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HomeMy WebLinkAbout921925 604Sg (042 ' ¡¡¡¡illi!:;;!::!!i¡!!!)'!,!: }:::~~i:¡;:il~;:;~:m ":~1~:::!~~t~:t:~~~:1 After Recording Return To: AFFILIATED FI:NANCIAL GROUP, INC. 5690 DTC BOULEVARDÒ SUITE 400E ENGLEWOOD, CQLORAD 80111 Loan Number: 653868980 . n._. _ .__ _.. RECEIVED 8/30/2006 at 4:12 PM RECEIVING # 921925 BOOK: 632 PAGE: 199 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used hI multiple secnpns of this document are defined below and other words are defined in Sections 3,11, 13, 18,20 and 21. Certaiu 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 AUGUST 28, 2006 , together with all Riders to tlús document. (B) "Borrower" is ERIC R. GREEN AND JAYNA E. GREEN, Husband & Wife ! Lt /' \ :./ Borrower is the mortgagor uuder this Security Instrul11ent~ (C) "Lender" is AFFILIATED FINANCIAL GROUP, INC. /"' (, Lender is a COLORADO CORPORATION organized and existing under the laws of COLORADO Lender's address is ~ 6 9 0 DTC BOULEVARD, SU I TE 400 E I ENGLEWOOD, COLORADO 80111 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Bon'ower and dated AUGUST 28, 2006 The Note states that Borrower owes Lender TWO HUNDRED EIGHTY-SEVEN THOUSAND TWO HUNDRED AND 00/100 Dollars (U.S. $ 287,200.00 ) plus interest. Borrower has promised to pay ÙJis debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2036 (E) "Property" means the property ùJat is described below under the heading "Transfer ot' Rights in the Property." (I') "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the Note, and all sums due wlder this Security Instrument, plus interest. " (G) "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]: ,Ct o Adjustable R1tte Rider o Balloon Rider o 1-1 Family Rider o Condominium Rider o Planned Unit Development Rider o Biweekly Payment Rider o Second Home Rider o Other(s) [specify] WYOMING·,Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 1 of 13 DocMsglc ~ 800.649,r362 www.docmllgic.com ...·cr.·.·"".,...;.,. I ·Ir-·· i ! ··,-.".··",·.·"".",·.·;·_..,,~·h_... ,"..". ': '" ;P..:.,.·...·,.,,· ...a".'~·,,,." ~~" .....,. ,>...,."".,,..,~. .,.,.~ _,- -,··.-p".~.·.·t"·"""'''''·,,~.· ,...., ._.,.. ",,-, ......J...."""~-.,. :;":... : , ,.: , , ..~ ...... . .n' '....~,..." '." ,.... 1:. ~G 'J"b ~:;~;:~~~ ~:::;~~::::!:::::::;j .....'...,.....'....... .-,", ,.,................. ...:'.._,.............'.._,.,.,',.,.."....""'...'.'........,.,':'-.'" '.', ','.',', . f" "._. .".. . '", ,_r,,· .. ....,' ,., . _. ,_' '.". 'I""~". 03219ZS 000200 (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and admÌIústrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electroJÙC tefllÚnal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an accoWlt. Such term includes. but is not liu)jted to, point-of-sale transfers, automated teller machine transactions, transfers iJÙtiated by telephone, wire transfers, and autornated clearinghouse transfers. (K) "Escrow [terns" !neans those items that are described in Section 3. (L) "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) condem.1U\tion or other taking of all or any part of the Property; (üi) conveyance in lieu of condeuIDa1Íon; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scbeduled amount due for (i) prindpal and interest under the Note, plus (ii) any amounts under Section 3 of this Secw:ity Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R.. Part 3500), as they might be amended from time to time, or any additional or Successor legislation or regulation that govenlS 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. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has I ssWl1ed 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 covenauts and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the i I COUNTY of LINCOLN I I [Type: of Re:cordiug JurisdiclÍon] [Name of Recording Jurisdiction) LOT 93, RIVERVIEW MEADOWS SECOND ADDITION TO THE TOWN OF ALPINE WITHIN THE SE 1/4 OF SECTION 30, T37N, Rl18W, ACCORDING TO THAT PLAT FILED JULY 2, 1993 AS INSTRUMENT NO. 767416, COUNTY OF LINCOLN, STATE OF WYOMING , This is a 1st real estate mortgage recording concurrently with a 2nd real estate mortgage in favor of National Bank dated August 28, 2006 in the original loan amount of $53,850.00. WYOMING--Single Family'-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 2 of 13 DocMaglc er~ 8CJO.64S-1362 www.docmllgíc.com '. - ....,', ..'.-,-..,..."...,.......,.. .'".'..,..';',,->-'~:,,:-" ""'""'~...... "'""'....,.._ "'_:"'''.'''''''~ """,,,~,,...,. '"J. .., .'....,.,.,¡..-".,......-............,.,...."...., ., .......,:.~......,.,..~.....,..... .-,.,__:--:;,..'..,......"""""r.J..-.,,'..~... :~"'-. ·,YO....' '...-.p."."'>."_.."",,....,~-:,. .' .;0.' ~'." .-.....~......,...". 03Z1~~S which currently has the address of 480 RIVER VIEW DRIVE 00020:1 ALPINE (Street] , Wyonúng 83128 (Zip Code] ("Property Address"): ICityl TOGETHER WITH all the improvemems now or hereafter erected on the property, and all easements, appurtenances, and fix,tures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is Unencumbered, except for encumbrances of record. Borrower warrants a,l1d will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for natiotlal use andllon-uniformcovenants w.ith 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 latc charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and ùI.is Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of £lIe following fonus, 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. i Payments are deemed received by Lender when receive~ 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 insufticient to bring £lIe 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 payu;lents 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 tinie, 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 wIder the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in tbe future against Lender shall relieve Borrower from making payments due Wlder Ùle Note and this Secur,ity Instrument or perfornùng the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, aU payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due WIder the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other alllounts due under tins Security Instrument, and ÙIen to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due. tile payment may be applied to the delinquent payment and the late charge. If more titan one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repaymel1t 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 WYOMINGhSingle FamilyuFMnie MaeiFraddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 3 of 13 DocM"9lc ~ 800·649,1381 www.docmllglc.com ~illRilir~ml~jmi t¡~mmi~mi~f~¡2: mW1m¡¡~Wrilfm . O:··.·¡·~¡.~~'"'.'!..If."~;·'·,·¡"O~·,~· ,·,·,,·'>·~U:~"~~r_:<,I:';"",~~:·,'· ;',";. '':'_'_~__'.':.''_''--.' ". ',.<., ".',< ';_~.......,!:lk¡.~' ;,' . . ,~.i,,,,,'·'.·.·,,-*-~'.·.·~·';""''''·'·~''··1·' '-.' ,"~ ""·t:''''_~'';..r-''!':~~I"I'I'-''::'''J-:'''·a.t.··p".),,;,,·,·¡.., , . ,'. ,. : ,;',/~¡' J~.tj"",,.';L'';- .;., " ,-. _" - ': :",' ;--~ !';, '_ -: ,! ~~'~"', '.;;:.~..;.. . U3Z1~j25 000202 be appJied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. AllY application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall 110t extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fnnds for Escrow Items. Borrower shall pay to Lender on the day Periodic 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 item.~ which can attain priority over this Set."Urity Instrument as a lien or encumbnmce 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 premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that CommulÙty Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shaH 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 I tems at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shaH 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, shaH furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipl" shaH for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay EsCTow Items directly, pursuant to a wai ver, and Borrower fails to pay the amouut 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 I tems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate tbe amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or ot!1erwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality. or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shaH apply th~ Funds to pay the Escrow Items no later than the time l>-pecified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, uIÙess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless;m 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 eamings on the Funds. Borrower and Lender can agree in :writing, however, that interest sh¡úl be paid on the Funds. Lender shan give to Borrower, without charge, an an.imal accounting ofilie Funds as required by RESPA. I 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 RESP A. I f 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 £he 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 underRESPA, Lender snall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fun of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lenper. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the WYOMING,·Single Family·-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 4 of 13 DocMsg/c ~ 800·649.1362 www.áocmagic.com \\¡..1f1CI.....I.. . :, '..:..', ....... ""-'V''''~''.:. ., .-,.,'.,.,.;.;.............,... . ..,·",....._.~:,""'·'-":·n."'..~"'. ":··!nJ:~·.·' '.;'.(' ..¡ ,. ·.·,..·,-.--¡·4· :.·.·i'...:¡·IY-.'·'··,.·,....·.·,...ç,··,...'¡~j: :;·.~':I:' ., 09~192S 000203 Property, if any, and Çommut1Ìty Association Dues. Pees, and Assessments, if any. To the extent that these items are Escrow Hems, Borrower. shall pay them in the manner provided iu Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mamler acceptable to Lender" but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or de feuds against enforcement of the lien. ill, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedulgs are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreen,eIU satistàctOTY to Lender subordinating Û1e lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifYing the lien. WiÛ1in 10 clays of the date on wmch that notice is given, Borrower shall satisfy the lien or take one or more of tile 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 com.1ectio;n with this Loan. 5. Property Insurance. Borrower shall keep Û1e improvements now existing or hereafter erected 011 the Property insured against loss by fire, hazards included within the term "extended coverage, " and any other hazards including, but not limited to, earthquakes and noods. for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be cbosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrowerto pay, in connection wiÛ1 Û1is Loan, either: (a) a one- time charge for nood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent cllarges each time remappings or similar changes occur which reasonably might affect such. determination or certification. Borrower shan also be responsible for the payment of any fees imposed by the Pederal Emergency Management Agency in cOlUlection with Û1e review of any flood zone deternúnation resulting from an objection by Borrower. If Borrower fails to maintain any of Û1e 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 ill tlte 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 Û1e cost of the insurance coverage so obtained nüght significantly exceed tlte cost of insurance that Borrower could have obtained. An)' amounts disbursed by Lender under tltis Section 5 shall become additional debt of Borrower secured by tltis Security Instrument. These amounts shall bear interest at Û1e Note rate from the date of disbursement and shall be payable, wiÛ1 such interest, upon notice from Lender to Borrower requesting payment. AIJ 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 Û1e 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 oÛ1erwise required by Lender, for damage to, or destruction of. Û1e Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. 111 the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made prom}>tly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds. w4eÛ1er or not tlte underlying insurance was required by Lender, shall be applied to restoHltion or repair of the Property, if Û1e restoration or repair is economically feasible and Lender's security is not lessened. During SUcll repair and restoration period, Lender shall have Û1e right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as Û1e work is completed. Urness an agreement is ÚJade in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other Û1ird parties, ! I II WYOMING--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 5 of 13 I Dor;Mag/r; ~ 800,649,1362 www.doomagíc.r;om I ; @I¡~i~¡@ ~~~~¡rilim~mit ~!m~~~m1 ~TG::;¡~¡~¡:~¡¡m ".,.,01. ',1..,1"1 ·...,.:<I'.,.;~a;~J.I";.;.;"'¡.,.ir..n..___~_1a~:..;ä>.is..~..,.... .."':'p'i"~;:,,.....,,.,.~~~,. '.', ..;:.'.·..".,.,,"-.;'..,<:.;.;.:.~f;CO:I:.;.:.;.¡.t '..__,' ."...'< ·'.'·,.........~UIk'r.·'fI!~W'I.."'"'..·.'~·.H~;1t""'~·:.,..-,·.:..· . ··'.':",··'.-'__l!'.""-'d'~m,~!¡f~"..,..·_" ~'.;¡".:-'..1". . :"~¡'.'J~;',', O~JZ1925 000204 retained by Borrower shall not be paid out of the insurance proceeds and shaH 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 appJied to the sums secured by tlns 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 tile, 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. tlleJl Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In eith.er event. or if Lender acquires the Property under Section 22 or otheIWise, B<?rrower hereby assigns to Lender (a) 8orrower's rights to allY insurance proceeds in an amount not to exceed the amounts unpaid under th.e Note or this SecurÌ£y Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiwlls paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to tlle coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution ofdlÌs Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least aIle year after the date of occupancy, unless Lender otherwise agrees in writing, which COllsent shall not be unreasonably withheld, or urness extenuating cir(.:umstaoces exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whetller or not Borrower is residing in tlle Property, Borrower shall maintain the Property in order to prevent the Property from deterionning or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. [f insurance or condemnation proceeds are paid in cOlUlection with damage to, or the taking of, tl]e Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Ìl~ agent may make reasonable entries upon and inspections of the Property. If it llils reasonable cause, Lender may inspect the inte.rior of tlle improvements on the Property. Lender shall give Borrower notice at the time of or prior to suc1] an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if. during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or \\itll Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with IU1Iterial information) in cOJUlection with the Loan. Material representations include, but are not limited to. repre-~el1tations concen~ng 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/orrigbts under this Security Instrument (such as a proceeding ill bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which lU1Iy attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security ]nstrument. including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions caninc1ude, 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 il~ interest ill the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is IIOt limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions. and have utilities turned on or off. Although Lender may take action WYOMING,-Single Family·-Fannie Mae/Freddie Mac 'UNIFORM INSTRUMENT Form 3051 1/01 Page 6 of 13 I I I I DocMBglc ~ 800-649-(362 www.docm~gic.com U:..'af\(I....'.. \\"v'V1'\1 InlD i ! I ' , I . '.' .....-..'.. ...........,.. ".',' ..... ''''~'''''''''''''' ....~ ..,.....,...,.".,..> "'\ ..--;,..~...,:.,., . .~ , .,..........~:....~"'.- I I I ...'...,..-............................ ,..~.,·..·c~,·_·,"'I'-_......,.....,...-··,.,,"',.'.',...r_!';¡·'.,.,...· o..'."'·.."··.";.·"'.. ·!,.....·..·.·.....,.. 0921925 000205 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 become additional debt of Borrower secured by this Security lnstrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. J O. 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 InsuraJJce coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make sepanltely designated payments toward the prenúums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage subslantiaIJy equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is uot available, Borrower shall cominue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect, Lender will accept, use and retain these payments as a non-refuudable loss reserve: in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwiilistanding the fact tI}at 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 ilie 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 [nsurance. If Lender required Mortgage Iu..';urance 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 prenúums required to maintain Mortgage Im;urance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for suel} termination or until tenmnation is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligationto pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity iliat 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 witl} other parties tlmt s.hare or modily their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these a1,'Teements. 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 agreement~, Lender, any purchaser of the Note, another insurer.' any reinsurer, any other entity. or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangemeut is often termed "captive reinsurance." Furtller: (a) Any such agreements will not affect tbe 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 tbey will not enHtle Borrower to any refund. (b) Any such agreements wiII not affect the rights Borrower bas - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include tbe 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 tbat were unearned at tbe time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. AJI MisceJIaneous Proceeds are hereby assigned to and shall be paid to Lellder. WYOMINGhSingleFamily--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 7 of 13 DocMøglc~.AJI: 800-649,1362 www.docmilgic.com ~~Ælli~m~j ;:~:;¡~~::l~i:¡!~¡:!!~ ~:,:.:tN,:,:·:·:·:,~·~j \\1..1(\(1...1.. .......,...............,......'. ..........,..~....,......... ".....~"__.......,.. ..¡~a...:.J·...:...U"·,,.....·....-·'''·I·;:··' ".- ...,...,..'...........;.r";'. ......, ,'·,.·;,·....·.·,·.:iT.~.··;;. U3:G:t~1ZS 000206 i I I If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, i(thÿ 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 en.sure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progre¡;s payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration. or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such MisceUaneous Proceeds shall be applied in the order provided for i.n Section 2. I n the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shaH 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 market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Llinder otherwise agree in writing, the sums secured hy this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) tlle total amount of the sums secured itmnediately be;fore 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 the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before tbe parrial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, tbe Miscellaneous Proceeds shall be applied to the sums se(:ured by this Security Instrument whether or not tbe sums are thell due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender widlin 30 days after tile date the notice is given, Lender is authorized to collect and apply dIe Miscellaneous Proceeds either to restoration or repair of dIe Property or to the SWIlS se<..'Ured by this Security Instrument, whether or not thèn 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. Borrower shall be in default if any action or procl."eding, 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 dIe action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of tbe Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. AU Miscellaneous Proceeds tb,at are not applied to restoration or repair of tile Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of tlle time for payment or modification of amorti~itiOll of the SUlns secured by this Security Instrument granted by Lender to J3orrower or any Successor in Interest of Borrower sha1l11ot operate to rdease the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Insttument by reason of any demand made by tbe original Borrower or any Successors in Interest of Borrower. Any forbeanmce by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less thau the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. ' WYOMING--Single Family'-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 8 of 13 DocMagfc ~ 800·649· 1362 www.docmagíc.com .. .,...,..._......,..~,.......,.,...=.,-=.......~......~"'.,"'-,., '-"".«',.---"'''' , .,..-"':......,........- ~ ~., ., .' ........................._..:~ , ··,~·~_.....Jr<=·.....-·.,·.,...=..·...""...H_·......;,.,·........·...~. ., P"..l 0->10·:Jt r-' "'.J-Jr.." ,,1""J 000207 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowercovenants and agrees mat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, gr.wt and convey the co-signer's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay me sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to ex.tend, modify, forbear or make any accommodations with regard to me terms of this Security Instrument or the Note wimout 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 ill writing, and is approved by Lender, shall obtain all of Borrower's rights and benetits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument ulùess Lender agrees to such release in writing. The covenants and agreements of this Security lllstrumeJlt sh;¡Jl bind (except as provided in Section 20) and benefit the successots and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and right" under this Security Instrument, incJuding, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absente of express authority in this Security Instrument to charge a specific fee to Borrower shallllot 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. I If the Loan is subject to a law whic11 sets maximum loan charges, and that law is finally interpreted so that the I interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, theh: (a) any such loan charge shall be reduced by the amount necessary 1.0 reduce the charge to the permitted limit; and (b) any SunlS already collected tTom Borrower which exceeded pennitted limits will be refunded to Borrower. Lender lnay choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refµnd reduces principal, the reduction will be treated as a partial prepayment without any prepayment cllarge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of sucþ overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrowerin connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Ndtice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires omerwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting BOITower's change of address, then Borrower shaH only report a change of address through that. specified procedure. . There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection 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 wilI satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shalI be governed by federal law and the law of the jurisdiction in which the Propeny 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 dIe panies to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in dus Security Instrument: (a) words of me masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Horrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 9 of 13 DocMagfc ~ 800-649-/362 www.docmélgic.com \\'.."1"'1;.""'" :1ill~1~ili¡~) ~~!!!m¡¡fI~mm¡!m*i f::::~::f:::::~¡:~::': 1~~ ?'.I,·t·I'~·'·;·' ."-,~"~,,.-,, -,.' ....-.~",'.~_...,. ", '" ",-",.",...1''''''""10..,,,,. 1·.· .';..·¡·..·.c....:~::oI',,· ~....~~X:,=..·..""'.;.U.'l··~;. .. .:.c:n;)... .'......,.... ,.',,~'.t"..I!"~~ ":. . ...' ',', I ,_.>_..',....~..........J.!......... ,·_.:,.¡'...~.J!..C.;?!~.~........."£,;.M.;,;:u'".~......"" :"3t'tJ;>-..h."".......\"'..í-.¿.... -' _ ~~' ',,' ., .,~_...:' :.-'j-O~er:. .~r" 'I '~,.__-;..;;:'~'" ..:.; ,,,' ~. ':;";,.';~ ~,~ ,. ....~<r.t:;.¡.:. .~.,' .:..! 0321~~5 000208 18. Transfer of the Property or a Beneficial Interestin Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of whic11 is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is nota natural person and a bene.fidal interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by t1ús Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender s11alI give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. !fBorrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrowe,r shall have the right to have enforcement of this Security Instnunent discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuaut to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law IIÚght specify tor the terlIÚuation of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other coveuants or agreemeI!ts; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure 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, shaH continue unchanged. Lender lJIay require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (3) cash; (b) money order; (c) certitied check. bank check, treasurer's check or cashier's check, provided any such chec" is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or end ty; or (d) Electronic Funds Tmnsfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as iJ no acceleration had occurred. However. this right to reinstate shall not apply in the case of acceleration under Section] 8. 20. Sale of Note; Change of Loan Servker; NotIce of Grievance. The Note or a partial interest in the Note (together with this Security In$trument) can be sold olle 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 InstnlIDent and perfonns other mortgage loan servicing obligations under the Note, t1ús Security Instrument. and Applicable Law. There also might be one or more changes of the Loan Servicer umelated 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 infonnation RESP A 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 LJan 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 !Day commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until sud1 Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section] 5) of such aUeged breach and afforded the other party hereto a reasonable period after the giving of such Ilotice to take corrective action. If Applicable Law provides a time period which must elapse betore cermin action can be mken, that time period will be deemed to be reasonable for purposes of t1ús 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 Sectipl1 20. WYOMING·-Single Family·,Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 10 of 13 Doc"'.glc ~ 000-649./362 www.docmagic.com U,'"V'I(I...I.. ,,,..'1f'o<I...ln ", " ", ~f~'!~U:'~'~·"': 1:~~Ln :: .':'·;:U:::':~ ~ ~:. t~" :,"':', :.. 't: ..¡" _;' _ :<'.; ¡¡. ' t', '.; :,._ :.. .'."'. . .,". . ,"'~:¡""";,:;..··.,.'·,'.....r..·.....·.·.......·.·,-~ ··.·.....-<.;r~_I· ·\:"·'W:~;r:I¡;~Ir"·'-W'''-_·.'r''''''''''·;'· ·:·.I:·:'TI"I";4_·...· .,,"\ ····"'··,·.:..;'1:1:.:".·.,.;.:.....';,' r"qr~1(:},"~-C: ,,J '-i A4 \;" ~ ,.., 't...I 000209 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 fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and la ws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviromnental Cleanup. Borrower shall not cause or pemlÌt the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release atJY Hazardous Substances, on or in the Property. Borrower shall not do, nor aUow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Couditi,on, or (c) which, due to the presence, use, or release of a Hazardous Substance. creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to n,ormal residential. uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall pwmpt!.y give Lender written notice of (a) any investigation, claim. demand, lawsuit or other action by any govenunental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by Ùle presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any gnvernmental or regulatory authority, or any private party, that any removal nr 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 Enviromllental 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 Lnw provides otherwise). 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 Ε‘ale of the Property. The notice shaH further infonn 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 'emedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. ! If Lender invok~ the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the pefson 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. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation cost". Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. WYOMING--SíngJe Familv"Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 Page 11 of 13 DocMaglc ~ 800·649·/362 www.docmagic.com 1~¡~~~~m~~¡~!~~~i~ ':~1~i::~~ ""'I'.""','!.',I . ': ';'.',';!.i'¡'i!lõ!;' ,', I, I,' ,',". '1',', 'í~,' .~ ;~,..t. ','jJ; "<1, ""~;"t' ",~ ""~' ',_,;:.: ,.,;.~, ',. .,¡ ..c~ :ë i: ¡,; ',': ..;,:~ ".."'¡~. . f ,. ;.-. ,·,'·.;.:.:I:.u=I;.;.;..·..¡..·. "; _,"-1."','. ':':'-"!:1i·~".r"iV.-:!.L."; flJ, ".- ,', ·'""."11· ·'.':·~; .,:;~! ;,,';"'~' . . .,.,,,....t: ',-! _¡;.¡.I..~.',h~!;~.:~')",.·. ~,..-"~';;~.:.. _ ,;., .,.........!:...,'....'. .. ;'.' O~;¿l..~~S 000210 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemptioll1aws of Wyoming. BY SIGNING B~LOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seal) -Borrower ~RE~~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower . (Seal) -Borrower Witness: Witness: WYOMING-Single Family··Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 12 of 13 DocMilglc ~ 8(J(}.649·f362 www.docmagic.com .. '" ,...-.....~......~.."...."'!.-........... ...-.........~.....~"..................,.".-.._, . . ¡.. . -. ·-.....,.,..,T·.~·"...- " ............................,, , '."" ..."'---_....-,.......,.._"....,:""...~..:__...,.. .....,.- ..... ~ '.;.'. ....,.......-...,.. ..' "'~" ',"'" ,'. ". . -". .....;.. .-. . 0321S2S 000211 ISpllce Below This Line For Acknowledgmentl State of Wyoming County of T~.-TZ::)Â.) ) ) 5S. ) The foregoing instrument was acknowledged before me by ERIC R. GREEN, JAYNA E. GREEN this Q..J:b 'f1\ day of Av f&' cJ ") tf ( -u; 0 ¡:;" Wiu1ess my band and official seal. [ ,~ , -. -, ...... KAflEN T. WYUE . NOTARY PUBLIC '1 , County of State oJ ~ Uncoln Wyoming \ ~~y~ (Seal) +=~.~ . Notary Public ~<l.1-1 r;'. Wyr;e Print or Type Name My commission expires: (Ò (-r I ¿,.[) C) / ¡ I I I WYOMING·,Single Famíly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 13 of 13 DocMagic ~ 800-S49,/362 www.docm·9ic.com ¡;ll~~~~~irj!