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HomeMy WebLinkAbout938044 '.Á" 6010816530 After Recording Retum To: ROCKY MOUNTAIN BANK 2515 E'OOTHILL BLVD. ROCK SPRINGS, WYOMING 82901 Loan Number: 14503436 RECEIVED 4/4/2008 at 12:18 PM RECEIVING # 938044 BOOK: 691 PAGE: 281 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000281. (Space Above This Line For Recordli19 Dfltal ___. - MORTGAGE MIN: 1005883-0803003120-2 DEFINITIONS ¿.:; j Words used ill multiple sections of this document are defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words lIsed in this document afC also provided In Section 15, (A) "Securlty Instrument" means this document, which Is dated MARC H 31, 2008 , log¡!lher with all Riders to this document. (B) "Borrower" is JAMES D LAIN AND ClI.ROLE A LAIN, HUSBAND AND vvIF'E Borrower Is the mortgagor under this Security Instrument. (C) IIMERS" is Mortgage Electronic Registration Systems. Inc, MERS is a separate corporation Ihat is acting solely as a nominee for Lender and Lendl)r's successors and assigns. MERS Is the mortgagee under this Security In,çtrumellL MERS is organized and exlsrlng under the laws of Delaware, and has an address and telephone number ofp.a. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS, (D) "Lender" is ROCKY ~10UNTAIN BANK Lender is a A V'if¥OMI NG BANKING CORPORATION organized and existing under the Jaws of NiGHING Lendm"s address is 2515 FOOTHILL BLVD., ROCK SPRINGS¡ WYOMING 82901 (E) "Note" means the promissory note signed by Bon-ower and dated ¡"'ARCH 31, 2008 The NOle states thatBorroweroWès Lender ONE HUNDRED EIGHTY-FOUR THOOSAND AND 00/100 Dollars (U.5.$ 184,000.00 )plusinteresl. Borrower has promised to pay this deht in regtllar Periodic Payments and to pay the debt in full nol later than APRIL 1, 2038 (F) "Property" TIIeans the property that is described below under the heildíng "Transfer of Rights in the Properly." (G) "Loan" means the debt evidenced by the Note, pIus interest, any prepayment charges and lale charge.s due under the Note, IInd all sums due under this Security Instrument, phis ¡meres!. WYOMING·.Single Family··FannIB Mae/Freddie Mac UNIFORM INSTRUMENT. Mms Form 3051 1/01 . Page 1 of 14 D(JçlVl~gic eJ;;wm~1Z> 800·649.7362 www.rJocmaglc.com W)':lC151.mzm ----- ... #- CAL 000282 (ll) "'Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders an! to be executed by Borrower fc.heck box as applicable]: o Adjustable n.¡¡te Rider o Balloon Rider o 1-4 Family Rider o Condominium Rider [J Planned Unit Development Rider o Biweekly Payment Rider o Second Home Rider o Olher(s) [spedfy] (I) "AppUcahle I,aw" means all controlling applicable federal, state amI local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. 0) "ColIUßuuity Association Dues, flees, alld Assessments" means all dues, fel~s, assessments and other charges that are imposlHl on Borrower or the Property by a condominium association, homeowners ílssociation or similar organization. (K) "EJectl'onic Funds Transfel'" means any trails fer of funcloS. other than ¡¡transaction originated by check, draft, or simHar paper Instrumen1. which is initiated through an eledronic terminal, telephonic instrument, computer, or milgnetlc lape so as to order, Instruct, or authürize u flnanc allnstitutio J to dehit or credit an account. Such IeI'm includes, but is not Hmited 10, point-of-sale transfers, aulomatell teller machine Iransactions, t (lI1sf(~l's ¡/lilia/cd by telephone, wire transfcrs, alld automated clearinghouse transfers. (L) "Escrow Items" means those items that are describt'd ill Section 3. (M) "MlsceIlaneous Proceeds" meanS any compensation, seulemenl. awarrl of dumages, or proceeds paid by any thln party (other than insurance proceeds paid under the coverages df.scrlhed in SecHon 5) for: (I) damage to, or destruc1ion of, the Property; (Ii) condemnation or other taking of all or any part of (he Property; (Hi) conveyance in lieu of condemnatioll; or (Iv) mJsl'epres(~ntatjons of, or omissions as to, the value and/or condition of the Propert)'. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayml!nt of, or defaulr on, the Loan, (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and jnterr.~t under the Note, plus (ii) any amounts undcr Section 3 of this Security Instrument. (P) "RESPA" means the Rea.l Estate Setthmlent Procedures Act (12 U.S.C. §2601 et seq.) ;md its Implementing regulation, Regula.tion X (24 C.F.R. Part 3500), as they might be aJm~n¡]ed from time to time, or any additional or successor legislation or regulation that governs the same subject malter. As used in this Security Instrument, "RESPA" refers to aJl reqnirements und restrictions Ihat areimposed in regard to a "feder<llly related mortgage loan" eVlm if the Loan does not quality liS a "federally related mortgage loan" under RESPA. (Q) "Successor in Intel'est of Borrower" meílns any party that has taken title to the Propeny. whether 01' not that party has assumed Borrower's obligations under the Note audioI' this Security Instrument. WYOMING-.SlngIB I'amily-·Fannie Mae/Fraddle Mac UNIFORM INSTRUMENT. MEnS Form 3051 1/01 Page 2 of 14 DocMagic fðhWrn;r.1!f, 80a-649.¡.16Z www.docmaglc.com Wy30:¡', .ruZm I, ---.,._..._ ~ C/lL TRANSFER OF RIGHTS IN THE PROPERTY 000283 This Security Instrument secures· (0 Lender: 0) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (H) toe perfol1Tiance of Borrower's covenants and agreements under this Security Instrument and the Note. Forthis purpoSe. Borrower does herehy mortgage, grant and convey 10 MERS (solely as nOlllinee for Lendel' and Lender's succes,~ors and assigns) amI to the successors and assigns orMERS, with power nf sale, the foJlovving dt¡scribed property 10ç¡1ted io the COUNTY of LINCOLN IType of R~cl1l'litng UI'istJJelinnl ¡Nollie of Rccnrrling JUI'lSflJcllool LOT 8 OF PLEASANT ESTATES SUBDIVISION, LINCOLN COUNTY! WYOMING AS DESCRIBED ON THE OFFICIAL PLl-"T FILED NOVEMBER 17 I 2006 AS INSTRUMANT NO. 924526 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. A.P.N.: 12-2612-06-3-058,00 which currently ¡as the address of 944 GALES WAY fStreelj LA BARGE IClty] , Wyoming 83123 ¡Zip Codel ("Property Address "): TOGETHEH WITH all the improvements now or hereafter erected on the property, and all easements, appurtl!nall(:E~s, and fìxture.nlOW or hereafter II part of the property. All replacenwnts aud additions 5halllllso be covered by Ihis Security Ins/rumenL AU of the foregoing is referred to in this Sel:Urity Instrument as the "Property, " Borrower understands and agrees thaI MEHS holds only legal title to the Interesl~ gran fed by Borrower in this Security Instl11ment, bUI, If necessary to comply with law or custom, MERS (as nominee for Lr.nder ¡lIId Lender's successors alld assigns) has thn right: to exercise any or all of those Interests, including, hut not limited to, the right to fon~clost~ and sell the Property; and to take any ilcllon required ofLenc1er Including, hut not limited to, releasing and canceling this Security Instrument, . BORROWER COVENANTS that Borrower is lawfully seised of ¡he estate hr.rehy conveyed and h:ls the right to mortgage, granl and convey the Property and thai the Property I~ unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the tllle to the Property againsl all claims and demands, subject to ailY encumbrances of record, THIS SECURITY INsTRUMENT combím:s uniform covenants for national u.~c ami non-uniform covenants with limited variations by jurisdiction to constitute a lIIúform sm.:urily Instrument coverJng real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPrinCÎpal. Interest, Escrow Iten'is, Prepayment Charges. aod Late Charges. ßorrowcrshall pay when due the principal of, and inlerest on, the deb! evidenced by the Note and any prepayment charges and late charges due under the Note·. Bor'rowcr shall also pay f'tlnds for Escrow Items pursuanl to Seclion 3. Payments due under the Note and this Security Jnstrumcmt shalf be made in U.S. currency. However, if any check or olher instrument received by Lender as payment under ¡he N01e or this Security Instrument is returned 10 Lender unpaid, Lender muy 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 hy Lender: (a) cash; (h) money order; (c) certified check, bal~k check, treasurer's check or cashier's check, provided any stich check Is drawn upon an institution whose rleposits are Insured by a federal agency, instrumcntalJly, or entity;· or (d) Elec1ronic Funds Tr;¡n.~fel', Payments are deemed received hy Lender when received at the 10<:allol1 designated in the Note or ¡¡j such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lemler may return WYOMING--Singll> Falnlly--Fannil> Mae/freddil> Mac UNIFORM INSTRUMENT - MERS Form 30511/01 Page 3 of 14 /}ocMagic fff/up,rn¡;:¡ 80!J.649, r JI;Z www.rlocmagiC.com Wy3051.1I1~1Q -, .w ,& ............---- #c!/L.. 000284 any paymenl or partial payment If the payment or partial paylnenlS are Insuftìdent to bdng the Loan current. Lender may accept any payment or partial payment insufficient to bring (he Loan currenl, wilhoul waiver of any rights hereunder or prejudice to its rights [0 refllse sllch paymcnt or partial paymenls in Ihe fUlure, but LencJer Is nol obligated tn apply such payments at the time such payments are accepled, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan curren!. If Borrower does not do so within a reasonable period of time, Lender shall eithlir apply such funds or return them to Borrower, If not applied earlh!r, such funds will he applied 10 the oUlstandlng principal balance under the Note Jmmediately prior to foreclosure, No offset or claim which Borrower might have now or in the fUI,ure against LeTHler shall relieve Borrower from making payments rlue under the Note and this Security Instrument or performing the COvenants anù agreements secnred by this Security Instrument. 2. Application of Payments Of' Pruceeds, Except as otherwise described in this Seclion 2, all payments accepted and applied by Lender shall he applied in the fot!owlng order of pdority: (a) interest due under the Note; (h) principal due under the Note: (c) amounts due lindeI' Section 3, Such paynwnts shall be applied 10 eadl Periodic Payment in the order in which It became due. Any rtJmalning amounts shall bl! applied first to late charges, second to any other amounts due under thIs Secnrity InslruJ1lent. and then to reduce the prindpal balance of the Note, If Lender recl!ives a payment frolll Borrower for a delinquent Periodic Payment which includes a sufficient amounl 10 pay uny late charge due, the payment may be applied to Ihe rlclinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to tlw repaymem of the Periodic Payments if, and to the extent that, each paymelll can be paid in full. To the extent Ihat any excess exists after the payment is applied to the full payment of one or more Periodic Payments, suc:h excess may be applied to any late c:harges due. Voluntary prepayments shall be applied first to any pmpayment charges and then as described in the Note. Any application of paymcnts, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not I'xlend or postpone the due date, 01' 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 fuji, a sum (Ihe "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can altain priority over this Security Instrument as ,I lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiullls for any and all insurance required by Lender under Seclion 5; and (d) Mortgagli Insurance premiums, jfany, or uny sums pi1yable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provi.sions of Section 10. These items are callerl"Escrow Items." At origination or at any time during the term oflhe Loan, Lemler I1wy require that Communl!y Association Dues, Fees, and Assessments, ifany, be escrowed by Bnrrower, and such dues, fees "ad assessments shall be an Escrow Item. Borrower shall promptly furnish (0 Lender all notice$ of amounts 10 he paid under this Section. Borrower shall pay Lr.nder the Fnnds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds fill' any or all Escrow Items. Lender III"Y waive Borrower's ohllgation to pay to Lemler Funds for any or ¡¡II Escrow Items at IIny time, Any such waiver ilia)' ani)' he In writing. In the event of sitch waiver, Borrower shall pay directly, when and where payable, the amuunts rlue for any Escrow Items for which paymcnl of Funds has been waived by Lender and, If L(;ndcr requires, shall furnish to Lender receipts evidl'ncìng sllch payment within such time period as Lender may require. Borrower's ubligalioH to make such paynwnts and to provide receipls shall for all purposes be deemed to be a covenanl and agreemenl contained in this SecuritY In.stnuuent, as Ihe phrase "covenant and agreement" is used In Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waivcr. and Borrow!!r falls t£1 pay the amount due for an Escrow Item, Lender mil}' exercise Its rights under Section 9 and pa.y such amoun! and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may \'evoke the waiver as 10 any or all Escrow Items at any time by a notice. given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, ilnd in such amDunts, that are then required under this Sec1Ìon 3. Lender may, at any time, collecl and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specJfied under RESPA, and (b) not to exceed the maximum amount a lender canl'equire under RESPA. Lender shall estimate the amounl of Funds due on the basis of current data and reasonable estimates of !JxpcllIlìtures of fUlure Escrow hems or otherwise in accord¿mce with Applicable Law, WYOMING·.Single Famlly..Fannle Mal.'lFreddie-MDc UNIFORM INSTRUMENT. MERS Form 3051 1/01 Page 4 of 14 Wy30SJ.1II21ß DoclV/agic e1h¡r¡m'II~ 800·649·1362 WWW.docm8gic.com ¡P CflL 000285 The Funds shall be Iwld in an instltuti.on whose deposits an~ Insured by a federal agent}', instrumentality, or entity (including Lender, if Lender is an institution whose deposits are su insured) or In any Federal HOllle Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than tlie time speclt1ed under RESPA. Lender shal/ nol charge Borrow!!r for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, UIiless Lender pays BOrl'owHr interest on the Funds and Applicable Law permits Lender to make such a charge. Unle.'ls an agreement is made in writing or Applicable Law requires inlerest to be paid on the Funds, Lemler shall not be required to pay BorroWer any interest or earnings on the Funds. Borrower and Lender can agree in writing, howevel', that interest shall be paid on Ihe Funds. Lender shall give to Borrower, without'charge, an annual accounHng of the Funds as required by RESPA. If there ,~ a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for (he eXcess funds in accordancewf1h RESPA. If there is a shortage of Funds held in escro-w. as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrow¡~r shall pay to Lender Ihe amounl necess¡¡ry to make up the shol'lage In accordance with RESPA, but in no more than 12 monthly payments. If there Is ¡¡ deficiency of Funds held in escrow, as defJned under RESPA, Lender shall notify Borrower as required by RESPA, amI Borrower shall pay to Lender the amQunt necessary to make up the detìciency in accordance wilh RESPA, but in no more than 1.2 monthly payments, Upon payment III full of all sums secured by this Security Inslrumenl, Lcndershall promptly refund to Borrow¡,r any Funds held by Lender, 4. Charges; Liens. Borrower shall pay all taxes, assessmenls, charges, fines, amllmposHions attributable to the Property which can attain priority over this Security Instrument, leasellOld payments or ground rents on Ihe Property, if any, and Community Association Dues, Fees, and Assessments. if any, To the exh!nt th,lt Ihese i!OIllS are Escrow Items, Borrower shall pay them in the manner provided in SectÎon 3. Borrower shall promplly discharge ilny lien which has priority oVI~r this Serurity InstnHlwnt unless Borrower: (..) agrees In 'wriling to the paymenl of the obligation securcd by the lien in a manner ncceptable to Lender, but only so long as Borrower is performing such agreement; (b) COntesls the lien in good faith by, or defends against enforcement of the lien In, legal proceedings which În Lender's opinion operate to prevent the enforcemcnl of the lien whlJe those proceedings are pending, hut only !Intil such proceedings are concluded; or (c) secures from the holder of ¡he lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines Ihat 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 giwn, Borrower shall satisfy the lien or lake one or more of the acliolls set fOlih above in this Section 4. Lender may require Borrower to pay a one-thue charge for a real estate tax verítìcation and/or reporting servìce used by Lender in connection with this Loan. 5, Propert}' 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 not limited to, earthqual<es and floods, for which Lender requires insurance. This insurance shall be maintained In the amounts (including deductible levels) and fot, the periods Ihat Lender requites. What Lender reqllÍl'cs pursuant to the preceding sentences can ch¡mge during the IeI'm of he Loan. The insurance carrier providing the insurance shall be chosen by Borrower subjccllo Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certltkatlon services and subseqll(!nt charges each time remapping!> or similar changes uccur which reasonably mighl affect such df!termioation or cm'tification, Borrower shall also be responsible for the payment or any fees imposed by the Fedcrn Emcrgency Managemen( Agency In collllection with the review of ilny !lour! ZlJn(' determination resulting from an objection by Borrower. If Borrower tàiJs to maintain any of the coverages described above, Lemler I1my obtain insurance coverage, at Lender's option ami Borrower's expense. Lender is under no ohligatlon to purchase any particular Iype or amollnl of coverage. Therefore, such coverage Shlll1 covel' Lemler. bnt mIght or might not prolect Borrower, Borrower's equjly in the Property. or the contents of ¡he Property, ag¡¡ nst any risk, hazard or lié1bi/ity und might provide grealer or lesser coverage than was previously in effect, Borrower acknowledges that 1he cosioI' the Insurance wwrage so obtained might significantly exceed thc cost of'insurance thai Borrowcr could have obtained. Any amounts disbursed WYOMING--Slngle Fnl11i1y--FatltJle Mae/Freddie Mac UNIFORM INSrRUMENT _ MERS turm 3051 1/01 Page 5 of 14 DocMaS/íc eFrWfTf,';;1ø 801).649.1352 WWW.dacmagíc.com Wy:UI51,OIzm --- 'CAL 000286 by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrumcnl. T ¡es(~ amounts shall bear interf'~~t at the Note rate from the dale of disbursement and shall be payable, with such ¡nteres!, upon notice from Lender to Borrower requesting payment. All insurance policies rcquired by Lender and renewals of such po jcÍl~s shall be suhjeJCtlO Lender's right 10 disapprove such policies, shall include a standard mortgaglJ clause, ¡¡nd shall name Louder <IS mortg¡¡g(~e andlor as an additional loss payee. Lender shall haw the right to hold the policies and renewal certificates, If Lender re1luires, Borrower shall promptly give to Lcnder all receipts of paid premiums 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 indud!! a standard llJortg.¡ge clause and shall IIRltle Lender as rn!Jrtgagel~ and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to rhe Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, any Insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair Is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Insurance proceeds until Lender has bad an opportunity to Inspect such Property to ensure the work has been complete-d to Lender's satisfaction, provided that such inspection shall be underlaken promþtly, Lender may disburse proceeds for the repairs ¡lIId restoration In a single payment or in a serIes of progress payment~ as the work is completed. Unless an agreement is made In wrHlng or Applicable Law requires Interest 10 be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties. retained by Borrower shall not be paid out of Ihe insurante proceeds and shall be the sole obligation of Borrower. If the restorallon 01' repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall he applied 10 the sums secured by thi.~ Secnrily Instrument, whether or nOllhen due, with the excess, if ílny, paid 10 Borrower, Such insurance proceeds shall be applied in the order provided for In Section 2. If Borrower abandons the Property, Lender may file. negotiate alld setfle any available Insurance claim ¡md related ,"alters, If Borrower does nol respond within 30 days 10 a notice from Lender that the insnri\nce carrier has offered 10 senle a claim, thell Lender may negotiate ¡md sell Ie the claim, The 30-day period will begin when the lIotiœ is gJven. In e/lher,event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns 10 Lender (a) Borrower's rights to any jnsuranr~ proceeds in an amount oot to exceed the amounls !lnp~id under the Note nr Ihis Security Instrumcnt, and (b) any other of BorJ'Owm"s rights (otlwr than the righl to any refund of unearned premiums paid by ßormwer) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage oî thc Properly. Lender Jllay use the insurance proceeds either to repair or restore the Properly or to pay amounts unpaid under the Note or this Sccurìty Instnllnent, whether or not then due. 6. OccupaJlcy. Borrower shall occupy, establish, and use the Property as Borrower's principaJ residence within 60 days after the execulton of this Security Instrument and shall conltnue to occupy the Property as BOI'fower's principal residence for at least one year after Ihe d¡¡te of occupancy, unless Lemler otherwise agrees in wri1lng, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Prescrvation, MaJntenance und Protection of the IJroperty; Inspections. Borrower shall nol destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on Ihe Property. Whether or not BorroWeI' Is residing In Ú1C Property, Borrower shall mafntain the Property in order to prevent the Property from deteriorating or decreasing In value due to its comlitlon. UnJessit is 'determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid funher de!erioration or damage. Ifinsllrance or condemnation proce(~ds are paid In connection with damage to, 01' the laking of, the Property, Borrower shall be res !onsjbJc far repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender ma)' disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work js completed. If the insurance or condemnation proceeds are not sufficient to repair orrestore the Property, Borrower is not relieved ufBorrower's obligation for the completion of such repair or I'I:'.storatJon. ~-- WYOMING·.Slt1gle Faltlily-.Fallllle Mae/Freddie Mac UNIFORM INSTRUMENT. MmS form30511/01 Pa!1e6of' ' DQcMagic a~))7f;;1~;''5 S()(}·64g./Jé.." www.docmagic.com Wy305/.m"m ------ , C4 000287 Lender 01' t~ agent may make reasonable entries upon and Inspecfioos of the Property. If It has reasonable calIse, Lemler may inspect the InterJor of the improvements on the Property. Lender shall give Borrower nolice at the lime of or prior to such ;m Interior inspection specifying such reasonaùle cause. g, BOI'rower's Loan Application. Borrower shall be, in default if, during the Loan appHcatirJ!] process, Borrower or any persons or entities acUng at the direction ofBorrower or wilh Borrower's knowledge or consent gave materially false, misleading, or jnaccurate fnfonnation or statemems to Lender (or failed to provide Lender wilh material information) in connection with the Loan. Material representations include, but arc not limited to, representations concenling Borrower's occupancy of the Property as Borrower's prjndpal re.sidence, 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (II) Borrower falls to perform the covenants and agreemen1s container in this Security Instrument, (h) there is a legal proceeding that might significantly affect Lender's interc.~1 In the Property and/or rights under this Security Instrument (such as II proceeding in bankntptcy, probate, fur condemnation or forfeìturc, for cnforcemcnt of a lien which may altain priorìty ovcr this Security Instrument or to enforce law,~ or regulations), or (c.) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonabl(! or appropriate to protect Lcnder's interest in ¡hc Property and rights under this SecurIty Instnllnent, including protecting and/or asse.%ing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but arc not Jimlt(!d to: (a) paying any sums secured by a lien which has priority over Ihis Security In,~'f1 nwn'; (b) appearing in courl; and (ç) paying reasonable attorneys' fees to protect its interest in the Property and/or- rights under Ihis Security Inslnlmenl, Including íts secured position in a bankl1lptcy proceeding. Securing the Property includes, but i,~ not limlterl to, entering the Properly to make repairs, change Jocks, replace or board up doors ami windows, drain Wilter from pipes. dlminate building or other code violations or dangerous conditions, and have utilities turned on 01' off. Although Lender may take actio II under this Section 9, Lender does not have to lto so and Is not under any duty or obIig<1t1on to do so. It Is agreed Ihat Lellderinçurs no liability for not taking any or all actions authorized under this Section 9. . Any amounts disbursed hy Lender under this Section 9 shall become adrlitional debt of Borrower secured by this Security Instrument. These amounts shan bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, UPOIl notice from Lemler to Borrower requesting payment. If this Security Instl'Ument Is on a leasehold, Borrower shall cnmply wllh all the provisions of Ihe leas(~. Borrower shall not surrender the leasehold !1state and interests herein conveyed or terminate or cancel the ground Icase. Borrower shaH not, without the express written consent of Lender, aileI' or amend the ground lea.~e. If BorroWeJ' acquires fee title to the Property, Ihe leasehold and he fec title shall not merge unless Lender agrees to the merger In writing. 10. Mortgage Insurance. If Lemler 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 hy Lender ccases to be available from tlwl110rtgagc insurer that previously provided such insurance and Borrower was required to mah separately designated payments lowurd the premiums for Morlgage Insurance, BormWer shall pay the premiums required to obtatn coverage subslantlally equlvalem to Ihe Mortgage Insurance previously In eifer.t, al a costsubslanti¡¡lIy equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If subst¡mtlally equlyi¡lenr MOItgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of Ihe sl'paralely designated payments that were due when the insurance coverage ceased In be In effect. Lender will accept. use and relain th(~sc paymenls as a non-refundable loss reserve in lieu ofMortgagl~ Insurance. Such loss reserve shall be lion-refundable, notwithstanding the fact that the Loan is ultimately paid in full. and Lender shall nof be required \0 pay Borrower any interest or earnings' un such loss reserve. Lender citn no longer require loss reserve payments If Mortgage Illsuran<:e coverage (In the 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 Morlgage Insurance as a condition of making the Loan and Borrower was required to make separately designated paynll!llts toward thepremiull1s for ¡\olortgage Insurance, Borrower shall pay the premiums requlrcdto maintain Mortgage Insurance in effec1, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in àccordanr.e with any written agreement between Borrower and Lender providing for such termination or untiJ lermination Is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. WYOMING..Sìngla FamllyuFannle Mae/Freddie Mac UNIFORM INSTRUMENT. MERS Form 3051 1/01 Page 7 or 14 DocMagíc ef"rl1i1TfnfC¡; 800-649·1362 www.docmagic.com Wy:\O),1.m¡:m -----.-..-......... /l CltL 000288 Mortgage lnsuranct! reimburses Lender (or any entity that purchases the Note) for certain losses II may Incur tfBorroweI' does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance, Mortgage insurers evalua.te their total risk on aU such insurance in fOfce from time to time, and )Jay enter ¡nlo agreements with other parties that share or modify their risk, or reduce losses. These agreements are 011 terms and conditions tllat are satisfactory to the luorlgage insurer and the other party (or parties) to these agreements, Thes(~ agreements may require the mortgage insurer 10 make payments using any source of funds thai tlw mortgage insurer may have available (which 11111)' Jnelude funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, an£lther Insurer, any reinsurer, any other entily, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (£II' might be characledzedas) a portion of ßorrower's payments fnl' Mortgage Insurance, in exchange far sharing or madifylng the mortgage insurer's tlsk, £II' redudng losses. If such agreement provjdes that an affiliate £If Lender takl~S a share of the insurer's risk in exchange for a share of Ihe premiums paid In the Insurer, the arrangement is aften tcnned "captive reinsurance." Further: (a) Anysueb agreements will not affect the Itmounts that Burrower hils agreed to pay for Mortgage Insurance, £II' any other terms oftbe Loan. Such agreements wil1not ineren,'ie tbe amount Borrower wiU Owe for Mortgage Insurance, and tJley WUlllot entitle Borrower to any refund. (b) Any such agreement.'i will not affect the rights Borrnwer has - jf any - with respect tn the Mortgage Insurance undel' the Homeowners Protection Act of 1998 or any other law. These dgbt.'i may Include the right to receive cel1aín disclosures, to request ¡}nd obtain cancellation of the Mortgage Inst/rance. to have tlte Mortgage Insurance terminated automatically, and/or to receive a rel\md (lfany Mortgage ImU1'ance premium,'i that were unearned at the time of such caJlI:elJlttion or terminatllllt. 11. Assignment IIfMiscellaneous Prllceeds; Forfeitul'e, All Miscellaneous Proceeds are ht~reby assigned to and shall be paid to Lender. Ifthe Prnperty is dam¡lgE'ct., such Míscellant~()us Proceeds shall be applied to restoration UI' repaJrofthe Property, If the restora.tlon or repair is economically fBilsible and Lender's security is not [\'$sencII. During such repair and restoration period, Lender ,~hall have the right (0 hold sllch Miscellaneous Proceeds unlìl Lender ha.~ had an opportunity 10 inspect such Property to ensure the work has heen mmpJele¡\ to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender lIIay pay for the repairs and restnration In a single disbursement or in a series of progress pa}1nents as the work is completed. Unless an agreement is made in writing or Applicahle Law requires Interest to be paid on such Miscellaneous Proceeds, Lemler shaJ/ not be required to pay Borrower any intcrest or eamings on such Miscellaneaus Proceeds, If the restoration or repair is 110t economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to Ihe sums secured by this Security Instrument, whether or not then due, wilh the excess, jf any, paid to Borrower, Such Miscellaneous ProC(!eds shaH be applied in the order provided for in Section 2. In the event of /I total taking, destruction, Or loss in value of the Property, the l'v!iscellaneous Proceeds shall be applied 10 the sums secured by this Security Instmmcl1t, whether or not then due, wìth the eXCeS.S, if any, paid tn Borrower. In the event of a partial taking, destruction, or loss in valm! of the Properly in which the fair market value of the Property immediately before the partial taking, deslruction, or loss in value is equal 10 or great·er Ihan the amount of the sums secured by this Security Instrument immediately before the parlia! taking, destruction,· £II' loss In value, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be wduceIÎ hy the amnunt of the Miscellaneous Proceeds multiplied by the following fractlun: (a) the total amount of the sums secured Immedlalely IIffore the panial taking, d(~struction, or luss in value divided by (II) ¡he fair market value of the Property immediately lip-fore the partial taking, destruction, or loss in value. Any balance shall he paid to ßorrower. In the event of a partial (a ¡jng, destrlfcuou, 01' loss in value of the Property in which the fair market value of the Property immcdlately before the pllrtia taking, destruction, or loss io valul' is less than the amount of Ihe sums secured immediately before Ihe partial taking, destruction, or lu.'i.~ In value, unlt)ss Borrower and Lender otherwise agree in wri1ing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then clue. If the Property is abandoned by Borrower, or If, after notice by Lender to Borruwer that Ihe Opposing Party (as defined in the next sentence) offers to make an award to seule a claim for damages, Borrower falls to respond t.o WYOMING-.Slngle Famlly..Fannia Mae/Freddie Mac UNIFORM INSTRUMENT _ MEr<S Fortn30511/a1 PageS· of 14 DucMagic ert"<;J)7(r:,''aJ 80G-649· 7J62 www,docmagic,cum WyJIJ5 J p>%m .IL C41-v 000289 Lender within 30 days after the date the notice is given, Lender is authorized 10 collect and apply the Miscellaneous Proceeds either to restoralion or repair of the Property or to the sums sccured by this Se<:urity Instrument, whether or 110t then due. "Opposing Party" means the third party that owes Borrower MiscelIancnus Proceeds or the party against whom Borrower has a right of actioo in ['[~g¡¡rd to Miscellaneous Proceeds. Borrower shall be in default If any action or proceeding, whether cìvil or crimmal. Is bl!gtm that, In Lend(~r's judgment, could result in forfeiture oFthe Property or othcr material Impairment nFLender's Interest in the Property or rights under this Socurll}' Instrument. Borrower can cure such ¡¡ default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the ilclion or proceeding to be dismissed wilh a ruling that, in Lender's Judgment, precludes forfeiturc of the Property or other material illlpairment of Lender's interest in the Property or rights under this Security Instrument. The procceds of any award or claim for damages that are attributable to rhe Jmpalnnent of Lender's Interest In the Property are hereby assiglleú and shall be paid to Lender, All Mlseellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not RI!Jeased; Foroearance By Lender Not II Waiver, ExtensIon of'1hc 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 operatlJ to release the iabilil}' of Bprl'Ower or any Successors In Interest of B.orrower. Lender shall not be required to commence proceedings agaillsl any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modiry amortization of the sums secured by this Security Instnunent by reason of any demand made by the original Borrower or any Successors in Interest of Borrovver, Auy forbearance by Lender in excrcising any right or remedy including, without limílatiou, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrowel' or III amounts less than the amouu1' then due, shall not be a wai.ver of or preclude the exercise of allY right or remedy, 13. Joint and Severa] Liability; Co-signers; Successors and Assigns BOWld. Borrower CQvenanls and agrees that Borrower's obligations and liability shall bejoint and several. However, any Borrower who co-signs this Security Instrument but does lIot execute the Notc (a "co-signer"): (a) is co-sigTllug this Security Instrument only to mortgage, grant ¡¡nd convey the co-slglJCf'S interest in the Property under thc terms of this Security [nstrument; (b) is not personaJly obligated to pay the slims secured by this Sp.curity Instrument; and (c) agrees that Lender and any olher Borrower can agree to extend, mOflífy, forbear or make any accommodations with regard 10 the terms of this Security Instrument or (he Note without the co-signer's consent. Sultlect to Ihe provisions of Section 18, ¡my Successor in Intcn!st of Borrow!!r who assumes Borrower's obligations under Ihis Security Insirumenl in writing, and is approved by Lemler, shall obtain ¡¡II ofBorrower's rights and benefits under this Security Instrument. Borrower shall no! be relea.~ed frol1l Borrower's (¡bJigations and liabÌlily under this Securily Instf1l.ment unless Lender agrees to such release In wrillng, The COvenants and agreements of this Securíly Instrument shall bind (except a~ provided in Section 20) and benefl1 the sllcœssors and. assigns of Lender, 14. Loan Charges. Leuder lIlay cbarge Borrower fees for services performed in connect/on with Borrower's default, for the purpose of protecting Lender's Interest III the Property anti lights under this Securlly Jns1l'llment. induding, but not limited to, attorneys' fees, property inspection 'Iud valuation fees, In regard to any other fees, the absence of express ;lUthorHy in this Security Inslnnnent 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 InslrulUent or by Applicable Law, If the Loan is subject to a law which sets maximum loan charges, and Ihat law is finally interpreted so thai the interest or other Joan charges collecled or to he collected in conneclion with the Loan exceerl the permitted limits, then: (a) any such lo¡¡n charge sh¡¡1l be reducerl by the amount necessary to reduce the charge to the permitted limit; and (b) any sum.5 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paymenl to Borrower. If a refund fl!duces principal. the reduction will he lœated as a partial prepayment without any prepayment charge (whelher or not a prepayment charge is provided fur under the Note), Borrower's aceept¡¡nce of any such refund made by direct payment 10 l~orrow(!r will constitute a waiver of any right of action Borrower might have arising oul of such overcharge. 15, Notices. All notices given by Burrower or Lendel' În connectJon with this Security Instrument must be In wrillng. Any notice to Borruwer in connection with this Sccuril}' Instl'llment shall he deemed to have been given to Do(;Mag;c eJÄ~"'/r "."/IIZ 800·649·1.1{;2 www;docl11agic,com WYOMING·.Slngle Family-·Fannie Mae/Freddie Mac UNIFORM INSTRUMENT _ MERS Form 3051 1/01 pagA 9 of 14 'w".-~':iO!il.lnzl1J ---. --...- 'CltL 000290 Borrower when ßlJI'iJed by first class mall 01' when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitutß notice to all Borrowers unless Applicable Law expressly requires othe1'wise, The notic(~ address shall he Ihe Property Address unless BOlTower has designated a substitute notir.e address by notice 10 Lender. Borrower shall pJ'Omptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower',s change of address, thell Burrower shall only report a change of address through that specified procedure. There lIlay be only one designatNI notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing It by first class mail to Lender's a(fdress stated herein unless Lender has designated another address by notice to Borrower. Any notice In connection with this Ser.urHy Instrument shall nol be deemed to have been given to Lender until actually receil'ed by Lemler. If an}' notice required by this Security Instrument is also rel uircd Ullrler Applicable Law, the Applicable Law requirement will satisfY the correspunding requirement undeJ' this Security Instrument. 16. Governing Law; SeverahflitYì Rules of Con~tructi"n, This Security Instrumenl shaH be governed by federal law and the law of the jurisdiction jn which Ihe Property is located, All rights and obligations contained iu this Sc<:urily Instrument an~ subject 10 any requiremeut.~ and linli!al/ons of AppliC<lbJe Law. ApplicHble Law might explici!ly (J ' Implkltly allow tlw parties to agn!e by contract UJ' If might be sHent, hul such silence shall not be construed as a prohibitIon againsf agreement by contrac , In the event that any provision or clause of thì,~ Security Instrument Or the Note conflicts with AppJicable Law, such conflict shalJ not affect olher provisions of this Security Instrument OJ' the Note which can be given effect without the conflicting provision, As used in this Security Instrument: (a) words of the masculine gender shall mean and indud!! corresponding neuter words or words of the fenilnine gender: (b) words in ¡he singular shall mean and include the plural and vIce versa; and (c) fJ1e word "may" gives sole discretion wiihoul any obligation to take any action, 17, Borrower's Copy. BotTower shalJ be given one copy of the Note and of this Security Instrument. 18, Transfer of the Property or a Beneficial Interest ill 'Burrower. As used in this Section 18, "Interest in the Property" means allY legal 01' beneflciallntcresl in the Property, including, but nol limited tl). those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agremnerll, the inlent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any rart of the Properly or any Interest in the Property is sold or transferred (or if BorTower Is not a natural person and a beneflcialinterest in Borrower is sold or transferred) without Lender's prior wrillen consent, Lender may require immediate payment in full of ¡¡II sums secured hy this Security Instrument. However, rhis option shalf not be exercised by Lender if such exercise is prohibJted by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of a cceler;¡tìon, The notice shall provide a period of not less than 30 days from he date the notice is given in accordance with Section IS within which Borrowcr must pay aU snms secured by this Security Instrument. If Borrower fails 10 pay these sums prior 10 thc expiralion of this period, Lender may Invoke any remedies permitled by this SeCllrity Instrument without further nolice ol'demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bc)rJ'Owcr shall have (he right to have enforcement ofihis Security Insfrumenl disconlifHwcl at any time prior ((J 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 might sp~r.ify for the tl~ 'minatíon of Borrower's righl to reinstaie; or (c) erllry of ,I judgment tmforcing this Secu/'Íly Instl'llHlenl. Those mndilions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (h) cures any default of any other covenants 01' agreements; (c) pays aJ/ expenses incurred in enfol'Cing this Security Instrument, including, but not limited to, reasonable allorneys' fees, properly inspection and valuation fees, and 'other fees incurred for the purpose of protecting L(mder's inh?l'est in the Property and rights under this Security Instl1Jment; and (d) takes such action as Lender may reasonably require to assure that Lender's interest 1n the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by Ihls Security Instrument. shall continue unchanged. Lender may require that Borrower pay su(:h reinstatement sums and expenses in one or more oflhe following forms, as selected by Lender: (a) cash; (b) money order: (c) certified check, banl( check, treasurer's check or cashier's clwck, provIded any such check is drawn upon an institution whose deposits are insured hy a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations WYOMtNG-.SlrigJe Family..FannJe Mae/Freddie Mac; UNIFORM INSTRUMENT. MERS Form 3051 1101 Page 10 of 14 Oor:lY1agiC ØM~ 800·649.1362 www.docmó1gic.com Wy:lO!i 1.fJUln .........,...---...-- , C~J.-. 000291. secured hereby shall rcmain tully effective as if no acceleration had occurred. However, this right to reinst;lte shall no! apply In the case of ¡Icceleration under Section 18. 20, Sale of Note; Change of 1,oall ServiceI'; Notice of Grievance. The Note or a partial Interest in the Note (together with this Security Instrument) can be sold olle Ol'Tuore times wllhout priotnotice to Borrower. A sale might result In a change In the enllty (known as the "Loan Servlcer") that collects Periodic Payments due under the Note and 1hls Security Instrument and performs other mortgage loan servicing obliga.tions under ¡he Note, this Security Instrument, and Appli.cable Law, There also might be one or more changes of the Loan ServiceI' unrelated to a sale of the Note. Ifthere is a change of the Loan ServiceI', Borrower wHf be given written notice of the change which wW state the name and address of the new Loan Servicer, 1he address to whkh payments should be milde and any other information RESPA requires in connection with a notice of transfer of servir.ìng. If the Note Js sold and thereafter the Loan is serviced by a Loan Servlcer olher than the' purchaser of the Note, the mortgage loan servicing obIigatíon~ to Borrower will remain with the Loan Servicer or be transferred to a Successor Loall Servicer and are not assumed by the Note purchaser I1nlc~ss otherwise provided by the Note purchase!'. Neither Borrower nor Lender may commence, Join, 01' be Joined to any judicial action (as either an Individual litigant 01' the member of a class) that arises from thc other party's actions pursuant to this Security Instrument or tha t alleges that the other party has breached any provision of, Or any dllty owed by reason of, Ihis Security Instrumcmt, until such Borrower or Lender has uotified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded thl! other party her~to a reasonable perIod aft!!r the gIving of such notice to take corrective action. If AppJicahle Law provides a time perioc1 which must elapse before certalll action can be taken, that time period will be dCf!\llCd 10 be reasonable fof' purposes of this paragraph. The notice of acceleration and opportunity to cure gJven to Borrower pursuant to Section l2 and the noliee of ac:cellmltion given 10 Borrower pursuant to Section 18 shill! be deemed tlJsatis(y the noriec ancl opporlulllty to talce cOrrectivr. action provisions of this SectIon 20, 21. Hazardous Substances, As used in this Section 21: (a) "I-I¡¡zardous Substances" are thlJsc substances defined as toxic or hazardous substances, lIiIlu(al1ts, or ~V'lsles by Environmentil) Law and the follnwing SUbSlilJ1ccs: gasoline, kerosene, other l1alllmable or toxic petroleum products, toxic pesllcides and /wrbìcides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "EnvironmenlaJ Law" nWilns federal laws anrllaws of the jurisdiclion where Ihe Property is located that relaie to health, safety or envirollmental protectioll; (c) "Environmental Cleanup" ¡neludes any response action, remedial action, or removal action, as detìned in Environmental Law; and (d) 1111 "Environmental Condition" lIleans a c.onditJon that can cause, conlribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal. storage, or release of any Haz.ardolls Sl!bstallces, or threaten to release any Hazardous Substances, on or in the Property. Borrower sl1<lI) lIot do, nor allow ànyonc IJlse to do. anything affecting the Propert)' (3) IImt is in violation of any Environmental Law, (b) which crea1es an Environmental CondHion. or (c) whích, due to the presence, use, or release of a Hazardous Subst¡mce. crcates a condition that adversely affects the value of the Property, The prcJœding two sentences .shall not apply to the presence, lJSe, or storage on the Properly of small quantities of Hazafllous Substances that are generally mcognized to be appropriate to nomlal residential uses and to malntemmcc of Ihe Propert)' (Including. but not limited to, hazardous substances In consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand. )¡¡wsuit 01' other action by any govemmen1aL or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actimJ knowJ¡~dge, (b) any Environmental Condition, Including but not limited to, any spUling, leaking. discharge, releas(~ or threat of' release of any Y'Iilzardous Substance, and (c) any condition cansecl by the presence, usp. or release of a Hazardous Substance which adversely affecls the value of the Property. If Borrower leams. or is notified by any governmental or regul¡Itory authority. or any private party, (hat any removal or other remediiltion of any Hazardous Subs(anc(~ affectìng the Property is neœssary, Borrower shall promptly tal,c all necessary remedial actions in accordance wilh Environmental Law, Nothing herein shall create ¡\OJ' obligation on Lender for an Environmental Cleanup, WYOMING··Slngle Famiiy·.Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. MERS Form 3051 1/01 Page 11 of 14 DbcMagjç er@mr~r.t 800.649,1.182 www.docmagic.com Wy:\O!I,l,1112111 -,.... --rr-- ~C~L 000292 NON·UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower Ilrior to acceleration following Borrower's brcachofany covenaut 01' agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable taw provides otherWise). The notice shall specify: (a) the default; (b) (he action required to cure the default; (c) a date, not le,~s than 30 days from the date the notice is gi'Ven to Bormwer, by which tJle default must be cured; and (d) that fa!lure to cure the default on or befor!! the d'lte .~pecified in the notice may result ill acceleration ofthe sums secured by this Security Imtrument and sale of the Property, The notice shall fu.rther inform BOI'rowel' of the right to reimtate after aCCl~leriltlon and the right ro bring a court action to assert the nOli-existence of a default or any oUler defense of BOlTower to acceleration and sale, If the default is not cun~d on or before the date specified in the notice, Lender at its option may require immediate payment in full of aII sums secured by this Security Instrument without further demand and m'lY invoke the powe.. of sale and any other remedies permitted by Applicable Law, Lender shall be entitled to coUcct all expenseS incurred in pursuing the I'ernedles provided In this SectlOll22, including, but not limited to, reasolluùlc attorneys' fees and costs of title evidence, If Lender invokes the power of sale, Lender shall give notice of intent to fo..ecluse to Bo....ower and to tile IJerson in possession of the Pro¡l\!rty, if different, in acmrdance with Applicable I.aw. Lender shall give notice of the sale to Borrowe.. in tJlC ¡mUUler provided in Section 15, Lender shall publish the notice of sale, and the Property shan be .mld In the manlier prescribed by Applicable Law. Ll1nder 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, reasonahle attorneys' fees; (b) to ull sums seCUJ'cd by this Secul'ity Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Relea.~e. Upon payment of all. sums secured by this Security Instrument. Lender shal1 release this Security Instrument. Borrower shall pay any recordallon costs. Lender ma.y charge Borrower a fee for releasing this Securily Inslrument, but only if the fee Is paid to a third parly for services rendered and the charging of the fee Is permitted under Applicable Law, 24. Waivers. Borrower re]eases and walvl!s alldghts under and by virtue of the homestead exemption laws of Wyoming. WYOMING--Single Famlly..Fannle Mae/Freddie Mac UNIFORM ïÑSTRUMENT . MERS Form30511/o1 P<iga12of14 Do¡;Magic e:r:¡~;!71ry,,,,, SOa.649.1362 wwW.dOCI718glc.co/71 WyJO'J.tnztn crt""'.. Cffk.. 000293 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenams contained in this Security In~tmmell1 and In any Rider executed by Borrower and recorded with it. CaÅ~L~ (S,,,,) CAROLE A LAn. -Borrower (Seal) . Borrower . (Seal) ·Borrower (Seal) -Borrower . (Seal) -Borrower Witness; \oVitness; WYOMING··SlngJe Fami/y.·Fannle Mae/FreddiE! Mar; UNIFORM INSTRUMENT. MERS Form 3051 1/01 Page 13 of 14 DacMagiç Ø!1um¡;1fI7, 800 64(J· 1362 www.dor;magic.com Wj'3US].n}1.1n CAL 000294 [Space Below This Line For Acknowledgment] Slilte of Wyoming County of LINCOLN ) ) ss. ) The foregoing instrumenl was acknowledged beforc me by JAMES D LAl N AND CAROLE A LAIN :] / .Jf day of m~I"C21.. I this d¿)t!J? Wìlness my hand and official seal. COUNTY Of LINCOLN STATE Of WYOMING d:Z 5i?d-¿ NOIM)' Public hrr' ~~^ Print or Type Name LORI KALAN - NOTARY PUBLIC My Commission Expires feb, 26, 2011 ~~~ (Seal) My commission exPt('es~~/6ð // WYOMING,..Slngla Fami/y·-Fannie Mae/Freddie Mac VNIFORIVIINSTRUMENT . MERS Form 3051 1/01 Þ'Ige 14 ot'14 DocMagic ef!115;t7¡T,(í¡§; BOO-64Y-136? www.docmaglC.com Wy~05l.mZJn -. , CAJ-..