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Home My WebLink About914076 / f~J I <,( '7 (.. J it{ ~.:/ 1_.. .,'/\." l_il (' !Ì 0 ',) ('t 3 '". ',) ~1 f.~ r' j-" ,-.,..("\ 'I", , ,\. 1': /r. '. ',~ d ì.; U -:t U After Recording Return To: RECEIVED 11/22/2005 at 4:03 PM RECEIVING # 913943 BOOK: 605 PAGE: 646 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY GMAC Mortgage Corp. 100 Witmer Road Harsham, PA 19044-0963 ATTN: Records Management ISpllce Ahove Tlus Liue F"r Recording Dllta] LOlln No. 589333806 MIN 1000375-0589333806-4 CORRECTI VE MORTGAGE DEFINITIONS Words used in multiple sections of this document are detìned below and oÙler words are detìned in Sections 3, 11, 13, 18,20 and 21. Certain mles regarding Ù1e usage of words used in ù1Ïs document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 17, 2005 > togeÙler with all Riders to this document. (B) "Bon-ower" is Martin J. Werner and Stacy A, Werner, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "1\IERSII is Mortgage Electronic Registration Systems, Inc. !vrERS is a separate corporation Ùlat is acting solely as a nominee for IXllder and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. !viERS is organized and existing uncler the laws of Delaware, and has an address and telephoné number of P.O. Box 2026, Flint, M] 48501-2026, tel. (888) 679-MERS. \VY01\fING H SiJlgle Family.- FM.¡je Mae/Freddie Mac UNIFORM JW;\'IHJMENT Furm 3051 1/01 ~ "I (Page 1 of 18) 326329826 Initials: ~4f /1/ G1\fAC1\1 - C1\fS,0042. WY (0001) 345 NOTE: This serves to correct the legal description of tlJat certain mortgage recorded November 22, 2005 in Book 605 on Page 646 of the records of the Lincoln County Clerk. RECEIVED 11/30/2005 at 3:36 PM RECEIVING # 914076 BOOK: 606 PAGE: 323 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY C003~~4 '(1;,Z.Y;1, ¡¡ ,rV':'JC V....J¡J-=L_~V íl U ,-. ',ì I~ ,~ ¡; ~7 ' , . l .:'J ..... \J \.; \1 1: (D) "Lender" is GMAC Mortgage Corporation ~', <~;. :.q, ') ..,.~ ·"-,"--îcd Lender is a Corporation laws of Pennsylvania 100 Witmer Road, P.O. Box 963, Harsham, PA organized and existing under the . Lender's address is 19044 (E) "Note" means the promissory note signed by Borrower and dated November 17, 2005 . The Note states Ù1at Borrower owes Lender One Hundred Forty Five Thousand and 00/100 Dollars (U.S. $145,000,00 ) plus interest, BOITo\\'<:r has promised to pay this debt in regular Periodic Payments and to pay Ùle debt in full not later than December 1, 2020 (F) "Propedy" means the property Ùlat is described below under Ùle heading "Transfer of Rights in the Property." (G) "Loan" means ùle debt evidenced by the Note, plus interest, any prepayment charges and late charges due under Ùle Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to ùlis Security fnstrumellt that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D D D Adjustable Rate Rider Balloon Rider OÙler(s) [specify] D Condominium Rider D D Biweàly Payment Rider D D Planned Unit Development Rider Second Home Rider 1-4 Family Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have Ùle effect of law) as well as all applicable final, non-appealable judicial opiuions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and oÙler charges Ùlat are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means 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 authorize a financial institution to debit or credit an account. Such term includes, but is not lilllÍted to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telepholle, wire transfers, and automated cleariughouse transfers. (L) "Escrow Items" means those items Ù1at are described in Section 3. (J\I) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (oÙ1er Ùlau insurance proceeds paid under the coverages described in Section 5) fin: (i) dalllage to, or destruction of, Ùle Property; (ii) condemnatiou or OÙler taking of all or any part of Ù1e Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, Ùle value and/or condition of Ùle Property. \VYOl\IING -- SiJ.¡:k Famil)' u FaJUiIe Jv"e/F,eJdie Mac UNIFORM IM;TRUMENT ¡'.rm ]OSI JlOI GMACM - CMS.0042.WY (0001) (Page 2 of 18) Initials: ;1¡Ø1> [l- , '[ì ~tf~ f1' iC')Î'\ I,,~ " i U Uo..-J ~~-~'-' r' r n)' ') ~J 5 'r' \0) \ LJ'· '" '''''3 .'1. ' -i! ' (-"Î n ~ " () , I,', 1 :. 't ),,( '." \..1 \.J U ':t Û (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, Ùle Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under Ù1e Note, plus (ii) any amounts under Section 3 of this Sec:urity lnstrument. (p) "RESPA" means ùle Real Estate Settlement Pwcedures Act (12 U.s.e. §2601 et seq,) and its jllJplementing regulation, Regulation X (24 e.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 reg,lrd 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, wheÙler or not Ù1at party has assumed Borrower's obligatiollS under Ù1e Note and/or ù1Ís Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) Ùle repayment of Ùle Loan, and all renewals, extensions and moditications of Ùle Note; and (ii) Ùle performance of Borrower's covenants and agreements under this Security InstI1lment and the Note. For ù1Ís 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 Ùle County ¡Type of l<ecof(liug Jurisdictiou] of Lincoln INalJ1e uf Rec(mling Jurisdiction] SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 2005 Aspen Springs Road, [Slreel/ Kemmerer ,Wyoming 83101 ("Property Address"): ICily] ¡Zip Codej TOGETHER WITH all Ùle 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 ùlis Security Instrument. All of the foregoing is referred to in ù1Ís Security Instrument as Ù1e "Property," Borrower understands and agrees that MERS holds only legal title to Ù1e interests granted by Borrower in this Security Instrument, but, if necessary to comply Wiù1 law or custom, MERS (as nominee for Lender ~]Id Lender's successors and assigns) has the right: to exercise any or alJ of those interests, including, but not limited to, Ùle right to foreclose and selJ the Pmperty; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. \VYOJ\1JNG -- SUlgJ< Pamily -- Pamùe Mat/Preddie ~Jac UNIPOR~I JNSTRlI~ILNT Form 305\ 1101 GJ\tACJ\t - CJ\tS.0042. \VY (0001) (Page 3 of 18) Initials: ,.,1,,/V,·~, f :/' '1' '\, r., ,c" "~,{h'":'j.c- 'U ,,:>/ -lL C-':L IU Ii U (' n 0 ,) q 6 ..... u 0 !" ....", ,;-.:,~. d'J L*J ,..., (,.r.. 0 I n ',I U lJ q J .', I -.,' ~-' ,-j BORROWER COVENANTS Ù1at Borrower is lawfully seised of the estate hèreby conveyed and has the right to mortgage, grant ami convey thè Property and that the Property is unencumbered, except for eJlcmnbrances of record. Borrower warrants and will defend gènerally ù1e title to the Property against all claims and demands, subject to any encumbrances of record. TH1S SECURiTY INSTRUivŒNT combines uniform covemmts for national use and non-uniform covenants wiù1 limited variations by jurisdiction to constitute a uniform security instrument covering real propèrty. UNIFORM COVENANTS. Borrower and Lendèr covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Ch:U'ges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt nidellced by the Note and any prepayment charges and latè charges due undt:r Ùle Note. Borrower sl¡a1l also pay funds for Escrow Items pursuant to Section 3. PaYl1lènts due under the Note and ùlÌs 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 Ùlat any or all subsequent payments due under the Note alld this Security Instrument be made in oœ or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check ur cashier's check, provided any such check is drawn upon an institutiun 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 the location designated in the Note or at such OÙler location as may be designated by Lender in accordanCè wiù¡ the notice provisions in SeUiol1 15, Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring Ùle Loa)) current. Lender may accept any payment or partial payment insuftïcient to bring Ù1e 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 wiù1Ìn a reasonable period of time, Lender sha1l either apply such funds or return them to Borrower. If !lot applied earlier, such funds will be applied to the outstanding principal balance under Ùle 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 this Security Instrument or performing the covenants aJld agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted aud applied by Lender shall be applied in Ùle following order of priority: (a) interest due unda the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the urder in which it became due. Any remaining amounts shall be applied tirst to late charges, second to any other amounts due under this Security Instrument, aud Ùlen to reduce the principal balallct of the Note. LO~~ NO: 589333806 \VYOl\flNG .. SllIg!é Piülllly .. Famue Mae/Freddie Mi>c UNIFORM INSrJ(UHENT Form 3051 1/01 GMACM - CMS,OO'¡2. \\'Y (0001) (Page" of 18) Initillls: ¿41 ~V\ , '. 'r"?(' (1., ,I ,.'\' h (, Ii ' it) v::YL~'':''Li ,r' !Î 0 ':) ~J 7 .... ,) J...... ...r¡ . 0' ~ '._'~ '-'"1 ~,,-i (', '-I r\ "", r- r I," I: ),0 ',' '_J \.J U\... If Lender receives a payment tÌ"om Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charg~ due, the payment may be applied to the delinquent payment and the late charge. If more ÙHm OI1~ Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent Ùlat, each payment can be paid in full. To Ùle 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 lat~ 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, Of Miscellaneous Proceeds to principal due under Ùle Note shall not extend or postpone the due date, or change Ùle 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 Note is paid in full, a slim (the" Funds") to provide for payment of amounts due for: (a) taxes and assessments and oùler items which can attain priority over ùlÍs Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on Ù1e Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, Of any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiullls in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during tIle term of ù1e Loan, Lender may r~quire that Conllmnùty Association Dues, Fees and Assessments, if any, be escrowed by Burrower, 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 Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds I(Jr any or all Escrow Items. Lender may waive Borrower's obligation to pay [0 Lender Funds for any or all Escrow Items at any time. Any such waiver Illay only be in writing. In the event of such waiver, Borrower 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 œquires, shall furnish to Lender receipts evidencing such payment within such time period as Lender Illay 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 this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, lf Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lemler may 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 any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in snch amounts, that are Ùlen 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 Ùle time specitied under RESPA, and (b) nol to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance WiÙl Applicable Law. LOAN NO: 589333806 \VYOl\llNG n SUI¡:Ie Family n F<Uliue MaelFredJIe Mac UNIFORM INST[{lI~1ENT Farm ]051 1101 GI\1ACI\I - CI\1S.0042. WY (0001) (Page 5 of 18) ]Ilitillls: -AJ/ ~~ " " ,I .,¡n''''';6 "," ..., I"" 1'/ ' , U ::J JJ...;-":" '-J ' (' ',ì 0 .~ n 8 "'''' ',) v (", .r-' ¡ì (... " ~". '1 ',j ~,: U ~) i ,~¡ '~;j'; -lei '~ The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose depusits are so insured) or in any Federal Home Loan Bank. Lender s¡Jall apply the Funds to pay the Escmw Items no later Ùlan the time specitied under RESPA, Lender shaH not charge Borrowc:r for holdi ng and applying Ùle Funds, annually analyzing Ùle escrow account, or verifying the Escrow Hems, unless Lender pays Borrower interest on Ùle Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requin:s interest to be paid on the Funds, Lender shall IHH be required to pay Borrower any interest or earnings on Ùle Funds. Borrower and Lender can agn:e in writing, however, Ùlat interest shall be paid on the FUllds. Lender shall give to Borrower, without charge, an annual accounting of Ùle Funds as n:quired by RESPA. If Ùlere is a surplus of Funds held ill escrow, as detined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A, If tlJere is a shortage 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 shortage in accordance with RESPA, but in no more: Ùum 12 l1lollthly payments. 11' there is a deticiency of Funds heJd in escrow, as ddined under RESPA, Lender shalllj()tify Borrower as required by RESPA, and Borrower shall pay to Lellder Ùle amount necessary to make up the deficiency in accordance WiÙl RESPA, but in no more than 12 monthly paymems. Upon payment in full of all sums secured by this Security lnstrument, Lender slJall promptly refLmd to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shaH pay all taxes, assessments, charges, tines, and impositions attributable to Ùle Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Assuciation Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay Ùlem in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a) agrees in writing to the paymem of the obligation secured by Ùle lien in a manner acceptable to Lender, but only so loug as Borrower is performing snch agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the elltè)rctment of the lien \Vhi]e 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 the lien to this Security Instrument. If Lender determines that any part of Ùle Property is subject to a lien which can attain priority over this Security InstI1Jment, Lemler may give Borrower a notice identifying Ùle lien. WiÙlin 10 days of Ùle date on which Ùlat notice is given, Borrower shall satisfy Ùle lien or take one or more of the actions set forth above in ùlÍs Section 4. Lender Illay require Borrower to pay a one-time charge for a real estate tax veritication and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on Ùle Property insured against loss by tire, hazards included within the term "extended coverage," and any oÙler hazards including, but not limited to, earthquakes and t1oods, for which Lender requires insurance. This insurance shall be maintained ill the amounts \VYOI\HNG Single 1'al\w)' -- Fam.. Mae/1'r",1die Mac UNJFORM JNóTRUMENT Form 3051 1101 GMACJ\f - CMS.0042. WY (000l) (Page 6 of 18) Initials: /?r/'t~ '-¡'id. / 1\, " ':\ /øP 'I"^>¡'¡[~ ~.Jj :jti~_ -- .:: \.J! t/ 0 ,r-' n 0 I.) t) 9 \., ,J cJ f... ,r'J\ (~ () t:,~ 0 , '-JUUVI-.., " , ,'å ", "-il'<._~ (including deductible levels) and for Ù1e periods that Lender requires. What Lender requires pursuant to Ùle preceding sentences can change during the terJll of the Loan. The insmance carrier providing Ùle insurauce shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably, Lemler may require Borrower to pay, in conllèction with this Loan, either: (a) a one-time charge for flood zone determination, certitication and tracking services; or (b) a one-time charge IÜr flood zone determination and certitication services and subsequent charges each time relllappings or similar changes occur which reasonably might affect such determination or certification, Borrower shaH also be responsible for the payment of any fees imposed by the Federal Emergency ManagemeJlt Agency in connection with the review of any t100d ZOIlè determination resulting tiOIll an objection by Borrower. If Borrower fails to maintain any of Ùle coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or ,:lJlount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity ill the Property, or the contents of Ùle Property, against any risk, hazard or liability and might provide greater or lesser covcrage Ùlan was previously in effect. Borrower acknowledges that the cost of the insurallce coverage so obtained might signiticamly exceed Ùle cost of insuranCè that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security fnstrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, wiùl such interest, upon notice frolll Lender to Borrower requesting payment. Alt insurance policies required by Lender and renewals of such policies shall be subject to Lender's right [0 disapprove such policies, shall incluck a standard mortgage clause, and shaH name Lender as mortgagee and/or as an additioml loss payee, Lender shall have the right to hold Ùle policies and renewal certiticates. If Lender requires, Borrower shalt promptly give to Lender all receipts of paid premiums and renewal notices. ]f Borrower obtains any form of insurance coverage, not oÙ1erwise required by Lender, for damage to, or destruction of, the Property, such policy shalt illcJude a standard mortgage clause and sha] name Lender as mortgagee and/or as all additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made prurnptly by Borrower. Unless Lender and Borrower oÙ1erwise agree in writing, any insurance proceeds, wheÙler or not the underlying insurance was required by Lender, sllall be applied to restoration or repair of the Property, if the restoration Of repair is economically feasible and J .ender's security is II1lt lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreemellt is llIade in writing or Applicable Law reqnires interest to be paid on such insurance proceeds, Lender sha]] not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, LOAN NO: 589333806 \VYOMING .. Singk F.nuly.. Fiuuúe Mae/Freddie ~jac UNIFORM IN,rRlJ~IENT FùrmJU51 I/OI/- ,I >:1\ GMACl\J - CMS.OO-l2.WY (0001) (Page 7 of 18) Initials: __,'f¡f/I 'y~i ',:,' "1 I'J "r" 'P'»I_' U<::u J~"-:L\JJ . 'U C00330 r· ¡-, (' ':.~ ~: ~I ',j','\)d J . ~.~., ~< L4 ~'! .' or otller third panics, retained by Burrower ,;hall nut be p:lid (¡ut of rile insuralJi.:e proceeds and shall he the sole obligatiunuf BorJ'l)wer. If IIle restoratiunlH rep:lir is IIUt t:llillt)nlically i'c:isible IIr Lender's security would be lessened, the insur:luce pruceeds skill be applied [0 the sums secured by this Security Instrument, whether ur nul tllen dne, with the exct'ss, ir any, paid tu Borrowc:r. Such insurance procec:ds shall be applic:d iu the: order pJUvi(kd rur ill Section 2. If Borrower abandons the: Property, Lender may tile, negotiate aud setlle any available insurance claim and rdattd 1I!:ltters, I Burf(J\Ver dots nlH n:spund \\,jl!¡iu 30 days to a notice horn Lendc:r that tht insurance carrier lias offered 10 seH!è a cLliln, tllen L:lllkr 111:1)' neglJli:lte and settle: the claim, The 30-day perilld will begin when the notice is given, in t'i¡hL·r t'vellt, or if Lemler aLquires the Propt'rty uuder Section 22 or orht'fwise, Borrll\\'t'r htrd)' :Issigns 10 LelJlle:r (a) Borrower's rights 10 an)' insurance procee(1s in all alnOl1llC IJilt It! exceed the an1llun!s unpaid umler tht N()[e or tllis Security InStllllllent, and (b) any oth<:r of ßUJ10wer's rights (ulller than the rigllt hI any refund of unearn<:d premiullls paid by 8olTower) Iluder all iusurance policies l1()vering tile Prupt'rty, ,insufar as ~;uch rights [Ire applicable: to th<: cov<:rage of lite Property, Lender may USe the insuranL'e proL'<:eds cit!ic:r tu repair (Ir rC:SlII¡<: the Property or IU pay :unoullts unpaid under tile NOle ur this Security loSlrl1lllel1t, whetlJer lllout thco due. 6. OcclIpallc)'. Borrower shall uccupy, eS[abli~;h, and use tile Property as I!I)J ruwer's principal resideoce within 60 days after the exeèuliun uf this Security Insinllnent and skill continue to uccupy the Property :IS ßurrown's principal resilkJlce fur at least un<: yt:ar :Ift<.:r the date of oCCUpallèY, unless Le:nc!t:r otherwise agrees in widing, which cunsent shall out be lIm.:asonably withheld, or lInkss e:xtenuating circumstances exist wlliclt art beyond l!orroWtr's control. 7. Preservation, Maintl'llancc and Protectiou of the Pruperty; lusjJl,l'tiuns. Borrower shaJloul destruy, damage or impair the: Property, allow the PrlJpnty tu detc!iil:11c ur <.:uolmil waste un the Property. \Vlletlter or nol Borrower is residiog in llle Property, Borrower shalllllaiol:¡in the Properly ill order to preveot IIIC Property fruln (kterioraling or d<:CJt';¡sillg in value dlle to its conditioo. Unlc:ss it is c!t:termint'l! pursuant IU Sectiou 5 that rq);¡ir or resturation is III)! et:Ollol1lically feasible, Borrowtr shall promptly repail tht: Pruperly if d:IIII:lged to avoid furtllcr dettrioration or damage, If insurallcc ur condemnatioo pruCceds are l);[iel in clJllllection witlt d:uuage to, or the lakiog uf, tIle Pllipeny, BOI'J'lIwer shall be rtspunsible ¡()I' repairiog or restoring (lie Property ooly il I.<:nder has lelcaseel proceeds fur SUdl purpuses. Lemler may disburse proceeds fur tlte repairs alld 1l:Slorati(!1¡ in a siogle payment or in a series of progress payments as the wurk is coolpJeled. 11' tIle ill.sl1rance: ur L'olHknlll;lliuo pll)ceeels art oot sl1f1icieot to rep:lir or restore lite Pruperty, BUI,uwcr is nut reliè\'eelul l1orn)wcr's ublig:llillll for the completion of such repair or restoration. Leuder or its agent II];!)' lllake reasonabk entric,; upon and inspccliollS 01 tltc J'Ji)perty. If it has reasonable caus.:, Lelldcr nuy iI1Spl'l't tile illtniur uf {he: iln¡HO\elllellts on the Prnperty, Lender shall give Borrower Iltltice :It lIll~ ¡illlt' uf ur priur to such :In inkrilJr il1speClinn specifyillg sUl'h reasonable calise. 8. Borrower's Loall Appli('¡)tion. BlJrrower shall be in ckLiulr if, duril1g 111<: Loan applicatilJn process, Burrower or auy pc:rsons or entities acting al ¡he direction or Burrowc:r or Wilh B(rlOwer's kno\\ln1ge or consent gave materially fa]se, jl1iskading, U1' inaccurate information or slatements tu Lemkr (ur failed to pruvide Lcnder with n1;¡krial infollnatiun) in \\,YOl\lINC u SI"~1t I'''IIJ~)' P"III'¡' I"." 'I'r,,¡;¡¡, ¡,I", IINII'O/U,III'ISI11UI,ILíil F""l> JU51 I/Ul / ,,",, \ Gi\I.\CJ\L - CI\IS.UU-I2.\\'Y (UIIOI) (I'll!!!! S (418) IHilillJs: ,('WI t,~ì__, :-, (I ;" ,,-:-0 t:; /1 '" \1 \,: Uv".l. '1 ,~,.-.,"I. ,.fl ,rh~"itl' \3 ,-,,I ~I..,--d \.} ~ G ;' I" 0 t' "'.1 '-' ,) .:5 .J :'~, ,:'~l~i connection with the Loan. Material representations include, but are not limited to, representations conœrning Borrower's occupancy of the Property as Borrl)wer's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform Ùle covenants and agreements contained in this Security Instmment, (b) there is a legal proceeding that might significantly afti::ct Lender's interest in the Property and/or rights under ù1Ís Security Instrument (such as a proceeding in bankmptcy, probate, for condemnation or forfèÍture:, for eJlforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned Ùle Property, Ùlen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in Ùle Property and rights under ùlÌs Security Instrument, including protecting and/or assessing the value of Ùle Property, and securing and/or repairing the Property. Lender's actions can include, but are not lilllited to: (a) paying any sums secured by a lien which has priority oyer ùlis Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in ùw 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 Ùle 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, aud have utilities turned on or off. AlùlOugh Lender may take action under ùlis Section 9, Lender does not have to do so and is not under any duty or obligatioll lU do so. It is agreed that Lender incurs llO liability for not taking any or all actions aUÙlOrized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additiollal debt of Borrower secured by ùlis Security Instrument. These amounts shall bear interest at Ùle Note rate: from Ùle date of disbursement and shall be payable, WiÙl such interest, upon notice from Lellder to Borrower requesting payment. If this Security Instmment is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to Ùle Property, Ùle leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage lnsuranœ as a condition of making Ùle Loan, Borrower shall pay Ùle 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 Ùle mortgage insurer Ùlat previously provided such insurance and Borrower was required to make separately designated payments toward Ùle premiums for Mortgage Insurance, Borrower shall pay Ùle premiullls required to obtain coverage substantially equivalent to the Mortgage Insurance previously in etTect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in etTect, from an alternate mortgage ins mer selected by Lellder. If substantially equivalent Mortgage Insurance coverage is llOt avai]able, Borrower shall continue to pay to Lender Ùle amount of Ùle separately designated payments that were due when the 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-refundable, notwiÙlstal1ding Ùle fact Ùrat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can lIO longer require loss reserve payments if Mortgage Insurance coverage (in tIle LOAN NO: 589333806 \VYOl\lING n Sin¡:Je F¡unily n FaJUli. Mae/Freddie Mac UNJFOR~1 JNSfRUMENT Forl>l 3051 1101 .,~~ ç~ GMACl\( - Cl\IS.OO.t2. WY (0001) (Page 9 of 18) Initials: .. 'h: ~i~ , : " ,"¡ ..~ "¡-'f~C " ,'--:(ii "-". '0 II U '.....J,,--,..:-.;....J ...... (' f' n r~ r) -) '.' ,) \. v J ~ '< ~~-' ·~t ~J ,. ~...\ (~. OJ-'' r~'" fI""" " ',) '\.: V 0 0 amount and for the period that Lender requires) pnnided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender requin:d Mortgage lnsurance as a comlitioll of making the Loan and Borrower was n:quired to make separately designated payments toward the premiums for Mortgage Insufallce, Borrower shall pay the premiullIs required to maintain !vlortgage Insurance in effect, or to provide a non-refundable loss reserve, ulltil the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or lIntil 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. !vlortgage Insurance reimburses Lender (or any entity that purcbases the Note) t()f certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties Ùlat share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of fuuds that the mortgage insurer lIlay have available (which may include funds obtained from !\Iortgage Insurance premiullJs). As a result of these agreements, Lender, any purchaser of Ù1e Note, another insurer, any reinsurer, any other entity, or any aftiliate 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 modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an aftiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiullls paid to the insurer, the arrangement is oftell termed "captive reinsurance," Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for J\Iortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insnrance under the Homeo\\'nt:rs Protection Act of ] 998 or auy other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the ,Mortgage Insurance terminated automatically, and/or to receive a refund of auy Mortgage Insurance IH'emiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. \VY01\IING ~. Singlè Family u Fanniè Maè/Frèddiè Mac UNIFORM INSTRII~IENT Form 3051 JlOI G1\lACl\! - C1\1S.0042. WY (0001) (Page 10 of 18) Initials: ~étlt/ '\~ I' "~Inl""')l¡(" ,:,,0 ¡r 0 :-' (\ 0 r~ '3 3 '.' ,) v' (""', ,.:-, (' i,~ ~: 1'"'"\ I,' ,L·,. . ¡-. '.' .. ¡ \.: '-.; '\J U ';';-, - >~ ~;:~L- :j" If the Property is damaged, such !vliscellaneolls Proceeds shall be applit'd to restor~i(ion or repair of the Property, if the restoration or rep:tir is economically 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 au opportunity to inspect such Property to ensure Ùle work has been completed to Lender's satisfaction, provided Ùlat 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 complded. 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 Ùle restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument, wheÙler or not Ùlen due, WiÙl Ùle excess, if any, paid to Borrower. Such !vIiscellaneous Proceeds shall be applied in Ùle order provided for in Section 2. In the event of a total taking, destruction, or loss in value of ùle Property, the Miscellan<:ous Proceeds shall be applied to Ùle sums secured by this Security Instrument, wheÙler or not Ùlea due, with Ùle excess, if any, paid to Borrower. In Ùle event of a partial taking, destruction, or loss in value of the Property in which Ùle fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater ùlan the amount of ùle sums secured by ùlis Security Instrument immediately before Ùle partial taking, destruction, or loss in value, unless Borrower and Lender oùlerwise agree in writing, the sums secll1éd by LIlis Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds lIlultiplied by the following fraction: (a) the total amount of the sums secured immediately before Ùle partial takillg, destruction, or loss in value divided by (b) the fair market value of the Property inunediately 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 Ùle sums secured immediately before Ùle partiaJ taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the sums are then due. If Ùle Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as detined in the next senlt:nce) offers to nlllke an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is auùlOrized to collect and apply Ùle !vliscellaneous Procetds tither to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not Ùlen due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or Ùle party against whom Borrower has a right of action in regard to :\[iscellaneous Proceeds. LOAN NO: 589333806 \VYOf\JlNG n SiJl~1o Family·, F.uau. ~lae!Freddie Mac UNIFORM INSTRU¡,lENT Form ]051 1101 GMACM· Ci\1S.0042.WY (0001) (Page 11 of 18) !niti,ùs: :;~~/ (t~ ',.c,.,! ....:,¡ ,nt-,;L' tJ/ "--y 1 ~ ._..~ '\.J if U (' /Î () n r) £1 ;.) ',) \. ..) J ("". r ~\ ..... I,~ t::,.. ~""1 ',/ \,: l: v i Ct,J Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun Ùlat, in Lender's judgment, could result in tè>rfeiture of the Property or other material impairment of Lender's imaest in Ùle Property or rights under this Security IlIstrulllent. Borrower can 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 mling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages Ùlat are attributable to Ùle impairment of Lender's interest in tile Property are hereby assigned and shall be paid to Lender. All :rvliscellaneous Proceeds that are not applied to restoration or repair of Ùle Property shall be applied in the order provided for in Sectioll 2. ]2. Borrower Not Released; Forbearance By Lender Not a "'aiver. ExtellSion of Ùle time for payment or moditication of anlllrtization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shaJ] not operate to release the liability of Borrower or any Successors ill Interest of Borrower. Lender shall not be required to commence proceedings ag:lÍllst any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by ùlis Security Instrumellt by reason of any delllaJJCI made by the original Borrower or any Successors in lnterest of Borrower. Any forbearallce by Lender in exercising any right or remedy induding, wiÙlOUt limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less thaIl the amount 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 and agrees Ùlat Borrower's obligations and liability shalJ be joint and several. However, any Borrower who co~signs this Security Instl1lment but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under Ùle terms of this Security Instrument; (b) is not personally obligated to pay the SUIllS secured by ùlis Security Instrument; and (c) agœes that Lender and any other Borrower can agree to extènd, modify, forbear or make any accommodations WiÙl regard to the terms of this Security InstnJJIIt:nt or the Note wiùwut the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under ùlis Security lnstrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benetits under ùlis Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covc:nants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benetit the successors and assigns of Lender. \VYOl\IING -, 5mgJe Pa¡¡¡ily -, Pa¡uJ;e Mae/Freddie Mac UNIFORM IN,rRUMENT Form :1051 JlOJ GMACI\I - CMS.0042, \vY (0001) (Page 12 olIS) Inilia!s: J"_/~ ,/!'(Y ~j r-' ¡ì 0 ì~ f) 5 '.,.) v J ,r. ;-~ r" "~, h () , ,¡ \..' lJ oJ 0 , \ ,'> i ,"f' '-'6' ¡, ,: '- I ; I '~IHJJ" "-J "--~. ~~...:..J '-':;.C't.. tI '" ;. \,~-, ,<.' .;[' .......h 14. Loan Charges. Lender may charge Borrower fees for services performed in connection WiÙl Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under ùlÍs Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrumeut to charge a specitìc fee to Borrower silall not be construed as a prohibition on the cI¡¡¡¡ging of such fee. Lender may nut charge fees tilat are expressly prohibited by this Security Instrument or by Applicable Law. If Ùle Loan is subject to a law which sets maxi1l1umloan charges, and that law is finally interpreted so that the interest or other loan charges coIlected or to be collected in connection WiÙl Ùle Loan exceed the permitted limits, then: (a) any such loan charge silall be reduced by the amount necessary to reduce Ùle charge to Ùle permitted limit; and (b) any sums already collected ÍÌ'om Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under Ùle Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment WiÙlOut any prepayment charge (wheÙler 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 allY right of action Borrower might have arising out of such overcharge. 15. Notices. All Notices given by Borrower or Lender in connection with ùtis Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually 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 oÛlerwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lemler of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, Ùlen Borrower shall only report a change of address through that specitìed 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 unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If auy notice required by ùlÍs Security Instrument is also required under Applicable Law, tile Applicable Law requ ire me III will satisfy the corresponding requirement lIIlder this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security InstnJment shall be governed by federal law and Ùle law of ûle jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a LOAN NO: 589333806 \VYOMING ,~SiJlgk Family u Fam';e Mae/Freddie Mac UNJFORM INSTRUMENT Fùrm 3051 1101 ,/ /'. ~~ GJ\tACJ\I - CMS.0042.WY (OOOl) (Page 13 of 18) l¡útials: ·,'//'I t,. . ", 'C ·'1 >~ iq,V"..,,(~ '0' 2i .L... '-:..( \..J} tI '<.... (" 'ì 0 ('\ ..., G '.' U \ .) J r-, '\ ,', ,"") t:; ,., , \j ~j l' '0 :.J ;'l"~j, prohibition against agreement by contract. In the event that any proV1SlOU or clause of this Security Instrument or the Note contlicts with AppJicablè Law, such cout1ict shall nut affect other provisions of ùlis Security Instrument or the Nute which can be given effect withuut Ùle contlicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter wurds or words of Ùle feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) Ùle word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of tJle Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section ]8, "Interest in the Property" means any legal or beneticial interest in the Property, including, but not limited to, those benetìcial interests transferred in a bond for deed, contract for deed, in;;tallment sales contract or escrow agreement, the intent of which is the tra¡¡;;fer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in Ùle Property is sold or transferred (or if Borrower is not a natural persoll and a bendicial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised 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 uf llOt less than 30 days rrom Ùle date the notice is gi ven in accordance with Section} 5 within which Borrower nmst pay all sums secured by this Security Iustrument. If Borrower fails to pay these sums prior to Ùle expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demaud on Borrower. 19. Borrower's Right to Reinstate Afler Acceleration, If Borrower meets certain conditions, Borrower shall have Ùle right to have enforcement of this Security Instrument discontinued at any time prior to Ùle earliest uf: (a) live days befort sale of the Property pursuant to any power of sale contained in Utis Security lustrument; (b) such other period as Applicable Law might specify for the termination of Bl)rrOWer's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that 8orrower: (a) pays Lender all sums which then would be due under ùlis Security InstrulJlent and the Note as if ¡IU acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays aU expenses incurred in enforcing this Security InstnJmt.:lH, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other tàs incmred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes snch actinn as Lender may reasonably require to assure ùlat Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, sh;tll continue unchanged. Lender nJay require Ùlat Borrower pay such reinstatement sUlns and expenses in one or more of the j(¡Jlowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified 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. \VY01\IING ., Single Family n Pa¡u1ie Mae/Preddie Mac UNIFORM JNSTRlIMENT Furm 3051 1/01 _,¡{, /. (ì G1\fACi\l - Cl\IS.0042. WY (0001) (Page 14 of 18) Iniliuls:P;¿ tL t"· ¡ì 0 (~ q 7 \~ d 00 ,", .,'"', .", '> (Y: 0 :,) i; u- ù : , , " I-'"\i f' " ( -.1 II"'1::-' 1~- u::::ilL:·jUJ Ii U "~) ----- ~- ¡:. .~ :..:..."--..':. Upon reinstatement by Borrower, ùlÍs Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, ù1Ïs right to reinstate shall not apply in Ùle case of accelerationu1lder Section 18. 20. Sale of Note; Change of Loan Senicer; Notice of Grievance. The Note or a partial interest in Ùle Note (togeÙler \Viùl ùlÍs Security IIlstrument) 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") Ùlat collects Periodic Payments due under Ùle Note ami [his Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of Ùle Note. If there is a change of Ùle Loan Servicer, Borrower will be given written notice of the change which will state Ùle name and address of Ùle 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 the Loan is serviced by a Loan Servicer oÙler than the purchaser of dle Note, Ùle mortgage loan servicing obligations to Borrower will remain with die Loan Servicer or be transferred to a successor Loan ServiceI' and are Iwt assumed by Ùle Note; purchaser unless otherwise provided by the Note purchaser. NeiÙler Borrower nor Lender nray conllnence, join, or be joined to any judicial action (as eiÙler an individual litigant or Ùle member of a class) that arises from die other party's actions pursuant to ùlis Security Instrument or Ùlat alleges that the oÙler party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notitied Ùle other party (with such notice given in compliance with tbe requirements of Section 15) of such alleged breach and afforded the oÙler party hereto a reasonable period after Ùle giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of ù1Ís paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and Ùle notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy Ùle notice and opportUllÍty to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in ùlis Section 21: (a) "Flazardous Substances" are those substances detined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and Ùle following substances: gasoline, kerosene, other t1ammable 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 Ùle jurisdiction where the Property is located Lhat relate to health, safety or environmental protectioJl; (c) "Environmental Cleanup" includes any response actioJl, remedial action, or removal action, as detined in Environmental Law; and (d) an "Environmental Condition" means a condition Ùlat can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit Ùle presence, use, disposal, storage, or release of any Hazardous Substances, or Ùneaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting Ùle Property (a) that is in violation of any Environmental Law, (b) which creates all Environmental Condition, or (c) which, due to Ùle presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 589333806 \VYOl\IING -- Single Family -, Faruúe Mae/Freddie Mac UNIFORM IN''TRll~IENT Form 3051 1101 / GMACM - CMS.0042.WY (0001) (Page 15 of 18) Initials: :/.1:0 íj\ · )¡'':':'d ,Jj mil -"":ilf...' \....J --.: -:..J...., ~.:.( \Y , '{) ~-. 'Î r. " q 8 ,~ u u ,) .) r-' ,... r. ... G ' " ,. '.' '.1, ,- r. ./ \j \.} V ~ 1.. " -- adversely affects the value of Ùle Property. The preceding twu sentènces shall not apply to t\¡e presence, use, or storage on the Property of small qualllities of Hazardous Substances that are generally recognized to be appropriate to nurmal resi(kntial uses and to )nai lIlellance uf 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 governmental or legulatory agency or private party involving Ùle Property and any Hazardous Substance or Environmental Law uf whic\¡ Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or Ùueat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is JHJtitied by any govenunelltal or regulatory aUùlOrity, or any private party, that any removal or oÙ¡er remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviwmnental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup. NON-UNIFORlvl COVENANTS, Borrower and Lemler furùler covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless A pplicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cnre the default; (c) a date, not less than 30 days from the date the notice is gi ven to Borrower, by which the defanlt must be cured; and (d) that failnre to cure the default on or before the date specified in the notice may result in acceleration of the snms 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 specified 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 J'emedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, 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 foreclose to Bon'ower and to the person in possession of the Pmperty, if different, in acconlance with A pplicable Law. Lender shall gi ve notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by A pplicahle Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied iu the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (h) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. GMACM - CMS.0042.WY (0001) (Page 16 of 18) Initials: ;:/;;// CJ r V \VY01\IING n Sm¡:le Family u F,om;, Mao/Freddie Mac UNIFORM JN~TI{lI~1ENT Form 3051 IJUl ,r'I"[' (". ..., ~ ( , ,r' ,'",' r.~ í) '. d \} u li G 'J ~: "';~'··-i¡ fj a-'tJ~Yr~ U ,-.:1 d;':J. '-J II 'U " 'ìO''\t'lg ~..~) .. J .j ,",,:: 23. Release. Upon payment of all SUlllS secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay allY recordation costs, Lender may charge Borrower a fee for releasing this Security Instmment, but only if the fee is paid to a third party for services rendered and the charging () f Ùle fee is permitted uncler Applicable La w, 24. 'Vaivers. Borrower releases and waives all rights under and by virtue of Ùle homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to Ùle terms and COYeuants contained in ùlis Security Instrument and in any Rider executed by Borrower and recorded with it. /" /-;'1____7 ,___'Ø'~/ . /~/' v-- ...- /_" f~;:_~' /;;..---. .:.='t'.-;,-;;;¡ / ,..----...:----..--____ Martîn J-':' ~~erner (Seal) -Born)w~r /z' , -) ð"], {l K ',,"""_ ::;tacy A,.' werner (,S'p, ¡I) - Borrower ¿(/? Hart i:?'~' e~~-"---'- (Seal) -Borrower ~a. {(1~ Stacy Herner (Seal) -Borrower LOÞ~ NO: 589333806 Witnesses: \VYOI\HNG u Single Family Fiuu¡ie Moe/Freddie Mac UNIFORM INSrRlJ,\ŒNT Form 3051 1/01 GMACI\f - Cl\JS.0042. WY (0001) (Page J 7 of J 8) , .: )I'rh~;"'-" ""'~'/I '¡I/'jJ ,'th." \.j,--.!/~""~\!..' W' U ". , /,,, '. .~' i:id ,",. "'(363 ,. ¡Î 0 '1 4 0 I" ,j Ù \ ~ . INDIVIDUAL ACKNO\VLEDGMENT STATE OF WYOMING, ) ) SS COUNTY OF ~¡ h~ðt",- ) The foregoing instrument was acknowkdged before me this November 17, 2005 (date) by Martin J. Werner and Stacy A. Werner, husband and wife (persoll ackr¡,)\\ ICdg ing) -1tLL Notary Public My Commission Expires: )D/d~b1 r i l' ~ " } I', .it' f ["} ,,: i; I I->Ud\.\l~ r " :,II,IIOf y / \IJ\\¡i·/¡\NG t ',' / 6~ ;;;-00 STATE OF WYOMING ) ) ss ) COUNTY OF LINCOLN The foregoing instrtument 23rd day of November, 2005 by \.¡as aCknOWledgedEfore me this Martin J. wer~r' 'nd Stacy A. He(ñer. , ì Û Ll Of-vklf/ Notary Public ~ My Commission Expires: February 2, 2006 r·.------- . ..... I i;HW, C( 8''J;(I.'L,.I.::,','" .¡lOrAh',' f:l,c,';~;.~-'-j-' I (~',"">~ct<ifj;;~;:~,;~, SI,.1.o/ , bl.l~::.::.J ili''':' '{"i¡¡; (1) II',. ,: . ._-~_.._-,._._.~~~~~~!.~--~-~: ::":~:~~_. \VYOl\HNG ." Singk Family u ramie Mae/Frecldlc Mac UNJFU!,f,¡ 1~~SrHU~lENT Furm 3051 1/01 GMACM - Cl\IS.0042. WY (0001) (Page 18 of 18) Iuitiuls: ,r' n 0 ,'\ 41 '., ,) J .. :. '..: ,- I 1\1 )fìt:;i 1~ u ,3 ~-'''- '-J '" Schedule A Wyoming Mortgage Given by: Martin J. Werner and Stacy A. Werner Page 1 Reference Parcel 8, Aspen Springs Tracts A parcel of land located in the S~ of Section the NW~W){ of Section 8, T21N Rl15W of the County, Wyoming, to wit: 5 and a portion of 6th P. M., Lincoln Beginning at the southwest corner of said Section 5 and running thence N 00°06'4711 W, 780.00 feet to a point: thence S 89°11'5411 E, 2464.55 feet to a point; thence 119.95 feet along a curve to the right having a radius of 1668.96 feet and a long chord bearing S 0°48'46'1 E, 119.92 feet to a point on a centerline having a 30 foot easement to the right and running parallel; thence along said easement line S 1 ° 14' 46'1 W, 1 71. 16 feet to a point; thence along said easement line S 69°59'4111 W, 421.35 feet to a point; thence along said easement line 206.33 feet along a curve to the right having a radius of 1145.91 feet and a long chord bearing S 75°09'1111 W, 206.06 feet to a point; thence along said easement line S 80°18'4111 W, 326.54 feet to a point; thence along said easement line 149.16 feet along a curve to the left having a radius of 1145.92 feet and a long chord bearing S 76°34'5611 W, 149.04 feet to a point; thence along said easement line S 72°51'1211 W, 463.68 feet to a point; thence along said easement line 119.87 feet along a curve to the right having a radius of 1146.28 feet and a long chord bearing S 75°50'5711 W, 119.82 feet to a point; thence along said easement line S 78°34'2611 W, 758.01 feet to a point; thence along said easement line 97.07 feet along a curve to the right having a radius of 247.11 feet and a long chord bearing S 88°54'1811 W, 96.45 feet to a point; thence leaving said easement line N 00°05'0511 E, 149.99 feet to the point of beginning. Reference Parcel 13, Aspen Springs Tracts A parcel of land located in the SW){ of Section 5, T21N R115W of the 6th P.M., Lincoln County, Wyoming, to wit: Commencing at the southwest corner of said Section 5 and running thence N 00°06'4711 W, 780.00 feet to the true point of beginning; thence N 00°06'4711 W, 701.01 feet to a point; thence S 86°48'1611 E, 2439.41 feet to a point; thence S 2°52'1811 E, 600.25 feet to a point; thence N 89°11'5511 W, 2464.55 feet to the true point of beginning. ; t~ ;