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HomeMy WebLinkAbout887755Relurn To' IRELAND BANK 2715 POLELINE ROAD, POCATELLO, ID 83201 Prepared By' 885019 ;BOOK ~2 PR PAGE :'5 7 4 [Slmce Above This l.ine For Recording'Dalai MORTGAGE 887755 RECEIVED · &INCOLN COUNTY CLERK 0.3 FFR J ,:? i.c~f ,:,.. ,Jl:: ~, .",,1.r'~,:" ~ ..... .~,,iF/~ ~ i ~ i ;; 12] "¥' '~'"; '..' ~ '4 ~ DEFINITIONS \Vords used in multiple sections ol" Ibis document are defil2ed below and olhel' words are defined in Sections 3, 11, 13, 18, 20 iuld 21. Co,lain rules regarding the usage of words used in this document are also provided in Section 16. (Al "Secm'ity Insh'm,,enl" means this (loc ncnl which is daled OCTOBER 23, 2002 togelher with all Riders to this document. (B)."Bo,',-owe,-"_ is-AARON AND"MELINDA ROBERTS, HUSBAND AND ~IFE / Borrower is tile lllOltgagor urldcr this SmctIFity hlshtlmmlt. (C) '"Le,~der" is IRELAND BANK Lender is a CORPORATION organized and existing under the hlws o1: l-liE STATE OF IDAHO WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (~)®-fi(WY {goos) Page 1 o[ 15 MW 05/00 Ini'~t~f~¢4/99 VMP MORTGAGE FORMS - (gO0)52~-7291 Form 3051 1/01 This mortgage is re-recorded to add the maturity date and page 13. Lender's address is 2715 POLELINE ROAD, POCATELLO, ID 8320] Lender is the morlgage¢ under this Securily IllstrLllllellt. (D) "Note" means [lm i~romissory' hole signed by BoFrower and daled The Note states ii, at Borrower owes Lemlcr - - THIRTY TWO THOUS~D :?7 Dollars (U.S. $ '32,000. O0 ' /. ) plus inle]-est~Bo[mw~l~ promised ~rh~ debt in regular Periodic Payments and to p~y the deb[ in full nol latcr~an NOVEMBER 1, 20B2 ~ . (E) "Property" me,ms lhe property thai is de~%*~-mde~he-h~d~Transrer of Rights in Ihe Property." (F) "Loan" means the debt evidenced by Ihe Nolo, l)lus interest, any prepayment charges and late charges due under tl~e Mote, and all sums due under this Security Inslrument, plus inIerest. (G) "RideFs" means all Riders to this Security Instrument that m-e executed by Borrow.er. The following Riders are to be executed by Borrower Ichcck box as applicablcl' ~ AdjusIable Rate Ridm- ~ Co,~dominimn Rider ~ Second I-lome Rider ~ Balloon Rider ~ Planned Unit Developmem Rider ~ l 4 Family Rider ~ VA Rider ~ Biweekly Payment Rider ~ Odmr(s) [specil~] (H) "Applicable Law" means all controlling applicable federal, state and local slatutes, regulations, ordinances and aclministrative rules and orders (/hat have the effect ol: law) as welt as all applicable final, non-appealable judicial opinious. (1) "Community Association Dues, Ii'ecs, m~d Assess ne Is" means all dues, fees, nsscssme~lls mid other charges that are imposed on Borrower or the Properly by a condominimn associalion, homeowners association or similar organization. ',(,!) "Electronic Ftmds Transfer" means any transfer of INimls, other lhan ii transaction originaled by che~k, draft, or similar paper instFunmnt, xvhich is iniliatcd Ihrough an electronic lcFminal, telephonic instrhment,. = computer,, or magnetic iapc so as to order, instruct, of aulhorize a financial illsliltlliol/ 1o {Icl)it or credit an accotmt. Such term inclmlms, but is not limiled to, point-of-sale -ansfers au{omatcd loller machine transaclions, transfers initiated by telephone, wire transfers, and automated clearinghouse ' transfers (K) "Escrow Items" means those items that a~e described in $ection B. (L) "Miscellaneous PFoceeds" means any compensation, settlement, award of dl nages, o~ proceeds paid .by any t{fird party (odmr lhan 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 prat of Ihe Property; (iii) conveyance in lieu of con(e nnatiou; or (iv) misrq~resemations of, or omissions as to, the value and/or condition of Ihe Properly. (M) "Mortgage lnsnrance" means insurance p~olecling Lemlcr ngainsl the nonpayment of, or default on, the Loan. (N) "Periodic Payment" meilns the regularly scheduled amount due fOF (i) principal and ime~est under Ihe Note, plus (ii) any iilllOtllllS under Section 3 of (his Security I:~st~umcnt. (O) "RESPA" means the Real gstale Scttlemem Procedmes Act (12 U.S.C. Section 2601 et seq.) and ils implementing regulation, Rcgtdation X (24 C.F.R. Part 3500), as riley might be amended from lime lo time, or any addilional or successor legislation or regu}ation {hat governs lhe same subject melter. As used in Ihis Security Instrument, "RESPA" refers ~o all requirements and restrictions thai afc imposed in regard to a "federally related mortgage Iolm" even if the Loan docs not qualify as a "federally relaled mortgage loan" under RESPA. (,~-6(WY) Iooosj Page 2 ol Is ~ Form 3051 l/O1 (P) "Successor in Interest oF lhnTower" means any l)arly lhat has laken title to lhe Property, whelher Ol- not that party has assumed Bor. l-ower's obligalions under the Nole and/or Ihis Securily lnstrume,lt. TRANSFER OF RIGHTS IN THE PROPERTY This Security Insh'ument secures to Lender: (i) the repayment ol: tile Loan, and all renewals, extensions and modifications of the Note; and (ii). the performance of Borrowers covenants and agreements under II, is Security lnstrumept and tl~e Note. For this lnn'pose, Borrower does hereby mortgage, grant and convey to Lender and Lender"s successors and assigns, wilh power of sale, the following described property located in the C01JNT¥ ~F LINCOLN : JTyl),Z of' Recording ]urisdicliunJ [Name t:,f Rec(',rding lurisdicticm] PER THE ATTACHED EXItlBIT "A" INCORPORATED IIEREIN BY TttlS REFERENCE. Parcel ID Number: 24190541007800 450 SAGE STREET COKEVILLE, "'~" ("Property Address"): which currcmly has the address of ICi~yl , Wyoming 83 1 1 4 IZip (:'-,>dc] TOGETHER WITH all Iht improvements now or hereafter erected on tile property, and all easemeots, appurlenances, and fixtm-es now or hereafler a part of II~e property. All reph~cements and additions shall also be covered by lhis Security lnstrnment. All or the foregoing is referred m in this Security Instrument as the "Prol)erty." BORROWER COVENANTS that Borrower is lawfldly seised of the estale hereby conveyed and has the right to mortgage, grant and convey the Property and Ihal lhe Properly is unencumbered, excepl t'or enculnbrances oF record. Bm'rower warrauls alld will de[end generally thc thio to Iht Property againsl all claims and demands, subject to any encund)rances of record, ;TIIIS SECURITY INSTRUMENT combines uniForna covcnanls for nalional usc and ilon-uniForiB covenants with limited variations by jmisdfction lo constitulc a uniform security instrmnenl covering real property. UNIFORM COVENANTS. Borrower aud Lender covenant and agree as Follows: 1. Payment o1' Princil)al, In/eFesl, Escrow llcms, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal oF, and inlm:es[ on, lhe debt evidenced by the Note and any l)repayment charges and late charges due under thc Nole. Borrower shall also pay INm[ls Fo~ ESClOW ltel/lS pursuant to Section 3. Payments due under the Nole and this Security Instrument shall be made m u.s. currency. However, it: any check or other instrument received by Lender as payment under the Note or this I~-6(WY) Iooosl Puge 3 ol ~5 ~ Form 3051 1/01 577' 486 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments dne under dm Note and this Securily 'h~strument be made in one or more of the following forms, as selected by Lender: (a) cash' (b) money order; (c) certified check, bank check, treasurer's check or cashier's check provided ;U~y such check is drawn upon an inslitulion whose deposits are insured by a federal agency, instrt nentality or entity; or (d) Elech'onic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at suc~ other location as may be designated by Lender in accordance with Ihe notice provisions in Section 15. Lender may retur0 any payment or partial payment if the payment Ol- partial payments' are insufficient to bring the Loan curr~nt. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice lo its righ{s to refuse such payment or partial payments in the htture, but Lender is not obligaled Io apply such payments at the lime such pay nents are accepted. If each Periodic Payment is applied as of ils scheduled due dale, limn Lender need not pay interest on ulaapplied flmds. Lender may hold such tmapl)lied hlllds until Borrower makes payment Io bring Ihe Loan current. If Borrower does not (Ir) so wilhin a l-CilSOllablc period of lime, Lender shall either iq)ply such ~mds or return them ro Borrower. If not applied earlier, such funds will be apl)lied Io Ihe outstanding principal balance under the Nole immediately prior to foreclosure. No off:SCl or claim which Borrower might have now or in dm future againsl Lender shall relieve Borrower from making payments due under the Note and this Security h~sh-ument or performing the covenanls and agreemenls secured by Ihis }ecurily Instrument. 2. Applicalion of Pnyments m-Proceeds. Except as olherwise described in tl~is Seclion 2, all payments accepted and al)plied by Lender shall be applied in lhe following order of pl'iority- (a) inleres[ due under the Note; (b) principal due .under the Note; (c) amounts due under Seclion 3. Such payments shall be al)plied to each Periodic Payment in II~e order in which it became due. Any ~emaining amounts shall be applied first to late charges, second to any olher amounts due under II, is Securily Inslrt ~hent and then to reduce tl~e principal balance of lhe Note. If Lender receives a paymeot from Borrower for a ddinquent Periodic Payment which inch,les a sufficient anlonnt to pay any lalc charge duc, the payment may be applied Io the delinquent paymenl and Ihe late charge. If more Ihatl olle Periodic PilylnCllt is oulsiandillg, Lender iBay apply ally paylllelll received frolll Borrower to the repayment o1" Ibc Periodic Payments if, ami to Ihe exlent I}la[, each payment can be paid in ISHI. To the extenl Ihat any excess exists after the l)aylncnt is al)plied m the fidl payment of one or more Periodic Paynents, such excess may be applied to any late charges due. Vohmlary prepayments shall be applied first 1o any prepaymenl charges and lhen as described in II~e Note. Any application of pay nenls, insurance p-ocecds or Miscelhmeous Proceeds lO principal due under the No~e shall not extend or postpone fl'm due dale, or change lhe amount, of the Periodic Payments. 3. Ftnlds for Escrow llems. Borrower shall pay to Lender on ~l~e day Periodic Payments are due under the Note, until the Note is paid in INHI, a sum (thc "Funds") Io provide tbr payment of anlotmts due for: (a) taxes and assessments and other items which can alliihl priority over this Security Instrument as a lien or encumbrance on tl~e Property; (b) leasehold paymenls or ground rents on Ihe Properly, if any; (c) premiums for any and all insm-alme required by Lender tll/dcr Section 5; and (d) Morlgage Insurance pre nitlms if any, or any sums payable by Borrower to I_ende~ m lieu of II~e payment of Mortgage Insurance premiums in accordance will~ ll~e provisions of gccdon I0. These items al-e called "Escrow Items." At origination or at any lime duri~g tl~e lerm of Ibc Loan, Lender may require that Community Association. Dues, Fees, and Assessnents, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish ~o Lender all notices of amounis lo be paid under d~is Section. Borrower shall pay Lender the Funds for Escrow hems unless Lender waives Borrower's obligalion to pay the Funds for any or all Escrow lees. Lender may waive Borrower's obligation to pay lo Lender Funds for any or all Escrow hems at any lime. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts i[~9_ Initials: 6{WY) Iooo5} Page q at 15 Form 3051 1101 578 487 due for any Escrow Items for which payment of ~unds has been waived by Lender and, if ~ender requires, shall ~rni~h to Lender receipts evidgncing such payment within such time period as L~nder may require. Borrower's obligation to make such paynmms and to provide receipts shall for all purposes be deemed to be a covenant and agreement comained in this Security Insh-t nent as dm phrase "covenant and agreement" is used in Section 9. If Borrower is obligamd to pay Escrow hems t reedy pursuant Io a waiver, and Borrower fails to pay lhe amount due for an Escrow liem, Lender may exercise its rigbls under Section 9 and pay sucll amotmt.and Borrower shall then be obligated trader Section 9 lo repay to Lender any snch amount. Lender may revoke the waiver as [o any or all Escrow llems at any time by a notice given in accordance wilh ~ection 15 and, upon such rcvocalion, Borrower shall pay to Lender all Funds, and in such anaounts, that are then required under this Section 3. Lender may, at any time, collect aud bold 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 eslimate the amount ol: Funds due on the basis of current data and reasonable estimates or' eXlmntliltu-es of I'ulure Escrow Items or odmrwise in ;~cco~tlance wilh Applicable' Law. The Funds shall be held in an institution whose deposits are instn'ed by a federal agency, instrumentality, or entity (inch~ding Lender, if Lender is an insiimlion whose del)os/ts are so insured) or in any Federal Home Loan Bank. Lender shall apply ~he Funds [o pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying tl~e Funds, annually analyzi,ng the escrow accom~t, or verifying Ihe Escrow hems, unless Lender pays Borrowe~ interest on the Funds and Applicable Law permits Lender lo make such a charge. Unless an agreement is made iu writing or Applicable Law requires interest to be paid on the Funds, I_ender shall not be required Io pay Borrower any interest or earnings on the Funds. Borrower anti Lender can agree in writing, however, that interest shall be paid on the Funds. [_ender shall give Io Bo"ower without charge, an annual accotmting of Funds as re,quired by RESPA. . If there is a surplus of Funds held iu ese-ow, as defined under RESPA, Lender shall account to Borrower for the excess hinds in accordance with RESPA. 11: dmre is a shortage of ~tmds held iu ese-ow, as defined under RESPA, Lender shall notify Borrower as required by RES 3A, and ~orrower shall pay Lender tl~e amount necessary to make u1) Ihe shortage in accordance with RESPA, but in no more d~an monthly payments. Il' there is a deficiency of Pu~ltts held in escrow, as defiued uuder RESPA, Lender shall nod~ Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance wi[l~ RESPA, hut in no more than 12 monthly, payments. Upon payment in htll of all sums secured by this Security lust nent, Lender shall promptly relkmd to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all laxes, assessments, charges, fines, and imposiiions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or grmmd rents on the Properly, if any, and Community Association Dues, Fees, and Assessments it' aay. To the extent that these items are Escrow llems, Borrower shall pay them in the manner provided in Section 3. Bo[rOwer shall prompdy discharge auy lien wliich has priority over this Securily lnstnmmnt unless Borrower: (a) agrees in writing Io the payment of the obligation secured by the lien in a manner acceptable to Lender, htff only so long as Borrower is pe[fo[ming such agree nent; (b) contests lhe lien in good faith by, or defends against enforcement of dm I-ich in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while II~ose proceedings are pending, bul only tmdl such proceedings are concluded; or (c) secures l:rom lhc holder of the lien an agreement satisfactory to Lender subordinating the lien [o this '$ecnrity lnstrun~ent. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Inst 't nent Lender nlay give Borrower a notice identifying 6(WY) Iooos) P~,u~ 5 ol Is Form 3051 1/01 579 lien. Within 10 clays or' the date on which that notice is givcr~, Borrower shall satisl:y the lien or ;akeone or more of the actions set forth above in'this Section 4. Lender may require Borrower to pay a one-lime charge for a real estate tax verification an(I/or reporting service used by Lender in connection with tl~is Loan. 5. Property Insm'ance. Borrower shall keel) the improvements now existing or hereaE[er erected the Property insured against loss by fire, hazards included within tile term "extended coverage," and any other hazards including, but not limited to, eartl~quakes and floods, for which Lender requil-es insurance. This insuran6e sh~ll be maintained in thc amounts (including deductible levels) and IBr the periods d~at Lender requires. What Lender requires i)ursL~ant Io the preceding sentences can change dLn-ing the term the Loan. The insurance carrier providing dm insnrance sliall be chosen by Bmrower subject to Lender's right'to disapprove Borrower's choice, which right shall oot be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: Ca) a one-time charge for flood zone determination, certification and tracking services; or Cb) a one time charge for flood zone determination and certification services aml sul)scqucnt charges each lime rcmapl)ings o~ similar changes occur which reasonably might affect such determinatitm or certification. Borrower shall also be responsible l"or Ihe payment'o~ any fees imposed by the lXcderal Emergency Management Agency in connection with tl~e review of any flood zone determination restdling from an ol)jeclion by Borrower. If Borrower fails to maintain any o~: the coverages described above, Lender t~lay obtain insurance coverage, at Lender's opti.on and Borrower's expense. Lender is under no obligatioo to pnrchase any par[ict ldr type 0r amount of coverage. Therefore stlch coverage s ~all cover ~e ~der bt t night or might not:p(ot~ct:Borrower, Bo[rower s eqo,y m the Property, or the contents or' the Property, against any risk, haz9rd ~r liability and might provide greater pr lesser coverage than was previously ii~ effect. Borrower acknowledges that the cosi of the insurance c0v~rage so obtained might significantly exceed dm cost of insur~nce that Borrower could have obtained. Any amonnls disbursed by Lender under this Section 5 shall become ~dditional debt of Borrower seem'ed by this Secnrity Instrument. These amounts shall bear' interest at the Note rate from Ibe date of dislmrsement and shall be payable, wid~ such interest} upon notice from Leqder to Borrower reqnesting payment. All insorance policies reqnired by Lender and renewals o1' such policies shall be subject to Lender's right [o disapprove such policies, shall inch~de a slandard mortgage clause, and shall name Lender as mortgagee and/or as an addititmal loss payee. Lender shall have II~e right to hold the policies and renewal certificates. If Lender requires, Borrower shall promplly give to Lender all receipts of paid premimns and renewal notices. If Borrower oblains any form or' insurance'coverage, not otherwise required by l_ender, for damage to, or destruction of, the Property, such policy shall include a standard morlgage clause and shall name Lender as mortgagee and/or as an addilional loss i)ayee. In ll~e event of loss, Borrower shall give prompt notice Io the insurance carrier and Lender. Lender may make proof of loss if not made proml)tly by Borrower. Unless Lender and Borrower odmrwise agree · in writing, any insurance proceeds, whether or not the underlying insurance was reqnired by ~endcr, shall be applied to restoration or repair of the Property, if thc rcstoralion or repair is economically feasible and Lender's secm'ity is not lessened, l')nrJng such repair and reslotalion period, ~ender shall bare the right hold such insurance proceeds until Lender has had an opportunity to inspect such Properly to ensure work has beeo completed to Lender's si~tisfaction, provided that such inspection shall be underlaken promptly. Lender nqily disburse pr(steeds for lhc repairs it~/tl rcslori~tin~'l in a single payment or in a series o[ progress paymenls as ll~e work is complclcd. Unless all agreement is made in writing or Applicable Law requires interest to be paid oo such insmance pr(meeds, Lender shall not be ~equired to pay Borrower ally interest or earoings on such proceeds. Fees for l)ul)lic adjuslers, or odmr Ibird parties, retained by' Borrower shall not be paid out o[: Ibc insurlmce proceeds anti shall be thc sole obligation ol: Borrower. If the resloratioo or repair is not economically feasible or l_cnclcr's sccnrity wonld be lessened, the insnrance proceeds shall be apl)lied to thc sunls secured by Ihis Sccurily [nstrunmnt, whether or not then tine, with -fi(WY) Iooo5) · ¢'age 6 o{ is '~ Form 3051 1/01 489 Ibe excess, i~' any, paid to Borrower. Sud~ insurance proceeds shall b~ applied in dm order provided ~'or in Section 2. If Borrower abandons ll~e Property, l_enclcr may file, ncgotiale and scltle any awfilable insurance claim and related mailers. If Borrower does m~t respond wilhin 30 clays to a notice from Lender tl~at insurance carrier has offered to settle a cl~im, then Lender may negotiate and settle the claim. The 30-day period will begin when ll~e notice is given. In cilhm' cvcnl, or if Lender acqnires llae Property under Section 22 or otherwise, Borrower hereby assigns to Lcndel (a) llor~owe~'s rights IO any iasurance proceeds in an an)onnt not to exceed the alBonllls unpaid ttnclcr the Note or Ihis Security Instrumen[, and - (b) any otlmr of B'orrower's rights (other than lhe right to any rel:uud of unearned premimns paid by Borrower) under ali insurance policies covering the Propct~y, insol:ar as such ~ights are applicable to the covet-age of the Property. Lender may use the insurance proceeds cidmr Io repair or restore the Properly or [o pay amotlnis unpaid under tl~e Nole or this Security Insirument, whelher or not Ihen clue. 6. O~cupancy. Borrower shall occupy, establish, and use dm Properly as Borrower's principal residence Wid)in 60 days after Ilae execution of Ihis Securily lnsirmnent and sh~dl continue IO occupy Ihe Property as Borrower's principal residence for at least one year after dm date of occupancy, unless Lender odmrwise agrees in writing, which consent shall not be unreasonably withheld, or unless exlenuaiing circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of lhe Property; Inspeclio~ls. Borrower shall not destroy, damage or impa? the Property: allow the Properly IO deleriorate or commit wasie on the Property. Whether or not Borrower is residing in ll~e Property, Borrower shall maintain dm Property in order to prevent the Property from deteriorating or decreasing in value due [o its condition. Unless it is determined pursuant to Secdon 5 d~at.repair or restoralion is nol economically feasible, Borrower shall prompdy repair lhe Property if damaged to avoid fln-ther delerioration or damage. If insurance or condemnation proceeds are paid in connection wilh damage lo, or tbe taking ot~, dm Property, Borrower shall be responsible for repairing or resloring Ihe Property only if Lender has released proceeds for such purposes. Lender may disborse proceeds for II~e repairs and restoration in a single payment or in a series progress payments as Ibe work is completed. If the insm'ance or condemnation proceeds are not snfficient to repair or restore lbe Properly, Borrowci- is nr)l relieved of Borrower's obligation for tl~c completion o~ such repair or restoration. Lender or its agent may make reasonable entries upoll mid inspections of linc Properly. If il has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower no[ice at the time of or prior to such an interior inspection speci~ing such reasonable cause. 8. Borrower's Loan Applicalion. Borrower shall be in de/'anlt iff, during dm 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, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material inl:ormation) in connection will~ tile Loan. Ma[trial representations inclnde, but are not limiled to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection ~1' l,ender's Interesl in Iht Properly and Rights Under Ihis Sccm'ily Instrmnenl. (a) Borrower fails to perl:orm tl'm covetlanls and agrcenmats contained in this Security Instrument, (b) there is a legal proceeding d~at might signil'icanlly al:feet I.emlcr's intmcsl in Ihe Properly and/or righls trader Ibis Security Instrument (such asa proceeding in l)ankruplcy, probate, I'or Colltlclllllalioll Or I'orfcilure, l:or enforcement of a. lien which may attain priority over Ibis Security Instrument or to entbrce laws or regulations), or (c) Borrower bas abandoned d~e Properly, ~hen Lender may do and pay for whatever is reasonable or appropriate to prolect Lcmler's interest in tl~c Property and ~ights under this Security Instrument, including protecling and/or assessing thc value ol: the Property, and securing and/or repairing thc. Property. Lender's aclions can include, but are m~t limited to: (a) paying any sums secured by a lien which has priorily over Ibis Securily Instrument; (b) al)pcaring in court: and (c) paying reasonable huduls: Page 7 o115 ~ Form 3051 1/O1 58i atto'rneys' fees to protect its imerest in the Property and/or rights under this Security his 't merit including its secured position in a bankruptcy' proceeding. Securiug the Properly includes, but is not limited to, entering the Property t'o make repairs, change locks, replace or board up doors aud windows, drain witter from pipes, eliminate buihling or other code violalions or dangerous conditions, and have utilities turned on or off. Although Lender may take actiotl under this Sectioo 9, Lender does not have to do so and is not under any duty or obligation to do so. h is agreed thai Lender incurs no liability for not taking any or all actions authorized under dfis Section 9. Any. amounts disbursed by Lender under this Seciion 9 shall become additional debt of Borrower secured by this S¢cUrity h~slrun~enl. These amounls shall bear interest at tbe Note rate fl-om the dam of disbursement and shall be payable, with such interest, upon nolice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply wid~ all the provisions of the lease. If Borrower acquires fee title to the Properly, the leasehold and the fee title shall not merge unless Lender agrees to the merger in wriling. 10. Mortgage !usurance. 11' hendcr required Mortgage lnsurlmce as a condition of making the Loan, Borrower shall pay die premiums required to maintain II/e 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 Borrower was required to make separately designated payments loward the premiulns for Mortgage lnsurauce, Bon'ower shall pay the preminms required to obtain coverage substantially equiwdent to the Mortgage Ii~surance l)~eviously in effect, at a cost substantially equivalent to' the cost to Borrower of the Mortgage lnsurauce previously in effect, from an alternate mortgage insurer selected'by Lender. 1[ substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were clue when the insurance coverage ceased to be in el:leer. Leoder will accept, use and retain these l)ayments as a non-rel5mdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-re~mdable, notwithstanding ll~e fact that the Loan is ultimately paid in fiull, and Lender shall not be required to pay Borrower aoy interest or earnings on sucll loss reserve. Lender eau no longer require loss reserve payments if Mortgage Insurance coverage (m the amotmt and for tim period that Lender r'equires) provided by an insurer selected by hender again becomes availab e, is oblah~ed, and Lender requires separately designated paymeols toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition oi: n'ulking the hoan ;n/d Borrower was required lo make sel)araicly designated payments toward the i)remiun~s for Mortgage Insurance, Borrower shall pay II~e premiums required to maintain Mortgage lnstn'ance in e[l:ect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with lucy written agreement between Borrower and Lender providing for such qermiuation or tmtil termination is required by Applicable Law. Nothing in dfis Section 10 affects Bon-ower's obtigaiion Io pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Nole) for certain losses it may incur if Borrower does not repay II/e Loan as agreed. Borrower is not a pai-ty to the Mortgage lnstlrance. Mortgage insurers evaluate lheir total risk on all such insurance in force fi-om time to time, and may enter into agreements with otber parties that sliare or modil~ 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 lhese agreements. ~~ These agreemems may require the mortgage insurer to make payments using any source of ~l!lds that the mortgage insurer may have available (which may include ~nds oblained Ih-om Mortgage Insistence premiun~s) As a result of these agreements, Lent!er, aqy purchaser of II~e Note, aoother insurer, any reinsurer, any or!mr entity, or any a[l'iliate of any of thc I:oregoing, 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 s!mri~g or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides, float m~ affiliate of Leoder lakes a share of the insurer's risk in exchange for a share of the l)remiums paid to the insurer, the arrangement is often termed "captive reinsurance. TM Further: (a) Any such agreemenls will not affect Ihe amounls thai Borrower has agreed lo lmy for Mortgage lnsm'ance, or any other terms of the Loan. Such agreements ~vill not increase the amotml Borrower will owe for Mortgage Insurance, and II~ey will not enlitle Borrower to any tel'trod. (~®-6(WY) m,,j,~ 8 oi Form 3051 1/01 Iooo51 · \ (b) Any such agreements will nol nl'l'ec[ the rights Borrower has - il' any - with respect to the Mortgage insurance under lhe llomeon, ners Proiectiml Act of 1998 or any cd,er law. These rights may include the right lo receive certain disclosm-es, Io request and ohlain cancellalion of the Mortgage Insurance, to have Ibc Mortgage Insurance lerminated automatically, and/or to receive a re[nmi of' any Mortgage ]llSIil'llllCe premimns Ihnl were tmearned at the lime of such cancellatim~ or termination. 11. Assigmnent o1" Miscelhmeous Praceeds; lCorl'eilm-e. All Miscellaneous Proceeds are hereby assigned to and shall be paid [o Lender. If the Propert~ is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair o[ the PropeFty, iF tile restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration periocl, Ecnder shall have the tight to hold such Miscellaneous Proceeds until Lender has had an oppormnily to inspect such Property to ensure the w~rk has been compleled to Lender's satisfaction, provided that such inspection shall be uuderlaken promptly. Lender may pay for the repairs and restoralion in a single disbmsement or in a series o[ progress payments as the work is completed. Unless an agreement is made in writing cn Applicable Law requires imerest to be paid on such Miscellaneous Proceeds, Lender shall nol be required to pay Ilorrowe~ lilly interest or earniugs on such Miscellaneous Proceeds. It' [l~e resloralion or repair is nol ccouomically feasible or ~emler's security would be lessened, tlle Miscellaneous Proceeds shall be applied Io the sums secured by Ibis Security whether or not dlen due, will/ tile excess, il: any, paid Io Borrower. Such Miscellaneous Proceeds shall be applied in the order provided [or in Section 2. In the event o[ a total taking, dcsh'uc~ion, or loss in value oi: tl~e Property, II'm Miscellaucous Proceeds sh~ll be apl)lied i'o the sums seem'ed by this Security Ins~rumenl, whed~er or not dmn due, with tl~e excess, il: any, paid to Borrower. ' In the event of a partial taking, destruction, or loss in value of the Properly iu which Ihe flair market value of the Property immedialely befi~re Ihe partial takiug, destruction, or loss in value is equal to or greater than the amount of the sums secured by tl~is Security lnstrunmnt immediately befBre II~e partial taking, destruction, or loss in value, unless Borrower and Lender olherwise agree in writing,'lhe sums secured by this Security lush-tunent shall be reduced by the mnount ct' lhe Miscellaneous Proceeds multiplied by lira [ollowing h-action: ia) Ihe total amount ol: the sums secured i~nmediately bcffore the partial taking, deslruction, or loss in wflue divided by (b) Ihe [air market value of the Property immediately before Iht partial taking, des 't clio~l, or loss iu valise. Any balauce shall Im paid lo Borrower. In the event of a partial taking, destruction, or loss iu wdue ol: the Property in which Ihe fair market value o[the Property immediately before the partial taking, dcstrttcdon or loss in value is less than Ihe anaonnt~of the sums seem'ed immediately bel:ore lhe parlial taking, des'truclion, or loss in value, tmless BorroW~re ~ ~ , and, . . Lent. , er o mrwise agree i~ writing,, lhe Miscellaneous Proceeds shall be applied to tl~e sums s cqred~by~ th~s Sect r y lnstrtmae'lt whether or not tl~e sunls are theu due. ![~th~ Property is abandoned by Borrower, or it', after notice by kender Io Borrower II, at tile OPposing Party (as del:ined in the hex! senteuce) olYers Io make an award to settle a claim for da nages, Borrower fails to respond [o Eender within 30 clays after lhe date dm no[ice is given, Lender is aulhorized to collect hnd al)ply tlie Miscellaneous Proceeds either m restoration or repair of tl~e Property or to the sums secured by lhis Security Instrt nen[, whedmr or not then due. "Opposing Party" means dm third party thgt owes Borrower Miscellaneous Proceeds or the party agai~ast whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in del:mdt il: may action or proceeding, whether civil or criminal, is begun Ihal, in Lender's judgment, could result in I:orfeitu:e of Ilia Property or other material impairment of Lender's interest in Ihe Property or righls trader {his Security lustrurncul. Borrower can cure such a det'ault and, acceleration has occurred, reinsiate as provided in Seclion 19, by causing tl~e aclion or proceeding lo be dismissed with a ruling that, in Lender's judgment, prech~des I:orl:eiture o1' the Properly or other impairment of Lender's iuterest in Ihe Propelly or rights under II, is Security Insh'unmnt. The proceeds any award or claim for damages Ihat are attributable to the impairment of Lender's interest in Iht Property are hereby assigned and shall be paid to l~enclcr. All Miscelhmeous Proceeds that ara not applied to restoration or repair of {}m Properly shall be applied in Ihe order provided I:or in Section 2. 100051 Paue 9 ,at ~5 /i'.~'-~-~ Form 3051 1/01 583' 492 12. Borrower Not Released; ]?cfi)car:race By Lender Not a Waiver. gxlension of the time for payment or modification of amortization of Ihe sums secured by this Security lnst,-ument 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 lr, lerest of Borrower. Lender shall not be required to commence proceedings against any Successor irt luterest of Borrower or lo refuse Io exlend lime for llaymcnt or otherwise modify amortization of tile sunls secuFed by this Security hlstrument by reason of any demand made by tile original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender i,t exercising any right or remedy including, wi,bout limitation, Lender's acceptance of paymenls fron~ third persons, entities or Successors in Interest of Borrower or itl amd,rills less than the amd,mt then clue. shall ,lot be a waiver of or preclud9 the exe,-~.ise of any ,ight or remedy. 13. Joint and Several Liabilily; Co-signers; Successors and Assigns Bound. Borrower covenants an,d .agrees t!l~gt Borrower's obi,gallons and liability shall be joint and several. However, any Borrower who co-signs tiffs Security Instrument but does ,lot execute tile Note (a "co-signer"): (al is co-signing this Security !fislrpment only to mortgage, grant and couvey the co-signer's interest in tile Property under tile term,s oI' tiffs Security lnstrunmnt; (bi is not personally obligated to pay the sums secured by this Security [nstrunmnt; and (c) agrees that Lender and any oflmr Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrunmnt or the Nole wi{hour the Co~signcr's consent. · 'Subject lo the provisions of Seclion 18, any Successor it] Interest of Borrower who assumes Bop:ewer'5 obligations under this Security Instrumeut iu wilt,uS, and is approved by Lender, shall obtain all of Borrower's rights and benefits nncler Ibis Security lustrunlent. Borrower shall not be released from Borrower's obligations and liability under Ihis Security lnstrunmnt unless Lender agrees to such release in writing. Tile covenants and agreements of this Security Irish-,,men, shall bind (except as provided in Section 20) and benefit tim successors and assigns of Lende,'. 14. Loan Charges. Lender may-cha, ge Borrower fees for services performed in connection with Borrower's default, for the purpose of prelect,uS Lender's interest in the Pi'operty and rights under this Security Insh'umelat, inch~ding, but ,lot limited lo. attorneys' fees. property inspection and valualion fees. In regard to any olher fees. the absence of express authority in this Security Ins,ri.hen, Id cllarge a' specific fee to Borrower shall not be conslrued as a prohibilion on the charging of such fee. Lender may not charge fees that are expressly prohibited by lhis Security Instrument or by Applicable Law. If tim Loan is subject to a law whicli sols maximum loan charges, and Ihal iaw is Finally inicrpreled so that tile interest or other loan charges collected 0,- to be collected in connection with tile Loan exceed tim pe,-mitted limit~/. Illen: (al any such loan charge shall lie reduced by Ihe amount necessary lo reduce tile charge to the pm'mit,cd limit; and (bi any SUUlS already collected from Borrower which exceeded permitted limits will be reflmded to Borrower. Lender may choose to make Ibis rebind by reducing tile principal owed under the Note 0,' by making a direct payment to Borrower. If a refuud reduces principal, the reduction will be treated as a partial prepayment without any prepaymeut charge (whelher or not a prepayment charge is provided For under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any ,ight of aclion Borrower might bare arising otH of such overcharge. 1.5. Notices. All notices given by Borroxver or Lender iu connection with this Security hlstrunmnt must be in writing. Any notice to Borrower in connection ,.villi this Security l,/smlment shall be deemed to have been given lo Borrower wlleu mailed by firsl class mail or when actually delivered to Borrower's notice address ii" Sell[ by olher means. Notice id any one I~orrowcr shall conslimte notice Io all Borrowers tmless Applicable Law expressly requires otherwise. Thc no,icc address shall be tl,e Prol)erty Address unless Borrower has designated a sul)stitule riel,ce address by nolice to Leqder. Bo,-rower shall promptly notify Lender of Bm-tower's change of address. I1' Lender specifics a procedure For reporting Bonowcr's cb~mge of add,-ess, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Sccmity lust,-ur, mm at any one 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 uoless Lender bas designated another address by notice to Borrower. Any notice iu cmmection with this Security l,lstrument shall not be deemed to have been given lO Lender until actually received by Lender. If any notice required by tilts Security Instrument is also required under Applicable Law, the Applicable Law requirement will salisl~y dm corresponding requirement under Ibis Security !ustrume~[.. Form 3051 1/01 493 16, Governing Law; Severability; l~.nles of CollSh'llCliOn. This Security Instrument shall be governed by federal law and ~l~e law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security lnstrulnent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly 0r implicitly allow the parties to agree by contract or it might~be sjlett, but such silence shall not be construed as a prohibition against agreement by contract. In the' event Shat any provision or clause of lifts security lnsmm~ent or tim Note conflicts with Applicable Law, su'cl!'confiict shall not affect other provisions 6f Ibis Security Instrument or ~l~e Note which can be given effect without Ihe conflicting provision.: As used in this Security Instrument: (a) words'of the masculine gender shall'mean and include corresponding ne~ter words or words of the feminine gender; (b) words in the singular shall mean and include'the plural and vice versa; and (c) tim word "may" gives sole discretion withom any obligation take any a6tion. 17. Borrower's Copy. Borrower shall be given one copy of ~l~e Note and of this Security Instrument. !8. Transfer of the Property m' a Beneficial Inlerest in Borrower. As Used in this gection 18, "Interest in the Property" means any legal or beneficial inlercst in the Property, including, bul not limited to, those beneficial imercsls Iraasfcrrcd in a bond I'or deed, contract for deed, inslallmcnt sales COnlract or escrow agreement, Ibe intent of xvbicb is thc translEr of tille by Borrower at a fi~ture date ~o a purchaser. If all or any part of lhe Property or any Interest in the Property is sold or transferred (or if gorrower is not a natural person and a beneficial imm'est in Borrower is sold or transferred) wilhout Lender's prior wril~en consent, Lender may require immediale payment in fidl of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises ibis option, Lender shall give Borrower nolice of acceleration. The notice shall provide a period of not less than 30 days from the date Ibc notice is given in accordance wilh Section 15 within which Borrower must pay all sums secured by this Security Instrument. I1: Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right 1o Reinslate A[ler Acceleralion. If Borrower meets certain cm~ditions, Borrower shall bare the right to have cn[:o~cement of Ibis Security Instrument discootmued a[ any lime prior to the earliest ol:: (a) five days before sale ~f the Property pursuant lo any power of sale comained in tiffs Security lnslrunlent; (b) such oflmr period as Applicable Law might specif~ for Ibc termination of Borrower's right to reinstate; or (c) entry o1: a .judgment enforcing tiffs Security Instrument. Those condilions are flint Borrower: (a) pays l.cndcr all sums which titan would be clue under this Security Instrument and the Note as il: no acceleration had occurred; (b) cures any defaull of m~y olher covenants or agreements; (c) pays all expenses incm-red in enforcing this Security lnstroment, including, but not limited to, reasonable attorneys' fees, property inspcclion and valuation fees, and other fees incurred for purpose of protecting Lender's interest in thc l)ropcrly and ~igbts under this Security Instrument; and (el) takes sucb action as Lender may reasonably require to assure thai Lender's interest in the Property and rigb[s under Ihis Security Instrtm~cnt, and Borrower's obligation lo pay lira sums secured by this Security Inslrument, shall continue unchanged, l.cmlcr may requiretbat Borrower pay such reinslatement sums and expenses in one or more of the following Ibrms, as selec[ed by Lender: (a) cash; (b) money ruder; (c) cerhhed check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an ins[itution whose dep0sils are insured by a federal agency, ins[rumenlality or enliW; or (d) Electronic Ftmds Transfer. Upon reinslalemcnt by Borrower, Ibis Sccurily Instrument and obligations seem-ed hereby shall remain fidly effeclive as if no acceleration had occtmed, llowever, this right to reinslale shall not apply in the case of acceleralion under Section 18. 20. $Mc o1' Note; Chnngc of l.oan Servicer; Nolicc .1' Grievance. Thc Nolo or a partial il/IcrcSl the Note (together with this Security Instrument) can be sold one or more times witlmut prior notice to Borrower. A sale might result in a change in ~l~e emily (known as thc "Loan Servicer") thai collects Periodic Payments due under tim Nole and Ibis Sccm'ity Instrument and pcrl:o~ms olhcr mortgage loan servicing obligations under the Nora, Ibis Security Inslrument, and Applicable Law. There also might be one or mine changes of Ihe Loan Servicer unrelaled m a sale o1: the Nole. If there is a change of Ibe Loan Servicer, Borrower will be given wrilten nolice of the change which will state thc nalne mid address o1: Ihe new Loan Servicer, the address lo which paymenls shotdd he made and any odmr information RESPA WY) 100021 eaoe l~ al 15 ~ Form 3051 1/01 585 requires in connection with a notice of ~ransfer of' servicing. If ~l~e No~e is sold and thereafter the Loan is serviced by a Loan Servicer oilier fi~an lhe purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be lransferred Io a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may corn hence, 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 Security Instrument or lhat alleges that the other party has breached any provision of, or any duty owecl by reason of, this Seaurity Instrnment, tmtil such Borrower or Lender has notified tl~e olher 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 afler the giving of such notice 1o take corrective action. If Applicable Law provides a time period which must elapse [)el:ore certain aclion can be taken, that lime period will be deemed [o be reasonable l:or ptu'poses oI: this i)aragraph. The notice or' acceleration and opportuuity to cure given to Borrower pm'suanl lo Section 22 and Ihe notice of acceleration given Borrower pursuau[ lo Section 18 shall be deemed to satis~ Ihe notice and opporltmity Io take correchve action provisions of this Section 20. 21. Ilazardous Substances. As nsed in this Section 21: (a) "IIazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmenlal Law and the fQllowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic'pesticides and herbicides, volatile solvents, malerials containing asbestos or for n[ hlehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jm-isdiclion where [l~e Property is located that relate to heallh, safety or environmenlal prolection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal aclio~q, as defined i~/ gnvirtmmenlal ~aw' m~d (d) an "E~lvi~:omnenlal Coodition" means a conditim~ Iha[ can cause, contribute lo, or olherwisc trigger all Environmental Cleanup. .. Borrower shall not catlse or permit the presence, use, disposal, slorage, or release of any llazardous · Sobstances, or threalenlo release any l-lazardous Stbstz roes on or in Ihe Property. Borrower shall not do, nor. al!ow, , anyone: . else to do, anything al:l'ccting the Property (a) Ihat is in' violatirm 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 Properly. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quanlilies of l'Iaza~dous Substances that are generally recognized lo be appropriate to normal residential uses and [o maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any invest ga[ion, claim, demand, lawsuit or other action by any governmental or regulatory agency or priw~le party involving ~lie Property and any 1-Iazardous Substance or Environmcnlal Law of which Borrower has actual know edge (b) any Environmental Condition, including but not limited lo, any sp lng leaking, discharge, release or threat release or' any llazardous Substance, and (c) mW condition caused by Ihe l)-esence use or release of Hazardous Substance which adversely alTe~ls tl~e value of Ihe Property. If Borrower learns, or is nolil:ied by any governmental or regulatory aulhorily, or any private party, Iha[ any removal or other remecliation of any Hazardous Substance affecting the Property is necessary, Borrower shall promplly ~akc all necessary relnedial actions iii accordance wilh Enviromncmal Law. No~hing herein shall create any obligalion on Lender for an Environmental Clelmup. (~-6{WY} (ooo51 ea,~o 12 o4 is Fom~ 3051 1/01 NON-UNIFORIVI COVENANTSi Borrowtlr ami Lender furdmr covenant and'agree as follows: 22. Acceleration; Remedies. I~emler shall give notice to Borrower prior to acceleration following Borrower's l)reach of any coven;mt m' agreement in this Security Instrument (bt~t not prior to acceleration under Seclion 18 mdcss Applicable Law provides olherwise). The m~lice shall specify: (a) the default; (b) tl~e aclim~ required 1o cure Iht default; (c) a dale, not less Ihan 30 days from the dnte the notice is given lo Borrower, by which {I;e default musl he cra'ed; and (d) that failure ~o cure the default on or before the date specified in lhe nolice may rcsull in acceleration r)f Ihe sums secured this Secm-ity Inslrmncnl and sale of ihe lh'opcrly. The tmlicc shall furlhcr inform Borrower of Ihe right Io reinslale afler accclm-alim~ and the right to hring a cmn't aclim~ 1o assort lhc mm-existence a dcfaull or nliy olher defense of Borrower 1o accelcralim~ and sale. If Ibc default is not cured on before thc dutc specified in the nolice, l~cmler at its option may require immediale payment in full all stuns seem'ed by lhis Sccm'ily lnslrumcnl wilhonl fnrlhcr demand and mt~y invoke the power of sale and any olhcr remedies pcrmiflcd by Applicahlc l~:m,, l.emler shall he cnlilled 1o collccl all expenses incurred in pursuing lhe remedies provided in this $cclion 22, including, but riel limited reasonable atlorneys' fees and cosls of lille evidence. If Lender inw~kes lhe power of sMe, l~endc,' shall give nolicc of intcnl t~ foreclose to Borrower and to lhe person in possession of the l'r0periy, if different, in accordance with Al~plicable Law. Lender shall give nolice of lhe sale Io Borrower in Ihe mam~er provided in Section 15. Lender shall lmblish th~ m~iice of sale, and Ihe Properly shall I)e sohl in the manner prescribed by Al)plicablc Law. Lender or ils designee may lmrchasc'lhe Properly al any sule. The proceeds of the sale shall be applied in the following order: (a) lo all expenses of ihe sale, including, Iml not limited reasonable attorneys' fees; (b) lo all sums seem'ed by Ihis Secm-ity Instrmncnl; and (c) any excess lhe person or persons legally enlilled 1o il. 23. Release. Upon payment of all sums secured by this Security h'~strument, l_ondar shall release this Secm'ily lnslrumtml. Borrower shall pay m~y recordation costs, l.emler may chlugc Borrower a fee for releasing, this Security Instrument, but only il: the fee is paid to a third party for services rendered and the charging~lf the fee is permitted under Applicable Law. 24.'VVaivers. Borrower releases and waives all rights under ami by virtue of the homestead exemption laws of Wyoming. ~ 6(WY) 1ooo5} P~ua ]3 ol ]5 Form 3051 1/01 BY SIGNING B~LOW, Bom'rower accepts m~d a~raes ~o lh~ ~erms nnd cov~nams contained in ~his Security lnsl[-tlment and in any Rider executed by Borrov,,er and recorded with it. Witnesses: AARON ROBERTS (Seal) MAL I'NDA ROBERTS- (Senl) (Seal) (Scnl) (Seal) - II ( )l'l'¢J WC.I' (Seal) -Borrl~vcr I~6(WY) (ooos} Pa9e ~4 el ~5 Form 3051 1/01 587 STATE OF WYOMING, Tim foregoing instrumeut was acknowledged before me Ihis GOUNTYOF , ~ 8TATE OF LINCOLN ~ WYOMING 23RD DAY 497 LINCOLN C,m,.y ss: OF NOVEMBER,2002 (~J~®-6(Wy). (0005) Forln 3051 1/01 588 ATTACHED EXHIBIT "A" The North one-half (N1/2) of Lot 6 of Block 13 and the South one-half (S 1/2) of Fourth Street between Lot 6 of Block 13 and Lot 6 of Block 14, in the Town of Cokeville, Lincoln County, Wyoming as described on the official plat thereof