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Home My WebLink About914046 51222 (01) q J \ Wi) 'I) . \l \ \.J' r· /Î n'\ of. 1"', .'... :~) t.: ,:~: 1. J After Recording Return To: G~~C Mortgage Corp. 100 ¡'Iitmer Road Harsham, PA 19044-0963 ATTN: Records Management RECEIVED 11/30/2005 at 10:33 AM RECEIVING # 914046 BOOK: 606 PAGE: 217 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Ahove This Lille Fllr Hecllnlillg Data] LllllnNu. 58904920'1 MIN 1000375-0589049204-7 MORTGAGE DEFINITIONS '\lords used in multiple sections of this document are detlned below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. I (A) "Security Instrument" means this document, which is dated November 21, 2005 ,together with all Riders to this document. "Borrower" is (8) Charles J. Horton, a single man and Dawn L. Guffey, a single woman, as joint tenants with rights of survivorship Borrower is the mortgagor under this Security Instrument. (C) "1\lERS" is Mortgage Electronic Registration Systems, Inc. Iv1 ERS is a separate corporation that is acting solely as a nominee for Lender :U1d Lender's Successors and assigns. 1\1 ERS is the m()J"tgagee under this Security Instrument. !vfERS is urganized and existing under tile laws of Delaware, and has an address and telephone llllmber or P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-!vIERS. \VVOl\IING- -. Sillgle F;1Ilily u FüJluie Maé/Fn.:ddie r-,·lac I.Jr~IFORM JN~TRU~.IENTFur."".' "" .. c.:fl/ ~ (Page 1 of 18) 'J26621642 IllJI¡¡¡ls: \I. 346 CJ\lACM - CMS.lHJ42. WY (0001) .. ~; ~I i'j{'ijh "'L \..J ,¡ .r~' ('\ (' ...': ~ 0 ....~-) \ J ,:::" .1. lJ (D) "Lender" is G~~C Mortgage Corporation Lender is a Corporation Jaws of Pennsylvania 100 \'litmer Road, P.O. Box 963, Harsham, PA orgallized amI existing under the . Lender's address is 19044 (E) "Note" means the promissory note signed by Borrower ami dated November 21, 2005 . The Note states that Borrower owes Lender One Hundred Eighty Four Thousand and 00/100 Do]]ars (U.S. $ 184,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay rhe debt in full not later than December 1, 2035 (F) "Property" means the property that is described below un(kr rile heading "Transfer of Rights in the Property." (G) "Loan" means the ckbt evidenced by the Note, plus interest, any prep,¡)'ment charges and late charges due under Ù1e Note, and all sums clue under this Security lnstrument, plus interest. (H) "Riders" means all Riders to ù1is Security Instrument ÙJat are executed by Borrower. The f(]]Jowing Rickrs are to be executed by Borrower [check box as applicable]: D D D AdjllstableRate Rider Balloon Rider Other(s) [specify] D Condominium Rider D D Biweekly Payment Rider D D Planned Unit DevelopllJi.::nt Rider Second Home Rider 1-4 Fanlily Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules ami orders (that have the effect of Jaw) as well as a]] applicable tinal, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are in1fJl)sèd On Borrower or the Property by a condominium association, llOmeOWnJ.::fS association or similar organization. (K) "Electronic Funds Transfer" meanS any transfer of funds, other than a transaction origiuated by check, draft, or similar paper instrument, which is initiated through an dectronic terminal, telephonic instrulllent, computer, or magnetic tape so as to order, instruct, or authorize a tinancial institution to debit or credit an account. Such term includes, but is nut limited to, point-of-sale transfers, automated te]]er machine transactions, transkrs initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" llleans those items that are described ill Section 3. (M) "1\fiscellaneolls Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any Ù1ird party (other than illsllrance proceeds paid under the coverages described in SectioJl 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or orher taking of all or allY part of the Property; (iii) cOllveyanCè in lieu of condemnation; ()r (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. \VYOJ\lING Sill¡;Je Family.. F,,,uli,,Ma,,;r',-c'dd¡c ~¡"c UNII'ORM JNSTRLI~IENT 1'0"11.<051 IIUI 1"'11 GMACi\1 - CMS.OO.j2. WY (OOOl) (Page 2 of 18) Inilials: (lJ PJ?- (J , , ....,.. r "r~i :'1.Ü!·'H:} .Jd,l. .l. ,. :: (', .! -;. 9-- '.' ~.' ~ .-; .:.... ..!,.. (N) "Mortgage Insurance" means insurance protecting Lendèr against the nOllpaYlllent of. or default on, the Loan. (0) "Periodic Payment" means Ùle regularly scllèduled 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 Settlemellt Procedures Act (12 U,S.c. §2601 et seq,) and its implementing regulatioll, Regulation X (24 C.F. R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regubtion that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all rèquirements 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) I'Successor in luterest 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 alld/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repaymènt of the Loan, and all renewals, extellsions andmoditications of the Note; and (ii) the performance of Borrower's coveuants and agreements under this Security Instrument and the Note. Pur this purpose, Borrower does hèreby mortgage, grant and convey to tviERS (solely as nOlllillee for Lender ami Lender's successors and assigns) and to the Sllccessors and assigns of ¡vIERS, with power of sale, thè following described property located ill the Co un t y IType uf RI'I'''l'diJlg JufÍsdÌl'liulI1 of Lincoln INallle of HecurdiJlg Jurisdicti"ul SEE SCHEDULE "A" ATTACHED HERETO AND ~~DE A PART HEREOF. which currently has the address of 170 West Mill Circle, ISlreelj Alpine ,Wyoming 83128 ("Proplèrty Address"): [Cïtyj j7ip Code} TOGETHER WITH all the improvements now or herèafter erected on the property, and all easements, appurtenances, ami tixtures IlOW or hereafter a part of the property, All replacements and additions shall also be covered by this Security fllstrulllellt. All of the foregoing is referred to in this Security Instrurllènt as the "Pruperty," Borrowèr understands and agrees Ùlat MERS holds only legal title to the illlerests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender anet Lender's successors and assigns) has (he right: to exercise any or all of those interests, including, but not limited to, Ùle right to foreclose and sell the Property; ;md to take auy al,tion required of Lender including, but not limited to, releasing and canceling this Sèculity Instrument. \VY01\llNG u Sin¡¡JoFamiJy·~ F¡uulì,~fa.;F'-oddi. ~laè UtllFORM INSTRUI>IENT FUl'm 305! 1/01 aJJ! f" \ GMACM - CMS.UlG2.\VY (uuOJ) (P"" 3 '1/8) /"itl",," U : I! '>OJ'' "'."'''',' ,-. 1\ I"'. .,' !..' '0' '.., :".~ ".J \:..,.. ~ "1b BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has Ùle 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 Ùle title to Ùle Property against all claims amI demands, subject to any encumbran<.:es of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants \vith limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and lender COVelJ;illt and agree as follows: 1. Payment of Principal, Interest, Escrow Items, PrepaYlll(;nt Charges, and Late Charges. Borrower shall pay when due the principal of. and interest on, tIle ckbt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower ,bll also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note: and tilis Security Instrument shall be made iu U.S. currency. Howevc:r, if any check or other instrunlèllt received by lender as payment under the Note or this Security Instrument is returned to Lèllder unpaid, lendc:r may require that any or all subsequent payments due under thè Note and this SecLlfity Instrument be made in one ur more of the following forms, as selectc:d by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasufèr's check or cashier's check, provided any such check is drawn upon an iustitution whose ckposits are insured by a feckral agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when receivèd at the Jocation designated in the Note or at such other location as may be designated by lender ill accordance wiù¡ the notice provisions in Section 15. lender may return any payment or partial payment if tIle payment or partial payments are insuftïcient to bring the loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver or any rights hereunder or prejudice to its rights to refuse such paymèiH or partial payments in the future, but Lender is not obligated to apply such payments at the time sULh paYIllC:Jlts are accepted, If each PerilJdic Payment is applied as of its scheduled due date, then Lender need not pay intefèst on unapplied funds. lender lllay hold such unapplied funds ulltil Borrowèr makes payment (() bring lilt: Loan current. If Borrowa does not do so wiûlin a reasonable periud of time, Lender shan either apply such funds or return them to Burrower. If not applied earlier, such funels will be applied to Ùle outstanding priucipal balance uneler the Note inllnediately prior to t(¡rec!osure, Nu onset or claim which Borrower lI¡jght ¡lave now or in the future agaillst Lender shall relieve Burrower from making payments due under the Note and this Security Instrument or pertiJrming the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and appliecJ by Lender shall be applied in the t(¡lIowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shan be :Ipplied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied tirst to late charges, sC:l'ond to any other amounts due under this Security lustl1l111el1t, alld then to reduce the principal balance uf the Note. LOAN NO: 589049204 \\,Y01\1ING -- SíllgJol'alluly n Pm"IIO H,o'Fredd¡, 1.1", UNIFORI.t JNSTRlIMENT Fum¡ ,\051 lIOl pt ¿~ I , Gl\!ACl\l - Cl\fS./HI-I2. WY (011111) (Page -I '4' 18) lnitillts: ª----:/...,: '" .. "Ý . ", r Ii' ,11 ~ (,;, 't)¡ '.>1:\'.:1 -;( ~..~ t:'; {) ..;? :~~; 1. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suftìcient amount to pay any late charge due, the payment may be applied to the delinquent payment and ùle late charge. If more than one Periodic Payment is outstanding, Lender may apply any paymeJil 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 Ùle full payment of one or more Periodic Payments, such excess may be applied to any late charges clue. Voluntary prepayments shall be applied tirst to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Ivliscellaneous Proceeds to principal due under Ùle Note shall not extend or postpone the due date, or cbange Ùle amount, of Ùle Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Nok 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 all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any Stllns payable by Borrower to Lender in lieu of the payment of !'vlortgage Insurance premiums in accordance with the provisiolls uf Section 10, These items are called "Escrow Items," At origination or at any time during the term of the Loan, Lemler may require tbat Community Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under ùlis Section. Borrower shall pay Lemler the Funds for Escrow Items ullless Lemler waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any OJ all Escrow Items at any time, Any such waiver may only be in writing. In the event of such waiver, ßorrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fUlllish to Lender receipts evidencing such payment withiu such time period as Lender Illay require. Borrower's obligation tu make such payments and to provide receipts shall for all purposes be deemed to b~ a CQvenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items dirêctly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender mllY exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at allY time by a notice given in accordance with Sêction 15 and, upon such revocation, Borrower shall pay to Lender all Funds, amI in such amounts, that are [hen required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufticien[ to permit Lender to apply the Funds at the time speciied under RESPA, and (b) not to excel:d the maximum amount a lender can require under RES? A. Lender shall t.:stillla!e (he :lIlIount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Hems or oÙlerwise in accordance with Applicable Law. LOAN NO: 589049204 WYOMING.. "",. ,..", . ,,,.., M..",~" M.. ""W",M """" ""'" '",ffi'" ""' /((1/ fj? GI\IACI\J - Cl\lS,(W42,WY (OIlOt) (Page 5 of 18) ltul1¡¡Is;GJ J -~, ,:1 'ï tb :.' C'; {J. ..-:"~; '0 t-.. .. The Funds shall be heJd in all institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an illstilution whose ckposits are so insured) or in any Federal Hc)ne Loan Bank. Lendèr shall apply the Funds to pay the Escrow Items 110 later than the time specified under RESPA, Lelllkr sllall Hut charge Borrower for holding and applying the Funds, anllually analyzing the eScrow account, or ve:rifying the Escrow lte:ms, ullle:ss Lender pays Borrower interest 011 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, Under shall not be required to pay Borrower any interest or eamings on Ùle Funds, Bormwer and Lènder can agree in writing, howevèf, tklt interest shall be p:lid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of Ùle Funds as œquired by RESPA. If there is a surplus of FUllds held in escrow, as detìncd under RESPA, Lender shall accollnt to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds hdd in escrow, as detìlled under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lende:r the amount necçssary to make up the shortage in accordance with RESPA, but in no more tllan 12 monthly payments. If there is a déticiency of Funds held in escrow, as detined under RESPA, Lender slwllnotiry Borrower as required by RESPA, amI Borrower shall pay to LeJllkr the amollllt necessary to Illake up the deticie:ncy in accordance Wilh RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security InstrulJlellt, Lèmkr 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 the: Property which can attain priority over this Security InstrUlne:nt, leasehold payments or ground rents on the Property, if any, amI Community Association Dues, Fees, and Assessme:nts, if any. To the extent Ùlat these items are Escrow Items, Borrower sllall pay them in Ù1e manner provided in Se:ction 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment or the obligation secured by the lie:n in a manner accçptable to Lender, but only so long as Borrower is performing SUell agreemelll; (b) contests the: lien in good faith by, or defends against tnforcement of the lie:n in, kgal proceedings which in Le:nder's opinion operate to prevent the enforcenltnt of the lien while ÙlOse proceedings are: pending, but only until such proceedings are concluded; or (c) seclll'es from the holder uf the liell an agreelllèllt satisfactory to Lender subordinatillg the lien to this Security Instrument. If Lender de:tèrmines that any part of the Property is subje:ct to a lien which can attain priority OWl' this Security InstnllJltnt, Lender may give Borrower a notice identifying th.: lien, WiùlÍn 10 days of the: date on which that notice is given, Borrower shall satisfy ùle hell or take one or nlOre of the actions set forth abO\'e in this Sectioll 4. Lender may require: Borrower to pay a ont-time charge for a real estate tax veritìcation and/or reporting se:rvice used by Lende:r in connection with this Loan. 5. Pmpert)' Insurance. Borrower shall keep the improvements now existjJJg or hereafter erected 011 the Property insured against loss by tire:, hazards included within the term "extended coverage," and any other hazards inclnding, but III)t limit.:d to, earthquakes and t1(wds, tì)f which Lender requires inslJl'ance. This insurance shall be maiJlt~linèd in the amounts \\'YOJ\(J NG u SiL1gk Famu)' -- FalUlÌe H,,!Fr,ddj< Ma' IINIF(){~II¡ ',TI<IJ:,11i II G!\L\CI\I - Ci\IS0042.WY (OOIH) (Page 60I18) /.ll _ hrm3051 I/OlcJ~(I~ IlIitiab: _ -.--/ 2 <. ------- o {It[j¡ ,~. (~~; (~: I'~ ;,._: 3 '. (including deductible levels) and for the periods that Lender requires, WJwt Lender requires pursuant to the preceding seutences 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, wbich right shall not be exercised unreasoHably, Lemler may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for tlood zone determination, certitication and tracking services; or (b) a one-time cbarge tÙr Hood zone determination and certitìcation services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certiticalion, Borrower sltall also be responsible for the payment of any fees imposed by (he Federal Emergencyf'v!anagement Agency in connection wiù¡ the review of any tloud zone determination resnlling from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, lender lllay 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 prntect 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 acknowkdges that the cost uf the insurance coverage so obtained lllight signiticantly 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 ùlÍs Security Instrument. These amounts shall bear interest at the Note rate from Ù1e date of disbursement and shall be payablè, with sucll interest, upon notice from Lender to Borrower requèsting payment. All insurance policies required by lender and renewals of such policies shall be subject to lender's right to disapprove such policies, shall include a standard nlUrtgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to bold Ùle policies and renewal certiJicates. If Lender requires, Borrower shall pnJnlptly give to Lender all receipts of paid premiums and renewal notices. 1 f Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall ¡¡ae Le¡¡der as mortgagee and/or as an additional loss payee. In the event of )o;;s, Borrower shall give prompt notice to tlJe insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. lJnJess Lende:r and Borrower oÙ1erwise agree in writing, allY insuranœ proœeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair or the Properry, if the restoration or repair is economically feasible and Lemler's security is ¡!lIt lessened. Duriog such repair and restoration period, Lender shall have the rigllt to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ellSure the work has been cOl1lplèlecl to Lender's satisfactioll, provided that such inspection shall be undertaken promptly, Lender Illay disburse proceeds for Ùle repairs and restoration in a singJe 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 sllch insurance proceeds, Lender shall not be required to pay Borrower allY interest or earnings 011 such proceeds. Fees for public adjusters, LOAN NO: 589049204 \VYOMING n SÜI¡:It Falluly n Famuc Mae/Fre,ldit Mac UNIFORM INSTRlJ~IENT Form J051 JlOI ,~ær . ,\ GMACM - CMS.OO<2. IVY ('"'' L) (1'"" 7 of 18) ] ""',,k (J V" '6 (:~ G ,'~ ::.', <'1 " or other third parties, retained by Borrnlver shall not he paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lustrument, whether or not then due, with ¡he 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 matlers. If Borrower drIes not respond within 30 days to a notice frum Lender that Ùle insurance carrier has offered to settle a claim, then Lender JIlay negotiate and setlle 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) Borrower's rights to any insurance proceeds in an amount not to exceed the amOUlllS unpaid under Ùle Note or this Security Instrument, and (b) any other of Borrower's rights (uther than the right to any refund of unearned premiullls paid by Borrower) under all insurance pulicies covering Ùle Property, insofar as such right>; are applicable to the coverage of the Property. Lender may use Ùle 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. Occu pancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residelKe within 60 days after the execution of this Security Instrument and shall continue to occupy Ùle Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender oÙ1erwise agrees in writing, which consent shall not be unreasonably wiùlheld, or unless extenuating circumstances exist which are beyond ßorrower's control. 7. Preservation, IVfaintenance and Protection of the Property; Inspections. BUJower shall not destroy, damage or impair the Property, allow the Property to deteriorate 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 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 the Property if daUlaged to avoid furÙ1er deterioration or damage. If insurance or condemn¡¡tioll proceeds are p¡¡id in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or ill a serj¡;s of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrowc:r is Hot reli¡;vc:d of Burrower's ohligatioll fCJr the completion of such repair or resfuration. Lender or ils agc:nt lIlay make reasonable entries upon and inspections of the Property. If it has reasonable caLIse, Lender may inspect the interior or Ùle improvemellts 011 the Property. Lender shall give Borrower notice at the time uf or prior to such an interior illspectioll specifying such reasonable cause. 8. Borrower's Loan A pplication. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Burrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in WYOMING - ..,. '."''> .. ,..". M",fu.", ". U""',"" '""" """' '""" '"" ""' Jf't GMACl\l . CMS,((42. WY (O((j) (Page 8 of 18) Initials. U--J _ , - / "'.., , , ,q ,.0;(; ., ,i,¡, .,..... ~jJ:b :...: (,:; C~ >.: ;'~': :J .. connection with the Loan. !vfaterial representations include, but arc 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. lf (a) Borrower t~lils to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signiticantly affect Under's interest in tile Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or rorfeiture, for ent(ncement of a lien which may attain 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's interest in the Property and rights under LlÜs Security Instrument, including protecting and/or assessing the value of the Property, and securing amI/or repairing the Property. LellCler's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this SecurilY Instrumem; (b) appearing in coun; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights undL:r this Secnrity Instillment, including its secured position in a bankruptcy proceeding, Securing the Property inclndes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may 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 110 liability for nut taking any or all actions authorized under ù1is Section 9. Any amunnts disbursed by Lender under tllis Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate tì-om Ùle date of disbursement aud shall be payable, with such interest, upon nutice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of Ù1e lease. If Borrower acquires fee title tu the Property, the leasehold and the fee title shall not merge mùess Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making Ùle Loan, Borrower shall pay the premiums required to maintain the tvfortgage Insurance in effect. If, for any reason, the tvfortgage ]nsurallce coverage required by Lender ceaSeS to be available from Ùle mortgage insurer that previously provided such insurance and Borrower was required to Illake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiullls required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substalltially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent tvlortgage InsuraIlcc coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due whell the insurancc coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refuIldable, notwiù¡standing the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower allY interest or earnings Oil such loss reserve. Lender can no longer require loss reserve payments if tvfortgage Insurance coverage (in the LOAN NO: 589049204 "'YOM ING -- Sin¡;Je Fa.II"l), H Fallllid./"elflrr,ldie Mac UNIFORM /NSTRU~IENT Fuml j051 1/01 ~. IU. _ GMACM - CMSOOI2. WV (0"1) (P"" 9 "I J 8) 1,,";,,100 Ü /1 f: ''L:U' ,~, (\ ,....\ :"".-. r ,,! \.. 'J :.' U amount and for the period that Lender requires) provideù by an insurer selected by LeJlckr ~tgain becomes available, is obtained, and Lender requires separateJy designated payments toward tile premiums for Mortgage Insurance. If Lender required !v!ortgage Insurance as a cOltdition of making tile Loan and Borrower was required to make separately designated payments tuward the premiums for l'v!ortgage I usurance, Borrower shall pay the premiuJlls required to maintain Mortgage Insurance in effect, or to provide a j()n-refuJldable loss reserve, until the Lender's requirement for !v!ortgage 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 iuterest at tIle rate provided in the Note. Mortgage Insurance reimburses LeJlder (or any entity that purchases the Note) for certain losses it may incur if Borruwer does not repay the Loan as agreed. Burrower is not a party to the !vfortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in llrce from time [0 time, and may enter into agreements WiÙl other parties that share or modi fy their risk, or reduce losses. These agreements are on terms and cOllllitions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements Jlf<IY require tile mortgage insurer to make payments using any source of funds that tile mortgage insurer may have available (which may incJude funds obtained from Ivlortgage Insurance pn:miums). As a result of these agreements, Lender, any purchaser of tile Note, ~u\l)ther insurer, any reinsurer, any other entity, or any aftiliate of allY of the foregoing, may receive (directly or indirectly) amounts that derive Üom (or might be characterized as) a portion of Borrower's payments for Jvfortgage Insurance, in exchange tlH sh;ning nr modifying the mortgage insurer's risk, or reducing josses. If such agreement provides that an aftÏli,lte of Lender takes a share of the insurer's risk in excllange for a share of the preluiums paid to the iusurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements \I ill not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or an)' other terms of the Loan. Such agreements will not increase the amount Borrower will owe for J\loJ"tgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if an)' - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosllres, to request and obtain cancellation of the l\lortgage Insurance, to have the Mol'tgage Insurance terminated automatically, anel/or to receive a refund of an)' Mortgage Insurance premiums that were unearned at the time of sllch cancellation OJ" termination. 11. Assignment of J\1iscellantous Proceeds; Forfeiture. All Miscellaueous Proceeds are hereby assignee! to aile! shall be paid to Lender. WYOMING, '":" ,."., .. ,,,""' M..",,,,,,, M:", "'''''OM '"'''''''''' ""''" ,., ,,,' /;0 ~ ' G1\IACl\1- U\fS,(J042.WY ((JOOI) (Page lU oj 18) llUtials: V,. .. ·,','n;'. } Ü:tG r I"'~ ,~. :. r-:a., :, .i ~ .; t :'..... ~. ~ If the Property is damaged, such !vfiscellaneous Proceeds shall be applièd to fèstoration or repair of Ùle Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration pèliod, Lemler shall have the right to llUld such tvfiscdlalleous Proceeds until Lender has had an opportunity to inspect such Property to ensure Ùle work has been complett:d to Lemler's satisfaction, provided ÙJat such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progrèss payments as tile work is completed. Unless an agreement is made in writing or Applicabk Law requires intèrest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay BOfrower any interest or eamings on such !v1iscellant:ous Proceeds. If tht: restoration or repair is not economically feasible or Lender's security would be lessened, Ùle IvfiscelLlJIeous Proceeds shall be applied to lhè Sluns secured by this Security Instrument, whether or lIot then due, with tht: excess, if ally, paid to Borrower. Such Miscellaneous Proceèds shall be applied in the order provided for in St:ctioll 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proœeds shall be appJied to the sums secured by this Security Instrument, whether Of not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which tht: fair market valut: of Úle Property immediatdy befoœ tht: partial taking, destruction, or loss in value is equal to or greater than the amount of the sums securèd by this Security Instrument immediately bdore Ùle partial taking, destmction, or loss in value, unless Borrower and Lender otherwist: agree in writing, the SUIIIS secured by ùris Sècurity Instrument shall be reduced by the amount of thè Ivliscdlaneous Proceeds multiplied by the foJlowing fraction: Ca) the total amount of Ùle Sluns secured immediately befoœ the partial taking, destruction, Of loss in value divided by (b) tht: 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 iIllmediatdy before the partial taking, destruction, or loss in value is less than the amount of the sums securèd imll1ediatdy before Ùle partial taking, destruction, Of loss in value, unless Borrower amI Lender otherwise agree in writing, the JVliscellaneous Proceeds shall be applied to the stuns secured by this Security lnstrulllellt whether or not the SUlns are then due. If the Property is abandoned by Borrower, or if, after llotice by Lender to Borrower that the Opposing Party (as defined in the next st:utence) offers to make an award to settle a claim for darllages, Borrower fails to respond to Lender wiÙlin 30 days after the date the Jlotice is given, Lender is authorized to collect aud apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the SUIllS secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower !vliscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Ivliscellaneolls Proceeds. LOAN NO: 589049204 AX \\'Ym II NG .. ~..' ,....". ,","' M.",',~.. M.. ""ffi'" '"~" """' '""' ,., u"' ~3 ð (;1\1.\CM- Cl\lS.lIlI42.\\'Y (OOlll) (Page 11 of 18) Initillls: JL Ll/1"0' ~~. "--- '(' '..1 !,', iJC.,~'·.'8 Borrower shall be in default if any action or proceeding, whether civil or crimina], is begun that, in Lender's judgment, could result in forfeiture of the Property or OÙler lllateria] impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower call cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing Ùle action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material inlpairment 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 Property are hereby assigned and shall be paid to Lender. AIJ MisceIJaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the orckr provided for in Sèction 2. 12. Borrower Not Released; Forbeanmce By Lender Not a WaiveL Extension of the time for payment or moditication of amortization of the Stllns secured by this Security Instmment grallted by Lender to Borrower or allY Successor in Interest of Borrower shaIJ not operate to release Ùle liability of Borrower or any Successors in Interest of Borrower. Lender shaIJ not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise nwdify amortization of the sums secured by this Security Instrument by reason ot' any demalld Illade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the alllount then due, shall not be a waiver of or preclude Ùle exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants aue! agrees that Borrower's obligations and liability shall be joint and several. However, an)' Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to JJlortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by ùlÎs Security Instrument; and (c) agrees that Lender and any oÙ1er Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the 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 bc:netits under tlJis Security Instrument. Borrower shall not be released from Borrower's obligations ane! liability undc:r this Security Instrument unless Lender agrees to such release in writing, The covenants ~lIlcI agreements of this Security Instrument shall bind (excc:pt as provided in Section 20) and beneJït the successors and assigns of Lender. \\,Y01\fJNG -- ~111¡;1t: Fam.ily.. Faunie !\Iae/Frtd.ltc- !\!¡H; UNIFCJ!{!\[ INSTHUf'.!L "''''''';''::H::~C:SIf D~ Gl\1.\Cl\l - CJ\1S,OO-l2, \\IV lOOIlI) (Pll~r 12 of it!) r- (.~; {~ _:~ '.;. Q (~ IC '")!: ~.). " 14. Loan Charges. Lender may charge Borrower fees for services pèrfmmed in connection with Borrower's def<llIlt, for the purpose of protecting Lender's interest ilJ 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, the absence of express authority in ùlis Security Instrument to charge a specific fee to Borrower shall not be construèd as a prohibition on the chargillg of Slll:l¡ fee. Lellder may not charge fees that art expressly prohibited by ù1Ís Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximul1lloan charges, and that law is tinally interpreted so that the interest or other loan charges colkcted or to be colkclèd in connection with the Loau exceed the permitted J¡mils, then: (a) any such loan charge skIll be reduced by the amount necessary to reduce the charge to the permitted lilllit; ami (b) any SUIlIS already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make ùlis refund by reducing the principal owed under the Note or by making a direct payment to Borrower. 1f a refund reduces principal, Ùle reduction will be treated as a partial prepayment WiÙlOut any prepayment charge (whether or not a prl'paymeJH 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 with this Security Instrument mUSl be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by tirst class Illail or when actually delivered to Borrower's lIotice address if sent by other means, Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicabk Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly lJotify Lemler of Borrower's change of address. If Lender specities a procedure for reporting Borrower's change of address, Ùlen Borrower shall only report a change of address through that specitied procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by tirst class mail to Lender's address stated herein ullleSS Lender has designated ano(Jlèr address by notice to Borrower. Any notice ill connection with this Security Instrument skrll not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrulllent is also required under Applicable Law, the Applicable Law requirement will satisfy Ùle corresponding requirement under this Security Instrulllent. 16. GoveniÍng Law; Severability; Rules of COllstrlldion. This Security Instrument shall be govemed by federal law and the law of Ù1e jurisdiction in which the Property is located, All rights and obligations contained in this Security Instrument are subject to ,111)' requirements and limitations of Applicable Law. Applicable Law lllight explicitly or implicitly allow the parties to agree by contract or it Illight be silent, but such silence shall lIot be construed as a LOAN NO: 589049204 ~ \VYOJ\HNG u Single P"lHly up,""". Mac/Prect.h. Mac lINIF()R~II,1STRUf,IEriT Form 3051 1/01 é) ~ GMACJ\l- CJ\lS,OO"¡2.WY (0001) (Page 130/18) tllitiuts: _ , l:;. , - ( " ,--. ,.... ." Ü" , ,,, « ... ',., i.....i {.1 /&;¡"'v ,I " prohibitiou against agreement by contract. In the event that allY provision or clause of this Security Instrument or the Note contlicts with Applicable Law, such contlict shall lIot afrect other provisions of ùlis Security Instrument or the Note which can be given effect without the cont1icting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean ami include corresponding Ileuter words or words of the feminine gender' Cb) words in tl(; singular shall mean and include the plural alld vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy, Borrower shall be giveu one copy of the Note and of this Security Instrument. 18, Transfer of the Propel'ty 01' a Beneficial Intercst in BOlTo\\'er. As used in this Section 18, "Interest in the Property" means any legal or beneticial interest in the Property, iucluding, but not limited to, those beneticial interests transferred in a blInd for deed, contract for deed, installmeut sales contract or escrow agreemellt, the intellt of which is the transfer of title by Burrower at a futuœ date to a purchaser. If all or any part of the Property or any' Interest in tile Property is sold or trallsferred (or if Borrower is not a natural person and a beneticial interest in Borrower is sold or transferred) without Lender's prior written conseut, Lender Illay require inulltdiatt payment in full of all SUIllS secured by this Security Instrument. However, this option shall not be exercistd by Lemler if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acvleration, The notice shall provide a periud of not less Ùlan 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all SUJllS secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender llIay iuvoke any renh:dies permitted by ùlÎs Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate .\fkr Accdenltion. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) tivt days befme sale of the 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 tll reinstate; or (c) elltry ur a judgment enforcing this Security Instrumellt. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security fnstrument and the Note as if no acceleration had occurred; (b) cures any default III ~IIIY other covenants or agreemeuts; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property illspection and valuation fees, and other fees incurred for the purpose of prolt::'cting Lender's interest in the Propaty and rights under this Security fnstrumellt; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security fnstrumellt, and Borrower's nbligatinn to pay the snllls secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and exptnses in one or more of the followillg tÙrms, as selected by Lemler: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check or cashier's check, provided allY such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or Cd) Electronic Funds Transfer. GJ\lACl\l, Cl\IS,1I1I42. WV (0001) (Pag¡' J.J (~118) [Hitia!>: ø r---.~\ V C)'" - \VYO;\I1NG -. Smg1é Fa¡¡úly -- Fannie ~yJJc/FrbldlC: tdac UNIPORl\l tNSTRU!v1ENf Forni .HJ51 1/01 '..,'-" ,·Qi6 r:; ,~-. '1' ,'.~} <'~ "\) /,-j...., Upon reinstatement by Borrower, this Security InstnnlJ~nt and nbligations secured her~hy 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 (togeùler with this Security Instrnment) can be sold one or more times wiÙlOut prior notice to Borrower. A sale might result in a change in the entity (known as Ùle "Loan Servicer") that collects Periodic Payments due under the Note and ùlÍs Security Instrument and performs other mortgage loan servicing obligations under th~ Nole, this Security Instrument, and Applicable Law. There also might be one or more changes of tlJe Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Sèrvicer, Burrower will be given written notice of the change which will state the I4lme and address of the new Loan Servicer, 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 Ùle Loan is serviced by a Loan Servicer oÙler than tile purchaser of Ùle Note, Ùle mortg;¡ge loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless othel'\vise provided by the Note purchaser. NeiÙ1er Borrower nor Lender may commence, 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 Instrument or that alleges that the other party has breached allY provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notitied the other party (with such notice given in compliance with the requircments of Section 15) of snch alleged breach and am)rded the other party hereto a rea~onable period after the giving of such notice to take corrective actioJl, If Applicable Law provides a time period which must elapse h::fore certain action can be taken, Ù1at time period will be deenJed to be reasonable for purposes of this paragraph. The Ilotice of acceJeration and opportunity to cure given to Borrower pursuant 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 actioJl provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are ÙlOse substances detined a, toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substanCès: gasoline, kerosene, other tlannnable or toxic petroleulll products, toxic pesticides and herbicides, voJatile solvents, materials containing asbestos or formaldehyde, and radioacti ve materials; (b) "Env i ronmemal Law" means fèderal laws and laws of the jurisdiction where the Prnperty is located that relate to health, safety or environmental protection; (c) "Environmental C]eanup" includes any response action, remedial action, or removal action, as detined in EnvirOlunental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envi ron1l1ental Cleannp, Borrower shall nut cause or permit the 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) that is in violation of any Environmental Law, (b) which creates an EnvironmeJJlal CtHldition, or (c) which, due to (he presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 589049204 1\1 \VYO¡\JING n SUlgle P'UlllÌY ,- P.lUùe ~Iae/Pr"i(he ~Ia" LJNIFOI{~IIfISTRU~ŒNT Furm ~\05l JlOI .~~ ~\ GJ\IACl\1 - CJ\fS,(JU42. WY (U(OI) (Page 15 oj 18) Initials: / .~\::) , ( ,. 'tb r:~'; {l .. ,q~ :~~ ~~~ adversely affects the value of the Propaty, The preceding two sentences shall not apply to the presence, use, or storage ou Ùle 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 sllaJl promptly give Lender written notice of (a) any investigation, claim, demaud, lawsuit or OÙler action by any govenll1lental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvironmeJJt:d Condition, including but not limited to, any spilling, kaking, discharge, rdease or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release or a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notitïeel by any governmental or regulatory auÚlOrity, or any private party, that any removal or other remediatiou of any Hazardous Substance affecting the Property is necessary, Borrower sh:¡! promptly take all necessary remedial actions in accordance with Enviroll1nenlal Law, Nothing herein shall create allY obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS, Borrower anel Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accelenttion following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 nnless A pplicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further infonn Borrower of the dght to reinstate after acceleration and the dght to bring a court action to assert the non-existence of a default or any other defeme of Bo....ower to accelenttion and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security InstrulIlent without further demand and may invoke the power of sale and any other remedies permitted by A pplicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, I'easonabte attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice or the sale to ßo....ower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender 01" its designee lIlay purchase the Pmpel'ty at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, hut not limited to, reasonable atto1'lleys' fees; (b) to all slims secnred by this Security Instrument; and (c) any excess to the pel"son or persons legally entitled to it. WVOM ¡NG . _. ,"".,.. '_m u""",~" M. U",'M" "''''''''''''' ,",.. ,., u" (:)'«;(5' ), GI\lACi'd - C1\JS.OO.J2. WY «(lOOt) (Page 16 (118) Initi"Is:' Jí-) \. <.. '" \ cl i ; "" i'· d, '-i:'l} i.~~: {J' . ',.~ ',~~~ 3 .¡ r 23. Release. Upon payment of all SlUllS secured by this Security Instrument, Lender shall release ùlis Security Instrumem, Borrower shaH pay any recordation costs, Lender Illay charge Borrower a fee for releasing this Sc:curity InS!HImt:IH. but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under AppliL'~lhle Law. 24. Waivers. 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 Instrument and in any Rider executed by Borrower and recorded wiù} it. Cl~V'--..¿/1 Charles J, H01~on /1. f /Ç-d<-Cv-o If /2 I /""ç- (Seal) - HllITower 0~~~~t lJ~, ttey / ¡- 1.2 ) () C') , I (Seal) - Borrower (Seal) -B(¡rn)wer (Seal) -Borrower LOAN NO: 589049204 Witnesses: \VYOJ\IING ,. SlHgk P"nuly u P,umÌ< !Il,,</Pr,',I,j¡< Mac UNIFUI'J,IINSTRtJt.lENT Form 3051 1/01 GJ\fACl\t - Cl\fS.0042.\VY (OOOI) (page 17 of 18) ,":' , ....,., ., '. jA} !,~; (~ ¡ ,~_ :~~ t"} INDIVIDUAL ACKNO\VLEDGMENT STATE OF WYOMING, COUNTY OF ~>l-l'')I\J ) ) SS ) The foregoing instruméJlt was acknowledged before me this November 21, 2005 (däte) by Charles J. Ho~ton, a single man and Dawn L_ Guff~y, a single woman, as joint tenants with rights of survivorship (person äckli')\I'ltdgilig) ,,-0 (/"Ti Ct.ttlL >.../. ' Notary Public (;:r e ...,c{. My Commission Expires: ~LAURIEêôE---~..~.J.~.?,~TÞ:RY I:;,U~)'-LI~~ ~~-"{~'." County of t';-~'\·:>¡ Sl,1\e uf 1:"'1" ')."1:) W ' Teton \~ß)j yarning ( My co~~~~~:':1~~2~~J \VYOJ\HNG .. SlIlglt FanuJ)'.. F","lit MatiFr,ddit Ma, U!W'()j{t.! ItISTRuw-r,n GJ\IACJ\J - Ci\lS.IHH2,WY lOOOI) (Page 18 oI18) l"rlld05~ .1101 (Jfft 0~1. J¡ul1als: ð·';'Y\ >' ( ;'~-.; {~: .'~ .~~ J ~'¡ hlC' :..J:r;'Ü ".<' Schedule A Wyoming ¡'lortgage Given By: Charles J, Horton and Dawn L, Guffey Page 1 Lots 1 and 2, Palis Park Subdivision, according to the official plat thereof, being part of the Nl/2SEl/4 and the SWl/4NEl/4 of Section 29, T37N, Rl18W, 6th P,M., Wyoming. This is a 1st Real Estate Mortgage recording with a 2nd Real Estate Mortgage dated 11/21/2005 in favor of GMAC Mortgage Corporation in the original amount of $32,000.00. C~(J¡tr