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Home My WebLink About913920 ,',·,'1',',',1,',',' " ...'....J..,.........,.... 50898 (04) ~--- r- r\ 0 P' I"' '3 " , r ' ~ ;. '-, ~I ' ',.' ,.1 \J v V After Recording Return To: RECEIVED 11/22/2005 at 10:47 AM RECEIVING # 913920 BOOK: 605 PAGE: 553 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY GMAC Mortgage Corp. 100 Witmer Road Harsham, PA 19044-0963 ATTN: Records Management [Space Above This Liue For Recording Data] Loan No. 589382803 MIN 1000375-0589382803-1 MORTGAGE \0 DEFINITIONS Words used in multiple sections of this document are defined below and other words are ddined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the lIsage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 19, 2 005 , together with all Riders to this docllment. (B) "Borrower" is William D. Campbell and Sheryl L. Campbell, husband and wife ¿ i D)¡ Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nonnnee for Lender and Lender's successors and assigns. l\IERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. \VYOl\1ING -- Single Pamily -- Pamue Mae/Preddie Mac ~ I ¿" UNIFORM IN~'TRUMENT Form 3U51 1/01 (Page 1 of 18) 326689070 Ilútiuls: (¡!/ '(){! 346 GMACM - CMS.0042. \VV (0001) r~"~. 0/"-\; l,._;.. ':'~" , ".. '- !. '~'.';' .', . ~ ' . r'lìr'r::'5 r¡ '; : I ~ t t\- -.' ...J \. \J ..... (0) "Lender" is GMAC Mortgage Corporation 4"""·0' .,. -' " '. ~ ~ t 0)'011 Lender is a Corporation laws of Pennsylvania 100 Witmer Road, P.O. Box 963, Horsham, PA organized and existing under the , Lender's address is 19044 (E) "Note" means the promissory note signed by Borrower and dated November 19, 2005 . The Note states that Borrower owes Lender One Hundred Five Thousand and 00/100 Dollars (U.S. $ 105,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all SUIllS due under this Sc:curity Instnnnc:nt, plus interc:st. (II) "Riders" means all Riders to this Security Instrument tllat are executed by Borro\ver. The following Riders are to be executed by Borrower [check box as applicable]: D D D Adjustable Rate Rider Balloon Rider Otl1er(s) [specify] D Condominium Rider rn D Biweekly Payment Rider D D Planned Unit Development Rider Second Home Rider 1-4 Family Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have tile effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed 011 Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" 111(:ans any transfer of funds, 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 autllOrize 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 telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means tllOse items that are described in Section 3. (1Vl) "IHiscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tl1ird 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 otl1er taking of all or any part of tl1e Property; (iii) conveyance in lieu of cOlldèl1lnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of tl1e Property. \VYOJ\.HNG '- SUIg1e Pamily -- Pa1U1ie Mae/Preddie Mac UNIFORM INSTRUMENT Form 3051 1101 GMACM - CMS.0042.WY (0001) (Page 2 of 18) Initials: .,4/ {X' j'r/¿ J" 'j :- ~i. . '1 ~ '.! .~:.~ L:.~i . i ..' " ";;.1 ¡:.'. ~ ,;.. , (;Y~¡~~:l.q20 ,r' (\ (' !':- ~. r:- '.., \j' \.: ..J 0 J (N) ",Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) . "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. {P) "RESPA" means the Real Estate Settlement Procedures Act (12 use. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F .R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to 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 RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Par this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County [Type of Recording Jurisdictionl of Lincoln [Name of Recording Jurisdietionl SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 758 Terrace Drive, [Street] Alpine , Wyoming 83128 ("Property Address"): [City] {Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instnllnent. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to tl1e interests granted by Borrower in tl1Ïs Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has tlle right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell tlle Property; and to take any action required of Lender including, but not limited to, releasing and canceliug this Security Instrument. \VYOJ\IING -- Single Family.. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042. \VY (OOOI) (Page 3 (118) l¡útials: tv',lJ c-. )I Þf L r-"~ :'.\ ;:;~;; j j 1¡¡¡I;¡ ~~1 ~l: j-:): :.;1;;;1;1;,;1:1:';,; ., -; :I~';':';"': ':';. .. v, """i[¡ì:. ,;~' .:~- ~:~,~ r· .... i . 1'. r- .... . '.' ~ . .... ¡.., to) . ! ~: V V \) 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 title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonll covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lencler covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funcls for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the 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 Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at [J¡e location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficiènt to bring the Loan current. Lender may accept any payment or partial payment insufticient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and ù1Ís Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as oÙlerwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under ÙIe Note; (h) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in ÙIe order in which it became due. Any remaining amounts shall be applied tirst to late charges, second to any other amounts due under ù1Ís Security Instrument, and then to reduce the principal balance of the Note. LOAN NO: 589382803 \VYOJ\HNG -- Singl. Family -- Famú. MadFr.ddi. Mac UNIPORM INSTRUMENT Form 3051 1101 GMACM - CMS.0042.WY (0001) (Page 4 of 18) Initials: ¿t/ ~ ¿ ).:i~ \rr,~10' ..;...~··~,w ('nr~57 '..' U \: V i If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sut1ïcient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more I\:riodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. . Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Notc is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and aIJ insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Escrow Item. Borrower shall promptly funúsh to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay Ùle Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In Ùle event of such waiver, Borrower shall pay directly, when and where payable, Ùle amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in ùtis Security Instnunent, as Ùle phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, lender may exercise its rights under Section 9 and pay such amount and Borrower shaIJ then be obligated under Section 9 to repay to lender any such amount. Lender may revoke Ùle waiver as to any or all Escrow Items at any time by a notice given ill accordance wi Ùl Section IS and, upon such revocation, Borrower shall 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 amount (a) sufficient to permit Lender to apply Ùle Funds at the time specified under RESPA, and (b) not to exceed Ùle maximum amount a lender can require under RESPA. Lender shall estimate Ùle aIUount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or oÙlerwise in accordance with Applicable law. LOAN NO: 589382803 \VYOl\HNG u Single Pamily -- Pannie Mae/Preddie Mac UNIFORI\'f INSTRUMENT Form 3051 l/01 GMACM - CMS.0042.WY (OOOI) (Page 5 of 18) IJùtials: WDr¿ dJf~ ~.~ ~."'" ~."~ ·c· ".-;~:-;."'·'.'.r' ,'.. ¡.- '-. , ~:. 0'_, .-':, .,~,1>U'íi1' ~ . ".. ... : . : .....-: .......:Jj r" {-"¡ r", r- ~. ',' V' ~ , .'... '8 \: .....1 \.) Ö The Funds shall be held in an institution whose deposits are insured by a kdaal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specitied under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the F:unds. Lender shall give to Borrower, wit]¡out charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as de1ined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify BoÙower as required by RESPA, and Borrower shall pay to Lender the alllount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deticjency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secuœd by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to Ùre Property whiclr call attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the maImer provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument mùess Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests tlre lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating tlre lien to this Security Instrument. If Lender determines tlrat any part of tlle Property is subject to a lien which can attain priority over tlris Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of tlle date on which that notice is given, Gorrower 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 charge for a real estate tax veri tication and/or reporting service used by Lender in connection with ùris Loan. 5. Property Insurance. Borrower shall keep tlle improvements HOW existing or hereafter erected on tlre Property insured against loss by tire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, eartllquakes and Hoods, for which Lender reqnires insurance. This insurance shall be maintained in the amounts \VYOl\fING -- Single Family -- Famie Mae/Fredd" Mac UNIFOIZM IN5ïRUMENT Form 3051 1/01 GMACJ\l - CMS.0042. WY (0001) (Page 6 of 18) luitials: w])~ ,d~G ;';"'..:1;':"';'-"',1' . ~, ',' , '.:.:. ', . \ / '; ~,1 )' ,~=~I ~._ ,.r,',U·~'·' "i _.WJ ~, (, :J.,,-, ,", " ¡") ,-.. ..... ., , ,'\ .' ....9 :", U \) ...; .J \. (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for t100d zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender lIIay obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of tile insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at tile Note rate from tile date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting paymtnt. All insurance policies rtquired by Lender and renewals of such policies shall be subject to Ltnder's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee andlor as an additional loss payte. Lender shall have the right to hold tile policies and rentwal certiticates. If Lender rtquirts, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otilerwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss payee. In Ùle event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. Unltss Lender and Borrower otherwise agree in writing, any insurance proceeds, whetiler or not the underlying insuranCt was required by Lender, shall be applied to restoration or rtpair of the Property, if the restoration or repair is economically feasible and Ltnder's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds uutil Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided tilat such inspection shall be undertaken promptly. Lender may disburse proceeds for tile repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance procet:cls, Lender shall not be required to pay Borrower any interest or earnings 011 such proceeds. Fees for public adjusters, LOAN NO: 589382803 \VYOÌ\lING -- Single Family., Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042.\VY (0001) (Page 7 of 18) l¡útials: Lu1)C ç¿J tI é-- 1-\ ' :"(\ , , ');',.;1;_;;,1,',;, 1.-,-, ..,....:.:.,.:.;.:.:.:,..., '~UT..'P, ,_.1 i It: .~._ .....-.J ,-. .; i'ì 0 ""' ·'·\j(;"'60· . V . or otiler tilird parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be tile sole obligation of Borrower. If the restoration or repair is not economically fèasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sLIms secured by this Security Instrument, whetiler or not tilen due, with tile excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance claim and related matters. If Borrower does not respond witi1Ïn 30 days to a notice from Lender tilat tile insurance carrier has offered to settle a claim, then Lender may uegotiate alid settle the claim. The 30-day period will begin when tile notice is givcn. In either event, or if Lender acquires the Property under Section 22 or otilerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed tile amounts unpaid under the Note or ti1Ïs Security Instrument, and (b) any other of Borrower's rights (otiler than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering tile Property, insofar as such rights are applicable to tile coverage of the Property. Lender lllay use tile insurance proceeds either to repair or restore tile Property or to pay amounts unpaid under tile Note or this Security Instrument, whether or not tilen due. 6. Occupancy. Borrower shall occupy, establish, and use tile Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably witIùleld, or unless extenuating' circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Propel"ty; Inspections. Borrower shall not destroy, damage or impair the Property, aUow tile Property to deteriorate or conunit waste on tile Property. Whetiler or not Borrower is residing in the Property, Borrower shall maintain tile Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair tile Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in cmmection Witil damage to, or tile taking of, the Property, Borrower shaU be responsible for repairing or restoring tile Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for tile repairs and restoration in a single payment or in a series of progress payments as the work is completed. If tile insurance or condellJuation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements 011 the Property. Lender shall give Borrower notice at tile time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at tile directioll of Borrower or Witil Borrower's knowledge or consent gave materially Llise, misleading, or inaccurate information or statements to Lender (or failed to provide Lender Witil material information) in \VY01\HNG .. Siugle Pamily -- Pamie Mae/Preddie Mac UNIPORM INSTRUMENr Form 3051 1/01 GMACM - CMS.On42. WY (OOnl) (Page 8 of J 8) IJùtials: é,./ j) ~ d~G ,; '¡-' ~~:o, ':' (\ t: Ç" G- '9 "., "j '.''''; .L connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws Of regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under thi~ Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the 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 Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Pruperty to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may 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 liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional tkbt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge uIÙess Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition at making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums tor Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to Ùle cost to Borrower of ùle Mortgage Insurance previously in effect, from an alternate mortgage iusurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender ùle amollnt of the separately designated payments that were due when tlJe insurance coverage ceased to be in effect. Lender will accept, use and retain ùlese payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundaple, notwithstanding tlle fact ùJat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on sllch loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the LOAN NO: 589382803 \VYOl\HNG .. Single Pamily -. Pannie Mao/Preddie Mac UNIPORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042.\VY (0001) (Page 9 of 18) Initials: tJlJ~ ,J'rtÚ ;"-~¡ j~':i ,.; ',",")'1;,;,:';"';1',,,'" "'>,:"'¡ ~"fl1\ .~ .,~~. ;J.:. U amount and for the period that Lc:nder requirc:s) providc:d by an insurer sdectc:d by Lender again becomes available, is obtained, and Lender requires separately dc:signated payments toward the premiums for lvlortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was requirrd to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requin.:d to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it lllay incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. ?vlortgage insurers evaluate their total risk on all such insurance ill force from time to time, and may enter into agreements with other parties that share or modify t!lei I' risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to tlle mortgage insurer and the other party (or parties) to these agreements. These agreements may require tlle mortgage insurer to make payments using any source of funds tllat the Jllortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of tllese agreements, Lender, any purchaser of the Note, anotller insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or lllodifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an aftïliate of Lender takes a share of the insurer's risk ÍI} exchange for a share of tlle premiums paid to the insurer, tlle arrangemeut is often termed "captive reinsurance." Further: (a) Any such agreements \\ill not affect the amounts that Borrower has agreed to pay for ]\'lortgage Insurance, or any other terms of the Loan. Such agl"eements will not increase the amount Borrower will" owe for l\Iortgage Insurance, and they will not cntitle Borrower to any refund. (b) Auy such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeownel"s Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to rcquest and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive 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 Miscellaneolls Proceeds are hereby assigned to and shall be paid to Lender. 'VYOMING -- Sing!. Pamily -- Prow. Ma./PI.dill. Mac UNiFORM INSTRUMENT Form 3051 1/01 ,/ GMACM - CMS.0042.WY (0001) (Page 10 of 18) Initials: (/j)¿ .6-(lC~ ('"\ I'" ....... ( ,." .. ~ r~ {'\ -' '-; \...,'fÙ '_.J í:" ;, 'I ~3:j;~Û' ":\,/"'r-00 ',' \j U oJ 0 J If the Property is damaged, such 1\1iscel1aneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is econOlllically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing 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. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applitd in the ordtr provided for in Section 2. In the tvent of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall bt applitd to the sums secured by this Stcurity Instrumtnt, whether or not then dut, with tht excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by ù1Ìs Security Instrument immediately befÖre the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums securtd by this Stcurity Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by tht following fraction: (a) the total amoullt of the sums secured immediately before tht partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before tht partial taking, destruction, or loss in value, unless Borrower and Lender oùlerwise agree in writi ng, the Miscellaneous Proceeds shall be applied to Ùle SU111S secured by this Security Instrullltnt whether or not the sums are then due. If the Property is abandoned by Borrower, or if, afttI notice: by Lender to Borrower that the Opposing Party (as detìned in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender wiùlin 30 days after the date the notice is given, Lender is authorized to collect and apply tile Miscellaneous Proceeds eiÙltr to restoration or repair of tile Property or to the sums secured by this Security Instrumtnt, whether or not then due. "Opposing Party" means the third party that owes Borrowtr Miscdlaneous Proceeds or the party against whom Borrowtr has a right of action in regard to Miscellaneous Proceeds. LOAN NO: 589382803 \VYO!\HNG -- Single Family -- Famne Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042.\VY (0001) (Page 11 of 18) Initials: IJ.lJ~ y/.;;f ¿ .' '<> 'f=;· rþu- ~_. .'.~ i, ' /,': .,' .. '.., __ ..1..,.. . - .., .. .r. /ìt' ¡-..... Ij", h. f) I.Ubq Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or oÙler material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling Ùlat, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under ù1Ís Security Instrument. The proceeds of any award or chim for damages that are attributable to Ùle impairment of Lender's interest in Ùle Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds Ùlat are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of Ùle SUlllS secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release Ùle liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or oÙlerwise modify amortization of Ùle sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, WiùlOut limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest 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 Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees Ùlat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs ùlÍs Security Instrument but does not execute Ùle Note (a "co-signer"): (a) is co-signing this Security Instrument olùy to mortgage, grant and convey Ùle co-signer's interest in Ùle Property under the terms of this Security Instrument; (b) is not personally obligated to pay the Slllns secured by this Security Instrument; and (c) agrees Ùlat Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to Ùle terms of this Security Instrument or the Note WiÙlOut die co-signer's consent. Subject to Ùle provisions of Section ] 8, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benetits under ùlÍs Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument mùess Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (eXcept as provided in Section20) and benefit the successors and assigns of Lender. \VYOJ\JlNG ,- Single P,unily h Pamùe M.,e/Preddie Mac UNIPORM INSTRUf.IENT Form 3051 1/01 GMACM - CMS.0042.\VY (OOOI) (Page 12 of IS) Initials: L./J] c2 yj'lf~ , ' : \ '..' ,'.1 :~,': ,', -. .. . tl;;....c' "I' "n'~in ... ~~: ~;j:~;.. ~, r. (\ .'~, r: f'ì r- >, \.1 \..: d 0 0 14. Loan Charges. Lender may charge Borrower fees for services performed in cOImection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, Ule absence of express authority in this Security Instrument to charge a specitic fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and Ulat law is finally interpreted so tIlat tile interest or otIler loan charges collected or to be collected in COlll¡c:ction with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by tile amount necessary to reduce tile charge to Ule permitted limit; and (b) any sums already co]Jected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make Ulis refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, tile reduction will be treated as a partial prepayment witIlOut any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All Notices given by Borrower or Lender in connection WiUl this Security Instrument must be in writing. Any notice to Borrower in connection WiUl this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otIlerwise. The notice address shall be tile Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specities a procedure for reporting Borrower's change of address, tIlen Borrower shall OIÙY report a change of address tIll'Ough that specified procedure. There may be only one designated notice address under U1Îs Security Instrument at anyone 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 mùess Lender has designated another address by notice to Borrower. Any notice in connection with UlÍs Security Instrument shall not be deemed to have been given to Lender llntil actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tile corresponding requirement under UlÍs Security Instrument. 16. Goyerning Law; SeyeraLility; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which tile Property is located. All rights and obligations contained in Ulis Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it nlight be silent, but sllch silence shall not be construed as a LOAN NO: 589382803 \VV üJ\HNG -- Single Pamily n Pam"e I>Iae/Predc!¡e Mac UNIFORM INSTRUMENT Form 305l 1/01 GMACM - CMS.0042.WY (OO()I) (Page 13 of 18) Initials: 0lJ~ ÞI~c- ! :~ " . ~':",'. ',' ,', . . . . . , ,r. ,"'\ {-', r:- 1"\ " ·b ("\ , O,! ,: d {) '- ...., ,:;:0 prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note cont1icts with Applicable Law, such contlict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of ÙIe feminine gender; (b) words in the siugular shall mean and include ÙIe plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in ÙIe Property" Illeans any legal or beneíicial interest in the Property, including, but not limited to, ÙlOse beneíicial 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 date to a purchaser. If all or any part of ÙIe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneíicial interest in Borrower is sold or transferred) WWIout Lender's prior written cousent, Lender may require immediate payment in full of all sums secured by this Security Iustrument. However, ù1Ìs option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less ÙIan 30 days from the date the notice is given in accordance WWI Section 15 within which Borrower must pay all sums secured by this Security Instnunent. If Borrower tàils to pay ÙIese sums prior to the expiration of ùlÌs period, Lender may invoke any remedies permitted by ùlÌs Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to ÙIe earliest of: (a) tive days before sale of ÙIe Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are Ù1at Borrower: (a) pays Lender all sums which then would be due under this Security Instrument aad the Note as if no acceleration had occurred; (b) cures any defal.lt of any oÙler covenants or agreements; (c) pays all expenses incurred iI~ 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 Lender's interest in ùie Property and rights under this Security Iustrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under ù1Ìs Security Instrument, and Borrower's obligation to pay ÙIe SU111S secured by ùÜs Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. \VYOMING -- SU'glO Pamily n PaJUuo Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Gj\IACM - CMS.0042. WY (OOO!) (Page 14 of 18) IIùtials: LJþc¿ ~'£u ¡ ~ . ' '.':1:'.';1.','.' id;., ..'.!............,' .......: C-j,O ('\ ,"'\ ,.'l~;·J6'·', ',. ·7 . "·""t , {", ~,. ¡ Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, 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 Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale lIlight result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Thtrt also might be one or more changes of the Loan Strvicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the mune and address of the new Loan ServiceI', the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain wirh the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conUllence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instnullent or that alleges that tht other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach amI afforded the other party hereto a reasonable period after the giving of such notice to take corrective actioll. If Applicable Law provides a time period which nUlst elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleratioll and opportmúty to cure given to Borrower pursuant to Section 22 and the notice of acceJeration 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. Hazardous Substances. As used in Ulis 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, oUler tlammable 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 U1e jurisdiction where the Property is located Urat relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as detined in Environmental Law; and (d) an "Ellviromntntal Condition" llleans a condition U1at can cause, contribute to, or orherwise trigger an Enviromllental Cleanup. Borrower shall not cause or permit U1e presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) rJ¡at is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 589382803 \VYOJ\JING -- Singlo Family -- Famie Mao/Froddio Mac UNIFORM INSTRU~IENT Form 3051 1/01 GMACM - CMS.0042. WY (0001) (Page 15 of 18) Initials: !Jþc.... ~~¿ 1.' .' -./ ~,-;, ....- ,,·.·.'.'1·.·;·'·;·.· '" I q-1 "~._: ~---'.. ,: :1~;O ,0 it r~ p- , r', r~ C 0 , ~... ,j c! V 0 Ö 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 to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govennnental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by Ùle presence, use or release of a Hazardous Substance which adversely affects the value of Ùle Property. If Borrower learns, or is notitied by any governmental or regulatory auÙlOrity, or any private party, Ùlat any removal or OÙler remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herc:in shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORlvI COVENANTS. Borrower and Lender furÙler covenant and agree as fol1ows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides othenvise). The notice shall specify: (a) the default; (b) the actioll 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 be cured; and (d) tlwt failure to cure the default 011 or before the date specified in the notice may result in acceleration of the Slllns secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specitied in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to fOI"eclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shal1 publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or pel"SOnS legally entitled to it. '\VYOJ\JING -- Single Pamily n PaJUue Mae/Proddie Mac UNIPORM INSTRUMENT Form 3051 1/01 GMACM· CMS.0042.'\VY (0001) (Page 16 of 18) Initials: (-./'; e ..4y(~ , , '< d>( ,.~~: ::~~.~o ,-, n (' r= G 9 '..., ~j ~.~ J ~. 23. Release. Upon payment of all sums secured by this Security Instrument, Lemler shall release this Security Instrument. Borrower shall pay any recordation costs, Lender may charge BOlTower a fee for releasing this Security Instrument, but only if the fee is paid to a UlÍrd party for services rendered and Ule charging of the fee is permitted under Applicable Law. 24.Waiyers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instnnnent and in any Rider executed by Borrower and recorded with it. W~4'-- ,d/, ~~1Þ~ WIllIam U, Campbell V (Seal) -Borrower .,! , . s~Sam~~l~ . :..:--. :." ":r:~:;~': ....:.::~::..:~::.>"( " ~""4,, ,.." "~'I ~ ) '~: "':"'1 ~ " ,'; :~':. . . ·~;·,c;'¿·..,: -,-"~'-'.., -._.¿,~ (Seal) - Borrower ____..,/">../'-0...".. .-....... ~\ ~".1 ¡' ,\ 011\.. 1\ ~ ~ " --"--~...,,,- f' C'" F' ,I .. . " (Seal) -Borrower . " ',.......~....-... ' (Seal) -Borrower LOAN NO: 589382803 Witnesses: \VYOMING .. Single F,unily.. I'alllue Mae/Freddie Mac UNIFORM lNSŒlIMENT l¡orm 3051 1101 GMACM - CIVIS.0042.WY (OOO!) (Page 17 of 18) \. í ,{'\ '\'" .% i;j i ~ ¡¡ ;~¡¡;1;;¡: if;! i ;~: I .::,.~'.tj,~i,:E0:-~~;O INDIVIDUAL ACKNO'WLEDGMENT STATE OF WYOMING, COUNTY OF t--11J60t-J ) ) SS ) The foregoing instrument was acknowledged before me this November 19, 2005 (dale) by William D. Campbell and Sheryl L, Campbell, husband and wife (persoll acknowledging) &~~ My C.ommission Expires: I o( f:/ 1.DO 1 . --~ ;~"'''''.¡~.''~¡,s'~'''<''~Y>/''''~'''''''''''''''''J ",r; ::'(:;'1 'O¡ """'~'~ :1-: _:\ Ci'r '~::~1' ':j\ í.:'-'· ~:""\ J. .', K. t,,'I.......' .,' h'._,.,. ',¡,~. .!,Id ¡ ....,!.'L.U . CC:L;;,1;i d t~)St~te,~1 l;"~:\;J'ì, <.::.¿u:JjJ WI'-';! III:g ..y CC"""""i'f' 0;:: "'I'''' 10kt?Cì~ (), ~I ~ .",..,¡..,.':"~,U..I :__._:~;-.f --:,;,,)~ . I." . "... _ ~ ~-":"-""""-";""'·";"-<"'-";';''''-'¡;''''-'·.;.?·~'V'''-'~·';;''-·':'''''·''-;':;;''·.J'..:....--'' 'VVOl\-lING -- Single Family -- Famie Mae/Freddie Ma, UNIFORM INSTRUMENT Form ~\051 1/01 0D0- xltJf6 GMACM - CMS.0042.WY (0001) (Page 18 of 18) Initials: ,". ,;"¡ '....5' , ,.' ..., ¡"~1 " \.}' U' I 0 . ~ 1 , ,',' "...,' ,".. ,', :,~ - . ,r' 'ì r, r.' P1 1 '. t.l t.i .} ¡ . ,r'<J,CÌi. ;'j~~¡,(O' SECOND HOl\1E RIDER THIS SECOND HOME RlDER is made this 19th 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," whether there are one or more persons undersigned) to secure Borrower's Note to GMAC Mortgage Corporation (the "Lender") of the same date and covering dIe Property described in the Security Instrument (the "Property"), which is located at: 758 Terrace Drive Alpine, WY 83128 [Proptrty Address] In addition to the covenant.s and agreements made in the Security Instrument, Borrower and Lender furdIer covemmt and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by dIe following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep dIe Property available for Borrower's exclusive use and el~oymellt at all times, and shall not subject dIe Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management tinn or any other person any control over dIe occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any other persons or entities acting at dJe direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender Witll material information) in cmll1ection with tlle Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. LOAN NO: 589382803 MUL TlST ATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 38 0 1/01 Page 1 of 2 326689065 Initials: ("../PC-- 'K ~ GMACM - CRM,0046.SECHOM (0411) . , -J''',) ; i;~ i~;;; ¡~ ~;¡¡:¡~¡~¡~l~: ,.".,;.,,).,J_.,I,. r·. . :J'."ì" \j " , ~-#'1 1·'U," :) , BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. IU~ ä< William D, Campbell ~~}bJ-~~( Ø' (Seal) -Borrower /i1~!J of ~r2IuPJ Sheryl L(/ Campbell ~ (Seal) -Borrower (Seal) - Borrower (Seal) -Borrower LOAN NO: 589382803 MULTlSTATE SECOND HOME RIDER - Single Family- Fannie Mae/Freddie Mac Uniform Instrument Form 3890 1/01 GMACM - CRM.0046.SECHOM (0411) Page 2 of 2 ,.... , 0 t.. !;:' t't .J i.j V ( 3 Schedule A Wyoming Mortgage Given By: William D. Campbell and Sheryl L. Campbell Page 1 Lot 212, Lakeview Estates Incorporated, Tract A, a subdivision of the SE1/4SE1/4, Section 29, Township 37 North, Range 118 West, 6th P,M., Lincoln County, Wyoming W'.P~ yj. ¿¡f ~