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HomeMy WebLinkAbout941754 RECEIVED 8/29/2008 at 12:50 PM RECEIVING # 941754 BOOK: 703 PAGE: 608 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 6010817071 000608 [Space Above This Line For Recording Data] DEFI N ITIONS IVIORTGAGE Word~ u~ed in mulliple seclions of Ihi~ documenl arc dd'ined below and olher words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding lhe usage of words used ill this documenl arc also provided in Section 16. (A) "Security Instrnment" means this document, which is dated ....................... .Q?:2~:4QP.8........................, together with all Riders 10 this documel1t. (B) "Borrower" is ~.E.~N.E.W~: M(~~~~M.Q .C.~4~!çq".I~~~.R.'.W~~~.~Q.WQW!E~....... ...................... ..................... .......... ..... .................................................................................................................................................... . Borrower i~ the mortgagor ul1der lhis Securily In~lrull1enl. (C) "Lender" is .T~E. ~A~~. P.F. ~.~4~. Y~.L.LE.~ .~~~.X~~I~~A~Ç.~.................................................................................:... . . . . . . . . . . .. ........................................................................................................................ . Lender IS a .ÇQ~P.q~A.~I.Q~...................................................................................... organized and cxisting under tbe laws of .T.~qTA.~~.qf.~.XqMING.................................. ................... . Lender's addrcss is .~·.Q·.~P.X .9.4? .1.1.~?pm~~~.~~.~~W~y/...... .T.~~.XN~JYY..~~J?7........................................................... . Lender is the mortgagce under this Security Instrument. (D) "Note" meal1S the promissory uole signcd by Borrower and dated 0.8·22·2.008.............................................. . The Nole slates thai Borrower owes Lender 9N~ .H.~N.Q~m :r.~IHTY.EW~ .T.~9.U.~~NQAN.Q N9119P.................................................... ................................................. Dollars (U.S. $ PMW.QQ..................) plus interest. Borrower has promised to pay this deht ill regular Periodic Paymellts and to pay (he dcbt in full not later tban D.9:D.5:?Q1L................................... .................................................................................................................................................... . ~r till- (E) "PropcI'ly" means Ihe properly thai is described below under Ihe heading "Trallsfer of Rights in the Property." (F) "LO:III" IIll'ans Ihe dehl evÌlknced hy ¡he Nole. pills inil.;re~l, ,tny prepaYlllenl charges and laIc ehargcs due under the Note, alld ¡ill SUIllS due umkr this SecurilY 111~lrulllenl, plus iUleresl. (G) "Riders" Jeans all Rider~ \I) Ihis Securily 11I~lrulllent thai are execuled hy 130rrower. The following Riders are to be executed by Borrower [check box as applic;lblcJ: o Adjustable Rate Rider 0 Condominiulll Rider !XJ Balloon Rider 0 Planncd Unit Dcvelopmcnt Rider o 1-4 Family Rider 0 Biweekly Payment Ridcr (H) "ApplicaJ..¡le Law" means all controllin~ applicable fcderal, state and local statutes, regulations, ordinances and admillistrative rules and orders (that Ilave the;: eJ'reet of law) as well as all applicablc final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, ::IIul Asscssments" means all dues, fees, asscssments and other cbarges that are imposed on Borrower or the Property hy a condominium associalioll, homeowners association or similar organization. (.1) "Electronic Funds Tl":lnsfcr" I1lcans any transfer of funds, other tban a transactio/l originated by check, draft, or similar paper inslrulI~elll, which is inil~alcd 1!.II.·OUg!l a!1 eleclronic lenn!nal, leler,honic instrumel~t, compu(~r, or magneti,c lape so as 10 order, Instrucl, or aUlhonï.e ;1 Ilmlncl;¡J 111~lllull(ln 10 debil or credit an account. Such term mcludes, but IS not limited 10, point-of-sale trausfers. aUIOI1l;tled lellcr machine transactions, transfers initiated by telephone, wire I rallsfers , alld aUlolllated clearinghouse transfcrs. (K) "Escrow II ems" means those items lhal arc described iu Seclioll 3. (L) "Miscellancous Proceeds" meaus any compellsalion, selllement, award of damaþes, or proceeds paid by any third party (other lhml insurance erocceds paid under the coverages describcd in Section 5) for: (i) damage to, or destructIOn of, the Properly; (ii) condemnatlOll or otber takiUI! of all or any part of tbe Properly; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as t(), the value and/or conditioll of the Property. (M) "Mortgnge Insnrance" means insurance pro(eclin~ Lendcr al!ainst the nonpayment of, or default on, the Loan. (N) "Perio«ic Payment" means the reþularly schedu)ed amount due for (i) pnlleipal and interest under the Note, plus (ii) any amounts under Section 3 of this Securily Instrument. (0) "RESPA" mcans rhe Real Estate Seltlemcnt Procedurcs Act (12 U.S.C. §2601 et seq.) and its implementing rel!ulation, RCl!ulalion X (24 C. F. R. ¡Jar! 35(0), a~ they llIil!llI be amended froll1 lime 10 time, or any additional or successor legisfalion or regulalion ¡!Jal governs IIle sall1e suhject lIlaller. As used in this Securily Inslrument, "RESPA" rcfers 10 all re.l ui,.elll,~nI~ and reslTictio/ls Ihal ar\: il1l,r()~ed in re~a,.d 10 a "i"ederally related mortgage loan" even if the Loan doe~ not qualify él~ a ledel";tlly relaled IlH)rlg;¡ge loan und\:r IU;~I)¡\. (P) "Successor in Interesl of ßorrower" J )ea/l~ any party tbal has lakcn tilie 10 lhc Property, whelher or nottbat party has assumed Borrower's obligalio/Js under the Note and/or [his Security Inslrument. o Second Home Rider o Olher(s) [specify] ...................... TRANSFER OF RIGHTS IN TI-IE PROPERTY This S:;curity I nstrumcnt s::cures to Lendcr: (i) Ihe repaymcnt or Ibc Loan. élnd a!1 rcuewals, extensions and modifications of Ihe Nule; alld Oi) lbe performance of Borrower's covenanls and agrccments undcr Ihis Securily Instrument and the Note. For lhis purpose, Borrowcr does bereby mortgage, grant and convey 10 Lcnder and Lender's successors and assigns, with power of sale, [be following descrihed propcrly located in the ÇP.4~.TT............................................................. of {Type of Recording Jurisdiction! ~1.~ç.QW................................................................................. : ¡Name 01 Recording Jurisdiction! LOT 39 OF STAR VALLEY RANCH PLAT 12, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 10, 1977 AS INSTRUMENT NO. 496703 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. Form 3051 1/01 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Banksrs Systems, Inc., 51. Cloud, MN Form MD·1-WY 8/21/2000 r.f: 1/200 1 (IJfJ!:e I 0/ 7 pag".I) ~ &1L II~I! .I ~, ..jL 000609 which currently has the <tddress of .4QßWL.lT.~Q~.QR.......................................................................................... (Streetl .~J:48.V~.L.L~XRA~.G~........... .... ........................ ......., Wyoming .~~.m........................... ...... ("Properly Address"): ICity] (Zip Code) TOGETHER WITI-I <tll the improvemems now or here<tlkr erected on the property, aud é111 eé1Semenls, appurtenances, <tnd fixtures now or hereat'ler a part of the property. A IJ repl<tcements <tnd <tuditions shall <tlso be covered by thi~.Secufity Instrument. All of the foregoing is referred (0 in this Security Instrument as the "Property." . '~t-' f'~_.,. . BORROWER COVENANTS thai Borrower is <twfulJy scised lIf the csl¡ltc hereby wnveycd and h;ls lhe right to mortg<tge, grant and convcy the Properly a'nd Ihat the Property is ulH':/leulllbered. excepl ror eneulllbr;¡nee.~ of record. Borrower warf<tnts <tnd will defcnd generally the tille [0 the Propcrly against <tll daims and demands, subject [0 <tny encumbrances of record. TI-lIS SECURITY INSTRUMENT combines unifonn covenants for national uSt: and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrowcrand Lendcr COVt:nant and aeree as folJows: 1. Payment of Principnl, Interest, Escrow Items, Prcpnyment Charges, and Late Clwrges. Borrower shall pay when due the principal of, and interest on, the debl evidenced by the Nott: and any pœpayment chargt:s and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to SecLÌou 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is relurned to Lender unpaid, Lender /lIay require that any or all subsequent payments due under the Note and this Security Instrumeut be madc in one or more uf the following fonns, as selected by Lcnder: (a) cash; (b) money order; (c) certilïed chcck, hank check, Ireél.~urer's check or cashier's check, provided <tny sucll chcck is drawn upon an institution whose deposits are insured by a feueral agency, instrumentality, or entity; or (d) Elcctronic Funds Transfer. Payments <tre deemed received by Lender wheu received at the loca[ion designated in the Note or at such other location as may be designatcd by Lender in accordance with tile noliec provisions in Section IS. Lender may return any payment or partial payment if thc payment or partÌ;i! paymenls are insuflÏcienl to bring the Loan curren!. Lender may accept any paYIllt:nt or partial payment insufficient to bring the Loau currcnt, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payment.~ in Ihe fUlure, but Lender is not obligated to apply sueh payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplicd funds until Borrowcr makes payment to bring the Loan current. If Borrower docs not do so within a reasonable period of time, Lendcr shall either apply such funds or return Iht:lU to Borrower. If nol applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior 10 foreclosure. No offset or claim which Borrower mighl havc now or in [he future against Lender shaH relieve Borrower from making p;lyments due under [/Ie NOIt: and this Security Ins(rumelll or perfonning the covenaUls and agreemenlS securcd by this Securily Instrument. 2. Application of Payments or Proceeds. Except as olherwise dcscribed in Illis Seclion 2, all paY'l1ents accepted and applied by Lender shall be applied in the foHowing order of priority: (a) inlcrcsl due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applicd to each Periodic Payment in the order in which it became due. Any remaining amounts shaH be applied fÏrst 10 late chargcs, second to any other amounts duc under this Security Instrumeut, and then to reduce the principal bal<t/]ce of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to thc delinquent payment and the late charge. ]f more th<tn one Periodic Payment is outstanding, Lender may apply any p<tyment received from Borrower to the repayment of the Periodic Payments if, and to the exteut that, e<tch paymen( can be paid in full. To the extent that any excess cxists after the payment is applied to the full payment of one or more Periodic Paymeuts, such excess may be applied to any hltc charges due. Voluntary prepayments shall be applied first to any prcpayment charges and then as described in (he NOle. Any applic<tlion of payments, insurancc proceeds, or Miscellancous Proceeds to principal due under lhe Note shall not extend or postpone tbc due date, or change the amount, of the Periodic Paymenls. 3. Funds for Escrow Items. Borrower shall pay to Lcndcr ou the day Pcriodic Payments are due under the Notc, until the Note is paid in full, a sum (the "Funds ") to pwvide for payment of ¡1I11oUlllS due for: (a) taxes and assessments and other items which can aU¡lin priority over Ihis Security fuslwmcnt as a Jieu or encull1brauce on the Property; (b) leasehold payments or grouud rents on the Property, if any; (c) premiums for any and all insur<tncc required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of lhe payment of Mortgage Insurance premiums in élccordance wilh the provisions of Section W. These items arc calJed "Escrow Items." At origination or at any time during (he term of tbe Lo<tn, Lender may require th¡lt Community Association Dues, Fees, and Assessmt:nt.~, if any, be escrowed by Borrower, and such dues, fees aud assessments shall be <tn Escrow Item. Borrower shall promptly furnish to Lender all ootices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unlcss Lender waives 130rrower's obJ igatioo to p<ty the Funds for any or all Escrow Items. Lender may waive 130rrower's obligation 10 pay to Lender Funds for any or all Escrow Itcms al any time. Any such waiver may only be in writing. In the cven( of such w;liver, IJorrower shalJ pay directly. when and whcre payable, the amounls due for any Escrow I(cms for which paymcnl of Funds hils hcen w;lived by Lendcr ¡¡nd, if Lender requires, sh<tll furnish to Lender receipts cvidcncing such paYIlJClJ1 within such limc period as LelJder may require. Borrower's obligation to make such p¡lymellls and to providc reccipts shall for ilJJ purposes be deemed to be ;1 covenanl and agreement contained in this Security] nstrulllent, as Ihe pllfélSC "covenant and agreement" is used in St:ction Y. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount dUt: for an Escrow Item, Lender may exercise its rights under Section 9 and pay sucb amouut and Borrower shaJJ tben be ohligaled 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 with Section [5 and, upou such revoc¡ttion. Borrower shall pay to Lender all Funds. and in such amounts, that are tbcn required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pemlit Lender to apply thc Funds at the time specified uuder RESPA, and (b) nol 10 excced the maximum amount <t lender ean require uuder RESPA. Lcnder shall estimate the mnouut of Fuuds due on the basis of current dala and reasonable estim<tles of expenditures of future Escrow Items or otherwise in accordauce with Applicable Law. The Funds shall be held in ;In institution whose dcposits ¡Ire insured by ¡I federal agellcy, instrument¡dilY, or entity (including Lender, if Lender is an institution whose deposits arc su insured) or in ¡¡n)' Federill Ilolllc Loan Jank. Lcndt:r shall apply the Funds to pay the Escrow Items no later than the time spceilÏed undcr RESPA. Lender shall not charge Borrower for holding and applying (he Funds, annually alwlyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and A pplicabJe Law permits Lcnder to make such a charge. U nfess an agreement is m<tde iu writing or Applicable Law requircs interest to be paid on the Funds, Lender shaJJ not bc required to pay Borrower any interest or earnings on the Funds. Borrowcr and Lcnder can agree in writing, however. that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual <tccounting of tbe Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accouut to Borrower for the excess funds iu accordance with RESPA. If there is a shortage of Funds held in escrow, as dclÏneu ullder RESPA, Lender WYOMING - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3051 1/01 k f tV( f. t1t Bankers Systems,lnc., St. Cloud, MN Form MD-l-WY 8/2112000 (fla.~r! l r~1 71'a,!!r·.I) shöll notify Borrower ös required by RESPA, önd Borrower shall Pé1Y to Lender the ömount necessa~1?~§e~~the slJOrtöge in aceordönce with JŒSPA, but in no more than 12 monthly payments. If ¡here is a deficiency of Funds held in escrow. as defined under RESPA, Lender shall nOlify 130rrower as required by RESPA, önd Borrower shall pay to Lender the ömounl necessöry to make up tlIe dclïeieney in aceonlölu;e wilh RESPA, but it! nlJ Il\ore tlI¡¡1l 12 mOllthly payments. Upon pö)'mcnl in full of all sums seeured by this Seeurity InstrumeOl, Lender shall promplly refund to Borrower any FUllds held by Lender. 4. Charges; Liens. !3orrowt:r shall pay all taxt:s, assessments, clIarges, fines, and impositions attributable to t~e Property which eöll altöin priorilY over this Seeurity Instrument, leöst:hold paymenls or ground rents on the Property, If any, and Community Association Dues, Fees, alld Assessmellts. if' any. To the extent that Ihese items are Escrow Items, Borrower shall pay them ill the manlier providt:d ill Seclion 3. Borrower shall promplly discharge any lien which hé1S priority over this Security Instrument unless Borrower: (a) agrees in writing to tlIe payment of the obligation secured by the liell in ö l11önner öcceplable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends ögainst enforcement of the lien ill, legal proeeedings which ill Lt:l1der's opiuioll operale to preveut 11Ie enforct:mel1t of the lit:n while those proceedings are pending, but only until such proeeedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender suhordinöling tht: lien 10 Ihis Security Instrul11elll. If Lendcr dt:teIlllines thai any part of the Property is subject to a lien which Gin attain priorilY over this Security I n!;(rull1ent , Lender may give Borrower a notice identifying the lien. Withiu 10 uays of Ihe dale on whicl\ Ihat 1H1lice is givell, Borrower shall satisfy the lien or take one or more of the actions st:t forlh above in this Seetipn 4. Lender lTIay requirc I3nrrowt:r to pay a IJllc-tilnt: e[¡arge for a real eslalt: lax verifieation önu/or reporting service used by Lender ill conlleclion wilh this Loall. 5. Property Insurance. Borrower shélll keep the improvemt:llIs now eXlstll1g or hereafter erected on the Property insured agöinsl loss by fire, hazanls included within Ihe term "extended coverage." and any other lIazards including, but not limiteu 1o, earthquökes and 1100ds, for which Lender requires insurance. This insurance shall be maintained in the amounts (induding deductible levels) and for the periods that Lenuer requires. What Lender requires pursuant to the precedinl! sentences can chan!.!e durin!.! the term of the Loan. The insurance carrier providin!.! the insurance shall be chosen by ßorn;wer subject to Lend~r's right to disapprove Borrower's dlOiee. which right shall 7LOt be exercised unreasonably. Lender may require Borrower to pay, in connection with (his Loan, either: (a) ö one-time charge for flood zone delenninalioll, certilïcalioll éllld tracking services; or (b) a one-lilne charge for 1100d zone dclenninötion and certification serviees and subsequent dwrges eélch till1e remappings or similar ehanges occur which reasonably might affect such determination or cerlifiealion. ¡orrower shall also be n;sponsiblt: for thc payment of any fees imposed by the Federal Emergelley M;lnagclI1enl I\gency in ClJlllleclion wilh Ihe review of auy Ilood lOne determination resulting from an objecl iou by Borrowcr. If 130rmwer fails (0 Illaintöiu any of lhe coverages described above, Lender Illay obtain insurance coverage, at Lender's oplÌoll and Borrower's expense. Lender is under no obligalion to purchöse öny particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property. or the eontents of the Property, agöiust any risk, hazard or liöbility and miglIt provide greater or lesser coverage thön wös previously in effect. Borrower acknowledges Ihat the cost of the insurönce coverage so obtained might significantly excet:d the cost of insurance lhat Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall bt:come additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note félte from the döte of disburselllt:llt and shall bt: payablt:, with such interest, upon notice from Lender to Borrower requesting payment. All insl1l"élnCl: pnlieies required by Lender and renewals of such policies shöll bt: subject to Lender's right to disélpprove such polieies, slwll inelude a sla/llI;II"l1 1IIIIrtgage elause, and sh,lil nall1e Lemkr élS mortgagee and/or as an additionéll luss pélyet:. Lender .~Iwll have Iht: riglll III hold the policies and renewal certificates. If Lender requires, !3orrower shall promptly give to Lcmkr all reeeipts of paid premiums aud renewal notiees. If Borrower obtains any fonn of insurance covewge, not otherwise retluired by Lcnder, for dömage lO, or destruction of, the Property, such policy shall include ö standard mortgage clause and shall nöme Lender as mortgagee and/or as an ödditiollölloss pöyee. In the event of loss, Borrower shall give prompt notice to the insurance cörrier and Lender. Lender may make proof of loss if not made promptly by Borrower. U nlcss Lender and Borrower otherwise ögree in writing, any insurance proceeds, whether or not the underlying iIJsurallce was retluired by Lt:uder, slIöll be applied to restoration or repair of the Property, if 11Ie restorötion or repair is economically feasible and Lt:uder's security is not lessened. During such repair and reslonHion period, Lender shall have the riglll to hold such insuranct: proceeds until Lender lws had an opportunity to inspect such Property to ensure the work has bt:en completed to Lender's sötisfaclioll, provided thöt such inspection shall be undt:rlöken promplly. Lender mélY disbu rse proceeds for lhc repairs and restoraLÌon ill a sing ¡; pöyment or in a series of progrcss payml'nls as till' work is eOlllplcll'd. Unless ,III agn.:eIDl'lll is made in wriLÌng or Applicable Law requires interest 10 be paid on such insurance prueeeds, Lender shall nOI be required In pay Borrowcr allY interest or earnings on such proceeds. Fees for publie adjusters. or other third parties, retaim:d by Borrower shall not be paid out of the insurance proceeds and shall be the snle ohligation or Borrower. If the restoratiun or repair is nol economically feasible or Lender's security would be lessened, the insurallce proceeds shöll he applied to the sums seeurcd by this Security Instrument, whether or not then due, with tbe excess, if öny, paid 10 Borrower. Such insurance proceeds shall be applied in the order providcd for in Sectinn 2. If Borrower abandons the Property. Lender may file, negoliate élnd settle öny available insurance claim and related malters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to seule a claim, then Lender may negoliate élnd seltle the claim. The 30-day period will bt:gin when (he notice is given. In either evenl, ur ir Lcndt:r aCtluires the Pruperly undcr Seclion 22 or otberwise, Borrower hereby assigns to Lender (a) Borrower's rights 10 any insurancc proceeds in an al11uunl nol 10 exceed the aIllounts unpaid under the Note or this Security InSlrUmclJl, and (h) any plher or !JOITOWL-r'S righls (1)lher than Ihe right (0 öny rerund of uncarnt:d premiums paid by Br)rrower) und~r all i!J~;urancc rulicies covering Ihe ['nJpcrlY, in~:iJrar as sueh righls an: applicahle to the coverage of lhe Properly. Lender lIlay use the illsurallec procecds either 10 repair or restore [he Properly or to pay amounts unpaid under tbe Nole or Ihis Securily Instrument, whether or nnt then dUe. 6. Occupancy. Borrower shall occupy, cstahlish, and use the Property as 130rrower's principal residence within 60 days öftt:r the execution of this Sceurity I nSlrumt:nt alld shilll cUlllinut: to occupy thc Property as Borrower's principal residence for at least one year öner the date 01' uccupancy. unless Lender otherwise agrCl:S in writing, wlIich consent shall not be unccösollably withheld. nr unless extenuating circumstances exist which arc beyond 130rrower's control. 7. Preservation, Maintenance amI Protection of the Property; Inspections. Borrower shall not destroy, damöge or impair Ihe Properly, allow the Prnperty to deteriorate or commit waste on (he Property. Whetht:r or not Borrower is rt:siding ill tbe Property. Borrower shall Illainlain (he Property in order 10 prevent the Property from deteriorilting or deereasing in value due to its eondition. Unless it is determined pursuönt to Section 5 that repair or restoration is not economieölly kasible, Borrower shall prompily repair the Property il' dömaged to avoid further delerioration or damage. If insurance or eOlldemnalion proceeds arc paid in conneclioll with da!llöge to, or the laking of, the Property, Borrower slIall bt: respoll.Üble ror repairing or restoring Ihe Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for llIe repairs and resloralioll in ö single paymenl or in a series of progress payments as the work is eompleted. If the insurance or cundemnatiun pmceeds are nut sullicient to repair or reslor¡; the Property, Borrower is not relieved of l3orrower's obligation for the eOlllpletioll of such rt:pair lJr restoration. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 307) ~ 1 (pflge30j7poge.<) ~ ~ Bankors Systoms, Inc., St. Cloud, MN Form MD-1·WY 8/21/2000 OOû61.1. .··'Lèrrde-t'o:Ùits agent may make reasonable enlrie~ upon and in~pections 0" the Property. If il has rea~onab!e cau~e, Lender may inspecl the interior of lhe iI1lprovel11ent~ on the Property. Lender ~haIl give Borrowt:r notice at the time of or prior to such an interior inspeclion specifying such rt:awnahIe cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of 130rrower or Wilh Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed [0 provide Lender wilh material infonnation) in connection wilh the Loan. Matt:rial representations include, but are not limi[ed 10, n:pre~entalions concerning Borrower's occupancy of tbe Property as Borrower's principal residence. 9. Protection of Lender's Interest iu the Property and Rights Under this Security Iustnllllent. J r (a) Borrower fails to perfonn the covenants and agreements cOlllained in lhis Seeurily I nSlrument, (b) there is a legal proceeding that might significantly affect Lender's interest in lhe Propefty and/or righls under this Securily Instrument (such as a proceeding in bankruptcy, prohate, for condcmnation or forfeiture, for enforcement or a lien wbich nlilY 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 approfJriale to protect Lender's inlere~t in the Propcrty and righls under this Security Instrument, including ptoleeling and/or a~~cs~ing the value or lhe Property, and $ccuring and/or repairing the Property. Lender's actions can include, but are IlOl limitcd to: (a) paying any ~ums sccured by a lien which has fJriority over this Security Instrument; (b) appearing in cour!; and (c) paying reawnable attorney~' fee~ 10 prote¡;l .it~ interest in the Property and/or rights under this Security J nstrumenl. induding its sl:¡;ured po~ilion in a bankruptcy procl:Cding. Securing the Property includes, but is Jot limited to, entering the Properly to make repair~, change lo¡;ks, replacl: or board up doors and windows, drain water from pipes, eliminate building Of other code violations or dangerou~ condilion~. and have utilities turned on or off. Although Lender may takc action under this Section 9, Lender doe~ 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 bc¡;o!TIe additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from tbe 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 provision~ of the lease. If Borrower acquires fee tille to thc Property, the leasehold and the fee tiUe ~haJl not merge unle.~s Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lellder required }l¡orlgage Insurancc as a condition of making Ihc Loan, Borrower shall pay the premiums required to maintain the Mortgage Insunlncl: in elTec!. JI', for any re,¡son, the Mortgage Insurance coverage required by Lender Cl:ases to be available from the mortgage insurer tlwl previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage IlIsurance, Borrower shall pay the premiums required to obtain coverage substantially cquivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in erfeet, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage I nsurance coverage is not available, Borrower shall eontinne to pay to Lcnder the amount of the separately designated payment~ that were due when the insurance coverage ceased to be in effect. Lender will accept. use and retain these fJayments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such los~ re~erve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not bl: rl:quired to pay Borrower any inlerest or earnings on such loss re~erve. Lender can no longer require loss re~erve payments if Mortgage I nsuranCl: coverage (in Ihe amount and for the periou that Lender requires) provided by an in~uœr selecled by Lender again hl:collll:s avail;¡hle, i~ Ohlainl:d, and Lender require~ separatdy designated payments toward thl: pl.TmiulllS for Mortgage In~ur'lncc. If Lcnder ITljuired Mortgage Insur;¡nce as a condition of making the Loan and BornJwl:r was required to make separatdy d<.:~ignélled paYllle111s toward lIll: premiums for Mortgage Insurance, Borrower sball pay the premiums rel uilTd to maintain Mortgage Insurance in effl:ct. or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance willi any written agreement between Borrower and Lcnder providing for su¡;h teonination or until temlÎnation is requireu by Appli¡;able Law. Nothing in this Seclion 10 affects Borrower's obligation to fJay interest at the rate provided in the Note. Mortgage Insurance reimburscs Lender (or any entity that purd1ases tbe Note) for certain losses il may incur if Borrower does not rcpay the Loan as agreed. Borrower is /Jot a party to the MOftgage Iusurance. 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 arc on terms and conditions that are satisfactory to the mortgage in~urer and (he other party (or parties) to these agreements. These agreements may require lhe mortgage insurer to make paymenls using any ~ource 0/' fund~ that the mortgage insurer may have available (which may indude rund~ obtained rrom Mortgage Insurance fJrellliull1s). As a result of these agreemellt~, Lender, any purchasl:r of lhc Notl:, illlolhn in~url:r, any rl:Ìnwr<.:r, any other enlity, or any affiliate of any of tbc foregoing, may receive (directly or indireelly) amounts that derive from (or might be characterized as) a portion of Borrower's paymenls for Morlgage I nsurance, in exchange for sbaring or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that au arfiliatc of Lender takes a share of inwrer's risk in exchange for a share of tbe prcmiums paid to the insurer, the arrangement is often ternwd "captive reinsurance." Further: (a) Any such agreements will not affect the amouuts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will uot increase the amouut Borrower will owe for Mortgage Insurance, aud they will not entitle Borrower to auy refund. (b) Any such agreements will not affect the rights Borrower has--if any--with respect to the Mortgage Iusurance uuder the Homeowners Protection Act of 1998 or ~1IlY other law. Thesc rights may include the right to receive certain disclosures, to rcc!ucst and obtDin cnllcellation of the Mortgnge Insnnl1lce, to have Ihe Mortgage Insurance terminated Dutomatically, Dnd/or to receive a refund of nllY I"Jortgage Insllrance premiums Ihal were unearned at the time of such cancellatioll or tenninatioll. 11. Assignmeut of .Miscellnneous Proceeds; Forfeiture. All t"'i~¡;ellaneous Proceed~ arc hereby assignl:d to and shall be paid to Lender. If the Property is damaged. ~ueh !v!iscellaneous Proeeed~ ~hall be applied to rcstoration or repair of the Property, if the restoration or repair is economically feasible and Lcnder's security is not le~~ened. During such repair and restoration period, Lender shall have the righl to hold such Miscellancous Proceeds unlil Lender has had an opportunity to inspl:ct such Property to ensure the work has been completed 10 Lcnder's sati~faction, provideu (hal sueh inspe¡;tion shall bc 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 require~ interest 10 be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or carnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's sl:curity would bl: lessened, the Miscellaneous Proceeds shall be afJplied to the wms secured by this Security In~t rument, whether or not I hen due, with the excess, if any, paid to Uorrower. Such Mi~ecllaneous Proeeeus shall be applieu in the ordl:r provided for in Section 2. In the event of a total taking, dl:~truction, or loss in value of the ProfJerty, lhe Miscellaneou~ Proceed~ shall be applied to the sums se¡;ured by this Security Inslrumellt, whether or not then due, with lhe exce~s, 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 valul: of the Property immediately before the partial taking, de~truction, or lo~~ in valuc is equal to or grealer than the amount or the sums secured by this Security In~lrument imml:dialcly before the parti¡j] laking, destruction, or lo~s in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by lbe WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 4oJ7¡JfI¡:e.l) ~ (I.m Bankers Systems,lne., St. Cloud, MN Form MD-1-WY 8/21/2000 '~.'..';>.~ Ci00612 amount of the Miscellaneous Proceeds multiplicd by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately hefore the partial laking, destruction. or loss in value. Any b¡¡l¡¡nce sb¡¡1I be paid to Borrower. In the event of a partial taking, destruction, or loss in value of tbe Property in which the fair market v¡¡lue of the Property immediately before the partial t¡¡king, destruction, or loss in v¡¡lue is less than tbe amount of the sums secured immedi¡¡tely before the partial taking, destruction, or loss in vaIUl:. unless Borrower ¡¡nd Lender otherwise agree in writing, the M iscell¡¡neous Proceeds sh¡¡ll be ¡¡pplied to the sums secured by this Security Instrument whether or not the sums ¡¡re then due. If the ProperlY is abandoned by Borrower, or il', after notice by Lender to Borrower that the Opposing Party (as defim:d in the next seutel\(;e) oIlers tll lI1ake an award to settle a clélÍm for damages, Borrower fails to respond to Lender within 30 days after the date the nolic<: is giv<:n, L<:nd<:r is authorized to collect and apply the Miscellaneous Proceeds either to r<:s[oration ur repair of the ProperlY or tu the sums s<:cured by tbis Security lustrum<:n[. whether or not then due. "Opposing Pany" means the tbird P¡¡rLy that uwes Borrower Miscell¡¡neou.~ Proceeds or tbe party ag¡¡inst whom Borrower has a right of action in regard to Miscellanellus Proceeds. Borrower shall be in default if ¡¡ny action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeil ure of the Property or other m¡¡teri¡¡1 impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a def¡¡ult and, if acccIer¡¡LÌoll has occurred, reinstate as provided in Section 19. by causing the ¡¡ction or proceeding to be dismissed with a ruling th¡¡t, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's intcrest in the Property or rights under this Security Instrument. The proceeds of any award or claim for d¡¡mages that ¡¡re allributable to the impainnent of Lender's interesl in the Properly are hereby ¡¡ssigm:d and shall be p¡¡id to Lender. All I'vlisccllaneous I'roce<:ds that ar<: nol applied lo restoration or rep¡¡ir of the Property shall be applied in the order provided for in Sectilln 2. 12. Borrower Not Reh':Isl'd; for ¡e~lr:lnce ßy Lcndcr Not :I "':livcr. Extension of the time for p¡¡yment or lIlodification of amllrti¿atilJn of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of I3lJrrllwer shall nut operate lo release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required 10 commence proceedings against any Succcssor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizatioD of the sums secured by tbis Security Instrument by re¡¡son of ¡¡ny dem¡¡nd Ilwde by the original Borrower or ¡¡ny Successors in Interest of Borrower. Any forbearance by Lender in exercising any rigbt or remedy including, wilhout limitation, Lender's ¡¡cceplance of payments from third persons, entities or Successors in Interest of Borrower or in ¡¡mounts less than tbe amount tben due, sh¡¡lI not be a waiver of or preclude the cxercise of any rigbt or remedy. 13. Joint and Scvcral Liability; Co-signcrs; Succcssors and Assigns BOllnd. Borrower coven¡¡nts ¡¡nd agrees that 130rrower's obligations and liahilily shall be joint and several. However, any Borrower who co-signs this Security Inslrument but does not execute tbc Note (a "co-signer"): (¡¡) is co-signing tbis Security Instrumcnt only to mortgage, grant a nd convey tbe co-siglll:r's interest in the Properl y u IJll<:r I he terms of this Secu rilY Inst rument ; (b) is not personally obi igal<:d to pay t he sums secu red by I h is Secu rit y Insl rumen(; a nd (c) agrees that Lender a nd a ny other Borrower can agree to eXlend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-sil!ner's consent. Subject t~ the provisions of Section IS, any Successor in Interest of Borrower who assumes Borrower's oblig¡¡tions under this Security Instrument in writing, and is approved by Lender, shall obtain élll of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's oblig¡¡tions ¡¡ud liability under this Security Instrument unless Lender ¡¡grees to such rele¡¡se in writing. The coven¡¡nts ¡¡nd agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors ¡¡nd ¡¡ssigns of Lender. 14. Loan Chargcs. Lendcr may charge Borrower fees for scrvices performcd in connection with Borrower's default, for Ihe purposc of protecting Lender's inter<:st in tbe Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and v¡¡lu¡¡tion fees. [n regard to any other fees, the absence of expn:ss ;lutlwrilY in this Security InstrUlllenl to charge ;1 specilïc fee to Borrower shall not be construed as a prohibition on the charging or such f<:e. Lender 111;1)' nol charge rces Ihal are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subj<:Cl to a law which selS ImlXi1J1U1I1 loall cbarges, and Ihal law is finally interpreted so that the interest or otber loan charges l:ollected III' (0 be collected in cOllnection with the Loan exceed tll<: permitted limits, then: (a) any such lo¡¡n charge shall b<: reduced by the amount necessary to reduce the charge to the permiued lùnit; ¡¡ud (b) any sums already collected from Borrower which exceeded permitted limils will be refunded to Borrower. Lender may choose to make this rcrund by reducing [he principal owed under tbe Note or by m¡¡king a direct p¡¡yment to Borrower. If a refund reduces princip¡¡1. the reduction will be treated ¡¡s a parti¡¡l prep¡¡ymell! witbout ¡¡llY prep¡¡yment ch¡¡rge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of ¡¡IlY such refund made by direct payment to Borrower will constitute éI waiver of ¡¡ny right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any nOlice to Borrower in conneclion with this Security Instrument sball be deemed to have been given to 130rfllwer whell mailed by first class mail Dr when actually delivcred 10 BDrrower's notice address if sent by other means. Notice to any I)ne Horrower shall cOllstitule notice to ¡ill BDrrowers unless Applil:¡¡ble Law expressly requires otherwise. The notice address shall be the Properly /\ddress unless Borrower bas desigllated a subslitute notice address by notice to Lender. Borrower shall promptly nOlify Lender of Borrower's challge of mJdress. If Lender specifies a procedure for reporting Borrower's clwnge of ¡¡ddress, then Borrower shall only report a change of address tbrough that specified procedure. There may be only one design¡¡ted notice ¡¡ddress under this Security Instrument at anyone tùne. Any notice to Lender shall b<: given by delivering it or by mailing it by first cI¡¡ss m¡¡il to Lender's address sl¡¡ted herein unless Lender h¡¡s designatcd ,mother address by notice to Borrower. Any lIotice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Goycrning L:lw; SeyemùíIity: Rnles of Constrnction. This Seeurily [nstrumellt shall be governed by federal law and the law DI' thejurisdictioll in whi<:h (h<: IJwperty is IDca(ed. All righls and obligations contained in this Security Jnstrulll<:nl are subjcct to any relluirl'lTIelllS alld limilaliolls 0(" f\pplicable Law. Applicable Law migbt explicitly or implicitly allow the parties 10 agree by eOlllract or it might be silellt, but such silence sb¡¡1I not be construed as a prohibition against ;Igre<:menl by contract. In Ihe L'venl that any provisilJll or clause of this Security Instrument or the Note eOllllicts with /\pplicable Law, such conllicl shall III)t allect olh<:r provisions IIf this Sceurity Instrument or the Nole which can be given effect without tbe cOllllicting provision. As used in this Security I nstrument: (a) words or the masculine gender shall me¡¡1I and include corresponding neuter words or words of the feminine gender; (b) words in the singul¡¡r shall me¡¡n and include (he plural and vice vers¡¡; and (c) the word "may" gives sole discretion without ¡¡ny oblig¡¡tioll to take ¡¡ny ¡¡ction. 17. Borrowcr's Copy. Borrower shall be given one copy of tbe Note ¡¡nd of this Security Instrument. 18. Tnlllsfcr of the l)roperty or a ßcnelici:ll Intercst in ßorrower. As used in this Section 18, "Interest in the Property" means any legal or bene/ïl:ial interest in the Property, includiJlg, but not limited to, those beneficial interests WYOMtNG - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1'01 (p"l:e 5 oJ 7 1'118e.\') 'tit.. tt'( u· Bankors Systoms, Inc.. St. Cloud, MN Form MD·' ·WY 8/21/2000 .'. '.'...... I-OÉ·~61.3 ~. ;.1.~. ·:t "" .~" " transferrecf'i¡j:a bond for deed, cOlltract for deed, installmcnt sales contract or escrow agreement, the inlent of which is the transfer of title by Borrower at a future dale to a purcllaser. If all or any pClrt of the Property or any I nterest in the Property is sold or transferred (or if Borrower is nol a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written conseut, Lender may require immediate payment in full of all sums secured by Lids Security Instrument. However, this oplion sllélll not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower nolice 01" cl(;celerat ion. The not ice shall provide a period of not less than 30 days from the date thl: notice is given in a(;Cordctnce Wilh Section 15 Witllill which /3orrower musI pay all sums secured by this Security Inslrument. If ßOITOWl:r I"ails [0 pay these sums prior 10 lhe expiralion of this period, Lender may invoke any reml::dies permiLled by this Security Instrument without further notice or demand on /3orrower. 19. Borrower's Right to Reinstate After Accelerntion. If Borrowl::r mects certain condilions, /3orrower shall have the right to have enforcement of this Securily Instrument disconlinued ClI any lime prior to thc earliest of: (a) five days before sale of the Property pursuant 10 any power of SCl1e conlained in Ihis Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (CI) pays Lender all sums which then would be due under this Security Instrument and the Note as if no ClccelerCltion had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonClble attorneys' fees, properly inspection and vClluCltion fees, and otber I"ees incurred for the purpose of protecting Lender's interest in the Property and rights under tbis Security Instrument; and (d) lakes such action as Lender may rC(lsonably require to assure tbat Lender's interest in tbe Properly and rights under this Sl::curity Instrument. and Borrower's ublig(ltion to pay the sums secured by tbis Securily Instrument, shCll1 continue uncll,tnged. Lender may require that Bormwer pay such reinstatement sums and expenses in one or mure of the I"ollowing forms, as selected by Lender: (a) cClsh; (h) money order; (c) certified check, bank check, treasurer's check or cashier's check. provided any such check is drawn upon Cln institution whose deposits arc insured by a federal agency, instrumen1C1lity or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower. tbis Security Instrument and obligalÍons secured hereby shClll remain fully effl:clive as if no acceleration had occurred. However, this rigbtto reinstate shall not (lpply in tbe 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) cCln 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") lbClt collects Periodic Payments due under the Nole and this Security Instrument and performs otber mortgage luau servicing obligations under the Note, this Security Instrument. Clnd ARplicable Law. There (llso might be one or more changes of Ihe Loan Servicer unrelated to a sale 01" thl:: Note. If there is a change of the Loan Servicer, Borrower will be given wriUen notice or the cbange which will state the name and address of thd new Loan ServiceI', thl: (lddress to which p;tYIlll:nts should be madl: ;Ind allY olher information RESl'A requires in cohnection with a notice of transrcr of servicing. If the Note is sold ;Ind therl:al"tcr the LOéln is serviced by (I Loan Servicer ot~er than the purchaser of tbe Nute, the mortgage loan scrvicing ohligéllions [0 Borrower will remain Wilh the Loan Setvicer or be transferred to a successor Loan Servieer and Clrl: not Clssumed by Ihl: NOle purchasl:r unless olherwise prÓvided by the Note purcbaser. Neither Borrower nor Lender may COJlllUenCe, join, or be juined to any judicial action (as eithl:r an individual litigant or the member of a class) tllClt arises from lIle other parly's actions pursuant to this Security Instrument or that alleges that the other party has breached any provisioJl or, or Clny duty owed by reason of. this Security ] nstrument, until such Borrower or Lender bas Jlotified the other party (with such notice given in compliance with the requiremenls of Section 15) of such alleged breach and afforded the other party bereto a reasonable period Clfter the giving of such notice to take corrective action. If Applicable Law provides a time period which must elClpse before certain action cCln be taken, thClt time period will be deemed to be reasonable for purposes of this par(lgrClph. Tbe notice of acceleration and opportunity to cure given to Borrower pursuant 10 SeCI ion 22 and [he notice of (lceeleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity 10 take corrective action provisions of this Sectiou 20. 21. Haz.'1rdous Substances. As used in this Section 21: (a) "1-JClzardous Subs[ances" Clre those subslé1nces delÏned CIS toxic or hazardous substances, pollutants, or w(l~tes by Environllll:Jltal Law aJld the following substances: gasoline, kerosene, otber flammable or toxic petroleum products, toxic pesticides Clnd hl::rbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioClctive materials; (b) "Environmental Law" means federal laws Clnd laws of the jurisdiction whcre the Property is located that rclCltc 10 health, safely or cnvironmental protection; (c) "Environmental Cleanup" indcrdes any response action, remediClI action, or fCmoval action, as defined in Environmental Law; and (d) an "Environmenql Condition." meClns a condition that can CCluse, eontribule to, or otherwise trigger an EnvironmentClI Cleanup. ' Borrower shall not cause or permit the presence, use, disposal, storClge, or release of any Hazardous Substances, or threaten. to rel(:ase any HazClrdous Substanccs, on or in the Property. Borrower shall not do, nor allow anyonc else to do, anything affesting the Property (CI) that is in violCllÍon of (lny Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the preSl:nce, use, or re ¡;a~e or ;¡ I- ;¡¿ardous Suhs[ance, creCltes a condition IhClt adversely affects the vatue of the Property. The preceding two sentl:nces shall nol apply to Ihe presence, use. or storage OIl tbe Property of sll1all quantities of I-I;tzardous Subst:lnCl::s lh;11 are generally rectJgniz.ed to be appropriale to nOlïl1éd residcntial uses and to ma'intenance of the Property (incluJing, butnotlill1iled [0, haZClrdous suhsta!H;eS in consumer pruducls). Borrower shall promptly give Lender written notice or (a) any invesligation, claim, demand, lawsuit Dr other action by any gover*mental or regulatory Clgency or private party involving the Property and any Hazardous Suhstance or Environmental¡ Law of which Borrower has actuClI knowledge. (b) (lny Environmental Condition, including but not limited to, any spillin~, leaking, dischClrge, rde(lse or threat of release of Clny Hazardous Substance, and (c) any condition caused by the presem;e, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is Þ.otified by any governmental or regulatory authority, or (lny private party, that any removal or other remediation o( any HaZClrdous Substance Clffecting the Property is necess(lry, Borrower sh(lJl promptly tClke all necess(lry remedial actions in accordClncl:: with I~nvironlllental Law. NOll1ing herein shall create auy oblig(ltion on Leuder for an Environmental: Cleanup. I NON-UNIFORM COVENANTS. Borrower Clnd Lender further l:Ovenant and agrCl:: as I"ollows: 22. Acceleration; Remedies. Lender slwll give notice to Borrower prior to acceleration following Borrower's breach of anx covennnt or agreement in this Security Instrument (but not prior to ncceleration under Section IS unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (0) n dnte, not less than 30 days from the dnte the notice is given to Borrower, by which the default must be cured; an~ (d) that failure to cure the default on or before the date specified in the notice may result in acceleration qf the sums secured by this Security Instrument nnd snle 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 othèr defense of Borrower to acceleration and sale. If the default is not cured on or before the da~e specified in the notice, Lender at its option mny require immedinte payment in full of all silins secured by t1~is Security Instrument without further demand nnd nwy invoke the power of snle and any other remedies permitted by Applicable Lnw. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, bllt not limited to, reasonable attorueys' fees nnd costs of title evidence. 'iIf Lemler invokes the power of snle, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in flcconlance with Applicable Law. Lender shall give notice of the I WYOMING - Single Fami[y - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Banker. Systems, ¡noi. St. Cloud. MN Form MD-1-WY 8/21/2000 (pOll" (j 0/ 7 pOll"") -.¡:::¡! LÍ'\. é. vf\. ' ûOû61.~ 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 . nol limited (0. reasonable altorneys' fees; (b) to all sums secured by this Security Instrument; and (e) any excess to the person or persons legally entitled to i(. 23. Relense. Upon payment Df all sums sccured by this Security InSlrulllcnl, Lendcr shall release this Security Instrument. Borrower shall pay any recordation cosls. Lcndcr may charge Borrower ,i f¡;e for relcasing this Security Inslrument, hUl only if the fee is paid to a third palty for scrvices rendered and the chuging of' the fee is pennitted under ^pplicahle Law. 24. Wuivers. Bormwer releases and waives all rights under and by virtue of the homestead exemplion laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider executed by ßorrower and recorded with it. ÞJAA )!Jol ~. i!'.. ·~T~~········ ................... ········~ii~,~~:~~ ë'iR'~·Ø~······················~ii~,~~:;¡~ [Space Below This Line For Acknowledgment] STATE OF WYOMING, .L.I~.GQ~~. ...... ............. ........................................ County ss: The foregoing instrument was acknowledged before me this . p.a·22-Z.QQ6....................................................... (date) hy .~çNNçm H..M.I~~m;.q~.R.IÇ.~ MI.L.L.~B.. ~.~$ß.A~P. AN9. Wlff . . . . . . . " . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. ... . . . . '" .. . . . . . . . . . . . .. . .. . . . ..... .. (person acknowledging) My commission expires: 06· 14.2012 SHARON WALKER NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING MYI ()r., I .PI £S JUNE 14, 2012 .~~.................................. NOlary Public SHARON WALKER WYOMING· Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankors Systems. Inc.. St. Cloud, MN Form MD·'-WY 8/21/2000 Form 3051 1/01 (page 7 of 7 pages) PA YMENT RIDER THIS PAYMENT RIDER is made this .?~NQ............ day of AV.G~.~L.?qP.~................. 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") to secure Borrower's Note to .. .TH~ .~~.~J~ .QF. ~T.4R. ~~.~~çX XH~XN~.. .~.RMÇ~/1·Q·. ß9.X .~fß/' J.1.~ .PfT.E.~?çN.~ ~.~!~W A Y,.T.~~XNç< WY. .~~.1 fl.............................................. ..... ..................................................................................................... ("the Lender") of ~?O~~.~S~QT.I!.~c.Wq~~~~! ~~.YÄ~ç~.~~~~~ç.~~~f.~~ ~~.rr.i~.~.~. i.~. .t.~~. .~.~~.~~~~~. .I.~~.t.r.~~~.~~. ~.~.~ .I.~.~~.t.~~ .~~: [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODIC PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: o I will make .......................... payments of $ ........................................................ each on the ..,.................................................,.........,.......,...................................., of each.................................................................................................................. .......................................... beginning on ...............................................,............. 00 I will make payments as follows: 59 MONTHLY PAYMENTS OF $1,069,14 BEGINNING 10.05.2008. COGS1.S 00 In addition to the payments described above, I will pay a "Bolloon Payment" of $ .1.1.~,.)?,~:Q.~..........."..." on .9.Q:Q~)9.P...............................,...."".. . The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (8) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic ·11 b . I· d· b f P" I If 09·05·2013 payments WI e app Ie to interest e ore nnclpa. ,on .............................................., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my periodic payments at ..r.Q:.~q~.9.2ß...:r.~.4Y.~I~!.Wy..~~.1.??............................. .................................................................................................................................. .................................................................................................................................. ........................................................ or at a different place if required by the Note Holder. MULTIPURPOSE FIXED RATE PAYMENT RIDER IMUL TlSTATE) Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 ref: MPFR-MN (page 1 of 2 pages) ,,~ ~. ~' ','" f ¡ I' ,.£~.. ...,' ~". ':2;,j' ..!, . KllI/l t--ð!· 0006:16 !XI B. FUNDS FOR TAXES AND INSURANCE Uniform Covenant 3 of the Security Instrument is waived by lender. BY SIGNING BELOW, Borrower in this Payment Rider. accepts and agrees to the terms and covenants contained . iàiréiiRMll· (. ~.... ·~Éi¿~r~~::1 . ëL~i~aJ..dð......... ·~B¿;r~S~::) Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 (page 2 of 2 pages) r: ~r'\ ['~, " '".t' .....,.. .. .