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HomeMy WebLinkAbout914333 50n1 (04) \J'6 ro., tì ('~ ' n. 0 '.' .. ) : ,', . '. ". ~ v Return To: THE BANK OF STAR V ALLEY 384 W ASHlNGTON STREET AFTON, WYOMING 83110 Attn.: Shipping Dcpt/Document Control Prepared By: RECEIVED 12/9/2005 at 10:38 AM RECEIVING # 914333 BOOK: 607 PAGE: 230 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Liu~ .Fur l{~conjillg Dala] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18,20 and 21. Celiain rules regarding the usage of words used in this document are also provided in Section 16. ~/ (A) "Security Instrument" means this document, which is dated December 6, 2005, together with all Riders to this document. (B) "Borrower" is Vall L Hale and Susan B. Hale husband and wife. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is THE BANK OF STAR V ALLEY. Lender is a corporation organized and existing under the laws of the State of WYOMING. Lender's address is 384 WASHINGTON STREET, AFTON, WYOMING 83110. Lender is the mOltgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated December 6, 2005. The Note states that Borrower owes Lender One Hundred Ninety Six Thousand And 00/100 Dollars (U .S. $ 196,OUO.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1,2036. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: '7 -' WYOMING-Single Family- Fannie Mae/Freddie Mac lJNIFORM INSTRUMENT Page I of i6 wyctd Funll 3051 1/01 I Initials: yß- ./ "// ...:> /' I :;~::¡¡~¡¡\¡\i;\;};: ~~; n0231 OS1:¡333 Retum To: THE BANK OF STAR V ALLEY 384 WASHINGTON STREET AFT ON, WYOMING 83110 Attn.: Shipping Dept/Documcnt Control Prepared By: [ ] Adjustable Rate Rider [ ] Balloon Rider [ ] V A Rider [ ] Condominium Rider [ ] Plalmed Unit Development Rider [ ] Biweekly Payment Rider [] Second Home Rider [X] 1-4 Family Rider [ ] Other(s) [specify] (1I) "Applicable Law" means all controlling applicable federal, stale and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as IVell as all applicable final, non-appealable judicial opiniuns. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Bon-ower or the Property by a condominium assuciation, homeowners association or similar organization. (J ) "Electronic Funds Transfer" means any transfer of funds, other than a transaction uriginaled by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephunic instrument, computer, or magnetic tape so as to order, instruct, or authorize a tìnancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiatèd by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "l\liscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq. ) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY WYOMING-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page20fl6 Form 3051 1/01 Initials: ¿;J¡jI __ wyctd Ii.. ô91li~33 :~0232 This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this pUl}1ose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with pOlVer of sale, the following described property located in the County (Type of R"cording Jurisdiction] of Lincoln (Nam" of Recording J urisdiclion]: SEE ATTACHED EXHIBIT "A" Parcel ID Number: 32191340058300 1242 North Washington Afton [Cily], Wyoming 83110 [Zip Code] ("Property Address"): which currently has the address of [Str"d] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS th<it Borrower is lawfully seised of the estate hereby conveyed and has the right to m0l1gage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifom1 covenants for national use and non- unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFOIU.1 COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepaymellt Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment ch<irges <ind l<ite charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S, currency. However, if any check or other instrument receivc:d by Lemler as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, proviJc:d any such check is drawn upon an institution WYOMING-Single Family- Fannie Mae/Freddie Mac UNlFORMlNSTRUJ\ŒNT Page 3 of 16 l¡orm 3051 1/01 IniLials: ¿;jL~ \ IF" J,; . J.; OSlfia33 n0233 whose deposits are insured by a federal agency, instrumentality, or enlity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at tbe location designated in the Note or at such other location as may be designated by Lender in accordance with Ihe notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan cunent, 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 obligakd 10 apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lende;r need not pay interest on unapplit:d funds, Lender may hold such unapplied funds until Borrower makes payment to bring the; Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or rdum them to Borrower. If not ~Ipplied earlier, such funds will be applied to the outstanding principal balance under the Note immcdialtly prior to foreclosure. No offsd or claim which Borrower might have now or in th..: future against Lender shall relieve Borrower from making payments due under the Note and this Stl'urity Instrument or performing the covenants and agreements secured by this Security Inslnllntnl. 2. Application of Paymcnts or Proceeds. Except as otherwise dt:scribed in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Nute; (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 first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. if Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent paymenl and the late charge. If more than one Periodic Payment is outstanding, lender may apply auy payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each paymenl can be paid in tìlll. To the extent that any excess exists aner the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as dtscribed in the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Hems. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sun} (the "funds" ) to provide fur payment of amounts due for: (a) taxes and assessments and othc:r items which can attain priority ovc:r this Sc:curity Instrument as a lien or encumbrance on the Property; (b) leasc:hold payments or ground rents on the Property, if any; (c) premiwÌ1s for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums p:.ryable by Borrower to lender in llçu of the payment of Mortgage Insurance premiums in accordance with the provisions or Section 10, These items are called "Escrow Items," At origination or at any time during the term of the loan, Lendtr may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fc:es and aSSeSsmc:nts shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Leudçr the Funds for Escrow Items unless Lender waives Borrower's obligation to pay tllÇ Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow W\'OMING,Singk Family, Fannie MadFr"ddie Mac UNIFORI\lINSTH.UI\lENT Page 4 of 16 Form 3051 I/OI ~/ Inilials: ~,__ ('~i/ {}S1.~a33 :]0234 Items at any time. Any such waiver may 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 requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instl1lment, as the phrase" covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower 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 such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not 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 with Applicable Law. 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 are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, 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 RESP A , but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the 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 payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perforn1ing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's WYOJ\UNG-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Pag" 5 of 16 FOI'll~1 1/01 IniLials: }::;; " I /,¡- ~, ~ òSiiia33 '~, 0235 opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. ]f Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that nutice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a n:al estate tax veritìcation and/or repOliing service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by rue, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and tloods, for which Lender requires insurance, This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. W hat Lender requires pursuant to the preceding sentences can change during the tenu of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, ce¡iitìcation and tracking services; or (b) a one-time charge for flood zone determination and certitication services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination 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 resulIing from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and BO!Tower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might signiticantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall btcome additional debt of Borrower secured by this Security Instrument. These amounts shall btar interest at the Note rate from the date of disbursèment and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee, Lender shall have ¡he right to hold the policies and renewal certitìcates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prtmiums and renewal notices, If Borrower obtains any form of insuranœ coverage, not otherwise required by Lender, for damage to, or dtstruction of, the 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 loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically ftasible and Lender's security is not lessened. During such repair and restoration WYOMING-Single Family- Fannie MaelFreddie Mac UNIFOHM INSTHUMENT Page 6 of 16 Form 3051 1/01 Iniliab:£ #.._ l if /-;- .,¡-r... . . ò31,~3~3 ()0236 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 undeI1aken 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 agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Bon-ower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bon-ower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the PI"Operty; IIlSpcctioIlS. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condiLion. Unless it is detenllined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condenmation proceeds are paid in connection with damage to, or the taking of, the Property, Bon-ower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condenmation proceeds are not sufficient to repair or restore the PropeI1Y, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of thc Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Prope11y. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Bon'ower shaH be in default if, during the Loan application process, Bon'ower or any persons or entities acting at the direction of Borrower or with WYOMING-Single Family- Fannie Mae/F~eddie lilac UNIFORM INSTRUMENT Page 7 of 16 FO~1\l 3051 I/Ol /.'. ' Initials: Þ :if i/ DS1iia3:i 'l0237 Borrower's knowledge or consent gave materially false, misleading, or inaccurate infom1ation or statements to Lender (or failed to provide Lender with malerial information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to pe¡]orm the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding Ihat might signitìcantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's aclions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attomeys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding, Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate ÍÌ'om the date of disbursement and shall be payable, with such interest, upon notice ÍÌ'om Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. 'Mortgage Insurance. If Lender required 'tvlortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mOligage insurer that previously provided such insurance and 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 equivalt:nt to the cost to Borrower of the Mortgage Insurance previously in effect, from an altemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not availablt:, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that 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 no longer require loss reserve payments if Mortgage Jnsurance covêrage (in the amount and for the period that Lender requires) provided by an insurer selected by Lenùer again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Jnsurance as a condition of making WYOMING-Sing!.: Family- Fannie Mae/Freddie Mac UNIFORM INSTRUlllENT Page8ofl6 Furm 3051 1/01 Initials: ¿;,/f/__ ,_,I c.r ~ .... ~ ~ . . !'¡; or¡..... "') fi31t-~"';'¡~ 'J 0238 the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrillen agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in Ihis Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the MOligage 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 that 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 funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the 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 affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is ofien tenned "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 Mortgage 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 Insurance under the Homeowners Protection Act of 199H or allY other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the 1\fortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that wue 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. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if WYOMING-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 9 of 16 1'01'111 3051 1/01 Initials: ¿f/' üS~~3ä- 1,]0239 any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of tbe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a pa11ial taking, destruction, or loss in value of the Prope11y in which the fair market value of the Prope11y immediately before the partial taking, destruction, or loss in value is' equal to or greater than the amount of the sums secured by this Security Instrument immediately before the pa11ial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured inul1ediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss ii, value, Any babnce sball be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Propel1y in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sumS secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Prope11y is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) otTers to make an award to settle a claim for damages, BOLTower 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 either to restoration or repair of the Property or to the sums secured by this Security Instrumenl, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. BOLTower shall be in default if any action or proceeding, whether civil or Climinal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling 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 that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of tbe time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conm1ence proceedings against any Successor in Interest of Borrower or to refuse to extend tirne for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interes! of Borrower or in WYOMING-Single Family- Fallllie Mae/Freddie Mac UNIFORM INSTRUMENT Page 10 of 16 FOHn 3051 1101 ,/j Initials: LL oSl4a33~ (ì... 0 ", 4 0 . f.. amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successor s and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Howevcr, any Bon-ower who co-signs this Security Instmment but does not execute the Noh: (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 the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the h:rms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this 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 covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected Üom Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bon'ower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing, Any notice to Borrower in cOlmection with this SecUlity 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 otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for repOliing Borrower's change of address, then Borrower shall only report a change of address through that specified 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 first class mail to Lender's address stated herein unless Lender has designakd another address by notice to Borrower. Any notice in connection with this Security Instmment shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this WYOMING-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page II of 16 Form 3051 1/01 Inilials # \;..1 _'ll .uSJl.~3:ì3 (',(1°41 , ' j. Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed by federal law and the law of the jurisdil'llOn 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 implil;itly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract'. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneticial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any paIi of the Propeliy or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial 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 of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bon'ower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the PropeI1y pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. T hose conditions are that Bon'ower: (a) pays Lender all SUIllS which then would be due under this Security Instrument and the Note as if no acceleration had occuned; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Securily Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fanus, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's WYOMiNG-Single Family- Fannie MaelFreddie Mac UNIFORM iNSTRUMENT Page 12 of 16 Form 3051 1/01 IniLials: j//?- !. ".' f,' "'~'.""'/~ tiSJL......~... 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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Nutice uf Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more tirnes without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer" ) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer umelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be rnade and any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Service! uther than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22. and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Seuion 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmenlal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. BOLTower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that ad verseiy affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be WYOMING-Single Family- Fannie Mae/Freddie Mac UNIFORJ\IINSTRUMENT Page 13 of 16 Forlll 3051 I/O 1 lllilials: /# ~/ i\ n ~ 4 2 .¡j,SJL~aa3 , D0243 appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, la~'suit Q~ other action by any governmental or regulat0ry agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has adual knowledge, (b) any Environmental Condition, includil¡g but not limited to, any spilling, leaking, discharge, release or threat of release of any H,azardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Propel1y. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envirorunental Cleanup. NON-UNIFORM COVENANTS, B01Tower and Lender further covenant and agree as follows: 22. Acceleration; Uemedies. Lender shall give notice to Borrower prior to accderation following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The nutice shall specify: (a) the default; (b) the action requÎ1"ed to cure the default; (c) a date, nut less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specilied in the notice may result in acceleration of the sums secured by this Security instrument and sale uf the Property. The notice shall further inform Borrower of the l'ight to reinstate after acceleration and the l'ight 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 nutice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable att¡¡rneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to fUl'l'close to Borrower and to the per son in possession uf the Pruperty, if different, in accurdance with Applicable Law. Lender shall give notice of the sale to Borruwer in the manner pruvided in Section 15. Lender shall publish the nutice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Pmperty at an)' sale. The proceeds of the sale shall be applied in the following ordel': (a) tu all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Uelease. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs, Lender may charge BOlTower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is penuitted under Applicable La w. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. WYOMING-Single Family- Fannie Mae/f¡"eddie Mac UNUiORJ\I INSTRUMENT Page 14ofl6 Form 3051 1/01 //0:/ Initials:¡{L.tZ--_ k. "S",i !'¡I ....,':"01;:4') \\J 'Ji..~Ü..,.t.A , 00244 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenaHts contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: dip (Seal) -Borrower Vau L Hale /-.// L.-.A~/:>"'/«-V:/<)-i . Susan ll. Hale --/¡./~/~:~ <~;/ /. - (Seal) -Borrower (Seal) -BoLTower (Seal) -Borrower WYOMING-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 15 of 16 Form 3051 1101 ~SJt43a3 n0245 STA TE OF WYOMING, The foregoing instrument was acknowledged before me this [/ li7 Van L Hale and Susan B. Hale ! /jvt {JI/J f)(C. County ss: 7L')'LJ0 .00.-' '.....> by My Commission Expires: cJ --I ~ dOOr, v 7 ,r". , . '-//! i/t-11/ 7 / /./ .r--," \ ,,-,/ '{j,' t(/~:;::/J 7r7ÎJ/ZJ'~/ Notary Public V V Notary public Mll'mY l '(MAI- Slate oi County of wvoming Lincoln . .' __ --;/UV ., COrr\111IS5\OnE~~ mY ,,~~-- WYOMING-Single Family- Fannie Mae/Fl'eddie Mac UNIFOR1\l INSTRUMENT Page 16 of 16 FOrlll 3051 VOl ;/J,/. Inilials: L:'.~ I " .,, . ~ · 3.r>~,~ r,,_...'t r',1 . '~ 'iJi ~ J¡¡,.~ . . EXHIBIT "A" n0246 .1 DESCLUPTION FOR VAN L HALE AND SUSAN B. HALE I\IIARVEL l-.(ALE TRACT To-wit: - _ Thill parr of {he NEY..S~V. ofS¡;ction 13, T32N R119W, within the Incarporau:d LimiLs to lhe ~own of Afion. Llncol~ CoUnly, WYOtnÙ¡S, it being tl}1: illtc:nl la more correClly åescnbe Lhat tracl ofrc:cord UI the Office of the Cll:rk of Lincoln CoUnty in Beak .543 af PholoslaLi~ Rr:corùs on page 452, :!5 foHows: U£GINNINC -It Ihc northeast comer o[ ..aid NEV.SEY.; Lhenct:: SOOD-ll'-3G"E, 333.76 fççl, along ÚlI: easl line of suid NEV.SEY. to the northc:¡¡sl . spike ofrhar (rocl ofrccocd in Book 388 ofPhotoseatìc Records an page: 78: thence S89D-53'-56"W¡ 350,00 [ect, along the flocl!1 liill: or ~icl torlCI and ¡¡ westerly prolongation lhCICOf, to a point on [he TawIl of Mion Boundary; Ihe:ncc NOO"-J l'-3G"W, 328.86 feeL, along ~id Towu of Allan Boundary, 10 .:J. br:u;s cap 011 the nonh aine of said NEY~E~: . thence N89A·Oj'-44"E, 350.0) fC:Cl, ..long said nonh line. 10 ùle CORNER OF BEGINNING; ths:BASE BEARING for this surv..y is thl: ClISt line of the SEY. of Section 13, T32N Rl19W. being SOO"-11'-36"E; SUBJECT 10 4IrJ easCrnenl for U,S. Highwi'lY 89; RESER YING LIllie ¡hI; Grantors. Iheir heirs. successors and assigns a perpelual righe of ingress and c:grcss and utiliLics over, umkr. und ;}e¡-oss the 110m¡ six.ty (60) fcct of ¡lie: above described tract; !;¿¡Cj¡ "col1le(' found as describ~ in the: Come;r R~ord filed Dr lO be fLkd in the: Offîce; or \he Clerk of Lincoln CounLY; t:aci¡ "spike" marked by 11 3/8" x. 12" steel spilœ rcfcn:nced by a 5/8" x 24" .>Iet:! rcinforeinB rod with 2" aluminum c:¡¡p ínscrHJ[.'rl, "SURVEYOR SClifRBEL L TD AFTON WY ÞLS 5368", with lIpp¡opnale details; càch "p~im" marked by a 5/B" ^ 24" :ucd reinforcing rod with a 2" alurninull1 cap inscribed, "SURVEYOR SCHERBEL LID AFTON wY PLS 5368", wilh appropritlLt: dCI¡¡ils; r:ach "bra5;¡ cap" markc:d by a 2" ialvanized sœel pipe: with b{õlS.S C¡¡P inscnbt:d, "MARLOWE A. SCHSRBEL PLS 5368 AFTON WYOMING", wÏlh appropriatc dt:euìls fDund; v.wn-.uL-lA1~ all in accordunc~ with th~ plat prepared IQ be: filed in the Office of ¡hc Cled' Df Lu-Icoln Counly tilled. "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION FOR VAN 1. HALE AND SUSAN B. HALE Wrrnn>J THE NEY-SEY.. SECT10N 1] T32N RlI9W IN TH.E: INCORPORATED L T OF THE TOWN Of Al-"TON UNCOLN CO ì'{ OMING", daled M JI~I.oIN.&.o::I....1i\IoI "pQ ~ú.~ lla Jc.t IJ~"..."",......,.., '"'" I~Hw¡¡j¡',Q'--till.:U,l:l ~~~~"'" ~A.~ V,,"^ i\iI'",Ii¡":;¡WI ~.3ri.4'W L>.1t..~.......""IIC<' vu.;. n.g.~.\Qn.M.3. :;¡Tll~' ¡ IIA!\\Otjf þ. 5Dt¡~~ V"1"-~n""I"'~~ I;;,.,' .sI, ('C"":~Io4;:'; Mlli, ì'llUn'Hf:'.;a; ~::~:~"..~~IJ~~i , C0247 û9JL4333 1-4 F Al\llL Y IUDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 6th day of DecernlJer, 2005, and is incorporated into and shall be deemed to amend and supplement the MUJ1gage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to THE BANK OF STAR V ALLEY (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1242 North Washington, Aiton, WYOMING 83110 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUßJECT TO THE SECURiTY INSTHUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtun.:s are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Propel1y, including, but not limited to, those for the purposes of supplyiug or distributing heating, cooling, electricity, gas, water, air and light, tire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heatc:rs, water cluSdS, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, stom1 windows, storm doors, screens, blinds, shades, cUl1ains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 I/O J Page I of 4 . {Il/> { "I // IlltLa s: // usc3170 .~ 'if .. , , 10248 tlSL~333 Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." ß. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written pennission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request aner default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word" lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents" ) of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or MUL TIST ATE 1-4 FAMILY RInER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 31701/01 Initials:# 0# Page 2 of 4 Ö9Jl.l~333· " C)0249 Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and recei ve all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Propeliy and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Propeliy and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. BOLTower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall temlinate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies pennitkd by the Security Instrument. MULTlSTATE 1-4 FAMILY RIDER - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 31701/01 'I¡-- lnitials:pi':; ;;/1/ Page 3 of4 ", , , '. { , ;1. 00250 ,j , ~Si.4333 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. ~JJ/~ Van L Hale (Seal) -BOITOwer ()(k~n7Ch: ~/¿ ... V -r Susan B. Hale (Seal) -Borrower (Seal) -Bon-ower ( Seal) -Bon-ower MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1/01 Page 4 of 4