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HomeMy WebLinkAbout905342#31345(02) After Recording Return To: OCEANS FUNDING COMPANY, INC. 912 DREW STREET SUITE 201 CLEARWATER, FLOR/DA 33755 LOAN NO.: 62022463 ESCROW NO.: TITLE NO.: PARCEL NO.: 37182830203600 MINNO.: 10014580062022463-1 RECEIVED 12/17/2004 at 10:57 AM RECEIVING # 905342 BOOK: 575 PAGE: 245 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY [SPACE ABOVE Till S LINE FOR RECORDING DATA] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined bel.w ,ami other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words ,~cd in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated DECEMBER with all Riders to this document. 15 2004 , together 0l) "Borrower" is DAVID WttlGGINS ANDLISAB HIGGINS AKA LISA BOCCIO It'l GGINS, HUSBAND AND WIFE AKA DAVID WAYNE HIGGINS Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. ~1 ERS is a separate corporation that is acting solely as a nonfinee for Lender and Lender's successors and assiens. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under thc laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. 1888j 679-MERS. (D) "Lender" is OCEANS FUNDING COMPANY, INC., A FLOR/DA CORPORATI(}N Lender is a A FLOR/DA CORPORATION ._ orga~fized and existing under the laws of FLORIDA l.cnder's address is 912 DREW STREET SUITE 201; CLEARWATER, FLORIDA 33755 WYOMING-Single Family-Fannie Mae/Freddie l~Iac UNIFORM INST R IIMENT - MERS Docv~ S~vtces. It~c. vomu- MMTOWY1-31Sl Page 1 of 14 ORIGINAL Form 3051 1/01 0905342 0g) "Note" means the promissory note signed by Borrower and dated DECEMBER 15 , 2004 The Note states that Borrower owes Lender TWO HUNDRED THIRTY TWO THOUSAND AND 00/100 ...................................... Dollars (U.S. $ 232,000.00 ) plus interest. Borrower h:[s promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JANUARY 0.1_._ , 2035 (F) "Property" means the property that is described below tmdc~ the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interesl ',my prepayment charges and late charges due under the Note, and all sums due under this Security Instrumen t. plus interest. (1t) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider [] Condominium Rider [] Second Home Rider [] Balloon Rider [] Planned Unit Developmcm 14idcr [] Assumption Rider [] 1-4 Family Rider [] Biweekly Payment Rider [] Inter Vivos Trust Rider [] Other(s) [specify]: (I) "Applicable Law" means all controlling applicable federal, s~:ttc and local statutes, regulations, ordinances and adnfinistrative rules and orders (that have the effect of law) ~ xx ell as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees and Assessments" mc:ms all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condmninium association, homeowners association or similar organization. (K) "Electronic Punds Transfer" means any transfer of funds, ~thcr than a transaction originated by check, draft, or similar paper instrument, which is initiated through a~ clcc[ronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize :~ financial institution to debit or credit an account. Such term includes, but is not limited to, point-i~f-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and mmmlated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Se~ tim~ 3. (M) "Miscellaneous Proceeds" means any compensation, settl¢lnCm, :m, ard of damages, or proceeds paid by any third party (other than insurance proceeds paid under the ct>x'cr:tg~:s described in Section 5) for: (i) datnage to, or destruction of, the Property; (ii) condemnation or other t~tkiae ~f all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentatim~s {~1', ~r onfissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender :~e:tinst the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount dtlc fi)r (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instru~c~lt. (P) "RESPA" means the Real Estate Settlement Procedures Act ~12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), :~ thc5 might be amended from time to time, or any additional or successor legislation or regulation that governs, thc same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortage loan" even if the Loan does not qualify zig a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that h:~s taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and.'t~r this Security Instrument. LOANNO.: 62022463 Initials ?~,t~~, WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INS'I'll UMENT - MERS Form 3051 1/01 Doc~S~nvtc~s. It~c ~om- sim'~w~-am Page 2 of 14 ORIGINAL o.9osa4g 0 2 4 7 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's ct~\';znallts and agreements under this Security Instrument and the Note; For this purpose, Borrower does hot'cb,, mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors ahd assignsl :md to the successors and assigns of MERS, with power of sale, the following described property located in thc COUNTY of Lincoln : [Type of Recordh~g Jurisdiction] [Nan~e of Recordil~g Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PA WI' II EREOF PARCEL NO.: 37182830203600 which currently has the address of 503 THREE RIVERS DRIVE ; lSIreet] Alpine , Wyonnn, 83128 ("Property Address"): [City/Area] l?.ip Code] TOGETHER WITlt all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the proper'ry. ?\11 replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in tiffs Security Instrument as the "Property." Borrower understands and agrees that MERS hold~ m~lv legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to compb \x iih the law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all those interests, including, but not limited to, the right to foreclose and sell the Property; :md to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully sciscd of the estate hereby conveyed and has the right to grant and convey the Property and that thc ['mperty is unencumbered, except for encumbrances of record. Borrower warrants and will defend gcnc~'ally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covets:mis tbr national use and non-uniform covenants with limited variations by jurisdiction to constitute ;~ tmifi}rm security instrument covering real property. LOAN NO.: 62022463 lnitial~ .~N~. ,~~,. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM IN ST R U 51ENT - MERS DocPParp'SEavfc£s. INC. FORM- MMTGWYI-3151 Page 3 of 14 ORIGINAL Form 3051 1/01 t.? il 0,?. 4 8 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prelmymcnt Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt cx idcnced by the Note and any prepayment charges and late charges due under the Note. Borrower shall als~ pay funds for Escrow Items pursuant to Section3. Payments due under the Note and this Security Instrument shall'be nkade in U. S. currency. However, if any check or other instrument received by Lender a~ pa5 ment under the Note or this Security Instrmnent is returned to Lender unpaid, Lender may require 0n}t au) m' all subsequent payments due under the Note and this Security Instrument be made in one or more of thc t't}lh>wing tbrms, as selected by Lender: (a) cash; Co) ~noney order; (c) certified check, bank check, treasurcr'~ clicck or cashier's check, provided any such check is drawn upon an institution whose deposits are insured bx a fcdcral agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received a~ thc h~cation 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 paymem or partial payment if the payment m partial payment are insufficient to bring the Loan current. Lender may accept any payment or partial p:tyment insufficient to bring the Loan currem, without waiver of any rights hereunder or prejudice to ts rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Ih)re)wet makes payment to bring the Loan current. If Borrower does not do so within a reasonable period t~f lime, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will bc applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim whid~ Borrower nfight have now or in the future against Lender shall relieve Borrower from nkaking paymcms clue under the Note and dais Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following mdcr of priority: (a) interest due under the Note; Co) principal due under the Note; (c) amounts due under Scc'titm 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any rcm:fining amounts shall be applied first to late charges, second to any other amounts due under this Securi% Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent I'criodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied i,~ thc delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender nm), apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payntent can be paid in full. To the extent that any excess exists after the payment is applied to the t'ull paym<nt of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prcpasments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscell:mcmls Proceeds to principal due under the Note shall not extend or postpone the due date, or change the an~mnt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lendc~ ,,n the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide tbr payment of amounts due for: (a) taxes and assessments and other items which can attain priority {~x cr this Security Instrument as a lien or encumbrance on the Property; Co) leasehold payments or ground rems {m the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Nh)rtgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Nhu'tgage Insurance prenfiums in accordance LOAN NO.: 62022463 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3051 1/01 Docpl~EPSsavfclr& INc. FORM. MMTGWY1-3151 Page 4 of 14 ORIGINAL , 0249 with the provisions of Section 10. These items are called "Escrtm' Items." At origination or at any time during the term of the Loan, Lender may require that Community Associ:ttim~ Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall bc an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Seclim~. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay tile Ftmds for any or all Escrow Ite~ns. Lender may waive Borrower's obligation to pay to Lender Funds fro' any or all E~crow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Bmnm,cr shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment o[ l:unds 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 t(, provide receipts shall for all purposes be deemed to be a covenant and agreemenl contained in this Security Inm'ument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay l!scn)w Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, kc~dcr may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under ~qcction 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at aay ti,ne by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lemlc~' all Funds, and in such a~nounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amotmt (:0 sufficient to permit Lender to apply the Funds at the time specified under RESPA, and Co) not to exceed tl~c maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due m~ thc basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise ill aCC, mlance with Applicable Law. The Funds shall be held in an institution whose deposits ars ~;urcd by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose dep(~sit~ are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow ltcms no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying thc Funds, a~mually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Bornm'cr interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is m;~dc in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Bm'rower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that imcrest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of thc Ftmds as required by RESPA. If there is a surplus of Funds held in escrow, as defined undc~ ~ I~SPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shm'lagc of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESIb\, and Borrower shall pay to Lender the amount necessary to nutkeup the shortage in accordance with I~t!~PA, 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 asrequiredby RESPA, and Borrower shall pay to Lcndc~ tile amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 mm~fldy payments. Upon payment in full of all sums secured by this Security l~tmment, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over tiffs Sccm'ity Instrument, leasehold payments or ground rents on the Property, if any, and Community Association l)tl~s, 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 which has pri~rity over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation seem'ed by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement: (b) contests the lien in good faith by, LOANNO.: 62022463 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRI IMENT - MERS Form 3051 1/01 DOCPREPSERvIc£s. INC. FORM-MMTGWYI-alSl Page 5 of 14 ORIGINAL or defends against enforcement of the lien in, legal proceedings whid~ in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pcmling, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement s:~tist'actory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part ~l' thc Property is subject to a lien which can attain priority over this Security Instrument, Lender my'give Bm'rower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall s',ttisl"y the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for :, ,'cai estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvemcms m)w existing or hereafter erected on the Property insured against loss by fire, hazards included within thc tc~ m "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, i'm' which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding senten~'cs can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Bon'ower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised tmrcas~mably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge Iht llood zone determination, certification and tracking services; or (b)a one-time charge for flood zone tlctc,'mination and certification services and subsequent charges each time remappings or similar changes ~ccm which reasonably nfight 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 thc rcv~cw of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described ab~vc, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no t~bligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender. but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in cliO'ct Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed thc c~s~ of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shzdl become additional debt of Borrower secured by this Security Instrument. These amounts shall bear imcrcst at the Note rate from the date of disbursement and shall be payable, with such interest, upon t,~fice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such p~licies 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. Lender shall have the right to hold thc. policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts ~f paid prenfiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise rcqt,ired by Lender, for dankage to, or destruction of, the Property, such policy shall include a standard m~mgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to thc insurance carrier and Lender. Lender may make proof oflossifnot made promptly by Borrower. Unless l.cnder and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insm':mc~ was required by Lender, shall be applied to restoration or repair of the Property, if the restoration m rc pzu r is economically feasible and Lender's security is not lessened. During such repair and restoration perit~d. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection sh:tll be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single paymc~ m- in a series of progress payments as the WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTI~ UMENT - MERS Form 3051 1/01 DocPR~rP $1rRVICES. INc. vovoa- MMTGWYI-31Sl Page 6 of 14 ORIGINAL work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay B{.mwer any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained b3 Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance px'~cccds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate a,d settle any available insurance claim and related matters. If Borrower does not respond within 30 days to ~ .mice fi'om Lender that the insurance carrier has offered to settle a claim, then Lender nkay negotiate and settle thc claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires thc lh'opcrty under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any in,~t.'ance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, a.d th) any other of Borrower's rights (other than the right to any refund of unearned pre~niums paid by Borrowcr~ under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of thc Pr.petty. Lender may use the insurance proceeds either to repair or restore the Property or to pay amoums unpaid under the Note or this Security Instrument. whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use thc 'mperty as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date ~t'.ccupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or tIll less ¢xtelmating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to dctchmate or connnit waste on the Property. Whether or not Borrower is residing in the Property, Borrower sl~:tll maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its cm ~ditiou. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Bm'mw~:r shall promptly repair the Property if damaged to avoid further deterioration or damage. If insunmcc m' condenn~ation proceeds are paid in connection with damage to, orthe taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series o ~' l]~g tess payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to rcp:fi r ~r restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair m' restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on thc I'mpcrty. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in dc-fi, th if, during the Loan application process, Borrower or any persons or entities acting at the direction of Bt~rmwer or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonn:,im~ or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupa,c3 t~l' the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Righls Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained it~ tills Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this LOAN NO.: 62022463 Il,iii: Is ~'~- p'~ _~~ WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM 1NSTRtlMENT - MERS Form 3051 1/01 Doc~ns~$~vtc~s.I~c. PORM-MMTaW~I-31SI Page 7 of 14 ORIGINAL Security Instrument (such as a proceeding in bankruptcy, l)n~batc, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security l~st rt,mcnt or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may (ltl and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights trader this Security Instrument, including protecting and/or assessing the value of the Property, and securim, and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums scct.'cd by a lien 'which has priority over this Security Instrument; Co) appearing in court; and (c) paying reasm~ablc attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, incl.ding its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited ,~, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water h'm. pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on m' .fi, Although Lender may take action under this Section 9. Lender does not have to do so and is not under a.) duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall bccmne additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest al thc Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lendc~ t. Bm'rower requesting payment. If this Security Instrument is on a leasehold, Borrower shall c(mq)ly with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fl~c fcc title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insur:mcc as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be :tvailable from the mortgage insurer that previously provided such insurance and Borrower was required t~ make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay thc premimns required to obtain coverage substantially equivalent to the Mortgage Insurance previously i. cfi'cot, ,'it a cost subitantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, fi'om :m alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is m. available, Borrower shall continue to pay to Lender the amount of the separately designated payments th:a were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these pa.~ mcnts as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refimdablc, notwithstanding the fact that the Loan is ulti~nately paid in full, and Lender shall not be required to pa) Bm'n)wer any iuterest or earnings on such loss reserve. Lender can no longer require loss reserve payments it' ~h. tgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer sclcctccl by Lexder again becomes available, is obtained, and Lender requires separately designated payments tow:.'d the prenfiulns for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making fl~c I.~an and Borrower was required to make separately designated payments toward the premiums for Mortgage Insur;mce, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's require;nent for Mortgage Insurance ends in accordance xx ith any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate lin)rider in the Note. Mortgage Insurance reimburses Lender (or any entity that purch',tses the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is .~[ a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insunmcc in fro'ce from time to time, and may enter into agreements with other parties that share or modify their risk m' reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer t{~ make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). LOANNO.: 62022463 lni~i',lls ,.~_.~'~..~ WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM IN ST R t lMENT - MERS Form 3051 1/01 Doc~e~S~vic~s.I~c. PORM-MMTGWY1-31$1 Page 8 of 14 ORIGINAL As a result of these agreements, Lender, any purchaser of the N~tc, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directl.~ m' indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for M,~ t'tgage Insurance. in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such a ~ rccment provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share Of the prcmit,ms paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Bm'rm~ e,' has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements ~ill not iucrease the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrmve,' m :my refund. (b) Any such agreements will not affect the rights Borrmve,' has - if auy - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to recci~ e a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation o,' te,'miuation. 11. Assignment of Miscellaneous Proceeds; Forfeiture. AIl ~xliscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall bc applied to restoration or repair of the Property, if the restoration or repair is economically feasible and I.cmler's security is not lessened. During such repair and restoration period, Lender shall have the right ~ h{fld such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure thc work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken pro n ~ptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress paymcms as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest tt~ be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earniae.~ m~ such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's sectmt3 would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall b~ applied in the order provided for in Section 2. In the event of a total taking, destruction or loss in value of thc ['roperty, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whereof m' n(~t then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value o~' thc ['roperty in which the fair market value of the Property immediately before the partial taking, destruction, m- loss in value is equal to or greater than the amount of the sums secured by this Security Instrutnent inuncdiatcly before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in x~ riling, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Prt }coeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the p',,'ti:fl t;tking, destruction, or loss in value divided by (b) the fair market value of the Property i~mnediately bc I'm'c the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value or' hc ?mperty in which the fair market value of the Property immediately before the partial taking, destruction, m I~ss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or h~ss in value, mfless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. LOAN NO.: 62022463 Initi:ds .~- ~t' ~ __ WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INST R I/h IE NT - MERS Doo,~ S~vtc~s, I~vc vov.~- ~MT~W~-~S~ Page 9 of 14 ORIGINAL Form 3051 1/01 If the Property is abandoned by Borrower, or if, after notice [~y Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to sclllc a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is givcl~ l.cmler is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Propc~'ty or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" mc~u~s thc third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a ~'ight of action'in regard to Miscellaneous Proceeds. Borrower shall be in defaultifany action or proceeding, xvl~cdler civil or crinfinal, is begun that, in Lender's judgm.~nt, could result in forfeiture of the Property or mhc~ m:~cl-ial impairment of Lender"s interest in the Property or fights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the actioo or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Propc~'ly or other nmterial impairment of Lender's interest in the Property or rights under this Security Instrument. 'l'h~ proceeds of any award or claim for damages that are attributable to the impairment of Lender's interes~ i~ the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration ~r repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Secm'ity In.~trument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release Ibc liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to common,cc proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or ~therwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by tile original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercisi~lg any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities tlr Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of o~' preclude the exercise of any right or 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 :md several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'c'o-sigoer'): (a) is co-signing this Security Instrumem only to mortgage, grant and convey the co-signer's intc~'c~t in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums ~ccured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, mt~dit'y, forbear or make any accommodations with regard to the terms of this Security Instrument or the l~Iote withm,t the co-signer's consent. Subject to the provisions of Section 18, any Successor in Inte~'csl of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to sttcl~ release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Scctiou 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees l"~' se~'vices performed in com~ection with Borrower's default, for the purpose of protecting Lender's interesl in thc Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security In~mmcnt to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fcc. Lender nmy not charge fees that are expressly prohibited by this Security Instrument or by Applicable 1.aw. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMI,.'NT - MERS . Form 3051 1/01 Doceme Ss~vrc~s. bvc. ~oR~- MMTOWY1-3151 Page 10 of 14 ORIGINAL If the Loan is subject to a law which sets maxi~num loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in cmmccm)n with the Loan exceed the permitted limits, then: (a)any such loancharge shall be reducedby the anlt)tmt necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund b3 reducing the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the redi~ction will be treated as a partial prepayment without any prepayment charge (whether or nt)t :t prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in ct)tlllCCtlOll with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually dclix'ered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute hr,rice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be thc ?mperty Address unless Borrower has designated a substitute notice address by notice to Lender. Bm'rower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure fi~r reporting Borrower's change of address, then Borrower shall only report a change of address through that si)cci fled 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 orby mailing it by first class mail to Lender's :tddress stated herein unless Lender has designated another address by notice to Borrower. Any notice in c~,m~ection with this Security Instrument shall not be deemed to have been given to Lender until actually received by l~cnder. If any notice required by this Security Instrument is also required under Applicable Law, the Applic:tble Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limilatim~s of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract m' it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In tile event that any provision or clause of this Security Instrument or the Note conflicts with Applicable l.aw, 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) win'ds in the singular 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 Ibc Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Bm'rm~er. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Pr~,pcrty, including, but not limited to, those beneficial interests transferred in abond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower ',tt a filture date to a purchaser. If all or any part of the Property or any Interest in the Propelt3 is s{)lcl or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or tr',msfcrred) without Lender's prior written consent, Lender may require immediate payment in full of all SlttllS secured by tiffs Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable, Law. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM IN ST R Ui~ i ENT _ MERS . Form3051 1/01 Docv~vS~vtc~s. Itqc. ~o~- MMTGWY1OI$1 Page 11 of 14 ORIGINAL If Lender exercises this option, Lender shall give Borrower t~,, icc ,f acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given ~ ',teem'dance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. It' Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. [f B~rnm, er lneets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discoutilmed at any time prior to the earliest of: (a) five days before sale of the Property pursuant to Scc~i.u 22 of this Security Instrument; (b) such other period as Applicable Law might specify for the termination .f Bm-tower's right to reinstate; or (c) entry ofajudgmemenforcing this Security Instrument. Those conditkms arc that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and thc Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attm'nc rs' tees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasm~ably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Bomm er's obligation to pay the sums secured by this Security Instrument, shall continue unchanged unless as otherwise provided under Applicable Law. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, b.,mk check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whos~: deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully ~flk'ctive as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accclcramm under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or mot'e times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Scrx'ic<r") that collects Periodic Payments due under the Note and this Security Instrument and performs other n,,'~gage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also miL2ht be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of thc I.oan Servicer, Borrower will be given written notice of the change which will state the name and address ~l' the new Loan Servicer, the address to which payments should be made and any other information RES?A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Bi m'o wet will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assume( bx the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may cmmnence, join, or be j.incd to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any pr,~vi.~nm of, or auy duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified tl~c other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective acdon. If Applicable Law provides a time period which nm~t elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppm'ttmity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower ptn-sttai~t t() Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. LOAN NO.: 62022463 Initials WYOMING-Single Fmnily-Fannie Mae/Freddie Mac UNIFORM INSTR UMENT - MERS Form 3051 1/01 Doc~P~ S~mtc~s, I~zc. Po~.M- MmmWV~-sm Page 12 of 14 ORIGINAL 21. Hazardous Substances. As used in this Section 21: (a) "t lazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by I!nviromneutal Law and the following substances: gasoline, kerosene, other flanunable or toxic petroleum prmtucts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and r:tdioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Pmpc~'ty is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes a~y response .action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Envir~m~ncatal Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Clcmmp. Borrower shall not cause or permit the presence, use, disposal storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or i~ I lie Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is i~ vi{ration of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to thc presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the I'mpcrty. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential usc-s and to maintenance of the Property (including, but not limited to, hazardous substances in consumer prt ~ctucts). Borrower shall promptly give Lender written notice of (a) any im'cstigation, claim, demand, lawsuit or other actionby any governmental or regulatory agency or priv:t~c pariy involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actu',d knowledge, Co) any Enviromnental Condition, including but not limited to, any spilling, leaking, disch;~rgc, I'elease or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, usc or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, m' is notified by any governmental or regulatory authority, or any private party, that any removal or other ~cmccliation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all tcccssary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligatflm m~ l~cnder for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender furth~'r c~venant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 31} d~ys h'om the date the notice is given to Borrower, by which the default.must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the stnns secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to relnstate after acceleration and the right to bring a court action to assert the mm-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate paymem in I'ull of all sums secured by this Security Instrument without further demand and may invoke the p{m'er 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, including, but not limited to, reasouable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance ~ilh Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and thePropertyshall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds or the stile shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, rt'asouable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Re~ease. Upon payment of all sums secured by this Security Instrument, Lender ~hall release this Security Instrument. Borrower shall pay any recordation costs, l_cndcr may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law, WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INST R I~ ~ I EN T - MERS Form 3051 1/01 Doc~n~$~J~vtc~s. I~c. ~omu-~am'aww-~s~ Page 13 of 14 ORIGINAL 24. Waivers. laws of Wyoming. , 0"58 Borrower releases and waives all rights under and by virtue of the homestead exemption BY SIGNING BELOW, Borrower accepts and agrees to the ter.~s a lid covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with ~t. Witnesses: .(Seal) -Borrower .(Seal) -Borrower LOAN NO.: 62022463 (Seal) -Borrower (Seal) -Borrower [Space Below This Line For Ackmmh~dgment] STATE OF WYOMING, TETON COUNTY SS: The foregoing instrument was acknowledged before me this_ DAVID WAYNE HIGGINS AND LISA BOCCIO HIGGINS AKA DAVID W. HIGGINS AKA LISA B. HIGGI~S (person acknowlcdgi,g) day of December, 2004 (date) My commission expires: (Notarial Seal) 9-15-07 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM IN ST R U MENT - MERS Doc?~P $~svtc~s. I~c rom- ~rm-aw~.~s~ Page 14 of 14 ORIGINAL Form 3051 1/01 OCEANS FUNDING COMPANY, INC. 912 DREW STREET SUITE 201 CLEARWATER, FLORIDA 33755 APN # 37182830203600 LOAN NO.: 62022463 ESCROW # TITLE ORDER # 0259 [SPACE ABOVE RESERVED FOIl RECORDER] ATTACHED TO DEED OF TRUST / MORTGAGE I)ATED: Loan No: 62022463 Property Address: 503 THREE RIVERS DRIVE; Alpine, WYOMING 83128 EXHIBIT A LEGAL DESCRIPTION DECEMBER 15, 2004 LOT 36, FOREST MEADOW SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY, WYOMING. DOCPREP SERVICES. JNC. POP.~ - EXHIBITA-0066 ORIGINAL