Loading...
HomeMy WebLinkAbout914287 I. Y r¡ 0...) v 1./))1 J ,-, ·ì .... ;' () 1'1 ' ! I'·'· ('>. ... <, \.J ".J '"--, ...J Aft"r Recording Return To: RECEIVED 12/7/2005 at 3:49 PM RECEIVING # 914287 BOOK: 607 PAGE: 84 JEANNE WAGNER LINCOLN COUNTY CLERfC, KEMMERER, WY GMAC Mortgage Corp. 100 Witmer Road Harsham, PA 19044-0963 ATTN: Records Management [Sparc Alwvc This LUll' For Rl'ronJillg Data] Luau !\Io. 588253203 MIN 1000375-0588253203-2 J\IORTGAGE DEFINITIONS Words used in multiple sections of this dOClllllent are defined bdow and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usagl: of words lIsl:d in this document are also provided in Sectiun 16. (A) "Security Instrument" !Deans this document, which is dated December 1, 2005 ,together with all Riders to this document. (B) "Borrower" is Leisa Lorraine ë:iTrd--Ðttr1tl Ruta Lea Horner, Tenants In Common Dana and Borrower is the mortgagor lIndl:r this Security I nstrllment, (C) "1\IERS" is Mortgage Electronic Registratiun Syskms, lnc, MERS is ¡¡ separate cnrporatinn that is acting solely as a nominee t'nr Lender and Lt:nder's SllCCC.o;o;() "s and assigns. MERS is the mortgagee under this Security Instrument. MERS is organizl:d a III I t:xisting unùer the laws of Delaware, amI has an addœss and tdephone nllmbl:r of P,O. Box 2026, rtint, MI 48501-2026, tel. (888) 679-MERS. WYOI\HNG .. SU1gle ['",nil)'.. ['",",je M'.ei[',eJ)ieK" ,e Õ UNIFORM INSTRUMENT )lur", ~\OSJ 1101 ( ---0 (Page 1 of 1 Ii) 327896233 IlIitials: L-~ GI\IACI\1 - CI\IS.0042.WY (0001) ell 941 r, ì (~' 0 ,0" . I,) tj C Ö J (D) "Lender" is GMAC Mortgage Corporation \' jj " Lender is a Corporation laws of Pennsylvania 100 Witmer Road, P.O. organized and existing under the , Lendtr's :Iddress is Box 963, Horsham, PA19044 (E) "Note" means the promissory note signed by Borrower and dated December I, 2005 . The Note states that Borrower OWeS Lender One Hundred Thousand and 00/100 Dollars (U .S, $ 100, 000 . 00 ) plus interest. Borrower has promis<:d to pay this debt in regular Periodic Payments and to pay the dtbt in full not later than January I, 2036 (F) "Property" means the property that is described b¡;luw under the heading "TranstÚ of Rights in the Property." (G) "Loan" means the debt evidenced by th¡; Note, plus intertst, any prepayment charges and late charges due under the Note, and all sums due under this Stcurity Instrument, plus interest. (H) "Riders" means all Riders to this Security (nstrumelll that an: executed by Borrower. The following Riders ar¡; to be ex¡;çuttd by Borruwer [check box as appljcabl¡; : D D D Adjustahle Rate Rider Balloon Rider Other(s) [speçjfy] D D D Condominium Rider D Biwtekly Payment Rider D Pbnlled Unit Development Rider Seçond Home Rider 1-4 Family Rider (I) "Applicahle Law" means all controlling appliçahle federal, state and loçal statutes, regulations, ordinançes and administrative rules and orders (tbat have the effeçt of law) as wtll as all appliçable final, non-apptalable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" Ineans all dues, fees, asstssments and other charges that are imposed on Borrower or tht Property by a çUJIlh>minium association, homeowners assoçiation or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, othtr than a transaçtion originated by c'heck, draft, or similar paptr instrument, whiçh is initiattd through an eltçtronic terminal, telephoniç instrument, çOlnputer, or magnetic tape so as to order, instruçt, ur authorize a financial institution to debit or çredit an account. Suçh term includes, but is not limited to, point-of-sale transtèrs, automated teller machinè transaçtjons, transtÚs initia!èd by telephone, wire transfers, and automated dearinghouse transfers. (L) "Escrow Items" means those items that are desnibed in Section 3. (~I) "J\Iiscellaneous Proceeds" means any çompensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under th¡; çoverages dtsçribed in Section 5) for: (i) damage to, ur destrudion of, \¡,~ Prupt:rty; (ii) cOlll!èmnation or othtr taking of all or any part of the Property; (iii) çonveyance in lieu of conclènlllati"n; or (iv) misreprestntatiolJs of, or omissions as to, tht value and/or çonditiolJ of tht Property. \VYOMING .. Sing'e Family n ¡".lie Mae/Freddie ~Iac l.INIFUR~IINSTI(lI,\IEN' Form 3051 L'01¡-:?) ¡) f f Gi\-IACI\I- Ci\!S.00; 2.WY (0001) (Page "2 of /S) Initials: (^.~/ j:Jr. !f,:;! r, n n ,.. () G'. '.. --J '..: l: ò / ....i~, ~~'~ :C~¡ 8~' j' (N) "l\lortgage Insurance" 1l!~ans insurance prokcting L~ndçr againsi thç nonpaY J ~nt of, or dd'ault on, the Loan. (0) "Periodic Payment" m~ans thç n;gularly sçheduled amount due for (i) prim:ipal and interest under the Notç, plus (ii) any illnounts under Seçtion 3 of this Senility Instrument. (P) "RESP A" means the Real Estate Settl~rnent Procedures Au (12 U.s. C, §260 I et seq,) and its implementing regulation, Regulation X (24 C,F,R, Part 3500), as they might be amçndçd from time to time, or any additional or suççessor legislation or rçgulation that gOVL:fI\S the same subject matkr. As used in this Seçurity Instrul1l~nt, "RESP,-\" rd'ers to all requirenwnl sand rçstrictions thai arÇ i/l1pos~d in regard to a "federally relakd nH)rlgag~ loan" even if ¡he Loan does not qualify as a "fedc:rally related mOltgag~ loan" rmder RESPA. (Q) "Successor in Interest of Borrower" llJeans any party that has takt:n till~ to the Property, whether or not that party has assUlllçd Borrowçr's obligations under the Note and/or this Seçurity Instrurnent. TRANSFER OF RIGHTS IN THE PROPERTY This Seçurity Instrumeut seçures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's çovenants and agreements under this Security lustrument alld the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Len¡Jçr and Lender's successors and assigns) and to the sucç~ssnrs and assigns of MERS, with pnwer nf sale, the fnllowing described property located in the County [Type of Re("onli.llg .Jllrbdktioll] of Lincoln (Name uf R('(·unli.llg .JllrbdirljulI] SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. which curr~nt]y has the address of 291 Dana Street, [Srreel) Thayne ,Wyoming 83127 ("Property Address"): [City} [Zip Code} TOGETHER WITH all the imprnvements now or hçreafter er~çkd on th" property, and all easements, appurtenances, amI fixtur~s now or hereafter a part l)f the property. All replac~ments and additions shall also he covered by this S~curity Instrum"nl. All of the foregoing is rdÌ::rred to in tlJis Seçurity Instrullwnt as the "Property," Borrower understallds and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if neçessary to comply with law or' custOllJ, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those int~rt:sts, including, but not limited to, the right to foreclose and sell the Property; and (n take any actinn required of Lender including, but not limited to, releasing and canceling lhis Security Instrument. ~l) /' d ¡¿ \VYOl\l1NG u ~iJl¡1c !"mily.. Fannie ~la<'FfOddi, Mac UNIFORM IN~TR[I~IENT Fun" 3051 II~F' 7/ .. 1// GI\HCM . Cl\fS.OO.t2.WY (0001) Wage 3 of 18) luitiaJs: ?',.(--- rr t . " 'i r: ;. () ~"ì.· '.... ~,.J t} t.) Ô I ..."J E""':) i....:J, ,Ii - BORROWER COVENANTS that Bünuwer is lawfully seised of the estate hereby çonveyed and has the right to mortgage, grant and çonvey the Property and that the Property is unencumbered, exœpt for encumbranœs of recürd, Borrower warrants amI will defend generally the title to the Property against all daims and dernamls, subjed to any encnrnbrances of record, TI1JS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, amI Late Charges, Borrower shall pay when due the prine ipal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Not\::. Burrower shall also pay funds for Escrow Items pursuant to Scc!iun 3. Payments due under the Nol" and this Security Instrument shall be made in U ,S, çurrençy. However, if any check or othcor instnlIllc'llt reçeived by Lender as payment und.:r the Note or (his Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due umler the Note and this Security Instrument be made in OIle or more of the following forms, as selected by Lender: (a) cash; (b) money order; (L:) œrtified check, bank cheçk, treasurer's çheck or cashier's L:heL:k, provided any such çheck is drawn upon an institution whose deposits are insured by a fed"ral agency, instrumentality, or entity; or (d) EJectrnnic Funds Transfer, Payments are deeme:d reœive:d by Lemler when re:L:(:ive:d al the ]()cali\)n designated in the Note or at sud) other location as may be designated by Le:nder in aCL:ordanL:e with the notiçe provisions in Section 15, Lender may return any payment or partial payment if the payme:nt or partial payments are insuffiçjent to bring the Loan cunent. Le:nder may accept any payment or partial payment insuftïcie:nt to bring the Loan current, without waiver of any rights hereunder or prejudice: to its rights to ref11se sllch payment or partial payments in the future, hut Lende:r is not obligate:d to apply such payments at the time: suçh payments are açcepted. If each PeriodiL: Payment is applied as of its scheduled due: date, then Lemlt::r w:t:d not pay interest on unapplied funds, Lemler may hold such unapplied funds until Borrower rnake:s payment to bring (ht: Loan current. If Borrower does not do so within a reasonable pe:riod of time, Lender shall either apply such funds or return them to Borrower. If not applied earlie:r, SUL:h funds will be: applied to the outstanding principal balance und",r the Note imme:diatdy prior tu furec]usurt:. Nu offsel or claim whidl Bonower might have now or in the futuft: against Lt:nder shall rdie:ve BO!Tuwer from making payments due unde:r the Note and this Security Instrumeut ur pert()rrning the covenants and agreements secur",d by this SeL:urity Instrument. 2. Application of Payments or Proceeds. Excc:pt as otherwise de:scrihed in this Section 2, all payments acce:pted and applied by Lel1ll",r shall he applied in thl' 'ullowing urde:r of priority: (a) intt:rest due under the Note; (h) principal due under the Note; (c) amounts due under Section 3, Such paYIl1e:nts shall be applj(:d [0 c:ach P"riodic Payment ill the order in which it became: due, Any remaining amounts shall he applied first to late charges, st:cond to any other amounts due under this Security InstnlJnellt, ami tht:lI to reduçe tile principal b,dance uf the Note. LOAN NO: 588253203 WYOMING h Sin~1o F:unily·· Fa,"~e ~1'eiFredJi, ~Ia" lINIF()R~IINS1IUlMEN"1 GI\1ACM - CI\IS.0042.WY (000]) (Page 40/18) FOnIlJOS1,JiOlf?) ~./f ¡1111mb. ¿..---~ r. 1"1 0. .- . . ~"} tJ (;. :Q''i '-.j'¡ If Lender re<.:tives a payment from Borrowtr for a ddinquent Ptriodic Payment which includes a suftìcient amount to pay any late <.:harge due, the payment may be applied to the ddinquent payment and the late charge, If more than one Periodic Payment is outstanding, Lemler may apply any payment received from Borrower to the repaYlIJtnt of the Periodic Payments if, ami to the extent that, each payment can be paid in full, To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may bt applied to any late chargts due. Voluntary prtpayments shall bt applied first to any prtpaymtut charges and thtn as des<.:ribed in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone tht due date, or change the amount, of the Periodic Payments. 3. Funds fo,' Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until tht Note is paid in full, a slim (the "Funds") to p")vide for payment of amounts dut for: (a) taxes and assessmtnts and other items which can attain priority OVer this Security Instrument as a litn or encumbran<.:e 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 prtmiums, if any, or any sUlns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrnw Iterns," At origination or at any time during the term of the Loan, Ltnder may rtquirt that Community Association Dues, Fees and Asstssnknts, if any, he escrowed by Borrower, and such dues, fees, and assessments shaH be an Escrow Item. Borrower shall prnmptly furnish to Lendtr all notices of amounts to be paid under this Stction. Borrower shall pay Ltnder the Funds for Escrow Items unless Lender waives Borrowtr's obligation to pay the Funds for any or all Escrnw Ittms, Lender may waive Borrower's obligation to pay to Lender Funds for any or aJl Escrow Jltrns at any time. Any such waivtr may only be in writing. In tht event of such waiver, Borruwtr shaJl pay directly, when and where payable, the amounts due for any Escrow (terns for which payment of Funds has heen waived hy Lender and, if Lender requirts, shall furnish to Lemler rectipts evideneing such paymtnt within such tim.: period as Lender may require. Borrower's ohligation to make sud! paymtnts and to prnvidt: rectipts shall for aH purposes be deemtd to be a covenant 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 directly, pursuant to a waiwr, and Borrower fails to pay the amount dUt for an Escrow Ittm, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obI ¡gated under Section 9 to repay to Lender any such amount. Lendtr 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 FUllds, and in such amounts, that art then rtquired under this Section 3. Lender may, at any time, collect and hold Funds ill an amollut (a) sufficit:nt to ptrmit Lender to apply the Funds at the time specified under RESP A, and (b) nut to txcetd the maximum amount a lender can require under RESPA. Ltnder shall estímak the amoullt of Funds due on the basis of current data and reasonable estimaks uf expenditures of fUltll<: Escrow Items or otherwise in accordanct with Applicablt Law. LOAN NO: 588253203 W ~ \VYOìUING .. Single Fà'hUy" Fàl"ic "bdFréddi< "bc UNIFORM INSTRUMENT [<'''1"111.1051 1101 _.- . fþ G!\L\CI\I- CI\IS.OO; 2.\\'Y (0001) (Page 5 1~!'18) lnitialr C _ . 00 Öð r-' .'",\ 0· 'ì : . , ; \ ,'i ' ~, 9 '.. ,j -..,). \...i (J - r)l··" 1 ('j J 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 deposits an: so insured) or in any fí:daal Home Loan Bank. Lender shall apply the funds to pay the Escrow Items no later than the tin (; specified under RESPA. Lemkr shall not charge Borrower for holding and applying the Funds, annually analyzing the esçrow açcollut, or verifying the Escrow ht::ms, unless Lendt::r pays Borrown inkrest on the Funds and AppJ icalJ!t:: Law permits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires inteæst to be paid on the Funds, Lender shaJl not bt:: required to pay BnrltJwer any intert::st or earnings on the Funds, Borrower and Lender can agret:: in writing, howt::ver, that interest shall be paid on the Funds, Lt::ndt::r shall give to Bnrrower, without charge, an allnual accounting of the Funds as rt::quired hy RESPA. f tllere is a surplus of Funds held in esnow, as dd'inecl under RESPA, Lt::nder shall account to Borrowtr for the excess funds in accordance witll RESPA, If thtre is a shnrtage ()f Funds held in escrow, as ddìned unda RESP A, Lemler skill notify Borrower as required by RESP A, and Borrower shall pay tn Lender the amnuut necessary to make up tlw shnrtage in accordanœ with RESP A, but ii1 no mort than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lt::nder shaJl notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up tht:: dd'iciency in accordanct:: with RESP A, but in no more than 12 monthly payrnents. Upon paYlnent in full of all sums secured by tllis Security (nstrument, Lender shall promptly rd'und to Borrower any Funds hdd by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fints, and impositions attributablt to the Property which can attain priority o\'t::r this Sec·mity (nstrument, leasehold payments or ground rt::nts on the Property, jf any, and Community Associatioll Dut::s, Fees, and Assessments, if any. To tht:: t::xtent that thest:: items are Escrow htllìs, Borrower shall pay them in the maImer provided in Section 3. Borrower shall promptly dischargt:: any lien whiçh has priority nver this Security Instrument unless Borrower: (a) agrees in writing to the payment ()f the ohlig~t(inn secured by tht:: I ien in a manner acceptablt:: to Leuder, but nnly so long as Borrower is performing such agreement; (b) l:outests the lien in good faith by, or defends against t::nftHTelllent of the: I ií:n in, legal proceedings which in Lelider's opinion nperatt:: to prevent the t::nforctul\;nt ()f the liell while those proceedings are pending, but only untiJ stlçh prn(;tt::dings are concluded; ,)r (c) st::cures from the holdtr of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is suhject to a Jien which can attain prinrity over this Stcurity lustrurnent, Lelldtr may givt:: Borrowt::r a notiet:: identifying tht:: lien. Within 10 days of (he date on which that notice is given, Borrower shall satisfy the lit::n or take one nr more of the actions set forth abnve in this Section 4, Lender may require Borrower to pay a olle-time l:harge for a real estate tax vtrificatinn and/or reporting service used by Lender in connt::ction with this Loan, 5, Property Insurance. Bnrrower shall ke:ep the jmpnJwments IJnw existing or hertafter eæctt::d on the Property insured against loss by fi rt:: , hazards illcluded within the term "extended coverage," and any other hazards including, hut not limited to, earthquakes and tloods, for which Lender requires illsurançe, This insurance sltall be maintained in the alllounts \\,YOlvnNG .. SUI~k Family.. Fal.u. ~la.!Fréddie Mac 'NIFORM INSIIWMENT Forlll3051 ,~ßr/··:?) ;/,11'/ GMACM - CIVlS.0042,WY WOOl) (Page 6 (118) IlIItlah: tk..- ur .... fÌ ,r-.. ¡-. '""': 0 . ',.., I' \., .~' ',-, "'-' 0' \"...I \<!/ ", - ·~'~l~:~~t~r:/ (induding deductible levels) and for the periods that Lender n:quires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the iusurance shall be chosen by Borrower subject to Lender's right to disapproVt:: Borrower's choice, which right shall not be exercised unreasonably, Lemler may require Borrower to pay, in connection with this Loan, eitllt.:r: (a) a one-time charge fur t1()ud zone dett:nnination, certification and tracking services; or (b) a one-time charge for flood wne determination and certification services and subsequent charges each time remappings Ul similar changes occur which reasonably might affect such determiuation or certitìcation, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objeçtiun by Borrower. If Borrower fails to maintain any of the 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 amount of coverage. Therefore, such cuverage shall cuver Lender, hut might or might not protect Borrower, Bllrrower'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. Burrower acknnwledges that the cost uf the insllfance coVt::rage so uhtained might significantly exceed the cust of insuranct that B\)rrower cuuld have obt,lined, Any amounts disbursed by Lemler under this Sect inn 5 shall become additional dtbt of Borrower secured by this Security Instrument. These amounts shall btar inkrtst at tht Note rate from the date of disbursement and shall be payahle, with such inttrest, upon notice from Lender to Borrower requesting payment. All insurance pnlicies rtquired by Lender and renewals nf such policies shall be subject tn Lender's right to disapprove such policies, shall include a standard mortgage claUSt, and shall name Lemltr as mortgagee and/or as an additinnal loss paYte. Lender shall han: the right to hold the policits and renewal certificatts. If Lender requires, Borrower shall promptly giVt:: to Lender all receipts uf paid premiums and rentwal notices. If Borrower nbtains any furm of insurance cOVt::rage, not otherwise required by Ltndtl, for damage tn, or dtstructinn of, tht Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of luss, Borrnwtr shall give prompt notice tn tht insurance carrier and Lender. Lendtr may make proof of loss if not made promptly by Borrower. Unltss Lender and Borrower otlltrwise agree in writing, any insurance proceeds, whether or nut the undtrlying insurance was required by Lemler, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessentd, 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 Prnptrty to ensurt the work has betn completed to Lender's satisfaction, provided that such inspection shall be undertaktn promptly, Ltnder may disburse procetds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance prnceeds, Lemler shall not be rtquired to pay Borrower any interest or earnings on such proceeds. Fees for puhlic adjusters, LOAN NO: 588253203 \YYOI\-IING .. Single Family·· F<lIuu, ~lad'rcddi, ~hc lINIFURM INSTR!I~IENT GJ\IACi\I-Cì\1S.0042,WY (0001) (Page 7 of 18) .------ ../ FUrl.. \05~ ,1/11/ -/) tit- fmtmls: c·>..:.....---- ¡ ) I .. .-.... J... ~\G~~;)' C' ,"\ f'" .(J".~ 1· :j tJ l;' . \' , or other third parties, rt;tained by Borrower shall not be paid out of the insurance pn)ceeds am) shall be the sole obligation of Borrower, If tht:: rtstoration or repair is not econolllically ft::asihlt or Lender's security would be Itssened, tht:: insurance prnct::eds shall be itpplit::d to tht:: SlllllS st::cured by this Security lllstrument, whdht:r or nut then due, with tht:: excess, if allY, paid to Borrower. Such insurance proceeds shall he applied in the ordtr provided for in Section 2. If Borrower abandons the Property, Lender may tile, uegotiate and settle any ¡wadable insurance claim and n:lated matters, If Borrower cloes not n:spnlld within 30 days to a nntice from Lt::mler that the insurance carrier has oftÚt:d to settle a cbilll, then Lender Illay negnt iate and st::ttle the cJaim. The 30-day period will b<:gin wht::n tht:: notice is giwn. In eitJ¡er eWllt, or if Lender acquires the Property under Section 22 or otherwise, Borrower hert:by assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount lll)t to exceed (he amOl/nts unpaid under the Note or this Security Instrument, am) (b) any other of Burrown's rights (other than the right to any refund of unearned premiums paid by Borrowt:r) under all illsurance policies covering the Property, insofar as such rights are applicable to the cowrage of the Property. Lender may use the insurance proceeds either to rt::pair or rt::stOre the Property or to pay arnounts unpaid under the Note or this Security Instrument, whether or not then due, 6. Occupancy. Borrower shall occupy, establish, alld use the Property as Borrower's principal residence within 60 clays after the exeçution of this Security TnstrunIt::nt and shall continue to occupy the Property as Borruwer's principal residence fur at ]t::ast one year after the date of occupancy, unless Lender otherwise agrees in writing, wh ich cunst:nt shall not be unreasonably withhelcl, or u¡ùess t::xtenuating circumstances exist which are beyond Borrower's çontrol. 7, P¡:eservation, Maintenance and Protection of the Property; Ins¡Jéctions, Borrower shall not destroy, damage or impair the Property, alluw tht Property to dderiorate or commit waste tH1 the Property. \Vhtthtr ur llot Borruwer is residing in the Property, Borrower shall¡l1ilÌntain the Property in ordt:r tu prewllt the Propt:rty frolll deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to S¡;ction 5 that repair or restoration is not economically ftilsible, Borwwer shall promptly repair the Property if damaged to avoid furtht::r deterioration or damagt. If insurance or comlemnation proct::<:ds are paid in cUlUleçtion with damage to, or the taking of, the Property, Borrower shall be responsiblt:: for rtpairing or restnring the Proptrty only if Lender has rdeased proce¡;ds for such purposes. Lemler may disburse proceeds for the repairs and restoration in a singh: payment 01 in a serits of progress payments as the work is complettd, If the insurance OJ" comlemnation proç<:eds arc not sufficient to repair or restore the Property, Borrower is not rdieved of Borrower's obligation for the completion of s11ch repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on tbe Property, Lender shall give Borrower notice at the time of nr prior to s1lçh an interior inspection specifying such reasonable cause. 8. ßorrower's Loan Application. Borrower shall he in default if, during the Loan application proçess, Borrowt::r or any persons or t::ntities acting at the dirt::ction of Borrowèr or with Bl)rrower's knowledge or consent gave máterial1y false, misltading, OJ" ilIaccnrate information or statements to Lt::ndt::r (or failed to provid¡; Lt::m)er with matc:rial information) in \YYOJ\·nNC -. Singlt F~ln.iJy h f;,¡¡¡HÎt: i\1;.¡t-:h.:ÙJic: t\-IJe UNIFOJ-{!\I INSlIUI¡\IENl F",,")U51 I!OI////.·.~;J¿l'f ] 't· II ,l' / J' Ill ¡¡ ,; Þ ...---. 11 G1\IAC!\I- CMS,OO.t2,WY (0001) (/'ag/' 80/18) \' ~¡ ) T~,) ,~:~ ~;:J r-' i-I r-. ,'. (.\ C) , ,', II·', '... \...1 \.... V "J /...¡, connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Unde,' this Security Instrument. If (a) Borrower fails to perform the covenants am] agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for cOllllemnation or furfeiture, for enforcement of a lien which rnay attain priority owr this Security Instnnnent or to enforce laws or regulations), or (c) Borrow.;r has abandoued the Property, then Lemler may do and pay for whatever is reason~1ble or appropriate to protect Lender's interest in the Property and rights uuder this Security Instrument, including protecting ami/or assessing the value of the Property, amI securing and/or repairing the Property, Lender's actions can include, hut are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in C¡¡urt; and (c) paying reasonable attorneys' fees to protect its interest in the Property am]lor rights under this Security Instrument, including its secured position in a bankruptc:y proceeding. Securing the Property includes, but is not limited to, t:ntering the Property tn make repairs, change locks, replace or board up doors and windows, drain water from pipes, diminate building or other code violations or dangernus conditinns, and have utilities turned on or off, Although Lemler may take action under this Seetinn 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Sectinn 9 shall become additional debt of Borrower secured by this Security Instrumt::nt. These amounts shall bear intert::st at the Nott rate from the date of disbursement and shall be payable, with such interest, upon Il¡¡tice f(l)m Lemler to Borrower requesting payment. If this Security InstnnTIent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Prnperty, the leasehuld and tht fee title shall not merge unless Lender agret:s to tht merger in writing. 10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums rt:quirtd to maintain the Mortgagt: IlIsurance in effect. If, for any reason, the ~v1ortgage Insurance coverage required by Lender ceases to he available fn>m the mortgage insurt:r that previously provided such insurance alld Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer stlected by Lender. If substantially equivalent Mortgage Insurance coverage is not av,¡ilahle, Borrower shall continue to pay to Lendtr the amuLlnt of the separately designated paymtnts that weredut when the insurance coverage ceased to he in effect, Lt:nder will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage (nsurance. Such loss reserve shall be non-refundable, notwithstanding the fact that th.; Loan is ultimatdy paid in full, and Lemler shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the LOAN NO: 588253203 . . ~~ \Vyo."nNG .. SiJ.~le Family.. Faru1Íe MadFroddie Mac· UNIFORM !NSTR\I"!ENT FU'III )051 yO! ~/) Kh/- GJ\1ACM - CMS,0042.WY (0001) (Page 9 of 18) ¡falSiV / .. r /",1 J~ <-I ". (", '~f"' - f' 'ì ' () t:Lo J amount and for the period that Lender requires) provided by an insurer selected hy Lender again becol11ts available, is obtained, and Lender requires separately dtsignated paymtnts toward the premiums for Mortgage Insurance, If Lender required Mortgag" Insurance as a condition of making ¡h¡; Loan and Borrower was requir¡;d (0 mak¡; separately designaltd payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to prnvide a non-refundahle loss r"Strve, until the Lender's requirement for Mortgage Insurance ends in accordance with any writltn agre¡;mtllt between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's ohligation to pay inttr"st at the rate provided in the Note. Mortgage Insurance reimhurses Lender (or any entity that purchasts the Nott) for certain losses it may incur if Borrower dOtS uot repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate thtir total risk on all such iusuranct in force from time to time, and may e:nter into agre:tme:nts with other p,lfties that shart or ¡nodify their risk, or n:dlll.:e losses. These agreements are on tc:nns amI conditions that are s;ltisfactory to the mnrtgage insurer and the other party (or panies) to thest agreenltnts, The:se agreenJtnts may r"Cjuire the mortgage insurer to make payments using any source of funds that the nluIlgag" insurtr may have availablt (which may includ¡; funds obtained from Mortgagt Insurance: premiums). As a result of thest agrtements, Lender, any purchaser of tht Nott, another insurer, any reinsurer, any nther entity, or any affiliatt of any of the foregoing, illay rective (dirtctly or indirectly) amounts that dtrive from (or might he charact"riz"d as) a lnrtiou uf Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the morrgag" insurer's risk, or reducillg losses. If such agree:me:nt provides that an affiliatt of Le:nd"r takes a share: of the insurer's risk in e:xchange for a share of the prtmiums paid to the insurer, the arrangemeut is often 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 lIot increase the amount Borrower will owe for J\lortgage Insurance, alld 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 Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may inclllde the right to receive certain disclosures, to reqllest and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance !énnillated automatically, alld/or to receive a refund of any Mortgage Insurance prenliums that were unearned at the time of such c~mcellation or termination. 11. Assignment of l\1iscellaneolls Proceeds; Forfeiture. All 1'v1iscelJaneolls Proceeds are hereby assigned to and shall he: paid to Lender. l\,YOI\>[INC -. Singlt: Farnily -- Fannit: !\1¡¡,e/Fr(:ddil~ M,:l( UNIFORt-.IINSTRUr.IEN' FurIllJ05~ .1~OY;:Z7 £ )~ 11l~IÜIS: -_/ _ Gi\/ACìV/- CMS.0042.\VY (0001) (Pag~ 10 of 18) " ..~\ {" .. ("\ 1 (. J , : i¡ '.¡ L '-. "_~ \J \.J .~J \,i" ',' .~.: ; .;; !J If the Property is damaged, such Miscdlanenus Proct;e:ds shall be applied to restnration nr repair of the Property, if the restoration or repair is economically feasible ami Lt;nder's security is not lessened. During such repair alld restoration perind, Le:ncler shall have t ¡e: right to hold suc ¡ Miscdlaneous Proceeds until Le:nder has had an npportunity to illsptct such Property to ensure the: work has bten completecl to Lender's satisfaction, prnvided that such inspect inn shall be undertaken promptly, Lendtr may pay for tilt repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. U nl.:ss an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lendtr shall not be required to pay Borrower any interest or eamings on such Miscellanenus Proceeds, If the rtstoration or repair is not economically fe:asible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to tht; SllIns secured by this Security Instrument, whether nr not t ¡en due, with the excess, if any, paid to Borrower. Such Miscellaneous Proct;çds shall be applic:d ill the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Pmperty, the Miscellaneous Procee:ds shall be applied to the slims secnrt;d by this Security Instrument, whether or not the:n due, with the: excess, if any, paid to Borrower. In the event of a partial taking, de:struction, or loss in value: of the Property in which the fair market value: of the: Property immediately b¡;fore: the partial taking, destruction, or loss in value is e:qual to or greater than the: amount of the slims secnre:d hy this Se:curity Instrume:nt imme:diatdy before the: partial taking, dt;struction, or loss in value:, unle:ss Borrower and Lende:r othe:rwise agree in writing, the sums securc;d by this Security Instrument shall he reduced by the amount of the Miscdlaneous Proçe:e:ds multiplied hy the: following fraction: (a) the: total amount of the: sums se:cured imme:diatdy before the: partial taking, destrlli.:tion, or loss in vallie divide:d by (b) the fair markd value: of the Property imme:dialdy bc:fnre: the: partial taking, de:struclion, nr loss in value, Any balance shall be paid tn Borrower. In the e:vent of a partial taking, destruct inn, or loss in value of the: Prope:rty in which the: fair market value of the: Property immc:diatdy bc:fore: the partial taking, de:structinn, or loss in value is less than the: amount of the: Slllns secured immediatdy before the: parlial taking, destruction, or loss in value, unless Borrower and Lende:r otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the: sums securc:d by this Security Instrument whc;ther or not the sums are then clue. If Ihe Property is abandoned by Borrower, or if, after notice hy Lende:r to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award 10 settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the: notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds eithe:r to restoration or repair of the Property or to the sums secured by this Sc:curity Inslrume:nt, whether or nol then due, "Opposing Party" means the third party that owes Borrower Miscellane:ous Proceeds or the: party against whom Borrower has a right of action in regard 10 Misce:llaneous Proç¡;eds, ~~~~1I~2 :.. S~g~ ~a~1Ì~3. ~a~l: Ma"Frcddie ~Iac UNIFOI\M INSTlWMENT Forlll )051. .t(/'~Od G!\L\CJ\t· CMS.0042.WY (UUO!) (Page 11 of 18) [1II11,lls: D-<-- I..!j. ;: : j ~~;! j¡j¡¡I;I!¡~I ~ i ~~:; r. ....'¡ I""': - '- ,I'"', F':?- ·,U¡j0~J "!- [l'~> ·:.,·:G II Borrower shall he in default if any actioll or proceeding, whdher civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of tll<.: Property nr other material impainnent of Lender's interest in the Property or rights under ¡his Sc;curity lllstrument. Borrower can cure such a default and, if acct:kration has occurred, rt:instak as providt:d in Section 19, by causing ¡he action or prm;t:eding to he dismisst:d with a ruling that, in Lender's judgment, predudes forkiture of tht: Property or other material irnpairment of Lender's interest in the Property or rights under this Sel:urity Instrument. The proceeds of any award or claim for damages that are attributable to the impairmt:nt of Lender's intt.:rest in the Property are hc;reby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of thl;: Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender Not a "'aiver, Extension of the tinle for payment or modification of arnortization of the sums secured by this Security Instrument grankd by L,::nder to Borrower ur any Successor in Intert.:st of Borrower shaJJ not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lemler shall not b¡; required to commence proceedings against any Successor in Interest of Borrower or to refuse to ext¡;nd time for payment or oth¡;rwise modify amortization of the sums st:cur¡;d by this Security Instnnnent by reason of any d¡;mand made by the original Borrower or any SUl:cessors in Interest of Borrower. Any forb¡;arance by L¡;ml¡;r in exercising any right or remedy including, without limitation, Lender's aCl:eptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts kss than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Seve 'al Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agn:::es that Borrower's obligatious and liability shall be j'Jilll alld several. However, any Borrower who co-signs this S¡;curity Instrument but does not eXt:l·ut¡; the Note (a "co-signer"): (a) is co-signing this Security Instrument only to lIlortgag.;, grant and convey the co-signer's interest in the Pwperty under the terms of this Security Instrum¡;nt; (b) is not personally obligakJ to pay the sums sel:un::d by this Security Instrull1¡;nl; and (c) agrees that Lender and any other Borrower cau agr¡;e to ¡;xknd, modify, forh¡;ar or make any aCl:ommodations with r¡;gald to the krll1s of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Sel"tion 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this S¡;l:urity Instrument in writing, and is apprnvt.:d by Lender, shall obtain all of Borrower's rights and benèfits under this Security Instrumt::nt. Borrow.;r shall not be released froln Borrower's obligations and liability under this S¡;curity Instrument unless Lender agrees to such releas¡; in writing. The I:ovellants and agr¡;ellwnts of this Security Instrum.;nt shall hind (except as provided in Section 20) and h¡;lH.:fit the successors and assigns of Lender. ~~ WYOilllNG .. S¡ngle F,miJr" Fa".¡, "Iao/Freddi, ,lac lINlh'R~IINSTRlI~IENT F""n :1U5I ¡/UJ../' -/J ,)/1../' (;i\L\Ci\I- Ci\IS.0042,WY (0001) (Page 12 of 18) IJlili;¡ls; ¡>-- :/ ¡-r ~~)J-~-"ø '-31/ 14, Loan Charges, Lender may charge Borrower fees for services perfurmed in connet.:tion with Borrower's default, for the purpose of protet.:ting Lemler's iBten:st in the Property and rights under this Security Instrument, im:luding, but nut limited to, attorneys' fees, property inspection aud valuation fees, In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall nut he construed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets rnaxil11urn loan charges, aud that law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall he reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any Slnns already colleçted from Borrower which exceeded permitted limits will be refunded to B'lrrower, Lemler may choose to make this refund by reducing the principa] owed under the Note ur by making a direct payment to Borrower, If a refund reducts principal, the reduction will bt treattd as a partial prtpayment without any prepayment charge (whether or not a prepayment charge is provided fur under the Note). Borrower's acceptance of any such refund made by direct payment to Borrowtr will constitutt a waiver of any right of actiun Borrower rnight have arising out uf such overcharge. 15, Notices. All Notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notict to BOITuwer in cunnection with this Security Instrument shall be deemed to have been giVtll to Borrower when mailtd by first class mail or when actually delivered to Borrower's notice addn:ss if Stnt by other means, Nutice to anyone Borrower shall constitute notict to all Borrowers unlt::ss Applicahle Law expressly requires otherwise. The notice address shall be the Property Address ullless Borrower has designaltd a substitute notice address by notice to Lender. Borrowtr shall promptly Butify Lender of Borrower's change of address. If Ltnder specifies a proœdurt for reporting Burrower's change of address, then Borrower shall oBJy report a çhange of address thwugh that specified procedure, There may be oltly one designated notice address under this Security InstrumeBt at anyone time. Any notice to Lender shall be giwn by deliveriBg it or by mailing it by first class mail to Lender's address stated herein unkss Lender has designated another address by Botice to Borrower. Any notice in conntctinn with this Security Instrument shall nul be deemed to have been giwn to Lender until actually rectived by Lender, If any notice n:quirtd by this Security Instrument is also required under Applicable Law, the Applicable Law requirtment will satisfy the corresponding requirtment under this Security Instrument. 16. Governing Law; Severauility; Rnks of Construction. This Security Instrument shall be governed by federal law and the law of the: jurisdiction in which tht Property is Jucated. All rights and obligations contained in this Stcurity Instrument are subject tu any requirements and limitatiuIls of Applicable Law. Applicahle Law might expl icitly or impl ic itly alluw the parties to agree by contract or it might be siltnt, but such silence shall not be construed as a LOAN NO: 588253203 .. /~~ I \VYOl\llNG ,. SiJ1~1e Family·. Farm;e M,,/Freddie ~IJ(· UNIFORM INS·IIWMENT r"ffIl3USl 21 />i? Lvh" Gl\!ACl\!- Cl\!S.00.J2.WY (0001) (Page 13 oflS) Illit~ùs: )....--..j I=d1 ~"\ ,r~ ';,' : t--,~ 'f"~ . ·r.·" I ..".. ./, '. .,..; './ '-' .::J !,\,Ø ~-'OOC \' " . :./ '"'I Dti prohibition against agreement by contract. In the event that any provision or clausc of this Security Instrument or the Note contlicts with Applicablc Law, such contlict shall not affect Óther provisions of this Security Instrulllent or thc Note which can be given effc¡;[ without the contlicting provision. As used in this Security Instrument: (a) words of the mascul ine gender shall mean and include corresponding neuter words or words of the fcminine gender; (b) words in the singular shall mean and include the plural ami vice versa; amI (c) the word "may" gives soil:' discretion without ,my obligation to take any action. 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this SI:'curity I Ilstrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" ml:'ans any legal or hl:'neficial interest in the Property, including, hut not limited to, those beneficial interests translÌ::rred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Intl:'rest in the Property is sold or transferred (or if Borrower is not a natural person and a heneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sUlns secured hy tllÌs Security Instrument. Huwever, this optiun shall not hI:' cxercised hy Lender if such exercise is prohihited hy Applicable Law, If Lender exercist::s this optinn, Lendt::r shall give Borrower notice of a~'cekratinn. The notice shall provide a period of not less than 30 days froll1 the date the notice is given in accnrdance with Section 15 within which Borrower must pay all sums secured hy this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument \\ithout further notice ur demand un Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Bl)JTower Ineels certain conditions, Burrower shall have the right to have enfnrcement uf this Se:curity Instrument discontinued at any tirne prior to the t:arliest of: (a) five days before 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 lerrninatÌon of Borrower's right to reinstate; or (c) cntry of a judgment enforcing this Security Instrument. Those conditiuns are that Borrowcr: (a) pays Lt::nder all smllS which then would he: due under this Security Instrllmcnt alld the Note as if no acceleration had occurred; (I» Cl1rcS any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonahle attorneys' fees, propcrty inspection and valuatiun fees, and tither Ites incurre:d for the purpose of protecting Lender's interest in the Property and rights ullder this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, allll Burrower's ubligatiun to pay the Slims sccured by this Security Instrumellt, shall continue unchanged, Lender llIay require that Borrower pay such reinstatemelit Slims and expenst's in nne or more of tht: following f'HlllS, as sc:lected hy Lender: (a) cash; (h) muncy order; (c) certified dIeck, hank check, treasurer's check or cashier's check, provi\lecl any such check is drawn upon an institlitiun whose del'tlsits are insured by a federal agency, instrumental ity or entity; t>r (J) Electrnnic FlIlIds Transfer. "'YOI\ItNG n Single F'mily n F",u~, ~1at/F"JJí, t-I,c LINIFORt-IINSll(li~IENl GI\IACl\I· CI\IS.OO'i2,WY (0001) (Pug,' 14 (If 18) ------...... " F"I"I".1U51 \lu(·/- /~:::;kZr) /1. IlIitLt1s:i/ ..''- 'rr .~ - 1-'. ~.' (] , C' 0 (] c r~ ~) ~J b r-:.U¡" 0· Upon r~instateJl]ent by Borrower, this Security Instrunwnt and ohligations secureLl her~by shall remain fully dfective as if no acceleration hall occurred, However, this rigllt to reinstate shall not apply in the case of acceleration umlt:r Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. Tile Note or a partial interest in the Note (together with this Security Instrument) çan be sold one or more times without prior notÎçe to Borrower, A sale might result in a change ¡in the entity (known as the "Loan Servicer") that çollects Periodiç Payments due under the Note and this Seçurity Instnnnent and pt:rforms other mortgage loan serviçing obligations undel' (he Note, this Security Instrument, and Applicabk Law. Then: also might be one or more changes of tht: Loan Serviœr unrelated to a sale of the Note. If there is a çhange of the Loan Servict:r, Borrower will be given written notice of the change whjdl will state the name and address of the new Loan Servic~r, tht: aLldress to which payments shoulLl be made and any other information RES? A requires in çonntction with a notice of transfer of servicing. If the Note is sold and thert:after tIle Loan is serviced by a Loan Servicer other than the purchaser of (he Note, tho: mortgagt: loan servicing obligations to Borrower will remain with the Loan Servicer or ho: transfent:LI to a suçcessor Loan Servicer and are not assumt:d by the Note purchaser unl~ss otherwise provided by the Note purchaser. Neither Borrower nor Lendt:r may commence, join, or be joined to any judiçial açtion (as either an individual litigant or the member of a dass) that arises from the other party's açtions pursuant to this Seçurity Instrument or that aJleges that tht: other party has brt:ad1t:d any provision of, or any LIuty owed by reason of, this Security ]nstrument, until suçh Borrower or Lender has notified the other party (with such notiœ given ill complianœ with the requiremt:nts of Section ]5) of such alleged breach and affordeLl the other party hereto a reasonable pt:riod after the giving of such notice to tak!: corrective action. If Applicable Law provides a time period which must eLlpse before certain action can be taken, that time perioLl will be det::lIled to be reasonable for purposes of this paragraph. The nlJtiœ of açcelt:ration and 0pplJrtunity to çLlfe given to Borrower pursuant to St::ction 22 and the nlJtiçe of acct::kration given to Borrower pursuant to Seçtion 18 shall bt detmtd to satisfy the notice amI opportunity to take çorreçtive action provisions of this Section 20. 21. Hazardous Substances. As ustd in this Section 21: (a) "Hazardous Substances" are those substançes ddïned as toxiç or hazardous substances, pollutants, or wastes by Environmental Law and the following substanœs: gasolint, kèrost::ne, other tlammabk or toxic petrokum products, toxic ptstiçidt::s and herbicides, volatile solvents, matt::rials containing asbestos or f(jrmaldehyde, and radioaçtive materials; (b) "Environmtnta] Law" means federal laws and laws of the jurisdiction where the Property is located that relatt: tu ht::alth, safety or environmtntaJ prott:L:tion; (c) "Environmental Cleanup" includes any responst: açtinn, remedial action, or removal action, as LIefined in Environmental Law; and (d) an "EnvirolJJJ1entaJ Condition" means a condition that can çause, contribute to, or otherwise trigger an Environmental Cleanup. Bnrrower shall nut çause or permit the presence, use, disposal, storage, or relt-ase of any Hazardous Substances, nr threaten to rekase any Hazardous Substanœs, UJ} or in the P (Jperty. Borrower shall not do, nor allow anyone elSt to do, anything affeL:ting tht Property (a) that is in violation of any Environmental Law, (b) whicl1 creates an Environnwnta] Condition, ur (c) which, dUt to the presençe, use, or release of a HazanhHls Suhstance, creates a umdition that LOAN NO: 588253203 \VYOI\UNG .. Single FamjJy.. Fanni. ~b.!F«Jdi. ~Iac UNIFORM INSrRU~IENT GI\L\CM - C\IS.OO·U.WY (0001) (Page 15 oflB) /---------"1 /" /\/2"l FUI"III 3.05~ "j91' ...... ./'~'/ .../Î. 1Illtlals: (,-..--.../ /Cr----- r ,~ I' r.'.n :..' {,) 't.~J C' ~ ,~ \".:1 f) .;-':--');'''''¡ ,t,· Cj oj aùversdy affects the value of the Property, The preceding two selltences shall llot apply to the presence, use, or storage on the Property of small quantities l¡f Hazardous Substances that are generally recognizeù to be appropriatt to normal residential uses anù to mainttnance of the Propc::rty (induding, but not limiteù to, hazardous substances in consl1Iner products). Borrower shall promptly give Lender written notice of (a) allY investigatioll, daim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and allY Hazardous Substance or EnvirolJ nental Law of which Borrower has actual knowledge, (b) any Environmelltal Condition, including but not limited to, any spilling, leaking, ùischarge, releas<ò or threat of rdease of any Hazardous Substance, aud (c) any conditiou caused by the presence, lIse or release of a Hazardous Suhstanc<ò which adwrsdy affects the value of the Property, If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any rellJoval or other remediation of any Hazardous Suhstance affeL:ting tIle Property is necessary, Borrower shall promptly take ;,11 necessary remedial actions in accl>rdance with Environmental Law, Nothing henòill shaH create any ohligation on Lender fur an Environmeutal Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further 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 acceleratiou under Section 18 unless Applicable Law proYides otherwise). The notice shall specify: (a) the defalllt; (b) the action reqllired to cllre thc default; (c) a date, not less than 30 days from the date thc notice is givcn 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 secllred by this Security Instrument and sale of the Property. The notice shall further inform Borrowcr of the right to reinstate after acceleration and the right to bring a court action to asse¡'t 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 datc specified in the notice, LeJlller at its option may require immediate payment in filII of all sums sccured by this Secllrity Instrument without further dcmand and may invoke the power of sale and any other remedies permitted by Applicable Law, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonal,le attorneys' fees and costs of title evidence. [f 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 acconLmce with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall puLlish the notice of sale, and the Property shall be sold in the manner prescribed by Applic.lhle Law, Lender or jts designee may purchase the Property at any sale. The proceeds of the sale shalllH: applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security [nstrument; and (c) any excess to the person or persons legally entitled to it. \Vyo:vnNG .. Singk Fam"r·· F,"uut ~ ,d'rcJ,lic iliac UNIFO (M INSl (!I~1ENT l<'oml3051 110~ /~l R ¡I- GMACM - C1\1S,0042.WY (0001) (l'age 16 of 18) Illiti1,tS: :x.~ / 1-' ,'~ ('- ·1 :., 0 .'-' ~\.J ~...; I U ~) , 8j·:~; 23, Release. Upon paym~nt of all sums s~curt:d by this St:curity Instrument, LellCl~r shall re]~ase this S~curity InstrulJwnt. Borrow~r shall pay any r~cordati(JlJ costs. L;nd~r may charge Borrower a fee for rdeasing this Sel:urity Instrum~nt, but only if the fe<;: is paid to a third party for s~rvic~s r<;:nùered and the ¡;JJarging nf tht: f~e is permitted under Applil:ablt: Law, 24. ·Waivers, Borrower rel<;:ases and waives all rights undc:r ami hy virtue of the homest~ad exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to th~ terms aud covenants contained in this Security Instrument and in any Rider executed by Borrower and ,<;:l:ordeù with it. r .------ i\ ç'J/(.::t-;....--1L< . ",~ :,[ ,i ),-,>,. -" Ler~a Lorralne Uana ~ (Seal) -Borrower ~a~ Ku a Lea Horner 71 FT5fAiJ( --- , (Seal) l1o"ower (Seal) - Borrower (Seal) - B'lrruwer LOAN NO: 588253203 Witnesses: 'VYO]\'fING .. Sin,¡;k h¡¡¡iJy -- F;1rmje ~ :1~/FrtJjit t..bl llt'~IFORf\'IIN,)lI{lIr..·IENT FUI"I1I30S1 J/OI G!\IACM- Cì\IS,OO-ll.WY (0001) (Paiie 17 oIlS) \ ~ . . ' - " / '----' -._- r· !1l--:~; ~.~ "1 ... u ',-, J. U .1. INDIVIDUAL ACKNOWLEDGMENT STA TE OF WYOJ\IING, ) ) SS COUNTY OF LINCOLN ) The foregoing instrument was acknuwledged hefore me this Decerr~er I, 2005 (dalc) by Leisa Lorraine and Dana Ruta Lea Horner, Tenants In Common (pt:rSl>n aL"Klw\\'k\1ging) My Commission Expires: 9 - 15 - 07 /dleCV?--t~/ fr. ;.:J yy /?.ß/ NUlary Public -4;¡....-.-..~.......,~."--_.......~........_'\.--~......~ GLORIA K, BYERS· NUTARY PUBl.ICJ County of ;í~~~ State .of Lincoln \~B' Wyoming My CommIssion Exç;ires Sept. 15. 2007 ~"""~~ WYOMING .. .",,, '""" . ,-" M"""""" M.. '"''~''' "","M'" ,,"'" ,., 'i~:;) 1:';,,1' Gl\tACM· CI\IS.0042.WY (000]) (Page it> of 18) luitials: ~2--- ~r- (", ,". (' ,~ (' t) .. '.) ',..: _~. J (.,. " tI ~ Schedule A Wyoming Mortgage Given By: LeisaLorraine Dana and Ruta Lea Horner Page 1 See attached Exhibit "A" Part of Section 23, T34N Rl19W of the 6th P. M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a point 76 rods West from the E~ corner of said Section 23 and running thence South 11 rods; thence West 5 rods, 10 feet; thence North 11 rods¡ thence East 5 rods, 10 feet to the PLACE OF BEGINNING. Ilí." ,