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HomeMy WebLinkAbout921543 000056 b~ " ( After .Recording.Return To: GMAC Mortgag€ Corp. ~OO Witmer Road BorEham, FA ~9044-0963 ATTN: R€cords Management RECEIVED 8/21/2006 .at 4:27 PM RECEIVING# 921543 BOOK: 631 PAGE: 56 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY -'---- .-- - - [Space Above This .line For Recording Data) LwmNo. 596696203 MIN ~000375-0596696203-0 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 roles regardi.ng the usage of words used.in this document .are 1ÙSO provided .in Section 16. (A) "Security Instrument" means this document, w1úch js dated August ~ 0 , 2006 , together with.all Riders to this document. (B) ''Bon-ower'' js William Vogt and Je££i€ Vogt, Husband and Wi£€ Borrower js the .mortg1lgor under this Security lnstnnnent. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS js a separate corporation that is .acting solely as a nominee for Lender 1100 Lender's successors .and .assigns. MERS is the mortgagee under this Security Instrument. MERS is organized .and existing under íhe Jaws of Delaware, .and has an address.and telephone number of P.O. Box 2026, Flint, MI48501-2026, tel. (888) 679-MERS. WYOMING -SiugleF=ily- FJWDieMae/Fœ<!dieM&c\ UNlFORMlNSTRllMENT Fønn.3051 1101 _~ (Page 1 Df 18) 358020312 Inítials:-- GMACM - CMS.0042. WY (0001) JJJ 346 0921543 000057 (D) ''Lender'' is GMAC Mortgage Corporation Lender is.a Corporation Jaws of Pennsylvania lOO Witmer Road, P.O. Box 963, Borsham, PA organized and ~xisting under the . Lender's .address is 19044 (E) "Note" .means the promissory note signed by .Borrower .and 1I.ated August lO , 2006 . T.he Note Btates that Borrower owes Lender One Bundred ~housand and OO/lOO Dollars (U.S. $ l 0 0 , 000 . 00 ) p]us IDterest. .Borrower has promised to pay .this debt in regular Periodic Payments and to pay the debt in fullllOt Jater than Bept.ember l, 2036 (F) "Property" .means the property that is described below under the he:lclinl "Transfer of Rights in the Pmperty. " (G) "Loan" .means the debt evidenced by the Note, p]us IDterest, .any prepayment charges .and late charges due under the Note, and .all sums due under .this Security lnstrument, p]us IDterest. (H) "Riders" .means .all Riders to .this Security lnstrument that .are executed by Borrower. The following Riders are to be executed by .Borrower [check box .as applicable] : D o o AdjustabJe Rate Rider Balloon Rider Other(s) [specify] D Condominium Rider 0 o Biweekly Payment Rider 0 o Planned Unit Development Rider Second Home Rider 1-4 Family Rider (I) "ApplicahJe Law" .means 2ll controlling .applicabJe :federal, state .and local .statutes, regulations, ordinances.and :lclmini~tive rules .and orders (that llave the ef:fect of Jaw) .as well JlS.all.applicable final, non-.appealable judicia] opinions. (J) "Community Association DUe5,Ffe5, and Assessments" .means .all dues, fees, JlSsessments.and other charges that .are imposed on .Borrower or the Pmperty by .a condominium liSsociation, homeowners JlSsociation or similar organization. (K) ''ElectronicFnnds Transfer" .means .any transfer of funds, other than.a transaction originated by check, .draft, or similar paper instrument, which is initiated through an eJectronic tenninal, te1ephomc instnnnen1, computer, or .magnetic tape so.as to order, instruct, or authorize a tin:ln~i:ll institution to debit or credit.an llCCOunt. Buch term includes, but is J1Qt limited to, point-of-sale transfers, .automated íeller m:l~hine transactions, transfers initiated by teJephone, wire transfèrs,.and .automated c1earinzhouse transfèrs. (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 coveuges described in Section 5) for: (i) Llamage to, or 1iestruction of, the Pmperty; (ü) conc!emn:ltion or other taking of 2ll or .any part of the Property; (ill) conveymce in lieu of connemn:ltion; or (iv) misrepresentations of, or omissions as to, the value.and! or condition of the Property. WYOMING-£iD&leFmJiJy-F.am1ieMaelFœddieMacUNIFORMJNSI"RlJMENT 1'0=3051 1101 ~ ~ GMACM - CMS.0042. WY (0001) (page 2 of 18) lnitiaJs: . 0J !¡:;J¡::¡t!!:l:¡:~¡!:~i~ 0921543 000058 (N) "Mortgage Insurance" .means in~nnm~e protecting Lender against the 1lODpayment of, or default on, the Loan. (0) "Periodic Payment" .means the regularly ¡:~heilnl~d.amonnt due for (i) principal'~ interest under the Note, p1us (ii) .any .amounts under Section 3 of this Security lnstrument. (P) "RESPA" means the Rea] Estate SettJement PIOcedures Act (12 D.S.C. §2601 et seq.) .and its implem~ntiTl£ regulation, Regulation X (24 C.F .R. P.art 3500), JlS they might be am~nt1ed from time to time, or any lldditiona] or successor legislation or regulation .that governs the .same subject.matter. As used in this Security lnstrumen1, "RESPA" refers to .all requirements.and restrictions .that Me imposed in regard to a "federally related .mortgage loan" ¡:ven if the Loan does 1lOt qualify .as a "federally related .mortgage loan" under RESP A. (Q) "Successor in Interest of BOITower" means.any pllrty .that .has taken title to the Property, w.hether or 1lOt .that party.has JlSsumed .Borrower's obligations under the Note .and/or this Security lnstrument. TRANSFER OF RJGHTS IN THE PROPERTY This Se!:urity 1nstrument secures to Lender: (i) the repayment of the loan, .and llli renewaJs, extensions and .modifications of the Note; and (ii) the perfonnance of Borrower's covenants .and llgreements under this Security Instrument .and the Note. For this purpose, Borrower rloes .hereby .mortgage, grant .and convey to MERS (soJely .as 1lOminee 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 {Type of Recording .Jurisdiction] of Lincoln [Name of Recording .Jurisdiction] BEE BCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. wJllch currently .has the llddress of 345 East 3rd Ave. I [Street] Mton , Wyoming B3ll0 ("PIOperty Address"): [Cily] f7ip Code] TOGETHER WITH.all the improvements 1lOW or .hereafter erected on the property, and lÙl eJlSements, llppurtenanceS, and fixtures now or .hereafter ~ part of the property. All repblcements and .additions shall aJso be covered by this Security lnstrumen1. All of the foregoing is referred to in this Security lnstrument JlS the "PIOperty." Borrower understands .and .agrees .that MERS holds only legaJ title to the interests granted by Borrower in this Security lnstrumen1, but, if .necessary to comply with Jawor L:ustom, MERS (JlS 1lOminee for Lender .and Lender's successors .and assigns) .has the right: to exercise .any or .all of those interests, inclnnlng, bUt1lOt limited to, the right to foreclose and sell the PIOperty; .and to take.any .action required of Lender lndniling, but 1lOt limited to, Tel~:I¡;in2 .and canceling this Security lnstrumen1. WYOMING -SiDg1cF.amily-FJWDieMae!PnoddieMac lJNIFORMlNSTRIJMENT Form3051 J./Ol ~ . í. " I GMACM - CMS.0042.WY (0001) (page 3 of 18) lnitials: ~> 'Y-''''' i . 0921'543 000059 .BORROWER COVENANTS íhat .Borrower is Jawfully seised of the estate .hereby conveyed and llas the right to .mortgage, grant and convey the Pmperty and íhat the Pmperty is unencumbered, except for encumbrances of record. .Borrower warrants and will defend generally the title to the Pmperty 1lgainst all claims and nem:lnrls, subject to .any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for .national use and -TIOll-uniform covenants with limited variations by jurisdiction to constitute 1l unifonn security IDst:rument covering realpmperty . UNJFDRM COVENANTS. .Borrower and Lender covenant and 1lgIee.as follows: 1. Payment of Principal, Interest, Escrow 1tems, Prepayment Charges,.and Late Charges. .Borrower shall pay w.hen due the principal of, and interest on, the d,::bt evidenced by the Note and.any prepayment charges and late charges due llIlder the Note. .Borrower shall.also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and íhis Security Instrument shall be made in U.S. .currency. However, if any .check or other instrument received by Lender liS payment llIlder the Note or íhis Security Instrument is returned to Lender unpaid, Lender .may require íhat .any or.all subsequent payments due llIlder the Note and íhis Security Instrument be made in one orIDore of the following fonns, JlS seJected by Lender: (a) .cash; (b) IDoney order; (c) certified .check, bank .check, treasurer's .check or cashier's .check, provided .any .such .check is drawn upon .an institntion whose deposits .are insured by a fedenù 1lgency, instn1mp.nt::ll1ty, or entity; or (d) Electronic Funds Transfer. P1lyments .are deemed received by Lender w.hen received 1lt the location designated in .the Note or at such other location JlS.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 insuffir.ip.nt 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 1lpply such payments 1lt 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 suchllIlapplied funds until.Borrower.makes pay.ment to bring the Loan current. If .Borrower Does .not do so within a reasonabJe period of time, Lender shall either 1lpply such funds or return them to Borrower. If.not applied earlier, such funds will be applied to the outstanding principaJ balance under the Note lmmerIiMp.ly prior to foreclosure. No offset or claim which Borrower might llave .now or in the future 1lgainst Lender shall relieve Borrower from mak:ing payments due llIlder the Note and íhis Security Instrument or perfonning the covenants and agreements secured by íhis Security lnstrument. 2. Application of Payments Dr Proceeds. Except liS otherwise described in this Section 2, all payments .accepted and .applied by Lender shall be .applied in the following order of priority: (a) interest rlue llIlder the Note; (b) principal due under the Note; (c).amounts .due llIlder Section 3. Such payments shall be .applied to :each Periodic Payment in the order in which it became due. Any rem:lininz .amounts shall be 1lpp1ied fust to late charges, second to any other .amounts due llIlder íhis Security lnstrument, and then to reduce the pnnr.ipa 1 balance of the Note. LOAN NO: 596696203 \VY OMING - SiD¡:le F.amily - F.annie MWJ'r<:ddie Mac UNIFORM INSTRUMENT 1'....... 31151 1/01 GMACM - CMS.0042.WY (0001) (page 4 of 18) 1nitials: ~~ .jJJ :: ;i:¡!f:!~i:!i:~:~ :¡1~; 0921.543 000060 If Lender receives a payment from Borrower for .a .delinquent Periodic P.ayment which .includes .a sufficient.amount 10 pay .any late charge due, .the pay.ment .may be .applied 10 ,the delinquent payment and .the Jate charge. If .more than one Periodic Payment is outstanding, Lender .may .apply .any pay.ment received from .Borrower to .the repayment of the Periodic P.ay.ments if, and 10 .the extent that, each payment am be paid in full. To the extent that.any excess exists .after .the pay.ment is .applied to the full payment of one or .more Periodic Payments, .such excess .may be applied 10.any Jate charges due. Voluntary prepay.ments .shall be .applied first 10.any prepayment charges and then JlS described in the Note. Any .application of pay.ments, insurance proceeds, or Miscellaneous Proceeds 10 principaJ due under .the Note .shall DOt extend or postpone the due .date, or change the .amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower.shall plly 10 Lender on the Llay Periodic Pay.ments.are due under the Note, until the Note is paid in full, .a sum (the "Funds") 10 provide for payment of .amounts due for: (a) taxes.and .asse¡;~ments .and other items which am .attain priority over this Security lnstruJnent.as a lien or encumbrance on the Property; (b) leJlSehold payments or ground rents on the Property, if .any; (c) premil1m¡; for .any .and .all insurance required by Lender under Section 5; and (d) Mortgage lnsurance premiums, if .any, or.any .sums payabJe by .Borrower to Lender in lieu of the payment of Mortgage Insurance premil1m~ in accordance with the provisions of Section 10. These items .are caJJed "Escrow Items." At origination or .at .any time during the tenn of the Loan, Lender .may require that Community Associ.ationDues, Fees.andAsse¡;¡;ment~, if .any, be escrowed by Borrower, and such dues, fees, .and .assessments .shall be .an Escrow Item. .Borrower.shall promptly fumish to Lender .all DOticeS of .amounts 10 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 aJl Escrow Items. Lender.may waive Borrower's obligation 10 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, w.hen and w.here payable, the .amounts due for .any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, .shall furnish 10 Lender receipts evidencing such payment within such time period JlS Lender may require. Borrower'.s obligation to make .such payments .and 10 provide receipts shall for .all purposes be deemed 10 be .a covenant and .agreement .contained in this Security Instrument, JlS the phrase "covenant.and .agreement" is used in Section 9. If Borrower is obligated 10 pay Escrow ltems directly, pursuant 10.a waiver, .and.Borrower fails 10 pay the.amount due for .an Escrow 1tem, Lender.may exercise its rights under Section 9 .and pay .such amount and Borrower shall .then be obligated under Section 9 10 repay 10 Lender .any such .amount. Lender.may revoke the waiver JlS to .any or .all Escrow Items .at.any time by .a DOtice given in accordance with Section 15 .and, upon.such revocation, Borrower .shall plly 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) ¡;l1ffic.ient 10 pennit .Lender to .apply .the Funds .at .the time specified under RESPA, and (b) DOt to exceed the maximum .amount a lender am require under RESPA. Lender.shall estimate the .amount of Funds due on the basis of current data and rea50nabJe estimates of expenditures of future Escrow Items or otherwise in accordance with ApplicabJe Law. LOAN NO: 596696203 ~ WYOMING-Sing1ePmilly-Fo:anieMaelFreddieMacUNIFORMINSTRUMENT Ponn3OSl .1ID1 ~ 1\'\ . I' GMACM - CMS.0042.WY (0001) (page 5 of 18)lnitials: '\.).J\.J 0921543 000061. The Funds shall be l1e1d in .an .institution whose deposits Me insured by a federal .agency, instTl1ment:llity, or entity (indnrling Lender, if Lender is an institution whose deposits .are so insured) or in any FederaJ Home Loan Bank. Lender shall apply the Funds to pay' the Escrow Items.no Jater than the time specified under RESPA. Lender shall.not charge Borrower for holding .and .applying the Funds, .annually.analyzing the ~SCIOw .account, or v~rifying the Escrow Items, unless Lender pays Borrower interest on the Funds .and Applicable Law permits Lender to.make such a charge. Unless .an .agreement is made 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 lIIIDUal .accounting of the Funds .as required by RESP A. If there is.a swplus 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 defmed under RESPA, Lendershall.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 U.monthly payments. If there is .a deficiency of Funds held in escrow, .as defined under RESPA, Lender shall notify Borrower liS required by RESPA, .and Borrower shall pay to Lender the amount necessary to make up the nefi~iency in .accordance with RESP A, but in no .more than 12 .monthly payments. Upon pay.ment 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, .asse~~ments, charges, fines, .and impositions .attributabJe 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 Jien which l1as priority over this Security Instrument unless .Borrower: (a) .agrees in writing to the pay.ment 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, .legaJ proceedings which in .Lender's opinion operate to prevent the enforcement of the lien while those proceedings Me pending, but onJy until such proceedings .are concluded; .or (c) secures from the holder of the lien an .agreement satisfactory to Lender suborrlin~tiT1g the lien to this Security Instrument. If Lender determines that .any part of the Property is subject to .a Jien 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 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 rea] estate tax verification .and! or reporting seIVÍœ used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall Jœep the improvements .now existing Dr .hereafter .erected on the Property insured .against loss by fire, hazards included within the tenn "extended coverage," and .any other hazards lndnrling, but .not limited to, earthgualœs .and floods, for which Lender requires insurance. This l11S11T:mP.e shall be m:¡int:¡ined in the amounts WYOMING-SiDgleF.amily-FJUDJieM4elFœddieM.cUNIFORMlNSTRIlMENT l'onn3JlS1 ~11I1 \. '~ \ J...J GMACM - CMS.0042.W¥ (0001) (page 6 of 18) 1Ditials: ~ ~ U~jflili:¡ TJmili¡i/ '.:;:~::::::¡:j:::::::~::::;:. , :¡ > ,", .. ; I I ! I I 092:1543 00006~ I I . I ! ! (including deductible levels) and for the periods .that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan. T.he insurance carrier providing the insurance shall be chosen by .Borrower Bubject to Lender'B right to .disapprove Borrower's choice, w.hichright Bhall JlOt be exercised unreJlSonably. Lender.may require .Borrower to pay, in connection with this Loan, citht:r: (a) a one-time charge for .flood zone determination, certification and tracking services; or (b) 11 one-time charge for .flood zone determination and certification BeIVÎCes and BUbsequent charges each time remappings or Bimi1ar changes occur which reasonably might .affect such determination or certification. .Borrower Bhall 1lls0 be responsible for the payment of my fees .imposed by the Federal.Emergency Management Agency in connection· with the review of .any .flood zone determination resulting from m objection by Borrower. If Borrower fails to m:lint:lin .any of the coverages described l1bove, Lender .may obtain in<mnm~e coverage, llt Lender's option and Borrower's expense. l..t:nder is under JlO obligation to purchase my particular type or .amount of coverage. Therefore, such coverage 5hal1 cover Lender, but might or might not protect Borrower, Borrower'B equity in the PIOperty, or the contents of the PIOperty, against my risk, hazard or liability and might provide greater or lesser coverage than WJlS previously in effect. .Borrower acknowJedges .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 l..t:nder under this Section.5 shall become .additional debt of .Borrower secured by this Security lnstrument. T.hese.amounts.shall bear interest l1t the Note rate from the date of disbursement and Bhall be payable, with Buch interest, npon notice from Lender to Borrower requesting payment. All .insurance policies required by Lender and renewals of Buch policies shall be .subject to Lender's right to .disapPIOve such policies, shall.include a Btandard .mortgage clause, and Bhall .name Lender .as .mortgagee and/or l1S .an additional loss payee. Lender Bhall have the right to .hold the policies and renewal certificates. If Lender requires, Borrower Bhall promptly give to Lender.all receipts of paid preminms and renewal JlOtices. If .Borrower obtains .any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the PIOperty, such policy Bhall include a Btandard .mortgage clause and Bhall .name Lender .as .mortgagee and/or .as m :lrlrlitionalloss payee. In the event of loss, .Borrower shall give prompt notice to the .insurance carrier and .Lender. Lender.may.make proof of loss if JlOt .made promptly by Borrower. Unless Lender and .Borrower otherwise l1gree in writing, my insurance proceeds, w.hether or not the underlying insurance WJlS required by Lender, shall be applied to Testoration or repair of the PIOperty, if the restoration or repair is econom.ica11y feasible and Lender's .security is JlOtles.sened. During.such Tepair and restoration period, Lender Bhall have the right to lwId such insurance proceeds until Lender.has had m opportunity to inspect such PIOperty to ensure the work.has been compJeted to Lender's Batisfaction, provided .that such inspection.shall be undertaken pIOmptly. Lender .may disburse proceeds for the repairs and restoration in a .single payment or in a .series of progress payments liS the work is completed. Unless.an l1gIeement is .made in writing or Applicable Law requires .interest to be paid on such insurance proceeds, Lender Bhall JlOt be required to pay Borrower .any interest Dr earnings on such proceeds. Fees for public adjusters, LOAN NO: 596696203 WYOMING-.siD&I"Pm1ilY-P=>ic~.MacUNIFDRMlNSTRlIMENT 1'.......3JIS1 ~/Ðl \, GMACM - CMS.0042. WY (0001) (page 7 of 1B) lnitia1s: ~~ Jv 09'21.543 000063 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 feasiþJe or Lender's security would be lessened, the insurance proceeds shall be .applied to the siuns secured by this Security lnstrument, whether or not then due, with the excess, if .any ,paid to Borrower. Such insl.WlIlCe proceeds shall be applied in the order provided for in Section 2. 1£ Borrower .abandons the Property, Lender may :me, lIegotiate and settle .any .availabJe insurance cl.aim and related matters. 1£ .Borrower does not respond within 30 days to a notice from Lender that the insurance carrier .has offered to settle .a cl.aim, then Lender may lIegotiate and settle the cl.aim. T.he 3D-day period will begin w.hen the notice is given. 1n cither event, or if Lender .acquires the PIOperty under Section 22 or otherwise, Borrower .hereby .assigns to Lender (a) .Borrower's TIghts to .any insurance proceeds in.an amonnt not to exceed the amounts unpaid under the Note or this Security lnstrument, and (b).any other of .Borrower's TIghts (other than the right to .any refund of l1n~:lTTI~d preml11m~ paid by .Borrower) under .all insurance policies covering the Property, insofar JlS such rights .are .applicabJe to the coverage of the PIOperty. Lender may use the in"lIT:ln~e proceeds cither to repair or restore the PIOperty or to pay amounts unpaid under the Note or this Security lnstrument, w.hether or not then due. . 6. Occupancy, .Borrower shall occupy, establish, and use the Property.as Borrower's principaJ residence within 60 days .after the execution of this Security lnstrument and shall £:ontÍnue to occupy the Property JlS .Borrower's principaJ residence for .at least one year .after the .date of occupancy, unless Lender otherwise .agrees in writing, wl1ich consent .shall not be unreason&bly w.ithheld, or unless e~tenll:lrinz circnm~tJ1nces exist wl1ich.are beyond Borrower's £:Ontrol. ï. Preserv.ation, Maintenance .and Protection of the Property; Inspections. .Borrower shall not destroy, damage or impair the PIOperty, .allow the Property to 1ieteriorate or commit waste on the Property. W.hether or not Borrower is residing in the Property, Borrower shall m:llnt:lln 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 PIOperty if damaged to .avoid further 1lererior.atÏon or damage. lf insurance or conn~mn:ltion proœeds.are paid in connection with damage to, or the taking of, the Property, Borrower .shall be responsible for r-epairing or restoring the Property oruy 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. 1£ the lm:nTIln~e or £:ond~mn:ltion proceeds .are not sufficient to repair or restore the Property, .Borrower is not relieved of .Borrower's obligation for the £:ompletion of such repair or restor.atÏon. Lender or its agent may malœ reasonable entries upon and inspections of the PIOperty. 1£ it lIas reasonabJe canse, Lender may -Ïn.spect the .interior of the improvements on the Property. Lender shall give Borrower notice .at the time of or prior to such .an interior -Ïn.spection specifying such reasonable cause. 8. BOJTower's Loan Application. Borrower shall be in default if, rluring the Lo.an .application process, Borrower or .any persons or entities .acting .at the direction of .Borrower or with .Borrower's .knowledge or consent gave materially false, mlS]~:lnlnz, or inaccurate information or statements to Lender (or failed to provide Lender with.material information) in 'WY OMING -.5iDeJe F.amily - F.axmie Mae!Freddie Mac UNIFORM INSTRUMENT Fonn 3JI51 ~/01 GMACM - CMS.0042. WY (0001) (page 8 of 18) .Initials: ~~JJ ~: if!:¡¡!:~¡m~w~!; ~; # J>1.r:' 113 09......,· ,_1.11..· 000064 connection with the Loan. Materia] representations include, but are not limited to, representations concerning Borrower's occupancy of the Property 4S Borrower's principal E~e. ' 9. Protection of Lender's Interest in the Property IDld Rights Under this Security Instrument. IT (11) .Borrower fails to perfonn the covenants .and agreements contained in .this Security lnstrument, (b) there is 11 legal proceeding that.might ~i£nifi~~ntly .affect Lender's interest in the PIOperty .and/or rights under .this Security 1nstrument (such JlS .a proceeding in bankruptcy, probate, for connemn~tion or forfeiture, for enforcement of.a lien which may .attain priority over.this Security lnstrument or to enforce laws or regulations), or (c) Borrower has .abandoned the PIOperty, then Lender may do and pay for whatever is remonabJe or appropriate to protect Lender's interest in the Property and rights under .this Securitylnstrument, inc1lJninz protecting .and/or .assessing the va1.ue of the PIOperty, .and securing .and/or rep.ai:ring the PIOperty. Lender's .actions can include, but are not limited to: (<1) paying.any SIlIIlS secured by.a lien which lIas priority over .this Security 1nstrument; (b) .appearing in court; .and (c) paying re<1sonable .attorneys' fees to protect its interest in the Property .and/or rights under.this Security lnstrument, inc1lJning its secured position in <1 bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangeIOus conditions, and have utilities turned on or off. Although Lender may take .action under .this Section 9, Lender does not have to do so .and is not under .any duty or obligation to do so. It is .agreed that Lender incurs no liability for not taking.any or .all.actions .authorized under .this Section 9. Any .amounts disbursed by Lender under.this Section·9 shall b~come .additional debt of .Borrower secured by .this Security lnstrument. T.hese.amounts shall bear interest.at the Note rate from the date of disbursement and shall be payable, with such interest, nponnotice fromLender to Borrower requesting payment. IT .this Security lnstrument is on .a leasehold, Borrower shall comply with .all .the provisions of the lease. If Borrower acquires fee title to the PIOperty, the leasehold and the fee title shall not .merge unless lender .agrees to the merger in writing. 10. Mortgage InsurIDlce. If Lender required Mortgage Insurance JlS a condition of making the Loan, Borrower .shall pay the premiums required to m:lint:lin the Mortgage lnsurance in effect. If, for any reason, the Mortgage lnsurance coverage required by Lender ceases to be av.ai1ab]e from the mortgage insurer that previously provided such insurance .and Borrower WJlS required to make separately designated payments toward the premilJm~ for Mortgage lnsuraTICe, Borrower shall pay the pr~millm~ required to obtain coverage substantially equivalent to the Mortgage lnsurance previously in effect, .at .a rest substanti:ll1y equiv.alent to the cost to Borrower of the Mortgage lnsurance previously in effect, from .an alternate .mortgage insurer selected by lender. IT substantially equivalent Mortgage lnsurance coverage is not .av.ai1able, .Borrower shall continue to pay to Lender the .amount of the separately designated payments that were due when the insurance coverage cemed to be in effect. Lender will accept, use.and retain these payments liS a non-refundable loss reserve in lieu of Mortgage lnsurance. Such loss reserve shall be non-refundabJe, notwithstand:ing the .fuct that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. lender can no longer require loss reserve payments if Mortgage lnsuraTICe coverage (in the LOAN NO: 596696203 WYOMING -.sin¡:leF.amily-F~~MacUNIFDRMINSTRUMENT Jlørm3tl51 1101 GMACM - CMS.0042. WY (0001) (page 9 of 18) 1nitials: ~~ :!~II' . ::·¡¡¡¡¡:¡::¡¡~i¡:¡:¡:.;:: ...·1'.·.·.·.·.·.·",·.·..·, ::)~?i;¡~@~t~;::· ,¡Irl~ .;¡¡~I; ; 000065 0921.543 lUIlOunt .and fOT :the period that Lender requires) provided by .an Ùlsurer seJected by Lender again becomes available, is obtained, .and Lender requires separately designated pa~ toward :the premiums for Mortgage Insurance. If Lender required Mortgage 1nsurance JlS a condition' of .making :the Loan.and Borrower WJlS required to.make separately designated pllyments toward the premil1m~ for Mortgage JnSUT:mce, .Borrower .shall pay the premil1m~ required to m:l;nt:¡;n Mortgage Insurance in effect, or to provide a non-refundable loss reserve, nnti1 the Lender's Tequirement for Mortgage lnsurance ends in .accordance with.any written agreement between Borrower .and Lender providing for such tennination or nnti1 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 1nsurance reimburses Lender (OT .any :entity that purchases :the Note) fOT certain losses it may incur if .Borrower does not repay :the Loan JlS .agreed. Borrower is not a party to:the Mortgage Insurance. Mortgage Ùlsurers evaluate :their total risk on all .such insurance in force from time to time, .and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that .are satisfactory to íhe mortgage insurer and the other party (or parties) to these agreements. T.hese 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 prem;l1m~). As a result of these .agreements, Lender, .any purchaser of the Note, .another Ùlsurer, .any reinsurer, .any other :entity, or.any affiliate of .any of:the foregoing, may receive (directly or indirectly) lUIlOunts that 1ierive from (or might be characterized as) a portion of Borrower's payments for Mortgage Tns11T:lnçe, in exchange fOT sharing or modifying the mortgage insurer's risk, or reducing losses. If such.agreement provides that.an :lffili:lte of Lender takes a share of íhe Ùlsurer's risk in exchange for a share of the pTemillm~:paid to the insurer, :the.arrangement is often tenned ".captive reinsurance." Further: (a) Any such .agreements will .not affect the amounts that Bon-ower .has .agreed to pay for Mortgage Insurance, Dr any other terms of the Loan. .such agr_.m..nt!l; will .not mcrfaSe the amount Bon-ower will owe for Mortgage Insurance, and they will .not entitle Bon-ower to any refund. (b) Any.such .agreements will .not affect the rights Bon-ower.has - if any - with respect to the Mortgage lnsurance under the HomeoWJlers Protection Act of 1998 Dr any other Jaw. 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 lnsurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are .hereby JlSsigned to .and shall be paid to Lender. WYOMING -£ngleFJlIDÙY - F4IlDieMae!Freddie Mae UNlFORMlNSTRUMENT Farm 3JI51 ~/0l llIitiaIs: -:::::::,..~ ...jA/ GMACM - CMS.0042.WY (0001) (page 10 of 18) ~: :i~i¡;m:f~~:~¡~:i::~; i i ' 09'~:t54:j i ¡ 000066 If the Property is rlamaged, such Miscellaneous Proceeds 5hall be applied to restoration or rep.air 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 5hall.have the ~ to haM such Miscell.aneous 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 5hall be undertaken promptly. Lender.may pay for the repairs and restoration in a single rlisbursement or in a series of progress payments .as the work is completed. UDless.an .agreement is .made in writin,g 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 economi~:llIy feasible or Lender's security would be lessened, the 1vfis~dJ:¡np.ous PIoceeds 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 Miscell.aneous Proceeds 5hall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds 5hall be applied to the sums secured by this Security .Instrument, whether or not then due, with the excess, if.any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair .marlœt value of the Property immediate]y before the partial taking, destruction, or loss in value is equa1to or greater than the amount of the sums secured by this .security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security .Instrument 5hall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value mvided by (b) the fair.marlœt value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be p.aid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair .marlœt value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immp.r1i:ltp.ly before the partial .taking, destruction, or loss in value, unless Borrower and Lender otherwise .agree in writin,g, the Miscellaneous Proceeds 5hall be applied to the sums secured by this Security .Instrument w.hether or not the sums.are then due. 1f the Property is &bandoned by .Borrower, or if, .after notice by Lender to .Borrower that the Opposing Party (as defined in the next sentence) offers to make .an aw.ard to settle .a claim for damages, Borrower fails to respond to Lender within 30 days .after the date the notice is given, Lender is authorized 10 co]]ect and apply the Miscellaneous Proceeds either 10 restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" .means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of .action in regard to Miscellaneous Proceeds . LOAN NO: 596696203 WYOMING-£¡¡gleF=rily-FamæMac/FreddieMacUNIFORMJNSTRUMENT 1'orm3D51 ~IJU '- '" . \ ^ I GMACM - CMB.0042. WY (0001) (page 11 of 18) lnitials: .::::::..- ~ "-YV .- 0921.543 000067 Borrower shall be in default if.any action or proceeding, whether civil or crirnin:ll, is begun that, in lender's jllC1fment, could result in forlcit:u:re of the PIOperty or other materþù impairment of Lender's interest in the Property or rights under this Security 1nst:rumênt. .Borrower can cure such a default .and, if acceleration.has occurred, Teinstate .as provided in Section 19, by causing the action or proceeding to be dismissed with 11 ruling that, in Lender's jnnfrneut, precludes forfeitnre of the PIOperty or other material i-rr1J1~iTTTlent of lender's interest in the PIOperty or rights under this Security Instrument. T.he proceeds of any award or claim for 1lamages that.are l1ttributable to the irnp:liTTTlent of Lender's interest in the Property are .hereby .assigned .and shall be paid to Lender. All Miscellaneous Proceeds that .are not applied to restoIation or repair of the Property shall be l1pplied in the order provided for in Section2. 12. BOITower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or .modification of amortization of the sums secured by this Security Instrument gnmted by Lender to Borrower or any Successor in Interest of Borrower shall not i operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender · shall not be reqnired to commence proceedings 1lgaÌnSt any Successor in Interest of .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 nern:lnn .made by the original Borrower or .any Successors in Interest of .Borrower. Any forbearance by l...ender in exercising .any right or remedy inc1nnin£, without limitation, l...ender's acceptance of payments from third persons, entities or Successors in Interest of .Borrower or in amonnts 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 A""ign" Bound. .Borrower covenants .and l1grees that Borrower's obJ..igations .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"): (11) is co-signing this Security 1nstrument only to .mortgage, grant .and convey the co-signer' s interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security lnstnunent; .and (c) l1grees that Lender .and .any other Borrower can .agree to extend, .modify, forbear or .make' .any accommodations with regard to the tenns 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 JlSsumes Borrower's obligations under this Security 1nstrument in writing, .and is l1pproved by Lender, shall obtain .all of .Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations .and liability under this .security 1nstrument unless Lender l1gIees to such reJease in writing. T.he covenants .and Jigreements of this Security Instrument shall bind (except JlS provided in Section 20) .and beneñt the successors and JlSSÍgnS of Lender. WYOMING-£inBleFmúly-F~MeŒreddieMacUNIFORMlNSTRUMENT Form3ll51 .1101 GMACM - CMS.0042. WY (0001) (page 12 of 18) 1nitials: ~~~ ~'>',/:;:';' ",;!",.,;..",.e,j (I;<~>::;;:/~ m~~;~~~~~~~~;iliC ,¡~llt) 09~1.54:j 000068 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 lnstrument, including, but JlOt limited to, littorneys' f~s, property inspection.and valuation fees. In regard to IDlY other fees, the libsence of express llUthority in this Security lnstrument to charge li specific fee to .Borrower .shall not be construed 1lS a prohibition on the charging of such fee. Lender may not charge fees that .are expressly prohibited by this Security lnstrument or by ApplicabJe Law. If the LoIDl is subject to a Jaw which sets nmcimnm 10IDl charges, .and that Jaw is íinally interpreted so that the interest or other 10IDl charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) IDlY 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 permitted limits will be refunded to .Borrower. Lender may choose to make this refund by reducing the principaJ owed under the Note or by.making li direct payment to .Borrower. If li refund reduces principaJ, the reduction will be treated 1lS li parti.a] prepayment without IDlY prepayment charge (whether or not a prepayment charge is provided for under the Note). .Borrower's acceptance of IDlY Buch refund made by direct payment to .Borrower will constitute li waiver of IDlY right of action Borrower .might .have.arising out of Buch overcharge. 15. Notices. All Notices given by Borrower or Lender in connection with this Security lnstrument must be in writing. Any JlOtice to Borrower in connection with this Security lnstrument .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.any one Borrower shall constitute JlOtice to .all Borrowers unless Applicab]e Law expressly requires otherwise. The JlOtice address shall be the Property Address unless Borrower .has designated a Bubstitute notice llddress by JlOtice to Lender. Borrower.shall promptly JlOtify Lender of .Borrower's change of llddress. If Lender specifies li procedure for reporting Borrower'B change of address, then .Borrower .shall oruy report a change of llddress through that specified procedure. T.here.may be only one desjgna.ted JlOtice address under this Security lnstrument lit .any one time. Any JlOtice to Lender shall be given by delivering it or by m:li11n£ it by first class mail to Lender's llddress stated .herein unless Lender .has designated .another llddress by JlOtice to .Borrower. Any notice in connection with this Security lnstrument .shall JlOt be deemed to .have been given to Lender until actuany received by Lender. If wy JlOtice required by this Eecurity lnstrument is aJso required under ApplicabJe Law, the Applicable Law requirement will .satisfy the corresponding requirement under this Security lnstrument. 16. Governing Law; .5evfrability; Rules of Construction. Tlris Security lnstrument .shall be governed by federal law .and the Jaw of the jurisdiction in which the Property is located. An rights .and obligations contained in this Security lnstrument.are subject to wy 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 Bilence shall not be construed liS a LOAN NO: 596696203 WYOMING -.single P.amiJy - PJWDie MaelPreddie Mac UNIFORM INSTRUMENT 1'orm 3051 ~/Ðl GMACM- CMS.0042.WY (0001) (page 13 of18) lDi.tials: ~~ o 9:¿ 1. 543 000069 prohibition .against .agreement by £ontract. In the event .that .any provision or clause of this Security Instrument or the Note conflicts with Appfu:able Law, such conflict .shall not .affect other provisions of this Security Instrument or the Note which !:all be given effect without'Íhe conflicting provisian. As used in this Security Instrument: (a) words of the masculine gender .shall mean .and .include correspondin,g neuter words or words of the feminine gender; (b) wards in the .singular shaH mean and.include the plural.and vice versa; .and (c) the word "may" gives sole discreûon without lffiY obligation to take lffiY .acûon. 17. Borrower's Copy. .Borrower.shall be given one copy of the Note .and of this Security lnstrwnent. 18. Transfer of the Property or .a BenenclallnterfSt in Borrower. As used in this Section 18, "Interest in the Property" .means .any Jegal or beneti~i31 interest in the Property, inc1nning, but not limited to, those beneficial mterests transferred in a bond for deed, contract for deed, installment sales cantract or escrow .agreement, the intent of which is the transfer of title by Borrower .at .a future date to a purchaser. If .all or lffiY part of the Property or .any lnterest in the Property is sold or transferred (or if Barrower is not .a natnr.a1 person and a beneficial interest in Borrower is sold or transferred) without lender's prior written consent, Lender may require immediate pay.ment in full of.all sums secured by this Security lnstrwnent. However, this opûon .shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender .shall give Borrower notice af .acceleration. T.he notice .shall provide .a period of not Jess than 30 days from the date the notice is given in .accordance with Section 15 within which Borrower .must pay .all sums secured by this Security Instrument. If .Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke .any re.medies pennitted by this Security Instrument without further notice or nem3nn on Borrower. 19. Borrower's Bight 10 Reinstate After Acceler.ation. If Borrower .meets certain £onditions, Barrower shall .have the right to .have enforcement of this Security lnstrwnent discontinued .at .any time prior to íhe earliest of: (.a) five .days befare sale of the Property pursuant to .any pawer of sale contained in this Security Instrument; (b) such other period JlS ApplicabJe Law might specify for the terminatian afBorrower's right to. reinstate; or (c) entry of .a judgment enforcing this Security Instrument. Those £onditions .are .that. Borrower: (a) pays Lender .all.sums which then would be due under this Security Instrument.and the Note JlS 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, indnniTl£:, but.not limited to, reasonable .attorneys' fees, property inspecûon.and valuaûon 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 acûan.as ùnder may reasonably require to .assure.that Lender's interest in the . Property and rights under this Security Instrument, .and Borrower's obligation to pay the .sums secured by :this Security Instrument, shall conûnue nn~h:lTl£:ed. Lender may require .that Borrower pay such reinstatement sums .and expenses in one or .more of the foHowing fanus, JlS selected by Lender: (.a) cash; (b) money order; (c) œrtified check, b.ank check, treasurer's check or cashier's check, provided.any such check is drawn upon.an insûtu1ion whose deposits .are insured by .a federal agency, instnlment:llity or entity; or (d) Electranic Funds Transfer. WYOMING-SingleF=ily-F.AD11ieMaeJF:reddieMacUNIPORMINSrRUMENT Fønn3D51 ~1ß1 '- \... GMACM - CMS.0042.WY (0001) (page 14 of 18) Initials: -~ ~ ~!~:¡:.::::~:::~:::::;'~] ¡\·¡:ltj.Ii·X'I":¡ .;.;'..;..';.;....'. ...,....'..,.,...,'. .,"....~~.'.'I' " " ."..,:",. 0921543 000070 Upon rcinstatement by Borrower, 1his Security .Instrument.and obligations secured .hereby .shall remain fully effective JlS if no llCcclerationl1ad occurred. However, 1his right to rcinstate .slpll not zpply .in.the CJlSe of l1cceleration under Section 18. ' 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. T.he Note or .a partial .interest.in .the Note (together with íhis Security lnstnunent) can be sold one or .more times without prior notice to Borrower. A.sale might result .in.a cl1ange in .the entity (known JlS the "Loan Servicer") that collects Periodic Payments .due under .the Note .and this Security Instrument.and perfonns other .mortgage loan servicing obligations under the Note, 1his Security lnstnunent, .and Applicable Law. There 1lls0 might be one or .more cl1anges of.the Loan Servicer unrelated to .a sale of.the Note. If.tht:re is .a change of.the Loan Servicer, Borrower will be given written notice of .the cl1ange which will state .the Dame .and .address of .the ~w Loan Servicer, the address to which payments should be .made .and .any o.ther information RESPA requires in connection with.a notice of transfer of servicing. If the Note is Bold.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 trans.fe:rred to .a BUCcessor Loan Servicer .and.are not l1ssnmed by.the Note purchaser nnJess otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, OI be joined to .any jndicia.1llCtion (JlS :either .an individual litigant or .the member of a clJlSs) that arises fro.m the o.ther party's l1CtiOns pursuant to 1his Security Instrument or that aJJeges that .the other party llas breached any provision of, or .any duty owed by reason of, 1his Security Instnunent, until Buch .Borrower or Lender llas notified the other party (with such notice given.in compliance with.the requirements of Section 15) of Buch .alleged breach .and .afforded .the other party .hereto .a reasonable period after .the giving of such notice to take corrective llCtion. If Applicable Law provides a time period which must elapse before certain llCtion can be .taJœn, that time period will be deemed to be reasonable for pmposes of 1his parngraph. The notice of llCceleration.and opportunity to {;ure given to .Borrower pur.suant to Section 22 .and the notice of .acceJeration given to Borrower pursuant to Section 18 .shall be deemed to.satisfy the notice .and opportunity to take corrective llCtion provisions of íhis Section 20. 21. Hazardous Substances. As used .in this Section 21: (a) "Haz4rdous Substances" .are those Bubstances defined JlS toxic or .hazardous substances, pollutants, or WJlStes by Environmental Law .and .the following substances: gasoline, .kerosene, other flarrunable or toxic petroleum products, toxic pesticides .and herbicides, volatile Bolvents, materials cont:linin£ asbestos or formaldehyde, .and radiollCtive materials; (b) "Environm~nt¡¡1 Law" .means federal Jaws.and laws of .the jurisdiction where the Property is located that relate to .heaJth, .safety or environm~nt¡¡1 protection; (c) "Environm~nt¡¡1 Oeannp" includes.any response llCtion, remedia] llCtion, or IemDVa] llCtion, JlS defined .in Environmental Law; .and (d) .an "Environmental Condition" means 11 condition that can cause, contribute to, or o.ther..vÍSe trigger an Environm~nt:l1 C1e.annp. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to reJease .any Hazardous Substances, on or.in .the Property. .Borrower shall not do, nor .allow anyone else to do, .anytbID,g .affecting the Property (a) that is .in violation of any Environmental Law, (b) which creates .an Environm~ntal Condition, or (c) which, dne to the presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 596696203 WYOMING-&I¡!eFJUJlÌIy-Fmoie.MulFreddíeMacUNIFORMlNSlRIlMENT .FannJ1I51 11m'\........ ~ GMACM - CMB.0042. WY (0001) (page 15 of 18) .Initials: ::::::> ~ 09:¿1543 00007j" adversely.affects the value of the PIOperty. T.he preceding two sentences shall.n.ot llpply to the presence, use, or storage on the PIOperty of small quantities of Hazardous Substances that.are generally recognized to be llppropriate to JlOIIruÙ re~in~nti:ll uses .and to m:lint~n:ln~e of'the Property (indnniT1l, but not limited to,l1az.ardous substances in consumer products). Borrower shall promptly give lender written notice of (a) .any investigation, claim, 1iemand, lawsuit or other llCtion by .any governm~nt:ll or regulatory <lgency or private party involving the Property .and..any Hazardous Substance or Environmental Law of which Borrower has llCtual Jrnowledge, (b) ..any Environm~nt:ll Condition, indmlinf but not limited to, .any Bpilling, leaking, discharge, release or threat of release of .any Hazardous Substance, .and (c) ..any condition owsed by the presence, use or reJease of a Hazardous Substance which adversely .affects the value of the PIOperty. If Borrower learns, or is notified by ..any gov~m~nt:ll or regulatory .authority, or.any priV<lte party, that .any remov<l1 or other remediation of .any Hazardous Substance .affecting the Property is Decessary, Borrower shall promptly take .all Decessary remedialllCtions in llCcordance with Environm~nt:ll Law. Nothing .herein shall create ..any obligation on lender for .anEnvironm~nt:ll Oeannp. NON-UNIFORM COVENANTS. Borrower.and lender further covenant.and agree.as follows: 22. ÀCœleration; Remedies. Lender.shall give notice to Borrower prior to acceleration following Borrower'.s bœach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Tbe notice .shall .specify: (a) the default; (b) the action required to cure the default; (c) a date, not Jess 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. Tbe 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 Dr any other defense of Borrower to acceleration and .sale. If the default is not cured on Dr 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 6peDSes incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. H 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 Dr persons Jegally entitled to it. WYOMING -Siq¡¡lcFAlDÍly-F.lDDieMaelFuddicMacUNIFORM1NSTRUMENT Form3Ð51 ~lOl ~~ GMACM- CMS.0042.WY (0001) (page 160118) 1nitials: . JAJ ~:¡~~;:¡@¡~¡¡;}: " -- 0921.543 000072 23. Release. Upon payment of 1Ili sums secured by this Security lnstrument, .Lender shall release this Security lnstrument. Borrower shall pay .any recordation costs. Lender may cl1arge Borrower a fee for releasing this Security lnstru.ment, but oruy jf the fee is paid to 4.t1fud party for services rendered.and the cl1arging of the fee is penTI1tted under ApplicabJe Law. .24. Waivers. ~orrower reJeases .and w.aives .all rights under .and by vUtue of .the homestead e~tionJaws of Wyoming. .BY SIGNING .BELOW, Borrower .accepts .and 4gIees to .the terms .and covenants contained in this Security lnstrument .and in .any Rider executed by .Borrower .and recorded with it. W"~~'\~ (Seal) -Borrower .Je~ ':J<;>~ (Seal) ~orrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 596696203 Witnesses: WYOMING - SingleFJUDily - F.amJie ~Mac UNIFORM INSTRUMENT Form 3051 ~IDl GMACM - CMS.0042. WY (0001) (page 17 of 18) 09201.543 I , 000073 INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING, ) ) 5S COUNTY OF Lincoln ) : The foregoing instrumeDt WJlS acknowledged before me this AUguBt 10 2006 (date) by William Vogt .and .J€ffi-e Vogt, Husband and WiÍ€ (person ;u:know1edging) _~Cu /-1 Ál1/~ Notary Public ~ My Commission Expires: Cj -- /5 - 07 GLORIA K. BYERS - NOTARY PUBUC COunty of & ~tate of J.Jncotn WJ Wyoming My Commission Expires Sept. 15, 2D07 WYOMING-£n¡IeF=illy-F~M.aeJF:roddieMa<:UNlPORMJNSrRUMENT l'arm3llS1 ~1D1 \ GMACM - CMS.0042.WY (0001) (page 18 of 18) lnitials: ~ ~ ~:¡j;i::::::~?~~!i:; ;! nJ 4";' O'921.5Lk.j 000074 Exhibit A File 6010615756 Description The land referred to :in this document is situated :in the State of Wyoming, County of Lincoln, lUld is described.as follows: .. JJeginning .at the Southeast corner of Lot 3, in JJlock 11, of the Afton Townsite Survey,.and running thence East 20 feet; thence North 10 rods; thence North 88°26'06" West 183.07 feet; thence South 30 feet; :thence East 38 feet; !thence South 140 feet; I~ence East ï rods, 9 Yz feet to the point of beginning. lAND: JJeginning .at .a point 20 feet East of the Southeast Corner of Lot 3, JJlock 11, of the AIton I ]Townsite survey, .and running thence North 165 feet, thence East 2.5 feet; ithence South 165 feet; thence West 2.5 feet to the point of beginning.