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HomeMy WebLinkAbout916209 r (ì fìU"'\ roo, 9 ~\,}t.: ..., ?f ,- t· RECEIVED 2/2412006.at 12:42 PM RECEiVING # 916209 BOOK: 613 PAGE: 39 .JEANNE WAGNER LINCOLN COUNTY Cl.ERK. KEMMERER. WY "Ii ISpace Abovs This.line FDr Becoming Data] DEFlNITIONS MORTGAGE Words used lll1l1nltipJe sections of:this .docmnent.are.ddined bclow.BI1d other wonis lire.ddined in.sections 3.11.13. 18, 20 lllld 21. Certain :rules Iegarding the usage of wonis used in :this dor.11ment .are .also provided in.5ection 16. (A) "Security 1nstrument" ::means :this oocmnent, which is.daœd ....................... .W:Q~¡¡QPß.. ...... ............ ... .. 1o~ther with .all Riders to :this .docmnent. (ß) "Borrower" is ftl!=.¡ç;U~(\.Œl!lI!~ A~P.TA~NYf·.~tm~,~~ A~. Wtf.l¡............... ...... ......... .................... .................................... .......................... .... ................... .............. ...... ............... ... ... .... ........................ ..................... ............ ... ... ..... ....... ...... ......... ...... ..... .. .Bonower is theJ1lortgagor under:this Security Jnstrument. (C) ''lÆnder'' is ]~~Af)I!<' Pf~I~~. YN#;Y...... ......... ............ .......................................... ............ ............... ...... ...... ...... ........................ ................... ............... ...... ......... ............ ......... ........ .... ...... .......... . .Lender is .a .................................... .,............................,........ ...... ............ ....... orgll11i7.eillllld:existing llI1det the laws of I~.~A1-U!~ )YXl!MIN~............... ...... ............... ...... .........., . .Lender's.address is .~~.\Y.~HINIIT~~~.fP.-il~~.~Q!JJ,..... AÐ"P.~.. WYJ ~lH1.......................................... ............ ...... . .Lender is the mortgagee llI1det:this Security lnstrunu:nt. (D) "Note"::means thepromissmy.11Ote.signed by .Bonower lllld.dat.e.d JlU13·J.Q06.............................................. . The Note 5tateS that .Bonower owes .Lender .QNU!W~~ R!lITn!~KJ:I@U~~NQ l!@ NQ1WP. ... ... ... ... .. ............. ... ... ....,.... ...... .. .....,.........................................., Dollars (U.S. $ ~~~QQJ!Q ..................) plus :interest. :Bonower .has promised to pay this .debt in Iegu1ar P.eriodic P.ayments lllld to pay the .debt in full :not later than .pß., )J;.?QQ1. .................. ......... ... ...... ................................................................ .......................................... ... ....... ......... ......... .... ...................... ............ ......... .... ......... ...................... .... .................... ...... .. ~¡ 1 (E) ''Property''.means the property !hat is .described below llI1det the hfa,;¡iliTlz "TTa11!l:fer ofllights in the Property. " (F) ''Loan'' ::means the .debt evidenr.e( by the Note, plus interest, .any prepayment cl1ar~s lllld late cl1ar.8es.due nnder the Note, lllld .all5UIl1S .due nnder :this Security lnstru:ment, plus inter~t. (G) ''Riders'' ::means.all Riders to:this Security Jnstrument !hat.are ~JœCDted by :Bonower. The followin,g Riders.are 10 be 'f:JœCDted by.Bonower I check box.as .applicable] : :0 Adjustable.R1úe Rider :0 Condomi11ium Rider 1XI .B.alloon Rider :0 Planned Unit DevclOjJII]mt Rider :0 1-4 F.amily Rider TI Biweekly P.aynrent Rider (H) "Applicable Law" .ID.eaIlS .all contr~ .applicable :fuier.a.J.. .state .and local .st:.atu.te5, 1'f'2J11Htions, ordinanœs lllld admi11istrative rules lllld orders (!hat.have the effect of law).as wcl1.as .all.applicablefinal, :non-JlPpeaIabJe judicial opinions. (I) "Comm11nity Association Dues, Fœs, .and Assf'!i:/m1f'11ts" ::means .all-.dues, :fees, .assessments lllld other cl1ar,ges that .are imposed onBonowt:r or the Property by.a .condominium .association,.ho1I1eow.ner.s.associli1ion or .similar OTf;II11i7.J1t1on, (J) ''Electronic Funds Tr1WSf.er" .means .any :tr.ans:fer of funds, other than .a transaction nTigi11att".() by cl1eck. .draft, or .similar paper instrunu:nt. which is initiJltf"-d through.an clectronic terminal, telephonic instrument, .computer, or:IJ1a.81retic !.ape so.as to order, instruct, .or .authori:re .a fÎ11a11r.Îal -institntion to .debit or .credit.an .account. .such term indnilf"s, but is .11Ot l.imited to, point-of-we :transfers, .automated tcl1er mar.hi11e transactions, transfers initiatf"II by :telephone, wire 1IliI1sfers, lllld lIutomatf"rI d~ringJ1ouse tr.a.nsfus. (K) "Escrow 1tems" ::means those items that .are .described in Section 3. (L) "Miscellaneous .Proceeds" .means .any compensation. settlen1ent, .aw.ard of .dama,ge.o;, or proœed.s paid by .any :third -party (other than insurance proœeds -paid nnder the coverages .described:in Section 5) Íor: (i) damage to, or .destruction of, 1he Property; (ii) Conilen111l1tion or otfrer ía.kÏ11.8 of.all or.any part of the Property; (ill) convey.ance inJiell of conden111ation; or (iv) misrepresentations of, or omissions.as to. the v.a1ne.aDd7or .condition of the Property. (M) "Mo~e Insurance" ::means i11S11TJIT1r.e pr01~ .Lender .against the .:nonpa~ of. or d.efan1t on, the Lrum. (N) "Perioòic P.ayment" means the I~ly sc ed .amount .due for (i) principallllld .:.interest llI1det the Note. plus (ii) .an~~ounts nnder Section 3 of this Šecurity lnstru:ment. (0) " PAil .means the Rt:al Estate Settlement Procedures Act (U U.S. C. §260l ~t 5e9.) .BI1d its ~nm~en~ I~on, ~ X (24 C.P.R. Pm 3500), .as theY:m..i.8ht be JITTIennf"II from tim.e to tim.e, or.any . 'anal or .sncœssor le' , or Iegnlation that .80vems the 5aII1.e .subjt:ct .matter. As used in :this Security 1nst:run:íent, "RESP A" Iefers to .all Ieguirements lllld restrictions that .are .imposed.:in Iegard to.a "knerlllly rclBte.d mortgage 1rum" ~vm if the Lrum .does :not qualifY.as.a "feder.ally IclBte.dJ11ortgage lrum nnder RESPA. (P) "Sllr('f'!;:~or.in.Interest of .BoITower" ::means .any party that.has :taken 1i1Je to the Property. w.hd:her or.11Ot:that party .has ..assU1I1f.d.Bonower's obliptionsnnder the Note lllld/or:this Security Jnstrument. TI Second Home Rider TI Other(s) 15pfrifyJ ...................... '7 TRANSFER OF RIGHTS IN THE PROPERTY This Security 1nstrum.ent secures to.Lender: (i) the Iepaynrent of the Loan, lllld .all IeIWW.als, extensions lllld moc!ifir.atio11S of::the Note; lllld (ii)::the perfonnance ofBonower'5 covt:nants lllldJI,gI=er1ts nnder:this Security Tn!;tmment lllld::the Note. :For this pnrp05e, .Bonower .does .irereby J1lortgage, .8Ian1.BI1d COIlvt:y to .Lender lllld .Lender '5 .succesSOIS lllld.as5Ï.811S, with 'Power of 5alt:. ::the followin,g .described property located in ::the ~~l1octL............................. ...... ........, ...... ..........of TTy.pe Df flecomin.g .JurisdjctWnJ +!fJI!=~~~....... .....,........................... ........,......... ............ ... ......... : [Name Df'RøcQn: in.g .JurisdictWn] .sEE liC-H£IJl.1ŒA ATT AI:-HEIlHEHETD AND MADE APART tlEHEDf T~mn 3051 1/D1 WYDMING - Single T.Bmily - Eannie MaelFnsddie Mac UNIFDRM INSTRUMENT .Ðenkers5ystems, Inc., 51..cIoud, MN fDrm MD-1-WY l!/21l2000 D1: 1/2001 (page 1 of7pages) & , ~ 1I!"lJln :: ~ ~ j~~ i~~~i!~ ¡i¡¡~ ~i¡ .~.. (~C~OU ~~n~ n 3..i 'U "'. oJ ' 'I ,,; 4 0 whìcl1 currently has: the addresS" of .I?T.~.~4-Tft~.~~!.!ç........ ... ........................ ...... ... ...... ...... ....:~. ~..\:.':-:............. [street] .AFJ:QN. ...... ...... ............... ....... .............. .........., Wyoming: .~;UHT,...................... ... ....... ("Property Address"): [City] [Zip CodIJ] TOGEtHER WITH all the improvemem now or hereafter erected on the property, and all easemem, appurtenances, and fixtures now or hereafter a part of the property, All replacemem 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 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 unencumbe~ except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all cla.ims" and demands, snbject to any encumbrances of record.. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrnment covering: real property. UNIFORM COVEN ANTS. Borrower and Lender covenant and agree as follows: 1. Payment of PrincipaIr futerestr Escrow Items-r Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow ftems pursuant to Section 3. Paymem 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 unpai~ Lender may require that any or all subsequent paymem due under the Note and this Security Instrument be made: in: one ormore 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. provided any such check is drawrr upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Paymem are deemed received by Lender when received at the location designated in the Note or at snch other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial paymem are insufficient to bring: the Loan current. Lender may accept any payment or partial payment insufficient to bring: the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse snch payment or partial paymem in the future, but Lender is not obligated to apply such paymem at the time snch paymem are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold snchunapplied funds until Borrower makes payment to bring: the Loan current. If Borrower does not do so within. a reasonable period of tinre, Lender shall either apply such funds or return them to Borrower. If not applied earlier, snch funds will be applied to the outstanding: principal balance under the Note immediately prior to foreclosnre. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making: paymem due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments- or Proceeds. Except as otherwise described in this Section ~ all paymem 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 Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order irr which it became due. An:¡ remaining: amoum 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 snfficient 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 Paymem 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 Paymem, such excess may be applied to any late charges due~ Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. An:¡ application of payments, insurance proceed5, or- Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the atnount, of the Periodic Payments. 3. Funds for- Escrow Items. Borrower shall pay to Lender on the day Periodic Paymem are due under the Note, until the Note is paid in full, a sum: (the "Funds") to provide for- payment of amounts due for. (a) taxes and assessmem and other items which can attain priority over this Security Instrument as a lien or encumbrance Oil the Property; (b) leasehold paymem or ground rem on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage IiIsnrance premiums in accordance with the provisions of Section to. These items are called "Escrow Items." At origination or at any time during: the term: of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and snch dues, fees and assessmem shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under- this Section. Borrower shall pay Lender 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 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: snch payment within such time period as Lender may require. Borrower's obligation to make snch payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase" covenant and agreement" is used in Section 9. 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 snch amount and Borrower shall then be obligated under- Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in snch amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) snfficient 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 RESPA. 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 irr accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrnmentaIity, 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 permits Lender to make such a charge. Unless an agreement is made irr 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 RESP A. 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 RESP A, Lender WYOMING - SingJ& Family - Fannia Mae/Freddie Mac UNIFORM INSTRUMENT ()(J torm 3a~T (~g~Zo/T~g~~ '. Bankers- Systems. InC'.. s~. Claud, MN Fa,or MD-I-WY B/21/2oo0 I':R:":¡;:'~ ~ ,:..;,' I " '.; ',;.. I.' .. \ ·\\':s;¡~:~;Lib:il-',n E~::;~::i*¡~:~:::;:i ~:2;ø:!1 091J;209 '_ -.,' .I 000041 { ,i .shall notify Borrower .as required by RESPA, .and Borrower .shall-pay to .Lender the .amount "11~œ ; ;;ITY to :ma1œ up the .shortage :in .accordance with RESPA, but .in no more than 12 :monthly payments. If there is .a deficiency of F1mds J1eld .in escrow, .as .defined 11Dder RESPA, Lender .shall notify .Borrower .as required by RESPA, .and .Borrower .shall pay to Lender the 1lIl1ountnecessary to:ma1œ up the.defic.iency .in.accordancewithRESPA, but.in no more than 12:monthlypayments. Upon -payment :in:full of.all sums secured by this Security lnstrument, 1.ender .shall promptly re:fund to Borrower .any Funds J1eld by .Lender. 4. Charges; Liens. .Borrower shall pay .all .taxes, .asse ;rnlent ;, cl1arges, fines, .and jmpositions.attributable to the Property w.hich .can .attaÚ1 priority over this Security .Instrument, leasehold payments or ground rents on the Property, .if .any, .and Cnmmlmity Association Dues, Fees, .and Assesrnlents, if .any. To the f:X1cDt that these items .are Escrow 1tems, .Borrower.shall pay them.in the.manner prov.ided.in Section 3. .Borrower .shall promptly discharge .any lien w.hich l1.as priority over this Security lnstrument lIDless .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 perfo:rming such .agreement; (b) .contests the lien ..in good faith by, or defends .against :enfor.cement of the lien .in, legal proceedings which .in Lender's opinion operate to prevent the :enfor.cement of the lien while those proceedings are pending, but only until such proC'Pf"rlinr;s are .conchlCif"1i; or (c) secures from the .holder of the lien .an.agreement satisfactory to Lender .subordinatinr; the lien to this Security lnstrumen1. If Lender .detemrines 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 .identi:fying the lien. Within 10 .days of the .date on which that notice is given, Borrower shall satisfy the lien or 1alœ one or :more of the .actions set forth .above .in this Section 4. Lender may require Borrower 10 pay .a one-time cl1arge for .a real estate tax verifi~ation .and/or reporting service used by Lender .in .connection with this Loan. .5. :Property lnsurance. Borrower shall Jœep the improvt:meIlts now ~xisting or J1ereafter ~rected on the Property insured .against loss by fue, ha7.3Tds jnc:lnðed within the term "eTtl"nnf>d coverage," .and.any other .hazards inclndi11l, but not limited 10, earthqualœs .and floods, for which ..Lender requires insurance. This lmmTance .shall be maintained .in the .amounts (including !leductible 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.insurance.can:ier -proviiling the.insurance shall be chosen by Borrower .subject to Lender's :right to disapprove .Borrower's choice, which right.shall not be i:JœI'cised unreasonably. Lender may require Borrower to pay, .in .connection with this Loan, rither: (a) a one-time cl1arge for flood zone .deternrination, .certification .and trac:king services; or (b).a one-time charge for :flood zone .determination .and .cert.ifi.ca.t.on services .and .subsequent cl1arges each time remappings or shnilar .changes occur which reasonably 1IlÍght .affect such .deternrination or .certification. .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 d~t~ination rfsnlting from .an objection by :Borrower . Jf .Borrower fails to maintain .any of the .coverages .described above, ..Lender may obtain ;nsl1T;mœ .coverage, .at ..Lender's option .and .Borrower's expense. ..Lender is under :no obligation to purchase .any :particular type. or .amount of .coverage. TJ1erefore, such .coverage .shall cover Lender, but might or 1IlÍght not ]JIotect .Borrower, .Borrower's ~quity .in the Property, or the contents of the Property, .against.any:risk,.hazard or liability .and 1IlÍght provide greater or lesser .coverage than w.as previously :in ~ffect. .Borrower .acknowledges that the £ost of the in$llTan~ £overage .so obtained 1IlÍght sigJIificantly ~:xceed the .cost of insurance that .Borrower .could .have obtained. Any .amounts disbursed by Lender 11Dder this Section j 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. All lnSllTance policies required by ..Lender .and :renewals of such policies .shall be subject to ..Lender's right 10 .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 the right to 110ld the policies .and renewal œrtificates. 1f .Lender requires, .Borrower.shall promptly give to..Lender .all receipts of paid pr~;nms .and renewal notices. If .Borrower obtains .any fonn 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 .and/or .as .an .additional loss payee. .In the ~vent of loss, Borrower shall give prompt notice 10 the .insurance .carrier .and Lender. ..Lender maY:ma1œ -proof of loss jf not :made promptly by .Borrower. Unless .Lender .and .Borrower otherwise .agree :in writing, .any .insurance -proceeds, whether or not the underlying .insurance w.as -required by Lender, .shall be .applied to restoration or repair of the Property, .if the restoration or repair is ~onomically feasib1e .and ..Lender's security is not .lessened. D1.IIing .such repair .and restoration -period, Lender .shall .hav~ the right to .hold .such ilJsl1Tan~e proceeds until ..Lender .has .had .an opportunity to inspect such Property to :ensure the work.has been .completed 10 Lender's .satisfaction, prov.ided 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 Applic.able 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. F.ees for public .adjusters, or other third parties, retained by Borrower .shall not be paid out of the insurance prO£eeds.and.shall be the sole obligation of .Borrower. lithe :restoration or repair is not t:Cl111nmic..ally feasible or Lender's .security would be lessened, the .insurance proceeds .shall be.applied to the sums securf.d by this Security lnstnnnent, whether or not then due, with the excess, jf .any, paid to :Borrower. Such insl1Tanœ proceeds .shall be .applied :in the order prov.ided for ..in Section2. Jf Borrower .abandons the Property, Lender:may file, :.negotiate .and settle .any .av.ailable .insurance claim .and rclated :matters. Jf .Borrower !loes not respond within 30 .days 10 .a notice from Lender 1hat the .insurance .carrier .has offered to settle .a claim, then.Lender may TIej?;otiate .and settle the..claim. TIle 30-.day -period will begin when the notice is given. .In ~ither ~v~, or if Lender .acquires the Property under Section 22 or otherwise, Borrower J1ereby .assigns to Lender (a) Borrower's rights 10.any.insurance proceeds :in.an.amount:not to:exceed 1he amnnnts unpaid under the Note or this Security lnstrument, .and (b) .any other of .Borrower's:rights (other than the right to .any rdund of lmf>aTl1f"1i ]J1"fT11inms paid by Borrower) 11Dder .all .insurance policies .covering the Property. .insofar .as such:rights .are .applicable 10 the .coverage of the Property. ..Lender may use the .insurance proceeds ~ither 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, ~sta.blish,.and use the Property .as Borrower's principal residence w.ithin 60 .days after the :execution of this Security lnstrument .and .shall .continue to occupy the Property .as .Borrower's principal residence for .at least one year .after the.date of oL:Cl.lpaJ1C)', l1Il1ess Lender otherwise .agrees .in writing, w.hich .consent shall not be unreasonably withheld, or unless e:xtenna!inz circumstances:exist whichare beyond:Borrower's .control. '7. Pr£serv.ation, J\{ainfJ>mm('e .and Protection of the Property; lnspections. Borrower shall not .destroy, .damage or :impair the PIOperty, .allow the Property 10 .deteriorate or .commit w.aste on the Property. Whether or not Borrower is Iesiding ..in the Property, Borrower .shall maintain the Property .in order to prevent the Property from .deteriorating or ~easing .in value due to its .condition. Unless it is n~t~inf>..d pursuant to Section 3 that repair or restoration is not ~nnnmi~a])y feasible, .Borrower .shall promptly repair the j)roperty if dam::t.ged 10.avoid further .deterioration or .damage, Jf insurance or .cnndenmation -proceeds are paid .in .connection with ..damage to, or the taking of, the Property, .Borrower .shall be responsible for Iepairing or Iestoring 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 .cnmplf>tl"d. Jf the .insurance or .cnndP.tT1Tlat;on proceeds .are :not snffident 10 repair or restore the j)roperty, .Borrower is not rclÏevt:d of.BorroWt:r's obligationfor the .completion of such repair or Iestoration. WYOMING - 5in.! le TBmily - T.Jllnnie Maelfreddie Mac UNIFORM JNSTRUMENT AMonn3D51 1/D1 (pogO of7pages) ~ y~ ~nker5 5 y5tems , Jnc., St. .ctaud, MN fmm MD-1-WY 131.21/.2000 ;:':::~~i~:~:;:;! ';Q.!'!~~:f·.:,!.I" · . 031.6209 CO'Ò042 tèIDtêr 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 011 the Property. Lender shall give Borrower notice at the. time of or prior to such an interior inspectiOIl specifying such. reasonable cause. 8. Borrower'~ Loan Application. Borrower shall be irr. default if, during the Loan application proces~, Borrower or any persons or entities acting at the directiOIl of Borrower or with Borrower's knowledge or consent ga.ve materially false, misleading. or inaccurate inforrnatioll or statements to Lender (or failed to provide Lender with. material information) irr. 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. ProtectiOIl of Lender'~ Interest in the Property and Rights Under this Security Instnnnent. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the. Property and/or rights under this Security fnstrnment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a liell which may attain priority over this Security fnstrument 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 fnstrnment, 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 limited to: (a) paying any sums secured by a lien which. has priority over this Security Instrument~ (b) appearing irr. court~ and (c) paying reasonable attorneys' 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 011 or off. Although Lender may take actioll under this SectiOIl 9, Lender does not have to do so and is not under any duty or obligatioll to do so. ft 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. from the date of disbursement and shall be payable, with such interest, UpOIl notice from Lender to Borrower requesting payment If this Security Instrument is 011 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 Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance irr. effect. If, for any reason, the Mortgage 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 Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously irr. effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously irr. effect, from an alternate mortgage insurer selected by Lender. If 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. whell the. insurance coverage ceased to be irr. effect. Lender will accept, use and retairr these payments as a norr--refundable loss reserve irr. lieu of Mortgage Insurance. Such loss reserve. shall be nOll-refundable, notwithstanding the fact that the Loan is ultimately paid irr. 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 Insurance coverage (irr. the amount and for the period that Lender requires) provided by an insurer selected by Lender agairr. becomes available, is obtained, and Lender requires' separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making: the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage. Insurance, Borrower shall pay the premiums required to maintairr Mortgage Insurance irr. effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends irr. accordance with any written agreement between Borrower and Lender providing: for such. termination or until termination is required by Applicable Law. N othirr.g: in this Sectioll 10 affects Borrower's obligatioll to pay interest at the rate provided irr. the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrowerdoes not repay the Loan as agreecl Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance irr. 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 OIl 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 obtairr.ed 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 affiliate 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, irr. exchange for sharing or modifying: the. mortgage insurer's risk, or reducing: losses. If such agreement provides iliat an affiliate of Lender takes a share of insurer's risk irr. exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreemerrts will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other ten:ns 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 right~ Borrower has-if any-with respect to the Mortgage Insurance under the Homeownen Protectioll Act of 1998 or any other law. These rights may include the right to receive certain disclosures-, to request and obtain canCeIIatiOIl of the Mortgage Insurance, to have the Mortgage- Insurance terminated. automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneo1IS" 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 restoratioll 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. undertakeII promptly. Lender may pay for the repairs and restoratioll irr. 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 earnings OIl 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 any, paid to Borrower. Such Miscellaneous Proceeds shall be applied irr. the order provided for irr. Section 2. In: the event of a total taking, destructioll, or loss irr. value of the Property, the Miscellaneous Proceeds shall be: applied to the sums secured by this Security fnstrnment, whether or not theII due, with. the excess, if any, paid to Borrower. In: the event of a partial taking, destruction, or loss in value of the Property irr. which the fair market value of the Property immediately before the partial taking. destruction, or loss irr. value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss irr. value, unless Borrower and Lender otherwise agree irr. writing, the sums secured by this Security fnstrnment shall be reduced by the WYOMING - Single' Family - Fannie Mae/FreddIe Mac UNIFORM INSTRUMENT Form 30~;T (pagl!4-ofTpages) ~ ' B.nk....sSystems.lnc,. St. Cloud. MN Form MO-I,WY 8/21/2000 m~··""···:·.··" :::;:~i:¡: '~*.:; :;~¡:.~ 1::I:'~:~:' :~~'l::¡; j 'f""If'~~I~ ,0916209 " ~,' ; ,0r.n""43 .' , _' ¿" ~ 1 , t .~ ,. '1..: t.; .amount of the Miscellaneous PIDceeds.multiplied by the follo~ fraction: (a) the total amount of the sums secured .linmediately before the partial taking, destruction, or loss m value divided by (b) the fair .market v.alue of the Property .immediately before the partial taking, destruction, or loss m value. Any balance.shall be paid to Borrower. .In the event of li partial taking, destruction, or loss m value of the Property m which the fair .market value of the Property immf"..rliatp.ly before the partial taking, destruction, or loss m value is less than the amount of the 5UIIlS .secured immediately before the partial .taking, destruction, or loss m value, unless Borrower .and Lender otherwise ligIœ m writing, the Miscellaneous Proceeds .shall be applied 10 the sums .secured by .this .security 1nstrument whether or .not the .sums .are then due. If the Property is'libandoned by Borrower, or ll, .after notice by'Lender to Borrower that the Opp~ P.arty (as defined m the.next sentence) offers to :make.an aWMd to .settle a claim for damages, Borrower fails 10 respond to Lender within 30 days .after the date the notice is given, Lender is .authorized to collect .and li.Pply the Miscellaneous Proceeds cither 10 restor.ation or repair of the PIDPerty or to the sums secured by.this Security lnstrument, whether or not then due. "Opposing P.arty" means the third party that owes Borrower Miscellaneous Proceeds or the party Bga.ÌnSt whom .Borrower .has a right of .action m regard 10 Misccllaneous Proceeds. Borrower .shall be m default II .any liCtion or pIDceeding, whether civil or criminal, is begun :that, m Lender's judgment, could result m forfein.1re of the PIDperty or other IDaterial impaiTment of Lender's .interest m the .Property or rights under:this .security lnstrument. Borrower.can cure such a .default .and, II .acccleration.has occurred, reinstate .as provided m .section 19, by.causing the .action or proceeding 10 be dismissed with a:rulin,g that, m Lender's judgment, precludes forfeiture of the Property or other .material.impainnent of Lender's .interest m the Property or rights under .this Security 1nstrument. The proceeds of .any liwMd or claim for dama.r;e" that .are.B1tributable to the ..impainnent of Lender's interest m the .Property .are .hereby liSSigned and .shall be paid to Lender . All Misc..ellaneous .Proceeds that Me not lipplied to restoration or repair of the .Property .shall be li.Pplied m the order provided for m .section2. 12. Borrower Not Released; Forbearance ]Jy Lender Not Jl W.aiver. Extension of the time for payment or modification of .amortization of. the sums secured by .this .security lnstrument gnmted by Lender to Borrower or .any .successor m Jnterest 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 pror.et'ilints Bga.ÌnSt .any .successor m .Interest of Borrower or to refuse to extend time for payment or otherwise modify .amortization of the 5UIIlS secured by .this Security lnstrument by reason of .any demand :made by the original Borrower or .any Successors m .Interest' of .Borrower. Any forbearance by Lender .in exercising .any right or remedy .:including, without limitation, Lender's .acceptance of payments from third persons, entities or Successors.in .Interest of .Borrower or m .amounts less than theBmount then due, .shall not be li waiver of or preclude the exercise of .any right or remedy. 13. Joint .and SeverBl Liability; Co-:signers; Successors .and Åssigns Bound. .Borrower covenants .and ligIœs that Borrower's obligations .and liability .shall be jomt .and several. Rowever, .any Borrower who co-signs this .security lnstrument but does not execute the Note (a "l;o-signer"): (a) is co-signing .this Security 1nstrument only to mortgage, grant .and convey the co-signer's .interest m the Property under the tenns of.this .security 1nstrument; (b) is not personally obligated 10 pay the sums secured by .this Security lnstrument; .and (c) ligIees that Lender .and .any other Borrower l;an ligIee to extend, .modify, forbear or:make .any .accommodations with repn:l to the tenns of this .5ecurity Instrument or the Note without the co-~'s consent. Subject to the provisions of Section 18,.any Successor m .Interest of Borrower who assumes Borrower's obligations under this .security 1nstrument .in writing, .and is lipprOVed by Lender, .shall obtaill.all of .Borrower's rights .and benefits under this Security 1nstrument. Borrower .shall not be released from Borrower's obHzation" .and liability under .this .security lnstrument unless Lender .agrees to such release m writing. The covenants .and .agreements of .this Security lnstrument.shall bind (except as provided m Section 20).and benefit the successors .and assigns of Lender . 14. Loan Charges. Lender .may charge Borrower fees for .services perfonned m connection with Borrower's .default, for the purpose of protecting Lender's mterest m the Property .and rights under .this Security lnstrument, .:including, but not .limited to, .attorneys' :fees, property inspection .and valuation fees. .In regard to .any other :fees, the .absence of express lillthOrity m .this Security lnstrument to charge a specific :fee to .Borrower .shall not be construed .as li prohibition on the chargjng of such fee. Lender .may not charge fees that .are expressly prohibited by .this .security 1nstrument or by Applicable.Law. If the Loan is subject to li law which sets maximnm loan charges, .and that law is :finally interpreted so that the .interest or other loan charges collected or to be collected m connection with the Loan exceed the p=ittf"d limits, then: (a) .any such loan charge .shall be.reduced by the Bmount .necessary to reduce the charge 10 the permit1ffi limit; .and (b) .any 5UIIlS already collected from Borrower which .exceeded permit1f'.d .limits will be refnnilf'.cf to .Borrower. Lender IDaY choose to:make .this refund by T~rlnr.inz the principal owed under the Note or by .making li direct payment to Borrower. If li refund reduces principal, the reduction will be treated .as li partial prepayment without .any prepayment charge (whether or.1lOt a prepayment charge is provided for under the Note). Borrower's.acceptance of .any such refund.made by direct payment to .Borrower will l;onstinJte a waiver of .any right of .action Borrowerm.ight have .arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender m l;ODneCtion with this .security lnstrument :must be .in writing. Any ::notice to Borrower m connection with .this Security lnstrument .shall be deemed to have been givt:I1 to .Borrower when:mailed by first class.mail or when .actually delivered to Borrower's notice .address jf .sent by other means. ~otice to .any one Borrower .shall constiUlte notice to.all Borrowers .unless Applicable .Law expressly requires otherwise. The notice .address .shall be the Property Address unless Borrower .has desiznatP.rl a substinJte notice .address by .notice to Lender. Borrower.shall promptly notify Lender of Borrower's change of .address. If Lender specilles li procedure for .reporting Borrower's change of .address, then .Borrower .shall only report a change of .address through that 5pecified procedure. T.here IDaY be only one d~"ivated notice .address under.this Security lnstrument lit.any one time. Any notice to Lender .shall be given by delivering jt or by mailinz jt by first class.mail to Lender's .address stated .herein unless Lender .has d~"izn;¡tf'd .another .address by notice 10 Borrower. Any notice.in l;Onnection with .this .security lnstrument .shall not be .deemed 10.have been given 10 Lender until .actually received by Lender. If .any .notice required by this Security .Instrument is .also required under Applicable .Law, the Applicable .Law requirement will satisfy the corresponding requirement .under this Security lnstrument. 16. Governing Law; Severability; ::Rules of Construction. Ibis Security 1nstrument.shall be governed by:federal law.and the law of the jurisdiction m which the .Property is located. All rights .and obligations contained .in this .security Jnstrument Me subject to .any TI:guiremen1s .and limitations of Applicable .Law. Applicable Law .might :explicitly or implicitly .allow the parties to ligIœ by contract or it.might be .silent, but such silence .shall not be construed .as a prohibition Bga.ÌnSt ligIeement by contract. .In the .event that.any provision or rlause of.this Security lnstrument or the Note conflicts with Applicable .Law. such conflict .shall ::not.affect other provisions of this .security 1nstrument or the Note which .can be givenclfect without the l;onflictingprovision. As used m this Security lnstrument: (a) words of the masculine gender .shall:mean.and include l;orresponding .neuter words or words of the femininp. gender; (b) words m the .singular .shall mean.and include the plural.and vice versa; .and (c) the word "may" ...gives sole discretion without any ohlization to take.any .action. 17. Borrower's Copy. .Borrower.shall be given one copy of the Note.and of.this .security lnstrument. 18. Transfer of the .Property or Jl ::Beneficial Interest.in ]Jon-ower. As used m this .section 18, ''.Interest.in the Property" :means .any legal or beneficial :interest .in the PIOperty, .:including, but ::not limited to, those beneficial interests WYOMING - Single :Family - FJlnnle Maelfreddie Mac UNIFORM JNSTRUMENT ð /r1 FDrm 3.051M ID1 (pagd of7pag£s)~ \...:k....J BanD'" Systems. Jnc., St. Cloud, MN f.ormMD-l-WY B/21l2DOO ]lill~hi~ 031.6209 t '000044 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 part of the Property 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. fuU of all SUII15 secured by this Security Instrument. However, this OptiOIl shaH not be exercised by Lenderif such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleratioIL The notice shall provide a period of not less tharr 30 days from the date the notice: is given in: accordance with SectioIl 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiratioIl of this period, Lendermay irrvoke any remedies permitted by this Security Instrument without further notice or demand OIl Borrower. 19. Borrower'S" Right to Rein.state After Acceleration:. If Borrower meets certain: conditions, Borrower shaH 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 Property pursuant to any power of sale contained in: this Security Instrument; (b) such. other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcin:g this Security- Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due: under this Security Instrument and the Note as if no acce1eratioIl had occurred; (b) cures any default of any other covenants or agreements; (c) pays aH expenses incurred in: enforcing this Security- Instrument, including. but not limited to, reasonable attorneys' fees, property inspectioIl and valuatiOIl 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 actioIl as Lender may reasonably require to assure that Lender's interest in: the Property and rights under this Security Instrument, and Borrower's obligatioIl to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in ore or more of the following foDlIS, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank: check, treasurer's check or cashier's check, provided any such check is drawn. UpOIl an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. UpoIl reinstatement by Borrower, this, Security Instrument and obligations secureei hereby shall remain fully effective as if no acceleratioIl had. occurred.. However, this right to reinstate shall not apply in: the case of acceleration under SectioIl18. 20. Sale of Note; Change of Loan: Servicer; Notice of Grievance. The Note or a partial interest in: the Note (together with this Security- Instrument) can be sold ore or more times 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 perfoDlIS other mortgage loan servicing obligations under the Note:.. this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change: of the Loan Servicer, Borrower will be giveIl writteIl notice of the change: which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other ÏnfurmatioIl RESP A requires in: connection with a notice of transfer of servicin:g. If the Note is solei and thereafter the Loan is serviced by a Loan Servicer other tharr the purchaser of the Note, the mortgage- loan servicing: obligations to Borrower will remain: with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial actiOIl (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 provisioIl of, or any duty owed by reasoIl of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in: compliance with the requirements of SectiOIl 15) of such alleged breach anei afforded the other party hereto a reasonable period after the giving: of such notice to take corrective actioIl. If Applicable Law provides a time perioei which must elapse before certain. actioIl can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleratioIl and opportunity to cure giveIl to Borrower pursuant to SectioIl 22 and the notice of acceleration giveIl to Borrower pursuant to SectiOIl 18 shall be deemed to satisfy the notice and opportunity to take corrective actioIl provisions of this SectioIl20. 21. Hazardomr Substan:ces. As used in. this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following: substances: gasolirre, 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 CIeanup" includes any response: action. remedial action, or removal action, as defirred in: Environmental Law; and (d) an "Environmental ConditiOIl" means a conditioIl that carr cause, contribute to, or otherwise trigger an Environmental CIeanuV· Borrower shall not cause: or permit the presence, use, disposal, storage. or release of any Hazardous Substances, or threaten to release any Hazardous Substances, OIl or in: the Property. Borrower shaH not do, nor allow anyone else to do, anything: affecting: the Property (a) that is irr violatioIl of any Environmental Law, (b) which creates an, Environmental CÖnditiOIl, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a conditioIl that adversely affects the value of the: Property. The preceding: two sentences shall not apply to the presence, use, or storage: OIl the Property of small quantities of Hazardous Substances that are generaUy recognized to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in: consumer products). Borrower shall promptly give Lender written notice of (a) any investigatioIl, claim:, demand:, lawsuit or other actioIl by any governmental or regulatory agerrcy or private party irrvolving: the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including: but not limited to, any spilling. leaking. discharge, release or threat of release of any Hazardous Substance, and (c) any conditioIl caused by the: presence, use or release of a Hazardous Substance which adversely affçcts the: value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediatioIl of any Hazardous Substance affecting: the Property is necessary, Borrower shall promptly take all necessary remedial actions irr accordance with Environmental Law. Nothing: herein: shall create any obIigatiOIl OIl Lender for an Environmental CIeanup-. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree: as follows: 22- Acceleration:; Remedies. Lender shaH give notice to Borrower prior to acceleration following Borrower'S" breach of any covenant or agreement in: thi!f Security fustnnnent (but not prior to acceleration under Section 18 unless: Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action: required to cure the default; (c) a date. not les!f than: 30 days from the date the notice is given: to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in: the n:otice may result in acceleration: of the SUIllSsecured by this Security fustrument and sale of the Property. The notice shaH further inform Borrower of the right to reinstate after acceleration: and the right to bring a court action to assert the non:-existence of a default or an:y other defense of Borrower to acceleration and sale. If the default is" not cured on or before the date specified in: the notice. Lender at its option may require immediate payment in full of aH SUIIIS secured by this Security fustnnnent without further demand and may in:voke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect aH expenses incurred in: pursuing the remedies provided in: this Section: 22. in:cIudin:g. but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale. Lender shaH give notice of in:tent to foreclose to Borrower and to the person: in: possession of the Property. if different, in accordan:ce with Applicable Law. Lender shaH give notice of the WYOMING - SinglEf Family- Fa""i.. Mae/Freddi.. Mac UNIFORM INSTRUMENT Bankers Systems, Inco,. St. Cloud. MN Form MDC I,WY 8/21/2000 Form :JO~T (pag~6of7pag~s) ~ .:~ ..+t·"_t·,·,·1,,h,.,!. ~!~;~ +;Ii¡t ¡~, .;~; "';~; 091.6209 rnnn45 t... ....". ~.: u sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by 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 sums secured by this Security 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 shall release this Security Instrument. Borrower shall 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 permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. RlcMiSTfi¡·~·············· ...... ·..·····~ii~~:~ ....p.:...~.......................... (Seal) SEN -Borrower [Space Below This Line For Acknowledgmentl ... STATE OF WYOMING, ...... ..../...~......... ......... ...... ................. County ss: The foregoing instrument was acknowledged before me this........... /!.?-Ip.?! Irl.f?~.~............................... (date) by ÆÇ~f(~.~y.ç~RI~n~~~~; r.~W~Y.r,ç.~~!~r.E.~~~N,.W~~A~9.WQ.~)f~. ......... ............... ... ... ... '" ...... ... ............... ... ... ........ (person acknowledging) STEVEN A. HARTWELL Notary Public County of State of Lincoln Wyoming My Commission Expires July 8, 2006 My commission expires: WYOMING - Single Family - Fannie Mae/FreddIe Mac UNIFORM INSTRUMENT Bankers Systems. Inc., St. Cloud. MN Form MD,I,WY 8/21/2000 Form 3051 1/01 (page 7 of 7 pages) ~JilifJDi~~! 031.6209 ÇP0046 , " ~c~.JJp , AI , , " ", , , -_... -.---. The,W~E~ of Lot 3 of Block 18 to the Town of Afton, Lincoln County, Wyoming as described on the official plat thereof. 1l/91 --.-.- ---_.-._.~._..__.- ----~_.. ''':. ... ',·.·.;· ·'·\·I·I~I;I!:: :':"" ,".1, ·:I:::~>~._ ::'j,.';. ..,';...:.':.....:. .;.' '.-",. d';' :.:'; ,I:.: ..,.............~........ ····.y;,-,!'1>!tí~~)8'~~'.,,~;·,.,'-'·t;.q:lr.: ", 0-:: '.; : .' ,';' ¡' :.:~~ ,:.~.:.:; ~J:. '';' :.:., ""'.' ,r' . ,";" !~ ~;.I; -: :::.: ;f¡I-:t;.. ....', 091.6209 ~- 00047 PAYMENT RIDER THIS PAYMENT RIDER is made this }~R............. day of .f.~~.~~.~RY/.?QQ~............... and is incorporated into and shall be deemed to amend and supplement the Mortgage, 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 ...m.~.QA~.~.Qf..~T.~R.~~.~~~X\~~t..... .WA~HI,~~T.Qtt~m~n,.~.Q .~~K .~QR?/.~f.TR~/. 'NY.. ?~ J.1. 9...................................................... .......... ...........................,......................................... ..................................... ("the Lender") of ~~7~.~~~~~~~Ay~~~~~K~T.qi~,]~1ff19.~.~~:. ~,~.~~~.i~~.~, i.~. ~.~~. .~.~~.~~~~:. .I~~.~~~.~~.~~. ~~~ .I.~~~~,~~ .~~: [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODiC PAYMENTS OF PRINCiPAL AND INTEREST . The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: o I will make .......................... payments of $ ........................................................ each on the .................. ......... .,....... ... ...... ..................... ...... .................. ............ ...... of each ....;...............,...........,...............................................,................................. ............... ........................... beginning on ............................................................. . !XI I will make payments as follows: 17 MONTHLY PAYMENTS OF $1,217.19 BEGINNING 03·01·2006. IX! In addition to the payments described above, I will pay a "Balloon Payment" of $ .1~X~~~.~11................... on .P.~:Q.1)Q~?......................................... . The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic ·Ii b I· d· b f P" I If 08·01·2007 payments WI e app Ie to Interest e ore nnclpa. ,on .............................................., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the" Maturity Date." I will make my periodic payments at .)~~.'«~.~~.IN~J~~.~TR~nl.~fJR~/.WY.~.n19.................. .................................................................................................................................. ................................................................................................................................... ........................................................ or at a different place if required by the Note Holder. MULTIPURPOSE FIXED RATE PAYMENT RIDER (MUL TIST ATE) Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 f) Ill'. . (\1 . ref: MPFR-MN (page 1 of 2 pages) ~ ~ . t\;' ~~::::i~:;;i~:n:~ ~;,;;:.:1:t~~d·:,;·r , ." ,;" ': 1 \.,J \'1 . ~. ',y" "I, ¡ ·~'"·"":~'''':;'''I;NaJB!'P(!I'.~.'\r!~';~';'Iq'.w'...n.~I!O-:»;io~..;!:!IBIf~-'.;1.!'£.:-;t."~:,, ".'.::' e' -, :' .·"J:""·l&~V-;<L!<'~;;. .;'.': >:~ -, :""1~;" "'~.':"ltl"tYI~A:Ir"':I;I:~'.o:.' ,_:'I~ :.'.·:;"·'.:~.r~~~~iorI.__,;J.~~"'-'7'-'Û::·.'-" " ·"';';'>··:~··"'~:'''i.''''¡<'"'t~,...~......·F''''"''''' "f:, ""':'~"~"""""~.'''''~:!:>'i!; 031'.6Z0S 000048 o B. FUNDS FOR TAXES AND iNSURANCE Uniform Covenant 3 of the Security Instrument is waived by Lender. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Payment Rider. ïi~ '~Ë~"''':ii¿~r~S;:~ ~aiST¡~S~~¿~r~S;:~J Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 (page 2 of 2 pages) ~ . .'. \;¡ '~t) '. r:'~ " '" .....