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Home My WebLink About943684 #óOlO~lnoó Return To: WFHM ~INAL DOCS X9999~01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 RECEIVED 11/17/2008 at 2:41 PM RECEIVING # 943684 BOOK: 709 PAGE: 222 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared By: WELLS FARGO BANK, N.A. 1919 DOUGLAS" OMAHA, NE 691010000 OOû222 {Space Abov$ ThIs LIne For Recording Data] MORTGAGE DEFINITIONS Words used in :wulriple sections of this document are defined below and other words are defmed in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding tlte \lsage of words med in this document are also provided iu Seedon 16, (A) "S~urity IllstJ.:ument" means this document, whicb is dated NOVEMBER 10, 2008 , togetlter with all Riders to this document. .,J 1+ K D J+- (B) "UQrrower" is KEVIN D KYDE Am> J,AlITICE F HYDE, TR.US'rKES OF TIlE IftÐE llA'KIl.Y TImET The Kevin D. Hyde and Janice F. Hyde Family Trust, DATED JUNE 12) 2001 Borrower is the mongagor under this Security Instrument. (C) "Lender' is WELLS FARGO :BANK, N.A. Lènder is a NA'l'IONAL ASSOCIA'I'ION organízed and existing under the law5 of THE UNI~Jm STATES Lender'saddress is P.O. BOX 11701, NEWARK, NJ 07:1.014701 ...; '---' / Lender is the mOrtgagee under this Security Instrument_ Ü 0092745967 ~J~~ING - 5'nDle ramlly - Fa""i. MeO/FroaalO NI~ç UNIFORM INSTRUMeNT vvonere Kluwcr Finonoiel Se/vicae NM~~ 3051 (WYCMI R.v 6/2009 (D) "Note" mean$- the promissory note 6igned by Borrower and date<1NOVEMBER ~O, 200S The Note states that Borrower owes Lender TWO ßtTNDUD Ji'rFTEEN THO'O'SANII AND 00/100 Dollars (U .5. $ 'III ** '" 215,000.00 ) plus jntere3t. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fun not later than DECEMBER 01, 2023 (E) "Propertyl' meilns the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" mean$ IDe debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under tbis Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. 1'11(1 followÏ1\g Riders are to be executed. by Borrower [check box as appJicableJ: ûOû22.3 D Adjustable Rate Rider D BaHoon Rider o VA Rider D Condominium Rider D Second Home Rider D Plannw Unit Development Rider 0 ¡·4 Family Rider D Biweekly Payment Rider m Other(s) [specify] INTER VIVOS REVOCABLE TRUST RIDER (II) "Applicable L&w" means all controlling applicable federal, state and local Statutes, regulations, ordÏllances and administrative rules and or¡;leu (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "CommulÙty Association Dues, Fees, and Assessments" means all dues, fees, å$se$wÉ:nts and other charges that are imposed on Borrower or the Property by a condomini'tlm B$sociation, homeowners association or similar organization. . (J) "ElectrQnic )funds Trsusfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper i.ru;trurnent, which is initiated throu.gh IIn electronic terminal, telephonic instrument, computer, or magnetic tape so as to o¡;der, instruct, or authoríze a fmaDcial institution to debit or credit an account. Such tem includes, but is not limited to, poim-ot-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse t.ràû$ feI's. (K) "EsCJ:'Ow Item.~" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensarion, settlemem, award of damages, Or proceeds paid by any third parry (orher than insurance proceeds paid under the coverages described iI). Section 5) for: (i) damage to, or destnlction of, the Property; (ii) condenmation or Q(her taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against tIle nonpayment of, Or defaul( on, the Loan. (N) "Periodic Payment" means the regularly scheduled amOUIU due for (i) principal and, interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) IlRESPA" mMnS the Real Estate Settleme¡;¡t Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they migh( be amended wm time ro time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all reql.liremM.[s and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does nO[ qualify as a "federally related mortgage loan" under RESPA. WYOMING· SlnQls Family' FDnnlc MDc/Frcddi~ MðC UNIFOAM IN6TA\JM~NT VMPe9 WOlt~r¡: Ktuwcr Fintlncial Setvic9S ~ Fo,mJQell101 VMP6¡WY) 106031.00 I Miðl$, PIg. 2 Qr 16 J '. ê00224 (P) "Successor in Interest of Borrower" means any party that has talœn tiúe to the Property, whether or not that party has assumed Borrower's obligations T,Jlldèr the Note and/or this Sec1.lrity Insrrument. TRANSFER OF RIGHTS IN THE PROPERTY TIns Securiry Instrument secures to Lender: (i) the repaynu:m of the Loan, and all renewals, extensions and modificarions of the Note; and (ii) the performance of Borrower's covenanrs and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, graDt and convey to Lender and Lender's successors and assigns, wirh power of sale, !.be (allowing described propeny located in the COUNTY of LINCOLN L/)pc of Recording 1urisdiction,] [Name of Recording 1wisdiction] NOR'rHEAST QUAR.'1'li1R OF THE NOR'1'HWBS'l' Q"ARTEll OF THE NORTRWBS'l' QUARTER OF SBCTION 34, TOWNSHIP 33 NORTH, RANGE 119 WST OF '1'HfI 6TH P.M., LJ:~COLN COUNTY, WYOllaNQ. TAX STATBMBN'l'S SHOULD BE SENT TO ¡ 11701, NEw.ARK, NJ 071014701 WELLS FARGO HOME MORTGAGE, P.O. BOX Parcel ID Nwnber: 1539 ~OMS CANYON ROAD AUBtmN ("Property Address"): which currently has the address of [Sœeel] [City], Wyoming 83111 [ZipCode TOGETHER WIlli all the improvements now or hereafter erecred on the property, and all easements, appo:\'tenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing Î.'i referred to in thìs Security Instrument 3.9 the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to morrgage, grant and c~mvey the Property and that tbe Property is unencumbered, except for encumbrances of record_ Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants wim limited variations by jurisdiction to constitute a uniform security instrument covering real property . ~J~~IIIIG . Singl. ¡:.n\ily . FAllniø MsslFrøØØlø M~c UNIFORM INSTRUMENT Waltll'- KluwSI Flnsnc/III Service. ~ fOil" JOG' 1/01 VMPBIWY) I080JI.OO In;li.I.: P.~..:I 0116 ~H 000225 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Iuterest, Escrow Items, P~paymel1t Charges, and Late Charges. Borrower shall pay when due tlle principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds fo.r Escrow Items pursuant to Section. 3. Payments due under the Note and this Se¢~rity Instrument shall be made in U.S. currency. However, if any check or other inSU\l111em received by Lender as payment under the Note or this Security InSt11ll11ent is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's ¢heck, provided any such check is drawn upon an insdtution whose deposÜs are iruìured by a fede¡;al agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when receive<;l. at the location designated in the Note or at sucb other location as may be designated by Lender in accordance with the notice provisioI15 in Section 15. Lender may return any payment Or partial payment if the payment Or partial payments are insufficient to bring the Loan current. Lender roay accept 1ID)' pa.yment or partial payment insufñcient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments ÎJj the furure, but Lender is not obligated to apply such payments at the time such payments are accepmd. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender roay hold such unapplied funds until Borrower makes payment to bring me Loan cuuent. If Borrower (loes not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such t'unds will be applied to tlle outstanding principal balance under the Note immediately prior to foreclosure. No O[fset or claim which Borrower might have now Or in the furure against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreemems secured by this Security Instrument. 2. Application of Payments or Proceed.~. Except as otherwise described in tills Section 2, all payments accepted and applied by Lender shaH be applied in the following order of priority: (a) interest due under the Note; (b) principal due under me Notc; (c) am01Ults due under Section 3. Such payments &hall be applied to each Periodic Paymem in tlle order in which it became due. Any remaining amounts shall be app1ied first to late charges, second to any oilie¡; amounts due under this Security Instrument, lIDd then to reduce the principal balance 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 páyment trul.y be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Len(ler tnay apply any payment received from Borrqwet to the repayment of Úle Periodic Payments if, and to tlle extent that, each payment can be paid in full. To the extem that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fim to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone tlle due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are dl.le under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this SecUrity Instrument as a WYOMING - Si~CI& Family· Fannl& M.o/Fr.aaia Mac UNIFORM INSTRUMENT VMril Waltera K,luwer FJn\lncial Sl!rvi~ee Ini'i""~ ~ For", ~Q$l 1/01 VMPBIWY) l08031·00 P~Cê4 0" 6 lien or encumbrance on Ùle Property; (b) leasehold payments or ground rents on the Property, if any; (e) -premiums for any and all insurance ~q\lired by Lender under Secrion 5; and (d) Mortgage Insurance premiums, if any, or any sums payable 'by Borrower to- Lender in lieu of Ùle paymenr of Mortgage Insurance premiums in accordance with me provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of me Loan, Lender ;nay require that Community Association Dues, Fees, and Assessments, if any, be escwwed by Boaower, and such aues, fees and assessments shall be an Escrow hem. Borrower shall promptly furnish (Q Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items WIless Lender waives Borrower's obligation to pay rhe Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at aüy time, AJ1y such waiver may only be in writing. In the event of sl,lcb waiver, Borrower shall pay directly, when and where payable, Ùle amounts due for any Escrow ITems for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within. such time period as Lender may require. Borrower'g obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If B01"1'ower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall thetl. be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance wiÙl Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, i\D.d in such amounts, that are then required under Ihis Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufñciem to pennlt Lender to apply the Funds at me time specified UJlder RESPA, and (b) not to exceed rhe maximum amount a lender can require utl.der lŒSPA. Lender shall estimate the amount of Funds due on the basis of currem data and reasonable estimates of e;w¡pendit1,lre3 of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shaH be held in an institution whose deposits are insured by a federal agency, ÎI1IitrumentaUty, or emiry (including Lender, if Lender ili an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later Ùlan Ùle time specified under RESPA. Lender shaH tl.O[ charge Borrower for holdin~ and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennírs Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest Or earoings on the Funds. Borrower and Lender can agree in writing, however, that intereB[ shall be paid on the Funds. Lender shall give to Borrower, without charge, an aruma! accounting of the Funds as required by RESPA. If Ùlere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RBSPA. If there is a shortage of F\lnds held in escrow, as defined under RESPA, Lender shaH notify Borrower as requi~d by RESFA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of FWlds held in escrow, as defined under RESPA, Letl.der &haIl notify Borrower 8.'1 required by RESPA, and norrower shall pay to LençIer the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this security Instrument, Lender shall promprly refund to Borrower any Fonds held by Lender. WYOMING· Singl. FOMily' Fsmis MulFreøcJl. M~ç I,INI~ORM INSTRUMENT VMPItO WOItSI' Kluwsr ~ln~ncl~1 S.rvic.~ ~ I L Porm 3061 1/01 rr YMP\!IWYI (0803).00 InltJ~ls: ' P6gS ~ of 1 & j êOû226 4. Charges; Líeos. Borrower shall pay all taXes, assessments, charges, fInes, and imposirions attributable to the Property which can attain prioriry over this Security Instrument, leasehold payments or groWld rents on the Property, if any, and Community Association Dues, Fee~, and AS$e$sments, if any. To the extent that these hems are Esctow Items, Borrower shall pay them in the manner provided in Section 3. Jlorrower shall prompdy discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secw-ed by rhe lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to LéMcr subordinating rhe lien to this Security Instrwnent. If Lender detennines that any part afthe Property is subject to II. lien which can attain priority over this Secw-ity Insrnu:ne.nt, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which mat notice is given, Borrower shall satisfy the lien or take one Or more of the actions set forth above in rhis Section 4. Under mAY require Bort'ower to pay a one-time charge for a real estate taJl; verification and/or reporting service med by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property iI15ured a¡aimt 108S by fire, hazards included within the term "extended coverage,· and any other hazards including, but not limited to, earthquakes and floods, for which Lender requiœ$ insurance. This insurance shall be maintained in the amount¡¡ (including deductible levels) iWd for the periods that ~der requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender'¡) right to disapprove Borrower's choice, which right shall not be exercised uIU'easonably. Lend~ may require Borrower to pay, in connection witll this Loan, eiIbeï: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappíngs or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone derennination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under nO obligation ro purchase any particular type Or amount of coverage. Therefore, such co....erage shall cover Lender, but might or mighr not prorecr Borrower, Borrower's equity in me Properry, or the contents of the Property, against any risk, hazard or 1îa.bility and might provide greater or lesser coverage than was previoU$ly in effecr, Borrower acknowledges that the cosr of the insurance coverage so obtained might significantly exceed the cost of insurance thaI Borrower could have obtained. Any amounts disbursed by Lender under rhis Section 5 shall become additional debt of Borrower secured by rhis Security Instrument. These amo,unts shall bear imerest at the Note rate from the date of d.isbwsement and shall be payable, witb such interest, upon notice from L~dtt to Borrower requesting payment. All insurance poJicies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clá.use, and shali name Lender as mongagee and lor as an ádditionalloss payee. Lender shall have the righr to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiwns and renewal notices. If Borrower obtains any fonn of insurance coverage, nor otherwise required by Lender, ~J~~'NG - 5;nale F~my . Fonnle IVI../rr.udi. Mac VNlfORM INeTRUMENT Wolt"$ Kluwer FiMMie¡ SeMen Inl¡la'a:~ ~ FMm 3051 1101 VMP6IWY1 (0903).00 Page 6 Of 10 (·Ov227 for damage [0, or dest!llctíon of. the Property, such policy shall include a standard mortgage clause and shall n.ame Lender as mortgagee and/or as an w.ditionalloss payee. In the event of 105s, Borrower shall give prompt notice to the insurance carrier and Lender. ~n(ier may make proof of loss if not made promptly by Borrower. Unless Lenclerand Borrower oIherwise 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 rosroration or repair is economically feasible and Lender's security is not lessened. During such tepair and restoration period, Lènder shan have the right to hold such insurance proceeds until Lend.er hél$ had an opportunity to inspect sueh Propeny to ensure the work ha$ been completed to Lender's satisfaction, provided that su.ch inspection shall be undertaken plomprly. Lender may disburse proceeds for the repairs and resto{arion in a single payment or in a series of progress payments as the work ís completed. Vnless an agreement ili made m writing or Applicable Law re<¡,uirês interest to be paid on such insurance proceeds, Lènder shall not be requíred to pay Borrower any interest or earnings on such proceedli. Fees fo¡; Vublic adjusters, or other third pa.rcies, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is 110t economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by mis Security Instrument, whether 01' nOl rhen due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower í\Þandons the Property, Lender may file, negotiate and settle any available insurance claim and related matte¡;s. It Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiare and sente the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceed!! in an amount not to exceed the amounts unpaid under the Note or this Security InstrUmel1r, and (b) any other gf Borrower's righrs (other than the right to any refWld of u.nearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair o¡; restore me Property or IO pay amounts unpaid under the Note or thili Security Instrument, whether or not then due. 6. Occupancy. Borrower shan occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the I\operty as Borrower's principal residence for at least one year ~fter the date of occupancy, unless Lender otherwise agrees in writing, which conseut shall nOl be unreasonably witbheld, or unless extenuating círcwnstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. BorrQwer s.hall not destroy. damage or impair the Property, allow the Property to deteriorare or commit waste on the Property. Whether or not Borrower is residing in rhe Property. Borrower shall maintain the Property in order to prevent the Property from deteriQrating Or decreB:iing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair rhe Property if damaged to avoid to.rther der.erioradon or damage. If insurance or condemnation proceeds are paid in cOImection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or 'IestoriIlg the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a serieli of progress payments as the work is completed. If the insurance or condemnation proceedli are not sufficient WYOMING' 5InglB FDmlly . FiII1nlc MDclFrcddi~ Mp~ UNIFORM IN5TRV'v1ENT VMPIlØ Wo~e'ð Kluwer FlnoncJoJ Gervlcr.. Initi'I~:~ ~ Form 3091 1/01 VMI'S(VIIY) (0803).00 I'~g. 7 of 16 ûOû228 ('0\1229 [0 repair or restore the Property, Borrower is not relieved of Borrower's obligation for the complerion of such repair or restoration. Lender or its agent may make reMonable entries upon and inspectioIIB of the Property. If it has reasonable cause, Lértdêt may inspect the interior of the improvemems on the Propeny. Lender shall give Borrower notice at the time of 01' prior to such an interior inspection specifying such reasonable cause. 8. Borrower's LORn AppIiClltion. Borrower sh.a11 be in default if, during the Loan applicarion process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material represemations include, but are not limÜed to, representations concerning Borrowe:J:"s occupancy of the Property as Borrower's principal residence. 9. Protection of Lender'5 Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to pedorm me covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property a.nd/or rights Wlde.r this Security In.st1l.lme)t (such as a proceeding in bankruptcy, probate, tor condemnation or forfeiture, for enfQrcement of a lien which may attain priority over rhis Security Inst1l.lment or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable Or appropriate to protect Lender's interest in the Property and rights under this Security Imtrument, including protectmg and/or assessing the value of the Property, and securing åndlor repairing the Propeny_ Lender's actions can include, but are not lim.ited ro: (a) paying any sums secured by a lien whicb. has priority over this Security Instrument; (b) appearing in court; and (c) paying reagonable attorneys' fees to protect its interest in the Properry and/or rights under this Security lnstrument, Including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Proptrty to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take. action under this Section 9, Lender does not have to do so and ¡Ii not Wlder any duty or obligation to do so. It i.. a.grêéd that Lender incurs no liability for not taldng any or all actions aurhorizcd Wlder this SectIon 9. Any amounts disbursed by Lender 'Onde( this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbun;ement and sha,U be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security rnstrument is on a leasehold, Borrower shall comply with all the provisions of [he lease. If Borrower acquires fee title to the Property, the leasehold and the fee title s)1alI not merge Wlless Lender agrees to the merger in writing. 10. Mortgage lnBuranœ. If Lender required Mortgage Imur¡¡¡¡ce as a condition of making the Loa¡¡" Borrow(!r shall pay me premiums required to maintain the MOrtgage Insurance in effect- If, for any reason, the Mortgage Insurance coverage requ.ired by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prenûwns fOr Mortga.ge Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalenr [0 the cost to Borrower of the MOrtgage Insurance previously in effect, from an alternate WYOMING' 61ngle F~mlly' Fannie Mae(Fr;lidio M~o UNIFORM IN6T~VM'NT VMPiS WQIt9l$ Kluwcr Finl!lncial sefVicea @1L Fo'mJ0511/01 VMP6(WY} IOB03/.00 "\ilial!: P~9Q 8 alHI ~{ C00230 mortgage insurer selected by Lender. If substanúally equivalent Mortgage Insurance coverage is not avaîJable, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such 1055 reserve shall be non-refundable, notwithstanding the fact that the LoIUl is ultimately paid in full, and Lender shall not be requitcd to pay Bo¡:rower any interest or earnings on such loss reservc. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again beooroes available, is obtained, and Lender requires separately designated payments toward the premiums for Mongage Insurance. If Lender required Mortgage Insurance. as a ¢ondition of making the Loan and Borrower was required to make separately designatw payments tóward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, Of ~o provide a non-refundabJe loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wriuen agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburseg Lender (or any entity that purchases the Note) for certain 10slie5 Í[ mayìncurifBonowerdoe5ßotrepaythe Loan as agreed. Borrower is nOt a party to the Mortgage Insurance. Mortgage insurers evaluate their tOtal rilik on all such ÌIlswancc in force from time to time, and may enter into agreements with other parries that share or modify their risk, or reduce losses. These agreements are on terms and oonditions that ate satisfactory to the mortgage insurer and the orher party (or parties) to tbB$e agreements. These agreementS may require the mortgage insU,(Cr to make payments using any source of funds that [he mortgage insurer may have a.vailable (which may include funds obtained from Mortgage Insurance premiums), As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other emity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as} a ponioD of Borrower'li payments for Mortgage Insurance, in exchange fOr sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliare of Lender takes a &hare of the insurer's risk in ex.change for ¡l share of the premiwus paid to the insure)', the arrangement is often termed "captive reinsurance." Further: (a) Any sucb agreemcnts will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreéments will not increasc the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance unde.- the Homeowners Protection Act of 1998 or aoy other law. these rights may include the right to receive certain disclosures, to request Rnd obtain canccllation of the Mortg~ge Xnsurance, to ha'Ve the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at tbe time or such cancellation or termÍl\a.tion. 11. Assignment or Misccllaneous Proceeds; Forfeiture. All Miscellaneous Proceeds ílre heteby assigned to and $hall be paid to Lender. If the Property is damaged, 3uch Miscellaneouli Proceeds shall be applied to resroration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is nor lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity ¡o inspect such Property to en~ure the work has been completed to Lender's satisfaction. provided thåt such inspection shall be undertaken promptly. Under may pay for the wYOMING. Single F8!T1l1y - Fannie MðeIFleaale M~ç UNIFORM INSTRUMENT VMPIIJ) Welt!!!r. KllJwer Fn~çiall Services. , FDm'I 305' , /01 VMP6WY) 10803,00 Ini~.lt:~ P¡)~9Dt1B J.ff repairs and restoration in a single disbursement or in a series of p¡;ogress payments 88 the work is completed. Unless an agreement il$ made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proce~ds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the ¡;estoration or ¡;epair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the swns secured by this Security Instrument, whether Or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided. for in Section 2. In the event of a tOtal taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applieCl to the rums secured by this Security InstIUIDent, whether or not then due, with the excegs, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial (aking, destruction, or loss in value is equa! to or greater than th~ amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, Wlle:¡JI Borrower and Lender otherwise agree in writing, the sums secured by this Security lruitrument shall þf¡J reduced by the amount of thl;l Miscellaneous Proceeds multipJied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in ValUI;I divided by (b) the fair market value of the Properry immediately before the partial taking, dC8truction, or loss in va~ue. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the ?J:operty inunediately before the partial takinS, destruction, or 10s5- in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree ill writing r the Miscellaneous Proceeds shall be applied lO the sums secured by this Security Instrwnent whether or nOt me sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lende. to Borrower that the Opposing Pany (88 defined in the next sentence) offers to make an award to settle a claÌID for damages, Borrower fails to reslxmd to Lender within 30 days after thl;l date the notice is given, Lender is authorized to collect and apply (he Miscellaneous Proceed5 eithe. to restoration or repair of the Property Or to rhe sums secured by thi5 Seco.rity Instnnnent, whether or not then due. "Opposing P~rty" means the third party that owes Bon-ower Miscellaneous Proceeds or the party against whom Borrower haJJ a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whet1Ier civil or criminal, is begun that, in Lender's judgment, could result in forfeitu¡;e of the Propl;lny o¡; other material impainncnt of Lender's interest in the Property 0, rights under this Securíty Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Seccion 19, by causing tbe action or proceeding to be dismissed with a ruling that, in Lender's j\]dgm~¡)t, precludes forfeitill'e of the Property or oIher material hnpairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damagéS that are attributable to ilie impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Secuon 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any SUCGessor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against WYOMING - Slngls F~mily· femie MaelFreáálo MðG UNIFORM INSTRUMENT VMPi!!) Woltor. Kluwtr Fi~anclsl $9rvlc~. InitiBla: -f.JJf..l- 0rr ~orm ~051 l{Ol VMPGIWVIIOQOJj.OO PsglI 10 of 16 éOû231: any Successor in Imerest of Borrower or to refuse to extend time for payment or otherwise modify amortization of rhe slims secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Ally fQrbearance by Lender in exercising any right or remedy including, without limitation, Under's acceptance of payments from third persons, entities or SUcce55Qr$ in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the e¡r,;ercise of any right or remedy. 13. Joint lind Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees thaI Borrower's obligations and lia.bility shall be joint and several. HoWever, any BOJ.'rower who co-signs this Security Instrwnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this Se¢urity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Se<:l.lñty Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Imerest of Borrower who assumes Borrower's obligations under tlÜs SeGUIity Instrument in writing, and is approved by Lender, shall obtain all of BOlÏower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's o1;lligat1ons and liability under thi6 Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of tills Se<:uriry Instrwnent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the \,urpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not Iiroit-ed to, attorneys' fees, propeny inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charg~ fees that are expres$ly prohibimd by this Security Instrumem or by Applicable Law. If the Loan is subject to a law wlùc.h sets rnaximtun loan charges, and that law is fInally interpreted so tha~ ¡he interest or other loan charges collected or to be collected in connection with the Loan exceed ¡he permitted limits, then: (a) any such loan charge shall be red\1ced by the amount necessary to reduce the charge to dIe pennitted limit; and (b) my Sutn.'l already col1ecred from BOrrower which exceeded permitted limits will be rcfunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by roaIdng a direct payment to Borrower. If a refund re(luccs principal, the reduction will be treated as a parlial, prepayment without any pr~p9.ymellt charge (whether or not a prepayment charge is provided for \l~der the Note), Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcha.rg~. 15. Notiœs. All notices given by Borrower or Lender in connection with this security lnstrumen[ must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by f11'st class mail or when actually de1ivèI'ed to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requi,es otherwise. The notice address shall be the Property Address unless Borrower has desisnated a substitute nodce addxess by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's WYOMING. (jingle Family' Fi1Imlc fvI~e/Fr~di8 Moc UNIFORM INSTRUME\IT VMPIW Woltt's Kluwer ~Inançlal S,rvieo, Form 3051 1/0\ VMP8IWV) (08031.00 ÞIga11 0116 InilialS: c!<{)H: aJH (:0\)232 change of address, ilien Borrower shall only report a change of address through that specified proced\.1te. There may be only one designated noti¢e address under this SecurIty Instrwnent at anyone time. A11y notice to Lender shall be given by deHvering it or by mailing it by first class mail to Lender's address stared herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Secu.dty Instrument shall not be deémed to have been given to Lender until BCtually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wilI satisfy the corresponding requitement under this Security tnstrument. 16. Go-verning Law; Seyerability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the ju.risòjetion in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirement& and limitations of App1icable Law. AppHcab1e Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be constroed as a prohibirton against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or ilie Note which can be given effect without ilie conflicting provision. As used in this SecurIty Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; ¡md (c) ilie word "may" gives sole di~ç);'etîon without any obligation to take any action. 11. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in .non-ower. As. used in this Section 18, "Interest in ilie :Propeny" means any legal or beneficial interest in the Property, including, bu.t not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the iment of which is the Transfer of title by BOrrower at a future date to a purclutser. If all or any part of [he Property or any Interest in the Property is sold or transferred (or if Borrower is not a. natural person and a beneficial interest in Borrower is sold or transferred) without Len(ler's prior written consent, Lender may requiœ immediate payment iIJ full of all sums s~ured by this Security Instrument. However, this oprion shall not be exercised by Lender if such cxercíse is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The. notice shall provide a period of not less tl1íUl 30 çIays from the date the notice is given in ìI¢cordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice Of demand on Borrower. 19. BOITowerts Right to Rei119tatc Mter Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the [ennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditiorLS are that Borrower: (a) pays Lender all swns which then would be due under this Security Instrument and the Nore as if no aCCèlerarion had occurred; (b) clIres any default of any other covenants or WYOMING· Single Family, F~nni~ M8e/FredUle Mile UNIFORM INBTRVM~Nr VMP@ Wolte" Kluw.r Rn;>nciel SetVlc98 Inlll;U$:f)J) ff ~ FOfm 3051 1/0' VMPGIWYII08031.00 Page 12 of , 0 000233 agreements; (c) pays all expenses incurred in enforcing this Securi~y Instrument, including, but not limited to, reasollable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in \he Property and rights under this Security Instrument; and (d) takes such action as Lender may rea.sonably requíre to assure that Lender's int~est in the Property IUld ¡;~ghrs under this Security Instrumenr, and Borrower's obligation to pay The sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such rei,nst¡nemenr sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank: checJ.<;, treasurer's check or cashier's check, provided any such check is drawn upon an insrirution whose deposits are insured by a federal agency, in.strumentaliry or entity; or (d) Electronic Fwlds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, t1ús right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note: Change of Loan Servicerj Notice of Grievance. The Note Or a partial interest in thE! Nore (rogether with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Imtrument, and Applicable Law. There also nùght be one or more chauges of the Loan Servicer unrelated to a sale of rhe Nore, If there is a change of rhe Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan SeJ'Vicer, the address TO which payments should be made and any other infonnation RESPA requires in connection with a nOfi~ of transfer of seJ'Vicing. If the Note is sold and rhereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mongage loan servicing obligations ro Borrower will remain with the Loan Servicer or be transferred to a successor Loan SerVi¢é( a1ld are nO! assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join. or be joined to any judIcial action (as either an individual litigant or the member of a class) thar arises from the other party's actions pursuant to this Security Instrument or that alleges rhat the other party has breached any provision of, or any duty owed by reason of, this Security lnst111mMt, until such Borrower or Lender h~ notified the other party (with such notice given in compliance with the requiremenrs of Section 15) of such alleged breach and afforded the other party hereto a reasonable porlod after the gi'\ling of such notice to œ.ke corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period win ~e deemed [0 be reasonable for purposes of this paragraph. The nOLicc of acceleration and opponunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the MtiCC and opportunity to take corrective action provisions of this Section 20, 21. Hazardous Substances. As wed ín this Section 21: (a) "Hazardous Substances" are those substilIlceð defined as toxic or hazardous substüD.ces, poll\ltanrs, or wastes by Enviromnental Law and the following substances: gaso!íne, kerosene, other Oammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactíve materials; (b) "Environmental Law" means federal laws and laws oithe jurisdiction where the Property is locared thar relate to health, safety or enviromnental protection; (c) "Environmental Cleanup· jneludes any response action, remedial action, or removal acrion, as defÎned in Environmenral Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ~J~~ING' 6lngl~ F~mlly . F~nnl~ M.efFroddle M.o UNIFORM IN5TRV""~NT Wollers Klvwer Fln~nciol Sorviço~ Inlll¡¡l~WlJ- J-µ- I'orm 3051 I/O 1 VMPOIWV¡ 109031.00 rage 13 of 10 êOú234 Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous COö235 Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else IO do, anything affecting the Property (n) that is in violation of any Environmental La.w, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects Ihe value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantitie.5 of Hazardous Substances that are generally recognized £0 be appropriate to normal residential uses and [0 maintenance of the Property (inc1udíng, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice or (a) any invesdgaIlon, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of w¡:Üch Borrower has acrnal knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release Or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Propeny is necessary, Boxrower shall promptly take all necessary remedial actioD.5 in accordance with Environmemal Law. Nothing herem shall create any obligation on Lender for an Environmenral Cleanup. NON-UNIFORM COVENANTS, BOrrowér and Lender further covenant and agree as follows: 22. AcœleratioD; Remedies. Lender shall give notice to BorrowCl' prior to acceleration following Borrower'¡; breath of <lny tovenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 wùess Applicable Law provides otherwise). The notice shaD specify: (a) the default; (b) the action required tl,) Cure the default; (c) a date, not less than 30 days from the date the noticc if¡ gi-vcn to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acœlcration of the sums secured by this Security lnstrument and sale of the Property. The notice sball further infonu Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non.existence (If 8 default or any othel:' dcl'ense of Borrower to acteleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require im.m~t;Uatl¡! p;iyment in f\ln of all sums liecured by this Security Instrument without further demand and may invoke the power of sale and any other remedies pcrmitted by Applicable Law. Lender shall be entitled to collect all e..~penses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sate, Lender shall give notice of intent to fQ..ecIose to BQ....ower aod to the per50n in ¡Wlise.5sion of the Property, jf different, in accordance with Applicable Law. Lcnder shaD give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice I,)f sale, and the Property shall be sold in the manner prestribed by Applicable Law. Lender or its designee may purchase the .Property at any sale. The proceeds of the sale shaIl be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon paymem of aU sums $ecured by Ihis Security Instrument, Lender shall release this Securiry Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for WV¡;¡MING· $loQle FAmily - FeMie M88/Fr.~~ie M.~ I,INIFCRM INSTRI,IMENT VMP!iŸ WDltt!rs J(luwet Finbllciðl Sl!!fvicu Inl¡lel'~ ~l+ Form 3051 1101 VMP61WYI (OS031.00 POQ~ 14.f 18 releasing this Security Instmment, but only if the fce is paid to a third party for services rendered and the charging of the fee is penttitted under Applicable L'\w. 24. Waivers. Borrow~ tee(l.S~ and 'wåÎVI!:$ all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wirnesses; Kevin D. and Janice F. Kevin D. and Janice F. (Seal) -Borrower (Seal) -BoITowr;r (Seal) -ßOIIower WYOMING' elngl, F~mlly . FDnnl, MI8/Fr'U~11 MIC UNIFORM INSTRUMENT VMP8 wo....... Kluwlr Fn~ncI91 S"VICta P(....:_~ JI~ i~"¡J KEVIN D HYDJ! TRD E OF THE -Borrower HYDE FAMILY TRUST DATED JDIUr.'12, 2001 :rCE F HYDJ!: TRU E OF THE -Borrower FAMILY TRUST DATED JUNE 12, 2001 (Seal) -Borrower (Seal) ·Borrower (Seal) -Borrower _ Form30511/1J1 VMP8(WYJ IOQO:¡I,OO Inlllll5l "ID' 15 or 16 oJµ- COô236 STATE OF WYOMING, LINCOLN Tbis instrument was acknowledged before me on / [)/ by KEVIN D HYD2 AND J'ANtC!E :r HYDE ~rustèes of County S9: ~~ SldðJ- the ~~lxx~ ~ll Kevin D. Hyde and Janice F~ Hyde Family Trust dated June 12, 2001 My Commission Expires: , . ~ 0 . ~ 0 I) :i~;~~;7;.~.~:~';~::;';;'~:'" ., ,1 COunty (J{' . I,' '( Lincoln ~'" ,J A~ ." ~ "'. l\tl\l ( C'1""" . ~\~~~':~{~~~~:9~~:;:~::~~.:.~:::: . - :.,. ~,.: "''!.. ,.y,,-, ":'t~'~~~:F72;¡ ¡,. "' "'Yüi11in~; ¡ ,I-(~ '_'{, ....'01. \~ '.~ \ '~. ·~"·--"~·'-:"~'II:~:::~::<·~~~~,~",,1 WYOMING - 5i~gl, FÐ~1ilr - Plnn;, MaI/F!ladi. M8¢ UNIFORM IN5TRUMeI'/T VMP~ WQ'I.r¡ KI~w.r Flnijnçl~1 $~rvlç.:; N2! Title (and Rallk) Id v(~ ,nhi..,.J4.D .J+ 0-t+ FO"" ~Q5' !/Q1 VMP8IWY) (0803),00 Paga 18 Df 18 ÚOû237 ju..... 1272.001 VV~¿'/~:..J~IJI ûOû238 INTER VIVOS REVOCABLE TRUST RIDER DEFINITIONS USED IN THIS :RIDER. (A) "Revocable Trust." The æÐi F~'dJiL'l 'fIUIS'!~.¡.{ ..K. Ð'µ" Trust crea.red under trUst instrument dated JUNE 12~ 2001 , [or me benefit of KEVJ:N D HYD:B AND JANJ:CE F HYDE (B) "Revocable Trust Trustee(s). . KEVIN D HYDE Ii JANICE F HYDE ~rustee(s) ofrhe Revocable Trust. (C) "Revocable Trust Settlor(s), " KEVIN D B.!DE & JANICE F HYDß settlor(s) of rhe Revocable Trust signing below. (D) "Lender." WELLS !ARGO BANK, N.A. (E) "SeÇ\lrity Instrument." The Deed of Trust, MQrrgage or Security Deed and any riders thereto of the Sillne dare as this Rider given IO secure th~ Note to Lender ot rhe same dare made by the Revocable Trust, the RevocabJe Trust Trustee(s) and the Revocable Trost Settlor(.s) and any other natural persons signing such Note and covering the Property (as clefmed br:lQw). (F) "Propr:rty _ ,. The property described in thr: Security Ins(rument and located at: 1539 TOMS CANYON ROAD, AUBURN, WY 83111 [Property AdðrcS8] TIllS INTER VIVOS REVOCAßLE TRUST RIDER is made this 10TH day of NOVEMIlBR r 200 B , and is incorporated into and shall be deemed to amend and supplement the SeCiuity Instrwnent. ADDl'i'IONAL COVENANTS. In addition to the covenants and agreements made in the Secu.ri(y Instrument, (he Revoca.ble Tru~t Trustee{s), a.nd the Revocable Trust Settlor(s) and the Lender further covenant and agree as follows: A. INTER VIVOS REVOCABLE TRUST. 1. CERTIFICATION AND WARRANTIES OF REvOCABLE TRUST TRUSTEE{S). The Revocable Trust Trustee{s) certify to Lender that the Revocable TMt is an inter vivos rcvocablr: trust for which the Revocable Trost Trusteé(s) are holding full title to the Property as trustee(s). MUlTISTATl::.lNTER VIVOS REVOCABLE TRUST AIDER cD-372R (9912) 12/99 page~1 of 3 ,n,t,a,d{f)J1- cJlf VMP MORTGAGE FORMS -(800)521-7291 IIIII~IIIIIIIIIIIII ~ m ~~ êOû239 The Revocable Trust Trustee(s) warrants to Lender that (i) the Revocable Trust is validly created under the laws of the State of WYOMU!G i (ii) the trust instrument creating the Revocable Trust is in full force and effect and there are no amendments ot' other modifications to the trust instrument affecting the revoc4bility of the Re-vocable Trust; (ill) the Property is located in the State of WYOMUG i (i1/) the Revocable Trust Trustee(s) have full power and authority as truStée(s) under the trust instrument creating [he Revocable Trust and under applicable law to execute the Security Instrument, including this Rider; (v) [he Revocable Trust Trustee(s} have executed the Security Instrument, induding this Rider, on behalf of the Revocable Trust; (vi) the Revocable Trust Settlor(s) have executed the Security Instrument, including this Rider, acknowledging all of the terns and conditions contained thereín and agreeing to be bound thereby; (vii) only the Revocable Trust Settlor(s} and the Revocable Trost Trustee(s) may hold any power of direction over the Revocable Trust; (viii) only the Revocable Trust Settlor(s) hold the power to direct the Tcustee(s) in the mana¡ement of the Property; (ix) only the Revocable Trust Settlor(s) hold the power of revocation over the Revocable Trost; and (x) the Revocable Tru.st Trustee(s) have not been notified of the existence or assertion of any lien, encumbrance or claim against any beneficial interest in, or transfer of nIl or any portion of any beneticial imerest in Or power$ of direction over me Revocable Trust Trustee(s) or the Revocable Trust, a.s the case may be, or power of revocation over the Revocable Trust. 2. NOTICE OF CHANGES TO REVOCABLE TRUST AND TRANSFER OF POWERS OVER REVOCABLE TRUST TRUSTEE(S) OR REVOCABLE TRUST OR BOTH; NOTICE OF CHANGE OF REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF TIIE PROPERTY; NOTICE OF TRANSFER OF BENEFlCIAL INTEREST IN REVOCABLE TRUST . The Revocable Trust Trusree(s) shall provide timely notice to Lender promptly upon notice or knowledge of any revocation or t8I'Ittination of the Revocable Trust, or of any change in [he holden of the powers of direction over the Revocable Trust Trustee(s) or the RevocaÞle Trust, as the case may be, or of any change in the holders of we power of revocation over the Revocable Tru.st, or both, or of any change in the trustee(s) of the Revocable Trust (whether such change is temporary or permanent), or of any change in the occu.pancy of the Property, or of any sale, transfer, assignment Or other disposition (whether by operation of law or otherwise) of any beneficial interest in the Revocable Trust. B. ADDITIONAL BORROWER(S). The term "Borrower" when used in the Security rnstrument shall refer to the Revocable Trust, the Revocable 1)118t Trustee(s) and the Revocable Trust SetUor(s), jointly nnd severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covanant$ contained herein Or by acknowledging all of the terms and covenants contained herehl and agreeing to be bound thereby, or both) covenants and agrees that, whether or not such pany is named as "Borrower" on the firet page of the Security lnstrwnent. each covenant and agreemont and undertaking of "Borrower" in the Security Jnstrumeñt shall be s\.Ich party's Covenant and agreement and undertaking as "Borrower" and shall be enforceable by Lender as if such party were named as "Borrower" in [he Security ruswmenr. e-3nFf (9912) IIi\ Page 2 of 3 Jnitlal$: +Ii) j} "",,H-- C. TRANSFER OF 'I'HE PROPERTY OR A JŒNEmCIAL INTEREST IN THE REVOCABLE TRUST. Uniform Covenant ¡S of the Security Instrument is amended to read 8.' follows: TriU18fer of the Property or a Beneficialloterest in Revocable Trust. If, without Lender's prior written consent, (i) all or any part of the Property or an interest in the Proputy is sold or transferred or (ii) there is a sale, transfer, assignment or other dispositiOIl of MY benefîcial interest in the Revocable Trost, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shllll give the Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Sec:urity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instroment without further notice or demand on B~rrower. BY SIGNING BELOW, the Revocable Trust Trostee(s) accepts and agrees to the terms and covenants contained in this Inter Vivo3 Revocable TllJst Rider, OOû240 ~;~~~ Trustee of the lJ¥ÐE FåM!l,t' 'f':RtJS'r -K 1..1- Kevin D. and Janice F. Hyde Family Trust Trust under ttUst jnstro.ment dated .JUNE 12 ~ 2001 , for the benefit of KBVIN D HYDE '"X(J~ tD. '}~~ KEVIN ~ -Borrower ~~~V~ ' Kevin D. and Janice F. Hyde FamilYTrust Trl.lst 'ù.nder truSt instnunent dated JUNE 12. 20Q1 ,fQrthe be etit of JAJ:U' E F HYDE -BfJITQw~r _-372R (89 t 2) Pðge 3 of 3