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HomeMy WebLinkAbout900826Aftra Recording Return To: 900826 [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in nmltiple ;ections of this document a~e defined below and othm winds are defined in Sections .3, 11, 1.3, 18, 20 and 21. Certain roles regarding the usage of words used in this document ate also provided in Section 16.. (A) "Security Instrument" means this document, which is dated June 22, 2004 , togethe~ with all Riders to this document. anc~ husband (B) "Borrower" is Megan L McCloud and Mac T. McCloudwife _t~mrower~s the mortgagor under this Secmity Instrmnent (C) "Lender" is Vanderb±lt Mortgacje Cnrpnrafi nn of State of Tennessee Maryville, TN 37804 Instrument & Finance lender is a o~ganized and existing under the laws · k.ender'sadd~essiss00 Alcoa Trail Lendm is the mortgagee under this Security (D) "Note" means the promissory note signed by Bonrowe~ and dated June 22, 2004 - The Note states that Borrower owes I_.ende~ s i xt yone t hous a ndone hnn~ythre e Dollars (U.S. $ 61: 15_3. q 1 ) plus interest. Bon'owm has promised to pay this debt in 9 ! ets regular Periodic Payments and to pay the debt in full not latin than ju 1,, 1 · 2024 · (E) "Property" means the property that is described below undm the h~adi~g "Transfer of Rights in the Prol~erty." (F) "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 Securib, Instrument, plus interest.. (G) "Riders" means all Riders to this Security Instrument that are executed by Bonower'. The fbllowing Riders are to be executed by Bm'rower [check box as applicable]: [] Adjustable Ram Ride~ [] Condominiu,n Rider [] Second ltome Ride~ [] Balloon Ridm El Plarmed Unit Development Rider [] Oflm(s)[spedfy] El 1-4 Family Rider' : [] Biweekly Payment Ride~ WYOMING--Single Family-Fannie M.,:/Fs~cddie Mac UNIFORh,1 INSTRUMENT Form 3051 1/01 (page I Of 16 pages) tH) "Applicable Law" means all controlling apPlicable federal, state and local statutes, regulations, ordinances and administTatjve rules and orders (that have the effect of law) as well as all applicable final, non-appealable judiCia! opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower' or the Property by a condominium association, homeowners association or similar' organizatiou. (J) "Electronic Funds T,'ansfer" means any hansfer of fimds, other than a transaction originated by check, draft, or similar paper' instrument, which is initiated through an electronic temfinal, telephonic instrument, 'computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers iniliated by telephone, wire tr'ansfers, and automated clearinghouse transfers. (K) "Escrow Items" means: those items that are described in Sectiou .3. (L) "Miseellaneot,s Proceeds" means any compensation, settlement, awm'd of damages, or proceeds paid by any th.rd party (other than insurance proceeds paid under the coverages described in Section 5) for: ti) damage lo, or' destruction' of; the P~operty; (ii) condemnation or other talcing of all or any part of the Property; (iii) conveyauce in lieu of condemnation; or (iv) misrepresentations ofl or omissious as to, the value and/or condition o:f the Propegy. (IVO "MOrtgage Insui'ance',' means insurance protecting Lender against the nonpaymeut of, or' default on, the Loan. tN) "Periodic Payment" means the regularly scheduled amount due for ti) principal and interest under the Note, plus (ii) any amouuts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U..S~C. §2601 et seq.) and its implementing regulation, Regulation X (2zl CF.R. Part 3500), as they might be amended flora time to time, or any additional ct Successor legislation or regulation that governs the same subject matter. As used iu this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in ~egard to a"federally related mortgage loan" even if tile Loan does not qualify as a "federally related mortgage !can" under I'LESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Sectuity Instrun~ent: TRANSFER OF RIGHTS IN THE. PROPERTY This Security Instrument secmes to Lender: ti) tile repayment of tile Loan, and all r'enewals, extensions and modifications of tile Note; and (ii) tile performance of Borrower's covenants and agreements under this Secm'ity Instrument and the Note. For this purpose, Borrower does hereby mortgage, graut aud convey to Lender and Lender's successors and assigns, with power of sale, the WYOMING--Shlgle Family--IFanme IMac/l'reddle P, lac UNIFOIH¥1 INSFRU~MENI Form :1051 1/01 (pa£e _~ q/'lt~ lmge. O following described property located in the _C.~,, nty [Type of Reco'~'ding Jurisdiction] -l:e2me~l~me-- of Recording Jurisdiction] of See Exhibit "A'~ Also listed as additional security is a ]995 Champion 28 X 66 manufactured home. Serial # 229571213346A&B. S ummi t Cre~ which cunently has tile address of' 4 0 7 Di amnnctvi l.l e [City] Suzy Avenue [Street] , Wyoming .8. 3 '1 1 6 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, apportenanc.as, aha fixtures now orhereafler a prat of the property All replacements and additions shall also be covered by this Security Instmment~ Ali of the foregoing is referred to in this Secufily Instrument as ,:l~e "Property." BORROWER COVENANTS that Bonower is lawfully seised of'tim estate hereby conveyed and has tire right t'o morrgage, grant and convey tile Property and thai the Property is unencumbered, except for encumbranc.'.s of record. Bon'ower wanants and will defend generally the title to the Properly against all claims nnd demands, subject to any encumbrances of'record. THIS SECURITY INSTRUMENT combines unifmm covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a unifom~ security il~strument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, P,'epayment Charges, and Late Charges. Bonowet shall pay when due the p~incipal of, and intmest on~ the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Bmrowm shall also pay funds fo~ Escrow Items purs'Uant to Section 3. Payments due under the Note and this Security Insmunent shall be made in U.S. cm~ency. However, if any check or other instmment~ eceived by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or:all subsequent payments due undm the Note and this Secmity Instrument be made in one m more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bm~k check, treasureFs check or cashim's check, provided any such check is WYOMING--Single Family-Fannie ~laell:reddle Muc IJNII:OR~I INSIRUMEN1 Farm ]OSl I/ill (page 3 ,~161,agt:.O drawn upon an institution, whose deposits are insured by a federal agency, instrumentality, or entity; or' (d) Electronic Funds T, ransfer. Payments are deemed received by I_.ender 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.'tlle payment or' partial payments are insufficient to bring the Loan current. I. ender may accept any payment or' partial payment insufficient to. bring the Loan current, without waiver' of any rights liereunder or pre. judice to its rights to refuse such payment or pmtial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its schedu led due date, then I_.ender need not pay interest on unapplied fimds. Lender may hold such unapplied funds until Borrower makes payment to bring tile Loan current. If Borrower does not do so '~vithin a reasonable period of time, I_ ender shall either apply such funds or retmn them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance unde}"the Note immediately prior to foreclosure. No offset or' claim which Borrower might have nr,w 07' in the future against Lender shall relieve BoTxowe7 flora making payments due under the. Nole and this Security hlstrument or performing tile 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 l_.ende7 Shall be applied in file. following order of priority: (a) interest due under theNote; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be al)plied to each Periodic Payment in the ruder in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce tile principal balance of the Note.. ' If' Lender receivt:s a payment fi-om Borrower fora delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the paymeut may be applied to the delinquent payment a'nd 'he late charge. If'more than one Periodic Payment is outstanding, Lender may aPply any payment received fi'om Borrower to the repayment of the Periodic Payments ill and to the extent that, each payment can be paid in full.. To the extent that any excess exists after' the payment is applied to the full paylnent of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.. Any application of payments, insmance proceeds, 07' Miscellaneous'Proceeds to principal due under the Note shall not extend or pOstpone the due date, or' change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, ~:ntil the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes ahd assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on tile Property, if any; (c) premiums for' any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or ally sums payable by Borrower to [.ender in lieu of the payment 0fMmtgage Insmance premiums in accordance with file provisions of Section 10. These items are called "Escrow Items.' At origination or at any time during the teml of the Loan, Lender may requirethat Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower', and such dues, fees and assessments shall be an Escrow Item.. Borrower WYOMING-Single F:unily--Fnnnle Mn'e/Freddie Mac UNIFOIiM INSIRuMEN I Form 3051 1/01 (page 4 af l6 p,',ge.O shall pro~nptly furnish to l_.ender all notices of amounts to be paid under this Section. Bon'owe~ shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds 'lbr any or all Escrow Items. l_.ender may waive Borrower's obligntion to pay to lendm Funds for' any or' all Escrow Items at any time, Any such wmver may only be in writing. In tile event of such wnivm, Bon'ower shall pay directly, when and where payable, the amounts clue fo~ any Escrow Items fo~ which paymer, t of Funds has been waived by [.ender nnd, if lender requires, shnli furnish to Lender receipts evidencing such payment within such time period as Lender may require. Bor~rower's obligation :o make such pnyments and to provide receil)tS shall Ibc all purposes be deemed to be a coven.mt and agreement contained in ~his Security.hmtrument, as the phrase "covenant and agreement" is used in Section 9 If Borrowe~ is obligated to pay Escrow Items directly, pursuant to n waiver', and Bor~owm fails to pay the amount duefor an Escrow Item, Lender may exercise its rights trader Section 9 and pay such amount and Bon'ower shall then be obligated under Section 9 to repay to I..ender any such amount Lender may revoke tile waiver as to any orall Escrow Ilems at nny tram by a notice given in nccmdance with Section 15 and, upon such revocation, Borrower snail pay to Lender all Funds, and in such amounts, that are then required under this Section 3. l_ender may, at any time, collect and hold Funds in an amount (a) sufficient to permit I_.ender to apply the Funds at thc time specified unde," RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of' cmrent data and reaso'~mble' estimates of expenditures of future Escrow .lmms or otherwise in accordance with Applicable Law. The Funds shal.' be held in an institulion whose deposits are insured by a federal agency, instrumentality, or entit-/(including Lender, if Lender is an institution whose deposits are so insured) or' in any Federal ttome [,oar, Banl¢. Lender shall apply the Funds to pay the Escrow Items no later' than the time specified under RESPA. I_.ender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless I_.ender pays Borrower interest on the Funds and Applicable Law permits I_ender to make such a charge. Unless an agreement is made in writing or' Applicable [,aw ~equiles imerest to be paid on the Funds, Lender shall not be required to pay Borr'owe~ any interest or earnings on the Funds. Bonower and Lender can agree in whting, howevm, that interest shall be paid on the Funds. Lendm shall give to Borrower, without charge, an annual accounting of tile Funds as requi~ed by RESPA. If there is a surFlus of Funds held in escrow, as defined under RESPA, lender shall account to Bon'owm fm the excess funds m accordance with RESPA. if there is a shortage of Funds held in escrow, as defined under I;_ESPA, Lender shall notify Bonowm as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments~ If there is a deficiency of Funds held in escrow, as defined under RESPA, lender shall notify Borrower as ~equired by RESPA, and Borrower shall pay to I_ender the amotmt necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fhll of'all sums secured by this Security Instrument, Lender shall proml)tly retired to Borrower ani! Funds held by Lender. WYOt¥11NG--SinBIc I:amily--I:nnr~ie Mne/l;reddle 5,1uc IdNIFOIIM INSI RtI~,'IEiNI[ F~rm 3051 llOl Omge $ t~J'16 fmgeO 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions atltibutable to the PropmTy which can attain priority over tiffs Security Instrument, leasehold payments or ground r,~nts on the Property, if any, and Cmnmunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Seclion 3. Borrower' shall pr6mptl;y discharge any lien which has priority over this Security Instrument unless Borrower': (a) agrees in writing to the payment of tile obligation secured by the lien m a manner acceptable to Lender, but only so long as Botrowm' is performing such ag~'eemeut; (b) contests the lien in good faiih by, or' defends against enfomement of the lien in, legal proceedings which in Lender's opinion operate to prevent the en for'cemem of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures flora the boldm of the lien an agreement satisfactory to Lender subordinating the lien l'o this Security Instnunent If Lender determines that any part of tile Property is subject to a lien which can attain priority over this Securi .B, Instrument, Lender may give Borrower a notice identit~ing tile lien Within 10 days of the date on which that notice is g~ven Bon'ower shall satisfy the lien o~ take one or mine of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge fora real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insnranee. Borrower shall keep the improvements now existing or hereafter erected on the Property insurefl against loss by fire, hazards included within the tem~ "extended coverage," and any otherdmzards including, but not limited to, earthqualces and floods, fo~ which Lender requires insurance.. Iht s insurance shall be maintained in the amounts (including deductible levels) and for' the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of tile Loan. Tile insurance can-mr providiug the insurance shall be chosen by Borrower subject to Lender's H ght to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender' may requhe Borrowe~ to pay, in connection with this Loan, either: (a) a one-tir:ie charge for flood zone determination, certification and tracking services; or (b) a one-time charge for 0ood zone determination and certification services and subsequent charges each time ~ema~)pings or similar changes occur which reasonably might affect such detemlination or certification. Borrower' shall also be responsible fbr tile payment of any fees in]posed by the Federal Emergency Management Agency in conuection with the review of any flood zone determination resul;ing fi'om all objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular E.,pe or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protectBorrower, Borrower's equity in the Propm-ty, or' the contents of the Properly, against any risk, hazard or liability and might provide greater or lesser coverage than was previously iii effect. Bo~rowe~ ack]~owledges that the cost of the iusurance coverage so obtained might significantly exceed the cost of insurance th. at Borrower' could have obtained. Any amounts disbursed by Lendm under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate flora the date of disbursement and shall be payable, with such interest, upon notice fl"om Lender to Borrower requesting payment. W¥OMING--Siilglc I:amily-I;an.lc fflne/Freddle filac LINIFOIIM llSl$I RtIMEN T Form 3051 1/01 O~,,ge ,5 of lf page.,Q All insurance pt~dicies required by/.ender and renewals of such policies shall be subject to Lender's right to disapprove ~,:uch policies, shall include a standard mortgage'clause, and shall name Lender as mortgagee and/or as an additional loss payee. L. endet shall have the fight to hold the policies and renewal cmtificates. If Lender requires, Bonower shall promptly give to Lender all receipts of paid premiums ant! renewal notices.. If Borrower obtains any form of instuance coverage, not otherwise required by Le~-~der, for damage to, or destruction of, the Properly, such policy shall include 'a standard mortgage clause and shall name Lender as mortgagee anWm as an additional loss payee. In the event of loss, Borrower shall give p~ompt notice to the insmance carder and lender. Lender may make proof of loss it' not made promptly by Bon'ower. Unless Lendm and Borrower otherwise agree in writing, any insurance proceed& whether or not the underlying insurance was required by Lender, shall be applied to restoration or' repair' of the Propmly, if tile restoration o0 ~'epair is economically feasible and Lender's security is not lessened. During st,ch repai! and testoralion period, Lender shall have tile right to hold such insunmce proceeds until [_.curler has had an oppmtunity to insl:'ect such Properly to ensure the work has been' completed to Lender's satisfaction, provided that such inspection shall be under'taken promptly. Lender may disburse proceeds for the repai~ s and restoration in a single payment or in n series of pr'ogress payments as lhe · work is completed. Unless an agreement is made in writing or Applicable I_,aw requi~es interest to be paid on such insura)~ce pr.oceeds, Lender shall not be required to.pay Bon'ower any interest or earnings 0n such proceeds. Fees for public adjusters, o~ other third parties, ~etained by Bon'ower shall not be paid out of'the insurance proceeds and shall be the sole obligation of Bon'ower. If the r'estoration or repair' is not.economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether ol not then due, with the exce,,;s, if any, paid to Borrower.. Such insurance proceeds shall be applied in the order provided for' in Sectior, 2 If Borrower ab'andm~s the Property, Lender' may file, negotiate and settle any available insurance claim and related mauers. IfBon'ower does not respond within 30 days to a notice fi'om Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and seltle the claim.. -fhe 30-day period will begin when the notice is given In either event, or if Lender acquires the Properly unde~ Section 22 or otherwise, Borrowel hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amouut not to exceed the amounts unpaid under the Note m' this Security Instrument, and (b) any other of Bon'owe~'s fights (othe~ than the right to any retired of t:nearned premiums paid by Borrowe~) under all insurauce policies covering the ProperB,, insofar as: such rights are applicable to the coverage of the Property. Lender may use 'the insurance proceeds, either to repair or restore the P~oper .ty or to pay amounts unpaid under tile Note or this Security Instrument, whether or' not then due. 6. Occupant:,. Bon'ower shall occupy, establish, and use the Property as Bon~ower's principal residence within 60 days after the execution of'this Security Instrument and shall continue to occupy the Propmty as Bon~ower's principal residence for at least one year after the date of occupancy, unless Lender Ctheiwise agrees in writing, which consent shall not be unreasonably withheld, or' unless extenuating circumstances exist which ale beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Bouowel shall not destToy, damage or. impair the Proper~y, allow the Propmty to deteriorate or commit waste WYOMING-Single Fmnily--l:anale Mac/l;'reddle r~lac I)N1FOI/IVl IIxlSIRUMEN 1' I:orm 1OSI 1/¢11 (page 7 qfl6paga. O on the Property.. Whethei' or not Borrower is residing in the Property, Borrower shall maintain the Propmty in order to pre~,ent the Property fi'om deteriorating or decreasing in value due to its condition. Unless it is dete;rnfined pursuant to Section 5 that repair or restoration is not economically feasible, BorroWer shall promptly repair the Property if damaged to avoid fi, rther deterioration or damage, i:.f insmance or condemnation proceeds are paid in connection with damage to, or the taking of, the:Pmpa~ty, Borrower shall be responsible for repairing or' restoring the Property only ifI_.ende~' has released proceeds fox' such purposes.. Lender may disburse proceeds for the repairs and restoration in ~ single payment or in a series of progress payments as the work is completed If the insurance or' condemnation proceeds are not sufficient to repai~ or' restore the Propm .ty, Borrower is no't relieved of Bon'ower's obligation for' the completion of' such repair or restoration. Lender or' its agent- ma)i make reasonable entries upon and inspections of/he Ptopmty. If it has reasonable cause, l_.er, der may inspect the interior of the improvements on the Property. Lender shall give Borrower' notize at.the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan aPplication process, Borrower' or any persons or entities acting at the direction of Borrowm or with Bonower's knowledge or consent gave materially hlse, misleading, or inaccurate information o~ statements to Lender (or' hiled to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Inst,'ument. If' (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's intmest in the Property and/or rights trader this Security Instrument (such as a proceeding in bankruptcy, probate, fo~ condemnation or forfeiture, for enforcement of a lien which may attain priority over this Secm'ity Instrument or to enfome laws or" regulations), or (c) Bon'ower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, inclt, ding protecting and/or assessing the value of the Property, and securing and/or repairing the Propmty. Lendm's actions can include, but are not limited to: (a) p~.ying~any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable atlomeys' fees to protect its interest in the Property and/or rights ur.der this Security Instrument, including its secmed position in a bankruptcy proceeding. Securing the PrOperty includes, but is not limited to, entering the Propmty to make repairs, change.locks, replace or board up doois and windows, drain water dom pipes, eliminate building o~ other code violations or dangerous conditions, and have utilities turned on or' off~ Although L.endm' may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender inctns no liability fo~ not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by thi~ Security Instrument.. Ihese amounts shall bear interest at the Note rate fi'om the date ofdisbursemenL, and shall be payable, with such interest, upon notice dom L. endm to Borrower' requesting payment. W¥OI~IING--S g e Fa 1 jly-Fa m u }~,'lae/Freddle Mae UNIFOI},IVl INSTRUMF. NT I;orm 3{Ifil I/(}10mge ~l afl~page~O If this Security fi:str'ument is on a leasehold, Borrower shall comply with all tile provisions of the lease. If' Borrower' acquires fee title to the Property, the leasehold and the tee title shall not merge unless Lender agrees to fire merger in writing. 10. Mortgage Insurance. lfLender required Mortgage Insurance as a condition of malting the [.oan, Borrowe~ sha!l pay~the premiums required to maiatain the Mortgage Insurance in effect. Ill for any reason, the Mortgage Insurance coverage requi~ed by Lender ceases to be available fi'om the mortgage insurer that previously provided such iusmance and Borrower was required to make separately designat'ed payments towmd the pr'emiums for Mortgage InsuYance, Borrower shall pay the premiums required to obtain covmage substantially equivalent to the Mortgage Insurance previously in effect, ata co~t substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, flora an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to I_ender the amount of'the separately designated payments that were due when the insurance coverage ceased to be in efli:ct. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Moxtgage Insurance. Such loss reserve shall be non-refmldable, notwithstanding the facZ that the Loan is ultimately paid in full, and Lender shall not be required to pay Boxrower any intmest or' earnings on such loss resmYe. Leude~ can no longm require loss reserve payments if' M°rtgage Insurance covexage .(in the amount and foi' the period that Lendm requires) provided by an insurer selected by' Lender again becomes available, is obtained, and I_ender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrbwer was ~ equired to make separately designated payments toward the premiums lot' Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- refundable loss reserve, until Lender's requirement for Mm'tgage Insurance ends iu accmdance with any written agreement between Bon'ower and Leuder p~oviding fo~ such termination or until tem~ination is required bY Applicable Law. Nothing in this Section 1 0 affects Borrowe! 's obligation to pay interest at the rate pro¥ided in the Note. Mortgage Insmance reimburses Lender (o~ any entity that purchases the Note) for certain losses it may incur if Boxmwer' does not repay the [.oan as agreed Borrower is not a patty to the Mortgage Insurance. Mortgage insurers ew'tluate their total risk on all such insurance in force flora time to time, and may enter into agreements with othm parties that share or modify thei~ risk, o~ ~educe losses These agreements are on ter'ms and conditions that are satisfactory to the mortgage insurer and the other party (or' pmties) ~o these agreements. These agreements may require tile mortgage insurer to make payments using a:ly source of funds that the mortgage insuxel may have available (which may include f'dnds obtained fi'om Mortgage Insurance premiums)_ As a result of' these agreemems, Lender, any pm:chaser of the Note, another insm'er, any reinsurer, any other entity, m' any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that dmive from (or might be characterized as) a portion of Borrower's payments for Mortgage Instirance, in exchange for sharing or' modifying the mortgage insurer's risk, or' reducing losses. If such agreement prowdes that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the m~angement Is often termed "captive ieinsu~'ance.' Further: W¥O~'llt~C--Single i:mnily--Fnnnle B'h~ell;reddle Mac UNIFORM lblqlllUM ENI I:urm .3051 IlOl (Imge 9 q/'16 pogc'.O (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreemeots will not increase thc amount Borrower Will owe for Mortgage Insurance, and they will not entitle Borrower to auy refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insuraiace under the Homeowners Protection Act of t998 or any other law. These rights may inch~de the right to receive certain disclosures, to request ami obtain caucellation of the Mortgage lusurance, to have the Mortgage Insurauce terminated automatically, and/or to receive a refuud of any Mortgage lnsm'ance premiums that were unearned at thc time o£such cancellatiou or termination. 11. Assignment 0fMiscellaneous P,'oceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is .dam,~ged, such Miscellaneous Proceeds shall be applied to restoration or' repair of the Property, if,the restoration or repair is economically feasible and Lender's secmity is not lessened. During such repair and restoration period, Lendei shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to enstue the work has been completer to Lender's satisfaction, provided that such inspection shall be nnde~taken promptly Lender may pay for' the repairs and restoration in a single disbursement or'in a series of' progress payments as the work. is completed. Ui~less an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Pt'oceeds, Lender shall not be ~equired to pay Borrower any interest or :ami ~gs on sneh Miscellaneous Proceeds. If the restoration ot repair' is not economically feasible or' Lender's security would be lessened, the Miscellane6us Proceeds shall be applied tothe sums secured b5 this Security Instrument, whether or uot then due, with the excess, if any, paid to Borx'ower. Such Miscellaneous Proceeds shall be apl)lied in the order provided for in Section 2, In the event of a total taking, destruction, or loss in value of the Propmty, the Miscellaneous Proceeds shall be applied to the sums secmed by this Secmity Instrument, whefl~er or not then due, with the excess, if any, ICaid to Borrower. In the event ora pmfial taking, destructiou, or loss in value of the Property in which the fair market value of the Pmpml5, inm~ediately before the partial talcing, destruction, or loss in value is equal to or greater than '.he amount of the sums secured by this Security Instmmeut immediately befme the partial taking~ destruction, or loss in value, unless Bonower and Lender othexwise agree in ,miring, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fiaction: (a) the total mnount of' the sums secured immediately before the partial taking, destruction, o~~ loss in value divided by (b)'the fair madcet value of the Property i~nmediately before the partial talcing, destruction, or loss in value. Any balance shall be paid to Bonower. In the event of a pmtial taking, destruction, or loss in value of the Property in which the fair market value of the Propmty ~mnediately before the pmtial faking, destruction, Ol loss in value is less than the amouut of the sums secmed immediately before the partial taking, dest~uction~ or loss in value, unless Borrower and I_.ender otherwise agree iu writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Prope~ .ty is' abandoned by Bon'owe~, or if, after notice by Lender to Borrower that the Opposing Patty (as define&in the next sentence) offms to make an awmd tO settle a claim for WYOIMING--Slngle ~mnily--I:nnnle Mae/Freddie Mac UNIICORiM INSI ItUIMENr I~orm 3051 1101 O.,age I0 o,['1~ damages, Borrower fail~ to r~spond to Lender within 30 days after tile date tile notice is given, Lender is authorized to colleclt and apply the Miscellaneous P~oceeds either to restoration or repair of file Property or' to the sums secured by this Security 'lnsflument, whether ot not then due. "Opposing Party" means the third party that owes Bolrowe[ Miscellaneous Proceeds or' the party against whom Bon-ower has a fight of action in regmd to Miscellaneous Proceeds. Bolmwer shall be in default if any action or pioceeding, whether civil or criminal, is begun that, in I_.ender's judgment, could result in forfeiture of the Property or other material in~pairment of Lender's interest in the Propesty 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 dismissed x~,ith a ruling that, iu Lender's .judgnnent, precludes forfeiture of the Property or other material impairment of' Lender's interest in the Property or rights undm this Secnrity lnstrun~ent The proceeds of any award, or claim for damages that are attributable to the impairment of Lender's interest in the Proper .ty are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are riot applied to restoration or repair of the Properly shall. be applied in the order piovicied for iu Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension oflhe time for' payment or mo :lification of amortization of the sums secuied by this Security Instrument granted by Lender to BOriower o~ any Successor in Intmest of Borrower shall not opmate to release the liability of Bom)win or' al:ty Successors in lnterest of Borrower. Lendm shall not be required to commence proceedings hgainst any Successor in Intm est of Boirower or to refuse to extend time for payment or otherwise mgdify amortization of the slims secured by this Security hlstmment by reason of any demand made b?¢ the original Boixower or any Successors in Interest of Botxower. Ally forbemance by I_.ende~ in exercising any right or remedy including, without limitation, £ender's acceptance of payment:i fi'om third persons, entities, or' Successors in Interest of Borrower or m amounts less than file amount then due, shall not be a waiver of or preclude tile exercise of any Iight m' remedy. 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and sevin'al. Howevei, any Borrower who Co-signs this Security Instrument but does not execute the Note (a "co-sigqler"): (a) is co-signing this Secufitylnstmment only to mortgage, 15qant and convey the co-sigaml"S interest in fl~e Properly under the tm]ns of this Security Inshument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Leuder and any othm Bmmwer can agree to extend, modif.?, forbear or make any accommodations with regard to the terms of' this Security Instrument or' the Note without the co-signer's consent. .Subject to the Provisions of Section ! 8, any Successm ill Interest of'Borrowe! who assumes Borrower's obligations unde:' this Security Instrument in writing, and is approved by Lender, shall obtain all of Borxower',;; rights and benefits undel fills Secmity Instrument. Borrower shall not be released fi'om Bo~rowe'r's obligations and liability uuder'this Security Instmmeut unless Lendm agrees to such release iu writiug. -[he covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan charges. Lender may charge Borrower fees for' services per fo~med in connection with Bon'ower's default, for' the purpose of protecting l_.ender's interest in the Propeity and rights under lhis Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard t6 any other fees, the absence of express authority in this Secuiity W¥()htlNC--Shtgle Family-~Fzmnle I~lae/l:reddle Mne UNIFORM INSIRtlMEN'I Form .1051 ll(ll Omga II aJ'161mge,~) htstrument to charge a specific fee to Bo~x'ower shall not be construed as a prohibition on tile charging of' such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets max~nmn] loan charges, and that law is finally interpreted so that tile inl'~rest or other loan charges collected or to be collected in connection with the Loan exceed the lCermitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to tile pemfitted limit; and (b) any sums already collected fl'orn Bonower which exceeded permitted limits will be ~efunded to Bmmwm Lender may choose to make this refund by redu;~ing 3he principal owed undm the Note or by making a direct payment to Borrower. If a refund r'~duces principal, the reduction will be treated as a pmtial prepayment without any prepayment charge (whether or not a prepayment charge is provided for untle~ tile Note)_ Bonower's acceptance of any such refund made by direct payment to Borrowm will constitute a waiver of an,, figl~t of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender m connection with this Security Instrument must be in writing Any notice to Bmrower in connection with this Security Instrument shall be deemed to have i>een given to Borrower' when mailed by fi~st class mail or when actually delivered to Borrower's notice address if sent by other means Notice to any one Bmrowm shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bon'ower shall promptly notify Lender of Borrowm's change of'address If' Lender specifies a procedure fox reporting Borrower's change of address, then Bon'ower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to [.ender shall be given by delivering it o~ by mailing it by first class mail to L.ende~'s address stated herein unless Lender has designated another address by notice to Borrower. Any notice in corrnection with this Security Instmnrent shall not be d'.gemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also requir'ed under Applicable Law, the Applicable I_aw ~equirement will satisfy the con'esponding requirement under this Security Inst[ument, 16. Governing Law; Severability; Roles of Construction. This Security Instrument shall be governed by federal !'aw and the law of the jurisdiction in which the Propmty is located. All rights and obligations con.rained in this Security Instrument are subject to any requirements and limitations of Applicable [.,aw. Applicable I_aw 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, l.n theevent that any provision or clause of'this Security Insnument m' the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singulm' shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument. WYOi~IING--S[ngle Family-~Fannle .5'laelFr~ddle I~lnc UNIFORI¥1 INS'I'RUhlENI F~rm 3051 I/~ll ~lmga 12 afl6 imge.O 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest iii the Proper .ty, including, but not limited to, those beneficial interests transferred in a bond for' deed, contract fbr deed, installment sales contract or escrow agqeement, the intent of which is the ttansfer of'title by Bon'ower at a futm'e date to a purchaser. It7 all or any par; of the Property or any Interest in the Property is sold or transf'erred (or if Bor;ower is not a namrr I person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by [..ender if'such exercise is prohibited by Applic.xble Law. If' Lender exercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a period ~of'not less than 30 days from the date the notice is given in accordance with Section 15 within Which Borrower' must pay all sums secured by this Security Instiument. If Borr'ower fails tO pay lhese sums prior to the expit'ation of this period, render may invoke any remedies permitted by this Security Instrument without tUr'ther notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower' shall have the right to have enlbrcement of this Security Insn'ument discontinued at any time prior to the earliest of: (a) :five days before sale of the Propm~y pursuant to any power' of sale contained in this Security Instrument; (b) such other peiiod as Applicable 1_ aw might speci .fy for the termination of Borrower's right to reinstate; o~ (c) entty of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occuned; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Insltument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incm~-ed for the purpose of protecting Lender"s interest in the Property and fights under this Security Insttument; and (d) takes such action as Lendm may reasonably require to assure that Lender's interest in the Propeity and rights under~ this Security Instrument, and Bo~lower's obligation to pay the sums secured by this Security Instrument, shall continue unchauged Lender may ~equire that Bon'ower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money older'; (c) certified check, bank check, trea'surer'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) Electromc Funds Transfer. Upon 'einstatement by Borrower, this Security Instrument and obligations secmed hereby shall remain fi~l'~y effective as if no acceleration had oc'cmred. However, this light to reinstate shall not apply in the case of'acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together wifl~ this Security Instrument) cau be sold one or more times without prior notice to Borrower.. 'A sale might result in a change in the entity (known as the "Loan Ser¥iceW) that collects Periodic Payments due under the 'Note and this Security Instrument and performs other mortgage loan servicing obligations tinder the Note, this Security !nstmment, and Applicable Law. There also might be one or more changes of the L.oan S/.~¥icer unrelated to a sale of tim Note. If there is a.change of' the Loan Servicer', Borrower' will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of' , WYOIVlING--SlngIe I:amily--Fannle 5lne/'~:rcddle Mac IJNIIrOIIM INS'TRUMENI Form 21051 l/Ill tpage IJ t~lt~lmge.O ~'ansfer of serx, icing. If the Note is sold and thmeafler the ]L.oan is serviced by a Loan Servicer other than the purchaser of the Note, the mo~gage loan servicing obligations to Borrower' will remain with the Loan Servicer or be u'ansfer'ted to a successo~ Loan Servlce~ and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neithe~ Bo~rowm nor,I_ende~' may commence, loin, or be joined to ally .judicial action (as either an individual litigant or' the member of a class) that arises flora the other party's actions pursuant to tiffs Security Instrument or that alleges that lhe othe~ parly has breached ally provision of, or any duty owed by reason of', this Security hlstrument, until such Borrower or Lendel has notified the other party (with such notice given in compliance xvith the requirements of Sectiou 15) of such alleged breach arid afforded the other party hereto a reasonable period aflel' the giving of such notice to take corrective action. If'Applicable Law provides a time period which must elapse before ce;¢ain action can oe taken, that time period will be dee reed to be reasonable for purposes of this paragraph. The notifie of' acceleration and opportunity to cm-e given to Borrowm pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy tile notice and opporlunity to take conective action provisions of this Section 20. 21. ltazardous S.xbstances. As used ill this Section 21: (a) "Hazardous Substances" are those substances defined as toxic o~ hazardous substances, pollutants, or wastes by Environmental [aw and the following subslances: gasoline, kerosene, othm flammable orloxic petroleum pr'oducts, toxic pesticides and heibicides, volatile solvents', mate!ials containing asbestos ot formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Las4 and (d) an "l~.nvironmental Condition" means a condition that can cause, contribute to, or' othetwise trigger an Environmental Cleanup. .Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, c',r threaten to release any Hazardous Substances, on or' ill the Property. Borrower shall not do, nor al',ow anyone.else to do, anytliing affecting tile Property (a) that is ill violation of any Environlaent;al Law, Co) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of'a Hazardous Substance, c~eates a condition that adversely affects the value of the Pr0pe~ty.. The preceding two sentences shall not apply to the p~esence, use, or' storage on tile Property of'small quantities 6fHazardous Substances that are generally recognized to be appropriate to nora:al residential uses and to maintenance of the Property (including, but not limited to, hazardous subslances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency o~ private party involving the Property and any Hazardous Substance Or Environmental [_.aw of' which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazmdous Substance, and (c) ally condition caused by the presence, use or release Of a Hazardous Substance which adversely affects tile value of the ProperBj., If' Borrowm' learns~ or is notified by any governmental or regulatory authority, or ally private pmB', that ally removal or' other remediation of any Hazardous Substance affectiqg the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental La,w.. 'Noflling herein shall create any obligation on l_.ender for an Environmental Cleanup. . WYOl',llNG--Single I'mnily--Fnmde I','lae/l;r':ddle ~,'lae UNIFOR~I INSIrI~.Ub'IENI l:orm :11151 II01 Omg¢ 14 ql'l~ lml4oO NON-UNIFORM COVENANTS.. Bor~'ower and Lender further covenant and agTee as follows: : 22. Acceleration; Rmnedies. Lender shall give notice to Borrower prior to acceleration following Borrower's brea:h of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Tbe notice shall specify: (a) the default; (b) the action required to cure the default; (c) :~ d:~te, not less than 30 days from the date the notice is given to Borrower, by which tile default must be cured; and (d) that failure to cure the default on or before the date specified in tile notice may result in acceleration c.f the sums secured by this Security lnstru meat and sale of the Property. The notice shall furtber inform Borrower of the right to reinstate after acceleration and the right to b,'ing a court action to assert the non-existence of a detanlt orany other defense of Borrower to acceleration and sale. If the default is not cured on or before tile date specilied in the notice, Lende,' at ils option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, in.eluding, but not limited to, reasonable attorneys' I'ees and costs o1' title evidence. If Lender invokes tl~e power of sale, Lender shall give notice of intent to foreclose to Borrower and to the I~erson i,~ possession 'of the Property, il different, in accordance with Applicable Law. Len,ier shall give notice ol tbe sale to Borrower in tbe manner p,'ovided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed b~ Applicable Law. Lender o,' its designee may purcbase the Property at any sale. The proceeds of tile sale shall be applied in the following order: (a) to all expenses of the sale, including, bu~ not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and l.c) any excess to tbe person or persons legally entitled lo it. 23. Release. Upon payment of all sums secmed by this Security Instrument, l_ender shall release this Security h~strument. Borrower shall pay any recordation costs, render may charge Borrowm a fee for rele:~sing this Security Insu~ument, but only if the fee is paid to a third party for se~¥ices rendered and the charging of the fee is permitted under Applicable Law 24. Waivers. E;o~'o,vm releases and waives all fighls unde~ and by viltue oflhe homestead exemption laws of Wyoming. W¥OM INC,--glng. le Fmnily--I; rmnle l~lndFreddle Mae UNIFORM iPISIRI)iXlEN I I:~rm 31151 1/01 (Imge 15 oJ'16pag~.O BY SIGNiNG BELOW, Borrower accepts and agrees to the trams and covenants contained in this Security Instrument and in any Rider executed by Borrows and recorded with it. Wimesses: -~Bo~r'ower Borrower [Space Below This Line For Acknowledgment] STATE OF WYOMING COUNTY OF LINCOLN The foregoing ins[rucment was acknowledgded ~ore me by Megan L. McCloud and Mac T. McCloud this 22nd day of Jun.,el, t]t004. /... ~ ~ - l y bXie My Commission Expire.s: February 2, 2006 I  ~, NOTAI;rf ~ I W¥()MING--Single f nmily-Fannle [~.lne/Freddle Mac UNIFORI~I INSIRUMENI 0:900S2;6, EXHIBIT "A" Lots 6 and 7 of Block 16 of Tow'n of Diamondville, Lincoln County, Wyoming as described on the official plat thereof. LESS AND EXCEPT the land contained in Warranty Deed recorded March 31, 1983 in Book 199PR on page 568 of the records of the Lincoln County Clerk.