HomeMy WebLinkAbout913718
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RECEIVED 11/15/2005 at 2:57 PM
RECEIVING # 913718
BOOK: 604 PAGE: 791
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
[Space Above This Line For Recording Data)
lVIORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defincd below and othcr words arc dcfined in Sections 3, I I, 13, ] 8, 20
and 2 J. Certain rules regarding thc usage of words used in this document arc also provided in Section] 6.
(A) "ScnJrity IlIstrument" means this document, which is dated November 1st 2005 ,togelherwith
all Riders to this document.
(8) "Borrower" is The .James F. Odic and Jessie L. Odic Living Trust, dated October 20,2003, James F. Odic
:lIul Jessie L. Odle,Trustees
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Borrower is the mortgagor under this Security 1nstrument.
(C) "Lender" is !\lid l~merica l\Iortgage Services, Inc. . lender
is a Cor¡~oratio!!.____ organized and existing under the laws of the State of l\Iissonri
lender's address is 200 E Walnut St Columbia,!\IO 65203
lender is the mortgagee under this Security 1nstrument.
(D) "Note" means the promissory note signed by Borrower and dated___November 1st 2005 . The Note
states that Borrower owes Lender One H~II1.ºrel! Eig!I!Ll-'holls:¡1ll1 and 00/100
Dollars (U.S. $180,000.00 ) plus interest. Borrower has promised to
pay this debt in regular Periodic Pa)~llents and to pay the debt in full not later than _----..P.ccember !...2035 ___.
(E) "Property" means the property that is described below undcr the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by thc Note, plus interest, any prepayment charges and latc charges due under the
Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The foIlowing Riders are to be
executed by Borrower [check box as applicable]:
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[XI Adjustable Rate Rider
o BaIloon Ridcr
o ] -4 Family Rider
o Condominium Rider
[X] Planned Unit Development Rider
o Biweckly Pa)~llent Rider
o Second 110me Rider
o Other(s) [specify]
(II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and
administrative rules and orders (that have thc effect of law) as well as all applicable final, non-appealable judicial opinions.
(I) "Community Associatiou Oues, Fccs, and Assessments" means all dues, fees, assessments and other charges that are
imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(J) "F:lcctrollicFunds Transfer" means any transfer ofJÌJnds, other than a transaction originated by check, draft, or similar
paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as
to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telcphone, wire transfers, and automated
clearinghouse transfers.
(K) "Escrow Hems" means those items that are described in Section 3.
(L) "l\1iscella neous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party
(other than insurance proceeds paid under the coverages described in Section 5) for; (i) damage to, or destruction of, the
Property; (ii) condemnation or olhcr taking ofal! or any part of the Property; (iii) conveyance in lieu of con den mati on; or
(iv) misrepresentations oj: or omissions as to, the value andlor condition of the Property.
(1\1) "l\1ol'tgage Insnrance" means insurance protecting Lender against the nOnpa)~llent of, or default on, the Loan.
(N) "Pcriodic Paymcnt" means the regularly scheduled amount due Jor (i) p!'incipal and interest under the Note, plus (ii)
any amounts under Section 3 of this Security Instrument.
(0) "RESP A" means the Real Estate Settlement Procedures Act (12 U .S.c. §260 I et seq.) and its implementing regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended fì'om time to time, or any additional or successor legislation
or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requirements
and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a
"federally related mortgage loan" under RESP A.
(1') "Succcssor in Iutercst of Borrower" means any party that has taken title to the Property, whether or not that party has
assumed Borrower's obligations under the Note and/or this Security Instrument.
WYOI'flNG--Single Family--Fannic MaelFreddie Mae lINIFORl\IlNSTRlIl\IENT
9789,CV (4/05) ) ,051314
Form 305t 1/01 (page I of7 pages)
Crealh'e Thinking, Inc.
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TRANSFER OF RfGHTS IN TIlE PROPERTY
This Security Instrument secures to Lender: (i) the repa)111ent of the Loan, and all renewals, extensions and modifications of
the Note; and (ii) the perfìxmance of Borrower's covenants and agreements under this Security Instillment and the Note. For
this purpose, 110nDlver does hereby mortgage, grant and convey to Lender and Lender's successors and 3ssigns, with power
orsale, the following described property located in the County of
[Type or Recording Jurisdiction]
Lincoln
[Name orRecording Jurisdiction]
Lot 76 in Star Valley Ibnch Plat 12, Lincoln County, "'yoming as descrihed on the official plat thereof
known as: 39 Pine view Circle Thayne, WY 83127
This Deed of Trust is made in accordance with the terms and provisions of the Trust agreement, is made
pursuant to the powers conferred hy said agreement, and said Trust agreement remains in full force and
effect at this time and that the same h.IS not been amended or revoked.
which currently has the address of39 ]>ineview Circle
Th~lyne
[Street]
("Propeliy Address"):
[City]
, Wyoming ?3127
[Zip Code]
TOGETHER WfTH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part ofthe propelty. All replacements and additions shall also be covered by
this Security Inslrument. All of the foregoing is referred to III this Security fnstrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the titk to the Property against all claims and demands, subject to any
encumbrances of record.
TIns SECURITY INSTRUMENT combines unitì:mn covenants for national use and non-unilì:mn covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I, Payment of Principal, Il1terest, Escrow I tems, Prepayment Charges, and Late Charges. Borrowcl' shall
pay when due the principal o( and interest on, the debt evidenced by the Note and any prepayment charges and late charges
due under the Note. Bon'ower shall also pay Iilnds for Escrow Items pursuant to Section 3. Payments due under the Note
and this Security Instrument shall be made in U.S. currency. However, ifanycheck or other instrument received by Lender
as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all
subsequent payments due under the Note and this Security [nslrument be made in one or more of the f()IIowing torms, as
selected by Lender: (a) cash; (b) money order; (c) certitìed check, b'1I1k check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumenta]ity, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in lhe Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retmn any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept
any payment or partial payment insutlicient to bring the Loan current, without waiver of any rights hereunder or prejudice to
its rights to refuse such payment or partial pa)1nents in the future, but Lender is not obligated to apply such paymenls at the
time such pa)1nents 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 unti I Borrower makes payment to bring the Loan current.
If Borrower does not do so within a reasonable period of time, Lemler shall either apply such tllllds or return them to
Borrower. ¡fnot applied earlier, such fllllds \ViII be applied to the outstanding principal balance under the Note immediately
prior to fbreclosure. No offset or claim which Borrower might have now orin the (llture against Lender shall relieve
Borrower 11-OIn making pa)1nents due under the Note and this Security lnstrument or pertèJr]ning the covenants and
agreements secured by ihis 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 1()lIowing order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such pa)111ents shall be applied to each Periodic Payment
in the order in which it became due. Any remaining amounts shall be applied ¡irst to late charges, second to any other
amounts due under tbis Security Instrument, and thcn to reduce the principal haLmce of the Note.
t fLender receives a payment fi'om Borrower tòr a delinqucnt Periodic Payment which includes a sul1ìcient amount
to pay any Jate charge due, the payment may be applied to the delinquent payment and the late cbarge. If more than one
Periodic Pa)1nent is outstanding, Lender may apply any payment received fi'om Borrower to tbe repayment of the Periodic
WYOMING--Singh: Family--Fannic 1\ lac/Freddie I\lac lINIFORl\llNSTRUMENT
~789.CV (4!O5) 1,051314
Fnrm3051
1/01 ú){/!;e:! 0(7 pages)
C, calÎl e -I !linking, Inc.
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Payments if, and 10 Iht ölenl that, eacll pa)'llltnl elll be p:lid in lì¡J1. To Ihe t\knl that an)'e\cess ('xists aller the paynll.nt is
applied Iu tilt' lìill p:l)melll of 011<:' or mort Periudic f'a)lnL-lIls, :,lkh L',ceSS m:lY be :Ipplicd Iu :Iny Lilt chargts dUe. Vc)lulllary
pc'~p:lynltnls sll,¡JI.bc appli~d lirsl 10 any IHC lil)ïl1c:nl cll:llgc's and thel1 as CkSCllbnll1l lilt ¡'-Iule,
/\ny apphCalll)¡) [¡I paymenls, Iw;m:llh'l' pILJcteds, IJr r\IISceILII1c'OIlS Procet'ds 10 pllnclpal dlle IIndec the Note shall
nol extelld UI pnstp01le the dlle d:lk, or L'I1:lnge Ille amollnl, ul the l'elludlC Payml"llIs.
3, FUllds for ESl'row I {l'IlIS. BOln)llt'l skill pay It) Lender 011 Ihe day I'eriodic 1>:1)111enls are dlle llnlkr the ~~ole,
untilllle Nole is paid in lì¡Jl, a SUIll (111e "Funds") to pnwide j()r payment,lf:1II1Ounls dilL' fin: (a) taxes and ,bsessmL'nls and
olher ikms which can atLlin priolity oVer Ihis Securily Instrlllllenl :IS a lien 01 enl'lIl1Ibrancc 011 tile Plopelly; (b) leas,.hold
payments 01 grollnd rellts on Ihe Pnlpelt),: ifany; (c) premillll1S li'l allY and :¡II insm:lIlcè rtc)ui~td bl Lender un,kr,S<:\:liun 5;
and (d) ('l'lolt":I!!e Insurance premlUllJS, 11 auy, or any sums pdY;lble byl10rmwer tu Lelllk-rlll Iltu 01 llit payment 01 i\lortgdge
Insunince pr~niTums in accordance wilh Ihe pro\'isions li¡'Section 10. Tliese items ale called "FsClow lIeIl1S." ¡'\t origindlion
or at any lime during ¡liL' ieI'm of the Loan, Lellder may lùlllire Ihdt CnmnHlllÎly .'\s',ociatiuli Diles, Fees, dnd ¡\sst'SSmel¡(S, if
allY, be tscrowed by Borrower, and such dues, fCL's and assessments shall be ;In ¡:SCft¡\\, IItn!. BOlrOll'L'r shall promptly
Jìlrllish 10 Lender allnoliLes ofarnoullts to bc p:lid under Ihis Section. l3orrnwc'r shall pay L(,lhlt'r Ihe Funds ¡I) Escrow Hems
unltss Lènder waives Borrower's obligation to pay the Fllnds lilr any or all Escrow ltell1s. LelHkr n1:lY wail'e Borlulver's
obligation to pay to Lender Funds I()! any or all Esnow Hellls al any lillle. :\ny such waiver may (¡nly be in wriling. 1111ht'
eVènl ofsllch waiver, 13,)ITOII'er shall pay dirc'cl!y, whell and where pJyable, thè amuunts dill; Ii)! allY Escrow Ikllls filr which
payment of Ft.lIlds Ins been waivtd by Lender :lIld,ifLender IÙlllil;ò, sh:dl lillnish 10 LL'rl<kr receipls el'i(kncing snch
paymenl wlthlll such lime pellod as Lender may reqlllre. JJulTIJ\\'er s obhgd{Hln to lII:.lke such parmcïlls alld to prol'lde
r,·ceipts shall li)r all purposes be deèmed 10 be a c~J\'en:lnt and agrèel1ltnl contall,:l'llln this SecUllty Instnullc'lll, as Iht phlase
"co\'enant and agrelïllellt" is ustd III SectlOlll), II Borrower IS ubhgated to pay bSL'row Itellls dlrCl:l1y, pUISlldnt to a Wall'er,
and Borrower JÜils 10 pay the amount Jue Jilr an Escrow Iklll, Lelhkr may exercise its righls under Seclion 9 allll p;l)' such
amoun! and nurrower shall then be obligall'd under S,~clioll 9 to repay 10 Lemltr :111)' such amonnl. Lender lIIay revoLè Ihe
waiver as 10 all)' or all Escrow Items at all)' time b)' a notice gil'en in accordance wilh Section 15 :Ind, upon such lel'ocation,
Borrower s11:l11 pa)' to Lender all Funds, and in such amounts, ¡hal arc tlieï! required under Ihis Section 3.
Lender may, al any lime, colleel and hold Funds in an amonnl (a) suflìcientlo permit Lender to apply tlie Funds at
thc' time slkc¡fÌ,'d undcIIŒSI'A, and (b) Iwi 10 excèed (lie maximum amounl a lender call require under RI:S¡'A. lenda
shall estinlille Ihe amount of Funds due IIII Ihe basis of current d:il:i :md leaSOn;¡ ¡ e ,·slill1ates uk.\pclldilures l¡fììl(ure Escrow
ltell1s or othL'rwise in accordance \I'i¡h Applicable Law.
The Funds shall be hdd in an illSlj ution whose deposits arc insured by a Jhleral agtncy, inslrull1enlalil)', or el¡(ity
(including Lelldtr, irLcmkr is an institulion whose deposils art su inslll'èd) or in any FtL!èral/loll1e Loan Bank. Lendersh:ill
apply the Funds to pay the Escroll IIL'Ins no Likr l"'ln Ihe timt speL'ilied under IŒSPA. Lender skdlnol ch:lrgè Borrower
fì.ll holding and applying (he hinds, ¡ nllll:d y allal)r¿ing ht escrol\' accuunt, or velit)'ing tht' Fsc/l)w lie illS , uliless Lender
pays 80rro:l'.er illteresl (!n tht Fnnds and .-\pplicahle Law permits L.ender to make such a charge. Un.lèss an agreemenl is
nwck In willing ur Apphcable Law rtC ulrL·s Inkresl to be pend on the FllIlds, Lender shall not be required to p:l)' BorrOll'er
any interest or t'arnings on the Fnnds. Borrower and Lender c,ln agree in wri!illg, hOWeI'!'I, Ihal interest shall he paid onlhe
Funds. Lendn shall give to Borrower, wj[houJ charge, an annual accounting uflhe Funds as IC'(luired by I~¡'SPA,
If Ihere is a surplus of Funds held m escrow, us clt-lilled nnder I{ ESP A, Lender shall acciHlntl0 Borrower for Ihe
excess lìnH)s in accordance with RESPA. Iflhere is a shollilge of Funds held in escrow, as detined ulllkr rzESPA, Lender
shallnutil)' Borrower as required by RESPA, and Borrower skdl pay to Lender the amoulltnccessary 10 make lip the
shortage in accordanCè with I(ESPA, bul in I1L1mOre Ihan 12 mon/hly 1dyments. ¡Cthere is a deiiciéllcy oli·'unds held in
escrow, as detìned under [z ESP A, Lender shall ](¡Ii Cy Borrower as reqllired by RESI' A, and B¡'>lTOII'Cr shall pay to lellt!.:r the
anlollnt necessary to make lip the deficiency in accordance lI'ith fzESPA, bill in no more Ihan J2 monthly payrnenls,
Upon paymenl in liill uCall SlllllS secmed by Ihis Secllrity Illslrulllent, Lelldèr shall promptly rdillltJ 10 norrllwer any
Fllnds held by Lender.
4. Chaq~csj Liens, Borrower sllilll pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can altain priority over Ihis Security Instillment, leasehold payments or ground rents onlhe Properly, if:IllY,
and Communily Association Dues, Ftes, and Assc·ssmcnts, iCany, To the txknl Ihdt these items are Escroll' Jlenls, Borrull'er
shall pay thelll in the manner provided in St,:ti',ln3., . . . .
Borrower shall prolllptly discharge any hen wInch has pnont)'over IIlls Sècunlylllstrlll11elll unless BllITnwer: (a)
agrees in writing to the paymeut orthe obligation securL'd by Ihe lien in a manner acCtplable to Lelldn, but ollly so long as
Borrowér is pe¡ Òrming such agreement; (b) CllllltStS the lien in good 1~lilll by, or dcfends against entìHTemc'nt oflh('liL.n in,
legal proceedings which in Ltnder's opinion operate to preVent tht en/llrcemenl of the lien Ilhilt IllOSè lJoccL'dings are
pending, but only IIntil such procèedillgs are concluded; or (c) SL'Cllres Ii 0111 Ihe hol,b of tile lien au agrèelntlll s:llisLlctnryto
Lender subordinating the lien tn Ihis Security Inslrument. JClen(kr determines Ikll any part of the Property is subject to a
lien which can a[lain priority over ¡his SeL'mity Instrulllent, Lender may give 130rroll'er a notice idt'n!il)'illg the lien. Within
10 days orlhe datt on which that uoliC(' is given, Bornlwer shall SdlislY the lien or take one or nwre oClhc actions sd Il'rlh
above in this Seclion 4.
Lender ma)' require Borrower to pay a one-timè chargè for a rt'al esta!,' tax verilicatillll and/or reporting service
used by Lender ill c:onnêction with this Loan.
5. Property lusurauce. narrower shall ké'L·p the improvemtnls now exisling or hc'reaft,·r elù'tl-d on Ihe Properly
insured againslloss by fire, hazards inclllded "ilhinlhè lerm "exknded coverage," :uld any otllcr hazards inL'luding, bllt not
Jilllilèd to, c'arlhquakes and 110mb, Jor which Lender requires insurance. This illsuranCé shall be' llIaintained in the amounts
(including dr'dllelib/e levds) and fix the periods Ihat Lender lél(uires, Wllat Lender requirès pursuant to Ihe prtceclillg
senknces can cllilllge during Ihe krm 01 the Loan. The insurance carrier prol'iding the insurancè shall be chosen by
Bormwer subjc'cI to r"lIder's righl to disappro\'e Borrower's l'hoice, which righl sl1:lllnol be exercisc'd unreasonably.
Lendc'r may requile Borrower 10 pay, iu cOlllleclinn wilh this Loan, l;ithèr: (a) a one-time l'l1arge le)r tlood mile
determination, cerlilìcation and tracking services; or (b) a one-time charge lin flood zone determination aud cerlilÌL'allon
services and subseC ueut charges each time relllappings or similar changes occur which rèasouably mighl aJìÙ·t such
c!tlermination or cert¡ icalion. Bormwer shall also be responsible li)r Ihe 11llymt'nl of any lees impnsed by Ihè Fedaal
Elllèrgencyl'vlanagelllent Agency in connection \Vi!h the review nr:lny tlood zone determination resulting lì'om an objection
by Oorrower.
If Borrower fails to mailllain any of the coverages described above, Lender may obtain insurance coverage, at
Lt'n!kr's option and Borr(J\ver's expellse. fendtI' is undtr no obligation to pllrL'hase any parlicular Iype or anlllUli1 of
coverage. Thl'idllre, sllch coverage shall cove'r Lender, but Illighl or mighlnot proled Borrower, Borrower's equity in Ihe
Property, or the contenls oflhe Property, agaillst :Iny risk, h:lZard or liability and might prol'ide greater or lesser cuvcrage
than was previously in etlì.:cl. 130ITow¿T acknuwblges tllal the cosl oftht' insurance ('o\'erag,o so oblainL·d rnighl signiliC:lIlll)'
exceed Ihe cost of insurance thai Borrower conld have ublailled. Any amounts disbursèd by lend,;r under Ihis SeC:liun 'í shall
become addilion:iI deb! ofBormwèr securt'd by this SecUlil)' Instrument. These al1l<HlIlls shall bear intert:sl at the Nule rale
fí'Ofl1 the dale of disbUlselllent and shall be payable, with such interest, upon notice' Irofl1 Lender to Borrower lùluesling
payment.
All insurance policies required by Lender and rtnewals or such policies slnll be subject to rendn's right to
disapprove such policies, shall ilKlude a standard morlgage clallse, and sh,iI name Lender as Illur(gagce and/ol as an
addilionalloss payee. Lender shall havè thc right 10 hold (he policies allll renewal cerlilicates. tfLender rt~'luires, 110rIDII'er
shall promplly give to Lender all receipts lJfp:lid premiullls ,llId rellewalllLltices, Irnorrower obtains ¡III)' ¡'JIm ofillsurallcc
coverage, not otherwise required by Lender, t(ìr damage 10, or destruction o( the Properl)', such policy shall include a
stalldard J1Jortgagt clause and shalll1ame Lender as mort,l'agee and/or :IS an addilionalloss payee.
W\'o,\IING--Singk F¡¡mily--Fannic ~lac/Fn'ddic ~Ia" lINIFon~1 NSTHlI~lENT F""II 3051 1/01 (I',,¡;e 3 o(7/'''gd)
97S9,CI' (HIS) 1,05t314 C..calin TJlinldng, tne,
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In the event of loss, Borrower sha/J give prompt notice to the insurance carrier and Lendc'r. Lender may make proof
ofloss ifnot made promptly by Borrower. Unless Lender and Borrower otherwise agree in Ivriting, any insurance proceeds,
whether or not the underlying insurance was required by Lendn, sha/J be applied to restoration or repair of the Property, if
the restoration or repair is economica/Jy feasible and Lender's security is not lessened. During such repair and restoration
period, 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 compkted to Lendn's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the rc:pairs and restoration in a sing!e pay11lent or j¡~ a series of progress
payments as the work IS completed. Unless an agreement IS made 111 wl'ltmg or .Apphcable LlI~ reqll1res mterest to be pend
on such insurance proceeds, Lender shall not be required to pay Borrower any mterest or earmngs on such proceeds. Fees
for public adjusters, or other third partics, retained by Borrower shall not be paid out of the insurance proceeds and shall be
the sole obligation of Borrower. [1' the restoration or repair is not economically fèasible or Lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,
with the excess, ifany, paid to Borrower. Such insurance proceeds shall be appliedm the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice ham Lender that the insurance carrier has oftèred to settJe a
claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either
event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) BOlTower's
rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,
and (b) any other of Borrower's rights (other than the right to any refì.md of unearned premiums paid by Borrower) under a/J
insurance policies covering the Property, insofar 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
Instrument, whether or not then due.
6. Occupancy. Borrower sha1l occupy, establish, aneltlse the Property as Borrower's principal residence within
60 days aner 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 of occupancy, unless Lender otherwise agrees in writing, which consent shall not
be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, !\Iaintenance and Protection of the Property; Iuspections.Borrower shall not destroy,
damage or impair the Property, allow the Property to dderiorate or commit waste on the Property. Whether or not Borrower
is residing in the Property, Borrower shall maintain the Property in order to prevent the Property fÜJlll deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically fèasible, Borrower shall promptly repair the Property ifdamaged to avoid further deterioration or damage. If
insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, BOll ower shall be
responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may
disburse proceeds for the repuirs and restoration in a single pay11lent or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not su flìcient to repair or restore the Property, BOlTower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections ofthe Property. Ifit has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or
prior to stich an interior inspection specifying such reasonable cause.
8. Borrower's Loau Application. Borrower sball be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or witb Borrower's knowledge or consent gave
materially false, misleading, or inaccurate inft11lnation or statements to Lender (or failed to provide Lender witb material
information) in connection with the Loan. Material representations include, but are not 1imited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
ea) BOlTower fails to perform the covenants and agreements contained in this Security Instrument, (b) tbere is a legal
proceeding that might significantly atlèct Lender's interest in the Property and/or rights under tbis Security Instrument (sucb
as a proceeding in bankruptcy, probate, for condemnation ort(wfeiture, for en[¡wcement ofa lien which may altain priority
over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender'sinterest in tbe Property and rights under this
Security Instrument, including protecting and/or assessing [he value of the Property, and securing and/or repairing tbe
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over
this Security InstnlIllent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the
Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing
the Property includes, but is not limited to, entering tbe Property to make repairs, change locks, replace or board up doors
and windows, drain water íi'om pipes, eliminate budding or otber code violations or dangerous conditions, and have utilities
turned on or olr Although Lender may take action under this Section 9, Lender does not have to do so and is not under any
duty or obligation to do so. It is agreed that Lender incurs no 1iability for not taking any or all actions authorizedllllder this
Section 9.
Any amounts disbursed by Lender under this Section 9 shaJ1 become additional debt of Borrower secured by this
Security Instrument. These amounts shaJ1 bear in!èrest at the Note rate fì-om the date of disbursement anel shalJ be payable,
with such interest, upon notice fì'om Lender to Borrower requesting paY1nent.
If this Security Instrument is on a leasehold, Borrower shaJ1 comply with aJ1 the provisions of the lease. If Borrower
acquires fee title to the Property, the Icasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
]0. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
BOIl'ower shall pay the premiums required to maintain the tvlortgage Insurance in effect. It; for any reason, the Mortgage
Insurance coverage required by Lender ceases to be available fi'om the mortgage insurer that previously provided such
insurance and Borrower was required to make separately designated payments toward the premiums for l'vlortgage Insurance,
Borrower shalJ pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously
in eftèct, at a cost substantially equivalent to the cost to B01Tower of the Mortgage Insurance previously in eftèct, fi'om an
alternate mortgage insurer selected by Lender. Ifsubstantially equivalent Mortgage Insurance coverage is not available,
BOITower shall continue to pay to Lender the amount ofthe separately designated payments that were due when the insurance
coverage ceased to be in eflèct. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of
Mortgage Insurance. Such loss reserve sha1l be non-refundable, notwithstanding the t~lct that the Loan is ultimately paid in
full, and Lender shall not be required to pay BorlOwer any interest or earnings on such loss reserve. Lender can no longer
reqnire loss reserve payments if Mortgage' Insurance coverage (in the amount and for the period that Lender reqnires)
provided by an insurer selected by Lender again becomesavailabJe, is obtained, and Lender requires separately designated
payments toward the premiums for Mortgage lnsurance. If Lender required Mortgage Insurance as a condition of making the
Loan and Borrower was required to make separately designated payments toward the premiums tor Mortgage Insurance,
BOll'ower shall pay the premiums required to maintain Ivlortgage Insurance in eflèct, or to provide a non-refundable loss
reserve, until Lender's requ~rement tor l'vlort~ag~ Insurance end~ in ac~ordance with any written agreement be~ween
Borrower and Lender provldmg for such tennmatlOn or untIl tenmnatJon IS reqlllred by Applicable Law. Nothmg m tins
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force fi'om time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on kilns and conditions
WYOI\IJNG--Single Family--Fallllic 1\[;¡e/Frcddie I\Jac lINIFOHl\1 INSTRUI\lENT Forlll3051 1/01 (page" of7 pages)
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that are satisflrctory to the mortgage insllrer ~md the other party (or parties) to these agreements. These agreements may
require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include fllnds obtained fi'om ¡Vlorlgage Jnsuranee premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity,
or any afliliate of any of the foregoing, may receive (directly or indirectly) amoullts that derive 1i'om (or might be
characterized as) a portion of ßorrower's payments for Mortgage Insurance, in exchange for sharing or modifYing the
mortgage insurer's risk, or reducing losses. If such agreement provides that an atl1liate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is olìen to:rmed "captive
reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms ofthe Loau. Such agreements will uot increase the amount Borrower will owe for
1\1 ortgage Insurance, and they will not entitle Borrower to any refnnd.
(b) Any snch agreements w¡lInot affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of1998 or an)' other law. These rights may include the right to
receive certain disclosures, to request and obtai II cancellatiou of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, and/or to rcceive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination,
11. Assignment of Miscellaneous Proceeds; Forfeiture. All J\tliscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
Jfthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such tvfiscellaneous Proceeds until Lender has had an opportunity to inspect such
Property to ensure the \Vork has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. lender may pay tÒr the repairs and restoration in a singk disbursement or in a series of progress payments as the
work is completed. Unless an agreement is made in wriling or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
Proceeds. Jfthe restoration or repair is not economically feasible or lender's security would be lessened, the f\,liscellaneous
Proceeds shall be applied to the sums secured by this Securily Jnstrument, whether or not then due, with the excess, if any,
paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event ofa total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower.
In the event ofa partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately belDre the partial taLiug, destruction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument immediately betè)re the partial taking, destruction, or loss in value, unless Borrowt'r and
Lender olherwise agree in writing, the snms secured by this Security Instrument shall be reduced by the amonnt of the
¡vfiscellaneous Proceeds multiplied by the tDlIowing fraction: (a) the total amount ofthe sums secured immediately be/ore the
partial taking, destruction, or loss in valne divided by (b) the fair markd value of the Property immediately befÒre the partial
taking, destruction, or loss in value. Any balance shall be p¡Ùd to Burrower.
In the event ofa partial taking, destruction, or loss in value of the Property in which the flrir market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the SUIllS secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing,
the Miscellaneous Proceeds shall be applied to the sums secured by this Security Jnstrulllent whether or not the SlUllS are then
due.
If the Property is abandoned by Borrower, or if, ailer notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim tDr damages, Borrower bils to respond to Lender
within 30 days aner the date the notiee is given, Lender is authorized to collect and apply the !vIiscellaneous Proceeds either
to restoration or repair of the Property or to the SlUl1S secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom ßorrower
has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could resuJt in forfeiture of the Property or other makrial impairment of Lender's interest in the Property or rights
under this Security Jnstrument. Borrower can cure such a default and, ifacceleration has occurred, reinstak as provided in
Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, prcclildes ¡ixlèiture
of the Property or other material impaillllent of Lender's interest in the Property or rights under this Security Instrument. The
proceeds of any award or claim for damages that are attributable to the impairment of lender's interest in the Propèrty are
hereby assigned and sha/J be paid to Lender.
A II Miscellaneous Proceeds that are not applied to restoration or repair or the Property shall be applied in the order
provided tor in Section 2.
12. Borrower Not Releasee!; Forhcarancc By Lendcr Not a '''aivcr. Extension of the time le)r pa"1)1ent or
modi fication of amortization orthe Sluns secured by this Security Jnstrument granted by Lender to Borrower or any Successor
in Inlèrest of Borrower shall not operate to release the liability of ßorrower or any Successors in Interest of Borrower.
Lender sha/J not be required to commence proceedings against any Successor in Interest ofUorrower or to refllse to extend
time tor payment or otherwise modily amortization of the sums secured by this Security [nstrumcnt by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising anyright
or remedy including, without limitation, Lender's acceptance of payments fiom third persons, entities or Successors in
ln1erest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy.
13. Joint and Several Liahility; Co-signers; Successors and Assigns Bound. BOIl'ower covenants and a!:,JTees
that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument bnt does not execute the Note (a "co-signer"): (a) is co-signing this Security [nstrulllcnt only to mortgage, grant
and convey the co-signer's interest in the Property under the terms of this Security lnstrument; (b) is not personallyobligatcd
to pay the sums securèd by this Security Instrument; and (c) agrees that L.ender and any other Borrower can agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or thc Note without the co-
signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes BOlTower's obligations
under this Security Jnstrument in writing, and is approved by Lender, sha/J obtain ¡¡II of Borrower's rights and benetìts under
this Security Instrument. Borrower shall not be releasèd hom BOlTower's obligations and liability undcr this Security
Instrument unless Lender agrees to such reJease in writing. The covenants and agreements of this Security Jnstrument shall
bind (except as provickd in Section 20) and bènefìt the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower lèes for services performed in connection with Borrower's
defuuJt, for the purpose ofprutecting Lender's interest in the Property and rights under this Security Instrument, including,
but not limited to, attorneys' fees, property inspection and valuation 1èes. In regard to any other fees, the absence o I' express
authority in this Security Instrument to charge a speci fic fee to Borrower sha/J not be construed as a prohibition on the
charging of such tèe. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable
Law.
If the Loan is subject to a law which sets maximum loan charges, and that Jaw is fìnaJIy intcrpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a)
WYOI\IING·-Sin!$le f'amily--F:onnic I\lae/Frcudic Mac UNIFORM INSTIHL\IENT
9789CV (4/05) 1,051314
Form 3051 I/O I (page -' of 7 pages)
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any such loan charge shal] be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected li'om BOITower which exceeded pcrmitted limits will be refunded to BOITower. Lender may choose to make
this refund by reducing the principal owed under the Note or by mak ing a direct payment to BOITower. 11' a refund reduces
principal, [he reduction wi I] be treated as a partial prepa~1l1ent without any prepayment charge (whether or nota prepayment
charge is provided tor under the Note). Borrower's acceptance of any such reJÙnd made by direct payment to Borrower wi]l
constitute a waiver of any right of action Borrower might huve arising out of such overcharge.
15. Notkes. A]] notices given by Borrower or Lender in connection 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 BOITower
when mailed by first class mail or when actually delivered to Borrower's notice address ifsent by other means, Notice to any
one Borrower shall constitute notice to all BOITowers unless Applicable Law expressly requires otllelwise. The notice
address sha]] be the Property Address unless Borrower has desi¡''l1ated a substitute notice address by notice to Lender.
BOlTower shall promptly notifY Lender of Borrower's change of address. Jf Lender specifies a procedure lor reporting
Borrower's change of address, then BOlTower shall only report a change of ad dress through that specitìed procedure. There
may be only one designated notice address under this Security fnstrument at anyone time. Any notiœ to Lender shal] 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 by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have
been given to Lender until actually received by lender. ff any notice required by this Security Instrument is also required
under Applicable Law, the AppJicable Law requirement will satis/)' the cOlTesponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Jnstrument shal] 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 limitations of Applicable Law. Applicable Law might explicitlyor
implicitly allow the parties to agree by coutract or it might bL' silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security fnstrument or the Note conflicts with
Applicable Law, such conflict shall not affect other provisions of this Security fnstrument or the Note which can be given
e1rect without the conflicting provision.
As used in this Security Jnstrument: (a) words of the masculine gender shall mean and include cOITesponding neuter
words or words of the tèminine gender; (b) words 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. Horrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Benelicial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneíìcial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future elate to a purchaser.
1 fall or any part of the Property or any Interest in the Property is sold or transfelTed (or if Borrower is not a natural
person and a bene1ìcial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate pa~~llent in full of all sums secured by this Security Jnstrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
J fLender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days fi'om the date the notice is given in accordance with Section 15 within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Sècurity fnstrument without further notice or dèllland on BOlTower.
19, Borrower's Right to Heinstate After Acceleration. I f Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earJiest of (a) five days
be10re sale of the Property pursuant to any power of sale contained in this Security lnstrument; (b) such other period as
Applicable Law might specify tor the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this
Sècurity Instrument. 'Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
Security Jnstrument and the Note as if no acceleration had occurred; (b) cures any detàult 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 valuation fees, and other fees incurred for the purpose of protecting Lcnder's interest
in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to
assure that Lender's interest in the Property and rights under this Security fnstrument, and Borrower's obligation to pay the
sums secured by this Security Instrument, shaH continue unchanged. Lender muy require that Borroller pay such
reinstatement sums and expenses in one or more of the jè)llowing forms, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, plOvided any such check is drawn upon an institution
whose deposits are insured by a fèderal agency, instrumentality or entity; or (d) Electronic Funds Transtèr. Upon
reinstatement by Borrower, this Security fnstrument and obligations secured hereby shall remain fully etfective as ifno
acceleration had occurred, However, this right to reinstate shaH not apply in the case of acceleration under Sèction 18.
20. S¡lle of Note; Change of Loan Servicer; Notice of GrienlIlce. The Note or u partial interest in the Note
(together with this Security Jnstrument) can be sold one or 1I10re times without prior notice to Borrower. i\ sale might result
in a change in the entity (known as the "Loan Servicer") that colkets Periodic Payments due under the Note and this Senuity
Jnstrument and perfì:mns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
Law. There also might be one or more chauges of the Loan Servicer unrelated to a sale ofthe Note, If there is a chauge of
the Loan ServiceI', Borrower will be given written no lice of the change which will state the name and address orthe new
Loan ServiceI', the address to which payments should be made and any other information RESP A requires in connection with
a notice of transfer of servicing. ¡fthe 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 BOlTower will remain with the Loan ServiceI' or be
transJèrred to a successor Loan Servicer and are not assumed by the Note purchaser un]ess otherwise provided by the Note
purchaser.
Neithtr Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member ofa class) that arises fj'om the other party's actions pursuant to this Security Instrumeut or that allegcs
that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
BOlTower or Lènder has notiJìed the other party (with such notice given in compliance with the requirements of Section 15)
of such alleged breach and a/lorded the other party hereto a reasonable period after the giving of such notice to take
corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deèmed to be reasonable for purposes of this paragraph. The notice ofaccelera(jon and opportunity to cure
given to Borrower pursuunt to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hnzardous Snhstances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
the jurisdiction where the Property is located that relate to health, safèty or environmental protection; (c) "Environmental
Cleanup" includes any response action, remedial action, or removal action, as delìned in Environmental Law; and (d) an
"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
WYOMING--Singk FamilynFannie Mac/Freddie 1\Iac lINIFOHJ\lINSTIHIJ\IENT
9789,CV (4/05) 1-051314
Form 3051 1/01 (page 6 of7 page,)
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Witnesses:
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in thtò Property, Borrower shall not do, nor allow anyone clse to do,
anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release 01''1 Hazardous Substance, creates a condition that adversely
affects the value of the Property. 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 10 normal residential uses and to
mainknance of the Property (including, but not limited 10, hazardous substances in consumer products).
Borrower shall promptly give LCllder written notice of (a) any investigation, claim, demand, lawsuit or other action
by any go\'elllmental or regulatory agcncy or private party involving the Property and any Hazardous Substance or
Environmental Law of which !3olTower has actual knowkdge, (b) any Environmental Condition, including but not limited to,
any spilling, leaking, discharge, release or threat ofrelease arany Hazardous Substance, and (c) any condition caused hy the
presence, use or release ofa Hazardous Substance which adversely aflects the value of the Property. fl3orrower 1c~lIllS, or is
notified by any govelllmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
accordance with Environmental Law. Nothing herein shall create any obligation on Lender f¡x an Envin1nl11tòntal Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as lûllows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's bl'eHch of any covenant or agreement in this Security IlIstrument (but not prior to Hcceleration under
Section 18 unless Applicable Law provides otherwise). The uotice shall specify: (a) the default; (b) the Hetion
I'equired to cure the defanlt; (c) a date, uot less than 30 days frolll the date the notice is given to Borrower, by which
the default must be cnred; and (d) that failure to cure the defHult on or before the d¡¡te specilied in the notice may
result in acceleration of the snms secured by this Security Instrument Hnd sale of the Property. The notice shall
further inform Bon-owCl' oUhe right to reillstate aftel- accelenltion Hnd the right to bring a l:ourt aetion to assert the
non-existence ofH defanlt or any other defense of Borrower to acceleratioll and sale. Hlhe default is not cured on or
before the date specitied in the notice, Lender at its option lIlay reqnire immediate payment in full of all sums
secured by this Security Instrument without further demand and may invoke the power of sale and any other
remedies permitted by Applicable Law. Lellder shall he entitled to collect all expenses incurred ill pursuing the
remedies provided in this Section 22, inclnding, hnt lIot limited to, reasonahle attorneys' fees and costs of title
evidence.
If Lender invokes the power of sa Ie, Lender shall give notice of in tent to foreclose to Borrower ~1nd to the
person in possession of the Property, if different, in Hccordance with
Applicable Law. Lender shall give notice of the sale to Bon-ower in the m¡¡nner provided in Seetion 15. Lender
shall publish the notice of s¡¡le, ¡¡nd the Property shall be sold in the manner prescribed by Applicahle Law, Leuder
or its designee may purchase the Property at any sale. The proceeds of the sale shall he applied in the following
order: (a) to all expenses of the sale, including, but not limited to, reasonable at1orneys' fees; (b) to all sums secured
by this Security Instrulllent; and (c) any excess to the persou or persons legally entitlcd to it.
23. . Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. BOlTower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the tèe is paid to a third party for services rendered and the charging of the fèe is permitted under
Applicable Law.
24. '''aivers. Borrower releases and waives all rights under and by virhle of the homestead exemption laws of
Wyoming.
BY SlGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instnnnent and in any Ridcr executed by Borrower and recorded with it.
The James F. Odle and Jessie L. OdIc Living Trust,
datc,d 0 ·(riber 20, 20,03, J%'I1.es F. OdIc and Jess.·ie L.
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n6mmcr Jessie L. OdIc, Trustee
Borrower
(Seal)
Borrower
(Seal)
[Space Below This Line For Acknowledgment]
STATE OF County ss:
On this ~~ clay of November ,-2º-º~, before me, the undersigned, a Notary Public in
and for said State, personally appeared :[!!~_Æ,!mes F~dle and Jessie L. OdIc Livin,Lfrust dated October 20,
200~Ja_mes F. Odic and .Jessie L. OdIc, Trustees
(known to me) (or proved to me on the basis ofsatisl11ctory evidence) to be the person(s) whose name(s) arc
subscribed to the foregoing instrument and acknowledged that __~they _ executed the same. ----~
WITNESS my hand and official seal.
(ReSerVec fOl::q~lc.i~!~eal) .
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WYOMING--Single Family--Fanni" Mae/Freddie I\lac lINIFOHM INSTHIJI\IENT Form 3051
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Crcatil'e Thillkillg, Inc.
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ADJUSTABLE RATE RIDER
THIS ADJUSTABLE RA TE RIDER is made this 1st day of November 2005
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed
(the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's
Adjustable Rate Note (the "Note") to Mid America Mortgage Services, Inc.
(the "Lender") of the same date and covering the property described in the
Security Instrument and located at:
39 Pineview Circle Thayne, WY 83127
[Property Address]
NOTICE: THE SECURITY INSTRUM ENT SECURES A NOTE WHICH CONTAINS A
PHOVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE
INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE
INTEREST RATE WILL RESULT IN LOWER PA Yl\1ENTS.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in hc Security Instrument,
Borrower and Lender further covenant and agree as foJlows:
A. INTEREST RATE AND SCHEDULED l' A YMENT CHANGES
The Note provides for an initial interest rate of
and the payments, as foJlows:
5.250 %. The Note provides for changes in the interest rate
3. Payments
(A) Scheduled Payments
AJI references in the Security Instrument to "monthly payments" are changed to "schedu]ed payments".] will pay
principal and interest by making payments when scheduled: (mark one):
ŒJ I will make my scheduled payments on the first day of each month
beginning on January 1,2006
o I will make my scheduled payments as follows:
o In addition to the payments described above, I wiJl pay a "balloon payment" of $
on . The Note Holder will deliver or mail to me notice prior to maturity
that the baJloon payment is due. This notice will state the baJloon payment amount and the date that it is clue.
MULTISTA TE ADJUSTABLE RATE RIDER
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(B) Maturity Date and Place of Payments
I will make these payments as scheduled until I have paid all of the principal and interest and any other charges
described in the Note.
My scheduled payments will be applied to interest before principal. If,on__ December 1,2035 , I still
owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date".
I will make my scheduled payments at 200 E Waluut St Columbia, J\IO 65203
or at a different place if required by the Note Holder.
(C) Amount of My Initial Scheduled Payments
Each of my initial scheduled payments will be in the amount of U.S. $ 993.97
change.
This amount may
(D) Scheduled Payment Changes
Changes in my scheduled payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay, The Note Holder will determine my new interest rate and the changed amount of my scheduled
payment in accordance with Section 4 of the Note.
4. INTEREST RA TE AND SCHEDULED P A YM ENT CHANGES
(A) Change Dates
Each date on which my interest rate could change is called a "Change Date". (Mark one)
[X] The interest rate I will pay may change on the first day of December 2007
day every 24th month thereafter.
o The interest rate I will pay may change and on every
thereafter.
and on that
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is monthly
weighted average cost of savings, borrowings :lIld advances of members of the Federal Home Loan Bank of San
Francisco
The most recent Index figure available as of the date [X] 45 days 0
before each Change Date is called the "Current Index".
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and 625/1 000
percentage points ( 2.625 %) to the Current
Index. The result of this calculation:
D will not be rounded otT.
[X] will be rounded off by the Note] lolder to the nearest 0.125 %.
D will be rounded off by the Note Holder up to the nearest %.
D will be rounded off by the Note Ilolder down to the nearest %.
Subject to the limitations stated in Section 4(D) below, this amount will be my new interest rate until the next Change
Date.
The Note Holder will then determine the amount of the scheduled payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in
substantially equal payments. The result of this calculatinn will be the new amount of my scheduled payment.
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(D) Limits on Interest Rate Changes
ŒI My interest rate will never be increased or decreased on any single change date by more than 1.000
percentage points from the rate of interest 1 have been paying for the preceding period.
ŒI My interest rate will never be greater than 10.000 '% or less than 2.625 %.
(E) Effective Date of Changes
,My new interest rate will become effective on each Change Date. 1 will pay the amount of my new scheduled
payment beginning on the first scheduled payment date after the Change Date until the amount of my scheduled
payment changes again.
(F) Notice of Changes
At least 25 days, but no more than 120 days, before the effective date of any payment change, the Note Holder
will deliver or mail to me a notice of any changes in lIlY interest rate and the amount of my scheduled payment. The
notice will include information required by law to be given me and also the title and telephone number of a person who
will answer any question I may have regarding the notice.
B. FUNDS FOR TAXES AND INSURANCE
[Mark one]
ŒI Uniform Covenant 3 of the Security Instrument is waived by the Lender.
o Uniform Covenant 3 of the Security Instrument is amended to read as follows:
2. SCHEDULED PAYMENTS FOR TAXES AND INSURANCE
(A) Borrower's Obligations
I will pay to Lender all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if
any), and hazard insurance on the Property and mortgage insurance (if any). I will pay those amounts to Lender unless
Lender tells me, in writing, that I do not have to do so, or unless the law requires otherwise. I will make those
payments on the same day that my scheduled payments of principal and interest are due under the Note.
Each of my payments under this Paragraph 2 will be the sum of the following:
(i) The estimated yearJy taxes and assessments on the Property which unckr the Jaw may be superior to
this Security Instrument, divided by the number of scheduled payments in a year; plus,
(ii) The estimated yearJy leasehold payments or ground rents on the PropeI1y, if any, divided by the
number of scheduled payments in a year; plus
(iii) The estimated yearJy premium for hazard insurance covering the Property, divided by the number of
scheduled payments in a year; phIS
(iv) The estimated yearly premium for mortgage insurance (if any), divided by the number of scheduled
payments in a year.
Lender will estimate from time to time my yearly taxes, assessments, leasehold payments or ground rents and
insurance premiums, which will be called the "escrow items". Lender will use existing assessments and bills and
reasonable estimates of future assessments and bills. The amounts that I pay to Lender for escrow items unckr this
Paragraph 2 will be called the "Funds".
(B) Lender's Ohligations
Lender will keep the Funds in a savings or banking institution which has its deposits or accounts insured or
guaranteed by a federal or state agency. If Lender is SLlch an institution, Lender may hold the Funds. Except as
described in this Paragraph 2, Lender will lIse the Funds to pay the escrow items, Lender will give to me, without
charge, an annual accounting of the Funds. That accounting IlIlISt show all additions to and deductions from the Funds
and the reason for each deduction.
Lender may not charge me for holding or keeping the Funds, for using the Funds to pay escrow items, for
analyzing my payments of Funds, or for receiving, verifying and totaling assessments and bills. However, Lender may
charge me for these services if Lender pays me interest on the Funds and if the law permits Lender to make such a
charge. Lender will not be required to pay me any interest or earnings on the Funds unless either (i) Lender and I
agree in writing, at the time] sign this Security Instrument, that Lender will pay interest on the Funds; or (ii) the law
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(C) Adj ustments to the Funds
If Lender's estimates are too high or if taxes and insurance rates go de)\', n, the amounts that I pay under this
Paragraph 2 will be too large. If this happens at a time when I am keeping all of my promises and agr<::cments made in
this Security Instrument, [ will have the right to have the excess amount either promptly repaid to me as a direct refund
or credited to my future scheduled payments of Funds. There will be excess amounts if, at any timc, the sum of (i) the
amount of Funds which Lender is holding or keeping, plus (ii) the amount of the scheduled payments of Funds which
I still must pay between that time and the due dates of escrow items is greater than the amount necessary to pay the
escrow items when they are due.
If, when payments of escrow items are due, Lender has not received enough Funds to make those payments, I
will pay to Lender whatever additional amount is necessary to pay the escrow items in fulL I mllst pay that additional
amount in one or more payments as Lender may require.
When I have paid all of the sums secured, Lender will promptly refund to me any Funds that are then being held
by Lender. If, as a result of the exercise by Lender of any of its rights under this Security Instrument, either Lender
acquires the Property or the Property is sold, then immediately before the acquisition or sale, Lender will use any
Funds which Lender is holding at the time to reduce the sllIns secured.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable
Rate Rider.
The James L. Delle and Jessie L. Odle Living Trust,
dated October 20, 2003, James F. Odle and Jessie L. Ocne, Trustees
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PLANNED UNIT DEVELOPl\1ENT RIDER
THlS PLANNED UN1T DEVELOPMENT RIDER is made this _lL dayoC__~{)-'-~-'!1.IJ..I:'=---,
.-100~, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure
Borrower's Note to l\Ud Allleri~a Mortgage ServitesJ!!c.
(the "Lender") of the same date and covering the Property described in the Security Instrument and located at:
39 Pin~view CÎJ~£}~ Th~12:~le, WV 83127
[Property Address]
The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such
parcels and certain common areas and fàcilities, as described in Conditions and Restl'ic~ons J!'-Qec~ra!..0n, to
whic1Lgf~renC~Æreby made. fìM.h.Y.L.~¡m[~S-ªlkYJnc.. recQ.!llcdB.:lS::l977 LMJlook 138PR>---
J>.a1!~4 03 .As..ÅIllellded_hY.JIl£lnunellLdated12~11=.l9.21.xe.c..onl.e1Ub12::l29.LaUlili1k305PJLl).a~
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(the "Declaration"). The Property is a part of a planned unit development known as
L~h!!re VM~Y..LInc.
[Name of Planned Unit DeveJopment]
(the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities ofthe PU D (the "Owners Association") and thc uses, benefits
and proceeds of Borrower's interest.
PIID COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's
Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation,
trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or
other rules or regulations ofthe Owners Association. Borrower shall promptly pay, when due, al1 dues and
assessments imposed pursuant to the Constituent Documents.
ß. })roperty Insurance. So long as the Owners Association maintains, with a generally
accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfàctory to
Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods,
and against loss by fire, hazards included within the term "extended coverage," and any other hazards,
including, but not limited to, earthquakes and tloods, tor which Lender requires insurance, then: (i) Lender
waives the provision in Section 3 for the Periodic Payment to Lender ofthe yearly premium installments tor
propeliy insurance on the Property; and (ii) BOIl'ower's obligation under Section 5 to maintain property
insurance coverage on the Propeliy is deemed satisfied to the extent that the required coverage is provided
by the Owners Association policy.
What Lender requires as a condition of this waiver can change during the tem1 of the loan.
BOlTower shall give Lender prompt notice of any lapse in required property insurance coverage
provided by the master or blanket policy.
In the event of a distribution of propeJiy insurance proceeds in lieu of restoration or repair
following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to
Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums
secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance. BOlTower shaH take such actions as may be reasonable to insure
that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and
extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct or consequential,
payable to Borrower in connection with any condemnation or other taking of all or any part ofthe Property
I\IULTISTATE PUD RIDER--Single Family--Fallllie Mac/Freddie J\ ac LlN]FORI\IINSTRll~J~~Y'lT .//(0 For/113150 1/01,
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or the cOll1mon areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the
Security Instrument as provided in Section 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with
Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment
or tell11ination of the PU 0, except for abandonment or termi nation req ui red by law in the case of substantial
destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any
amendment to any provision of the "Constituent Documents" if the provision is for the express bene lìt of
Lender; (iii) termination of professional management and assumption of self-management of the Owners
Association; or (iv) any action which would have the effect of rendering the public liability insurance
coverage maintained by the Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay PU 0 dues and assessments when due, then Lender may
pay them. Any amounts disbursed by lender under this paragraph F shall become additional debt of
Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of
payment, these amounts sha1l bear interest fi-om the date of disbursement at the Note rate and shall be
payable, with interest, upon notice fi"om Lender to Borrower requesting payment.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider.
The James F. Odle and Jessie L.
October 20, 2003, James F. Odle
(Seal)
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Jessie L. OdIc, Trustee
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(Seal)
Borrower
MULTISTATE pun RIDER--Single Fal11ily--Fannie ~J:¡c/Freddie Mac UNIFORM INSTlUIÎ\! ENT
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