mailed by first class mail or when actually delivered to Borrower's notice address if sent by other :e to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires ie notice address shall be the Property Address unless Borrower has designated a substitute notice address Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies )r reporting Borrower's change of address, then Borrower shall only report a change of address through that :edure. There may be only one designated notice address under this Security Instrument at any one time. Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein has designated another address by notice to Borrower. Any notice in connection with this Security all not be deemed to have been given to Lender until actually received by Lender. If any notice required ity Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the requirement under this Security Instrument. verning Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal ,w of the jurisdiction in which the Property is located. All rights and obligations contained in this Security e subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as against agreement by contract. In the event that any provision or clause of this Security Instrument or the with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note riven effect without the conflicting provision. in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter ds of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; ,rd "may" gives sole discretion without any obligation to take any action. rrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. insfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the ins any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the by Borrower at a future date to a purchaser. my part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may liate payment in full of all sums secured by this Security Instrument. However, this option shall not be .ender if such exercise is prohibited by Applicable Law. r exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period n 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay -ed by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, .voke any remedies permitted by this Security Instrument without further notice or demand on Borrower. -rower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five le of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing nstrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under nstrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, )rneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting -st in the Property and rights under this Security Instrument; and (d) takes such action as Lender may quire to assure that Lender's interest in the Property and rights under this Security Instrument, s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may nrrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by ,sh; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such vn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; nic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgag~-WY 2006A-WY (08/p8) Page 7 of 9 , 79 I DOC ID 00020932482407009 hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sae of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address f the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Service other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Serlvicer 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, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that a other party has breached any provision of, or any duty owed by reason of, this Security 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 alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time pe rod will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity t 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 h zardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, 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 environmental protection; (c) "Enviro mental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise igger an Environmental Cleanup. Borrow r shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten t release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anyt ing affecting the Property (a) that is in 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 storallge on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate t normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, an spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by th presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower earns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rem diation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. 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 reach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 u less Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to ure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which th 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 as ert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the defauli is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in f ill 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 ursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and cost of title evidence. If Lend r invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in po session of the Property, if different, 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 4ny sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, b#t not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any a cess to the person or persons legally entitled to it. gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortga a-WY 2006A-WY (08 08) Page 8 of 9 DOC ID 00020932482407009 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. JON PASSEY aka,--1Jonftx Passey State of County of Wyoming Lincoln MELANIE PASSEY aka Meanie Marie Passey This instrument was acknowledged before me on by Jon Passey aka JoRex Passey and (Seal, if any) GLORIA K. BYEi,, NCIT"R Y PUBUC',' 41S jr County of State of F Lincoln Wyoming b1V Ccnl vn l nbu ' 201 I i i aoo (Signature of notarial Escrow Officer - (Seal) - Borrower - (Seal) - Borrower - (Seal) - Borrower (Seal) - Borrower My commission expires: Title (and Rank) 9-15-11 WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1/01 MERS Mortgage-WY 2006A-WY (08/08) Page 9 of 9