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Home My WebLink About931135 6010715602 000215 After Recording Return To: GMAC Mortgage, LLC 100 Witmer Road Horsham, PA 19044-0963 ATTN: Records Management RECEIVED 7/10/2007 at 1 :58 PM RECEIVING # 931135 BOOK: 665 PAGE: 215 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] Loan No. 178501201 MIN 1000375-0178501201-6 MORTGAGE DEFINITIONS '20) \.-~, Words used in multiple sections of this document are defined below and other words are defined in Sectíons 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security I~trument" means this document, which is dated July 2007 , together with all Riders to this document, "Borrower" is 5, (B) Alan D. Rickert and Shannon B. Rickert. husband and wife -, ( ¿ Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc, MERS is II separate corporation that is acting solely as a nominee for Lender and Lender's succeSSors IInd assigns, MERS is the mortgagee llnder this Security Instrument. MERS IS organized and existing under the laws of Delaware, and has an address and telephone number of P.O, Box 2026, Flint, MI 4850J-2026, tel. (888) 679-MERS. WYOMING -. Sin,le Family - PlDIÙe MaelPloddi. Mac UNll'ORM JNSI'RUMENT FoOD 31151 UOl ¡) ,J? (pagel of 18) 386820276 Initials:3J(Q, . p, 346 GMACM - CMS.0042.WY (O(()l) \Y (D) "Lender" is GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation Lender isa limited liability company laws of Delaware 100 Witmer Road, P.Q, Box 963, Horsham, PA organized and existing under the . Lender's address is 19044 (E) "Note" means the promissory note signed by Borrower and dated July 5, 2007 . The Note states that Borrower owes Lender One Hundred Seventy Four Thousand Two Hundred Five and 00/100 DoUars (U.S. $ 174,205.00 ) plus interest. Borrower has promised to pay this debt in regula.¡; Periodic Payments and to pay the debt in full not later than August I, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all SUms due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D D o o Condominium Rider 0 D Biweekly Payment Rider D D Planned Unit Development Rider Adjustable Rate Rider Balloon Rider Other(s) [specify} Second Home Rider 1-4 Family Rider (I) "Applicable Law" means all controJIing applicable federal, state and local statutes, regulations, ordinancl% and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by II condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper ìnstrument, which is initiated through an electronic terminal, telephonic instrwnent, computer, or IlliIgnetic tape so as to order, instruct, or authorize a financial ìnstitution to debit or credit an account. Such term includes, but is not limited to, point"Ûf-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages descrìbed in Section 5) for: (i) damage to, or destructIon of, the Property; (ii) condemnation or ot.her taking of all or any part of the Property; (ìii) conveyance IJl lieu of condemnat.ion; or (iv) misrepresentatjons of, or omissìons as to, the value and/or condition of the Property. WY OMING .. Sin¡J. FamUy., FannIe M.o/Freddle Ma. UNIFORM lN~ïRlIMBNT Form 30QI 1/01 Gl\1fACM.. CMS.0042.WY (0001) (Page 2 of 18) Initials;SFA? IJf/f .~ .'il;¡""" _~ (.~ Ij.? \i..Y ,1; <.:..1.. \\) 'ï i1(1)~...a 1-<)1 \i,.y,'( !1;..,.JL iii (N) "Mortgage Insurancij" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principàl and interest under the Note, plus (ii) any amounts under Section 3 of this Securìty Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Securíty Instrument, "RESP A n refers to all requirements and restnctions that are unposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "SuccêsSor in Interest of Borrower" means any party that has Ween title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security, Instlllment. TRANSFER OF RIGHTS IN THE PROPERTY This Secunty Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrwllent and the Note, For this purpose, Borrower does h~reby 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 located in the County !Type of' Reconliug JurJsdktion] of Lincoln [NllIDe of Recording JnrJsdiction SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 2545 WY Hwy 233, [Streef] Kemmerer ,Wyoming 83101 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected oa the property, and an easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing IS referred to in this Security Instrwnent as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary 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, including, but not limited to, the right to foreclose and sell the Property; and to take any action requìred of Lender including, but not limited to, releasing and canceling this Security Instrument. WY OMlNG -- Sinelo Pamily .. Panni. MaelPreddle M.c UNIFORM INSTRUMENT l'onn 3051 )/01 . 0_ 0 /1 i/ 1'7 GMACM - CMS.OO42.WY (0001) (Page 3 of 18) InitiaJs; 5D ~ 11-1'/, ,r-.,,, r ~., _18 ' ., 'I I ~'.i" '. 1., . 'Í~.." tJ .'f::,,· .' 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 enc-umbrances 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 uniform covenants for national use IInd non-Unüonn covenants with limited variations by jurisdiction to constitute II uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower s1uùl 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 otber instrument received by Lender as payment under the Note or this Security Instrument JS returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an mstitution 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 OJ.' 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 schedtùed due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bnng the Loan c-urrent. If Borrower does not do so within a reasonable period of time, Lender sh.all e1ther apply such funds or return them to Borrower. If not applied earlier, such funds wiJI be applied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or clalffi which Borrower might have now or in the future agaìnst Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Froceeds. Except as otherwise described in this Se.ction 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 whicb it became due. Any remaiJ1Ulg amounts shall be applied first to late charges, second to any other amoWlts due under this Security Instrument, and then to reduce the princJpal balance of the Note. LOAN NO: 178501201 WYOMING - Sj¡¡tl. Pamily·· POßDie Mae/Freddie Mac UNIFORM INSTRUMENT ForNI3851 ml GMACM - CMS.0042.WY (0001) (Page 4 of 18) Initials: ,4t)R #111 ,("\'f1)4i)?...~ (;) \i,t_: \t..-~';'I, 1~..~ .~. ~.7 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late ch.arge 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 receiv.ed from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such eXcess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for ·Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a swn (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 encwnbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance requJred by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender III lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10, These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that CommwÜty Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Escrow Item. Borrower sha11 promptly furnish to Lender all notices of amounts to be paid under thìs Section, Borrower sha11 puy Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or a11 Escrow Items, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waIved by Lender and, if Lender requires, shall funùsh 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 sh.all for all purposes be deemed to be a covenant and agreement contained in this Security Instrwnent, as the phrase Kcovenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a noUce given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, Itnd in such amounts, that are then required wIder this Section 3. Lender may, at any time, collect and hold Funds in an amoUnt (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a ]ender 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: 178501201 WY OI\fiNG - Slnrlo Pamily .. Panni. M.oIF,eddi. Mac UNIFORM INSTRUMENT ['orlft 3QS1 1/01 ¿::,'.' ~ GMACM· CMS.0042.WY (0001) (Page 5 of 18) Inlttl/ls: ...:) 6 . #/< q '1'11> 4í~,?~. ~) II)' \;.)1.1 .'\..' ¡if", ~ The Funds shan be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender Îs an institution whose deposits are so insured). or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Iterns AO later than the time specified under RESP A. 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 AppJicable Law permits Le~der to make such a charge. Unless an agreement is made 1ll writing or Applicable Law requires lllterest to be paid on the Funds, Lender shaH not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in wnting, however, that interest shall be paid On the Funds. Lender shall gIve to Borrower, without charge, an amluaJ accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shaH account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as deÎllled under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower sha11 pay to Lender the arnoWlt necessary to make up the shortage in accordance with RESPA, but in no mOre than 12 monthly payments. If tIlere is a deficiency of Funds held in escrow, as detmed under RESP A, Lender shall notify Borrower as required by RESP A, and BorroWer shall pay to Lender the amount necessary to make up the deficiency in acconlance with RESPA, but In no more tIlan 12 monthly payments. Upon payment in full of all sums secured l)y this Security Instrument, Lender shall promptly re~nd to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, Hnes, and impositions attnòutable to the ProplJrty which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them jn the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instru~nent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but olÙy so long as Borrower is performmg such agreement; (b) contests tlle lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but (July until such proceedings are concluded; or (c) secures trom the holder of the lien an agreement satisfactory to Lender subordinatmg the lien to this Security Instrument. If Lendel' detennines that any part of the Property is subject to a lien which can attain pnonty over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice Ìs given, Borrower shall satisfY the lien or take one or more of the actions set forth above in this Section 4. Lender may require. Borrower to pay a one~time charge for a real estate tax verification and./or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property .insured against loss by fIre, hazards included within the term "extended coverage," and any other hazards including. but 110t limited to, earthquakes and floods, for which Lender requires insUrance. This insul'ance shall be maintained in the amounts W.YOMING - Single Panúly.. Parol. M~./Freddle Mac UNIFORM IN~'TRUMENT FOfR1 30$1 1/01 . /J JJ/J GMACM· CMS.0042.wy (0001) (Page 6 of 18) Inftlnls: ~( tz:P~ (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised umeasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for nood zone determination, certification and tracking services; or (b) a one-time chllrge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certitìcation. Borrower shall also be responsible for the payment of any fees imposed by tbe Federal Emergency Management Agency in c01mection with the review of any Hood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but migbt Or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, aga1nst any risk, hazard or liability and might provide greater or lesser coverage tha~ 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 disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Secunty Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notíce from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an addìtionalloss 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 ofIoss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whetJler or not the underlying insurance was required by Lender, .shall be applied to restoration or repair of the Property, if the restoration or repair 1S 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 all 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 smgle 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 l'equJred to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, LOAN NO: 178501201 i WYOMING -. Single FomUy.. Ponni. Mae/Freddie M'.,UNIFORM JNSTRUM~ Fonn 3051 1/01 GMACM· CMS.OO42.WY (0001) (Page 7 of 18) I Iuitlals: ~( i . ! 19 ¡,f {b,,n ~~'?""'~"'!ì '!.li'4.i .f. ,1(.:. .«.;c.,¡" or other third parties, retained by Borrower shall not be paid out of the mS\Jrance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day pedod will begin when the notice is given. In eitller event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any InsUIance proceeds in an a1l10wlt not to exceed the amounts lUlpald 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 inaurance 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 shall continue to occupy the Property as. Borrower's principal residence for at least one year after the date of occupancy, unless Lender othenvise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating cltcumstances exist which are beyond Borrower's control. 7. Preservation, Maintt:nance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waate on the Property. Whether Or not Borrower is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless ìt is determmed 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 cOlmection with damage to, or the taking of, the Property, Borrowe:r: shal1 be responsible for repairing or restoring the Property only if Lender has released proceeds for such pUrposes. Lender may clisburse 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 110t sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obUgatioIl for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of tile Property, If it has reasonable cause, Lender may inspect the interior of the improvements on tile Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specify.íng such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of BOlTower Or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in WYOMING.. Single Fomily.- Fannj. Mo./Freddie Ma. UNlFOJIM INSTRUMENT FurIA 3051 1/01 ~ [) 1I)j) GMACM· CMS.0042.WY (0001) (Page 8 aj'i8) Initulls: 0 ) I¥YI<" ¡J"'t ~{i) '? <'])")1> ';I".~ \.i1<..,¡'~1 t-.J!' .........- ¡jlOffIW 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 in the Property and Rights Onder this Security Instrument. If (a) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might slgnitìcantly affect. Lender's interest in the Property and/or rights under lbis Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attajn priority over this Security Instrumeilt or to enforce laws or regulaÜons), or (0) Borrower has abaI;ldoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and nghts 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 tllis Security Instrument; (b) appearing in court; and (c) paying reasOllable attorneys' tees to protect Its interest in the Property and/or rights under tbis 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 from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned 011 or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shaH become additional debt of Borrower secured by this Secur·ity IostIlJment. These am01Ults shall bear interest at the Note rate trom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower re.questing payment. If this Security Instnunent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge U1Ùess 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 insULer that previously provided such insurance and Bon-ower WaS reqwred to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverllge substantially equivalent to the Mortgage Insurance previously ill effect, at a cost substantially equivalent to the cost to Bprrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantiaHy 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 shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserVe payments if Mortgage Insurance coverage (in the LOAN NO: 178501201 WYOMING .. Slnele Family·· FUIJÙ. Mae/FredOi. Me. UNIFORM INSTRUMENT Fonn 3051 1/01 ~ GMACM - CMS,0042.WY (0001) (Page 9 of 18) Initials: lìl!¿ <0. n ft ?.ryÞ 3,' tiJi\L,,jLI¡..' ~ amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiwns for Mortgage Insurance, Borrower !shalI pay ilie premiums requ.ired to maintain Mor~gage Ins~ance in effect, or to provid.e a on-refunda~le Joss res.erve, until the Lender's reqwrement for Mortgage InsUrance ends ill a cordance WIth any wntten agreement between Borrower and Lender providÌng for such termination or lUltil termination is required by AppHcable Law. Nothing in this Section 10 affects Borrower's oblígation 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 011 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 fl1at 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 iusurer m~\y have available (which may incluqe funds obtained trom Mortgage Insurance premiums). As a res1Ùt of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affùiate of any of the foregoing, roay receive (directly or indirectly) amounts that detive trom (01' 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 affïliate of Lender takes a share of the lllsurer's risk in exchange for a shilre of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts tJlat Borrower bas agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and tbey wiJ) not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 19.98 or any other law. These rights ma.y include the right to receive certain .disclosures, to request and obtain c.'U1cellatiön of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, aud/or to receive a refund of an" Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; ForfeitlJre. All Miscellaneous Proceeds are hereby assigned to a1)4 shall be paid to Lender. WY Ql\fiNG .. Single FaOlil' .. FlI1/Ùo M../Fr~ddl. Mac UNIFORM INSTRUMENT For'M ;\0$1 1/01 $R GMACM· CMS.0042.WY (0001) (Page 10 of 18) Initials: ~¡JI( ) :.::~ II ..- -- .-..,)~...r~.l \1,\1 '.;¡".V -.~".\ot ."'.~.. 'It'''''~ 'U_ If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is ecollomlcally feasible and Lender's security is not lessened. Dunng snch repair and restoration period, Lender shall have the right to hold such MisceJJaneous 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 illspectlOn shall be undertaken proinptly, Lender may pay for the repairs and restoration in a smgle disbursement or in a series of progress payments liS the work is completed. UIùess 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 Pl'o_ceeds 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, destruchon, or loss in value is equal to or greater than the amO\U1t of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower I\lld Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the aIllount of the MisceJlaneous Proceeds multiplied by tlle following fraction: (a) the total amount of the sums secured inunediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before the partial taking, destI1Jction, or loss in value, Any balance shalt 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 öf tbe Property Immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immecliately before the partial taking, destruction, or loss in value, urness Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whetJler or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opp.osing Party (as defmed 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 theli due. II Opposing Party II means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscel1aneous Proceeds. LOAN NO: 178501201 WYOIVIING .- SIn,), FI\IIÚJy·- FMni. MaolProddi. Mac UNIPOJlM IN~ïRUMIiNT l'Gnn 3ÐSl 1/01 R GMACM· CMS.OO42.WY (0001) (Page 11 of 18) Initials: ðß ,pili( Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or oUler material impairment of Lender's interest in the Property or rìghts under this Security Instrument, The proceeds of any award or claim for damages that are attnbutable to the impairment of Lender's interest in the Property ¡Ire hereby assigned and shall be paid to Lender. AU Miscellaneous Pl'oceeds that are not applied to restoration or repair of the Property shall be applied in the order provlded for tI1 Section 2, 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 opernte to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizatioI;l 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 from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several LiabHity; Co-signers; Successors and Assigns Bound. BOTl'ower coveIllints and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Secunty 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 terms 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 terms of this Security Instrument or the Note without the co-signel"s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instl1Jment in wnting, and is ¡lpproved by Lender, shall obtain all of Borrower's 1:Jghts and benetìts under this Security Instrument. Borrower shall not be released tì·OIU 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 Lender. WYOMING -. Single Follllly -- FlIOni. Mao/Freddie Mac UNIFORM INSTRUMENT F,onD 30$1 1101 f) niJ GMACM· CMS;0042.WY (0001) (Page 12 of 18) Initials; 3P)f\ !:t.Y,\ "'r>. ,,..,,, .." ,'1 ,..;,," ;', ,i{', ""'on' ,';.,",,",11.) 14. Loan Charges. Lender may charge Borrower fees for services perfonned in cOImection with Borrower's default, for the pUIpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property lllspection 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 coUected in connection with tbe Loan exceed the pernùtted limíts, then: (a) any such loan charge shall be reduced by tbe amount neces~ry to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted Jimits 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, tbe reduction w1l1 be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chHrge is· provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower wíll consbtute a waiver of any rìght of action Borrower might have arising out of such overcharge. 15. Not~ces. All NotIces given by Borrower or Lender in cOIUlection with this Security Instnunent must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all 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 BOIfower's change of address, then Borrower shall only report a change of address through that spe.cifïed procedure. There may be only one designated notice address undel' this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in cormection with this Security Ills.trument shall not be deemed to have been given to Lender unUl !\ctually received by Lender. If any notice required by this SecurIty Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located, All rights and obligations contained in this Security Instrument are subject to any reguirements and linùtations 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: 178501201 WYOMING - Sínglo Pamlly - FwnIe MaolFrcddio Mac UNIFORM INSTRUM6NT PotlJl 3051 1/01 f)ß~ GMACM· CMS.0042.WY (0001) (Page 13 of 18) Initials: J1-/~ ", n. )<?.n t"'j .¡j) ~.;H I~;'" ~~ i/ prohibition against agreement by con~ract. In the event that any provision or clause of this Secunty Instnlment or the Note cont1ícts with Applicable Law I such conflict shall 110t affect other provisions of this Security Instrument or the Note which can be given effect without the cont1icting provlSion. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the fenùlline gender; (b) words in the singular sluùl mean and include the phlXal and vice versa; allíÌ (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 Instmment. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest ill the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of 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 Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transterred) without Lender's prior written consen~, Lender may require immediate paymen~ in full of all sums secured by this Security Instrument, However, this option shaH not be exercised by Lender if such exercise is próJlibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notlce shall provìde a period of not less than 30 days from the date the notìce is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Ins~J'ument. If BI:)ffower fa·ils to pay these sUms prior to tbe expiration of this period, Lender may invoke any remedies permitted by tJ1is Secunty Instrument without further notIce or demand On Borrower, 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of; (a) five days before sale of the Property pursuant to aI~y power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment entorcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all swns 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 Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require tba~ Borrower pay such reinstatement slims and expenses in one or more of the followìng forms, as selected by Lender: (a) Cßsh; (b) money order; (c) cer~ified check, bank check, treasurer's check or Cßshiel"s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instromentalíty or entity; or (d) Electronic Funds Transfer. WYOMING - oSingl. Funilr'- FUJl!ie M..'Pre\I<Ji. Mac UNIFORM 1N~TRUMBNT Form 3051 1/01 GMACM· CMS.0042.WY (0001) (Page 14 of 18) In¡tials~K ¡J/ ,(' ..", 0. ..-\ . "':1I'j.' ./, :."J i¡;1j' ":""." ',.,' \4.. .. ;1,_·~; "" ¡¿~; 1)1 ,!;~ ,~;; r::J Upon rein~taWment by Borrower, this Security Instrument and obligatìoll8 secured hereby s.haU 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 (togetJler wíth this Securìty Instrument) can be sold one or mOre times WIthout prior llotli:;e to Borrower, A sale might result in a change in the entity (known as the "Loan Servlcer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan ServIcer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notIce of the change which wHl state the name and address of the new Loan Servlcer, the address to which payments should be made and any other information RESPA requires 1n connection with II notice of transfer of servicmg. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a Successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, Jam, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises froIl1 the other party's actions pursuant to this Security Instrument or that aHeges that the other party ]lIIS breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable períod 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 giv.en to Borrower pursuant to. Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shaH be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substam;es defmed as toxíc or hazardous substances, pollutants, or wastes by Environmental Law and Ille following substances: gasoline, kerosene, other namJDable or toxic petrolewn products, toxic pesticides and herbicIdes, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Envíronmental Cleanup" íncludes any respOl1se action, remedial action, or removal action, as defined in Environmental Law; and (d) an " Envirorunental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envirorunental Clean-up. Borrower shall not cause or pennit 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 ill violation of any Environmental Law, (b) which creates an EnvirorunentaJ Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 1785012 01 WY Ol\lING - Single Fan illy ., Pannie M..'f'r«I<JI. Mac VNIFORM INSTRtlMENT Farm ~051 1101 ~ ðZ GMACM· CMS.0042.WY (0001) (Page 15 of 18) Initials: '. 1).1,( "". ".~' '~J}.Ø"fI¡ "')0 ,f(:"J¡ , adversely affects the value of the Property. The preceding two sentences shaH not apply to the presence, me, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonrud residential uses and to maintenance of the Property (including, but 110t limited to, Imzardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govelIlIllental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Euviromnental 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 th(: value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any pI'Ívate party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actìons in accordance with EnviromnentaJ Law, Nothing herem shall create any obligation on Lender for an Enviromnental Cleanup. NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foUowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless AppJicabJe Law provides otherwise). The notice shall specify; (a) the default; (b) the action required to cure the default¡ (c) a date, not less than 30 days from the date the notice is given to BOI"rower, by which the default must be cured; and (d) that failure to cure the default on or before the date speciOed in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to. bring a court action to assert the non-existence of a default or any other defense of :Borrower to acceJeration 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 fun of all swns secured by this Security Instrument without further demand and may invoke the pOWer of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured. by this Security Instrument¡ and (c) any excess to the person or persons legally entitled to it. WYOMING -- Slngl. Famlly·- PIIMi. MooIPr.~~i. Mae UNIFORM INSTRUMENT FonnJ051 1/01"", 12 Z GMACM~ CMS.0042.WY (0001) (Page 16 of 18) InltlalsµD~ _ ,9f,f 23. Release. Upon payment of all S\11IlS secured by this Security Instrument, Lender shall release this Security Instrument, Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Börrower releases and WaIves all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms ¡md covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ~ 'j >- i,C\f\_v, fh, R ~,.'tuL. i _____....'1:,~.lQ non .B lÜ~ (Seal) -Borrower , Uv/ A~K!~rc (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 178501201 Witnesses: WYOMING .. Sing!. Family.. Fami. M.e/Freddi. M.. UNIFORM INSTRUMENT I'orln 3051 1101 GMACM· CMS;0042.WY (0001) (Page 17 of 18) ~ "'1 &i 'I ~,".';)) -:'1),:' "...;~ '.. ,J -!,...t\.,j!,¡¡." STATE OF WYOMING, INDIVIDUAL ACKNOWLEDGMENT ) ) 55 ) / . COUNTY OF ¿//¡C~l The foregoing instrument was acknowledged before me this July 5, 2007 (date) by Alan D. Rickert and Shannon B. Rickert, husband and wife LORI KALAN - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission Expires Feb, 26, 2011 (person acknowledging) ~~~ Notary Public My Commission Expires: ~6'þ~ # WYOMING .. Singl. Family.. Fuuù. MtWFleddic Mac UNIFORM INSTRUMENT 1""'01 )051 ]¡n1 c::: ,(\2Q . >.fllt GMACM - CMS.OO42.WY (0001) (Page 18 of 18) Iuitia1s:~ . ft, 'U.!'v...7'~;I,Ç·"':hJ SChedule A Wyoming Mortgage Given By: Shannon B Rickert and Alan D Rickert Page 1 See Schedule A ~\Î,:J~ ¡¿ pW ,..,.-~ "?"P ,<,' ,:I....,..P,.)~ SCHEDULE A FN-6 as shown on survey map 261-A on record with the Lincoln County Clerk as Receiving No. 916795 and more particularly described as follows: A pal·cel of land being part of Tract 76 and part of Lots 6, 7, 12 & 13 of Section 2 of the resurvey Township 21 North, Range 116 West ofthe 6th P.M., Lincoln County, Wyoming and being more particularly described as follows: Commencing at the Northwest corner of Section 2 of the resurvey of Township 21 North, Range 116 West, where is found a standard U.S.G.L.O. brass cap; thence North 89°27'42" East along the North township line of said Township 21 North, Range 116 West a distance of 260.70 feet to corner number 4 of said Tract 76 where is found a standard U.S.G.L.O. brass cap; thence South 89°44'06" East along said North township line of Township 21 North, Range 116 West, 838.65 feet to an angle point on said township line said point being monumented by a stone; thence North 89°14'09" East along said North township line 119.35 feet to a point on the South right of way boundary of Wyoming State Highway 233 where is found a 2" aluminum cap on 5/8" rebar stamped "CCI, PELS 5465, HWY ROW, JOG L T, 2005." thence South 54°49'46" East along said South right of way line of highway 233, 124.56 feet to the intel·section of the West boundary line of said Lot 7 of Section 2 where is found a 2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465, HWY ROW, L T, 2005." thence continuing South 54°49'46" East, 1340.00 feet along the South right of way boundal·y of said Highway 233 to the Point of Beginning of this description. Said point being monumented with a 2" diameter aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465, FN 5/FN 6, ROW, 2005." thence South 54°49'46" East, 764.55 feet along said Southerly right of way boundary of said Highway 233 to a point where is found a 2" aluminum cap on a 5/8" diameter rebar stamped "CCI, PELS 5465, FN 6/FN 7, ROW, 2005." thence South 16°51 '06" West, 1419.37 feet to the C '14 of said Section 2 where is found a Uinta Engineering & Land Surveying, Cloey C. Wall 3" aluminum cap on 2 Yz" aluminum pipe stamped approximately and dated 1992. thence North 89°55'35" West, 1147.65 feet along the E-W centerline ofsaid Section 2 to a point where is found a 2" aluminum cap on 5/8" diameter rebar stamped "CCI,PELS 5465, FN 5/FN 6, 2005." thence North 27°27'45" East, 2025.60 feet to the point of beginning. fb~ 0~~)L