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HomeMy WebLinkAbout935639 6010716182 After Recording Return To: RECEIVED 12/17/2007 at 3:08 PM RECEIVING # 935639 BOOK: 681 PAGE: 341 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00034i. GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034 ATTN: Records Management [Splice Above Tlus Line For Recording Dllta] Loan No. 181926809 MIN 1000375-0181926809-7 MORTGAGE tJíl, DEFINITIONS Words used in Illultiple sections of this document are de tined below and other words are detined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. ''1' v I :C; (A) "Security Instrument" means this document, which is dated December 11, 2007 ,together with all Riders to this document. (B) "Borrower" is Irby Haydon Jolea Haydon Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under 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, l\tll 48501-2026, teL (888) 679-MERS. WYOI\II NG ;;iuW. I'muily h FlllUli. MII</Pre<ldi:bMIIC lINII;OR~·IIN~TRlIMENT I"wm :\051 1101 .. V ~ I n ^~. (PageloJIB) 40:<5492G:I llUhIlIs:~-346 GI\IACM - CMS.0042. WY (0001) (D) "Lender" is GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation 000342 Lender is a limited liability company laws of Delaware 100 Witmer Road, P.O. Box 963, Horsham, PA organized and existing under the Lender's address is 19044 (E) 2007 Four "Note" means the promissory note signed by Borrower and dated December . The Note states that Borrower owes Lender Hundred Seventeen Thousand and 00/100 11, Dollars (U.S. $ 417,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2038 (f) "Prope¡'ty" 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 lateL:harges 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 D Adjustable Rate Rider Balloon Rider Other(s) [specify] D Condominium Rider ~ D Biweekly Payment Rider D D Plamled Unit Development Rider Second Home Rider 1-4 Family Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable tinal, 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 a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, otller tllan a transaction originated by check, draft, or similar paper instrument, which is initiated tl1fough an electronic terminal, telepl10nic instrument, computer, or magnetic tape so as to order, instruct, or authorize a tinancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Esc/'Ow Items" means tl10se items tllat are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any tl1Îrd party (otller tllan insurance proceeds paid under tlle coverages described in Section 5) for: (i) damage to, or destruction of, tlle Property; (ii) condemnation or other taking of all or any part of tlle Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, tlle value and/or condition of tlle Property. "'YOM ING ..,,, "","". ,.", ""'"""'"" """oow '~"',"M'~ ,~,ti, ""' t~ (~¡\ ¡\CM - CMS.I)()42.WY (UOUl) (Page 2 of 18) Initials: .000343 (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 (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 D.S.C. §260l 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 Security Instrument, "RESP A" refers to all requi rements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security I nstrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and moditications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower 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 located in the County [Type of Recording Jllris¡üctioll of Lincoln [Name of Recording Jllriswction] SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 231 River Rock Road, (Street} Afton , Wyoming 83110 ("Property Address"): (City/ [Zip Code} TOGETHER WITH all the improvements now or hereafter erected on the property, and all 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 Instrument 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 nOllùnee 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 required of Lender including, but not limited to, releasing and canceling this Security Instrument. VVYOMING h Sillgle Family -- FalUlÌe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 ~V· ~ Gi\1ACM - CMS'()()42.VVY (OO(H) (Page 3 of 18) Initials: ~ 000344 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURlTY 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 agree as follows: ]. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security T nstrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certitied check, banle check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section ]5. Lender may return any payment or partial payment if the payment or partial payments are insufticient to bring ·the Loan current. Lender may accept any payment or partial payment insufticient 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 app1ied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall re1ieve 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 Proceeds. Except as otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. LOAN NO, 1B1926B09 ~ \\'YOi\l ING ., ~ul¡;le PallúJy n Pallll;e Mac/Preddi. Mac UNIPORM INSTRUMENT Form 3051 1101 Gi\IACM - CI\IS.0042.WY (0001) (Page 4 of 18) Initials: 000345 If Lt:ndt:r reœives a payment from Borrower for a delinquent Periodic Payment which indudt:s a sufticient amount to pay any late charge due, the payment may be applied to the delinquent paymt:nt and the late charge. If more than one Periodic Payment is outstanding, Lmder may apply any payment received from Borrower to the repayment of the Periodic Paymt:nts if, and to the extent that, each payment can be paid in fulL To the extent that any t:xœss t:xists atkr the paymt:nt is applied to the full payment of one or more Periodic Payments, such t:xcess may bt: applied to any late charges due. Voluntary prepayments shall be applied tirst to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal dut: under the Note shall not extend or postpone the due date, or change the amount, of tht: Pt:riodic Paymt:nts. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Paymt:nts are dut: under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this St:curity Instrument as a lien or encumbrance on the Property; (b) leasehold paYlllt:lJts or ground rents on the Property, if any; (c) premiums for any and all insurance requirt:d by Lt:ndt:r under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payabk by BO!Towt:r to Lender in lieu of the payment of Mortgage Insurance premiums in ac(;ordam:t: with tht: 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 COlmnunity AssociatiolJ Dut:s, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees, and asst:ssmt:nts shalJ be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to bt: paid undt:r this Section. Borrower shall pay Lender the Funds for Escrow [tt:ms unless Lt:l1der waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lt:lJder 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 dirt:(;tly, wht:n 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 furnish to Lender receipts evidencing such payment wiù1În such time period as Lender may require. Borrower's obligation to makt: such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in ù1Îs Security Instrument, as ùIe phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall ùIen 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 notice given in accordance WiÙI Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufticient to permit Lt:ndt:r to apply the Funds at ùIe time specitied under RESPA, and (b) not to exceed ÙIe maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on tht: basis of current data and reasonable estimates of expenditures of future Escrow I tems or otherwise in accordance WiÙI Applicable Law. LOAN NO: 181926809 WYOMING n Single Falllily.. Fmuúe Mile/Freddie MHC UNIFORM INSfRUMENT Form 3051 1/01 ~ \ J ^ . GMACM - CMS.0042.\"'Y (OOO!) (Page 5 of 18) Initials: ~\/'..... " 000346 The Funds shall be held in an institution whose deposits are insured by a federal agency, i nstrumentali ty, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower fÖr 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 pernùts Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eanùngs on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an allllual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as detined under RESPA, Lender shall notify Borrower as required by R ESP A. and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deticiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Conillmnity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow ItelllS, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is 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 opÍ1ùon operate to 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 agreement satisfactory to Lender subordinating the lien to this Security histrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satistY the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax veritication 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 tire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts Gi\IACM - CMS.( (}42.WY (IJIJIJl) (Page 6 of 18) Initials: ~ \VYOi\IING h Slugle Family". F"u,ie Mae/Fredelie Mac UNIFORM INSTRUMENT Form :1051 1/01 000347 (im;luding dedUl:tible levels) and for the periods that Lender requires. What Lender requires pUrSUé\llt 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 unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood wne determination, certitication and tracking services; or (b) a one-time charge for flood zone determination and certitication services and subsequent charges each time remappings or similar changes 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 Agel1l:y in cOlUlection with the review of any tlood 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 nùght or nùght not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and right provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might siglùticantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of ßorrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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 additional loss payee. Lender shall have the right to hold the policies and renewal certiticates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prenùums and renewal notices. If Borrower obtains any form 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 lIlortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have tlle right to hold such insurance proceeds until Lender has had an opportUlùty to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender lIlay 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 eanùngs on such proceeds. Fees for public adjusters, LOAN NO: 181926809 WYOMING -- Sin¡¡le Pamily.. Pamue Mae/Preddie Mac UNIPORM INSTRUMENT Form 3051 lIOl GIVIACM . CMS.0042. WY (0001) (Page 7 of 18) Initials: f;v~ 000348 or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's se¡;urity would be lessened, the insurance proceeds shall be applied to the sums se¡;ured by this Sewrity Instillment, whether or not then due, with the excess, if any, paid to Borrower. SUl.:l1 insuranœ proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may tile, negotiate and settle any available insuranœ daill1 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 daim. The 30-day period will begin when the notice is given. In either event, or if Lender a¡;quires the Property under Section 22 or otllerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance poli¡;ies covering the Property, insofar as such rights are applicable to tlle coverage of tlle Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whetller or not then due. 6. Occupancy. Borrower shall occupy, establish, and use tlle Property as Borrower's prindpal residenœ witlÜn 60 days after the execution of tlÜs Security Instrument and shall I.:Ontillue to OC¡;Upy the Property as Borrower's principal residence for at least one year after tlle date of occupan¡;y, unless Lender otllerwise 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. Bo rrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent tlle Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 tllat repair or restoration is not e¡;ollomically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in I.:OnJlection with damage to, or tlle taking of, tlle Property, Borrower shall be responsible for repairing or restoring tlle Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for tlle repairs and restoration in a single payment or in a series of progress payments as the work is completed. If tlle insurance or condemnation proceeds are not suftkient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of sul.:ll repair or restoration. Lender or its agent may make reasonable entries upon and inspections of tlle Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notiœ at tlle time of or prior to such an interior inspection specifying sud1 reasonable cause. 8. Bon'ower's Loan Application. Borrower shall be in default if, during tlle Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate int(Jrlllation or statements to Lender (or failed to provide Lender with material information) in \VYOM I NG .. ~iJl~1o Family .- FIII""e Mae/Freddie Mac UNIFORM INSTRUMENT FOI·m :\051 1/01 Gi\IM:M . CMS.( ()42.WY (DOOl) (Pa8e 8 of 18) Initials: ~~ 000349 I.:onnel.:tion with the Loan. Material representations include, but are not linùted to, representations concenùng Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower faits to perform the covenants and agreements contained in this Security lnstrument, (b) there is a legal proceeding that might siglùtìcantlyaffect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condellli1ation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not linùted to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, induding its secured position in a bankruptcy proceeding. Securing the Property indudes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elinùnate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, tl1e leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. ] O. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of lIlaki ng the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. I f, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available frolll the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prenùums for Mortgage Insurance, Borrower shaU pay the prenúul1ls required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer seleçted by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earrúngs on such loss reserve. Lender çan no longer require loss reserve payments if Mortgage Insurance coverage (in the LOAN NO: 181926809 ",ryOlYIING .. Single Pamily.. Pmulie Mae/Preddie Mac UN1FORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042.WY (OOO!) (Page 9 of 18) IJútials: f;v:~ 000350 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 premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer anel the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any aftÏliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments fÖr Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or redm:ing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the prenùums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay I'or Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Bon"ower 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 1998 or any othe " law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. 'vVYOi\ 11 NG .. Single Fallli~t -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 b...~. Gi\V\CM " CIVIS.(}u42. iry (0001) (Page 10 of 18) Initials: OOO~5j. If the Property is damaged, such Miscellaneous Proceeds shall be apphed to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the ewnt of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the parti"dl 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 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, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss ill value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are ùlen due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as deíined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender witl1Ín 30 days after tlle date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means ùle third party tllat owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. LOAN NO: 181926809 WYOMING u SUlgI. Family.- Fllmli. M../Freddie MRC UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042. WY (OOO!) (Page II of 18) Initials: ~ \ 000352 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 tillS Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in tile Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of tile Property sllall be applied in the order provided for in Section 2. 12. Borrowel' Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or moditication of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of 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 otIlerwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by tile 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 tile amount tIlen due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument OlÙy to mortgage, grant and convey the co-signer's interest in the Property under the terms of tI1Ìs 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 acconunodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benetits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security I nstrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided üi Section 20) and benefit the successors and assigns of Lender. Gi\IACM· CMS.0042.WY (OOOl) (Page 12 of 18) Ilútials: 4VJv- \VYOiVIING .- SUlglo I'IImily -- I'IIIIIIio Milo/Freddie Mile UNIFORM INSTRUMENT Form 3051 1/01 000353 14. Loan Charges. Lender may charge Borrower fees for services performed in connet:tion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. [f the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in comlection with the Loan exœed the permitted limits, then: (a) any such loan charge shall be reduced by the amount neœssary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pernùtted linùts will be refunded to Borrower. Lender may choose to make ú1Ìs refund by reducing the principal owed under the Note or by lnaking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund ¡nade by direct payment to Borrower will t:onstitute a waiver of any right of action Borrower nùght have arising out of such overcharge. ] S. Notices. All Notices given by Borrower or Lender in connection with úlis Security Instrument must be in writing. Any notice to Borrower in connection with this Security [lIstrument shall be deemed to have been given to Borrower when ¡nailed by tirst class ¡nail or when at:tually delivered to Borrower's notice address if sent by oúler means. Notice to anyone Borrower shall ¡;onstitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be Úle Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, úlen Borrower shall only report a change of address through that specified prot:eclure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by tirst t:lass mail to Lender's address stated herein unless Lender has designated anOúler address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by úlÌs Set:urity Instrument is also required under Applicable Law, úle 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 úle law of the jurisdiction in which the Property is located. All rights and obligations contained in ú1Ìs Security lIlstrument are subject to any requirements and limitations of Applicable Law. Applicable Law nùght 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: 181926809 \VYOMING n Sill¡:le Family -- Fam"e Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GMACM - CMS.0042.VVY (OOOI) (Page 13 of 18) Initials: ~ 000354 prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note contlicts with Applicable Law, such contlict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the contlicting provision. As used in this Security Jnstrument: (a) words of ÙIe masculine gender shall mean and include corresponding neuter words or words of ÙIe feminine gender; (b) words in the singular shall mean and include ÙIe plural and vice versa; and (c) ÙIe word "may" gives sole discretion WiÙIout any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of ÙIe Note and of ùlis Security Instrument. 18. Transfe¡' of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in ÙIe Property" means any legal or beneficial interest in the Property, including, but not limited to, ÙI0se beneticial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, ÙIe intent of which is ÙIe transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in ùIe Property is sold or transferred (or if Borrower is not a natural person and a beneticial interest in Borrower is sold or transferred) WiÙIout Lender's prior written consent, Lender may require immediate payment in full of all sums secured by ù1Îs Security Instrument. However, ùlis option shall not be exercised by Lender if such exercise is prollibited by Applicable Law. If Lender exercises ù1Îs option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less ùIan 30 days from the date ùIe notice is given in accordance with Section 15 wiùÜn which Borrower must pay all sums secured by ùÜs Security Instrument. If Borrower fails to pay ÙIese sums prior to ÙIe expiration of ùÜs period, Lender may invoke any remedies permitted by ùÜs Security Instrument WiùIout furÙIer notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have ùIe right to have enforcement of ùlis Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law nlight specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing ùIis Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and ÙIe Note as if no acceleration had occurred; (b) cures any default of any oÙler covenants or agreements; (c) pays all expenses incurred in enforcing ù1Ís Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and oÙler fees incurred for the purpose of protecting Lender's interest in ÙIe Property and rights under ùlis Security Instrument; and (d) takes such action as Lender may reasonably require to assure ÙIat Lender's interest in ùIe Property and rights under ùÜs Security Instl1unent, and Borrower's obligation to pay ùIe sums secured by ùlÌs Security Instrument, shall continue unchanged. Lender may require ÙIat Borrower pay such reinstatement sums and expenses in one or more of ùIe 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 institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. (;i\L\CM - CMS.0042.WY (lIOOl) (Page 14 of /8) lIútials: ~ \VYOì\ II N(~ .. Si"gl" Fallli.ly .- 1'<1111\1. Mae/F,"eleli. Mac UNIFORM INSTRUMENT Foo·m :1051 1101 000355 Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrumellt 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 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 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, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notitied 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 period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportUIùty to take corrective action provisions of this Section 20. 21. Hazm-dous Substances. As used in this Section 21: (a) "Hazardous Substances" art: those substances detined as toxic or hazardous substances. pollutants, or wastes by Environlllental Law and the following substances: gasoline, kerosene, other tlanunable or toxic petroleulII products, toxic pesticides and herbicides, volatile solvents, materials contaiIùng 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) "EnvirolIDlental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envi ronmental Cleanup. Borrower shall not cause or pernùt the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shalll10t do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any EnvirolUnental Law, (b) which creates an Environmental Condition, or (c) which. due to the presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO, 181926809 ~ WYOMING n Sillgle Family n Fam"e MaelFreddie Mac UNIFORM INSTRUMENT For·m 3051 1/01 . GMACM - CMS.()()42. WY (()()()1) (Page 15 of 18) lJútía1s: . 000356 adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to norn1al residential uses and to maintenance of the Property (induding, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of ùle Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting Ùle Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender furÙler covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable 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 Borrower, by which the deFault must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. 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 acceleration and sale. If the deFault is not cured on or before the date specified in the notice, Lender at its option may "equire immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the rcmedies 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. \VYOi\IING .. Sillsle P",uily u FalUue Mae/Freddie Moc UNIFORM INSI'RUMENT Form 3051 1/01 4 J. I . G¡VIACM· CMS.0042.WY (OOO!) (Page 16 of 18) Initials: ~ 000357 23. Release. Upon payment of all sums 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 perllÚtted under Applicable Law. 24. Waivers. Borrower 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 and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Irby~K (Seal) -Borrower ^- (Seal) - Borrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 181926809 Witnesses: WYOMING -- Sillgl. Family -- PIUUli. MllelPreddie Moc UNIPORM INSfRUMENT Form :1051 1/01 GMACM - CMS.0042.WY (0001) (Page 17 of 18) INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING, ) ) SS COUNTY OF Lincoln ) 000358 The foregoing instrument was acknowledged before me this December 11, 2007 (date) by Irby Haydon Jolea Haydon (person acknowledging) Notary Public My Commission Expires: \VYOM ING h Siugle "III"ily -- ¡"lUlie M.e/Freddie M.c UNIFORM INSTRUMENT Form 3051 1/01 / - " G.\IACM - CMS.0042.WY (0001) (Page 18 of 18) lJùtiaIs; ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 0003!59 STATE OF CAnRl)'IA ¡. -.. , COUNTY OF ~"-L./ On --:i;)..fÁ:.Uf.,( ~ JSS ------, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the documellt and could prevellt fraudulent removal and reattachment of this fOrlll to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Document Date: Number of Pages: Signer(s) other than named above CAPAcITY(IES) CLAIMED BY SIGNER(S) INDIVIDUAL CORPORATE OFFlCER(S) TITLE(S) Right Thumbprint of Signer ( ( ] INDIVIDUAL ] CORPORATE OFFICER(S) TITLE(S) Right Thumbprint of Signer P ARTNER(S)- ( [ ] LIMITED ] GENERAL ] P ARNER(S)- ( ( ] LIMITED ] GENERAL ATTORNEY-IN-FACT ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN OR CONSERVATOR TRUSTEE(S) GUARDIAN OR CONSERVATOR OTHER OTHER SIGNER IS REPRESENTING: SECOND HOME RIDER 000360 THIS SECOND HOME RIDER is made this llthdayof December 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower," whether there are one or more persons undersigned) to secure Borrower's Note to GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: 231 River Rock Road Afton, WY 83110 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall OlÙY use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all tillles, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management tirm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any other persons or entities acting at the direction of Borrower 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 cOlmection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. LOAN NO: 181926809 MUL TlST ATE SECOND HOME RIDER - Sin Fannie Mae/Freddie Mac Uniform Instrume Page 1 01 2 402,,490U4 Initials: GMACM - CRM.0046.SECHOM (0411) ·00036j. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained ill this Se¡;olld Home Rider. /~~ Irby H9ð~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 181926809 MULTlSTATE SEcoND HOME RIDER - Single Fam(ly- Fannie Mae/Freddie Mac Uniform Instrument Form :3890 1/01 I GMACM - CRM.0046.SECHOM (0411) Pag~ 2 of 2 LEGAL DESCRIPTION EXHffiIT 'A' Order No: 6010716182 ·000362 That part of the West half of the Southwest Quarter of Section 24, Township 31 North Range 119 West of the 61h P.M., Lincoln County, Wyoming, being part ofthat tract of records in the Office of the Clerk of Lincoln County in Book 370PR on page 640 and in Book 570PR on page 634, described as follows: Beginning at a point, North 31 "26'16" East, 766.10 feet from the Southwest corner oJ said West Half of the Southwest Quarter; thence North 00"06'43" East, 503.53 feet, to the Southeast point ofthat tract ofrecord in said office in Book 516PR on page 403; thence coursing along the Easterly boundary line of said tract as follows: North 00"06'43" East, 123.95 feet, to a point; North 42°30'30" East, 49.41 feet, to a point; North 00°06'43" East, 190.55 feet, to the Northeast point thereof, said point being on the Northeasterly boundary line of said tract in Book 370PR and leave Easterly boundary line; thence coursing said Northeasterly line as follows: South 76°14'16" East, 158.02 feet to a point; South 85°01 '04" East, 60.99 feet to a point; South 42"29'48" East, 262.66 feet to a point; South 52"57'45" East, 86.00 feet to a point; South 70°44'31" East, 105.14 feet to a point; South 53°50'02" East, 75.94 feet to a point; South 21°22'09" East, 164.12 feet to a point; South 25°03'03" East, 45.30 feet to a point; South 88°47'37" East, 191.09 feet, to a point on the East line of said West half of the Southwest Quarter and leave said northeasterly line; thence South 00°07'07" West, 61.95 feet, along said East line, to a point; thence North 88°18'51" West, 83.48 feet, to the Easterly most point ofthat tract of record in said Office in Book 513PR on page 691, on the South right of way line of sixty (60) foot access and utility easement; thence coursing along said right-of-way line and the North line of said tract as follows: South 48°31'31" West, 83.89 feet to a point at the beginning of a circular curve to the right; Westerly, 90.09 feet, along the arc of said circular curve, through a central angle of 79°24'40" with a radius of 65.00 feet to a point; North 52°03'49" West, 114.78 feet, to a point; North 11 °03'16" West, 93.21 feet to a point at the beginning of a circular curve to the left; Northwesterly, 111.87 feet, along the arc of said circular curve, through a central angle of55°53'10" with a radius of 114.69 feet to a point; North 66°56'26" West, 125.01 feet to a point at the beginning of a circular curve to the right v~ Northwesterly, 55.52 feet, along the: arc of said circular curve, through a central angle of 21 °26'35" with a radius of 148~34 feet to the Northerly most point of said tract in Book 513PRj 000363 thence South 26°17'26" West, 26.85 feet, along the Northerly extension ofthe Southeasterly line of Tract A-2 Revised of record in said Office on the Plat No. 356F, . identical with the Westerly line of s~id tract in Book 513PR, to the Easterly most point of said Tract A-2 Revised; I thence continuing South 26°17'26" We~t, 86.32 feet, along the West line of said tract, to a point; : thence South 00°06'43" West, 394.37 fe:et, along said Westerly line, to a point; thence South 89°54'36" West, 308.65 fe~t to the point of beginning. I ~V