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Home My WebLink About917564 60227 (04) '1 '".' ":.:..,' :';.: ~ I ,~:::~ ,":: "--.' 6 Coû209 After Recording Return To: VED 4/18/2006 at 10:37 AM RECE\ 4 RECEIVING # 91756 BOOK: 617 PAGE: 209 JEANNE WAGNER wY RK KEMMERER. LINCOLN COUNTY CLE , -:>Cpp GMAC Mortgage Corp, 100 Witmer Road Harsham, PA 19044-0963 ATTN: Records Management [Space Above This Line For Recording Data] Loan No, 592573505 MIN 1000375-0592573505-5 MORTGAGE DEFINITIONS Words used in multiple sections of this 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 April 17, 2006 ,together with all Riders to this document. (B) "Borrower" is Steve Miller and Terra Miller, husband and wife Borrower is the mortgagor under tIus Security Instrument. (C) "MERS" is Mortgage Electrornc Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nOIlÙnee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is orgarnzed and existing under the laws of Delaware, and has an address and telephone number ofP.O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. VI'YOMING -- Single Family -- FII11I1ie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 ,. ~ 1'b.-I. ^ (Pagel of 18) 343635083 IlUhals: ~ 11\11' 346 GMACM - CMS,Ò042.WY (0001) ~;;~;:~~',::~;:l",~~i;':,:;-,:;, :~~;:·'::';·\~:~J:;r.!~I;r}'~&2i92i!'i..~~!i.r.~Ji.!::1'l~;.¡qfi!r,~.áfa,~~:.~::'Ù:!~~Æ:!5!è:~;".' ;,-:·:·h',';-';·:·;¡~·:~~~;!i2;~~·~n.;~ ,'.;;., ....~.,'.:_:'. ':-·-':';·'Y~~~;1.::.;1lf..'S.:~::'!j'-U':l-'!1~tmt1::1l:!~~':r;f~::~i:¿~:-,,~":'7';'::t~-~~.:.¡ 0917564 C00210 (D) "Lender" is GMAC Mortgage Corporation Lender is a CorporCition laws of Pennsylvania 100 Witmer Road, P,Q. Box 963, Horsham, PA organized and existing under the , Lender's address is 19044 (E) "Note" means the promissory note signed by Borrower and dated April 17. 2006 . The Note states that Borrower owes Lender Two Hundred Thirty Five Thousand Six Hundred and 00/100 Dollars (U ,S, $ 235,600,00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May I, 2036 (F) "Property" 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 all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D D D Adjustable Rate Rider Balloon Rider Other(s) [specify] D Condominium Rider D D Biweekly Payment Rider D D Plalliled Unit Development Rider Second Home Rider 1-4 Falnily Rider (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 condonúnium 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 Í1útiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term 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) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages . described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condenUlation or other taking of all or any part of the Property; (iii) conveyance in lieu of condenmation; or (iv) núsrepresentations of, or olnissions as to, the value and/or condition of the Property, VVYOMING -- Single Family -- Famie Mae/Freddie Mac UNIFORM INSTRUMENT FOI'm 3051 1/01 .........-::. , "Ti\ AAA GMACM - CMS,0042,WY (0001) (Page 2 of 18) Initials: ~ '\ 'l'î'V Y\ tl~I~~~ii~ ~;~tf;iflli;¡1j,;~*r~ :*:m1!::~::::::::: :%t;~:;:;::::~:~;::J¡ .. '. ~I~: (!~i:¡~.~.~;~;;' ~.: !:~:,I:n ::::";, ;.;. ;.:';(; ~¡~t ';'!,:J~~'; "'\:'! ;i~::: '.; :,'S:;:( ;'; ,:",'; :~;;.~; <;'; L.TI:!~;;;~'\:!: :~';': '. . . . . .'. '_;'~'(~~;':"_:(i"~t~~!j:';~~:¿ . , . .,~ . ,., . '.::·~~~l!!~~r:~H.·t:illi';';[ŒttiÍ~..&l,fE'!il&'~~¡!~'~:·::;: 091.7564 ~~::;_\~if!iliI;m~~~t~l :.' ~¡;~~.!.:¡~;':<Ì;:~)¡;;'; 'i~ .~.:~: .;--:...., ~i~,:¡.>~~-:~;;.!ò;.;¡;' .-. C00211 (N) "Mortgage 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. (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 this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For tlùs purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nonùnee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County [TYIJe of Recording Jurisdictionl of Lincoln [Name of Recording Juris¡üction SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF, which currently has the address of 353 Riverview Drive, /Street] Al pine , Wyoming 83128 ("Property Address "): {City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by tl1Îs Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds oilly legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply Witll law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell tlle Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. VI'YOMING -- Single Family -- Fannie MaelFreddic Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS,0042,WY (0001) (Page 3 of 18) hútials: ~~ -' , . . . . : - . ': ~~:':':¡:.mj~';·:!:U_I:£;;_.~i:;;~:'i:~;,;;..~!tr:"'=.c'·' ::":1.~~·;..·..4.iU.31.;¡_::..~.ii.;I~·.:~:¡·:i'~;~~rt.{fr.::'~'2£l- -. " ,. ":::-... .:j..j....~ ';. 1:1'.' .~;·I~b!dt~~~:J~4~1..~; ,';' ,~..:':. . ,'., " ·.':·:':<~~""-Q:!fI!Illi:.'!:wztl~.:t"JI:·;<;.\,c;-¡r,; '~:' _ . .!'7··', ''''·~·:;'':i!:131,''t!~J.[!!¡..:;.:;,,-:'t:~I~~;~ '~;;;t?":~:~¡~:i1.;;:~l:i~ og17564 C00212 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonll covenants for national use and non-unifornl covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, 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 D,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 this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, 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 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 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 them 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 tins Security Instrument or perfonrung tile covenants and agreements secured by tIÚs Security Instrument. 2. Application of Payments or Proceeds. Except as otIlerwise described in tins Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under tile Note; (b) principal due under tile Note; (c) amounts due under Section 3, Such payments shall be applied to each PeIiodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any otIler amounts due under tI1is Security Instrument, and then to reduce tile principal balance of the Note. LOAN NO: 592573505 WY OMING -- Single Family -- FlUuúe MaeiFreddie Mac UNIFORM INSTRUMENT Form 3051 1/01 ~ GMACM - CMS,0042,WY (0001) (Page 4 of 18) l1útials: =z.U ~ ,.~::;:~::t:~::¡:~: lil._,'....¡~~~~ ¡:*i:n*~~t:4~~;~ .,~;~lilil~;~;~~t::;' ;;m~~m~*!;;~;i¡;r ::.:.:~,~.'.;:;::.,_:-,,'}~:"(. ',''''! -':':._:.~,,:__·¿~!tY'i.~~·.~H~~~m~.t~!I'.;;·a:~~ili!'oiì:~:~~'~~':;'·::,,-:::t;,I,;:··..·~(, >: ,X:.:~·:"i·~~->:.-:~~.~ . . ..... ,·,·...:,'J.·,·;·.·.~.~.!.~~I·I~~.:;:~·-;.j~....,:. _ -' :':-;':'.':;":::"~t!'j¡I<~';'""';f"'7N!J~~.' /.-;c.:..ì~'~¡~:;":t':;~Ùl;;>S1ß¡t" :r~.:-;.j~~:;~~,: :::::,.:-:;,-Ut"';:.;:¿S¡,..~" 091756,* C0021.3 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the . delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on the day PeriodiL: Payments 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 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 under Section 5; and (d) Mortgage Insurance prenúums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prenúums in accordance with the provisions of Section 10, These items are called "Escrow Items," At origination or at any time during the term of the Loan, Lender may require that Conullmúty Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and 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 funúsh 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 tlle phrase "covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, tllat are then required under this Section 3, Lender may, at any time, collect and hold Funds in an amoullt (a) sufficient to pernút Lender to apply the Funds at the time specitied 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 in accordance with Applicable Law, LOAN NO: 592573505 VI'YOMING -- Single Family -- Famie MaeIFreddie Mac UNIFORM INSTRUMENT FOI'm 3051 1/01 ~ GMACM - CMS,0042,WY (0001) (Page 5 of 18) Ilùtials: , ~ ,. '....:' <. ·.:,:.!;¡~:::~J.!¡!ð~I~;::'!~~i~:!:!·:.a~C'::!¡,:: ',',:": :;;·r·_·::.;::j:~;:.t~·;,;::,-.:..:;~~.:·;:;· <,-,..,,; ; ",!, 'j:;,~i~;;,-::W"""1¡: ... , "', ':;~i ~;;; "~ ;~::;~¿~~.i!/...i.~~i~'i~i'.!¡!... :;:!:;'7~.WTtT~i!:~~.ir:~\~i.Jli:~,-~;" . ~ ~I ~.: ~~.:~J~ ,~,;, ~ ';;:';. . '.' ',',' ;(~. ;., 'J'. :;~:.:~e.~¡:~;:~ :. :';-: 091756£1 C00214 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 Banle. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the Funds, alIDually analyzing the escrow account, or verifying the Escrow Items, Ulùess 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 RESPA, If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deticiency in accordance with RESPA, but in no more than 12 monthly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, 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 mal111er provided in Section 3, Borrower shall promptly discharge any lien which has priority over this Security Instrument Ulùess Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mal111er acceptable to Lender, but OlÙy so long as Borrower is perfoffillng 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 detennines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Within 10 days of the date on which that notice is given, Borrower shall satisfy tlle 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 cOl111ection with this Loan, 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on tlle Property insured against loss by fire, hazards included within the teon "extended coverage," and any other hazards including, but not lilnited to, earthquakes and floods, for which Lender requires insurance. TIlls insurance shall be maintained in the amounts 'VYOMING -- Single Pamily -- Pam.e MaeIPreddie Mac UNIPORM INSTRUMENT FOI'm 3051 1/01 ~ GMACM - CMS.0042,WY (0001) (Page 6 of 18) Initials: Wl ~ ~j:::::~:::~11::t:~::: I~;¿;¿;:;:r:;:~~ø !jf¡f¡~~~~~m~¡f~~ ." ...:, - '~i~~t:.·.·':;~:;:;¡t~¡::':'~· :';':';::",.":1' _~:)·:'::':':.:.:i1:t~C;!í.i.k:.::.~~; ~:"'..;;.: .:-'::::~. ::~1:~ -_~,!:::-.!ï:2ic·!., '. :. ~.,:~;,::.·:·¡,,'¡~ëi!l.i~i'j!i~~í·I·.':.. ..' :',r;"' .;. ,~~fJ~:E!U:it:!!':::"~:i~~~;';,;.''-i~';º;i!,~::''~~:J.:,:.:: : . ~;; ; ¡. ;";~';i!~ i~I:~~~i.~.~I:;;,;:. s:: ¡:; !!: .' "..', .'!::'~i:'~~~!-:"1':· ";, ; :":;' 091.756(\ í' ~nOj'¡15 -' \.., . r:,..._ (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably, Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination 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, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might siglúficantly 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 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 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 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 tlle 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 otllerwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of tlle 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 tlle right to hold such insurance proceeds until Lender has had an opportUlúty 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, Ulùess an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, LOAN NO: 592573505 WYOMING u Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS,0042,WY (0001) (Page 7 of 18) Initials: 40 ~ ¡ :¡~¡~;:i:~~i:;1.'~I:~~:i1!:;~~!;i:!';~~;!~f,t;:;t;~~!'¡~IV}:i~~~;0':":,::,''!~~F.':::' ~:' ;;,' ":~-';': {i,',::rl/.'.; ',. :' '.:.:,: !.·i~.~i:;~~í~¡!Ø~!¡:·~'c «-_,_. ¡} ::~:lili:~~_li!~lli~::j~~~i;';it_ ", ·':':'~~>i:t;:"·:~;~,:~:·2.."-G~'!i:;;' '~-:. :"'I:;~'f.~.y¡i':~~~~~¡~;:;' ; . ,-, 091.756~ 000216 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 Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2, If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, tllen Lender may negotiate and settle tlle claim, The 30-day period will begin when the notice is given, In either event, or if Lender acquires tlle Property under Section 22 or otllerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed tlle amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (otller tllan the right to any refund of unearned premimns paid by Borrower) nnder all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds eitller to repair or restore tlle Property or to pay amounts unpaid under tlle Note or this Security Instrument, whetller or not then due. 6. Occupancy. Borrower shall occupy, establish, and use tlle Property as Borrower's principal residence witlún 60 days after tlle execution of tlús Securìty 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 witllheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair tlle Property, allow tlle Property to deteriorate or commit waste on the Property, Whetller or not Borrower is residing in the Property, Borrower shall maintain tlle Property in order to prevent tlle Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 tllat repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage, If insurance or condenmation proceeds are paid in COlUlection with damage to, or tlle taking of, tlle Property, Borrower shall be responsible for repairing or restoring tlle 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 tlle insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's öbligation for tlle completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of tlle 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 tlle 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 \VYOMING -- Single Family -- Famue Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 ~ GMACM - CMS,0042. \VY (0001) (Page 8 of 18) Initials: 1¥\1V\ 'Ø'~~::::::::~~t::;~ j ':'~:i:.:':I,.:.:~:~ N·~':.·,·:'·· ~~:::m:~:::~ ~~~r:~:!:~;~:~;~ ::,:; "'-" ·~'.':!i1e:"l!N~1'~·r~~':~i~~í6¡;;¡, ':'(:~-:~{;...~~~l;"IDí~Eij:~"f&.::;~r.'!f-"}''':;:;~:' 'i;¿-;,~~~i;J~"t.~~::.". ~ . ·:'J_:r£~:!&"~;.:6f<!'''jH~~"'~~¡';'''-£~iii£.i¡\~~~':¡:::j~<.?iJ-2.' " ",~.¡.~ >. t:_':~¡-!i'1 ~~i..'iSS~~::~1!j;jl~ '~:j ,'~:;,~: /~.::~,1~ ~; :i!;~~:;~~~: ~:~; i,::-;" _?r~~'::~!:~:1 :!Ò~~~~jt;~::¡~. 091.756L1 C002l7 cOl11lection with the Loan, Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfonn 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 Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over tI1Ïs Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned tile Property, tIlen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in tile Property and rights under tI1is Security Instrument, including protecting and/or assessing the value of tile 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 in court; and (c) paying reasonable attorneys' fees to protect its interest in tile Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing tile Property includes, but is not limited to, entering tile Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elÏn1Ïnate building or otIler code violations or dangerous conditions, and have utilities turned on or off, Although Lender may take action under tI1is 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 autIl0rized under this Section 9, Any amounts disbursed by Lender under tI1Ís Section 9 shall become additional debt of Borrower secured by tI1is Security Instrument. These amounts shall bear interest at tile Note rate from the date of disbursement and shall be payable, witll such interest, upon notice from Lender to Borrower requesting payment. If tI1Ís Security Instrument is on a leasehold, Borrower shall comply with all the provisions of tile lease, If Borrower acquires fee title to tile Property, the leasehold and tile fee title shall not merge unless Lender agrees to tile 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 in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from tile mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward tile pren1Íums for Mortgage Insurance, Borrower shall pay tlle premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to tile 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 tile amount of tile separately designated payments tIlat were due when tile insurance coverage ceased to be in effect. Lender will accept, use and retain tIlese payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding tile fact tIlat tile Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the LOAN NO: 592573505 'WYOMING .. Single Family.. FalUúe Mae/Freddie Mac UNIFORM INSfRUMENT FOI'm 3051 1/01 GMACM - CMS.0042.'WY (0001) (Page 9 of 18) InitialS:~ ~\'\ i" : :"'!:~'¡!i!j';~!:;:" :_~,!;!:!·I<!T":···;· _ '::\."~:~':-. , .;~:i.:f:~: , :'~'~~:I::!:·;·~i.·;·· ..;:; '.. -'<- \~?:::!~t'M:"~!',;~:;~. :ti'i!£et'.;.·;~(~¡¡¡ 1::"'':':'' .. . " '0 ·¡!!.\~:::¡I~!t~í¡!! ;'j-:;!itt~,.~~!:,:'C " ::: ,,~':. :!:...~::: ;;;¡i';.¡. i 9..' ;~;~ " .~-:' . 0917564 000218 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 the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note, Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if 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 tllat derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, If such agreement provides that an affiliate of Lender takes a share of tlle insurer's risk in exchange for a share of the prel1úums paid to the insurer, the arrangement is often termed "captive reinsurance," Furtller: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation 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 Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. 'VYOMING -- Single Family -. Famúe MaeIFreddie Mac UNIFORM INSTRUMENT Form 3051 1/01 9vt ~. GMACM - CMS,0042.WY (0001) (Page 10 of 18) Ilútials: 'I \1\ ~::':::::~:::::::~::::: !~~;1;~~~!:;:!:D :~j~;¡~~~ ~ :i;~~~it~~~jÊ ~:::~: ::::;¡~;:;t¿~;;;~::;: -'.': ;;':.;~j.:.;.;.;I;;;t;r,~~';;'~'~~':'~:;""~',.J:~'j~:!;,.1..h.:..:..c~:":!';~,~-:'~,,;~ ::-. :'. -;-~'_~ ',: ~ ;. e.i-:!tt'· ...' '.';';~:';!;'¡';~j2¡!'~¡:"> . - ··;:;:;,~·.12Il:t~~::"'~!:~:~f'~1I&::u.~;"~'ð!::;:2.:· . - :;·':¡:,:'·\~i~::~q<¡~>t,>:·,!· >~:-:l:;,'_ ,'- õ':j~'~:¡~:Ï1;~:.Y,:, _ . 0917564 COO·"19 r. ." 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 the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, witI1 tI1e excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided fôr in Section 2, In the event of a total taking, destruction, or loss in value of tI1e Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In tI1e event of a partial taking, destruction, or loss in value of the Property in which tI1e fair market value of the Prop¡::rty immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by tIllS Security Instrument immediately before the partial taking, destruction, or loss in value, mùess Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured inunediately 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 the Property immediately before tI1e partial taking, destruction, or loss in value is less than tI1e amount of the sums secured Ì1muediately 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 tI1e sums are then due, If tI1e 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 within 30 days after the date the notice is given, Lender is autI10rized to collect and apply tI1e Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by tlllS Security Instrument. whetl1er or not then due, "Opposing Party" means tl1e tl1ird party tl1at owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. LOAN NO: 592573505 WYOMING -- Sil\gJe Family -- FRIurie MaeIFreddie Mac UNIFORM INSTRUMENT Form 3051 1/01 -:f¡ GMACM· CMS,0042,WY (0001) (Page 11 of 18) Initials: M '11ilV\ ·~J~::.':'1.7::'.":!..-,~1i?i:r!:'¥.:~.F"~.a2iP:l~'1ffi¥~~~~~~:~":$;;:'f':?~,·~,:";~~~:~~t.¡::~·::::·.:..::_·~::· :':r:&?.J!lli:;;'""i~}"~¡'.t~~i!;~~ð~r..::::i,,:!?~~;'~·Æ:¿·¡;';'~~·:;~~~f.2R!i~t·ä€~'4.::':-~'~·.';~~::'tL~::t~i1.~~~:it2i~~1:::~~;;-.:::';(- .,,~i.:,'.;t;j-i:.;::t;;i.:!~o\": _ '. 0917564 (.00220 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under tillS Security Instrument. The proceeds of any award or claim for damages tIlat are attributable to the impairment of Lender's interest in tile Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds tIlat are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of tile sums secured by tI1is Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release tile liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otIlerwise modify amortization of the sums secured by tI1is Security Instrument by reason of any demand made by tile original Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy including, WitIlOut linlltation, Lender's acceptance of payments from tI1ird persons, entities or Successors in Interest of Borrower or in amounts less tIlan the amount tIlen due, shall not be a waiver of or preclude tile exercise of any right or remedy, 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees tIlat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute tile Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey tile co-signer's interest in the Property under tile terms of tI1Ïs Security Instrument; (b) is not personally obligated to pay tile 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 tile 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 this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under tillS Security Instrument. Borrower shall not be released from Borrower's obligations and liability under tI1is 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 tile successors and assigns of Lender. \VYOMING -- Single Family n Faruùe MaeIFreddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS,0042,WY (0001) (page 12 of 18) Initials: -:7M ~ ¡::::::::~....~¡:;::;¡ ~::~~:1::;J ~ø.':'Ir..<:;) ~;~;~iI' 'ni_r;!I¡i ·it~.:"i!I'!.t;t¡ '.'.. ;¡,H...."_~ji . - ·'·;·;'~:.:t:~~i;i<:i:;, , , ;:.; : ." . ':'-, ~~-;:. "'''',~: ,¡.; .::.'-' <.~'~\.\!<~. , ·,~::¡l¡tiS!li'.~;:.~.:· . r:-:~t~:::·:h~.""':; - t:~:..i:'~ÎH:.:':''!E' ::....;:.:.:.:.:....:... . . ".: ',:::¡:t¡:';'l·~~~f&:".: ~.::: ':;-:-:-._ ;"-:~~-:;;':;:;;';':!~';'l!'.. 0917564 C00221 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law, If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted linút; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower aright have arising out of such overcharge, 15. Notices. All Notices given by Borrower or Lender in cOlmection with this Security Instrument must be in writing. Any notice to Borrower in cOlmection 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. Notit:e to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address umess 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 omy report a change of address through that specitied procedure, There may be omy 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 tirst class mail to Lender's address stated herein umess Lender has designated anotller address by notice to Borrower. Any notice in connection with 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 in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a LOAN NO: 592573505 VlryOMING -- Single Family -- Fannie MaeIFreddie Mac UNIPORM INSTRUMENT Form 3051 1/01 ~ GMACM - CMS,0042,WY (0001) (Page 13 of 18) Ilútials: ' 1&tY\ -;: ~'~,;~~:,:,:.:.:.:.~:lt[~.(.:';·!1:~Kn.1j!i.;:-i:i~~~:tWá'.i~·LYiÞ~;; [;1 : "~,:i:·;,-;~;.,~;.¿~g· -.-:" 'oJ ; ~";::':+:~:":':9~4::¡:': ~·:Yt~~~&~~:l~~~~~'d!¡!~::j!fjJi;.:.<r;':'::'h:t-:::·/- ·::-_~~~:!~"I1i:ì'~j~ì';~; "', : ,,~. '. >. .~<~:.~.;.;¡:!:!:~::~~;<:.:, 0917564 C00222 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 tIùs Security Instrument or tile Note which can be given effect without the conflicting provision. As used in tI1Ìs 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 WitIlOut any obligation to take any action, 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in tile Property" means any legal or beneficial interest in tile Property, including, but not limited to, tIlOse beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, tile 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 tile 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 lnay requite inunediate 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 tI1Ìs option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from tile date tile notice is given in accordance with Section 15 within wl1Ìch Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay tIlese sums prior to the expiration of tI1Ìs period, Lender may invoke any remedies permitted by this SecuIity Instrument without furtIler notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to tile earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in tI1Ìs Security Instrument; (b) such other period as Applicable Law might specify for tile termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing tI1Ìs Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under tI1Ìs Security Instrument and tile 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 tile purpose of protecting Lender's interest in tile Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure tIlat Lender's interest in tile Property and rights under t11Ìs Security Instrument, and Borrower's obligation to pay tile sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following 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 drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. '''YOMING -- Single Family.. FaIUue Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS,0042, WY (0001) (Page 14 oI18) Ilùtillls: ~~,'\ mf:~i:lfo:l:·:1·::,¡~ ~~;¡~ f¡~f:ilif:ill[I~? :':~ :;~~~:!¡m:·m~~i~ìJ~~ ~ ;:'ii .. ::-:,~~~~~'¿~ :,~,~,,·;':t,:t·~~::.i:::-'·~ ~;.;;!: . ; E~ ~,~~~::.:!i-~i'2!;ji:· ~ ; ',;: ::¡~:i"; ':¡~ ~::~, :~:i:~~(+~.W:~·Z;:':,··' ':; ~'I~:' - '::': ': ::',' ~::';~~"llil."!fZG.!mmffi't~;'fill~~ji,"Yi·~';\~::'{·..'~:,~:~ ~·i;ilf~j:lj:1jm;~:-;!;'l.il'~-j1¡l':' ::,:~'?¡:'-::·2:Y}í.~' ¡~:~;!¡~;~;:;f.~~: :~; 0"91. 756L\ COO¡;23 Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer 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 RESPA requires in connection with a notice of transfer of servicing, If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may connnence, 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 whieh 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) "Envirolllnental 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 Envirolllnental Law; and (d) an "Enviromnental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower shall not cause or perJIÚt 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 Envirolllnental Law, (b) which creates an Envirolllnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 592573505 \VYOMING -- Single Famüy -- Fannie Mae/Preddie Mac UNIFORM INSTRUMENT Form 3051 1/01 ~ 3ft1v\ GMACM - CMS,0042,WY (0001) (Page 15 of 18) hùtials: ,'~':~:I~¡~j:i:I:I: ;. _.: ,:~~~,'.., -. ,:~~~.<,...~~:y.: ': (., '-:'-'- :~:-':'". ';';~;I;~;·;~~l¡9';~;:;~;~..·! ....-..... ....... . . . ·~-tt':·!<';~~:t.~:t:·;~1¡£¡'lliI.;:i~J<:-&1~:::~~L:·J.::;';:'..::,' ':': ::,.: ~ : .~¡:: !.'Jð1-:¡:~~¡~j:·:.;"~~¡~'L; ~;::.dJi¡'~'j~.!~!!:.-~~f~;:: ;;:_,;: ... 091756~ r00r'41)4 \.> \ t:, t:. adversely affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recoglúzed to be appropriate to normal residential uses and to maintenance of the Property (including, but not linúted 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 EnvirOlilllental Law of which Borrower has actual knowledge, (b) any EnvirOlilllental Condition, including but not lirrúted 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 govenunental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obligation on Lender for an EnvirOlilllental 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 Property. The notice shall 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 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 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 invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the 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. WYOMING .. Single Family.. Fannie MaeIFreddie Mac UNIFORM INSfRUMENT Form 3051 1/01 GMACM - CMS,0042,WY (0001) (Page 16 of 18) Initials: .o;7£AA ~'V\ ~;~~~:;::;~;'::ii:':m~ ~~m~iliilli~i~m¡id tii'I'~··;hn,~¡::';,o;~~ ~¡f~;~i~~f;riw~ ;N~~~: :I:.:-:'~~~:~:¡~ ~ ~i!~1lfli~~~i~~ "i/:::__,;::..;::.:.;.;','~]";;¡.¡: j;::t;:,' .~i~¡:·x~m·:':r.i1,¡z~~.¡:q~:-'i:~.Jr£¡N~2Eg~!i!fE;~~1:!:·-'¿~~t~1!i~~'" . '~;~~;--;J:-:':":~'~~:~:':":',:':(~:C;:j;J;~'-;'~'.&"'J,~:::''.::i·: ';\':',:~¿j~~~~¡¿~~~:~.,~,~.,,; ~. :.'.::>i!Jni~L'i!lliS!l::.~',~i'J~'; :':;·,::·.:.!:·::.:,{."~~:;:r~¡~~è#~~;,''-f'., 091.7564 C00225 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 perllÙtted under Applicable Law, 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of WyollÙng, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in tillS Security Instrument and in any Rider executed by Borrower and recorded witI1 it. ~~ ~te e lrM!A T~ (Seal) - Borrower ('\1'0/) -Borrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 592573505 Witnesses: WYOMING -- Single Family n FllIUJie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042.WY (0001) (Page 17 of 18) ,. ..... :',', :¡:¡;:¡~·s..'!Ì~~!~ì!;.':';t;;;!i~:~ ,n·l~ :.'·~:;:~~!ß~!' ili·~3"1t::, .::':;:::'",';~ ~r-'~-.\,..:' [-:::-:...1.~~~ft;i.-,_ .~_ 0917564 STATE OF WYOMING, COUNTY OF /ê-nJ 'X"·j·,','';'·· :'¡'.!;~~!:!i.!¡';i:;'j!;~ >~·ìi:i.;:.:::!~:~-';~a:'Æ!t.J:r:!',~~::±·J::;"':·':':~·': - ,.,~ ~~~ '~~. ~j~i:~:.:!:\~'-:¡:I;:~~¡:JÕ~··f'¡;;:.':'. :;~:·8£.:.!;:.~.~.: ~"': INDIVIDUAL ACKNOWLEDGMENT ) ) SS ) The foregoing instrument was acknowledged before me this ¥ ((7 { 0 k:, April 17, 2006 (date) by Steve Miller and Terra Miller, husband and wife My Commission Expires: (person acknowledging) Þ 8-.%- Notary Public .. .~:..~....~...,. ~... ~ i'J\~l!;N T. \VYUE . NOTAHY PUBLla ~ C"ür.ty of .~r' State üf $ t.hic:::·!n f-~tf V'.'ïûffijng· l!~t:~~ CD(ç (ux:P¡ \VY OMING -- Single Family -- FaJU1ie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042,WY (0001) (Page 18 of 18) Initials: S, ~ ':,j '.'~:f:':':I:~t~ ~~~¿~~ C00226 ;m!~m~~~~m}: . , ,-; :'''~I~~:I:#:I:I:::.I,;-:t:·~·:~:'~';·:i';':;:'',p'~'~~,¡'; ··:,'·\:.a.', ...:;:';,':,~;;:i'£t:'J:'IÏ:tJ!t!i:E,fi·-,: . ," ,5!::i~;:·.:.:·jl¡~i·¡~i!j!!·.&.~".Ô·; ,'.; ;j3'jH~Æ4..~1i.it,::~'~:..:.i;::-~·.:,. :'::i:_!~'.;~j'..i'¿~~':i:tjL£'~!;¡~~:i':':'::,:::.:· :.":!:: ~I::;:V';':¡:.~.¡¡;~:':':¡.; , Q917564 . OO°r, 7 \.. ,. Ä. ¡; . Schedule A Wyoming Mortgage Given By: Steve Miller and Terra Miller Page 1 Lot 17 River View Meadows Addition to the Town of Alpine within the SE1/4 of Section 30, T37N, Rl18W, according to that plat filed July 2, 1993 as Instrument No, 767416. 6W\'~