Loading...
HomeMy WebLinkAbout904636After recording please return to: GreenPoint Mortgage Funding, Inc. {Company Nam e] [Nam e of Natural Person] 981 Airway Court, Suite E [Street A ddres s] RECEIVED 11/16/2004 at 4:22 PM RECEIVING # 904636 BOOK: 572 PAGE: 730 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Santa Rosa, CA, 95403-2049 {City, State Zip Code] IS pac e A bov e This Line For Rec ordhx, l )tmt] OPEN-END MORTG AGE Secondary Lien (Securing Future Advances) MIN 100013800853954242 Loan Number: 0085395424 Borrower has established a line of credit ("Home Equity Line of Crcdit'j with Lender as evidenced by Borrower's Home Equity Line of Credit Agreement and Promissory Note dated Iht samc date as this Security Instrument, and all renewals, extensions, modifications, replacements and substituti~ms thereof (collectively, the "Agreement"). Lender has agreed to make advances to Borrower under the terms of thc Agreement. Such advances Shall be of a revolving nature and may be made, repaid and remade from time to time Borrower and Lender contemplate a series of advances to be secured by this Security Instrument. The total outstanding principal balance owing at any one time under the Agreement (not including charges and collection costs which may be owing from time to time) shall not exceed Fifty Four Thousand Two Hundred and 00/100ths (U. S. ,~ 54,200.00)plus interest thereon (the "Credit Limit"). That sum is referred to in the Agreement as the Credit Limit. Thc cnnre indebtedness under the Agreement, if not paid earlier, is due and payable on December 1, 2029 or on sud~ httcr date as may be permitted by Lender in writing, or at such earlier date in the event such indebtedness is accelerated in accordance with the terms of the Agreement and/or this Security Instrument. DEFINITIONS Words used in multiple sections of this Security Instrument arc defined below and other words are defined in Sections 3, 1'0, 12, 17, 19, and 20. Certain rules regarding the usage of words used in this Security Instrument are also provided in Section 15. (A) "Security Instrument" means this Open-End Mortgage, which is dated November 10, 2004, together with all Riders to this document. Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, INC.-- Page 1 of 15 68013wy 0810~ www.compliancesourcc.com e 2002, Th= Compliance Source, la:. 0731 (B) "Borrower" is Husband And Wife · Borrower is the mortgagor under this Security Instrument. l"rank P. Lyons and Kathleen F. Lyons, (C) "MERS" is Mortgage Electronic Registration Systems, Inc. NI I.;RS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. N iI,;RS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box2026, Flirt, MI 48501-2026, tel. (888) 679MERS. (D) "Lender" is GreenPoint Mortgage Funding, Inc.. Lender is a Corporation organized and existing under the laws of Iht gl;fie of New York. Lender's address is 100 Wood Hollow Drive, Novato, CA 94945. (E) "Agreement" means the Home Equity Line of Credit Agreement and Promissory Note signed by Borrower and da~cd November 10, 2004. The Agreement states Lender has agreed to make advances to Borrower under the tcr,~s .f thc Agreement, such advances to be of a revolving nature. The total outstanding principal balance owing at any one time under the Agreement (not including charges and collection costs which may be owing from time to time trader the Agreement) not to exceed the Credit Limit of Fifty Four Thousand Two Hundred and 00/100ths Dolt:,'s ([.I.S. $ 54,200.00)plus interest. Borrower has promised to pay the total outstanding balance in Periodic Paymcms and to pay the entire debt in full not later than December 1, 2029. (F) "Property" means the property that is described below umlcr tl~e heading 'q'ransfer of Rights in the Property·" (G) "Account" means the debt evidenced by the Agreement, pitts interest, any other charges due under the Agreement, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument thai arc executed by Borrower· The following Riders are to be executed by Borrower [check box as applicable]: ['-~ Adjustable Rate Rider [~ Balloon Rider D Home Improvement Rider Other(s) [specifyl ~'~ Condominium Rider [~] Planned Unit Development Rider --]Revocable Trust Rkler -']Second Hone Rider --]Biweekly 'Payment Rider (I) "Applicable Law" means all controlling applicable federal, s~atc and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) ;ts well as all applicable final, nomappealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. Wyoming Open-End Mortgage - Secondary Lien MERS Modified --Tim COMPLIANCE SOI/RCE~ INC.-- Page 2 of 15 ~so~wY 0s/o2 www.compliancesource.oom · 2002, T~ Compliance Source, lng. G P M W D 0 0 8 5 3 9 5 4 2 4 I I 7 (K) "Electronic Funds Transfer" means any transfer of funds, ~,hcr than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institmi~m [o debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire tramfers, ard automated clearinghouse transfers. (L) "Escrow Iterm" rreans those items that are described inSeclitm 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverasc~ described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking o[' all t~r auy part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omssions as tt~. tlc value and/or cordition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender ag;unst the nonpayment of, or default on, the Agreement and the Account. (O) "Periodic Payment" means the amount due from Borrower t. 1.cnder each month for (i) principal and/or interest under the Agreement, and all late charges and other ch:trgcs provided herein or authorized by the Agreement, plus (ii) any armunts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act 02 U.S.C § 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as thc3 might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to the escrow account requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Agreement and the Acc(mm do not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Agreement and/t)r tlfis Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (a) the prompt repayment ot' the Account evidenced by the Agreement, and all renewals, extensions and modifications of the Agreement, with interest thereon at the rate provided in the Agreement; (b) the payment of all other sums due under the Agreement, with interest thereon at the rate provided in the Agreement, (i) advanced to protect the security of this Security Instrmncnt, (ii) incurred by Lender in connection with the enforcement of its rights under this Security Instrument and/or thc Agreement, and/or (iii) required to be paid as set forth herein or in the Agreement; and (c) the performance ol' B,,rrower's covenants and agreements under this Security Instrument, the Agreement and any prior mortgage or deed ol' Imst. For this purpose, Borrower does hereby mortgage, grant and convc3 ~{) MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns o~ MERS, with power of sale, the following described real property located in the County of Lincoln: [Type of Rec ording J urisdictioa] [Nam e of Rec ording Jurisdiction] Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, INC.-- Page 3 of 15 ~so~wY os/o2 www.cem~liancesourc¢.mm e 2002, Th: Compliance Source, In:. G P M W D 0 0 8 5 3 9 5 4 2 4 I I 7 o9o4 ;: 6 ,,- 0 7 3 3 Lot 16 of Trail Creek subdivision, Lincoln County, Wyoming as described on the official plat filed April 3, 2002 as Instrmmnt No. 880072 of the records of the Incoln County. which currently has the address of 101 Ashley Drive Alpine , W3oming 83128 [cityi [Sl~ecl] fZip Code/ ("Property Address"). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to il~ this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title t~ linc interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, ~11~RS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those i~tcrc~ts, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of l~c~dcr including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawful!y seiscd t~f the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that th6 Property i, t~c~cumbercd, except for encumbrances of record. Borrower warrants and will defend generally the title to the Pro?c~-ty :~gainst all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covc~:t~ts tbr national use and non'uniform covenants with limited variations by jurisdiction to comtitute a miform ~ccurity instrument covering real property. UNIFORM COVENANTS. Borrox~er arcl Lender covenan~ ;.~d .grcc as/bllows: 1. Payment of Principal, Interest and Other Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Agreement and if allow:d~lc trader Applicable Law, any prepayment charges, late charges and other charges due under the Agreement. P%'~cnts due under the Agreement and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as payment under the Agreement or this Security Instrument is retur~cd t<~ Lender unpaid, Lender may require that any or all subsequent payments due under the Agreement and this Scc.~ i~y h~strument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) cc~'t ificd check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an instituti~n whose deposits are insured by a federal agency, imtrumentality, or ertity; or (d) Electrofic Funds Transfer. 2. Application of Payments or Proceeds. Payments arc dccmcd received by Lender when received at the location designated in the Agreement or at such other location a.~ ~:13, bc designated by Lender in accordance with the notice provisions in Section 14 or in such manner or location .~ rcqtfircd under Applicable Law. Except as otherwise described in this Section 2. and as permitted under Applicahlc l~.w, all payments accepted and applied by Lender shall be applied to the outstanding Account balance in the lbll~wi~xg order of priority: (i) any prepayment charges due under the Agreement and/or this Security Instrument if l~C,r~ittcd by Applicable Law; (ii) amounts due under this Security Instrument to secure the amounts advanced under d~c Account and to protect Lender's security; Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, [NC,-- Page 4 of 15 ~ot~w~ 0s/o~ www.complianecsourcc.com © 2002, Th~ Compliance Source, Irc. G P M W O 0 0 8 5 3 9 5 4 2 4 1 I 7 O734 (iii) any escrow payments under Section 3 of this Security lnstrtuncn, i~ l.cnder requires such payments; (iv) any late charges; (v) any other fees and charges other than finance charges: (vi) accrued and unpaid finance charges due under tt~ Agreement; ard (vii) any unpaid prircipal balance due trader thc' Agreement. If Lender receives a payment from Borrower for a delinquent l'criodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to ~l~c delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply an3 payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each pa) ment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment el' one or more Periodic Payments, such excess may be applied to any late charges due. To the extent permitted by Applicable Law, voluntary prepayments shall be applied first to any prepayment charges and then as described inthe Agrcclncnt. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Agreement shall not extend or postpom the due date, or clange the amotmt of the Periodic Payments. 3. Funds for Escrow Items. Subject to Applicable Law, Borrower shall pay to Lender on the days Periodic Payments are due under the Agreement, until the Account is paid itl full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other itc,ns which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Scclion 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the paymc'nl of Mortgage Insurance premiums. These items are called "Escrow Items." At origination or at any time during the term of the Agreement, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section 3. Borrower shall pay Lender the Ftmds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. l.ender may waive Borrower's obligation to pay to Lender the Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where pa3 able, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 8. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pa3 lhe amount due for an Escrow Item, Lender may exercise its rights under Section 8 and pay such amount and Borrower shall then be obligated under Section 8 to repay to Lender any such amount. Lender may revoke the waive,' a,~ to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocat~tm, N)rrower shall pay to Lender all Funds, and in such amounts, ti'at are tl-en required under this Section 3. Lender may, at any time, collect and hold Funds in an amoum (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed thc maxmmm amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otl-erwise in accordame with A ~plicable Law. The Funds shall be held in an institution whose deposits arc i~st,'cd by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc s. insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds alld Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable I.aw requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings tm the Funds. Borrower and Lender can agree Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, INC .~ Page 5 of 15 ~s0~wY www.complianeesource.mm G P M W D 0 0 8 5 3 9 5 4 2 4 1 I 7 09041; 6 , 0 73 5 in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as reqfired by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a short:igc {~1' l:unds held in escrow, as defined under RESPA to mean the amount by which a current escrow balance falls sh~rt .f the target balance at the time of escrow analysis, Lender shall notify Borrower as required by RESPA, and Bmrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in n~ m~rc than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA to mc:m thc amount of the negative balance in the escrow account, Lender shall notify Borrower as required by RESPA, ,,l~tl Borrower shall pay to Lender the amount necessary to make up the deficiency in accordame with RESPA, btt in ~ n~re than 12 rmnthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. Borrower shall not be obligated t~ make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior m{~rtgage or deed of trust if such holder is an institutional lender. If under Section 21 the Property is sold or the Pr~q~crty is otherwise acquired by Lender, Lender shall apply no later than immediately prior to the sale of the Property ~r its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the stuns secured hy this Security Instrument. 4. Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust, or other security agreement with a lien which has priority over this Security Instrument. Borrower shall pay when due, all taxes, assessments, charges, fines, and impositions atlrihutable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community 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 Section 3. Borrower shall promptly discharge any lien other than a lien disclosed to Lender in Borrower's application or in any title report Lender obtained which has priority over this Sccurit3 Instrmnent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good f:dth by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prcvcm thc enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: t~r (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Securit3 Instrument. Lender may require Borrower to pay a one-time charge Ibr a real estate tax verification and/or reporting service used by Lender in connection with the Agreement, the Accom~I and this Security Instrument, if allowed under Applicable Law. 5, prOPerty Insurance. Borrower shall keep the improvcmcms now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires ~nsurance. This insurance shall be maintained in the amounts (including deductible levels) and for thc ,)criods that Lender requires. What Lender requires pursuant to the preceding sentences can change during thc ~ct'~ of the Agreement. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lcmlcr's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may rcqmrc Borrower to pay, in connection with the Agreement, the Account and this Security Instrument, either: (a) a cmo-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood 7one determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible fi~r thc payment of any fees imposed by the Federal Emergency Management Agency in connection with the review ot' any flood zone determination resulting from an objection by Borrower. Wyoming Open-End Mortgage - Secondary Lien/VIERS Modified -- THE COMPLIANCE SOURCE, INC.~ Page 6 of 15 6s0~wY www.compliancesoun:e.a~m e 2002, Th= Compliance Soume, In:. G P M W D 0 0 8 5 3 9 5 4 2 4 I I 7 If Borrower fails to maintain any of the coverages described above, l_cnder may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligalion t~ purchase any particular type or armunt of coverage. Therefore, such coverage shall cover Lender, but might t~' might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, h;t/ard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges d~at the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrmvcr could have obtained. Any amounts disbursed by Lender under this Section 5, shall be added to the unpaid balance of the Account and interest shall accrue at the rate set brth in the Agreement, from the time it was added I~ tlu tmpaid balance until it is paid infull. Subject to Applicable Law, all insurance policies required by l.cndcr and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee, and Borrower I'm'thor agrees to generally assign rights to insurance proceeds to the holder of the Agreement and the Account up tt~ Iht amount of the outstanding Account balance. Lender shall have the right to hold the policies and renewal c~rtilicates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal re)rices. If Borrower obtains any tbrm of insurance coverage not otherwise required by Lender, for damage to, ~r dcslruction of the Property, such policy shall include a standard mortgage clause and shall name Lender as mm'tgagcc and/or as an additional loss payee, and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Agreement and the Account up to tie amount of the outstanding Account balance. In the event of loss, Borrower shall give prompt notice to thc insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, and subject to the rights of anY holder of a mortgage, deed of trust, or other security agreement with a lien which has priority over this Security Instrument, any insurance proceeds, whether ~' not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, it' thc restoration or repair ~s economically feasible and Lender's security is not lessened. During such repair and rcsI[)ration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect the Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable l~aw requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall n~t be paid out of the insurance proceeds, and shall be the sole obligation of Borrower. Subject to the rights of any holder of a mortgage, deed of trust, or other security agreement with a lien which has priority over this Security lnstrtm~cnt, if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, wi~h thc excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order proxided for in Section 2. If Lender believes that Borrower has abandoned the Property, I~cnder may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if kendcr acquires the Property under Section 21 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Agreement, the Account or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned prcmimns paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to thc coverage of the Property. Subject to the rights of any holder of a mortgage, deed of trust, or other security agreement with a lien which has priority over this Wyoming Open-End Mortgage - Secondary Lien MERS Modified --Tm~ COMPLIANCE SOURCE~ INC.~ Page 7 of 15 6s013wY 08102 www.comptiancesource.com © 2002, Th~ Compliance Source, [ne. I III1111 IIIlll Illll II IIl[lll IIll IIIII IIlll IIII1 IIIII II II I I I III Ill I II I IIIII Illll Illl[ Illl G P M W D 0 0 8 5 3 9 5 4 2 4 I 1 7 o9o4¢;a¢; ,. ,. 0 7.3 7 Security Instrument, Lender may use the insurance proceeds either t~ repair or restore the Property or to pay amounts unpaid under the Agreement, the Account or this Security Inslru~nc~t, x4~ether or mt then due. 6. Preservation, Maintenance and Protection of the Ih'.pcrty; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deterioralc t~' commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain thc Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. If thc I'rcpcrty is damaged, unless it is determined pursuant to Section 5 that repair or restoration is not economically I'c',t~ihlc, Borrower shall promptly repair the Property to avoid further deterioration or damage. If insurance or to,detonation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be resp,,~sihlc k)r repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender .~ay disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as thc work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and insl,ccti-ns of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Pti,perry. Lender shall give Borrower notice at the time of or prior to sxh an interior impection specifying such reaso~;~hlc cat;se. 7. Borrower's Home Equity Line of Credit Applicatio.. l~t~rrower shall be in default if, during the home equity line of credit application process, Borrower or any pcrs,)ns or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially I';d.',c, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material inform:tti~m) in connection with the Agreement, the Account or this Security Instrument. Material representations inch~dc, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrov~r's prnxAp:d residence.. 8. Protection of Lender's Interest in the Property and Rights tinder this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the I'r,q)erty and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnatitm or forfeiture, for enforcement of a lien which has or may attain priority over this Security Instrument or t~ cnl'orce laws or regulations), or (c) Lender believes that Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and right~ under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/~,r repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has or may attain priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its scct.'cd position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may lake action under this Section 8, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actiors authorized t~der this Section 8. Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured by this Security Instrument if allowed under Applicable Law. These a~ttnts shall bear interest at the rate set forth in the Agreement from the date of disbursement and shall be payable, x~ ilh such interest, upon notice from Lender to Borrower requesting payment. Wyoming Open-End Mortgage - Secondary Lien MERS Modified --TH~ COMPLIANCE SOURCE, INC.-- Page 8 of 15 68013wY 08/o;t www.compliancesourc¢.mm © 2002, Tie Compliance Source, Ire. G P M W D 0 0 8 5 3 9 5 4 2 4 1 1 7 0738 If this Security Instrument is on a leasehold, Borrower shall con: ilb' with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 9. Mortgage Insurance. Mortgage Insurance reimburses l.cnder (or any entity that purchases the Agreement and the Account) for certain losses it may incur if Borl'oWcr does not repay the Account as agreed. Borrower is mt a party to tl~ Mortgage Insurance. If Lender required Mortgage Insurance as a condition of entering into the Agreement and establishing the Account, Borrover shall pay the premiums required to n~aintain the Mm't~,~ge Insurance in effect. 10. Assignment of Miscellaneous Proceeds; Forfeiture. rFhc Miscellaneous Proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or any part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. If the Property is damaged and if the restoration or repair is cctmtmfically feasible and Lender's security is not lessened, such Miscellaneous Proceeds shall be applied to restor:tti.n tlr repair of the Property. During such repair and restoration period, Lender shall have the right to hold such M i~ccllancous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been c,m~plctcd to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pa) fi,r the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed, lJnless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous I)rocccds, Lender shall not be required to pay Borrower an] interest or earnings on such Miscellaneous Proceeds 11' ~hc restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Pr~lcccds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, il' :my, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order proxided for in Section 2. If Lender believes that the Property is abandoned by Borrower, t~r il', after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to m:~kc an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date thc notice is given, then Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or rep:re' of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Part)" lnc~ans the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action ~n regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other malcrial impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cttrc stlch a default and, if acceleration has occurred, reinstate as provided in Section 18, by causing the action or im~cceding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other re:re'rial impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds ol' any award or claim for damages that are attributable to the impairment of Lender's interest in the Property arc IL. toby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order proxided for in Section 2. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security h~strttment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release thc liability of Borrower or any Successors in Interest of Borrower. Lender shall-not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modil') amortization of the sums secured by this Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, INC.-- Page 9 of 15 ~so~)wY o8/o~ www.compliancesource.com ~ 2002, Tie Compliance Source. lin. G P M W D 0 0 8 5 3 9 5 4 2 4 I I 7 0:904 6 - 07S9 Security Instrument by reason of any demand made by the original l:~t~l'rower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or rc~/cdy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in h~c~'cst of Borrower or in amounts less than the amount then due, sl~ll not be a waiver of or preclu:le the exercise ofa.y right or remedy. 12. Joint and Several Liability; Co-signers; Successors a.d Assigns Bound. When Borrower (as that term is defined above) includes more than one person, Borrower covc~¥,,~ts and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who c,~-signs this Security Instrument but does not execute the Agreement (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acc0mmodatio~s with regard to the terms of this Security Instrument or tlc Agreement without the co-signer's consent. Subject to the provisions of Section 17, any Successor in h~tcrcst of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved /)3' Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall no~ hc released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to s,ch release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided i~ Section 193 and benefit the successors and assigns of Lender. 13. Account Charges. Lender may charge Borrower fccs l'~r services performed in connection with Borrower's default, for the purpose of protecting Lender's interest i~ thc Property and rights under this Security Instrument, as allowed under Applicable Law, including, but not limiwd ~, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of 6xpress auth~rity in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition onthc ch:,'ging of such fee. Lender shall have the authority to impose additional fees and charges to perform services rcquc'stcd by or on behalf of Borrower, or to otherwise administer and service the Agreement and the Account. Thc additional fees and charges may include administrative costs incurred by Lender and/or in reimbursement of pa?~c~as made by Lender to third parties. Such fees and charges may include, without limitation, any and all costs ~- l'ccs associated with the origination and/or servicing of such Agreement and the Account, document copy or prcl)~r',~ti(~ lees, transmittal, facsimile or delivery fees, reconveyance and release fees. property inspections and retut'~cd check or insufficient funds charged in connection with payments made by or on behalf of Borrower under Iht Agreement and all other such fees for ancillary services performed by Lender for Borrower or at Borrower's request or for services necessitated by or resulting from Borrower's default or malfeasance relating to this Scct~fily h~strtnnent or the Agreement or incurred by Lender or assessed upon Borrower pursuant to the provisions of this .%curity Instrument or the Agreement. Such fees and charges shall be secured by this Security Instrument up t{~ thc amount of the Credit Limit and, unless Borrower and Lender agree to other terms of payment, shall bear intc~ cst t'rom the date assessed by Lender at the rate stated in the Agreement. and in effect from time to time, and ~hall bc payable, with interest, immediately following written demand from Lender to Borrower requesting paymc,~ thereof. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable I aw. The absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not bc c~,~strucd as a prohibition on the charging of such fee. If either the Agreement or the Account is subject to a law xvhic'h ~cts maximum loan charges, and that law is finally interpreted so that the interest or other charges colleclcd ~' to be collected in connection with the Agreement and the Account exceed the permitted limits, then: (a) any ~uch charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any ~s ah'eady collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender n~)' chastise to make this refund by reducing the principal owed under the Agreement or by making a direct paymem ~) I~orrower. If a refund reduces principal, the Wyoming Open-End Mortgage - Secondary Lien MERS Modified -- THE COMPLIANCE SOURCE, INC.-- Page 10 of 15 68013wY o8/oz www.compliancesource.com o 2002, Th: Compliance Source, Irc. G P M W D 0 0 8 5 3 9 5 4 2 4 I I 7 ,, ,0740 reduction will be treated as a partial prepa:~nent. Borrower's accept, moo of any such refund made by direct payment to Borrower will constitute a waiver of any right of acli~i I/~rrower may have arising out of such overcharge. 14. Notices. All notices given by Borrower or Lender in conncclion with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security h~[r~l~]]ClH shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered I,~ Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to ail Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address mdcss Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notil}, l.cndcr of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of addrc~,s, then 13o rrower 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 Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another ,ddrcss by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have bccn given to Lender until actually received by Lender. If any notice required by this Security Instrument is also rcqtlired under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 15. Governing Law; Severability; Rules of Construction. 'Ibis Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is It~calcd. All rights and obligations contained in this Security Instrument are subject to any requirements and limitati{ms of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or ii might he silent, but such silence shall not be construed as a prohibition against agreement by contract. In the evem that any provision or clause of this Security Instrument or the Agreement conflicts with Applicable Law, such toni]it! shall not .affect other provisions of this Security Instrument or the Agreement which can be given effect withot, Ibc conflicting provision. As used in this Security Instrument: (a) words of thc masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion wilh.ut any obligation to take any action. 16. Borrower's Copy. Borrower shall be given one ct)py of the Agreement and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, 'Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment -~dcs contract or escrow agreement, the intent of which is the tramfer of title by Borrower at a fiture date to a ptrchascr. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transl'crrcd) 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 Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower n..cc of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given m accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Bt)rrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted h3 this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate After Acceleration. 11' B~rrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument d iscontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale c.mained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of llorrower's right to reinstate; or (c) entry of a Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOLrRCE~ INC.-- Page 11 of 15 68013WY 08101 www.compliancesource.com e 2002, Th: Compliance Source, he, G P M W D 0 0 8 5 3 9 5 4 2 4 1 I 7 .074 / judgment enforcing this Security Instrument. Those conditions are tl~',, Bt)rrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Agreen~,nt ,,~ ii' no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all c×pcnses incurred in enforcing this Security Instrument, as allowed under Applicable Law; and (d) takes such act~,m ,~,~ Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security lnstrumcnt, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged I.cnder may require that Borrower pay such reinstatement sums and expenses in one or more of the following fi'mm as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instt'mncmality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument :flit[ obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this ri,2ht to reinstate shall not apply in the case of acceleration under Section 17. 19. Sale of Agreement/Account; Change of Loan Service,': Notice of Grievance. The Agreement and the Account, or a partial interest in the Agreement and the Accoum t~,~gctl~cr with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale migl~ rcstflt in a change in the entity (known as the "Loan Servicer") that collects the Periodic Payments due under thc -\ ,, rccment and this Security Instrument and performs other mortgage loan servicing obligations under the Agrcc~cnt, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicc~ tmrclated to a sale of the Agreement and the Account. If there is a change of the Loan Servicer, if required trader Applicable Law, Borrower will be given written notice of the change which will state the name and address ~1' thc new Loan Servicer, the address to which payments should be made and any other information RESPA requirc~ i~ connection with a notice of transfer of servicing. If the Agreement and the Account are sold and thereafter ~hc Agreement and the Account are serviced by a Loan Servicer other than the purchaser of the Agreement and the Acc~mnt, the mortgage loan servicing obligations will remain with the Loan Servicer or be transferred to a success{~r l..an Servicer and a/'e not assumed by the purchaser of the Agreement and the Account unless otherwise provided by thc purchaser. Neither Borrower nor Lender may commence, join, or bc jtfincd to any judicial action (as either an individual litigant or the member of a class) that arises from thc {~thcr party's actions pursuant to this Security Instrument or that alleges that the other party has breached any prm'i~itm of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified d~c other party (with such notice given in compliance with the requirements of Section 14) of such alleged b~'c',ch and afforded the other party hereto a reasonable period after the giving of such notice to take corrective act~,m If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 19. The notice of acceleration and opportunity to cm'c g~vcn to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take correctixe action provisions of this Section 19. 20. Hazardous Substances. As used in this Section 20: (a~ "lfazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Em irtmmcntal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tt~xic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive ma t cfi,Is; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located il~:tt relate to health, safety or environmental protection; (c)"Environmental Cleanup" includes any response not,tm, 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, dispt~sal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or i~q il~c Property. Borrox~er shall no~ do, mr allow Wyonfing Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, [NC.-- Page 12 of 15 cflo~w¥ 08/02 www.compliancesourc¢.mm ~ 2002, TI~ Compliance Source, In:. G P M W D 0 0 8 5 3 9 5 4 2 4 1 I 7 ,0742 anyone else to do, anything affecting the Property (a) that is in vi()lali()n of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence usc, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. Thc preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of llazardous Substances that are generally recognized to be appropriate to normal residential uses and to maink'nancc of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) ~my iuvestigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private part.,, involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual kuowlcdge, (b) any Environmental Condition, including, but not limited 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 cf a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govermnental or regulatory authority, or any private party, that any removal or other remediation of any lla/ardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmcnt:d Cleanup. NON-UNIFORM COVENANTS. Borro~r and Lender fimhcr c()vcnant and agree as bllows: 21. Events of Default; Acceleration; Remedies. The occurrence of any one or more of the following events shall, at the election of Lender, constitute an "Event of Default," and shall entitle Lender to terminate the Agreement and the Account and accelerate the indebtedness secured hereby: (a) any Borrower engages in fraud or material misrepresentation, whether by action or omis~i(m, in connection with any phase of the Agreement; (b) Borrower fails to meet the repayment terms set fo,'th in the Agreement; or (c) Borrower's action or inaction adversely affects the Property or Lender's secut'ity interest, including, but not limited to, Borrower's actions or omissions that constitute "Events of Default" muler tbe Agreement, or Borrower's failure to perform any material covenants or agreements contained in this Necurity Instrument. Lender shall give notice to Borrower prior to accelerad.u l'ollowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prim' to ucceleration under Section 17 unless Applicable Law provides otherwise). The notice shall specify: (a) Ibc default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the indite is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on o,' bet'ore the date specified in the notice my result in acceleration of the sums secured by this Security Inst,'umct~t and sale of the Property. The notice shall further inform Borrower of the right to reinstate after accclcr;d im~ and the right to bring a court action to assert the non-existence of a default or any other defense o1' Bm'rower to acceleration and sale. If the default is not cured on or before the date specified in the notice, I.cnder at its option may require immediate payment in full of all sums secured by this Security Instrument x~itlmut further demand and may invoke the power of sale and any other remedies permitted by Applicable I.aw. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give not ice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accord;race With Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Sectiou 14. l.ender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Apl~licable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attm'ucys' t'ees; (b) to all sums secured by this Security Instrument; and (c) any eh:ess to the person or persons legally entitled to it. Wyoming Open-End Mortgage - Secondary Lien MERS Modified --THE COMPLIANCE SOURCE, ][NC.~ Page 13 of 15 6SOlaWy 08/02 www.compliancesource.com · 2002, Th: Compliance Source, Irc. GPMW D00853954241 I 7 0: 04636 . . 0 ? 4 3 22. Release. Upon request from Borrower and upon pay ncm of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower M~all pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only il' thc fee is paid to a third party for services rendered arrl the charging of the fee is permitted under Applicable Dtw. 23, Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. REQUEST FOR NOTICE OF I)I~I,'AI AND FORECLOSURE UNDER SI, 'I'I,;RIOR MORTGAGES OR DEEDS O1,' '1'1~ I Borrower and Lender request the holder of any mortgage, dccd of trust or other encumbrance with a lien which has priority over this Security Instrument to give notice to Lender. at kcnder's address set forth on page two of this Security Instrument, of any default under the superior encumbrance m ~,1 ~,1' any sale or other foreclosure action. [S ignatures on Follow ing P rtgc/ BY SIGNING BELOW, Borrower accepts and agrees to thc terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Printed Narn~ ~~ ~')~,//6/t Primed N~ - Kathleen 1,'. lyons ( ) Prin~Be~r~q°amWe~ ~'"' ~.:'"__'i'~..//x.~ (Seal) '~'~ Frank P I.vons ~ -Borrower ' : ~ Printed Name (Seal) -Borrower Printed Name (Seal) -Borrower Printed Name [S pac e B elow This Line For A ckntm' h'd,,,tn e~t] Wyoming Open-End Mortgage - Secondary Lien MERS Moditied --THE COMPLIANCE SOURCE, INC.-- Page 14 of 15 ~ao~3wY 0st0z www.compliancesource.mm o 2002, Th~ Compliance Source, In:. G P M W D 0 0 8 5 3 9 5 4 2 4 I I 7 0744 (Seal) State of {.~//0/ff/Jzf4.~A-c(-~ § Before we the undersigned authority, onthis day personally appeared FRANK P. LYONS AND KATHLEEN F. LYONS known to me (or proved to me through an identity card or other document) to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me that hc/~hc/fl~cy cxecuted the same for the purposes and consideration therein expressed. //m ~6tq~j~__ Given under my hand and seal on this /0 ~ qh6 / V~ Printed Nanx: My Comrnissi,m Expires: Wyoming Open-End Mortgage - Secondary Lien MERS Modified --TB~ COMPLIANCE SOURCE, [NC.-- Page 15 of 15 ~so~w~ o~oz ~ 2002, T~e Compliance Source. In: www .complianceso u rce.com G p M W D 0 0 8 5 3 9 5 4 2 4 1 1 7