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HomeMy WebLinkAbout905905Remrn To: Cendant Mortgage CorporaTion 2001 Bishops Gate Blvd, Moun~ Laurel, NJ 08054 Prepared By: Tonj a Murray, Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 RECEI:JED 1/14/2005 at 2:38 PM R-F-';EIVlNG # 905905 BOO~(: 577 PAGE: 207 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Rct'~.ldi,a I)alaI MORTGA6i' NIlN 100020000297428710 DEFINITIONS Words used in multiple sections of this document are defi,:cd 13clow and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding thc usage of ~vords used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dato~l /;ll~Llary 10, 2005 together with all Riders to this document. (B) "Borrower" is DAN I EL T 0LES and LARA R OLES i lUSBAND AND W l FE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, I,~c. MF.I?,$ is a separate corporation that is acting solely as a nominee for Lender and Lender's succe~,~t's and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and exkli,~g under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 4851~t-2026, tel. (888) 679-MERS. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 6A(WY) (ooo5).o~ VMP MORTGAGE FORMS - (800)5214291 Form 3051 1/01 OS05ki05 (D) "Lender" is Cendant. Mort.gage Corporate ion Lender is a Corporate ion organized and existing under the laws of New Jersey Lender's address is 3000 Leadenhal I Road Mount_ k:~ ,~t NJ 08054 (E) "Note" means the promissory note signed by Borrower and &~tcdJanuaF_,v l 0, 2005 The Note states that Borrower owes Lender One Hundred t ~ I t(¢en Thousand Seven Hundred Do l l ars and Zero Cent-s Dollars (U. S. $ q '15,700.00 ) plus interest. Borrower has pr~,m i sed to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 'l ~;~-_, 2035 (F) "Property" means the property that is described below ulMcr the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interc~l, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrt,,wm, plus interest. (H) "Riders" means all Riders to this Security Instrument thtat ;,'c executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable l: r-] Adjustable Rate Rider r"] Condominium Rider r--] Second Home Rider [--'] Balloon Rider [-'] Planned Unit Development Rider [---] 1-4 Family Rider /'~ VA Rider ['"] Biweekly Payment Rider r-'] Other(s) [specify] (I) "Applicable Law" means all controlling applicable fedcr,I, state and local statutes, regulations, ordinances and administrative rules and orders (that have the ell'crt of law) as well 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 b3 ~ ctmdominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of fiu~d~, ~thcr than a transaction originated by check, draft, or similar paper instrument, which is initiated ttir{)tl~h an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct. ~,r ztk~thorize a financial institution to debit or credit an account. Such term includes, but is not limited t,~. 13oint-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire Ir~tnst'ers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Sect i,,n 3. (M) "Miscellaneous Proceeds" means any compensation, settlc~cnt, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under ti~c ,'overages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation ,,r c)thcr taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) nli~rcprcscntations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender ;~'~;tmst the nonpayment of, or default on, the Loan. ' (O) "Periodic Payment" means the regularly scheduled amount duc for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security lnsl~ t,~cnt~ (P) "RESPA" means the Real Estate Settlement Procedures Act II 2 [3. S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 350{/). :~s they might be amended fi.om time to time, or any additional or successor legislation or regulation thut ~ovcrns the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirement, ~tl restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does m~l qualify as a "federally related mortgage loan" under RESPA. 6A(WY) (o0o5),Ol Page 2 of 15 Form 3051 1101 0905905 (Q) "Successor in Interest of Borrower" means any party that Il:tN taken title to the Property, whether or not that party has assumed Borrower's obligations under the NL,t~. m~d'or this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY This Security Instrument secures to Lender: (i) the repayment ,,1' ti~c l.oan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Bt,l'r~,;xcr's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrox~ c~' does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's succc,~)rs and assigns) and to the successors and assigns of MERS, with power of sale, the Ikdlowing described property located in the COUNTY of L I NCOLN : [Type of Recording Jurisdiction] IX' amc of P, ecording Jurisdiction] ParcellD Number: 2007 DEL RIO KEMMERER ("Property Address"): which currently has the address of [Streetl Wyoming 83101 [Zip Code] TOGETHER WITH all the improvements now or hc~c',~l'lcr erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pail of the property. All replacements and additions shall also be covered by this Security Instrument...\11 of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands :,,I ugrccs that MERS holds only legal title to the interests' granted by Borrower in this Security Instrument, btm if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successor~ :tml assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right tL, Ibrcclose and sell the Property; and to take any action required of Lender including, but not limited t,,. releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully sci~cd of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that ~l~c l'roperty is unencumbered, except for encumbrances of record. Borrower warrants and will defend ~cl~crully the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform c(,~cmtnts ]br national use and non-uniform covenants with limited variations by jurisdiction to constitute a un i form security instrument covering real property. 6A(WY) (ooo5).o~ Page 3 of 15 Form 3051 1/01 UNIFORM COVENANTS. Borrower and Lender covena~t ~lld agree as follows: 1. Payment of Principal, Interest, Escrow Items, I'rcl~:,ymcnt Charges, and Late Charges. Borrower shall pay when due the principal of, and interest v~, Ibc debt evidenced by the Note and any prepayment charges and late charges due under the Note. Bor~'~,~ cr shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and thi~ ~,ccl~rity Instrument shall be made in U.S. currency. However, if any check or other instrument received Ii,, I_c~lder as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may rcqt~ire that any or all subsequent payments due under the Note and this Security Instrument be made i~ ~e or more of the following forms, as selected by Lender: (a)'cash; (b) money order; (c) certified cl~cck, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an h~lilt~tion whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Ftm~l~ I'ra~sfer. Payments are deemed received by Lender when received ;~I thc location designated in the Note or at such other location as may be designated by Lender in accordat~cc ~ith the notice provisions in Section 15. Lender may return any payment or partial payment if the pa.~ ~c~t c~r partial payments are insufficient to bring the Loan current. Lender may accept any payment or pa~lial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice ~ il~ rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply stroh payments at the time such payments are accepted. If each Periodic Payment is applied as of its schcd~lcd d,e date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied f,~,l~ ~mtil Borrower makes payment to bring the Loan current. If Borrower does not do so within a reason'aisle ?rk~d of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier. _~t~h l'~mds will be applied to the outstanding principal balance under the Note immediately prior to forech,,,~xc. No offset or claim which Borrower might have now or in the future against Lender shall relieve I~,,r~'~er from making payments due under the Note and this Security Instrument or performing the cove~t~ ~d agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as ,,ll~crwise described in this Section 2, all payments accepted and applied by Lender shall be applied in ~l~c l~llowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) a~n~,t~l~ dt,e tinder Section 3. Such payments shall be applied to each Periodic Payment in the order in xvhicl~ it became due. Any remaining amounts shall be applied first to late charges, second to any other amot~t~ dtle under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment fi.om Borrower for a deli~!ttc~t Periodic Payment which includes a sufficient amount to pay any late charge due, the payment ma~ hc applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstancli~/, i.cnclcr may apply any payment received fi.om Borrower to the repayment of the Periodic Payments if. tt~i ~.~, thc extent that, each payment can be paid in full. To the extent that any excess exists after the pay~c~t ,~ applied to the full payment of one or more Periodic Payments, such excess may be applied to any iat~: charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described t~ thc Note.. Any application of payments, insurance proceeds, or M i~c~.lla~cous Proceeds to principal due under the Note shall not extend or postpone the due date, or change thc z~mt~tmt, of the Periodic Payments. 3. Fonds for Escrow Items. Borrower shall pay to Le~&'r t~ the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Fu~ad:," ~ t~ provide for payment of amounts due for: (a) taxes and assessments and other items which can attai~ l,~ i~)rity over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments ~,t' ~.,.~ otind rents on the Property, if any; (c) premiums for any and all insurance required by Lender undc~ ~ccticm 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to [.c~tcr i~ lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Sc~ti~,~ 10. These items are called "Escrow Items." At origination or at any time during the term of the I ~,~. Lender may require that Community Association Dues, Fees, and Assessments, if any, be escroxxc~l l~y Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptl3 hs~i~h to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Ftl~,l~ 12~r Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escr,,~ Itexns. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items :~t a~y lime. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay dirccl ly. when and where payable, the amounts 6A(WY) (ooo5).o~ Page 4 o~ ~s ' Form 3051 1/01 due for any Escrow Items for which payment of Funds has be~.~ ~¥~Lived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment witl~i~ ~t~'h time period as Lender may require. Borrower's obligation to make such payments and to provide. ~,.,'~,il~ts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instru~.~t. ~t~ the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escro\~ It~'ll~s directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, L~.~t~..r ~l~l~, exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated tt~ci~.r ~cc~ion 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Esc~,~ lle~ns at any time by a notice given in accordance with Section 15 and, upon such revocation, Borr~,~:r shrill pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an a~l~,t~lt (~i) su£1]cient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not ~ ~'~c'~'ed the maximum amount a lender can require under RESPA. Lender shall estimate the amount o£ I t~d~ dt~e on the basis of current data and reasonable estimates of expenditures of future Escrow Items ,~t' ~therwise in accordance with Applicable Law. The Funds shall be held in an institution whose d~.l~it~ are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an i~a~lil~ti~l~ whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds tc~ !~t~ ~l~e Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower t~,r h~lclil~ ~nd applying the Funds, annually analyzing the escrow account, or verifying the ~scrow Items, tl~l~,~ I_,e~cter pays Borrower interest on the Funds and Applicable Law permits Lender to make such a ch~r~., i i~less an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, l.~.~J~,~~ ~hall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender ~':t~ ;igree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, x~ ill~t~l charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defii~,~l ltlld~.~r I~ESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If' tl~.~' is .'~ shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as reqL~i~ ~.cl I~y I~ESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accor~l:~'~, x¥'ith I~ESPA, but in no more than 12 monthly payments. If'there is a deficiency of Funds held in esc~'~,~. ~ls del'ined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall i¥,~ I~ l~e~der the amount necessary to make up the deficiency in accordance with RESPA, but in no more th~, I J ~ao~athly payments. Upon payment in full of all sums secured by this Securit~ l~lstrtilnc~t, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, as~'~le~ts, charges, fines, and impositions attributable to the Property which can attain priority over this ~'tirity h~strument, leasehold payments or ground rents on the Property, if any, and Community Associati~,~ l)t~cs, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall p~l.~ t l~.~l i~l the manner provided in Section 3. Borrower shall promptly discharge any lien which has la~'i~,t'it5' over this Security Instrument unless Borrower: (a) agrees in writing to the payment of'the obligatic~l ~'ct~red by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such ~,~ ~.~.~l~.~at; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proce~.Ji~?~ which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings a~'~. ,,~.l~dil~g, but only until such proceedings are concluded; or (c) secures from the holder of the lien an a~'~,~.~.~ll s~isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines tha! ~l~ t~lrt o~~ the Property is subject to a lien which can attain priority over this Security Instrument, Lender tt~5 give Borrower a notice identifying the 6A(WY) (oo05),0~ Page 5 of ~5 ~ Form 3051 1101 lien. Within 10 days of the date on which that notice is given, 1~ r,}wcr shall satisfy 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 charTc for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the impro~c~cnts now existing or hereafter erected on the Property insured against loss by fire, hazards included ~ i~l~i~ the term "extended coverage," and any other hazards including, but not limited to, earthquakes and li,,,,~ts, l~r which Lender requires insurance. This insurance shall be maintained in the amounts (including; ~lcductible levels) and for the periods that Lender requires. What Lender requires pursuant to the precedi~ sentences can change during the term of the Loan. The insurance carrier providing the insurance shall bc chosea by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall a~,l bc exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, eitt~c~': (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time rc~;tppings or similar changes occur which reasonably might affect such determination or certification. }~'r(~wcr shall also be responsible for the payment of any fees imposed by the Federal Emergency Mt~ll:~cmcnt Agency in connection with the review of any flood zone determination resulting from an object ~,,~ i~5 Borrower. If Borrower fails to maintain any of the coverages desc~ it,,cd above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Len&'~ is under no obligation to purchase any particular type or amount of coverage. Therefore, such cover~t..:c shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or thc c,,ntcnts of the Property, against any risk, hazard or liability and might provide greater or lesser coverrt~c Ihan was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obt~til~cd might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts di~lmt'scd Dy Lender under this Section 5 shall become additional debt of Borrower secured by this Security h~tt umcnt. These amounts shall bear interest at the Note rate from the date of disbursement and shall be pt~ :~blc. with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals ~,1' ~t~c'i~ policies shall be subject to Lender's right to disapprove such policies, shall include a standard ~,,*~age clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have ~i~c right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give t~, l.cncler all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance c,,~crage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sh:~ll include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss p:l.x cc. In the event of loss, Borrower shall give prompt notice 1,} thc insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. I Itll~ss [.ender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlx i~t,_ insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restt~r~,m or repair is economically feasible and Lender's security is not lessened. During such repair and rest~,~tti~m period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportune,tx to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided It,:ti such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and rc~.~t'zttion in a single payment or in a series of progress payments as the work is completed. Unless an agrcc,~cnt is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lendc~ ~hzdl not be required to pay Borrower any interest or earnings on such proceeds. Fees for public ad. it~:,tcrs, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and ~t~ll bc the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender' s sccm'ity would be lessened, the insurance proceeds shall be applied to the sums secured by this Securit~ l~trument, whether or not then due, with 6A(WY) (ooo5).Ol Page 6 of 15 - 3051 1/01 the excess, if any, paid to Borrower. Such insurance proceeds ~l~:tll hc applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, ,~:s,~>ti~te and settle any available insurance claim and related matters. If Borrower does not respond within, ;(1 &lys to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender nl;tv ~c~otiate and settle the claim. The 30-day period will begin when the notice is given. In either event. ~' il' Lcnder acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender' (:~) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under ~hc Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to ~tt~,. rcftmd of unearned premiums paid by Borrower) under all insurance policies covering the Property. i~ts~fi,' as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds, either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrumc~. u hcther or not then due. 6. Occupancy. Borrower shall occupy, establish, and ~t~c thc Property as Borrower's principal residence within 60 days after the execution of this Security ll~4t'utllclll and shall continue to occupy the Property as Borrower's principal residence for at least one yea~ :~licl' the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unrc:~omtbly withheld, or unless extenuating circumstances exist which are beyond Borrower' s control. 7. Preservation, Maintenance and Protection of the l'r.pcrty; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Propert5 t,~ deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Propel't_,,. I lon'ower shall maintain the Property in order to prevent the Property from deteriorating or decreasin~ i~ value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration i~ ~t,~t economically feasible, Borrower shall promptly repair the Property if damaged to avoid further d~tct-ioration or damage. If insurance or condemnation proceeds are paid in connection with damage t .... ~' thc taking of, the Property, Borrower shall be responsible for repairing or restoring the Property on lx il' l~ender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and re~t,, ~tli~m in a single payment or in a series of progress payments as the work is completed. If the insurance ,~ c~mdcmnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of ll~,n',,x~cr's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon ~d inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the impn,x cmcnts on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspect i~n specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be i~ dcI'ault if, during the Loan application process, Borrower or any persons or entities acting 'at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or in',tccttratc in£ormation or statements to Lender (or failed to provide Lender with material information) i~t connection with the Loan. Material representations include, but are not limited to, representatio~ ~:~mcerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights IJnder this Security Instrument. If (a) Borrower fails to perform the covenants and agreements cotlt:tlllcd ill this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's illt.:tc~t in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, pr[,blttc, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this 5;ccttl'ily Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, thctl I.cndcr may do and pay for whatever is reasonable or appropriate to protect Lender's interest in thy I'ropcrty and rights under this Security Instrument, including protecting and/or assessing the value of thc D'opcrty, and securing and/or repairing the Property. Lender's actions can include, but are not limited t,~: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appe:~ri,~ in court; and (c) paying reasonable 6A(WY) (ooo5),o~ Page 7 of 15 I~'iti~l~ -<~) (~orm 3051 1101 attorneys' fees to protect its interest in the Property and/or ri~l~t ~ trader this Security Instrument, including its secured position in a bankruptcy proceeding. Securing tl~c I'ropcrty includes, but is not limited to, entering the Property to make repairs, change locks, replace ,,,t i,,,~,'d up doors and windows, drain water from pipes, eliminate building or other code violations or dltt~,cl'~ms conditions, and have utilities turned on or off. Although Lender may take action under this Sectio~ ~). l.cnder does not have to do so and is not under any duty or obligation to do so. It is agreed that Lendc~ i~curs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section t~ ~d~tll become additional debt of Borrower secured by this Security Instrument. These amounts shall bc:~' imcrest at the Note rate from the date of disbursement and shall be payable, with such interest, upon t~,}tice Ii'om Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower ~;t~11 comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leascl~,,Id and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage l li,~ttrmlce as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mt,~t t~t[2c Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases t~, ~c ~tvzfilable from the mortgage insurer that previously provided such insurance and Borrower was reqtm~d ~t~ make separately designated payments toward the premiums for Mortgage Insurance, Borrower ~i~tll p~xy the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance i',~'cviously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insur:~'c previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equix:tlcnt Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amomtt t~I' the separately designated payments that were due when the insurance coverage ceased to be in effect I cnder will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mort?~Tc Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ulti~:~tcly paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such 1o,,~, rc.~erve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the an-~m~!t ~md for the period that Lender requires) provided by an insurer selected by Lender again becomes :~',:~ii:d, lc? is obtained, and Lender requires separately designated payments toward the premiums for Mo,'tg~pc Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower xx~t~ required to make separately designated payments toward the premiums for Mortgage Insurance, B,)~r~,xxcr shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a t~,,t~-rcl'tmdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with ~x xxritten agreement between Borrower and Lender providing for such termination or until termination is ~cquit'ed by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the ~';~,~ l)rovided in the Note. Mortgage Insurance reimburses Lender (or any entity Il t:~t lmm'chases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed I/,~rt'ower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such in~t~rmlcc in force from time to time, and may enter into agreements with other parties that share or modify th~ir risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortg;t~,c insurer and the other party (or parties) to these agreements. These agreements may require the mortgage it~>ttrer to make payments using any source of funds that the mortgage insurer may have available (which ~t:~x include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser ~,i' thc Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, max ~'cccive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borr~:~c~"s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's tivd.~, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the in~t~'cr's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "~::tp~ix,e reinsurance." Further: (a) Any such agreements will not affect the amounts ~h:,l Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agret'ments will not increase the amount Borrower will owe for Mortgage Insurance, and they will nm cmitle Borrower to any refund. 6A(WY) (ooo5).o~ Page s of ~5 Form 3051 1101 (b) Any such agreements will not affect the rights Borrm~cr has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Acl ,,l' 1998 or any other law. These rights may include the right to receive certain disclosures, to rc. tlUC. st and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated :mtomatically, and/or to receive a refund of any Mortgage Insurance premiums that were unc:~rncd at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture..\11 Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds -,h~dl be applied to restoration or repair of the Property, if the restoration or repair is economically feasible ~md Lender's security is not lessened. During such repair and restoration period, Lender shall have thc right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property l~, ~'n.sure the work has been completed to Lender's satisfaction, provided that such inspection shall be umt,:t Izd<ct~ promptly. Lender may pay for the repairs and restoration in a single disbursement or in a scri~s ol' progress payments as the work is completed. Unless an agreement is made in writing or Applicable I.~w requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay I*,,r~'owcr any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econ,,mic~tllv t'easible or Lender' s security would be lessened, the Miscellaneous Proceeds shall be applied to thc ~tm~s'secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borroxx ct. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in x:~lttc of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Securib l~_~trument, whether ornot then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in wdt~c ~,t' the Property in which the fair market value of the Property immediately before the partial taking, dc~truc'ticm, or loss in value is equal to or greater than the amount of the sums secured by this Security I~trmnent immediately before the partial taking, destruction, or loss in value, unless Borrower and kct~Jcr ~,therwise agree in writing, the sums secured by this Security Instrument shall be reduced by thc :Hntmnt of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount or' ~i~c stuns secured immediately before the partial taking, destruction, or loss in value divided by (b) d~c fifir market value of the Property immediately before the partial taking, destruction, or loss in wdt~c...\~v balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in v;.dtlc c,l' tl'~c Property in which the fair market value of the Property immediately before the partial taking, dc~trttction, or loss in value is less than the amount of the sums secured immediately before the partial takings, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscelhmc,,t~s Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arc tl~cn due. If the Property is abandoned by Borrower, or if, after m~ticc by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to mal<~~ '~m award to settle a claim for damages, Borrower fails to respond to Lender within 30 days al2er the &ttc tl~c notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to resI~,~ti~n or repair of the Property or to the sums secured by this Security Instrument, whether or not then duc. '()pposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party agains~ xx horn Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, xx hcthcr civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property ~}r other material impairment of Lender's interest in the Property or rights under this Security Instrumem. l~,~rrower can cure Such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes I~*i'lL'iture of the Property or other material impairment of Lender's interest in the Property or rights under ll~i~ Security Instrument. The proceeds of any award or claim for damages that are attributable to the imp~drmcnt of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to rest~ralion or repair of the Property shall be applied in the order provided for in Section 2. 6A(WY) (ooo5).o~ Page 9 of 15 Form 3051 1/01 12. Borrower Not Released; Forbearance By Lender N(,~ :l Waiver. Extension of the time for payment or modification of amortization of the sums secured Iix t t~is Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not ,~pcr',ltc to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not bc ,-cq~m-ed to commence proceedings against any Successor in Interest of Borrower or to refuse to extcml lime for payment or otherwise modify amortization of the sums secured by this Security Instrument by t'c:lson of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forl~c~t~'~mcc by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of i~:Lsmcnts from third persons, entities or Successors in Interest of Borrower or in amounts less than the a~ mamt then due, shall not be a waiver of or 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 at ld several. However, any Borrower who co-signs this Security Instrument but does not execute the N,,tc (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the ct~-~i?ncr's interest in the Property under the terms of this Security Instrument; (b) is not personally obligalcd to pay tine sums secured by this Security Instrument; and (c) agrees that Lender and any other Borroxvc~' c~tn agree to extend, modify, forbear or make any accommodations with regard to the terms of this ~qcc:t,t-ity Instrument or the Note without the co-signer' s consent. Subject to the provisions of Section 18, any Success~,' in lmerest of Borrower who assumes Borrower's obligations under this Security Instrument in wri;in~. ~md is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security InstrLl~cnt. Borrower shall not be released from Borrower's obligations and liability under this Security Instrumcm unless Lender agrees to such release in writing. The covenants and agreements of this Security ln.~lt'ulncnt shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees t~, ~crvices performed in connection with Borrower's default, for the purpose of protecting Lender's imct'c~t in the Property and rights under this Security Instrument, including, but not limited to, attorneys' l~..c~, property inspection and valuation fees. In regard to any other fees, the absence of express authority in I[~i~ .'-;ccur ity Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on thc cl~rging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or ~.~ :'\pplicable Law. If the Loan is subject to a law which sets maximum loan cl~:trgcs, and that law is finally interpreted so that the interest or other loan charges collected or to be collected itl connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected Ir,mi Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to m:tl<e this refund by reducing the principal owed under the Note or by making a direct payment to Bt)rl'~xxcr. If a refund reduces principal, the reduction will be treated as a partial prepayment without z,~ prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowcr'~ ~cceptance of any such refund made by direct payment to Borrower will constitute a waiver of any righl o1' a~ction Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender it~ c:t~m~ection with this Security Instrument must be in writing. Any notice to Borrower in connection with t t/l~, Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail ~,l' xYhcn actually delivered to Borrower's notice address if sent by other means. Notice to any one gorr~,xxcr shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The m_,ltc~: address shall be the Property Address unless Borrower has designated a substitute notice address by ~olicc to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender spccitics a procedure for reporting Borrower's change of address, then Borrower shall only report a change ~.t' ',tddrcss through that specified procedure. There may be only one designated notice address under this hccurity 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 address I,.~ notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed t[~ h:~ve been given to Lender until actually received by Lender. If any notice required by this Security h~t~ umcnt is also required under Applicable Law, the Applicable Law requirement will satisfy the corrc?onding requirement under this Security Instrument.  6A(WY) (ooo5).o~ Page lO of 15 Form 3051 1/01 0:905S)05 16. Governing Law; Severability; Rules of Construcli~m. This Security Instrument shall be governed by federal law and the law of the jurisdiction in xxl~i~'i~ ;he Property is located. All rights and obligations contained in this Security Instrument are subject ~, any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitl3 ~tll~w the parties to agree by contract or it might be silent, but such silence shall not be construed as a pr,q~i[)ition against agreement by contract. In the event that any provision or clause of this Security Instru~:~t or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Scc~,itx Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the ~m~cutine 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" gix ~':~ ~t~lc discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy ,,t' ~hc Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest h, lh,rrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial intercept i,~ thc Property, including, but not limited to, those beneficial interests transferred in a bond for deed, c~stt,,ct l'or deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by I~)m)wer at a future date to a purchaser. If all or any part of the Property or any Interest in the Pr~,t,cs'ty i~ sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower i~ ~ld or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised bx I cmlcr if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borl't~.~ ~aice of acceleration. The notice shall provide a period of not less than 30 days from the date the n~,t,'c i~ given in accordance with Section 15 within which Borrower must pay all sums secured by this Scct~titv lastrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender m:~, i~woke any remedies permitted by this Security Instrument without further notice or demand on Borro~x ~-~-. 19. Borrower's Right to Reinstate After Acceleration. Il' Borrower meets certain conditions, Borrower shall have the right to have enforcement of this $cct~riLv Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Propen~ i~t~uant to any power of sale contained in this Security Instrument; (b) such other period as Applicable l~x~ might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment c~i~rcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums whirl, then would be due under this Security Instrument and the Note as if no acceleration had occurred; (bi cts,'cs any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valu:~ti,~,( IL, cs, and other fees incurred for the purpose of protecting Lender's interest in the Property and ri:~l~t:; u|~cler this Security Instrument; and (d) takes such action as Lender may reasonably require to assure tl,',~ l.cnder's interest in the Property and rights under this Security Instrument, and Borrower's obligati~,t~ ~o pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that l~,rrowcr pay such reinstatement sums and expenses in one or more of the following forms, as selected i;~ l~cnder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's chcc~, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. ~u'umentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Securi~,, i:~tmment and obligations secured hereby shall remain fully effective as if no acceleration had occurred, l io\vever, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of (; tic,ante. The Note or a partial interest in the Note (together with this Security Instrument) can be sold ~t~c c~l' more times without prior notice to Borrower. A sale might result in a change in the entity (k~,x~ as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security In~l~'t,mcnt and performs other mortgage loan servicing obligations under the Note, this Security Instrument. :~d Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale ~,1' ~hc Note. if there is a change of the Loan Servicer, Borrower will be given written notice of the change xx I~id~ will state the name and address of the new Loan Servicer, the address to which payments should b~. made and any other information RESPA 6A(WY) (ooo5).o~ Page 11 of 15 Form 3051 1/01 requires in connection with a notice of transfer of servicing. I1' Ibc Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the N,~tc. thc mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transfc~'~cd to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by thc Nolo purchaser. Neither Borrower nor Lender may commence, join, or I)~..i~fincd to any judicial action (as either an individual litigant or the member of a class) that arises fi't,~ thc other party's actions pursuant to this Security Instrument or that alleges that the other party has b~'c~cltcci any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or l.clt,lcr has notified the other party (with such notice given in compliance with the requirements of Section I q i of such alleged breach and afforded the other party hereto a reasonable period after the giving ~' stroh notice to take corrective action. If Applicable Law provides a time period which must elapse hct~,rc certain action can be taken, that time period will be deemed to be reasonable for purposes of thi~ I~:,'agraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section ?_! rtl~ct the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy tltc m3tice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section ?.1: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutanl~; c~r wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable (,r t(~×ic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestt~ ,)r l't~rmaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of thc .jt~t'isdiction where the Property is located that relate to health, safety or environmental protection; (c) "Enx it'~,mnental Cleanup" includes any response action, remedial action, or removal action, as defined in Enxi~',,mnental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute l,,. or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, di~;l~osal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances. ,,t~ ~r in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Propert3 ~;t~ that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) xx i~icl~, title to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affc,'t~ ~hc value of the Property. The preceding two sentences shall not apply to the presence, use, or stt~:~:~,c tm the Property of small quantities of Hazardous Substances that are generally recognized to be al31)r,,priate to normal residential uses and to maintenance of the Property (including, but not limited to, hct/~t~ d,~us substances in consumer products). Borrower shall promptly give Lender written notice of (:~1 ',my investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or' p~ ixctte party involving the Property and any Hazardous Substance or Environmental Law of which I I~,~'r~wer has actual knowledge, (b) any Environmental Condition, including but not limited to, any s¢~iling~ leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition ~.':ttlsccl by the presence, use or release of a Hazardous Substance which adversely affects the value of thc I'r~}perty. If Borrower learns, or is notified by any governmental or regulatory authority, or any private i~:~rty, that any removal or other remediation of any Hazardous Substance affecting the Property is necessarx. B~rrower shall promptly take all necessary remedial actions in accordance with Environmental Law. N t,~l~ing herein shall create any obligation on Lender for an Environmental Cleanup. 6A(WY) (ooo5).o~ Page12of15 Form 3051 1101 NON-UNIFORM COVENANTS. Borrower and Lender It~lt~cr covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to lh,'rmYer prior to acceleration following Borrower's breach of any covenant or agreement in this !.;ccttrity Instrument (but not prior to acceleration under Section 18 unless Applicable Law provi(Ic~: .therwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must l,c cra'cd; and (d) that failure to cure the default on or before the date specified in the notice may rest,Il in acceleration of the sums secured by this Security Instrument and sale of the Property. The no,icc shall further inform Borrower of the right to reinstate after acceleration and the right to bring a t.,,,t't action to assert the non-existence of a default or any other defense of Borrower to acceleration and snle. If the default is not cured on or before the date specified in the notice, Lender at its option m,.~ ,'cquire i~nmediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable La~. I.cmler shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Ncc,ion 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give mdit't, of intent to foreclose to Borrower and to the person in possession of the Property, if differtm~, iu accordance with 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 the Property shall be sold i. thc manner prescribed by Applicable Law. Lender or its designee may purchase the Property at an) sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of Ibc sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Scc,,rity Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this %comity Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation co,ts l.ender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to :t third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights trader and by virtue of the homestead exemption laws of Wyoming.  6A(WY) (0005).0~ Page 13 of 15 Form 3051 1/01 BY SIGNING BELOW, Borrower accepts and agrees t,, thc terms and covenants contained in this Security Instrument and in any Rider executed by Borrower atl,l recorded with it. Wimesses: (Seal) DANIel i ()L~S -Borrower · ' ;' "[., (Seal) LARA t:~, lq [~S -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower A(WY)(ooos).o~ Page 14 of 15 Form 3051 1101 STATE OF WYOMING, L I NCOLN The foregoing instrument was acknowledged before me tl~i:, JgtIILl~try by DANIEL T OLES, LARA ROLES 101:h, C: O ,'7; ,0 ~ County ss: 2005 My Commission Expires: /~ ~- ~, '"0 ? NANCY STAFFORD - NOTARY PUBLIC CO~N~f ~ STAE OF Notary 6A(WY) (0005).02 Page15of 15 Iniliats: ~'~ Form 3051 1101 Lots 12-L-3 and 13-L-3 of Rolti~ t Hills Subdivision to the City of Kemmerer, Lincoln County~ ~%,~oming as described on the official plat thereof.