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Home My WebLink About916969 60120 " ~1 C00383 After recording please return to: IndyMac Bank, F.S.B. c/o Docürœnt Management (Company Name) (Name of Natural Person) 901 E. 104th Street Building B Suite 400/500 (Street Address) RECEIVED 3/28/2006 at 10:11 AM RECEIVING # 916969 BOOK: 615 PAGE: 383 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Kansas City, MO 64131 (City, State Zip Code) -_. - -. --...-- --- (Space Above This Line For Recording Data) MORTGAGE ~1N 100055401229538899 DEFINITIONS Words used in multiple sections of tlus document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. March 16, 2006 C[ (B) "Borrower" is Gary Herrod and Ann Herrod, husband and wife . Borrower is the mortga~or under this Security Instrument. I~ (C) "~ERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nonunee for Lender and Lender's successors and assigns. ~ERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Len del'" is IndyMac Bank, F. S. B., a federally chartered savings bank Lenderisa Federal United states of America Pasadena, CA 91101 Loan No: 122953889 Wyoming Mortgage-Single Family-Fannie MaeIFreddle Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 1 of 14 www.comPliancesource.comIIlIDIWI.IIIIII~III~ Savings Bank organized and existing under the laws of . Lender's address is 155 North Lake Avenue, MERS Modified Form 3051 01/01 14JOIWY OBIOO 02000, The Compliance Source, Inc. ;··í:~ìT'.,:~:iNi:;; li*r~~m: 00384 091.6969 (E) "Note" means the promissory note signed by Borrower and dated March 16, 2006 The Note states that Borrower owes Lender two hundred thirty four thousand and NO/100ths Dollars (U.S. $ 234,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2036 (F) "Propeliy" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and aU sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following lliders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon llider D 1-4 Family Rider Q Other(s) [specify] Fixed/Adjustable Rate LlBOR Rider D Condominium Rider D Planned Unit Development Rider D Revocable Trust llider D Second Home llider D Biweekly Payment llider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominiwn association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "~isceUaneous Proceeds" means any compensation, settlement, award of daLpages, or proceeds paid by any third party (other tllan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, tlle value and/or condition of the Property. (N) "~ortgage 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) any amounts under Section 3 of this Security Instrument. Loan No: 122953889 Wyoming MOI-tgage-Single Family-Fluuúe MaelFreddle Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INc.- Page 2 of 14 www.compUancesourcecom IIIM~~ ~II ~IIIIIIII~I ~mlll~ mill III MERS ModUied Fonn 3051 01101 14J01WY 08/00 02000, The Compliance Source. Inc, ~~lli'I¡~'aj:::::! '::~:::~~:Th;:;:~ :]mii~f~!~~m¡¡; ~~~~tf\mm;~m~1i~ (.·00385 0916969 (P) "RESPA" means the 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 they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in tlús Security Instmment, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "Successor in Interest of Borrower" means any party tllat has taken title to the Property, whether or not tllat party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under tlùs Security Instrument and tile Note. For tlùs purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns ofMERS, with power of sale, tile following described property located in the County of Lincoln (Type of Recording Jurisdiction) (Name of Recording Jurisdiction) See Exhibit "A" attached hereto and made a part hereof. A.P.N.# 34192440028700 which currently has tile address of Thayne , Wyoming 556 Kodiak Circle {Stre et} 83127 ("Property Address';): [Zip Code) (City) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements fUld additions shall also be covered by this Security Instrument. All of the foregoing is referred to in tIús Security Instrument as tile "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in tIús Security Instrument, but, if necessary to comply witlllaw 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 limited to, tile 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 tlle Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to tl1e Property against all claims and demands, subject to any encumbrances of record. Loan No: 122953889 Wyoming Mortgage-Single Family-FaJUrle MaelFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 3 of 14 www,compüancesource,eom mlll ~~ ~111!m II~ ~I~~III~~~ U I mUD MERS Modified Fonll 3051 01101 UJOIWY 08/00 02000, The Compliance Source, Inc. " , . (.00386 0916969 TIllS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, 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 Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument 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 due under the Note and tIús Security Instrument be made in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. 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 may return any payment or partial payment if the payment or partial payments are insufficient to bring tIle Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, witIlout waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return tIlem to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otheIWise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under tIle Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in wlúch it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent 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 ex1ent that any excess exists after tIle payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to·any prepayment charges and tIlen 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 date, or change the amount, of the Periodic Payments. 3. Funds fOI' Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, wltil tIle Note is paid in fuIl, 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 encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender Imder Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the ternl of the Loan. Lender may require that Conununity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, Loan No: 122953889 W)'onrlng Mortgage-Single Family-Farnúe MaelFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 4 of 14 www,eomplianeesource.eom mmm~II~~~~IIUIII~llllmIU MERS Modified FornI 3051 01/01 14301WY 08/00 02000, The Compliance Source, Ine, ~~~liili~j ;::;::'¡*I::::*¡:¡:;: :~:~~i:::~~~::~: ::::J ;~; 1~ t!;~j~~;îm~i;m;~!¡l I 00387 0916969 ~U1d such dues, fees and assessments 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 such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security 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 such amount and Borrower shall tl1en be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at tl1e time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender sha11 not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying tl1e 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 in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for th~ excess funds in accordance with RESPA. If tl1ere is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Ftmds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, chargeß,fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is 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 are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which Loan No: 122953889 Wyoming Mortgage-Single Famity-Famúe MaelFreddle Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 5 of 14 www.compliancesource.comllll~ II~ ~~ I~ WI D !I~I U W IIII ~~ MERS Modifted Fonn 3051 01/01 14301WY 08100 02000, The Compliance Source. Inc. 00388 09'1.6969 that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Propeliy 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," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. TIlis insurance shall 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. TIle insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Börrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detennination, certification and tracking services; or (b) a one-time charge for flood zone detem1Ïnation and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such detennination 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 detennination resulting from an objection by Borrower. If Borrower fails to maintain any of the Coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. TIlerefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instmment. 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 insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destmction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurpnce proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an 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 eamings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instnunent, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond witlún 30 days to a notice from Lender that the insurance carrier has Loan No: 122953889 Wyoming MOJ1gage-Single Family-FaJUúe Mae1Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, lNc.- Page 6 of 14 www.comPliancesource.comllll~ Imlm ~Im~ ~ I ~I~ I ~IIIIUlli læl MERS Modified Form 3051 01101 1430lWY 08100 C2000, The Compliance Source. Inc. :*:**::-r.::I:::;~ '¡:·:'l·~;:·:iil:'~ ~~"~:¡::iii;i!tì~ ! Ir··+·ii~,··,·I·I'··1 " ::f~~j:!~t;~Jil¡{;{¿}:J' ~ ': ~j::~:::~~~:::::: ¡:: ,; :;:::;:;:;:!:!:;:;:;¡ ~~ 00389 091.6969 offered to settle a claim, tllen Lender may negotiate and settle the claim. The 30-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 the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument. whether or not then due. 6. Occul>ancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably witlùleld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, ~aintenance 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 shall maintain 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 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of 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. 8. Borrower'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 Borrower'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 are not limited to, representations conceITÚng Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in tlus Security Instrument, (b) there is a legal proceeding tlmt might significantly affect Lender's interest in tile Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower Ims abandoned the Property, tllen Lender may do and pay for whatever is reasonable or app~o()priate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over tlus 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 Instrument, including its secured position in a bankruptcy proceeding. Securing tlle Property includes, but is not linuted to, entering tile Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. AltIl0Ugh Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Loan No: 122953889 W)'oming Mortgage-Single Family-FaJUue MaeIFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 7 of14 www.compliance.ource.comll~lm ~II ~II ~IIII~II ~~ III~ II~ Ii II~ II~ W~ MERS Modified Form 3051 01/01 14JOIWY 08100 02000. The Compliance Source. Inc. 00390 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, upon notice from Lender to Borrower requesting payment. If tlus 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. ~ortgage 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 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 in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in 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 when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is lÙtimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender 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 maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tennination or until tennination 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 L~nder (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or 11ught be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides',that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for ~ortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe fo.· ~0l1gage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the ~ortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive ceJ1ain disclosures, to request and obtain cancellation of the ~ortgage Insurance, to have the ~0l1gage 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. Loan No: 122953889 WyomIng Mortgage-Single Family-FalUùe Mae/Fl"eddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 8 of 14 www.compliancesource.comlll~ ~II ~IIIIII ~I~ 11111 ~II ~~~~I ~i W mlml MERS Modified Form 3051 01101 UJ01WY 08100 02000, The Compliance Source, Inc. ~::::~:;:~~:::~;:::1 .,II:i..~.t.·l,·.'.I"j !i:.,~~I~~:'~' :1~~~~~mi~¡r~ (" 00391 0916969 11. Assignment of ~iscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptIy. Lender may pay for tIle repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, tIle Miscellaneous Proceeds shall be applied to the sums secured by tI1Ís Security Instrument. whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In tIle event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not tIlen due, with the excess, if any, paid to Borrower. In tIle event of a partial taking, destruction, or loss in value of the Property in which the fair market value of tIle Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by tIns Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise· agree in writing, the sums secured by tbis Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of tIle sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of tIle Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value; unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not tIle sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender witlnn 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the tInrd party that owes Borrower Miscellaneous Proceeds or tIle party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun tI1at. in Lender's judgment. could result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred. reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment. precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under tIns Security Instrument. The proceeds of any award or claim for damages that are attributable to tIle impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrowelo Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modilicalion of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Loan No: 122953889 Wyoming Mortgage-Single Family-Faruue Mae/Freddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 9 of 14 www.eomplianccsowce.coml~~m ~~ I~ I 001 ~ ~I~~~ ~IIII~ ~~~I MERS Modilled Fonn 3051 01101 14JOIWY 08/00 02000, The Compliance Source. Ine, (00392 0916969 Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of 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 in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenus of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tenus 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 tins Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under tins Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonued in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express autllOrity in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prolnbition 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 fmally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, tllen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded penuitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to 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 connection with tins Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless ',Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection Witll this Security Instrument shall not be deemed to have been given to 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 Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained Loan No: 122953889 Wyoming Mortgage-Single Family-Fallllie MaeIF1-eddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 10 of 14 www.compliancesource,cooi m~lm~11 OO~ ~II M~IIII ~III~ ~~ ~~II MERS Modified Fonn 3051 01/01 H301WY 08/00 02000, The Compliance Source, Inc. '.1.'.. ¡·'i·'·j'i';,,- ,'.' ~'.I~II,JI...~\~~! ~lilltiliH~~~:\;Ø f:::~~~::;::::~::: ::;f¡ 1....,°.'..,.,.11....", ~~!1ili:.:!21!:~~~ JI~¡!m*~r COO~193 091.6969 in this Security Instrument are subject to any requirements and liuùtations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it uùght be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of tills Security Instrument. 18. Transfer of the PropeJ1y or a Beneficial Interest in Borrower. As used in tills Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any 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 full of all sums secured by this Security Instrument. However, tl1is option shall not be exercised by Lender if such exercise is prol1ibited by Applicable Law. If Lender exercises tl1is option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 witllin which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. BOrt"ower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have tlle 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 tills Security Instrument; (b) such other period as Applicable Law uùght specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing tl1is Security Instrument Those conditions are that Borrower: (a) pays Lender all sums which tllen would be due under tills Security Instrument and tlle 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 Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure tllat Lender's interest in the Property and rights under tl1is Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue lIDchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reins1atement 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 tlle case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer¡ Notice of Grievance. The Note or a partial interest in tlle Note (together with this Security Instrument) can be sold one 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 performs other mortgage loan servicing obligations under tlle Note, tl1is Security Instrument, and Applicable Law. TIlere 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 given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter tlle Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing Loan No: 122953889 WyomIng Mortgage-Single Family-Fal1Júe MllelF.·eddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 11 of 14 www.oompliancesourcecom mlllll~ ~III!III ~I~ ~ ~~~I[~lllllIlIlil MERS Modified Fonn 3051 01101 14J01WY 08/00 02000, The Compliance Source, Inc. (00394 0916969 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 UIÙess otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which. due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to thc presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally 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 investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving 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 condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory autllOrity, or any private party, that any removal or other remediation of any Hazardous Substance affecting tlle Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides othenvise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Propeliy. The notice shall fUliher inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its Loan No: 122953889 Wyoming Mot1gage-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE. INC.- Page 12 of 14 www.comPtiancesource.coml~ll~ II~ ~III ~~IIII~ ~III~~I~III~~ 1m ~~ I~~I MERS Modified FOIm 3051 01/01 I4JOIWY 08/00 02000, The Compliance Source. Inc. ll'¡N¡~~~¡~j~::,~I' 't' ¡J:f;j%. ·~iv.·!H~~\þ;,¡,~ "~~l£m~\tt'Iff~' ~l~l~i~~~~ }~~~::::::;:::: !:~~~:~:t~:;:::!'::' ;~f~;j~illl~~;~iff~; (00395 0916969 option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender involœs the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shalllmblish the notice of sale, and the Propel1y shall be sold in the manner prescribed by Applicable Law. Lender or its designee may lmrchase 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 Instnm1ent, but oruy if the fee is paid to a third party for services rendered and the charging of the fee is pennitted 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 tenus and covenants contained in tIús Security Instrument and in any Rider executed by Borrower and recorded with it. Printed Name: ~...~' C"",":' . S"^-~~- ~\) . ~ Printed Namc:~ Ç.,~,\~\\ Ù \ .~, (plea Complete) (Seal) Witnesses: ~~~~~~ i*" -' C ..~\ -Borrower ,khvn , l~L1)<lr (Seal) -Borrower Ann Herrcxi (Seal) -Borrower (Seal) -Borrower (Acknowledgment on Following Page) Loan No: 122953889 Wyonúng Mortgage-Single Family-FolUÚe MaeIFreddle Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Po¡:e 13 of 14 wwwcomptiancesourcecom IIIII1 ~II ~III ~m 11111 ~IIIIII~IIIIIIII~ II~III MERS Modified FornI 3051 01101 14JOIWY DB/DO 02000, The Compliance Source. Inc. ,:1" r no I' 96 u :,) 091.6969 . S"'teof~~ County of ~.\ ~ ~ D L t\) § § § Before me the undersigned authority, on this day personally appeared Herrod Gary Herrod and Ann lU\Ð'IIl1 t8 IRQ (ar proved to me through an identity card or other document) lo be the person(s) whose nan1e is subscribed to the foregoing instrument, and acknowledged to me that-àefshe/they executed the same for the pmposes and consideration therein expressed. Given under my hand and seal on t1ùs '\ ß '\" day of ~ ~ \\. ~ \\ ~ DOlo (Seal) Notary Public My Commission Expire . Loan No: 122953889 Wyollúllg Mortgage-Single Family-FalllÚe MaelFreddie Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 14 of14 www,compliancesourcecom 11100 ~II ~II ~IIIII~ ~III ~~ ~~I ~~I U ~~ I11I ~~I MERS Modified Form 3051 01101 UJ01WY 08/00 02000, The Compliance Source, Inc. ~Jmlllim~j~i; ¡,"",T~r,m"'"i' ¡··!"I,.¡,J'I¡I,!iì'hJi W\ ~!;:; J¡:!Î!~!¡I!j; jfd~ ::m:':I:':~:':'~': .·.·.·o'.·.·!!!',·,..'! I::::::;::~,~:::;::::: t)(\.1·97 . : ",) .' o' ..... \J . 091.6969 FIXED/ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) MIN: 100055401229538899 THis FIXED/ADmSTABLE RATE RIDER is made this 16th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to IndyMac Bank, F .S.B., a federally chartered savings bank (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 556 Kodiak Circle, Thayne, WY 83127 [Property Address] THIS NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 9 . 250 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest.rate on the first day of April 2008, and the adjustable interest rate I will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change is called a "Change Date." Loan No: 122953889 MULTISTATE FIXED/ADJUSTABLERATE RIDER(LlBORlndllx) - Single Family Page 1 of 4 8480254 (0104) VMP MORTGAGE FORMS - (800)521-7291 Form 4008 4/01 1111111111111111111111111111111111111111111111111111111111111111111111 " , 00:::98 091.69f.19 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business· day of the month immediately preceding the month in which the Change Date occurs is called the "Cunent Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding five and NO/lOOOths percentage points ( 5.000 %) to the Cunent Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then detennine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12.250 % or less than 6.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1. 000 percentage point(s) ( 1. 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 15 . 250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. Loan No: 122953889 8480254 (0104) Page 2 of 4 Form 4008 4/01 1111111111111111111111111111111111111111111111111111111111111111111111 E~~::r~1'::~m;;;;:;!~ ~~~;1: ~~:~~~'!i!~~~I' : .,.""i~·;i¡'i!¡1i1·~",,$..- ' .:.t.;:J..·..".l;,.~·._... ;~;,;.r:::::~:~\J.:!: ~::r.~~;~~~¡:~ ~;J-i'iJ~~~~~~~ nr.~:99 0916969 B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any 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 full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days ITom the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to 'pay these sums prior to the expiration of this period, Lender may invoke any remedies permItted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B 1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any 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 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. : To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days ITom the date the notice is given in accordance with Section 15 within which Borrower must pay all 8480254 (Di04) Page 3 of 4 Form 4008 4/01 Loan No: 122953889 111111111111111111111111111111111111111111111111111111111I1I1111111111 091.6969 00400 sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borro er accepts and agrees to the tenns and covenants contained in this FixedlAdju table Rate Rider. Loan No: 122953889 8480254 (0104) (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ~ (~))1JQj Ann Herród (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 4 of 4 Form 4008 4/01 1111111111111111111111111111111111111111111111111111111111111111111111 ::::~::;~:~:~:::~;: It ~~~~~;~ · :¡~m;~~¡m¡¡;¡;;~~;~ :~" 0 r 401 0916969 . ADDENDUM TO FIXED/ADJUSTABLE RATE RIDER Loan #: 122953889 THIS ADDENDUM to the Fixed/Adjustable Rate Rider is made this 16th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") and Fixed/Adjustable Rate Rider of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to IndyMac Bank, F .S.B., a federally chartered savings bank (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 556 Kodiak Circle, Thayne, WY 83127 [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: 1. Section 4(D) of the Fixed/AdjustableRate Rideris modified as follows: The interest rate I am required to pay at the first Change Date will not be greater than 12 .250 % or less than 6.250 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than one and NO/1000ths percentage point(s) ( . 1. 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 15.250 % or less than 5. 000 %. IndyMac Bank ARM Addendum to Fixed/Adjustable Rate Rider Multistate 8480345 (0602) 11111111111111111111111111111111111111111111111111111111111II111111111 Page 1 of 2 1075 VMP Mortgage Solutions, Inc. 2/06 · rr4r>2 0916969 2. All other provisions of the Fixed/Adjustable Rate Rider are unchanged by this Addendum and remain in full force and effect. ~ (Y'"\. l~..ü Q.( (Seal) Ann Herrcxi -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 8480345 (0602) I111I1III1I1 11111111111111111111 11111111111111111111111111111 11111 111I 1075 Page 2 of 2 2/06 ~.;,~~,;j:I'-: ':<:~hi~ '1",'I"j,>.I",.11 ¡,;::~~:'~~;\L'j ·.··I·.·.I·'·.'..'.·) ~~;~l~ 091..6969 EXHIBIT IIAII 000403 Lot 11 of Bear Hollow Twin Homes Subdivision, Lincoln County, Wyoming, according to that plat filed June 20, 2000 in the Office of the Lincoln County Clerk Instrument No. 866535 and Plat No. 393