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HomeMy WebLinkAbout923820 000467 f1/ ~\ After Recordmg Return To: GMACMortgage, LLC 100 Witmer Road Horsham, PA 19044-0963 ATTN: Records Management RECEIVED 10/27/2006 at 4:51 PM RECEIVING # 923820 BOOK: 638 PAGE: 467 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (Space Å.IHn'e 11d& u.e For Reœnliq Data) Loa No. 598696102 MIN 1000375-0598696102-0 MORTGAGE DEFINITIONS Words used in multiple sections otthis document are defined below and other words are deflDðd in Sections 3. 11, 13, 18, 20 IDd 21. Certain rules reganting tho usage of words used in this document are also provided in Section 16. (A) "Secwity Instnnnent" means this document, which is dated October 26, 2006 , together with all Riders to this document. (B) "Borrowea-" is MICHELLE H. HARRIS and JOHN H. HARRIS, wife and husband ..../ BOITower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate coIpOration that is acting solely as a nominee for Lender and Lender's succeSSors and assisns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the Jaws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel, (888) 679-MERS. /<1 \:J WYOMING -....l'uIiI,-hào~.,.*rJ I 1JNlR)lWlNml.UWIINT -.-san 1It1 I i~' (Pøge 1 oj 18) 36U.6166 1DIüaJ¡: ".. GMACM- CMS.OO42.WY (0001) " 1:1 . " ,IN l~~.r.'~:<';1 .:':;:':':"':':': ~¿: '1%~~mmm~r 09238Z0 000468 (D) "Lender" is GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation Lender is a limited liability c01t¥>any Jaws of De 1 aware 100 Witmer Road, P.O. Box 963, Horsham, PA organized and existing 1U1der the Lender's address is 19044 (E) "Note" means the promissory note signed by Borrower and dated October 26, 2006 . The Note states that Borrower owes Lender One Hundred Fifty One Thousand Two Hundred and 00/100 Dollars (U.S. $151,200.00 ) plus ÌDtcrest, Borrower bas promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2026 (Ii) "Property'· means the property that is described below under the heading "Transfer of Rights in the Property. II (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charses due under the Note, and all sums due under this Security Instrument, plus .interest. (H) "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 D ~ Other(s) [specify] Manufactured Home Adjustable Rate Rider D Balloon Rider D o Rider Condominmm Rider D Biweekly Payment Rider 0 Planned Uwt Development Rider Second Home Rider 1-4 Family Rider (I) "Applicable Law" means all controlling applicable federal. state and local statutes, regulations, ordÏDaDces and admini~atíve rules and orders (that have tho effect of law) as well as aU applicable final, non-appealable judicial opinions, (J) "Community Assodation Dues, Fees, aod Assessments" means all dues, fees, assessments and other charges that are .imposed on Borrower or the Property by a condominium association, homeowœrs association or siinilar orpn17Ation. (K) "Electronic Funds Trausfer" meaDS any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, te1ep.b.onic Jns~nt, computer, or magnetic tape so as to order, instruct, or authorize 8 fina:ucial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale traIlSfcrs, automated teller maclJinc transactions, transfers initiated by telephone, wire transfers, and automated c1earingbouso transfers. (L) "Escrow Items" means those ÎteJDS that are descn'bed in Section 3. (M) ''MiscellAneous Proceeds" means any compensation, settlelDÞnt, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damago 10, or destruction of, the Property; (ü) condemnation or other taking of all or any part of the Property; (ill) conveyance in lieu of condemnation; or (iv) DÛsrepresentations of, or omiBsions as to, the value and/or condi1ion of the Property. WYOMING ----.........................--..... -- om ß1 ~ GMACM- CMS.OOC.WY (0001) (Pag. 2 0/18) 1DitiaIs: flh " Id. 09G38Z0 000469 (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or 'default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ü) any amounts µnder Section 3 of this Security Instrument. (P) "RESPA" mcaus the Real Estate Setdement Procedutcs Act (12 V.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R, Part 3500), as they might be IUDðnded hom time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in ·this Security Instrument, "RESP A b 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 relatod mortgage loan" UDder RBSPA. (Q) "Successor in Interest of Borrower" IDBIIDS any party that has taken title to tho Property, whether or not that party has assumed Borrower's obligations UDdor the Note and/or this Security Insanunem. TRANSFER OF RIGHTS IN THE PROPERTY This Security Inst:nu:Dcnt secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ü) the pedormance of Borrower's covenants and agreemÞnts under this Security Instnunent and the Note. For this pUIpose, Bonower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property 19CAted in the County (Type of Reeoroa.¡ .JurIidk:dIIa) of Lincoln (N..e .1 Recerdlq JlllilididioaJ SEE SCHEDULB "A" ATTACHED HERETO AND MADE A PART HEREOJ;;'. which CUITent1y has the address of 245 North County Road 341, (Slr.d) IŒt4MERER , Wyoming 83101 ("Property Address"): (City) ¡Z;p Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all casetœDts, appurtenances, and fixtures now or hereûter a part of the property. All replacements and additions sbaJl also be covered by this Security Instrument. All of the foregoÌDg is referred to in this Security Inst:lumeJat as the "Property." Borrower understands and agrees that MERS holds only legal title to the .interests granted by Borrower in this Security Insb1UneDt, but, if MCðSsary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, iDcludios, but not limited to, the right to foreclose and 1011 the Property; and to take any action required of Londðr .including, but not limited to, releasmg and canceling this Security Instrument. WYOMING -...IWDII7-....WMIIftddIe.....UNIPODlINITIlUMJINT __5111 1111 () ¡J¡J /_.~ GMACM - CMS.OO42.WY (0001) (pag, 3 of 18) 11IJiJab~ 'II ...1. ,. ~f·>':·:·:·:~~::;;.J' ~ò :., ¡ ':.~:g; ¡mili!fí~r~{ o~~a8Z0 000470 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 IeCOrd. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any eucumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non~uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agroc as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due tho principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower sball also pay funds for Escrow Items puzsuant to Section 3. Payments due under the Note and this Security Instrument abaJJ be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note Dr this Security Instnunent 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 fonowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such c.hcck is drawn upon an institution whose deposits are insured by a federal agency. instrwnentality, 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 provisioœ 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 insufficieDt to bring the Loan current, without waiver of any rights hereunder or prejudice to its r.ights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Bonower does not do 80 within a reasonable period of time, Lender shall either apply such funds or return them to Bonower. 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 lnstnunent or performing 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 accopted 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 ahalI bo applied to each Periodic Paytnðnt in the order in which it becaIœ due. Any remAining amounts shall be applied fust to late charges. second to any other amounts due under this Security Inst1'Ument, and then to redUce the principal balance of the Note. LOAN NO: 598696102 ,'1 WYOMING -SiapFul1llY-I'IaUMulPlodrioWactINlFOQIlNmvlolENT "_UI1 1111 CfJ; GMACM ~ CMS.OOG.WY (0001) (pal~ 4 0/18) 1aiUab>{ lï ~. 'II Ad I ..¡.' 0923820 000471. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any Jate charge duo, the payment may be applied to the delinquent payment and the late charge. If 1IlQre than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payJDCnt 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 prepaytncDt charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due UDder the Note shall not cxtend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Esaow Items. Borrower shall pay to Lender on the day Periodic Payments are duo under the Nato, until the Nato is paid in full, a sum (the -Funds-) to provide for payment of amounts due for: (a) taxes and asSCSSJDðnts and other items which can attain priority over this Security Insb11meDt 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 UDder Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mongage Insurance prlmliums in accordance with the provisions of Section 10. ThOBe items are called -Escrow Items. - At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowcd by Borrower, and such dues, fees, and assessmeDts shall be an Escrow Item. Borrower shall promptly furnish to Louder all notices of amounts to be paid UDder 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 oblisation to pay to Louder FUDds for any or all Escrow Itoms at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. when and where payable, the amounts due for any Escrow Items for which . payment of Funds bas boen waived by LCDder and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all puqx>ses 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 Bortower 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 r.y to Lender any such amount. Lcmder may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower sba11 pay to Lender all Funds, and in such amounts, that are then required under this Section 3, Lender may, at any time, concct and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RBSP A, 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, LOAN NO: 598696102 ~ WYOMING -.....1'uIIII¥ ~ I'IIIaio toIatIPNdIIo..... U'IJI'ORM JN3TIlUMBNT r_Wl 1IU . I GMACM - CMS.OOG.WY (0001) (page j oj 18) 1DitIaIs: II II..J. ,.:'I·:~·:I~%:::::¡ ,":::Mt:~~::;::::;~~ \~~~mtf~j;m1? O~~38Z0 000472 The FUDds shall be held in an institution whose deposits are insured by Ii federal agency, instrumentality, or entity (including Lender. if Lender is an institUtion whose deposits are 80 .insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no Jater than the time specified under RESP A. Lender shan 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 permits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law req\Ù1'es interest to be paid on the Funds, Lender shan not be required to pay Borrower any interest or camings on the Funds, Borrower and Lender can agree in writing, however, that. interest shan be paid on the Funds. Lender shan give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defiDed UDder RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of FUDds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrowor sba1l pay to Lender the amoUDt 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 RESP A, Lender sballootify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in DO more than 12 mondùy payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Bon-ower any Funds held by Lender. 4. Charges; Uem. Bon-ower shall pay all taxes, assessments, charges, fines, and impositions attnòutable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents au the Property, if any, and Community Association Dues, Fcos, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them. in the manner provided in Section 3. BoITower sha11 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 IDIIIDIet acceptable to Lender, but only so long as Bon-ower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate tp prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agrcoment satisfactory to Lender subordinating the lien to this Security Instromcmt, If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security IDst.rl1ment, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one OJ'more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for It roal estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Iasuranœ. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, lluMds 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 IQAintained in the amounts WYOMING - sIq o FoaII\)I- ...... MaeIIftoIIIo..1e 1JNJI'OUIINS1I.WBNT 1'_ _J JIll GMACM- CMS.OO42.WY (000:1) (Page 60f18) 1oiUab: II 1:.1. 0923820 000473 (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the precedmg sentences can change during the term of the Loan. The insurance carrier providing the ÎDSDrance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right sba11 not be exercised unreasonably, Lender may require Borrower to pay, in CODnection with this Loan, either: <a) a one-time charge for flood zone determiDation, certification and tracking services; or (b) a ODO-time charge for flood zooe deteIIDination a.ud certification services and subsequent charges each time remappings or similar clJan&os occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agen¡;;y in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coveragos described above, Lender may obtain insurance coverage, at Londor's option and Borrowor's expense. Lender is under no obligation to purchase any partjcula.r type or amount of coverage. Therefore, such coverage sball cover Lender, but might or mìght not protect Borrower, Borrower' B equity in the Property, or the contents of the Property t 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 obtamed might aignificaut1y exceed the cost of ÎDSDram:e that Borrower could have obtained. Any amounts disbmsed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrowor requesting payment, All insurance policies required by Lendor and renewals of such policies sban be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. H Lender requires, Borrower shall promptly give to Lender all recoipts 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 aud/or as an additional loss payee. In the event of loss, Borrowor shall give prompt noûce to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lendor and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, sban be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lønder's security is not lessened. Duting such repair and restoration period, Lender sball have the right to hold such insurance proceeds Until Lender has had aíl opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection sha1l be underraJcen 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 public adjusters, LOAN NO: SgS696102 WYOMING - ....1WaU¥- P-.Io ~.....IJNII'ORY JNS'J'IlUMENT 1'_'" ....1 (Øt GMACM - CMS.OO42.WY (0001) (page 7"'18) IdIaIIr . i / Á - II .11. ~"r'!¡":-:~ ~ !l~~;:¡1:;m¡ ~~¡fi¡:: ":::~~.~ }:~~i~~¡ ~~~~,: ~~~~).; 09~J8Z0 000474 or other third parties, retained by Borrower sha)) not be paid out of the msurance proceeds and shall be the sole obligation of BorrowOI. If the restoration or repajr is not economically feasible or Lender's security would be lessened, Ihe insurance proceeds shall be applied to the sums 8eCwedby this Security Instrument, whetber or not then due, with the excess, Ü any, paid to Borrower. Such insurance proceeds shaD be applied in tbe order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and xuJated matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier bas offered to settle a claim. then Lender may negotJate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property UDder 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 UDder 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 hlstrument, 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 Socurity Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwÎBe 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 of the Property; Inspections. Borrower shall not destroy, damage or imp&ir the Property, allow the Property to deteriorate or conunit waste on the Property. Whether or not Borrower is residing in Ihe Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be respoDSible for repairing or restoring the Property only if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress paymcms as the work is completed. If the ÎnSUlance or condemnation proceeds are not sufficient w 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 tÍmð of or prior to such an interior inspection specifying such. reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default Ü, during the Loan application process, Borrower or any persons or entities acting at the dUection of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or 8ta1ementa to Lender (or failed to provide Lender with material information) in WYOMING - 3IAIIc ~ -1'IoIIIie WWft..... Waco 1BoIJi:ooRw IHS'BUWI!NT ~ _1 1It1 GMACM - CMS.OO41.WY (0001) (P4g, 8 of 18) 1JdtWs: 'II 1,1. ~. O~~3820 000475 connection with the Loan. Material representaûons include, but are not limited to, represeniatioDs concerning Bouower~s occupancy of the Property as Borrower's principal resideœo. 9. Protection of Lender's Intel-est in the Property and Rights Under this Security Instrument. If (a> Bonower fails to perform the covenants and agreements contained in this Security InstrllmcDt, (b) there is a legal proceeding that might significantly affect Lender's interest .in the Property and/or rights under this Security Instxu.ment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for onforcement 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 UDder 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> payiug any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attomðys' fees to protect its interest in the Propert:}' and/or rights under this Security Imtrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is DOt limited to, entering the Property to make repairs, change locks, replace or board up doors and wiDdows, dJain water from pipes, e1iminAte building or other code violations or dangerous conditions, and have utilities tumcd on or off. Although Lender may tab 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 clisbursed by Lender UDder this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Those amounts sbalJ boar interest at the Note rate from the date of clisbursemcnt and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security InstruJnent is on a leasehold, Borrowor 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 mergo unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower sbaU pay the premiums required to mAintain the Mortgage Insurance in effect. If, for any reason, the Mortgage IDsùrance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately desiguated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to B01fOwer of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shaD cotWnue 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 t:heB8 payments as a non-refundable loss reserve in lieu of Mortgage IDSUl'aDCe. Such loss reserve shall be non-refundable, notwithstanding the fact ·that the Loan is ultimately paid in full, and Lender shall not be I'cquired to pay Borrower any interest or earnings on such loss reserve. Lender can 110 longer require loss reserve paymÞnts if Mortgage Insurance coverage (in the LOAN NO: 5986%102 p¡L¿.L WYOMING-....~-1'-deWuŒl_.....UHIRJ&NJN.STI.UUBNT....JII1 I/t1 ~#' '--. GMACM - CMS.OO42.WY (GOO1) (pag, 9 of 18) Idiak: I¡I, ~"""'i;;¡ I·'I ~.·'.:'~' ·'1"''''''-', ~;:'~':;;8H~;I±UiJ " .::~::::~:*~:~:::~ ~.2:':,:¡ ~~~m%;I~~~U: O~Z:j820 000476 amount aDd 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 tho premiums for Mortgage Insurance. If Lender required Mortgage h:Jsurance as a condition of 'malån& the Loan and Bonower Was required to mate separately designated payments toward the premiums for Mortgage Insurance, Borrower sbal1 pay the premiums requjred to maintain Mortgage Iusunmce in effect, or to provide a non-refundable lOBS reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender provicting for such termiuation or until termination is required by Applicable Law. Nothing in this Section 10 affects Bonower's obligation to pay interest at the rate provided in the N~. 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 pany to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such ÏDsuraJlCe in force from time to time, aDd 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 pany (or parties) to these agreements. These agreements may require the mongage insurer to make payments using any source of funds that the mongage insuJer 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 iDdiroct1y) amounts that derive from (or might be cJwactcrized as) a portion of Bonower's payDIÞnts for Mortgage 1ns\1rance, in exchange for sharing or modifying the mortgage insurer's risk, or reducÚlg losses. IT such agreement provides that an affiliate of Lender tabs a share of the insurer's risk. in exchange for a share of the premiums paid to the insurer, the arrangement is often termed ·captive reinsurance. It Further: (a) Any such agreements wiD not affect the &mOunts that Borrower has agreed to pay for Mortgage Insurance, or any other tenDS of the Loan. Soda agreements will not iDa-ease the amount Borrower will owe for Mortgage Insurance, and they will Dot entitle Borrower to any refund. (b) Any such agreemems will not affect the rights Borrower has -if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the rigbtto reœive œrtaIa disclosures, to request and obtain caDcellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to reœive a refund of any Mortgage Insurance preaniums that were uneamed at the time of sucb cancellation or termination. 11. Assignment of MlsceJlaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and &ha11 be paid to Leuder. WYOMING -__-___..................,..._ ... "'- ~ GMACM - CMS.800. WY (0001) (Pøg, 10 of 18) bdtIaIs: 0 1,( . -,' O~23820 000477 If the Property is damaged, such Miscellaœous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not le8SCDCd. During such repair aDd restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender bas had an opportunity to inspect such Property to eosure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repaits and restoration m a single disbursement or m a series of progress payments as the work is completed. Unless an ag:reemtlnt is made m wrWng or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnìngs on such Miscellaneous Proceeds, If the restoration or repair is DOt 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 m the order provided for m Section 2. In the event of a total taking, destruction, or loss in value of the Property I the Miscellaneous Proceeds shall be applied to the awns secured by this Security Iostrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction. or loss m 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 ÙOIoediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured ÍIlUDcdiately before the partial taking, destnJction, or loss m value divided by (b) the fair marbt value of the Property immediately ~fore the partia) takins, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial takin&, destruction. or loss in value of the Property m which the fair market value of the Property immediately before the partial taking, destrucÜon, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss m value, unless Borrower and Lender otherwise agree in .writing, the Miscel1anoous Proceeds shall be applied to tho sums seemed 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 defiDed m the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respoud to Lender within 30 days after the date the notice isgivOD, Lender is authorized to collect and apply the MiscellaDeous 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 bas a right of action in regard to Miscellaneous Proceeds. LOAN NO: 598696102 ~~ WYOMING -1IIarJe F"'Dib' - ~ ~..... UNIPOIUd INSTRUMJINT v_ 3U1 Jill GMACM· CMS.OO41.WY (0001) (Page J J of 18) 1aWaII: / 111 ~:,:-:>;:1:-: :':'; :::;.::,::';::" 'I .J.'..~.'..._., .~o...:.J " ~~:~;~:~~~:~~¡~~~:¡¡ ~ ¡~~~~~mi;~~~f~¡!i 09~38~O 000478 BOlTOwer shall be in default if any action or proceeding, whether civil or criminal, is begWl that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender' 8 interest in the Property or rights UDder this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing tho action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other ma1erw impainnent of Lender's interest in the Property or rights under this Security Instnunent. 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. All MiscellanooUB Proceeds that are not applied to restoration or repair of the Property sbaII be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbeara.nceBy Lender Not a Waiver. Extension of the tÙDð for payment or modification of amortizàtion of the sums secured by this Security InstnuneDt granted by Lender to Borrower or any Successor in Interest of BOIIower shall not operate to release the liability of BOIIower or l .Ily Successors in Interest of Borrower, Lender sbaII not be required to COIlllDCDCe proceedings against any Successor in Interest of Borrower or to refuse to extend time for paymÞnt or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the or.ig.inal Borrower or any Successors in Interest of BOlTOwer. Any forbearanco by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sba1'.I not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shaD be joint and several. However, any Borrower who eo-signs this Security Instrument but does not execute the Note (a "eo-signer"): (a) Is C()- igoing this Security Instrument only to mortgage, grant and convey the eo-signer's interest in the Property under tho terms of this Security Insb'Ument; (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 rogard to the terms of this Security Instrument or the Note without the eo-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bmrower's obligations under this Security Instrument in writing. and is approved by Lender, shall ootain all of Borrower's rights and benefits UDder this Security Instrument. BOlTOwer shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of LcIIdcr. A~ WYOMING - .... PomiI1- JW.I. w.iIftddIo .....1.JNJRaU IHST&UIotI!NT ... *1 1111 .....CM- CMSAOG.WY ....1) """ 12 "1$ _p. II 'ad: ~~ 000479 0923~20 14. Loan Charges. Lender may charge Borrower foes 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 foes. In regard to any other fees, the absence of express authority in this Security Instxument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such foe. Lender may not charge fees that are expressly prohibited by this Security Instxument Or by Applicable Law. If the Loan is subject to a Jaw which sets maximum loan charges, and lhat law is fmally interpretod so that the ÍD1erest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount DCCeSsaty ·to reduce the charge to the permiued limit; and (b) any sums already coUected ûam Borrower which exceeded permitted limits will be refunded to BOtTower. Lender may choose to make this reñmd by reducing the principal owed under the Note or by making Ii direct payment to BotTower. If a refund reduces princîpal, 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 waivorof any right of action Borrower might have arising out of such overcharge. 15. Notices. All Notices given by B0170wer or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument aball be deemed to have been given to BOlTOwer when mailed by fust class mail or when actually delivered to B017ower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address sball be the Property Address unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly notify Lender of Borrower's cluwge of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bonower sball 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 sba11 be given by delivering it or by mailing it by fust class mail to Louder's address stated herein unless Lender has designated another address by notice to Boqower. Any not.ico in connection with this Security Instrument sba1l not bo deemed to have been given to Lender UIltil aChlally received by Lender. If any notice required by this Security InsWment is also required under Applicable Law. tho Applicable Law requirement will satisfy the correspoJlding requirement under this Security Instrument. 1'. Governing Law; Severability; Rules of Construdion. This Security Inst:rumßnt aha11 bo governed by federal Jaw 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 contract or it might be silent, but such silence shall not be construed as a LOAN NO: 598696102 WYOMING -...... 1WaiI)' -1WIaIe MWPt......... UNJroUl Jlf.l'nUWØfT ..... 3151 JIll GMACM· CMS.OO42.WY (0001) (page 13 of 18) 1DitIaJs: ¡) 'II ·LI .. h fj ~"~~:*, 'hi ,.f I.'J,Z. ~¡iimmI~:I~~ 8·~)(ì-· . . "1 . UI U~-.;.ù - 000480 prohibition against agreement by contract, In the event that any provision or clause of this Security lnstruuwIt or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instru.ment or the Note which can be given effect without the conflicting prov.ision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feJDininc 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 ODÞ copy of the Note and of this S~ity InstruJncnt. 18. Transfer of the Property or a BeneftdallDterest in BOlTower. As used in this Section 18, ·IntcrcBt 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, insta11ment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Proporty is sold or transferred (or if Borrower is not a natural peISOn and a beneflCW interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may requirð immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The DOtice 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 InstrumeDt. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies per.oiitted by this Security Instrument without further notic'e or demand on Borrower. 19. Bouower's Right to Relmtate After Acœ1eration. 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 contaiued in this Security Instrument; (b) such other period as Applicable Law might specify for tho 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 1nstruJœnt and the Note as if no acceleration had occurred; (b) cures any default of any other coveuants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fecs. 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 Instruuwnt, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expeuses in ODe or more of the fonowing fOImS. 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 whos!) deposits are insured by a federal agoucy, insUUmentality or entity; or (d) Electronic Funds Transfer. WYOMING - am,¡. J'U:IiIy - P....id4u1Pl.... Wac UN1R>IUot IHSTa\JMENT ... Hll 1It1 . GMACM - CMS.OOO.WY (0001) (pale 14 of 18) 1JddaJa:. ~ ioJ ~. O~238Z0 00048~ Upon reinstatement by Bouower, this Security Instrument and obligations seeuxed hereby sbal1 remain fully effective as if no accoleration had occurred, However, this right to reinstate shall not apply in the caso 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 tUnes without prior notice to Borrower. A sale might result in a change in the entity (known as the NLoan ServicerN) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan 5CtVicing obligations under the Note, this Secux!ty Instrument, and Applicable Law. ~re also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower wi)] be given written DOtJcc of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servicing obligations to Bonower will remain with the Loan Serviclu or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may 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 Inst:rument or that alleges that the other party bas breached any provision of, Or any duty owed by reason of, this ~ecurity Instrument, until such Borrower or Lender bas notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can·be taken, that time poriod will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure givcm 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 opportunlty to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) NHazardous SubstancesN are those substances defiœd as toXIC or hazardous substances, pollutants, or wastes by EJiviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and nulioactive materials; (b) NBnvirownental Law· means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or BIlvironmental pro~tion; (c) NBnviroIllœntal Cleanup" includes any response action, remedial action, or removal action, as defined in EnvirOD1Dental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an BnviroIll1Jðnta1 Cleauøp. Borrower sba11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrowlß" shall not do, nor allow anyone else to do, anything affecting the Property <a) that is in vio1ation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or 'teleue of a Hazardous Substance, creates a condition that LOAN NO: 598696102 /1 ./ WYOMING-"'PomI¥-I'IIoIU~""'IIIocUNJPOQUNSTl.mœrr ...JGSI ve:: n f J)' ~ Gl'rfACM- CMS.OO42.WY (0001) (pille 15 0[18) 1uitiaJI~ '11 1..1 .::1.~:~~:::~::::j 1.1 tjl.r.!~ , ~~::J f~'\',r'ó'_;~'Y''i_''r.~' ,/t;:¡ 1~1~~flt' ;1, I'_V~,~ ¡;~:;:;¡:~3:!~~: - {¡I~~~~rri~ O~23~20 000482 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 axe gcocrally recognized to be appropriate to normal residential uses and to mainte~ of the Property (including, but not limited to, hazardous substances in con.sumcr products). Borrower sba11 promptly give Lcnder written not:ico of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory ageDeY or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actua1 knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leakins, 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 notiÏJed by any governmental or regulatIJry authority, or any private party, that any remOval or other remectiati.on of any Hazardous Substance affecting the Property is necessary, Borrower ahaIl promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obli&ation on Lcndor for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acœluadon; Remedies. Lender sbaJJ gin notice to Borrower prior to acœJeratioo foUowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceJea-ation under Section 18 unless Applicable Law provides otherwise). The notice shall speåfy: (a) the default; (b) the action required to cure the default; (c) a date, DOt less than 30 days frQm the date the notice is given to Borrower. by which the default must be cured; and (d) that failure to wre the default on or before the date specified in the notice may result in acœIea-ation of the sums secured by this Secwity Instrument and sale of the Property. The notice shall further inform Borrowu of the rigbt to reiustate after acceleration and the right to bring a court action to assert the DOn--existenœ of a default 01' 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 aU sums secured by this Security Instrwnent without fW"ther demand and may iDvoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to coUect aU expenses incurred in pursuing the remedies provided in this Section 22, 1ncludiDg, but not limited to, reasonable attorneys' fees and costs of tide evidence. If Leader invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the penon in possession of the Property, if different, in accordance with Applicable Law. Lender shall give DOtice of the sale to Borrower in the manner provided in Section IS. Lender shall publish the notice of sale, and the Property shall be sold ÎD the manaer prescribed by AppUc.:able Law. Lender or its designee may purchase the Property at any sale. Tbe proceeds of the sale sbaJI be apPUed in the following order: (a) to all expenses of the sale, Including, but not lilDited to, reasonable attorneys' fees; (b) to all swns secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. WYOMING - SIaI10 fIomiIy - JIuaIoo UaoIJftddõo ..... tJHIP()aM JNSTKUNIINT ... 31151 va GMACM- CMS.0041.WY (0001) tpøg~ 160118) hdtIaIs: 1;1. _to; 092:l~20 000483 23. Release. Upon payment of all BUmS secured by this Security Instrument, Lender shall release this SttCUrÎty Instrument. Borrower shall pay any recordation costs, Lender may charge Borrower a fee for roleasing this Security Instrument, but only if tho fee is paid to a third party for services rendered and the charging of the feo is permitted under Applicable Law. 24. Waivers. Borrower rel~s and waives aU rights under and by virtue of the homestead exemption Jaws of Wyoming. 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, ~[~ Iii ùU"'V" ~B (Seal) -Borrowor (SetÌl) -Borrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 598696102 Witnesses: WYOMING - SiDIIo fIudy - FuIIIc lo&uIJ\oodlM.... UNJR)W1NST1UWENT ._ M5I IItl GMACM· CMS.OO42.WY (0001) (page 17 of 18) II , ¡I '" :~I.:::.';li':*::::;: "~~, I,· t~~~ ;:;' m1i;~~ttmt~~ ¡~¡~~~¡;~t~~~~i¡I~-; ¡ U~;::3820 000484 STAtE OF INDIVIDUAL ACKNOWLEDGMENT ) )88 ) COUNTY OF The foregoing insÞ:'Umeut was acknowledged before me this October 26, 2006 (dale) ~CHELLE H. HARRIS and JOHN H. HARRIS, wife and husband (porsoo actnowJedein&:) 1) My Commission Expires:Ó ð--~lO No&ary Public IHEU!r INØtU. . IIDrMY NIJC ~·e= . , WYOMING -sqlalWall7-.....Wao.'ft'II IIieMuUNJFO)U,(INSTI.1JMBHT hwNil 1Itl. (}))¿' ~ GMACM· CMS.OO42. WI' (0001) (page 18 of 18) J:dJaJs:¡- II 1,1 ~. 000485 09238Z«.1 MANUFACTURED aOUSlNG UNIT RIDER TO THE MORTGAGE I DEED OF TRUST I SECURITY INSTRUMENT (Manufactured Housing Unit to Become Mfixed) This Rider is made this 26th day of October , 2006 . and is iDoorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Inst.nunem") of the same date given by the undersigned (the -Borrower") to secure Borrower's Note to GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation (the "Note Holder") of the same date (the "Note") and covering the land described in the Security Instrumelit as: See Attached Exhibit "A" (Legal Description) which clltTmtly has the addreaa of: 245 North County Road 341 KEMMERER, WY 83101 (Property Address) togother with the Manufactured Housing Unit described as follows which aba11 be a part of tho real property: Make: Nordyne Modol: Redman Year: 2006 Soria! NumbOI(s): 017-00 463 AB OOP 11 Width &. l.eDg:th: 26.70 x 60 MODIFICATIONS. In addition to the covonants aDd agreements made in the Security Instrument, Borrower(s) further covenant anð agree as follows, for themselves, their heirs and assigns to the Note Holder: LOAN# : 598696102 Ii MOL TISTATE MANUfACTURED HOME RIDER r¡)// ~ Paø- 1 Df 3 366540115. Iuiöab:' GMACM - ARM.0250.MANFCT 104031 I 1.1. ~mmm~'ji¡j¡~~ ,. r,¡::~J:::~~:j::::::; '.,I,·~"J;'.J;·r.';· , I 1_ ... Ji" ~.~, iJ¡~milinlmnmJ:iJ ¡;mI¡~~m~¡~ijr~~·;~~ ~;fI~~;~~~~m? O~;¿3820 000486 A. Prooertv: Property sbaD. encompass the Mawfactured Housing Unit described above that is or that will become affixed to the laDd legally describod herein. B. Additional Covenants of Borrower(s): (a) Borrower(s) covenant and agreo that Borrower(s) will comply with all State and local laws IlDd regulations regarding the affIxation of the Manufactured Housing Unît to the land descnòcd herein including, but not limited to, surrendering the CoJ'tificate of Ti1:le (if required) and obtaining the requisite governmental approval and accompanying documentation necessary to classify the Manufactured Housing Unit as real property under State and loea] law, (b) That the Manufactured Housing Unit described above shall be, at all times, and for all pUIpOses, permanently affIXed to and part of the land legally described herein and shall DOt be removed from said land. (c) Bo.rrower(s) covewwt that affixing the Manufactured Housing Unit to the land legally descrlbed herein does DOt violate any wning laws or other local requirements applicable to manufactured homes, (d) In the event state or local law does not provide for a surrender of title, Borrower grants Lcmder a security interest in the Manufactured Housing Unit and shall execute such documonts as Lmder may request to ovidence Lender's security interest therein. TlDS SPACE LEFI' INTENTIONALLY BLANK LOAN# : 598696102 MULTISTATE MANUFACTURED HOME RIDER GMACM - ARM.0250.MANFCT 104031 Page 2 of 3 /' II hi. 4' 09238~O 000487 BY SIGNING TInS, Borrower(s) agree to aU ofthc above. ~a MICHELLE H. HARRIS J/ÆI~ " ...:::::. (Seal) -Borrower (Seal) -Borrower (Seal) -Borro~r : (Seal) -Borrower LOAN# : 598696102 MULTISTATE MANUFACTURED HOME RIDER GMACM - ARM.0260.MANFCT (0403) Page 3 of 3 '11 1"11 ." I':::~:~::~'N::::;:) ~:::::;::::::['!;!:::;: :~~~~j![~~illt\ 000488 u~38Z0 OJ Schedule A Wyoming Mortgage G~ven By: MICHELLE H. HARRIS and JOHN H. HARRIS Page 1 See Attached Exhibit "A" A tract of land being the SI/2 of the NE1/4NW1/4 of Section 15, Township 21 North Range 117 West of the 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at an aluminum cap monument stamped L.S. 580 and lying on the N-S centerline ofsaid Section 15, and being South 00°03'11" East, 660.25 feet of the North one-quarter corner of said Section 15; thence continuing South 00°03' 11" East, 660.25 feet along said N-S centerline of said Section 15 to the N 1/16th corner on said N-S centerline; . thence South 89°32'58" West, 1315.23 feet to the NW 1/16th corner of said Section 15; thence North 00°06'09" East, 660.29 feet along the N-S centerline of said NW1/4, to an aluminum cap monument stamped L.S. 580; thence North 89°33'05" East, 1315.80 feet along the division line between the NII2 and the SI/2 of said NE1/4NW1/4 of said Section to the POINT OF BEGINNING. LESS AND EXCEPT all land contained in Quit Claim Deed recorded May 15, 1996 in Book 383PR on page 283 of the records of the Lincoln County Clerk. ALSO A tract of ground being in the NII2 of the NE1/4NWl/4 of Section 15, Township 21 North Range 117 West of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: COMMENCING at the Nl/4 corner of said Section 15; thence South 00°3'11" East, 404.27 feet, to the POINT OF BEGINNING; thence South 00°03'11" East, 255 feet to the CNN 1/64 corner; thence South 89°33'02" West, 224.35 feet; thence North 42°24'47" West, along the Easterly boundary of a 60 foot right-of-way roadway access, 334.29 feet; thence North 89°33'15" East, 456.32 feet to the POINT OF BEGINNING. þ 'II ¡,I, -,~