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HomeMy WebLinkAbout923035 Cí 0 I \ 1 Ÿ J. í{ I:::Þ:::::::::~::::::~ !:i:::~:!:~:~',,:·:·::: '.'~~~--.~.____'-'-"-'-'_'__''-'''''' ''''-''''';'---'-0..-..' ~,'~ -'"'_.." '''-''-''. ""~'-'" .... SfJ' 00073~ Return To: Republic Mortgage Home Loan., LLC 4516 South 700 Ea.t '300 Salt Lake City, OT 84107 RECEIVED 10/3/2006 at 4:29 PM RECEIVING # 923035 BOOK: 635 PAGE: 736 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared By: Jamie S. Cook 714 Main Street Evan.ton, WY 82930 ISp- Abo\'e Tbls u.e FDr Renrdlal Dati!l MORTGAGE DEFINITIONS LA Words used in multiple sections of this document arc defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16, (A) ''Security Instrument" means this document, which is dated September 28, 2006 together with all Riders to this document (0) ''Borrower'' is MIKAL HYDE, An Unmarried Man Borrower is the mortgagor under this Security Instrument. (C) ''Lender'' is Republic Mortgage Home Loan., LLC Lender is a organized and existing under the Jaws of Utah R-330HYDE7020187 7020187 WYOMING-Single Family-Finnie MII/Frlctdlt Mlc UNIFORM INSTRUMENT Fonn 3051 1101 at -ICWY) (0005).02 PIgtI'.,15 InKIaIa: ø#' ValP ".It,... S.lutlonl, Int. ....-_.__.··.;..:..L:..'.:.;..-_-~ ."'- z,·,_·~·~"1'-~III... - -..__......'.;,,~:,..,,;,,--.:_~c~:s::.~"-:.::"I'ið;,.'i:..~.,~-.: ·-,:!,.,·,·_·'·..."_1;'O~...-.!'·· .··^~·~..---.a~'t2'II'tf~A:Vt.'-.:·,;...·-_..'·.,.;.-'T·:.''f;'r: . ....." _J .:t,..~..;o;~..',~.1T.'.". ,_."'.' ';',-'~"'4~':" 000737 i)9~3035 Lender's address is 4516 South 700 Ea.t '300 Salt Lake City, UT 84107 Lender is the mortgagee WIder this Secwity Instrument (D) ''Note'' means the promissory note signed by Borrower and dated September 28, 2006 The Note states that Borrower owes Lender One Hundred Ninety Thou.and and 00/100 Dollars (U.S. $190,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2036 (E) "Property" means the property that is described below under the heading ''Transfer of Rights in the Property, " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all swns due WIder this Secwity Ins1JUment, plus interest. (G) "Riden" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider 0 Condominiwn Rider D Second Home Rider o Balloon Rider 0 Planned Unit Development Rider 01-4 Family Rider D VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of Jaw) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees. and AssessmentJ" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominiwn association, homeowners association or similar organization. (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 electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of.sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I<) ''Escrow Items" means those items that are described in Section 3. (L) "MlsceUaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid WIder the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insunncelt means insurance protecting Lender against the nonpayment of, or default on, the Loan, (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts WIder Section 3 of this Security Instrument. (0) ''RESPA'' means the Real Estate Settlement Procedures Act (12 U,S,c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F,R. Part 3500), as they might be amended ftom time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to aJl requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan docs not quaJifY as a "federally related mortgage loan" under RESPA. R-330HYDE7020187 at-t(WY) (0005).02 p... 2 01 15 I_I:~ 7020187 Fo"" 3011 1101 ~:iliiImi~~ f··:;;~¡!i~~fr:-: : : ~::: ::;:i:::::¡;:;::: ",.,ô",·,-,'t . .........-.-.....,. .",:¡. ~....:J,......... 000738 :J)S~303S (P) "Successor iD IDteftSt of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Secwity Instrument. TRANSFER OF RIGHTS IN 11Œ PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewaJs, extensions and modifications of the Note; and (ii) the perfonnance of Borrower's covenants 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 lO<:ated in the County of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTATCHED LEGAL Parcel ID Number: 12-3419-14-4-01-006,00 620 HEMMERT DRIVE THAYNE ("Property Address"): which currently has the address of [Street] [City], Wyoming 83127 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appW1enances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Secwity 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 and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jwisdiction to constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this R-330HYDE7020187 ,~/ 7020187 Inlll"'": .ø~ q.¡(wy) (0005).02 Poglhl15 Fonn 3011 1/01 , ,"~.:c.-.'.'."'._... <'-.c'-'-!,'-,.·......",..,.·~ , '.""""" .........;00.....-....._. .-,~".._...,,~.;.,.-. .,-~... ".....,~,', ...., '., Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fonns, as selected by Lender: <a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cUlTent. If Borrower docs not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower, If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under 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 amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment is outstanding, Lender may apply any payment received trom Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. BolTower 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 items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) . premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance 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 tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by BOlTower, and such dues, fees and assessments shall be an Escrow Item, BolTower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items wiess Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time, Any such waiver may only be in writing, In the event of such waiver, BolTower shall pay directly, when and where payable, the amounts R-330BYDE7020187 'nIIiI'·:M 7020187 fit.. (WY) (0005).02 PII.4 0115 Form 3011 1/D1 ·i;.:{I~;;m¡¡¡![~: ..-....,.._.;0;.......... 00073~ .)~j~:J03S [§;;¡::;F;T;:,r-;¡i , ,f.I,' j' 'I', tll~ ,', - ,~. ,c.'; ,~!,¡~: "~ i',',:; ~~"" f;~:;:::i*F~'t¡:~ "I'·II~~.'~'" " ..... ·-~~~c;:¡:,,!;J.,;,_:,_,,:_, ....-...t:r.&:.:it:,..:t'>;. ·..~;fI!."'.'·..:,,'-,!'t.:>'.I","i",..,.·,.',.,·:~. . ;' !.'!......,....:..:,., I '" ',' '.............., '; 00074~ ','): ~tØ). ·lO <") ~ ... ~.~ u.¿¡ due for any Escrow Items for which payment of Funds has been waived by Lender aitd. if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or aU Escrow Items at any time by a notice given in accordance with Section 15 and. upon such revocation, Borrower shall pay to Lender all Funds. and in such amounts, that are then required under this Section 3, Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits 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 amual accounting of the Funds as required by RESP A. 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. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shal/ notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Cbarges; Uens. 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 Property, if any, and Community Association Dues, Fees, and Assessments. if any. To the extent that these items arc Escrow Items, Borrower shall pay them in the mamer provided in Section 3, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcemenJ of the lien while those proceedings arc pending. but only until such proceedings arc concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the R-330HYDE7020187 CIt-lIWY) (0005).02 PIUO 5 .f 15 Intllo." ';I'?/ # 7020187 Form 3011 1101 ·,·,·.·.:.·I~:I~.:....:... . , . '. -. ',';1a''¿''.¡A,: '", ~, \-1',. "- ~.,I' ,It::;;-~,..,', ".,.,~, ",~.;:.,r¡'"'j.,..!.,.,¡",.,, ",':'\.= ~t!;>;.;,¡.:\~~..~: 000741 :¡)9~"}O·· - ~ \..I \j~, lien, Within 10 days of the date on which that notice is given, Borrower shall satisty the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, 5. Property msuraace. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amowtts (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 shaU be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detennination, certification and tracking services; or (b) a one-time charge for flood zone detennination and certification services and subsequent charges eaCh time remappings or similar changes occur which reasonably might affect such detennination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting fi'om an objection by Borrower, If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is wder no obligation to purchase any particular type or amowt of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbW'sed by Lender Wder this Section 5 shall become additional debt of Borrower secured by this Security mstrument. These amounts shall bear interest at the Note rate fi'om the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender' 5 right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such 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 the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for pubfic adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with R-330HYDE7020187 fIIt-8(WY) (0005).02 POOl' ., 15 lnitlale: '71'/# 7020187 Form 3011 1101 ':;:¡:~~;:::::~:;: '~~Æ;::~: ~~~WiI~ ~:::::tr::::::::;::::::¡ ·.'...........3.....,. ,'-' ~~~.":I:T.a:rL·cï:'?.oomt~."·I·~.-:¡~i'.r'J.IJII"..',· ,~,...1'.~-..-~",;..-.r:,.':.,_';, -..,,~.".;."'~;~~"',.. '-c·..,.·.,,·-:.:I·.:;:t:"~ój.¡, ,:"'J"~¡,,..,,~,o(.\f~:_~""¿¡;"''ØIb;~·t~;;,j'·.,'¡;c,,·,:, "-./,' ': ·i'l·,,·...'i!i·iI~I·~",'..: ...,; ,0 .;1-;,.....;r;:...:.. 000742 i)3:¿JOJS the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice fÌ"Om Lender that the insurance carner has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and sha1l continue to OCE:upy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection or the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property ftom deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in coMection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration, Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifYing such reasonable cause. 8. Borrower's LoaD Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, 9. Protection of Lender's Interest iD the Property and Rights UDder tbis Security InstrumeDt. If (a) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and!or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over 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 Instrument, including protecting and! or assessing the value of the Property, and securing and! or repairing the Property, Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instnunent; (b) appearing in court; and (c) paying reasonable R-330HYDE7020187 at-l(WY) (0005),02 Pogo 7 01 15 InIIloI&: /?/ ~ 7020187 Form 30151 1/D1 .'.."'.....~,_..-.........,-. . ."'.,."""",',..",--.~'.--'--' ...................,... .-....,..,.-..,,,,,,..- ..... ...~ .-.....,.'. ,. ... 00074:1- :J9ZJOJS attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water trom pipes, eliminate building or other code violations or dangerous conditions, and have utilities tUmcd 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 disburscd by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lcase. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Ihsurance, Borrower shall pay the premiwns required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, trom an alternate mortgage insurer selected by Lender, If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shaJJ not be requircd to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtaincd, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shaJJ pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modifY their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive trom (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 arrangement is often termcd "captive reinsurance. " Further: <a> Any such agreements will Dot affect the amounts that Borrower has agreed to pay for Mortgage Insunnce, or any other terms of the Loan. Such agreemeats will not increase the amount Borrower will owe for Mortgage InsunDce, and they will Dot eDtitJe Borrower to aay refuDd. R-330HYDE7020187 CIt-l{WY) (0005).02 P_ . 01 15 ': ;'l~~~~m~ilm~ IniIIeII: :7?/d 7020187 Form :S051 1101 ,...........--.. . 00074'4 )9;:;jOJS' (b) Any such agreements wDl not affect the rigbts Borrower ba. - If any _ with respect to the Mortgage Insnraace under the Homeowoen Protectioa Act of 1998 or any other law. These rights may include the rigbt to receive certain disclosures, to request and obtain caBcellatioD of the Mortgage Insurance, to bave tbe Mortgage Insurance terminated automatlcaUy, and/or to receive a refund of any Mortgage Insuraace premiums tbat were uDeamed at tbe time of .uch cancellattou or terminatioa. )). Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, If the Property is damaged, such Miscellaneous Proceeds shaU be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or 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 Miscellaneous Proceeds shall 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 shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, In 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 Lender otherwise agree in writing, the sums secured by this Security Instrument shaJl be reduced by the amount of the Miscellaneous Proceeds multiplied by the following &action: (a> the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount 'of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the 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 proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. R-330HYDE7020187 cmt-l(WY) (0005).02 P",.IDI15 InMIDI.: ~,ð 7020187 Fonn 3011 1101 :···.."""..--.'.·~·P...~·...._·.""'.·.....-·,·._----_..~,"'-... '.,' _''''._. ~.'.' ...,... ,.._.....__._,., ' .,.,............-....."...,.., c.._...·__..",,-.._.......__.""."'. ',..." ~"."....... . .~.. OOO~4.~ [)9:<:3035 12. Borrower 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 granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Boqower 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 Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments ftom third persons. entities or Successors in Interest of Borrower or in amounts less than the amoWlt then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Several Liability; Co-siguen; Successors and Alsigus Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several, However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modifY, forbear or make any accommodations with regard to the 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 assumes Borrower's obligations Wlder this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits Wlder this Security Instrument. Borrower shall not be released ftom Borrower's obligations and liability Wlder this Security Instrument WlIeSS Lender agrees to such release in writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees. property inspection and valuation fees. In regard to any other fees. the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law, If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amOlmt necessary to reduce the charge Co the permitted limit; and (b) any sums already collected fTom Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing, Any notice to Borrower in connection with this Security InstnJment shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to aU Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure, There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein Wlless 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 will satisfY the corresponding requirement under this Security InstnJment R-330HYDE7020187 CIIt-t(WY) (0005).02 poge 10 of II ::S*~~~~ilij InI11*: '7'7/,# 7020187 Form 3051 1/01 (J~. ¡.r;..........,."..~ .-,r ,-",!_..,.",; ,h ,:: ',L+:~~:.:;! Ii.. LÙ".. " .....................,.,. ," ,,,..-,--......- OOO?4~ 16. GoveraiDg Law; Severability; Rules of Coastructioa. This Security Instnunent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instnunent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contraci 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 this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of tbe Property or a Beneficial Iaterest ia 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 bencfkial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer oftitle by Borrower at a future date to a purchaser, lfall or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all smns seclU'Cd by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fium 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 smns 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 ReiDstate After Acceleratioa. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instnunent; (b) such other period as Applicable Law might specify for the termination 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 covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instnunent; and (d) takes such action as Lender may reasonably require to BSSlU'C that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the smns secured by this Security Instnunent, shall continue unchanged. Lender may require that Borrower pay such reinstatement smns and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower, A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Serviccr, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA !)9ZJOJS R-330HYDE7020187 cmt-I(WY) (00051·02 POGe II 01 15 InilNoII:~.# 7020187 Fonn 3051 1/01 ".........,.;...........,....".,..,.... ..."'.........:.-..... ....., ;.,'~.__·".·n>:;'_'¡....,._·,·,·;·.,'_ -!:~".;-' . . .....~...~.... ',' ..... .....~~.......~.:" ",-, OOO?4~ requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and ate not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises fÌ'Om the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfÿ the notice and opportunity to take corrective Betion provisions of this Section 20, 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jW'isdiction 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 defmed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, BolTower shall not cause or penn it the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnaI residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). BolTower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence. use or release of a Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obligation on Lender for an Environmental Cleanup. J3<:303<:'- ~ R-330HYDE7020187 CI/t-l(WY) (0005).02 Peoe 12 01 15 Inll.' '?f!'.# 7020187 Form 3051 1/D1 "'··R·:'I!j;!:r.:·:~'; ,:';.... ?.I.~'.,... ::~.::,..~&;~~, ffl~lillIillF:! {,:·.·!iw"." ';"".' l'···~t !j~;~::' '7¿:':;:a ''',"·'':~·_·'·.~.·:·:·--=-U·J''-:¡''·~''''''''.I.!'·I'''·(.OO:~''_:'~·'''''''''.';··,.¡. . .. ..............-....,....,' .. ........~~,'t;.~.;..."".,~;;;~,,>.:,,"-..- :0;', ',- ". ~_ ...,!/." ".,.. ..' ;¡'J ; -. .,.. - ......:"...'. . ·O"";·t!.;o '- "i.~.' OOO?4R )3~.~;¡ . ... "-~O .'(.. . \.Jv NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; RemecUes. Leader shall¡:ive aotice to Borrower prior to accelentlon foll.wing Borrower's breach of any covenant or agreemeat in thil Security IDstrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). ne notice Ihallspecify: (a) tbe default; (b) the action required to cure tbe default; (c) a date, not less than 30 days from the date tbe notice Is given to Borrower, by which tbe default must be cured; and (d) that failure to cure the default on or before the date Ipeclfied in the notice may result in acceleration of tile sums secured by tbls Security Instrument and sale of the Property. The notice shall further inform Borrower of tile right to reinstate after acceleration and the right to bring I court action to auert tile non-existence of a default or any other defense of Borrower to acceleratio. aDd sale. If tbe default Is Dot cured OD or before the date specified in the notice, Lender at its option may require immediate payment in fuD of all sums secured by tbis Security Instrument witbout further demand Ind may invoke tbe power of sale and any otber remedies permitted by AppUc:able Law. Leader shall be entitled to collect all expenses incurred In punuing the remedies provided in this Section 22, including, bnt not limited to, reasonable attorneys' fees and costs of title evidence. If Leader invokes the power of sale, Lender sball give notice of Intent to foreclole to Borrower aDd to the penon In possession of tbe Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower In tbe manner provided in Section IS. Lender sball publisb the Dotice of sale, and the Property shall be sold in tbe manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any lale. ne proceeds of the ¡ale Ihall be applied in the following order: (a) to all expenses of the lale, Including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security InstrumeDt; and (c) any excess to the penon or penons legally entitled to It. 23. Release. Upon payment of all sums secured by this Sccwity Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs, Lender may charge Borrower a fee for releasing this Security Instnnnent, but only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law, 24. Walven. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. R-330BYDE7020187 CIt-l'WY) (0005).02 p... 13 ., 15 InMWa: ;Ø# 7020187 Form 3011 1/01 'OOO~4~ J9ZJOJS BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~~ MIKAL HYDE (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower R-330HYDE7020187 7020187 CIt-l(WY) (0005).02 POV- 14 of 15 Form 3011 1/01 i~illl~]f~~j w"'::;¡;:;;;;¡¡;;c::;' f",','i1bNf.':';"','_' :!;n:::;·~·:·:<·;:;>; r:·;·:·:;~~·:': ft:·:~ ~'~~~:'.':'~~I:': .._.,--~ - .,... - .._- - . . .._._.~--_..__.... --..---..-.....-. . .. ---...-....---.--..... STATE OF WYOMING, 'C007S0 i/J!J;:. · \JOJ~"' ...,¿" Lincoln County II: The foregoing instnunent was acknowledged before me this 28th day of S~ptember.. 2006 by MII<AL HYDE My Commission Expires: :::f!~ /~ Ny~ lOœ '9~ 1des S8Jldx3 UOISSIWWOO ÅW ðufwOAM. u CJ:)Un JO 8¡8¡S . JO .(¡unoo onBnd AHVlON . SI:I3AS 11 WlO1Ð R-330HYDE7020187 q-l(WY) (0005).02 p... 15 ., 15 InMiIIla:Ø# 7020187 Fann 3011 1101 ...,.............--....".,.'_.. '..'.'·M"_._._."',.~,,--,.,;.,., ., .......-'-"---.-. "....,..-........... . ;'->'."'';''-''--. .......... .' '-' -'--''''~-' ... .....,.,.,.....,."....1.. Attached Legal Description 00075." It;. _';I ¡T]!J;¿JOJt'7 olJ Part of the SE1I4 of Section 14, Township 34 North Range 119 West of the 6111 P.M. being more particularly described as follows: Beginning at the South Quarter Section corner of said Section 14 and running thence East along said section line 25.3 feet; thence North 101' East, along a line coincident with the East right-of-way boundary of existing roadway, 194.0 feet to the Point of Beginning of herein described parcel; thence North 101' East, along said right-of-way boundary, 134.0 feet; thence East 150.0 feet; thence South 101 ' West, 134.0 feet; thence West 150.0 feet to the point of beginning. ~~~1;~1~~~~~t¡ ~~I~~~:ni~~f: . ...................-- .."'_. ~_.."-...~ ..~-, ~';'¡·I'it''-''t·".'.·;J t::i:¡~;:*~*~::~ h._._.....~. MORTGAGE ADDENDUM R-330HYDE7D20187 The following is an Addendum to the Mortgage. The addendum shall be incorporated into, and recorded with, the Mortgage, TAX EXEMPT FINANCING RIDER This Tax-Exempt Financing Rider is incorporated into and shall be deemed to amend the terms of the Mortgage to which it is attached. In addition to the covenants and agreements made in the Security instrument, Borrower and Lender further covenant and agree as follows: Lender, or such of its successors or assigns as may, by separate instrument, assume responsibility for assuring compliance by the Borrower with the provisions of this Tax Exempt Financing Rider, may require immediate payment in full of all sums secured by this Security Instrument if: a) All of part of the Property sold or otherwise transferred (other than by devise, descent or operation of law) by Borrower to a purchaser or other transferee: i) Who cannot reasonably be expected to occupy the property as a principal resident within a reasonable time after the sale or transfer, all as provided In Section 143(c) and (i) (2) of the Internal Revenue Code; or ii) Who has had a present ownership interest in a principal residence during any part of the three year period ending on the date of the sale or transfer, all as provided in Section 143(d) and (i) (2) of the Internal Revenue Code; or iii) At an acquisition cost which is greater than 90 percent of the average area purchase price (greater than 110 percent for targeted area residences), all as provided in Section 143(e} and (i) (2) of the Internal Revenue Code; or iv) Whose family income exceeds applicable income limits as provided in Section 143(f) and (i) (2) of the Internal Revenue Code. b) Borrower fails to occupy the property described in the Security Instrument without prior written consent of the lender or its successors or assigns described at the beginning of this Tax Exempt Financing Rider, or c) Borrower omits or misrepresents a fact that is material with respect to the provisions of Section 143 of the Internal Revenue Code in an application for the loan secured by this Security Instrument. References are to the Internal Revenue Code as amended, in effect on the date of execution of the Security Instrument and are deemed to include the implementing regulations, BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions in this Tax-Exempt Financing Rider, ,.ø'~p MIKAl HYDE ~~/¥ Date Date Date MPP 21o.ø (ReviHd 12/95) R-330HYDE7020187 WY T.. Exwmpt Rider 00075? ..,'" ;/)~;¿" \JO;jt- \.