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HomeMy WebLinkAbout888246Return To: }'IOMECOMINGS FINANCIAL NETWORK, tNC ONE MERIDIAN CROSSING. STE 1(~ MINNEAPOLIS, MN ~5423 Loan ~umber: 041-5927~g)-7 8:8 8 o h" Prepared By: HomeComings Financial Network 14850 Quorum Drive, Suite 500 Dallas, TX 75254 --qSlmce Above This Line For Rtxording Data] MORTGAGE MI:N 10006:2604159276072 DEFiNi~iON~ : words u~edin multiple ::' sections of this document are defined below mid other Words are defined in Sections 3,:11, 13, 118, 20 and 21. Certain rules regarding the usage of words used in this d~ument ~e also provided in Section 1:6, , (A) "S~urity Instrument" means this document, which is dated ~CH 6TH, 2003 toge~er with all Riders to t:his document. ' ~) "Borrower" is ELYSE S. STE~I, ~ ~RIED :WO~ 54, Borrower is the mortgagor under'this SecUrity Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. ME:RS 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 ,'md existing under the laws of Delaware. and has an address :md telephone nutnber of P.O. Box 2026, Flint, M1 48501-2026, tel. (888) 679-MERS. WYOMING-Single Family-Fannie MaelFr~ddle Ma(: UNIFORM iNSTRUMENT WITH MERS MFWY7770 (l 1/00) / 041-592760~7 .~.;:::¢:~,:% Form 3051 1/01 (D)" 'c~" Le~m ~ is HOMECOMI~TGS FINA/qCIAL i'~ETWOP. K IIS~C Lender is a CORPORATION organized and existing under the laws of DELAWARE Lender's address is 148B0 QUORUM DRIVE, SUITE 500 DALLAS, TX 75254 (E) "Note" means the promissory note signed by Borrower and dated I~CH 6TH, 2003 ~e Note states that Borrower owes:Lender ONE ~RED NINETY THRE~ THOUS~ TWENTY FIVE ~ NO/lO0 Dollars (U,S. $ ~ ~ 93 ~ o25.00 ) plus interest. Bo~ower has pronfised to pay this debt in regular Periodic Payments and to pay the debt in fifll not later th~ ~PRIL 1ST, 2033 (F) "l'5'ope~y" 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. 0t) "Riders" means all Rkters to tl~is S~urity Instrument that are cxecmed by Borrower. ~e tbllowing Riders are to be executed by Bo~ower [chec:k box as applicable]: [-~ Adjustable Rate Rider [-~ Condominium Rider t' "] Second Home Rider [] Balloon Rider [---] Pl,'mned Unit Development Rider I '] 1-4 Family Rider :~ VA Rider ~ Biweekly Paymem Rider [-~ Other(s) [specify] (I) "Applical)le Law" means all controlling applicable K'dcral, state m~d local statutes, regulations, ordin,'mces and adnfinistrative rules and orders (that have the effect of law) as well as all applicable final, non-appeflable judicial opinions, {J) "Conmmnity Association Du~, F~, and:Ass~sments" metals ~1 dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condonfinium association, homeowners association or similar orgmfi~atiom (K) "El~tronic Funds Transfer" memos ~y translbr of funds, other than a transaction originated by check, drafl, or sinfilar paper instrument, which is initiated through ~ 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, trm~slbrs initiated by telephone, wire transfers, :md automated clearinghouse transfers. (L) "Escrow Items" means fl~ose items tha:t are described in Section 3. (M) "Miscelhm~ms l~oc~ds" means any compensation, settlenmnt, award of damages, or proceeds paid by ~my third party (other than insur~ce proceeds paid under the coverages described in Section 5) tbr: (i) dmnage to, or destruction of, the Property; (ii) condetnnation or other taking of all or rely pm of the Property; (iii) conveya:nce in lieu of condemnati6n; or (iv) misrepresentations of, or omissions as to, the v:alue and/or condition of the Property. (N) "Mortgage Insuntnce" means insur~ce protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount duc for (i) principal and interest under the Note, plus (ii) m~y amounts under Section 3 of this Securilv Instrument.: (P) "RESPA" means the Real Estate Setdement Procedures Act (12 u:~S.~. Section 2601 cJ seq,) and its implemmiting regulation, Regulation X (24 C.F.R. Part 35(~), as they might be mnended from time to ii,ne, or any additionfl or successor legislation or regulation that gove~s the stone sut~ject matter. As used in this Security Instrument, :"RESPA" refers to all requirements and restrictions that are imposed in reg~d to a "l~derally related mortgage: 1o~" even if the ~an does not quali(y as a' f~'erally related mortgage loan" under RESPA. MFWY7770 (:1 II00) i 041-592760-7 ~6A(WY) (0~51.0t Va~e 2.~ ~s Form 3051 1/01 4 0:6 (iQ) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's ohligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (il) the repayment of the Loan, and all r~newais, extensions and modifications of the Note; and (ii) the pertbrmance of Borrower's covenams 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 keuder and Lender's successors and. assigns)~:and to the successors ,'md assigns of MERS, with power of sale, the lbllowing described property located in; the COUNTY of LINCOLN : Tl*y'pe of Rec~,rding Jurisdiction] {Name of Recording lurisdicti0nl LOT !1 OF RIVER RANCHES :FISHING A~ID EQUISTRIAN ESTATES AT FREEDOM, WYOMING,· ACCORDING TO THAT PLAT ·FILED NOVEMBER 16j 1994 IN THE OFFICE OF COUNTY CLERK, L~COLN COUNTY, WYOMING AS INSTRUNENT NO. 793710, PLAT NO. 351~ ParCel ID Number: 351922 t 003 s 200 FREZ~oM (" Pr0perty Add~ess"5: : Which currently has the address of , [Streed [City] , Wyoming 83120 IZip Code] TOGETHER wITHi ait 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 :shal} :also be :colvered:by this Security Instrument All of the foregoing is referred to in this Security :Instrument as the"~r opem,~., ' 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 ~br Lender and [xmder's successors and assigns) has the right: to exercise any or all of:those interests, ineluding~ but not limited:to, the right to foreclose and sell the 'Property; and to take any'action: required'0f Lender including, but not limited to, releasing and canceling this Security [fistrument. :'': ' BORROWER COVENANTs ihat ]Bon-Ower is lawfully seiscxl of the estate hereby conveyed and h~ the right !o i mortgage, 'grant: an~cO~,veY the Property and that the Property is unencumbered, except encumbranceS:of re~ord. B°rro~e:r ~ar~-ants and will defend generally the' title to the ProPerty against all clailns aM d~ahdS, sfibJeci it): ahy encmnbrances of record. : THIS sEcORITYi I'N~TRUb'qENT COmbines unif°rm cOvenants for national use and non-uniform covenants' with Iinfit:ed. variations: .: by ]arisdiction to constitute a uniform Securitg~inStrument covering real property : (~q~':6A(Wgl (oo0m m Page a o{ ~5 Form 3051 1!Ol UNIFORM C O% ENANTS. Borrower and Lender covenant and agree as tbltows: I. Payment of Principal, Interest, Escrow Ir'ems. Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, dte debt evidenced by the Note and any prepayment charges and late charges due under thc Note. Borrower shall also pay fimds tbr Escrow Item's pursuant to Section 3. Payments due under thc Note and this Securit.v Instrument shall be made in U.S. currency~ However, if any check or other instrument received by Lend~'r as payment under the Note or this Security Insmunent is returned to Lender unpaid, Lender may ~equi're that ,'my or all subsequent payments due under tlie Note and this Security Instrument be made in one or more of the lbllowing forms, as selected :by' Lender:. (a) casli; (b) money order; (c) certified check, bank check, treasnrer's check or cashier's check provided any.such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Fnnds 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 insnfficient to bring tim Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in t!~e future, but Lender is not oblieated to apply such payments at the time such payments are accepted, Ii' each Periodic Payment is apptie~ as of its sSheduled due datc, then Lender need not pay interest on unapplied lhnds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current, i1' 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 tim outstanding principal balance under the Note immediately prior to foreclosure. No offset or c'laim which Borrower might have now or in the fl~ture against Lender shall relieve Borrower from making payments dne under the Note and this Security Instrument or perl'orming the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except ,as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the lbtlowing 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 Perk)die 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 tiffs Security Instrmnent, ,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 lale charge due, the payment may he applied to the delinquent payment and the late charge. It' 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 thc extent that any excess exists after the payment is applied to the Ihll 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 lbe Note. Any applicaticm of payments, insurmme 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 Pavments. 3, Funds for Escrow Items. Borrower shall pay m Lender on the day Periodic Pa½ments are due under the Note, until the Note is paid in lull, a s'um (the "Funds") to provide for payment of an~ounts due for: (a) taxes and assessmems and oilier items which cm~ attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) Ieasehold paymems or ground rents on the Pti;perry, if any; (c) premiums' for any and alt insurance required by Lender under Section 5; and (d) Mortgage Insurance premiunks, it- any, or any sums pay:able by Borrower to Lender in lieu of [l~e payment of Mortgage lnsur,'mce premiums in accordance with the provistons of Section 10. 'H~ese itenu are called "Escrow Items." At.origination or at any time during the term of the Loan. la2ndcr may require that Community Association Dues. Fees. and Assessments, it' any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under ttiis Section. Borrower sh}fl pay Lender the Funds for Escrow tte~ns unless Lender waives Borrower s obhgatton to pax the fronds for m~v or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Ftmds for any or all Escrow Iten)s at any' time. An.y such w'aiver may only be irt writing, In the event of such waiver. Borrower shall pay directly, when an~w~herc payable, the amounts (~c[6A{WY} ~ooosicl Paqeaot is Form 3051 1/01 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 m~e such payments and to provide receipts shall for all purposes be deemed be a covenant and agreement coutained in this Security Instrumem; as tim phrase "covenant ~d agreement" is used in Section 9. If Borrower is obligated to: pay Escrow hems directly, pursuant to a waiver, and Bogower thils to pay the amount duc lbr an Escrow Item, Lender may exercise.its rights under Section 9 ~d pay such amount and :Borrower shall then be obligated under Section 9 to repay to ~nder any such zm~ount. Lender may revoke the waiver as to rely 0r all Escrow lteim at any time by a notice given in accordance with S~tion !5 and, upon such revocation, Bo~ower shall pay to Lender all Funds, and in such amounts, that are then required under this Scmtion ~nder may. at any time, collect and hold Funds in an ~ount (a) sufficient to pe~it ~nder lo apply the Funds at the time specified under RESPA, m~d (b) not to exceed the ~ximum ~ount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of cu~ent data and re~onable estimates of expenditures of future Escrow Itt'ms or othenvise in accordance with Applicable Law. ~le 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 miy:::Feder~ Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later fl~an the time specified under RESPA, Lender shall not charge Borrower lbr holding ~d applying the' Funds, ~nuflly mlalyzing the escrow account, or vehfying ~he Escrow Items, unless Lender pays Bogower interest on the Funds and Applicable Law permits Lender to m~e such a charge. Unless ~ agreem~t is nmde in writiug or Applicable Law requires interest to be:paid on the Funds, ~nder shill not be required to pay Bo~ower any interest or earnings on ~e :Funds; Borrower ~d Lender cm~ agree in writing, however, that interest shall be paid on the Funds, '~nder shall give to Bogower, without ch~ge, ~ mlnual accounting of the Funds ~ requirc~ by RESPAi :: If there :is a su~lus of Funds held in escrow, as defined under RESPA, : Lender shall account to Bo~ower :for the excess ~nds i~i accord~cewith RESPA. If there is a shortage of Funds held in escrow, ~ defined under RESPA, Lender: shall :notit~ Borrower ~ required by RESPA, ~d Bo~ower sh~l pay to ~nder the amount necessa~ m m~e up the shortage in accord~ce with RESPA; but in no more th~ 12 monthly payments. If them is a deficiency of Funds held in escrow, ~ defin~ under RESPA, ~ndcr shall noti:~ Bo~ower ms requir~ by RESPA, and Bo~ower shall pay to ~nder ~e amount n~essa~ to make up the deficiency in accordance.with:RESPA; but in no more th~ 12 mon~ly payments. UPon payment in ~11 of all sunm s~ured by this Security Instrument. Lender shall promptly re.nd to Bo~ower ~y Funds held by ~nder. ::4. Charge;: Liens;:Bo~ower shall'pay all tmxes, assessments, charges, fines, ~d impositions attributable to the:PropeaY which can attain Priority over this S~urity Instrument, leasehold payments or ground rents: on: the ProperlY, if any, ~d Community Association Dues, Fees, and Assessments, if ~y. To the extent:that these items are EscroW:Items; 'Borrower shall pay them inthe m~ner provided in S~tion 3. : :Borrower shall pmrnptty discharge any lien which h~ priority over this Security Instrument unless Bo~ower: (a) agrees ill :writing to the payment of the obligation s~ured by the lien in a manner acceptable to Lender, but only so long as Bo~ower is pertb~ng such agr~ment; (b) contests the lien in good faith by, or defends against enfomement of the lien. i:n, legM proceedings which in Lender's option operate to prevent ~e enforcement of the lien while those precedings are: pending, but only until such proceedings are concluded; or: (c) secures l~om the holder of the lien ~ agr~ment satisfactow to ~nder subordinating the lien to this Security Instrument. If ~nder dete~ines that any p~ of the Property is subject to a lien which c~::attain priority over this Security Instrument, Lender may give Bo~ower a notice identi/~ing the Page 5 o~ 15 2,~ ~,, ..ff ~* Form 305;1 1/01 MFWY7770(II/O0) ! 041-59276(b7 ::: 40 tie:~. Within 't0 days of tile date on which that notice is given Borrower shall satisfy tile lien or take one or more of the actions set forth above in this Section 4. Lender nmy require Borrower to pay a one4ime charge l~)r a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereaftcr erected on the Prope~y insured against loss by fire, h~ards included within tbe tenn "extended coverage," and :my other h~ards including, but not limited to, ea~hquakes and floods; tbr which Lender requires insurance. ~q~is insurance shall be maintained in the amounts (including deductible levels) ~md for the perils that Lender requires. What Lender requires pursuant to ~e preceding sentences c:an c!~age during the term of the Loan. ~e insurance rcarrier providing !he insurance shall be chosen by Bo~ower su~iect to ~nder's right to disapprove Borrower's Choice~ which right shall not ~ exercised unreasonably. Lender may require Borrower to pay, in Connection with this Lo~, either: (a) a one-time charge for tlood zone determination, certification and tracking sec'ices; or (.b) a one-time charge for flood zone determination and certification services and subsequent Charges each time remappings or similar ch~ges occur which reasonably might affect such detemfination or ceaification. Borrower shall also be responsible for the payment of anY' fees :imposed by the Federal Emergency M=agement: Agency in conn<tion with the review of any :flood 'zone detem~inatio:n-resultiug {?om an o~iection by ~Bo~ower. If Bogower l~ils to maintain any of the coverages described above, ~nder nmy obtain insurance coverage, at Lender's option and Borrower's expense. ~nder is under n0 obligation to pumhase any particular type or amoum of coverage, ~I~erelbre, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of lhe Property, against any risk, hazard or liability =d might provide greater or lesser coverage than was previously in effect. Bo~ower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower:'could have obtained. Any mnounts disbursed by Mnder under this Section 5 shall become additional 'debt :of Borrower:s<uredbythis: S~urity Instrument.: ~ese amounts sh~l be~ interest at the Note rate from:fl~e date of:disbursement and shall be payable, :wi~ such interest, upon :notice from Lender to Bom~wer requesting payment. All insurance policies required By ~nder m~d renewals of such policies shall be su~j~t to Lender's right to disapprove:such policies; shall include a stm~dard .mongage::clause,: and shall nmne:Lender as moagagee m~d/or:as an::additiona loss payee. ~nder shall have the right to hold: the policies ~d renewal ceaificates, :If Lender requires;Borrower shall promptly give to Lender all r~eipts of paid premiums :and renewal notices. If Bogower obtains any fom~ of insurance coverage, . not o~envise required by Lender, tbr d=iage tO, or destmcfion:'of,.the Property, such policy shall include a standard mortgage clause and shall name Lender as nm~gagee and/or as an additional loss payee; In the event of loss?Bo~ower shall give prompt notice to the insurmme carrier ~d ~nder. Lender may make proof of loss if not made promptly by Bomower. Unless Lender m~d Bom)wer othenvise agree in writing, =y insurance proceeds, whether or not the underly ng insurance w~ required by ~nder, shall be applied to restoration or:repair of the ~Property, if the restoration or repair is <onomically tk~ible and Lender's secnr ty is not lessened:During such repair mid restoration period, Lender shall have the right to hold such insurance proceeds until: ~nder has had an op~Hunity to: inspect: such :Property to ensure the work:has: been completed:to Lender's satisfaction, provided that such inspection shall be unden~en promptly, Lender may disburse proceeds fi)r the repairs and restoration in a single payment or in a series of progress payments ms the work is: completed:: Unless an agreement ismade in writing or:Applicable:Law requires interest to be paid on such insurance proceeds, Lender shill not be required to pay Borrower ~y interest or earnings: on such proceeds, Fees tbr public adjusters, or off,er third panics, retained by Bo~ower shall not be paid out of the insurance pr~eeds and shall be the sole obligation of Borrower. If the restoration or repair: is:not econonfically feasible or ~nder's s~urity, would~¢ l~sened, the insurance proceeds shall be:aPpli:ed:m the sums s~urt4 by this Security Instmment~ whe}h~, or not then due, with MFWY7770 {11/00) i 04t.-59276057: Form 3051 1/01 4 the excess, if an)', paid to Borrower, Such insurance proceeds shall be applied in the order provided for in Section 2 If Borrower abandons thc Property, Lender may file. negotiate and settle any available insurance claim and related matters, If Borrower does not respond widfin 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then ~nder n~ay negotiate and settle the claim. ~e 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or othe~,ise,: Borrower hereby assigns ~o Lender (a) Borrower's rights to ~y insur,mce proceeds in ~ amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any rethnd of unearned premiums paid by BorroweO under all insurance policies covering the Prope~y, insohr as such righis are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay ~0~nts unpaid uuder the Note or this Security Instalment, whether or not then duc. "6. Occupanc3,. Borrower shall occupy, establish, and use the Prope~y as Borrower's priucipal :residence within 6Odays after the execution of this Security lnstm~nent and shall Continue to occupy the Propeffy as Bo~ower's principal ~residence i'or at least one ye~ a~er the date oi' occupancy, unless Lender othe~'ise agrees in writing, which consent shall not be unre~onably withheld, or unless extenuating circu~t~ces exist which are beyond Borrower's control. 7. Preservation, Maintenance ami Protection of the I~o~Ny; Inspections, Bogower shall not destroy, d~age or impair the Prope~y, allow the Property to deteriorate or commit wmste on ~e ~Prope~y, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property t~om deteriorating or decreasing in value due to its condition. Unless it is determined pursum~t to SectiOn 5 that repair or 'restoration is not economically fe~ible, Bogowcr sh~l promptly repair the Prope~y if d~mged to avoid further deterioration or dmage. If insurm~ce or condemnation proceeds am paid in co~ection with dmnage to, or the t~ing of, the Property, Borrower shill be responsible tbr repairing or restoring the Property only if ~nder h~ rele~ed proceeds for such pu~oses. ~nder may disburse proceeds for the repairs ~d restoration m a single payment or in a series of progress paymems as .the work is complet~t. If the insur~ce or condemation proceeds ~e not sufficient to repair or restore the Properw; Borm'wer is not relieved of Borrower's obligation for the completion o1' such repmr or'restoration: ~nder or its agent may make reasonable entries u~n and inspections of the Property. If it has reasonable cause. ~nder m&y inspcmt the interior of the improvements on the Propeny. Lender shill give Borrower notice at the time of or prior to snch an interior inspection spcmifying such re~onable cause. 8. Borrower's Loan Application. Borrower shall be in dehult if, during the ~ application process, Borrower or any persons or entities acting at the dirtmtion of Bogower or with Borrower's knowledge or consem gave nmteri~ly false, ~nisleading, or inaccurate info~ation or statements to ~nder (or failed to provide ~nder with nmterial info~ation) in co~ection with the Lo~, Material representations include, but are not limited to, representations concerning Borrower's occup~cy of the Property as Borrower's principal residence. 9. Proration of Lender's Inter~t in the Pro~rty and Rights Under this S~urity Instrument. If (a) Borrower hils to perfo~ the covenants and agreements contained in this Security Instrument, (b) there is a legal pro~eding that might signific~tly aflkct Lender's interest in the Prope~y and/or rights under this Secnrity instrument (such as a proceeding in bankruptcy, probate, for condemnation or fortkiture, for enlbrcement of a lien which may attain priority over this Security Instrument or to enfome laws or regulations), : or ¢) Borrower has abandoned the Prope~y, ~en Lender may do and pay tbr whatever is re~onable Or aPpropriate to protect Lender's interest in the Prope~y and rights under this S~urity instmmcnt~ including rotectin, p g and/or assessing the value of the Prope~y, ~d securing ~d/or repairing cm~ include, but are not limited to:: (a) Paying at,y, sums secured by a lien the Property. Lender's:actions ~( paying reasonable which has :pti°rjry. Over this Security Instrument; (b) appearing in court;,~) 5~ MFWY7770 (lllt~) / 041-5927(~)-7 It~tials: f'~j: tO00St.0t Pago7 ot ~S ~/ Form 3051 1[01 -411 notncys' .fc~s to prate'ct :its interest in the Property and/or rights under tbis Security Instrument, including ts secured position:in a bankruptcy proce,e~[ine. Securing tiic Property includes, but is not limited to, entering the: PropertY to make repairs, change l[~cks, replace or board Up doors and wind)ws, drain water !!rOm pipes;: :eiitni~!atc building or other Code violations or dangerous conditions; and have Utilities turned on ~.off. Alth?mgh iLeader may take action under this Section 9, Lender does not have to do so and is not under any duty or iobligationm do So.' It is ar, reed that [mndcr recurs no liability fi)r not iaking any or all actions ah:thoriZed Under:this S~ction 9 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured ~y this Security'InSirU/rientl These: amohnts shall bear interest at the Note rate from the date of disbursem~'nt anti shall be i~aYabie, With Sfich interest, upon notice from Lender to Borrower requesting [,'~a)rnlent,. ..::: ::: :::~: . If this::SeCurity Instrutnent is:?n a lyasehold,,Borrower shall comply With all the provisions of the lease, if BorrOwe; ~cquires t~' title t0the Propert3,, the leasehold and the~ fee title shall not merge unless Ixmder agrees to the n~ergef in writing, 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect, if, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make sep~ately designated payments toward the premimns for Mortgage Insurance. Borrower shall pay the premmms 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 efIk, ct, from an alternate mortgage insurer se!e¢ted by Lender, If substantially equivalent Mortgage Insurance coverage is not available, Borrower: shall coiltinue to pay to Lender the aniount of the separately designated payments that were duc When the insurauce coverage ceased m be in effect. Lender will accept, use ,'md retain these payments as a non-refundable loss reserve in lieu of Mortgage htsurance. Such loss reserve shalI be non-refundable, notwithstanding the hct that· thc Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earmngs on such loss rescp,'e, Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for thc period that Lender requires) provided by an insurer selected by Lender :again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the iLoan raid Borrower was required to make separately designated payments toward the:Premiums for Mortgage Insurance, Borrower shall pay the preiniums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement fbr Mortgage Insurance ends in accordance with any written aereement between Borrower and Lender providing for such 'termination or until termination is requircxt by ,~pplicable Law. Nothing in this Sec:itoh 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) tbr certain losses it may incur il' Borrower does not:repay the Loan as agreed. Borrower is not a party to tl~e Mortgage Insurance. : ~:. Mortgage insurers evaluate fl!eir total risk on all such insurance in force from time to time, aud may enter into agreements with other parties that sh,a, re or modify,their risk, or reduce losses. Tl~,ese agreements are on terrors and conditions tliat' are satisfactor3 to thc mortgage insurer and the other part3 (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 ha:Ye available (which may include funds ~btained from Morlgaee Insurance premiums).' As a result of these agreements, Lender, auy purchaser of the Note, another insurer, any reinsurer, any other entity~, or any affiliate of any of the Ii~regoing, may receive (directly or iudirectly) amounts that derive from' (or niight be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange fi)r sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the p remiu ms: paid to the insurer, the arrangcment is often termed "captive reinsurance." Further: (a) Any sucll.agrt~ments will not affect the amounts that Borrow~ has agreed to pay for Mortgage Insurance, Or any other terms of the Loan. Such agreements wifl ~/~? increase the amount 'Borro~ er Will owe for Mor!g;ag, e Insurance, and they will not entitle B°rro~v~:to"~any?~i~ / refund. MFWYT?70 (ll/0(J) t 041-592760-7 (~-6A(WYI to00s)m P*9~ 8 e~ ~5 ,~' Form 3051 1101 (b) Any such agreements will not affect the rights Borrower has - if any - with rt~pect to the Mortgage Insurance under tile HOmeowners Protection Act of 1998 or an;' other law. These rights may include the right to receive certain disclosm'es~ to requ¢.,st and o[)tain cancellation of the Mortgage Insurance~ to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearne~i at the time of such cancellation or termination. !1, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned toand shall be paid to Lender. If the Property is damaged~ such Miscellm~e°ns Proceeds shall be applied to restoration or repair of tile Property, it' the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration:period~ Lender shall hhve the right to hold such Miscellaneous Proceeds until Lender has !md 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 ma).' pay 'lbr the :repairs and restoration in a single disburse~nent 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 paid 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, the iMiscellaneous 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/bt in Section 2~ In the event of a total taking, destruction, :or toss 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 thc excess, if any,: paid to Borrower, In.the event: ora partial taking, destruc.tion:,~ or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the: sums secured by this Security Instrument immediately before the partial taking~ destruction, or:toss in value, unless Borrower and iLender otherwise agree in writing, the sums secure, d: by this. Security.Instrument shall be reduced by thc amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sun'~s secured immediately before the partial t,~ing, destruct:ion, or loss in value divided by (b) the fair market value of the Property immediately before the:partial taking destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the 'fair niarket value of the .Property immediately bclbre the partial taking, destruction, or loss in value is less than the amount of the sums secured inunediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument:whether or not the sums are then due. ff the Property :is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party(as defined in 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 either to restoration or repair of the Property or to the sums secured 'by this Security lastrument, 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 .Misceilaneous Proceeds· : Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgnient, could result in forfeiture of the Property or other material impairment of Lender's interest inthe Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred~ reinstate as provided in Section 19, by causing the action or proceeding to be disnlissed with a ruling, that, in Lender's judgment, precludes forfeiture of the Property or other material impairment :o:f: Lender's interest in the Property or rights under this Security Instrument. 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 shailbe paid to Lender. Miscellaneous.Proceeds that are not applied to restoration or repqir, of the.Property shall be applied in the order :provided for in Section 2 [~/;~ ~-. (~:5~'6ACWYI to005i,0~ parja 9 o~ ~5 ' - ~ '" ~ x Form 3051 1/01 413 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time payment or modification of amortization of the stuns secured by this Security Instrmuent granted by kender 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. kcndcr shall not be required to commence proceedings against any Successor in Interest of Borrower or to refl~se to extend time fi)r payment or otherwise modit~' amortization of the stuns secured by this Security Instrument by reason of m~y demand made by the origimd Bonower or ;my Successors in Interest of Borrower. Any tbrbearance by kender in exercising m~y right or remedy including, without limitation, &nder's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in mnounts tess than the mnount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Several Liability; Co-signe~; Succ~sors and A~igns Bound. Borrower coven~ts m~d agrees that Borrower's obligations ~ld liability shall be joint ~d several. However, m~y Borrower who co-signs this Scmurity Instrument but does not execnte the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant ~d convey the co-signer's interest in the Property under the teton of this Security Instrument; (b) is not personally obligated to pay the sums scmured by this Security Instrument; and (c) agr~s that Lender ~d any other Bo~ower can agree to extend, modify, Ibrbe~ or make any accon~odations with regard to the terms of this S~urity Instrument or the Note without the co-signer's consent. Subject m ~e provisions of Strtion 18, ~y Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by ~nder, shill obtain ~1 of Borrower's rights ~d benefits under this Security Instrument. Bom~wer shall not be released from Borrower's obligations and liability under this Scmurity Instrument unless Lender agrees to such release in writing:, ~e covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors m~d assigns of Lender. 14. Loan Charge. ~nder may charge Borrower fees for sen'ices pertbrmed in connectkm with Borrower's default, lbr the puq,ose of protecting Imnder's interest in the Property ~d rights under this Security Instrument, including, but not linfited to, attorneys' fees, property inspection and valuation In regard to :my other fees, the absence of express authofi(y in this S~urity Instrument to charge a specific t'ce to Bo~ower shMl not be construed as a prohibition on the ch~ging of such l~e. Lender may not charge l~es that are expressly prohibited by this Sc~urily h~stmment or by Applicable Law.: · If the Lom~ is subject to a law which sets maximum lom~ ch~ges, ~d that law is finally interfered so that the interest or other loan charges collected or to be collected in connection with the ~ exceed the permitted linfits, then: (a) any:such loan charge shall be reduced by the ~munt necessary to reduce the charge to ~e permitted limit; m~d (b) any sums already collected from Bo~ower which excecMed pe~itted limits will be refunded :to Borrower. Lender may choose to make this retired by reducing the principal owed under the Note or by m~ing a direci payment to Borrower. If a relhnd reduces principal, the rednction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's accept;race of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out o f such overcharge. 15. Notice, All notices given by Borrower or kender in connection with this Security Instrument mus~ be in. writing: Any notice to Borrower m counecuon with this Security Instrument shall be deemed to have been given to Borrower.when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to ~1 Borrowers unless Applicable Law expressly requires othenvise~ ]q~e notice address shMl be the Property Address unless Borrower h~ designated a substitute nolme address by notice to ~nder. Borrower shall promptly notify ~nder of Borrower's chm~gc of address~ If Lender specifies a procedure lbr repomng Borrower's change of address; then Borrower shall only report a change of address through that specified procedure. qqwre may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shill: be given by delivering it or by mailing it by 'first cl~s mail to Lender's address stated herein ~unless Lender has: designated ~mothcr address by notice to Borrower. Any notice in connection with this Security lnstmmem shall not he deemed to have been given to Lender until actually received bY ~nder. If: any notice required by this Security Instrument is also required under Applicable Law~ ~tl!e Applicable Law requirement wilt safis[y the corresponding requir~ient?nder this S~urity Instrument/: ~ ' MFWY7770 (l:I/0O) i 041-5927(~-7 ~,,~,a~s. ~ ~{~ ~ ~6AIWY) ~o~5~o~ p~ ~o,~f ~5 " Form 3051 1101 4t4 16. Governing Law; Severability; Rult~ of Construction. This Security Instrmnent shall be governed by federal law and the taw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable ;Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that m~y provision or clause of t'his Security Instrument or the Note conflicts with Applicable Law, such conflict shall not afl,ct other provisions of dfis Security Instrument or the Note which can be given effect without the couflicting provision. AS used in this Sc<urjty lnstrunient: (a) words of the masculine aender shall me~ and include corresponding neuter words or words of the lkminine gender; (b) words in the singular shall mean aud include: the plu[al m~d vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note m~d of this Security lnstnunent. 18. Transfer of the !'rOperty or a Beneficial lntert~t in BorroWer. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the:Property, including, but not limited to, those beneficial interests transt~rred in a bond fi)r deed~ contract Ibr deed, installment s~es contract or escrow agreement, the iutent of which is the transtar of title bv Borrower at a ~ture date to a purch~uer. If all or any part of the Property or any Interest in the ~roperty is sold or trm~sferred (or if Bo~ower is not a natural persOn and a beneficial interest i~i Bo~ower is sold or tr~sferred) without Lender's prior Written consent, Lender may require immediate payment in 1~11 of all sums secured by this Security Instmment~ However, :this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower .nOtice of acceleration, The notice shall provide a. ~Period of not less dian30 days from th~ date the notice is given in accord~ce wid~ Section 15 within which BorroWer must pay all sums: secured by this Security Instrument. If Bo~ower fails to pay these sums prior to:the expiration of this period, Lender may invoke any remedies penmtt~ by this Security Instrument without ~aher notice or dem~d on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shill have the right to have entbrcemcnt of this Security Instrument discontinued at any time prior to fl~e earliest of: (a) five days before sale of the Property pursuit to any ~Wer of sfle contained in this Security .Instrument; (b) such other :period as Applicable ~w might specil~ for the tcmfination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. ~ose conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument m~d ~e Note as if no acceleration had Occu~ed; (b) cures ~y default 0f any other covenants or agreements; (c)pays all expenses incu~ed in enforcing ~is S~urity Instrument, including, but not limited to, reasonable attorneys' t~s, property inspection and valuation fees, and other fees incu~ed for the pu~ose of protecting Lender's interest in the Property and rights under this Security Instrument; ~d (d) takes such action ~ ~nder may reasonably require to assure that ~nder's interest in ~e Property ~d rights under this Secnrity Instmment~ and B:orrower's obligation to pay the su~ s~ured by this Security Instrument, shall conti:nue unch~ged. ~nder may require that Bo~ower pay such reinstatement sunu expenses in one or more of the following forms, as selected by Lender: (a) c~h; (b) money order; (c) certified check bank check, :treasurer's check or cashier's cl!eck, provided ~y such check is drawn upon an institution whose deposits ~e insured by a federal agency, instmment~ity or entity: or '(d) Electronic Funds Transfer. Upon reinstatement by Bo~oWer, this Security Instrument ~d obligations s~ured hereby shill re,mu ~lly eft~tive as if no accelerat:ion had occurred. However, ~is right Io reinstate shall not apply in the case of acceleration under Sc~tion 18. 20. Sale of Note; Change of :Loan: Servicer; Notice of Grievance. ~e Note or a partial interest in the Note (t0gether:with ~is Security Instmmem) c~ be sold one or more times without prior notice to BorroWer. A sale: might result in a change :in the entity (known ~s the "i~an Sen'iccrD that colleCts Periodic Payments due under the Note:and this S~urity Instrument ~d pedbrms other mngage loan sen'icing obligations under the Note, this Security Instrument~ ~d Applicable Law. ~ere dso ~ght be one or more ch~ges of the ~an: Servicer unrelated to a sale of the Note. If there is a ch~ge of the Loan Servicer, BorrOwer will be given written notice of the change which will state the name and address of the new L0m!::Se~icer, file address to which payments Should be made and ~y other inli~mmtion RESPA f/~.~ MFWY7770 0 t/~): 041-592760-7 a8~{WY} {0oo51,oi page ~ o~ ~e ~rm 3051 1/01 reqmres itl connection with a notice of transfer of servicing. If the Note is sold mid thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, thc mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assmned by th~:/NOte: PurchaSer unless othenvise provided by the Note purchaser. Neither Borrower ilor Lender may.commence, ioin, or be joined to an;'j'udicial action (as either an individual 'litigant or the' member of a class) that arises from the other party's actions pursuant tO this Security Instnunent Or ttiat, alleges tha! the other party has breached any provisi0n of, or any duty owed by reason of, this ecurtty 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 aflbrdcd the other party hereto a reasonable lx'riod 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 period will be deetned to be reasonable for purposes of this 'paragraPh. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy tile notice and opportunity to take corrective action provisions of this Section 20. 21. tlazardous Substances, As used in this Section 21' (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other llanunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (h) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection: {c) "Environmental Cleanup" 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 trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances. or threaten to release any Hazardous Substances. on or in the Property..Borrower shall not do. nor allow anyone else to do, anything affecting the Proper~y (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 co file presence, usc, or storage on the Property of small quantities of ltazardous Substances that are generally recognized to be appropriate to norm:d residential uses ,'md to maimenance of the Property (including, hut not limited to, h~ardous substances in consumer products). Borrower shall promptly give Lender wriucn notice of (a) any investigation, claim, demand, lawsuit or other action by m~y govermnental or regulatory agency or private party involving the Property and any H~ardous Substance or Environznental Law of wtiich Borrower has actual knowledge, (b) any Environmental Condition, including but not 1/mited to. any spilling~ leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a ttazardous Substance which adversely al]~cts the value of the Property. If Borrower learns, or is notified by any governmental or regulator3, m~thority, or ,an5' prix'ace party, that any removal or other remediation of any H~ardous Sutlstance affecting the Property is necessaD', Borrower shall promptly take all necessary remedial actions in accordance witli Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. MFWY7770 (11/00) / 041-592760-7 6A(WY} ~o005~.O~ Form 3051 1101 ? BY SIGNI,NG.BELOW, Borrowcr accepts and agrees to the lerms and covenants contained in this Secu:r ty Instrument anti in troy Rider executed by Borrower antl recorded w th it. Witnesses: (Seal) (Seal) -Borrower (Seal) orro v,'e r (Seal) (Seal) -Bc;rrower (Seal) -Borrower (Seal) -l]orn, wer (Seal) ~[lOrry)wet MFWY7770 [,! I,/00) 04 D592760-7 (~6A(WY} [ooo~Lo~ Form 3051 1/01 41" NO:N-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: :22. Acceleration; Remedit~. Lender shall give notice tn Borrower prior to acceleration following Borrower's breach or any covemmt or agreement in this Security h]strument (hut not prior to acceleration under Section 18 unltss Applicable Law provides otherwise). The notice shall specie': (a) the default:; (b) the action required to cure the default; (c) a {late, not less than 30 days from the {late the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified iu the notice amy result in acceleration of the sums secured hv this Security Instrmnent and sale of the Property. The notice shall further inform Borrower of th~ right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense o1' Borrower to acceleration and sale. If the default is not cured on or before lhe date specified in the notice, Lender at its optiou may require immediate payment in hill or all sums secured hy this Security Instrument without further demand and may invoke the power of sale and an)' other remedies permitted hy Applicahle Law. Lender shall be'entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable at:torneys~ fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to fl)reclose to Borrower aml to the person in possession 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 115. Lender shall publish the notice of sale, and the 'Property shall be sold in the manner prt~cribed hy Applicable Law. Lender or its designee may purchase'the Property at any sale. The proctxw~L~ of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; O0 to all sums secure4 by this Security Instrument; and (c) any execs to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs, iLender may charge Borrower a fee for releasing dfis Security Instrument, but only if the fee is paid to a third party for ser~qces rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower :releases anti waives all rights under and by virtue of the homestead exemption Iaws o f Wyoming. MFW't?770 (! 1/00) ! 041:592760-7: (~,~6A{WY) ~0oo5).o~ P~,~.. ~3 ot ~s ~i Form 3051 1/01 STATE OF WYOMING, The foregoing instrument was ack:nowledged before me this by ELYSE S. STERN, AN UNMARRIED WOMAN ' .' 4i8 County ss: My Conm~ission Expires: Mt:WY777(1 (1 I fiX}) 041-592760-7 ~fiAIWY} (O00SL01 P~.~ i 5 u[ 15 1t01