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HomeMy WebLinkAbout914765 ,n0l17n oJ ¿, ¿ After Recording I\eturn To: RECEIVED 12/27/2005 at 4:08 PM RECEIVING # 914765 BOOK: 608 PAGE 272 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CHERRY CREEK MORTGAGE CO, INC. 7600 EAST ORCHARD ROAD, #250N GREENWOOD VILLAGE, COLORADO 80111 [Space Above This Line For Recording D:1taj Loan Number 44800008 M!N# 100030200448000081 lVIORTGAGE DEFINITIONS Words used in I11l1lliple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 2]. Certain rules regarding the usage of words used intl1is document are also provided in Section 16. (A) "Security Instnnllent" means this document, which is dated DECElVllJER 22, 2005, together Witll all Riders [0 this document, (ll) "Borrower" is JOANNE SWARTZ MATZ and ANDREW MATZ, WIFE And HUSBAND. Borrower is the mortgagor under this Security Instrument. (C) "?vŒRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate cOl1)oration that is acting solely as a nominee for Lemler and Lender's SUCl:èssors and assigns, lVfERS is tile 1I101·tgagee undel' this Security InstrUlnent. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P,O. Box 2026, Flint, MI '1850]-2026, tel. (888) 679-MERS. (D) "Lcnder" is CHEIm.Y CREEK MOH.TGAGE CO., INC.. Lender is a CORPORATION organized and existing under the Jaws of COLORADO. Lender's address is 7600 EAST ORCHARD ROAD, #250N, GREENWOOD VfLLAGE, COLORADO 80111. v (E) "Note" means the promissory note signed by Borrower and dated DECEIVJBER 22,2005, The Note states that Borrower owes Lender TWO HUNDRED FORTY-FIVE THOUSAND A..Nl) OO/lOOths Dollars (U.S.$245,OOO.00) plus interest. Borrower has promised to pay ùlis debt in regular Periodic Payments ,mcl to pay the debt in fl¡J1 not later than JANUARY 1, 2036. (F) "Propeliy" means the property that is described below under the heading "Transfer of Rights in the Property." (C) "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. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are [0 be executed by Borrower [eheek box as applicable]: o Adjustable Rate Rider 0 Condominium Rider o Balloon Rider 0 Planned Unit Development Rider [J 1-4 ramily Rider 0 Biweekly Payment Rider o Second Home Rider } '.-" IXJ Prepayment Rider " (~~(~~~"- Borrower !tlltl:J.!5.. ) /)1,1 // /l'L~lj/( \VYOMTNG--Single Family--Fannie Mae/Freddie ìVbc UNIFORJ\lINSTRUMENT 1<'o['ln 3051 1/01 (page J of 11 pages) ---.- --- _.--_._-~" ---.---- ---- a__ _____ ____ ._._-~"..~.- --_.__._---~ .~--- n..a,'1Á~ AI 765 u.....J...:£...'-,;¡t 0tìQ{')73 \., u c.. (T) "AppJicablc Law" mea.ns all control1ing applicable fec!ell1l, state and local statutes, regulations, ordinances and administrativc rulcs and ordcrs (that havc thc effcct of law) as well as a]] applicablc final, non-appc:alable judicial opinions. (J) "Community Association Dues, Fees, and Assesslllcuts" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condomininm association, homeowners association or similar organization. (K) "Electronic Fnnds Tnmsfcl'" means any transfer of fllnds, oth~l' than a transaction originated by check, draft, or similar paper instrument, which is initiated through im electronic terminal, telephonic instrument, compmer, or rnagnetic tape so as to oreier, instruct, or authorize a financial institu¡jon to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiateei by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that arc described in Scction 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tbird pany (otber than insurance proceeds paid under tbe covel'ages eiescribed in Section 5) fur: (i) damage to, or ùestruction 0[, [be Property; (ii) condemnation or other taking of all or ,my part of tIle Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property, (N) "!Ylortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) ,my amounts under Section 3 of this Security Instrument. (P) "RESPA" means tbe Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R, Part 3500), as tbey might be amended froll! time to time, or any additional or successor legislation or regulation that govems tlie same subject matter. As used in tbis Seclllity Iustfllfllent, "RESPA" refers to all reCjuir~merHs and restrictions ¡bal are imposed in regard to a "f~derally related mortgage Joan" even if the Lo,m does not qualify as a "federally r~lated mortgage loem" under RESPA, (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Lo,m, ,1l1ei all renewals, extensions and modifications of the Note; and (ii) the perform,mce of Borrower's covenants and agreements under this Security Instrument and tbe Note, For this puqJose, Borrower does hercby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the SllCceSSorS and assigns of MERS, with power of sale, the fo]]owing described property located in the County of LINCOLN [Type of Reconling Jurisdiction] [N ame of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which cllrrently has the address of 658 GOOD NElGHIWR LANE [Street] ("Properly Address"): ETNA , Wyoming 83118 [Zip Code.] \,/ , /l^ì\i'\, Borrower Illi(i;:I!~ \/ , '--.-" /Î/ 1// ;;;1 / C/V i~/(~/¿ [City] yVYOM1NG--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 lIDl (page 2 of 11 pages) ~--- _._--~.._- ---~._- ---_.---~---~_. 09jL~7G5 r; n 0 (') 7 4 '.' '\) t:. I TOGETHER. WITH all the improvements now or hereafter erected all the property, and al] easements, appurtenances, ,md fixtures nolY or hereafter a part of the property. All replacements and additions shaH also be covered by tlÙs Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands ancl agrees that MERS holds only legal [itle to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not lÜnited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encllmbrances of record. Borrower warrants amI will defend generally the title to the Property against all claims and demands, subject to ,my encumbrances of record. TI-US 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, UNIFORl'vl COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymcnt of Principal, Intercst, Escrow Itcms, P¡'epaymcnt Chargcs, and Late Chargcs. Borrower shalt pay when due the principat of, and interest on, the debt evidenccd by the Note and any prepayment charges and late charges dne under the Note. Borrower shall also pay funds for Escrow Items pnrsuant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments clue under the Note and this Security Instrument be made in one or more of the following forms, as setected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrument,lIity, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender rnay 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 tbe Loan current, without waiver of ,my rights herennder or prejudice to its rights to refl1se such payment or pnrtial payments in the future, but Lender is not obJigated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due clate, then Lender neeel not pay interest on unapplied íÜnds, Lender may hold such unapplied funds until Borrower makes payment to bring tile Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such f1Jl1ds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediatety prior to foreclosure. No offset or claim which Borrower might have now or in tile future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants anù agreements secured by this Security Instrument, 2. Application of Payments or PL'oceecls. Except as otherwise described in this Section 2, all payments accepted and applieù by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due uncler the Note; (c) amounts clue under Section 3, Such payments shall be applied to each Periodic Payment in rhe order in which it becan1e due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security ]nstrument, 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 payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in fulL To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any tate charges due. Vo]unt;uy prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due clate, or change the amount, of the Periodic Payments. 3. Funds for Escrow Itcms. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, untit the Note is paid in f11l1, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbr;mce on the Property; (b) leasehold payments or ground rents on tile Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lencler in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at ;my time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be , /J/¡í/ ,/ \/. ..'.,1- J."..), / Borrower IOitiiJl(kn {\ ¿ /L{ . / L~ 'VY01'vllNG--Single E1I11jly-F~nnie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 3 of 11 p(/ges) ~ -_.~---_.~,-,-".__.__._-~. _.__.._-~ --.--.-..---.--- -----~-~-- - ûSil.é~ 765 0P0975 \.' d ¡..., cscrowed by Borrower, nnd such dues, fees and asscssments shall be nn Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under [his Section. Borrower shnll pay Lemler the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the even! of SllCh waiver, Borrower shall pay directly, when and where payable, the amounts due for ;U1y 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 ¡¡S Lender may require, Borrower's obligation to m;¡ke sllch payments <111\] to !Hlwide recei[Jts sl¡all for all purposes be deemed to be a covendnt ane! agreement contained in this Security ]nstnllnent, as the phrase "covenant and agreement" is used in Section 9. If Borrower is ob]igated to pay Escrow Items clirectly, pursuant to a wai ver, and Borrower fai is to pay the ¡¡mount due for an Escrow Item, Lemler may exercise its rights under Section 9 and pay such amount and Borrower shall then he obligated undcr Section 9 to repay to Lender allY such amount. Lendcr 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 pennie Lencler to apply the Funds at the time specitîed under RESPA, ¡lI1d (b) not to exceed the maximum amount a lender can require under J<.ESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Hems or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instmmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan 13 a 111<. Lenda shall apply the Funds to pay the Escrow Items no tater than the time specified under RESPA, Lender shall not ch~i['ge Borrower for holding and applying the Funds, 'lI1nually analyzing the escrow account, or verifying the Escrow Items, uniess Lender pays Borrower interest Oil the Funds ane! Applicable Law permits Lender to make such a charge. Unless;01 agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shaH not be required [Q pay Borrower any interest or earnings on the Funds. Borrower ane! Lender can agree in writing, however, that interest shall be paid on the Funds, Lender shaH give to Borrower, without charge, an annua] accounting of the Funds as required by RESPA, If there is a smplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA, If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by J<.ESPA, and Borrower shall pay to Lenda the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments, If there is a deficiency of funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower sh;ùl pay to Lcnder the amount necessary to m'lke up thc deficiency in accordance with RESPA, but in no more th,U1 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 shaH promptly discharge any Jien which has priority over this Security InstrumentlHlless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptab]e to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only unIil such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory [0 Lender subordinating tIre lien to this Security Instrument. If Lender cleterrniues that any part of the Property is subject to a lien wltich can attain priority over this Security Instillment, Lender may give Borrower a notice identifying the Jien. Within 10 days of the date on which that notice is given, Borrower sh¡ùl satisfy [he lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," .md (lilY other hazards including, but not limited to, earthquakes and t1oods, for which Lender requires insurance. This insurance shnll be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The jnsmanee carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bor[ower's choiee, which right shall not be exercised unreasonably. Lender may require Borrower \YYOMING--Single Fal\1ity--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT , 1]11 / - /, ,/ f 80rroll'er Il1ili,ls71'. ~ì0 (' f I ,¿/! (7' .q-- V'-./L-{..- l Form 3051 1/01 (pl/ge 4 of 11 pages) -~~..,._._,-----~-- HSJlJB-?65 00:::76 to pay, in conncction with this Loan, either: (a) a one-time charge for flood zone determination, certification iU1d tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with rhe review of any f100d zone determination resulting from an objection by Borrower. If Borrower faits to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lemler is under no obligation to purchase any par1icular type or amount of coverage, Therefore, such coverage shall cover Lemler, but might or might nor 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 insunmce coverage so obtained might significimtly exceed the cost of insur,mce that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Seclllity Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and s]¡all 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 claltSe, and shall name Lender as mortgagee and/or as an adclitionalloss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender a1l receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee a.nd/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance: carrier and Lcnder. Lender may make proof of loss if not made prompt1y by Borrower. Unless Lender and Borrower othenvise 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 feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has hact an opportunity to inspect such Propeny to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an 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 panies, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. ]f the restoration or repair is not economically feasible or Lender's security wouJd be !essenee!, the insurance proceeds shall be applied tu the slims secured by this Security Instrument, whether or not then due, with the excess, if auy, paÚI to Burrower. Sllch insurance proceeds shall be applied in the order provided for in Section 2, If Borrower abandons the Property, Lender may file, negotiate and settk ¡my 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) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under tlle Note or this Security Instrument, and (b) any other of Borrower's lights (other thrm 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 llse the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Notc or this Security Instrument, whether or not then due. 6. Oceupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security ·Instrllment 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. Presenation lVlaintcnance and Protection of the Property; Inspections. 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 shal1maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S 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 condemnation proceeds are paid in connection with dan1age to, or the taking of, the Property, Borrower shalt be responsible for repairing or restoring the Property only if Lender has releaseò proceeds for such purposes, Lenòer 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 insln'ance or condemnation proceeds are not sufficient to repair or restore the Properly, Borrower is not relieved of Borrower's obi igation for the completion of such repair or restoration, \''l /)V' 1./ 't." \.. '"' / // I l // BOflower InitÎ,¡,(5ì,"\L- L /v! I ¿/Î.//(/ Form 3051 1/01 (page 5 of 11 pages) WYOMING--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUJ\1ENT r~. n...:1 I'll or) rC Ii::;: O~A.""\l(jU..... "(\0('171"7 '- \.) c. 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 the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Harrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with BOlTower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but [Ire not limited to, representations concerning Borrower's occupancy of [he Property as Borrower's principal residence, 9. Protection of Lender's Interest in the Propedy and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) tIlere is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may atrain priority over this Security Instrumcnt or to cnforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for wharcver is reasonable or appropriate to protect Lcnder'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 actions can include, but are not Jimited to: (a) paying rulY sums sccured by a lien which has priority ovcr this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrumcnt, including its secured position in a bankruptcy proceCóding, Securing the Propcrty incluùes, but is not limited to, entering Ùle Property to make repairs, change locks, replace 01 board up doors ruld windows, drain water from pipcs, eliminate building or other code violations or dangerous conditions, ,md have utilities turned on or off. Although Lender nmy take action under this Section 9, Lender does not have to do so and is not uncler 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 amoun.ts 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 from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If ¡his 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. JVloJigage Insurance. If Lender required Mortgage 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 !vfortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurancc, Borrower shall pay the premiums required to obtain coverage substantially cquivalent to the Mortgage Insurrulce previously in cffect, at a cost substantÜùly equivalent to the cost to Borrower of the t>'!ortgagc ]¡lsurrulcc prcviously in cffect, from an alternate mortgage insurer selected by Lender. Jf substantially equivalent Mortgage Insurance coverage is not available, 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 ]jcu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately p¡ùd in f1¡]I, and Lender shall not be required to pay Borrower any interest or earnings on sllch loss reserve. Lender C[Ul no longer require loss reserve payments if Mortgage Insurance coverage (in the amount ruld for the period t.hat Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, 31ld Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurrulce as a condition of making the Loan ruld Borrower was required to make separately designated payments toward the prenÜullls for Mortgage Insurance, Borrower shall pay the premiuIlls required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insunmce ends in aCCOrd311Ce with 311Y written agreement between Borrower ruld Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Bon-ower does not repay the Loan as agreed. Borrower is !lot a party to the Mortgage Insurance. Mortgage insmers evaluate their total risk on all sLlch insurance in fOl'ce from time to time, and may enter into agreements with other pilfties that share or modify their risk, or reduce losses, These agreements are on terms and conditions that are satisfactory to [he mortgage insurer 311d the otller 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 !!lay jnclude funds obtained from Mortgage Insurance premiums). WYOMING-Single Family--Fallnie Mae/Freddie Mac UNIFOlUI'I INSTRUMENT 2 It / '\-- , /1 ,í',<", "/i //!// ~ ourruwcr'll¡,iob(ll\ ¡~ Æ~ C/ Form 3ÒSl} l~Ol (page 60/11 pages) r' nOf"lt''J8 "U f'., { J ,-q'l\ ~'ifGS u~,y-- As a result of these agreements, Lender, any purchaser of the Note, another insurer, <lny reinsurer, any other entity, or MY affiliate of ,my 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 th<lt 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 often termed "captive reinsurance," Further: (a) Any such flgreements will not affect the amounts that Borrower Ilfls ag"eed to pay for Mortgage Insurance, or any other terms of thc LOfln. Such agrccmcnts will not incrcase the amount Borrowcr will owe for Ivtortgagc tnsurance, and they will not entitle Borrower to any l'cfuud. (b) Any such ag¡'eements wilt 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 dghts may include the right to receive certain disclosu¡Oes, to request and obtain cancellation of' the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a ¡Oef'und of any Mortgage Insurance premiullls that were unearned at the time of such cancellation or tenllination. 11. Assignment of Miscellaneous Proceeds; Fod'eitUl·e. All Miscellal1eous 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 feasibte and Lender's security is not lessened. During such repair and restoration period, Lender shall have. the. right to hold such Misœllaneous Proceeds until Lene!e.r has had an opp0l1unity to inspect such Prope.rty to ensure the \-'lork has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may pay for the repairs ane! restoration in a single disbursement or in il series of progress payments as the work is completed. Unless an i\greement is made in writing or Applicable Law requires interest to be paiel on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lene!er's security would be lessened, the Miscellaneous Proceeds shalt be applied to ¡he sums secured by this Security Instrument, whether or not then due, with the excess, if MY, paid to Borrower. Such Misœllaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or toss in value of the Property, the Miscellaneous Proceeds shall be applied to the. sums secured by this Security Instrument, whether or not (hen due, with the exœss, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of rhe Property in which the fair market value of the Property immediately before. the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before tile partial taking, c!estmctiol1, 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 immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediate]y before the partial taking, destlllction, or Joss in value, Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of ¡he Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in viLiue is less than Ùle amount of the sums secured immediately bdore the pariiat taking, destruction, or Ioss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shatl be applied to the sums secured by this Security Instl1J1nent whether or not the sums are then due. If the Property is abandoned by Borrower, or if, afler notice by Lender to Borrower that the Opposing Party (as deíïned in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect ¿md apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Misce11aneous Proceeds or the party against whom Borrower has a right of action in regard to M íscellaneous Proceeds. Borrower shall be in default if any action or proceeding, wltether civil or criminat, is begun that, in Lender's judgment, cOleld result in furfej[ure of the Property or other materiaI impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default ,md, if acceleration has occurred, reinstate as provided in Section 19, by causing [he action or proceeding to be dismissed with a ruting that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in rhe Property or rights under this Security Instrumen(. 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 sh,tll 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, 2' II I \ .I f . \' '(i" ßurruwc, Jllilt2t>{j\\\~ ,I if>,... {.{./( . J- V .. Form 3051 1/01 (page 7 of 11 pages) WYOMING--Single Family--Fallnie Mae/Freddie Mac UNIFORM INSTRUl\lENT ,·,......CL:: j'¡, c: îl. ·f¡\. -j'n owi .J¡ 2J ..:C.,"'íl U 'U> r· n 0 r'I t"7 9 .. \J ¡:; 12. Borrower Nót Released; Forbearance By Lendcr Not a Waivcr. ExteI1sion of the time for payment or modification of iU11ortization of the sums secured by this Security Instrument gnmted 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 commence proceedings against any Successor in Imerest of Borrower or to refuse to extenù time for payment or otherwise modify amortization of tile s\lms secured by this Security Instrument by reason of any demand maùe by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persolls, entities or Successors in Interest of Borrower or in amounts less than the amoul1l then due, shall not be a waiver of or preclude [he exercise of ,lIlY right or remedy, 13. Joint and Several Liability; Co-signers; Successor-s and Assigns Bound. Borrower covenants and agrees that Borrower's obligations ,md liabi1ity shall be joint and several. However, ,my Borrower who co-signs this Security InstnlInent but dues not execute (he Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest ill tlte Property under the terms of this SeclIrity Instrument; (0) is not personally obligated to pay the slims secmed by this Security Insllumellt; and (c) agrees that Lender and 'Iny olber Borrower can agreE to extenò, modify, forbeal" or make il11Y acconunoctations witll regard to the terms 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 Instrumcnt. Borrowcr shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to sllch release in writing. The covenants and agreements of this Security Instrument sball bind (except as provided in Section 20) and benefit the successors ,md assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property ,me! rights under this Security Instrument, including, but not lirruted to, attorneys' fees, property inspection and valuation fees. In regard to ,my 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 permirted limits, then: (a) any such loan charge shall be reduced by (he amount necessary to reduce (he charge to the perrnitted limit; and (b) any sums already collected frorn Borrower which exceeded permitted limits win be refunded 10 Borrower. LÆ:Jlder JIIay choose to make this refund by reducing the prillcipal owed under the Note or by making a direct payment to Borrower. 1f a refl1Ild reduces principal, the reduction win be treated as a partial prepaymem without any prepayment charge (whether or not a prepayrnent charge is provickd for under the Note). Borrower's acceptil11Ce of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 15. Notices. All notices given by Borrower or Lender in cormection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shalI be deemed to have been given to Borrower when mailed by first class mail or when actualty 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 shal! be the Property Address unless Borrower has òesignated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's cha.nge of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shalJ 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 fjrst class mail to Lender's address stated herein unless Lender has designated another address by notice [0 Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until acrualJy received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wilJ satisfy ¡he corresponding requirement under this Security Instnrment. 16. Guverning Law; Severability; Rules of COJlstructioJl. This Security Instrument shall be governed by fecleral law and ¡he law of [he jurisdiction in which ¡he: Property is located. All rights amI obligations contained in this Security Instnrment are subject to any requirements ,me! limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that il11Y provision or clause of this Security Instrument or the Note conflicts with Appticable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without ¡he conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and inc1ude corresponding neuter words or words of the feminine gender; (b) words in the singular shall meil1l and include the plural and vice versa; il1ld (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 lnstrljl¥ent. L-J;; ¿ (1.'->f)\v-- t~ Borrower l11ili,15. _Je " /~,{i,;L'L \VY01\HNG--Sillgle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 8 of 11 pages) .~----_._-~----~- ----~- -- ~---- ---~.- --. ._--_......._._--_.~--_._~ '--'--~ 11...['· ~J I. i,l \~r.I' I~ Ie- 'U'___y¿~¡[ . 'Ú...,j (°0'('180 ,) c. 18. Transfer of the Property or a Beneficial Interest in Bon·ower. As uscd in this Section 18, "Interest in the Property" means any legal or benetìcÌ<ù interest in the Property, including, bn[ not limited to, those benetîcial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of wlÜch is the transfer of title by Borrower at a future date to a purchaser. It all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a naturat 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 Jess than 30 days fro111 the elate the notice is given in accordance with Section t5 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior [0 the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withour further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets cenain conditions, Borrower s11,Il! have the right to have enforcement of this SecurÎ(y Instrumenr discontinued at any time prior to the earliest of: (a) five days before saJe of the Propeny pursu,mtlO ,my power of sale contained in rhis Security Instrument; (b) such otber period as Applicable Law might specify for the termination of Borrower's right 10 reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions ale that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument ,md the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Securily Instrumenr, including, but not lirnited to, reasonable attorneys' fees, property inspection and valuation fees, ,md 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 sllch reinstatement sums [md expenses in OIle or more of the following forms, as selected by Lendcr: (a) cash; (b) money order; (c) certified check, bank: check, treasurer's check or cashier's check, provided ¡my 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 Servicerj Notice of GL'Ícvance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a ch,mge in the entity (known as the "Loan Servicer") that collects Periodic Payments due under tlle Note and this Security Instrument ¡Uld performs other mortgage loan servicing obligations under the Nore, this Security Instrument, and ApplicalJle LIW, There also might be one or more changes of the Lo<m Servicer unrelated to a sa1e of tlie 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 LOiU1 Servicer, the address to which paynlents should be made and any other information RESPA requires in connection with a notice of transfer of servlcmg. If the Note is sold amt thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Lo¡Ul Servicer and are Hot assumed by the Note purchaser unless otherwise provided by Ùle Notc purchaser. Neither Borrower nor Lender IIlay commence, join, or be joined to any judici,ù action (as cither an individual 1itigant or the member of a class) that arises from the other party's actions pursuant to rhis Security Instmment or thai alleges that the other party has breached any provision of, or any duty owcd by reason of, this Security Instrument, until such Borrower or Lender has notitìed the other )lli'ty (with such notice given in compliance with the requirements of Section ]5) of such alleged breach llild afforded the other party hereto a reasonab]e 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 pursu,mt to Section 22 and the notice of acce]eration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice imd opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those suhsrllilces defined as toxic or hazardous substances, pollutllills, or wastes by Environmcntal Law and the following substiUlceS: gasoline, kerosene, orher flammable or toxic petroleum products, toxic pesrícides iUrd herbicides, volatite solvents, materÍi¡]s containing asbestos or formaldehyde, and radioactive materials; (lJ) "Environmental Law" means federal laws iUld laws of r[le jurisdiction where the Property is located that relate to health, safety or environmenral protection; (c) "Environmental C1eiUlUp" 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 ro, or orherwise trigger an Environmental Cleanup, WYOMTNG--Single Family-F:lIlIIie Mae/Freddie Mac UNfFOHM JNSTHUMENT '\// 1¿'1y,\~. Borrower Ini[i;l~.____j ,,) \ 2 / I I .'~ . I I. æ¿ [/(/2/( Form 3051 1/01 (pnge 9 of 11 pages) (00281 DS:i~Y6ï65 Borrower sha]] not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to rtlease any Hazardous Subslal1ces, on 01 in the PI'operty. Borrower shall not do, nor i1l1ow anyone else 10 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 retei1se of a Hi1zardous Substance, creatc:s a condition that adversely affects the value of the Property. The preceding two sentences shall not apply lO the presence, use, or storage on the Property of sma]] ljuantiries of Hazardous Substances that ,U'e generally recognizee! to be appropriate to normal residential uses ,md to maintenance of tl1e Property (including, but not irniled to, hazarclolls SllbSliU1CCS ill conSIlT11er proÜllctS), Borrower shall promptly give Lender wdtten notice of (a) any investigation, claim, derIHU1d, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Suhsti1nce or Environmelltal Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, retease or threat of release of any Haz.ardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Subst,U1ce which adversely affects [he V¡ÙUC of the Propercy. ]f Borrower teams, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other rcmediahon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environment¡ù Law. Nothing herein shall create any obligation on Lender for ¡U1 Environmental Cleanup. NON-UNIFORM COVENANTS, Bonower and Lemler furtlier covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otl¡erwise)o The notice shall specify: (a) the del'aultj (b) the action required to cure the defaultj (c) a date, not less than 30 days from the date the notice is givCll to Borrower, by which the default must be cured; and (d) that I'ailure to cure the default on o.r- bel'oroe the daie specified iu tbe uotice may n:sult in acceler-ation of tlie sums secUl'ed by this Security Instrument and sale ,of the Property. The notice shall fu!'ther inform Bon-owero of the right to reinstate after acceler-ation and the right to hring a coud action to assel-t the non-existence of a default or any othelo defense of Borrower to acceleratioll and saleo If the default is not cured on or before the date specified in the notice, Lender at its uptiun 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 auy other remedies pennitted by Applicable Law. Lender shall be entitled to collect ¡ill expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lemler shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give llotice of the sale to Borrower in the mallller provided in Section 15. Lender shall publish the lIotice [If sale, allll the Property shall be s[lld in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale, The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all SUlllS secured by this Seeudty Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender sball release this Security Instrument. Borrower shaH pay any recordation costs. Lender may charge Borrower 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 pennitted under Applicable Law. 24. Waiver-so Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming, ~""'-.1 \(\// Borrower In ilia! -...:::- ) \ //7, / (j¿", ¿.i/{.~ WYOMING..Single Family--Fnl1l1ie ¡\he/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/0 I (pnge 10 of 11 pages) _._~_. -. -....-. --- ----- ---~-,-- ~------ --"- ,---------- 00282 n~ll11 ~?£5 u~-~ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covemU1ts contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ¿();¿IZ/7iJiUJiI{lJ1/}ç(5'-- (Seal) ~3;~ SWARTZ MATZ \- '- - orrowcr ~ / . 1~Î >/ /, /.7 >' (/ /// /-"'{/'(~/(, (//¿ // l ,'::'-=::CSeaI)-- ANDRE'\V MATZ Borrow", ,(Seal) (Seal) -Borrower -Borrower [Space Below This Line For Acknowledgment] Slate of WYOMING ss COLlnty of LINCOLN The foregoing Ü1strllment was acknowledged before me by JOANNE SW AHTZ MATZ ane! ANDREW MA TZ, WfFE Ane! HUSßAND this 22nd day of December ,2005. Witness my hand and offjcial sea1. (Seal) ße~é.---'aJ /'7~ Notary Public Clod a K. Byers ßc/-. fVV<J / (Print or type name) My Commission Expires: 9-15-07 GLORIA K BYERS - NOTARY PUBLIC C~unty of .f'¢~ State ,of Llncoln~~;' Wyoming My Commission Expires Sept. 15, 2007 WYOMING--Single Family--Fannie Mac/Freddie Mac UNIFORM INSTRUI\ŒNT Form 3051 1/01 (page J 1 of J J pages) '>1 -G)~2l~~~- ? .4 / 1/ I / L,', /(j'L' /é/C,_ , " ----- - _.. "-_..----- ----.. ------_.~ ÜSJl4V~'J\GS (, {ì 0 f'\ 8 3 ',' \J t:" A portion of the Matz propertYI as referred to in the Deed recorded in Book 466PR on page 2141 with the Office of the Clerk of Lincoln County I Wyoming I wi thin the SW~W~ of Section 101 T35N Rl19W of the 6th P.M'I Lincoln County I Wyoming I the metes and bounds being more particularly described as follows: BEGINNING at the Marlowe A. Scherbel PLS 53681 for the Northeast Corner of the NW~SW~ of said thence N 89°26/59" WI along the North line NW~SW~I 660.00 feet¡ thence N 0°26/24" EI parallel with the West line of the SE~W~ of said Section 101 330.00 feet; thence S 89°26/59" EI parallel with said North line I 660.00 feet to a Point in said West line; thence S 0°26/24" WI along said West linel 330.00 feet I to the Point of Beginning. 2000 location Section 10; of said ¡ : ~ '! hl r)¡f" C U/,-j~~ LJ 'l.j¡~ 0028[1 Prepaymcnt Penalty Rider (Mulii-Slate Soft Prepay Penalty) This Prepayment Rider is madc this 22ND day of DECEMBER ,2~and is incorporated into anel deemed ,to amend and supplement the Mortgage, Deed of Trust, (the "Seclll'ity Instrument") of the same elate given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to Chen)! Creek Morlgage Company, lnc, (the "Lender") of the same date and covel'ing the property described Ü1 the Security Jnstrument and located at: 658 GOOD NEIGHBOR LANE, ETNA, WYOMING 83118 , (tile" rJmperty") Amended Covenants. Not withstanding anything to the contmry set forth in the Note or Security Instrument, Borrowel' and Lender covenant, and agree, as follows: Borrower has the right to make payments of pl'incjpal at any time before they are clue, A payment of principal only is known ¡¡s a "prcpayment', A "full pt'epayment" is the prepayment of the entire unpaid principal due tindel' the Note, A payment of only pal't of the unpaid principal LIS know as a "partial prepayment", tf, within the 3 -year period beginning with the date Borrower executes the Note (the "Penalty Period"), Borrower makes a full prepaymcnt, or partial prepayment in any twelve (12) month period that exceeds 20% of the original principnl lonn amount, Burrower will pay a p)'epaYlllent cha"ge ,IS cOllsideratiulJ for the Note Hulder's acceplallce of such prepayment. Tile prepaYlllcllt chargc will eqllal the amount of interest that would accruc during a six (6) month period on the amollnt prepaid that cxceeds 20'% of the original principal balance of the Note, calculated at the rate of interest in effect under the terms of the Note at the time of ltle prepayment, lInless otherwise prohibited by applicable law or regulation. No prepayment charge will be assessed for nny prepaynlelJt occlJrrilJg after the Peualty Period Notwithstanding the foregoing, in the event of a full prepayment concurrent with a bOlla fide sale of the Property to an unn~lated third party aile" the lïl'sl -0- year(s) of the teml of the Note, no prepayment penalty will be assessed. In that eyent, you must provide the Notc Holder with eyidence acceptable to the Note Holder of such sale. For purposes of this exception to the prepayment charge, a sale of the property to a person or entity with whom yon have personal or bnsiness I'elationship (such as a family mcmber, builder, develope)' or employer) will be presumed NOT to be ¡¡ bona tïde sale of the Property to an unrelated ¡hiI'd party. By signing below, Borrower accepts and agrees to the terllls and covenants contained in this Prepayment Rider. /j /7 ./ /11'/ /' / /:~t~/",,( /-(A_ / ~prmw MATZ - '-..--- ,,> ../"L /¿:,/"L,//?\7~ 603C Multi-St8te Rider (Product Solutions) 09/01/01