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Home My WebLink About944388 Dee 1B 200B 16;30 POOB/061 Return To; NTHN ~ DOCS X9999-0lN 1000 SLUE GENTIAN Rl)AD ZAGJW, 101 "121 Prepared By; WZLLS I'ARGO B1LNK IN. A. RECEIVED 12/29/2008 at 4:43 PM RECEIVING # 944388 BOOK: 712 PAGE: 50 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 2387 I' ao~" GRUD JmrCTION, CO 815050000 (Space Above ThIJ IJJm 'or Ral:à~ Datlll ûOôOSO MORTGAGE ..., , DEFIN1TIONS l1 Words used in muttíp1e aections of this. document are defined below and other worda are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules rogarding the 'URge of words used in this document are also provided in Section 16. (A) "Secu..itylnsttament" means tñis document, which is datedDIICEMBSR 22, 2008 together with all Riders to this document. (B) "Borro\Ter"is.:roRN RODABAtrGB: AND .;rAHm!l' aoDAaMrGR, HVSBMD AND WIn: Borrower is the mortgagor under this Security Instrument. (C) "Lender"is. WlU.LS J'UGO BJ\HK, N .A. ' Lender is a NATIONAL ASSOCIATION organizc:d and c'fisting under the laws ofTa rmI'l'BD S!AnlS Lender'. address is ..0. BOX 11701, NI!:WAaK, NJ 071014701 Lender is the mortgagee under thia Security Instrument. 0094786588 WYDMING -1i11ll'" "-llv . Fannl9 MlI'IIFrodltl. Mac UNll'01IM INS'I'IIUMENT VMPIl Walt.,. Kluwar PlI1I1IICIIII I."vllll' . NMFL 1011 /WVCM' ftov 1/2008 -_I· Pwm 3051 1101 NfWYI 10'081.00 Peg. 1 af 111 Dee 18 2008 16:30 P009/061 (U) "Note"means tbe promissory noto signed by Borrower and datedDBCI1NB:&:R. 22; 2008 The Note states that Borrower owes Lender~ ImNDRID !l'WI1NT~ p:tvJ: 'rHOtl'SMiID SIX H9NDUD AND 00/100 . DoUars (U.S. $ ****225,600.00 . ) plus interest Borrower has promised to pay this debt in regutar Periodic Payments and to pay the debt in ful1 not later than JANtJARY 01, 2039 (E) "Property" means the property tb~ is described below under the hoading "Transfer of Rights in the ~~" . (F) "LoaD" means. the debt evidenced by the Note; plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest, . (G) "Rider." m~ all Riders to this Security Instmment that lire executed by Borrow"... The folJowing Riders are to be C!lxoC\ltcd by Borrower [check box as appticable]: § Adjustable Rate Rider 0 Condominium Rider [i] Second Home Rider Bal100n Rider [i] Planned Unit DeVelopment Rider B 1-4 Family Rider VA Rider D Biweekly Pft)'ment Rider Otbet(s) [specify] üOû051. (B) "Applicable Law" means all controlling appticable federal, state and tocal statutes, regulations, ordinances and administrative nates and orders (that have the efi'oçt of law) as wen as all applicable final, non-appealablo judioial opinions. (I) "Community Association DQ'" Fee., and Alleumentl" means all duea, feo., assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or .imHat organization.. . (J) "Electronic Funds Tramer" means any 'transfer of funds, other than a transaction ori8inated by chook, dnft, or similar paper instrument, which is initiated through an electronic temJinal, telephonic instrument¡ computer, or magnetic tape so as to order, ins1ruct, or autborÎ%O a financial institution to debit (lr credit an account. Such term include~i ~t is not limited to, point-ot-sale tnmIfers, automated telJer machine transactions, transfers initiated' by telephono, wiro transfers, and automated clearinghouse transfers. (.K) "E.cro"ltems" means thoso items that are described in .Section 3. (L) "Mi.eellaneoQI Proçeed." moans any compensation, settlement, award of damages, or proceeds paid by any third patty (other than in8\1l'ance proceeds paid under the coverages described in Section S) for: (i) damage to. or destruction of, the Properly; (ü) condemnmon 'or other taking of aU or any part of the Property; (iU) conveyftnce in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the vatuo and/or condition oftbe Property. (M) "Mortgag. Imuranee" means insutance protecting L~nder against the nonpayment of. or default on, the Loan. . (N) "Periodic PaymeDt~' means the regularly scheduled amount due for (0 principal and interest under the Note, plus (ii) any amounts under Seotion 3 of this Security Instrumont. (0) "RESPA" mean¡ the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implemonting rcgutation, Regulation X (24 ·C.F.R. Part 3500), all they might be amended ftom time to time, or any additional or successor legislation or regulation that ,governs the same subject mattln'. As used in this Security Instrumont, "RESP A rr refers to aIt requirements and restrictions that are imposed in regard to a 'federal1y related mortgage'loanll even if the Loan does not qualifY as a ,ifederally related mortgage loan" under RESPA. . . WYDMING . Si"gl. Pamlly· FIIMItI MulFrGddl. Moc UNIFORM INSTIwMENT VMPqp Wall.,. KJuwIII' Plnmclal Swvtc.1 ~ Farm 30811/01 . MPBIWVI IOe03,OO 11\111"'. PaBa 2 pI 1 G Dee 18 2008 16:30 P010/061 00v052 (P) "SucctØllor in Interelt of Borrower" meana any party that has taken title to the Property. whether or not that party has assumed Borrower's obligations under tho Note and/or this Security Instrument.' TRANSFER OF RIGHTS IN THE PROPBRTY . This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modi.f1cations of the Note; and (ii) the performance of Borrower's covenants and agreements undor. this Security Instrument and the Not~. For this purpOSè, BOlTower does hereby mortgage, grant and convey to LQnder and Lender's successors ~d assigns, with p0'rer of sale, the following desoribed property located in the COUNTY of LINCOLH [Type af Recardluø ,J1UilJdl,\tlon] [N1ImCI of RceordinS lurillÜçti.an] LO! 1'OR.'1'Y-SIV2M (47) OJ!' STAR w.:LLi':y. RAHCa !I1.A't BIGHT (8) AS nM''l'BD AND DCORDBD SBP'J!BNBD ~, 1971 AS !lAP #180 AND DOCtJIØ:N!t #432466 IN THB ornCR: Or' '1m: CLElUt, LINCOUI COW'!''¥', W¥OMING. TAX J'1'A'1'BMI!IN'l'S SSOtJLD m: SBN'.1' !O: 11701, ~, NJ D71D14701 WBLLS !'ARGO Sma: MOR!SAÇ2, þ . O. BOX Parc:ãl ID Number: 572 CEDAR DRIVE !RAYN1iI ("Property Address"): which currently has the address of [Street] [City], Wyoming 83127 [Zip Cade} . TOGETHER WITH a11 the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a. part of the 'property. All 'replacements 8IJd additions shan a180 be co~red by this Security Instrument. All of the foregoing is referred to in this Security Inatrument as the "~perty," . BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right to mortgago, grant and convey the Property and that the Property is unencumbered, except for encumbrancos of record. BOlTOwer warrants and will defend g~era1ty the title to the Property against all claims and demands, subject to any encumbrances of record. TInS SECURITY lNSTRtlMBNT combin~s uniform cøvenants for national use and non-unifonn covonanta with limited variations· by jurisdiction to constitute a unifonn security instrument covering roat property. WVOMING . .,,..10 fBIIIllv . fllflt\l MaalFraddl. M... UIIIPDRM INSTRUMENT ~p8 . WD~.r. I<luwor financial SeNlolID . ~ Fwm3aS11101 'rJ !'IIWVI COe031.00 Inili Pap 301 1 G ~' Dee 18 2008 16:30 P011/061 úOô053 'UNIPORM COV1!NANTS. Borrower an~ Lender covenant and agree as fol1~ws: 1. Payment of Principal, Interes., :Escrow lte~ Prepayment Charge.. and Late Charge.. Borrower shalt pay when due the principal of, and interest on, the debt evidenced by the Note and any ptepll.yment charges and late charges due under the Note. Borrower shaJJ atso pay funds for Escrow Items pursuant to SeonOD 3.' Payments due under the Note and this Security Instrument shall be made in U.S. currençy. However, if any check or other instrument received by Lender as payment under the Note or this Seaurity Instrument is returned to Lender unpaid, Lender ma.y require that any or all subsequent payments due under the Note and this S~ty Instrument ,be made in one or, more of the fol1owing forms, 8$ selected by Lender: Ca) cash; (b) money order; (0) certified check, bank ch~kt trøasurer's check or cashier's check, provided any such oheck is drawn upon an institution whose deposits II1'C insured by a federal agency, instrumentality, or entity; or Cd) Etectronic Funds Transfer. , PaYments are deemed received by Lender when reoeived at the location dellignated in the Note or at suoh other location as may be døsignated bY. Lender in aocordancewith the notice provisions in Section 15. Lender may rotUl'n any pa~ent or partial payment if the payment or partial payments are insufficient to brin,g the Loan current. Lender may accept any payment or partial paYment insuffioient to bring the Loan current, without waiver of any rights hereunder or prejudioe to its rights to refuse such payment or pBrtial payments in the future, but Lender is not obligated to apply :such payments at the time such payments 111'0 aocepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fùnds. Lender may hold sucb unapplied funds until BOlTower makes payment to bring the Loan ourront. If BOn'OWet does not do 10 within a reaaonable period of time, Lender shall either apply such funds or retwu them to Borrower. If not applied earlier, such funds wiU be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or ctaim which Borrower might bave now or in the future against Lender shal1 relieve Borrower ftom making payments due under the Note and this Seourity Instrument or pcrfonning the covenants and agreements· secured by this Seourity Instrument. 1. Application of p.yment. or ProcDcdl. Except as otherwise described in this Section 2, all paymentl aocepted and applied by Lender shall be applied in the folJowing order of priority: (a) interest due under the Note; (b) principal due under' the Note; (c) amounts due under Section 3. SUch paytnents sha]] be applied to each Periodic Payment in thc order in whioh it became due. Any remainin¡ amounts shat] be applied first to late charges, second to any other ilmounts due under this Security Instrument, and then to reduce the prinoipaJ balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodio Payment which inolude. a sufficient amount to pay any late charg¡; due, the payment may be app1iød to the delinquent payment and the late charge, If more than one Periodic }'ayment is òutstanding, Lender may apply any påyment received &om nOlTOwer to tbe repa.yment of the Periodic Payments if, and to the extent that, each payment can be paid in fu]]. To the extent that any excess exists after the payment is applied to the fun pa.yment of one Or more Periodic Payments, such excess may be applied to auy tate cbarges due. Volu1;ltary prepayments sball be appHod first to any ptcpaymcmt charges and then as described in the Note. Any apptication of payments, insurance proceeds, or Miscellaneous Proceeds to principat due under the Note shall not extend or postpone tbe due date, or ohange the amount, of the Periodic Payments. 3. Fnnd. for Escrow lteInl. Borrower shall pay to Lender on the day Periodic Payments are ðu¡; under the Note, until the Note is paid in fun, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items 'whiçb oan attain þriority' OV~ this Security Instnunent as a ro~f#INQ - SlnølB 'ilnIÏ1y , '..nnlB M.""mldle M..a UNifORM INIOTRUMM WjJNlI. IClIJw.r FlMnaial SanlÎGaa ~ FormB0511101 !'¡rwVJ CICál,gC Inltl . .' !'aga .hl 1$ Dee 1B 200B 16;30 P012/061 ûOô054 lien or encumbranoe on the Property; (b) leasehold payments or ground rents on the Property. if any; (0) premiums for' any and aU in4\1nU1ce required, by Lender under Seotion 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by BotTOwcr to Lender in lieu of the payment of Mortgage Insmance premiums in lOoordanoe with the provisions of Scotion 10. These item are called "Escrow Items." At origination or at any time during the term of the Loan, Lender ma.y require tha.t Community Aaaooiation Ðúea, Feel, and Assellmentl, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Eøcrow Item. Borrower .hall promptly furnisb to Lender aU notices of amounts to be paid under this Section. Borrower shan 'pay Lender the Funds for Escrow Items unless Lender waWes Borrowers obligation to pay the 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 any time. Any such waiver may only be in writing. In the event of such waiVer, Borrower shall pay directly, when and where payable, the amounts due for any Eecrow Items for which payment of Funds bas been waived by Lender and, if Lender requires, shatt furnish ~ Lender receipu evidencing such payment within such time period as Lender may require. Borrowers obligation to make mob payments and to provide reoeipts &ball for aU 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 BotTOwer is obligated to pay Escrow Items directly. P1ll1iUlU1t to a waiver, and B01'tOwcr fails to pay the amo~t due for an Escrow Itont, Lender may exercise its rights under Scotion 9 and pay such amount and Borrower shltt then be obligated under Section 9 to repay to Lender any suob amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in acoordance with Section 1 $ and, upon such re:vocatioo, BOtTower shalt pay to Lender aU Funds, and in such &mounu, that ue then roquired imder this Section 3. Lender may, at any time, collect and bold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not ~ exoeed the maximum amount a lender can require under RESPA. Lender shan e.mmatfJ tho amount of Funds duo on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in aocordance with Applicable Law. . The Funds sh4II. be held in an institution whose deposits are insured by a federal agency, instrumentality, or ontity (including Londer, if Lender is an inatitution whosc deposits are so insured) or in any Federal HOUle Loan Bank. Lender sh8.11 apply tho Funds to pay tho Esçrow Item. no later than the time spðOÎfied under RBSPA. Lender shan not charge Borrower for holding and applying the Funds, annually analyzing the escrow acoount, or veri1}ing the EscI'PW Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or AppHcable Law roquires interest to be paid on the Funds, Lender shall not be required to pay BOtTOwer any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give'to Borrower, without charge, an annual accounting of the Funds as required by RESPA. ' . If there is a IlUlplu8 of Funds held in escrow, as defined under RESPA, Lender shall account ~ Borrower for the excess funds in accordance with RBSP A. If there is a shortage of Funds beld in escrow, as defined under RESPA, Lender sha.t1 notify narrower as rcquirod by JŒSPA, and B01TQwer shall pay to Lender the amount neoessary to' make up the shortage in accordance with RESPA,. but in no tnore than 12 monthly payments. If there is a deficiency of Funds beld in escrow. as defined under RESP A, Lender shaU notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up tho deficiency in accordSnco with RESPA, but in no more _ 12 monthly payments, Upon paymcmt in ful1 of all B\lIns scwrcd by thie s.courity Instrument, Lender shan promptly refund to Borrower any Funds beld by Lender. ~ ~ormac511/01 MP8tWVI (C80S).CO lhi!"" Pao. Ii 0118 WYOMINII - SIIIItr FIMIJy . f.MIt M....fNldllJl M.e UNIFORM INSTRUMENT VI\IIPtI Wall..-. ICIuwIlf F"lnWIiol hrYl_ . Dee 18 2008 16;30 P013/061 ûOôOSS 4. Charges; Lien.. BorrowOf sbatt pay all taxes, asseee.mcnts, charges, fines, and impositions attributable to the Property which can attain priority òver this SeCln'ity Instrument, leasebold payments or ground rents on the Property, if any, Bnd Community Association Dues,' Fees, and Assessments, if any. To the e)dent that these items atè Escrow Items, Borrower shaH pay them in the mlWlet provided in Section 3. Borrower shan promptly discharge any tien which bas priority over this Security Instrument unless Borrower: (a) agrees in writing to die payment of the obligation 8~cutod by the lièn in a manner acceptable to Lender. b~t only so long as Borrower is performing'suob agreement; (b) contests tho lien in good faith by, or defends AgaJnst enfor<:ement of the lion in, lega1 proceedings which in Londer's opinion operate to prevent the enforcement of the lien while thóse proceedings are pending, but only until such proceedings are concluded; or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating the tien to this Security Instrument. It Lender detenninesthat any part off.be Property is iubject to a lien which can attain priority over this Sl!Jourfty Instrument, Lender may give Borrower a notice identifying the lien. Within J 0 days of the date on which that notice is given,' Borrower mati satisfy the lien or take one or more oftbe actions set forth above in this Section 4. Lender may require Borrower 'to pay a· one-time charge for a real estate tax verification and/or reporting servico used by Lender in connection with this Loan. 5. l'roperty Inmranee; Borrower shall keep the improvements now existing or hereafter erected on the Property iMUted against loss by fire, hazards includêd .within the tenn "extended covorage, n and any other huuds including. but not limited to, earthquakes and floods. for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to tho preoeding sentences can change during the tenn of the Loan. The insurance carrier providing the insurance shall be chosen by BotrOwer subject to Lender's right to disapprove BolTOwer's cboice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection wi1h this Loan. either: (a) a one~time charge for flood zone detcnninatioD, oertification and tracking services; or (b) a oDe-time ObarS8 tor flood zone determination and oertification serVices and mbsequent charges each time' rcmappings or similar changes OCCut which reasonably might affect such determination or ccrtificåtion. Borrower shall aleo be responsible for the payment of any fees imposed by tho Federal Emersency Management Agency in connection with the review of any flood zone .determination resulting from an objection by Borrower. If Borrower ûdls to maintain any of tl1¡' coverages described above, Lender may obtain insurance coverage, at Lender's option 'and Borrower's expense; Lender is under 110 obligation to purchase any particmar typo or amount of coverage. Therefore, 'such coverage shali cover Lender. but might or might not protcot Borrower. Borrower's equity in the Property, or' the ct?ntcnts at tho Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtaiMd miSht significantly exceed the oost of insurance that Borrower (:C)~d have obtained. An.y amounts dis~l'IIed by Lender under this Soction S sha1l become additional debt of Borrower secured by this Socurity Instrument. These amounts sban beu interest at the Note rate from the date of disbursement and sbaU be payable, with auoh interest, upon notice from Lender to Borrower requesting payment. AU insurance policies required by Lender and renewals of IlUch policies sban be subject to Lender's right to disapprove such policies, sban include a standard mortgage olåuse, and shall name Lender as mortgagee mid/or as an additional loss payee. Lender shan havt;' the right to hold the policies and renewal certificates. If Lender requires. Borrower iSbJI,lt promptly give to Lender all recoipt¡ of.paid premiums and renewal notices. If Borrower obtain. any fonn of insurance coverage. not otherwise required by Lender, WYOMINII . llinu'" fllll11l1v . FannkI M..lI'raddla Mac UNIFORM INITIIUMENT VMPIIJ Wahers ICluwar I'IlIIInolll 80rvJcN Dee 18 2008 1B:30 PO 14/0B 1 ûOû056 for damase to, or destruction of, the Property, such poticy shall inolude a standard mortgage olausa and sha.11 name Lender as mortgagee and/or as an additional loss payee. . It¡ th" ev"nt Qf los., aOn'ower shoJI give ptOmpt notioe to tho insuranoe Ctltrier and Lender. Lender may mike proof of loss if not made promptly by Borrower. Unless Lender and BOlTOWer otherwise agree in writing, any immance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not léssened. During such repair and restoration period, Lender shall have the riSht to hold suoh insurance ptooccds until Lender bas bad an opportunity to inspect such Property to ensure the work hIlS been oompleted to Lender's satiafåotion, provided that such inspeotion shal1 be undertaken promptly. Lender may disburse proceeds f~ the rc:Ipain¡ and restoration in a sinsle payment or in a lIeries of progress payments as tho work is oompletod. Unloss an ágrecmont ia made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shal1 not be paid out of the ÍnIIùrInce proceeds and' shan be the sole . obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shatJ be applied to the suitt. secured by this Security I11S1:I.'lUnent, whether or not then duo. with the excess, if hr, paid to Borrower. Such ÍI1SUnInce proceeds sbat1 be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may fi1e, negotiate and settle any available insurance olaim and related matters. If Borrower docs not respond within 30 days to a notice ftom Lender that the insurance carrier bas offered to settle a claim, then Lender may negotiate and scttle the claim. The 30-day p=riod will begin when the notice Í$ given, In either event. or if Lender acquires the Property under Section 22 or othe.wise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed tbe amount. unpaid under the Note or this Seourity Instrumetlt, and (b) any other of Borrower's right¡ (otber than the right to any refund of unearned premiums paid by BOlTOWer) under aU insunmci\!:S policies cO'\I'etÍng. tho }.1ropcrry, 'insofar as such rights aro applicable to the coverage of the Property. Lender may use the insurance proceeds either tô repa~ or restore the Property or to pay amounts unpaid under th= Note or this Security Instrument, whether or not then due. . 6. Occupancy. Borrower shall oOcUpy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instnnnent and shaJ.1 continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which 'consont shall not be unreasonably withheld, or unless extonuating circumstances exist which are beyond BorroWer's control. 7. Preservation, Maintenance and Protection of the Property; Inrpections. Bonower shaH not destroy, damage or impair the Property, al10w the Property to deteriorate or commit WBliite on the Property. Whether or not Borrower ia residing in tho' FrOpðny, Borrower shaU maintain the Property in order to prevent the Property from deteriorating or decreàsing in value due tò its oondition. Unless it i. detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shan prolnptly repair the Property if danJaged to avoid further deterioration or damage. It insurance or condemnation prooeeds. are paid in conneotion with damage toj or the taking of, the Property, Borrower shall be reaponsible for repairing or restoring the Property only jf Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progrl'!" payments as the wott. is completed. If the insurance or condomnation proceeds are not sufficient WyOMING - SllIGlll'llmlly . fAMIe MIIII'rllddle MlC uNlfOIlM INi!n'ftUMEN'r VMP. , Wal!ato I1IUIIII.r Fllua'lcriaI S.",I..... ~wm30s11m1 ~ ' B/wYI IOB031,DD I Peea '1 at 111 Dee 18 2008 16:30 P015/061 ûOûO'S7 to repaI, or rostore the Property, BOITower is pot relieved of BOITower's obligation fot' tho completion of such repair or restoration. Lender or its agent may. make reasona,blo enbiell upon and' inspections of the Property. If it has reasonable cause, Lender may in5pect tho interior of the improvements on the Property, Lender shall givo Borrower notice at the time of or prior to such an interior inspootion specitying such reasonable oause. . , 8. :Borrower'. LOBD AppUcatloD. BOlTower shall be in default if" during the Loon application process, BOlTower or any persons or entities acting at the dil'flution of Borrower or with Borrowð1"s knowledge or consent gave materially false, misleading, or inaccurate·information or statements to Lender (or failed to provide Lender With material information) in conneotÍon with the Loan. Material representations include, but II'e not limited to,' representations concerning Borrower's occupancy of the Property a8 BOlTOweTS principal,rollidence. ' 9. Protection of Lender'. Interest in tile Property and Rights Under this Security Inøtrument. 1f (a.) Borrower fails to perfonn the covenants and agreements contained in thili Security Instrument, (b) there is Ii lega.l proceeding that might significantly affect Lender's interest in the Property and/or rightll under this Security Instrument (such as a proceeding in bånlauptèy. probate. for condornnadon Or forfeiture, for enfotcemant of a lien which may attain priority over ~his Security Instrumcnt or to enforce laws or regula.tions), or (c) Borrower has abandoned the Property, tbon Lendar may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Seourity Instmment, including protecting and/or assellling the vahIe of the Property, ånd lIeouring andlor repairing the Property. Lender's fWtions can include, but arc not limited to: (a) paying any mms secured by a. lien which has priority over this Security InstrumCflt¡ (b) appearing in court; and (¢) pl\.ying, rea60nable attornoys' fees to protect its interest in the PropDrty and/or rights 'under this Seourity Instrument, including its secured position in a banJåuptcy prooeeding. Securing the Property includell, but is not limited to, entering the Property to make rapaÌI'5, change locks, replace or bOard up doors and windows, drain water ftom pipes, otimiMte building or other code violatiom or dangerous conditions. and have utilities tumed on or off. Although 'Lender may take action under this Section 9, Lender doos not b~ve to do 80 and is not under any duty or obligation to do so. It ill agreed that Lender incurs no liability for not taking any or an actions authomcd under this Section 9. .A11y amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower seourod by this Security Instrument. 11101'10 8.lQountssbaIl bear interest at the Note rate from the date of disbursement and shall be payable, with SUQh interest, upon notice ftom Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shalt comply with III the provisions of the lease. If BolTower acquires rDe title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. . . ' 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to mllÍntain Ø1e Mortgage Inaurance in effect. If, for any reason, tbe Mortgage Insuranoe coverage required by Lender ceases to be available ftom the mortgage insurer that previous1y provided such insurance and Borr~wer Was required to make separately designated payments toward the premiums for Mort¡aso InS'UJ1lßce, Borrower shall pay the premiums required to .obtain coverage substantially equivalet¡t to tha Mortgage Insurance previously in effect, at a cost subståntial1y equivaJent to the cost to Borrower of the Mortgage. Insuranco previoullty in effect. ftom an alternate ro~IINCI - 91~øl4o Flllnll, - f."l1I- MaoJF,4Iddl, Mac ONIJ'ORM INSTRUMENT Walle" Kluwllt Fi-'ol S_rvt_ ~'~m3081 1~1 . F'8IWV) 1011031,00 1MII .' >¡¡go hI 18 D~G 18 2008 16:30 P016/061 úOû058 mortgage insurer selected by Lender. It substantially equivalent Mortgage Insurance coverage is not available, Borrower shall Continue to pay to Lender the amount of the separately designated payments that Were due when the inSLn'atlce coverage ceased to be in effect. Lender witt accept, use and retain these payments as a non-refundable ioss reserve in lieu of Mortgage Insurance. Such loss reserve shan be non-rcfunda.ble, notwithstanding the fact that the Loan is ultimatc\y paid in fun, and Lender shall not be required to pay BOlTower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance covcragc (in the amount and for the period that Lender requires) provided by an insurer selected by Lender !\.gain becomes wa:ilable, is obtained, and Lender requircs separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and BOlTower was required to make separately designated paymc.nts toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mort,gage Insurance in ëffect, or to provide a non-refµndable loss reserve, unül Lender's requirement for Mortgage Inl1l1'lnce ends in accordance with uy WtÍttèn agreement between BOlTower and Lender proyiding for sucb tennination or until tennination is recruited by Appticable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses ~ender (or any entity that purchases the Note) for certain losses i~ may incur ifBorrowœ- docs not repay the Loan WI agr~cd. Borrower is not a party tò the Mortsage Insurance. Mortgage insurers evaluate their total risk on aU suoh insurance in for(;e &oM time to time, and may enter into agreements with other partics that share or modity their risk, or reduce lones. These agreements arc on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to ma.ké pa.yments using any sourc~ of fund¡ that tho mortgage insurer may have available (which may includc ñmdll obtained Û'om Mortgage Insurance premiums). ' As a result of these agreements, Lender" any purchultt ot the Note. another. insuret', any reinsurer, any other entity, or any affÜiate of any of the foresoing ma.y reoeive (directly or indirectly) lImounts that derive &om (or might be charac~rizod as) a portion of BOlTOWc:TS payments for Mortgage Insurance, in exchange toT sharing or modifying the mortgage insurer's risk. or reducing losses. If such agreement providell that iIIn affitÎlI,to of Londer Wee. a share of the _er'a risk in exchange for a share of the premiums paid to the insurer, the ammgement is often tormod '\::aptivo reinsuranoo." Further; (a) Ally IDcb agreemenu will not ift"eet the imounts tbit Borrower bl. agreed to pay for Mortgage InJorancet or any other terlDll of the LoaD~ Snch agreementl wiD nnt in~rease tbe amnunt :Borrower will owe'for Mortgage ID.u....cè, and they will nôt eutltle Børrower to any refund. (b) Any mob IgreementB wiD not atroot the rigbts Borrower bas - if anY - with respect to the Mortgage InIJUl'8Dce under the Hom~ownerl Protection Act of 1995 or any other law. These rigbts may inclnde the right to receive certain ,cUiclosures, to request .and obtain canceOatlon of the Mortgage lnIuranut to have the Mortglge Insurance terminated autnrnatic.lly, and/or to receive a refund of any Mortgage Insurance premium; that were unearned at the ~me o~ II1Ich cancellation or termination. 11. Asdenment nf MisceIlinenus Proceeds; Forfeiture. AU MisceUfI.t1eous Proceeds are hereby assigned to and &hall be paid to Lender. ' If the Property is damaged, such Miscellaneous Proceeds shan be applied to resto~tion Of fØptt.ir of the Property, if the restoration or repair is economically feasible and Lender's security is not lessoned. During such repair and restoration period, Lender 'shall have the right to hold such MilOel1aneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfiwtion, 'providod that such inspection shall be undertaken promptly: Lender may pay for the Form :10511101 IIII'BIWVI 4DBD31.oo '6dlhl'B WYOMING· Blngl. famlty . "a"". 11....IfIJllldI. r,¡¡.. UNIFORM 1NBTRUMENT VMPGII Walt... Kluwll 1'Inn:18J ItrvlClll Init' Dee 18 2008 16:30 pon /061 ûOôOS9 repairs à.nd restora.tion in a single disbul1emeut or in a series of progress payments as the work is eompteted. UnleiS an agreement î. made in writing or Applicable Law requires interest to be paid on such Misoel1aneous Proceeds, Lender shall not be required to pay BolTOwer imy interest or earnings on such Miscellaneous Proceeds. If the restoration or reþair is not economical1y feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security InstIument, whether or not then due. with the excess, if anYJ paid to BOII'Ower. Such Misccttanoous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, dcstIuction, or loss in value of the Property, the Misccl1aneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, witb the excess, if any, paid to BOII'Ower. In the evunt of a partial taking. destruction. or loss in value of the Property ill whioh the fair market value of the Property immediately before tbe partial taking, des~ction, Or loss in value is equal to or greater than the amount of the sums seCW'Cd by this Security Instrument immediately before the panial taking, destruction, or loss in value, unless Borrower and ·Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fÌ'aotion: (a) the total amount of the SUms seoured immediately beforo tho partial takin¡, destruction, or loss in value divided by (b) tbe fair market value of the Property immediately before the partial taking, destruotion. or loss in value. Any btt.llUlce ahatt be paid to Borrower. In the event of.a partial taking, destruction, or Joss in value of the Property in which the fair market value of the Property immediately before tbe partiaJ taking, destruction, or Joss in value is tess than the amount of the sums secured immediately before. the partial taking. destruction. or toss in value, unless ÐOlTower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this .Security In$trument whether or not the BUms aro then due. If the Property is abandoned by Borrower. . or if, after. notice by Lender to Borrower that the Opposing Party (as dcfinod in the next sentence) offers to rnako IU1 awud to settle a claim for damages, BOII'Ower faUs to respond to Lender within 30 days after the date the notice is given, Lender is autbori%ed to col1eet and apply the MisceUaneous Prooeeds either to restoration or repair of tþe Property or to the 5Umaaeoured by this Security h18tn1munt, whether or not then due. ItOpposing Party" means the third party that owes Borrower MiscettllIleous Proceeds Of the party against whom Borrower has a right of action in regud to Miscellaneous Proceeds. . Borrower shall be in de1'ault if my action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the ~opcrty or other' material impai.rrnent of Lender's interest in the Property or rights under this Security Instrument. B01TOWcr can cure such a default and, if acoeleration has oCCUlTed, reinstate as proYided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lunder's judgment, precludes forfeiture of the Property or other ma.teriat impainnent of Lendcr'~ interest in the Property. or rights under this Secw:ity Instrument. The prooeeds of any award. or claim for damage. that are attributabJe to tbe ~mpairment of Lender's interest in the Property arc hereby wigned and shaU be paid to Lender. All Miscellaneous Proceeds that lU'e not applied to restoration or repair of the Property shall. be applied in the ord.cf provided for in Section 2. . . U. BOri'o'Wer Not Rellaled; Forbearance By Lender Not a Waiver. Bxtension of the time for payment or modification of amoitization of the mms secured by thii Security Instrlllnent granted by Lender to 13orrower or any Successor in Interest of B01Tower shall not operate to release the liability of B01Tower or any Successors in Interest of Borrower. Lender sh&ll not be required to commence proceed.ing$ ag_inst WYOMING - Slnel. Family· ,_ 1\If../F'BI~i. M;w UNIFORM INGTRUMI:N'I' YMP8 Woller. Kluwar 1'1-"'01 S."'I.... ~ Fðrm3D611¡a, MP8IWYlI"BO~.OO Inll : PQgo 10 D' l' Dee 18 2008 1B:30 P018/0B1 ûO&060 any Succe$SOf in Interest of BOlTOwer or to refusa to 'extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Suooenors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's Çceptance of payments from third persons, enüti.es or Successors in Interest of Borrower or in iunounts lelll than the. amount then due, shaH not be a waiver of or preclude the exercise of any right or remedy. " 13. Joint and Severå1 Liability; C~jgner.i Succellors and Assigns Bound. Borrower covenants IIIld agrees that BolTOwer's obligations and tiabiti1:y shaD be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): '(a) is co-signing this Security Instmment only to mortgage, grant and convey the co"signer's interest in the Property under the tenns of this Security Inatrument; (b) is not persoMlly obligated to pay the sums iiecured by this ,Security Instrument; and (c) agrees that Lend.er and any other Bœrower oan agn,e to extend, modifÿ, forbear or mate any ac:commodations with regard to the terms of this Security Instrumant or the Note without the co--signer's oonsent. Subject to the provisions of Section l8~ any Successor ~ Int0røst of Borrower who assumes lIon-ower's obligations under this Se~urity ItlItrument in wriünS. and is approved by Lender, shåu obtain all of Borrower's rights and benefits under this Seourity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Xnstrumcmt unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shalt bind (except as provided in Section 20) and benefit the suocessors and assigns of Lender. 14. Loan Charge.. Llmdør may charge Borrower fees for services perfonned in connectioll with Borrower's default, for the purpOse of protecting Lender's interost in the Property anå rights under this Security Instrument. including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other föcs, the absenco of express authority in this Security Instrument to chu,gø a specific fee to BOlTOWCr shatt not be construed as a prohibition on the charginS of such fee. Lender may not charga fecs tha~ are expressly prohibited by this Seourity Instrument Or by Applicable Law. If the Loan is subjoot to a taw which sets maximum loan charges. and that law is ñnal1y interpreted so that the interest or other toan oharges col1ected or to be coUectcd in connection with ·the Loan exceed the pennitted limits, then: (&,) any such loan charge shAU be redúoed by the amount necossary to reduce the charge to the permitted limit; and (b) any sums already collected ftom Borrowar which exceeded permitted limits witt be refunded to BOlTowcr. Lender may choose'to makc this re1ùnd by reducing the prinoipal owød under the Note or by making IL direct payment to BOn'ower. if a tcfund reduces principal, the reduction wilt be treated as a partial p~epayment without any' prepayment' chargc (whether or not a prepaym~nt chargo is provided for under the Note). Borrower's aooeptanoe of any sucb refund mado by direct payment to liorrowerwill constitUto a waiver of any right of action Borrower might bave arising out of such overcharge. 15. NotiCCls. All notioes given by BOrtOwcr or Londor in connection with this Security Instrument must be in writins. Any notice to Borrower in conneotion with this Seourity Instr'utnent shall be dccm:d to have been given to BOiTOwer when mailed by first class mail or when actually delivered to BOlTowcr's notice address if sent by other melUlS. Notice to anyone Borrower shall constitute noüce to all BOlTOWCI'II unless Applicable Law exprcll51y requires othmwise. The notioe address shan be the Property Address unless Borrower hIlS dcsignated a substitute notice address by notice to Lender. Bon'owet' sball promptly notifY Lender of BolTOWeTS change of address. If Lender specifies a procedure for reporting BolTOwer's ro~~I~ . SIngle P.",lIy . p."nI. MllØ/l'rGli. Maa UNIFOIIM IN8T11VMUIT WohlrB KhlWW Plnonc/ol SIIrvIeoI ~~FarmJ061 1101 PØIWYI (08031.00 Inltl /,' P.ue11D"S Dee 18 20~8 16:30 P019/061 ûOv06:1 change of' addrellS, then BOD'Ower eMU only report 1\ change of address through that specified procedure. Thorl3 may be only one dcsi,gnaud nòtíce addrellS under this Security Instrument at anyone time. Any notice to Lender shalt bo given by deUvering it or by tnäiling it by flISt class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in oonnection with this Security Instrument shall not be deemed to bs.ve bc~n ¡inn to Lenåer until actually received by Lender. If IDlY notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tho cotTOsponding requirement under tbis Seourity Instrument, 16. Governing Law¡ SeverabiUty¡ RuJcl 01 CODlltroction. This Security Instrument shalt be . governed by fcderatlaw and, the raw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument .are subject to smy requirements and limitations of Applioable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be sUent. but such BitellOe sbs.U not be oonstrued as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrumcnt or tho Note conflicts wit,h. Applicable Law, such oonftiot shall not affect other provisions of this Security Instrument or the Note which can bo given effect without the conflicting provision. As used in this Security InstrUment: (a) words of the mascutine gender shall mean smd include oorresponding ncutor words or words 'of the femininc gondm'j (b) words in the singular s1utlt mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower'. Copy. Borrower shall be given one copy of the Note IiIIld of this SccurityXnstrument. 18. TrallSter of the Property or a ,BeneØciallntl~re.t in Borrower. M us"d in tbis Section 18, "Interest in the Property" means any tega.l Or beneficial interest in· the Property, including, but not limited to, tho,,, benefÎcial interc;;sts transfl3md in a bond for deed; contl'act tor deed. installment salo& contraot or escrow agreement, tho intent ofwhioh is the transfet oftit.1e by BOITower'at a future date to a purchaser. If aU or any part of the Property or any Interest in the ProJ'(:rty is sold or transfeITed (or if Borrower is not a natuml person and q. beneficial interest in BoITOwcr is sold or transferred) without Lenders prior written consent. Lender may require immediato pa.yment in fun of aIt s\UnS sli:Icured by this Security Instrument. However, tbis option shatt not be exercised by Lender if such exercise is prohibited by Applicable Law. . If Lender exercises this option. Lender shan give BotrOwer notice of acceleration. 'The notice shan provide a period of not toss than 3Q days ftom the date the notioè is given in accordanC:è with Section IS within which BOITowor must pay aU sums ,secured by t1ús Seourity instrument. If BOITOWOt faits to pay these sums prior to tho expiration of this period, L~nder may invoke any remedies p~ittcd by this Security Instrument witbout further notice or demand on BOITower. 19. Borrower'l RJgbt to ß.elDltate After Aeeeleration. If Borrower meets oertain conditions, Borrower shall bave the right to have enforoement of this Security Instrument discontinued at any time prior to the eartiest Ç)f: (a) five dø.ys before sale of the Property pursuant to any power of sale contained in . this Security Instrument; (b) ,such other period as Applicable Law might specilÿ for the tanninadon of BOITower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender a.1I sums which then would be due under this Security Inttrument and the Note as if no Q.Cceleration had occuITed¡ (b) CUl'Cls any demult of any other covenants or WYOM~Q. Blnulo Pl/I1l1v' Fannl. MeaJlltaddl¡iM... UNIPORM I~STflUMENT VMPIt! Wanera KIUWIlt FlrNlnclal SoIVlc.. ~FerM3D&"JO' , . ,",IWi' ICBDShDD 'Inltl ,. Page 120' Ie Dee 18 2008 16:30 P020/061 ûOûOG2 , . asrccmontø; (c) pays aU expcnsr:s incurred in enfOrcing thil Security Instrument, including, but not limited to. reasonablo attorneys' foos, propertý inspection and valuation fees, and other fees incurred for the purpoae of protecting Lender's interest in the Property. and ¡'i¡ht5 under tbis Security Instrument; and (d) takes such action as Lender may roasonably require to assure thàt Lender's interest in the Property and rights under this Security InstrQment, and Borrower's obligation. to pay the sums .secured by thil Security Instrument, shall eontinue unehanged. Lendør may require that Borrower pay such reinstatem= sums and expenses in one or mote of the fol1owin8 fonns. all seleoted by Lender: (a) cash: (b) money order¡ Cc) certifted cbeck. blllk check, treasurer's check or ca&lder's check.' provided any such check is drawn upon an institution whose deposits lItO insured by a fodoral'agoncy, instrutnentaHty or entity; or Cd) Blectronic Funda Trmafer. Upon reinstatement by Boirowar, this Security Instrumeni and obligatiOt1B seoured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the caso of acceleration under Section 18. :ZOo Sale of Note; Change of Lotn Servicer; Nodce of Grievance. The Note or a'partial interest in the Note (together with this Security IDltrument) oan be Bold one or more times without prior notice to Borrower. A laIe might result in a ohange in the entity (known II the "Loan Senicar") that ooUeets' Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There alBO might be one or more chang",. of the Loan Sð1'VÍeer unrel8UId to a sale of the Note. If,tberc is a change of the Loan Servícer, Borrower wilt be given written notice of the change which wilt state the name and addrcsB of the new Loan Servicer, the addreøs to which payments sbould be. made and any other infonnation RESP A requites in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servícer other than the purchuer of·the Note, the mortgage loan seMciÌ1g obligations to Borrower will remain. with the Loan Servicør or be transferred to a successor Loan Servicer and are not IllUmed by the Note purchaser Unless otherwise providEKI by tbe Note purch-.er. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or'the member of a class) that arises ftom the other party's ac;tÎODl . pursuant to this Security Instrument or that aileges that the other party bas breached any provision of, or any duty owed by reason of, thiB Security Instrument, until Buch Bmmwer or Lender has notified the other party (with such notice Biven in comptiancó with the requiremente of Section IS) of such atleged breach and afforded the other party boroto a tcaSoaabtc period after the gMng of such nOtice to. take corrective action. If Applicable Law provides a time period which nlust elapso before cortain action can be taken, tbat time period will be deemed to be reasonable for purposes of this paragrapb. The notice of acceleration and opportunity to cure given to l3olrOWor putsuant to Section 22 'and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take oOlTectl"e action provisions of this Section 20. 21. HazardoUJ Substance.. As used iÎ1 this Section 21: (a) IIHazardous Substances" are those substances defined as toxic or bà2ardous substances, poUutants, or wastes by Environmenta.1 Law and the fol1owing subatances: guotine, kerofenc1 othør fJilmmable or tox.ic PotroleUß1 producœ, toxic: pesticides and herbioides, volatile solventa, materials cOßta.inmg asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" meanll fedcrallaws and taws of the jurisdiction where th" Property is located that relate to health. safety or envirorlmental protection; (0) "Environmental Cleanup" inolud"s mlY response action. remedial action, or removal action. III defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an EnvironmenW Cleanup. WVOMINCõ . IIlngIa Fllmllv . FIIMIa MMlFraoldla MI\G UNIPORMINSTRUMI!NT VM~8 ' Wlltar. kluwlI' FllIIIIIClal Sorvlcae ~"á""'306"(1 . . . PSIWY! IOB031'00 InItIaIa ...' l'Aga 13 a 18 Dee 1B 200B 16:30 P021/061 00&063 Bon'()wer shan not cause o~ pennit the presence, use, disposal, storage, or release of any Ha.zardous Substances, or. threaten to release any fIazudolis Substanoes, on or in the Property. Borrowor shall not do, nor ~t1ow anyone else to do, anythiDg affecting tho Property (a) th.åt is in violation of any Environmentat Law, (b) which oreates an Envii'onmental Condition, or (0) which, due to the presencc, use, or retease of a Hazardous Substance, creates a condition that advencly affects the value of the Property. The preceding two sentences shall not apply 10 the prescnce, use, or storage on the Property of small quantities of Hazardous Substanoes that' are genet'at1y recognized to be appropriate to normal residential uses and to maintenance of the Property (ino1uding, but not limited to. hWltdous substances in consumer products). Borrower shatl promptly give Lender written notioe of (a) any investigation, claim, demand, lawsuit or other action by any gO'Venunental o~ regulatory agency or private party involving the Property and any Hazardous Sub.tance or Bnwonmental Law of which BOlTower has iU;;tu!l.l knowledge, (b) any Environmental Condition, including but not limited to, any spilling, loaking, disoharge, release or tmeat of release of any Hazardous Substance, and (0) any condition caused by the presence, use or relcue of , Hazardous Substance which adv..,...ely affects the value of tbe Property. If Borrower loarns, or ill notified by any governmental or regulatory authority. or any private party, that any rcmOVât or other remediation of any Hazatdous Substance affecting tho Property is necessary, BottOwer shatt promptly take aU nooesslll')' remedial aòtions in accordance with Environmental Law. NQthing herein ,shall create any obliga.tion on Lender for an Environtnøntat Cleanup. NON-UNIFORM COVENANTS. BOlTower and Londer turther covenant and agree as fonows: 22. Acceleration; Remediel. Lender .baD give notice to Borrower prior to acceleration following Borrower', breach of any covenant or agreement in thù Security Instrument (but not prior to acceleration under Section 18 unles. Applicable Law provide. otbenrise). The notice Bhall specify: (a) the defanJt; (h) the action required to cure the default; (c) a date, not leIs than 30 daYI from the date the notice is Civen to Borrower, by which the default must be cured; and Cd) that fatlure to cure the default on or before the date Ip~ified in the notice may res~lt in .cce]eration 01 the lurnlll secured by this Security Inltl'ument and .ale of the Property. The noÜee shaU further bI10rm Borrower of the right to rel..state after aceeleratioD and the right to bring I court action to assert tbe nOD-existence of a default or any other defense of Borrower to acceleration and sale. If,tbe default I. not cured on Or before the date .peclned in the Dotice, Lender at Its option' may require Immediate payment In full of all sums secured by tbis Security Instrument without further demand and may invoke the power of sale aud any other remedle. permitted by Applicable Law. Lender sball be entitled to ,collect· all expense. incurred In pursuing the remediel prøvlded tn tilts Section 22, Inc:ludiDg. but not limited to, re8l0nable attorneys' fees and coati of title evidence. If Lender involœl the power of sale, Lender shall give notice of Intent to foreclolle to Borrower and to the peraon in pOl1811110n of the Property, If different, tn accordance with Applicable Law. Lender shall give nottce of the sale to Borrower In the manner provided in Section 15. Lender shan pubUsh the notice or ale, and the Property sbaJ~ be sold in the maDDer prescribed by Applicable Law. Lender or iu dedpee may purchallle the Property at any 111e. The proceeds of the lIale lhall be appUed In the fonowing order: (8) to aU expensea of the l8]e, Ineludlng, but not limlœd to, re8l0nable attorneys' fees; (b) to an SWDI lIecured by tbil Security Inllltrument; and {c)aDY exceu to the person or perlons leg.Uy entitled to It. 23. Release. Upon payment of all sums socrired by this Security InsU1Jmen~ Lender shall release this Soeunty Instrument. . Borrower sindt pay any recordation CO!b. Lender may charge Borrower a foc for WYOMING. IIInglq Fnmllv ·!'annle MeeJFraddl. L'l1III UNIPORM INITIIUMEN'T YMPIII'· .. WeJlta" I<luwll' I'1nancJII itelVl..... ~arm3QBtl/01 , IWYlI08031.00 1111116.. PABa 14- 0' 111 Dec 1B 200B 16;30 P022/061 / ûOô064 , .' releasing this Security Instrument, but only if the fee is paid to a third PlInY for services rcndored and tho ohlll'ging of the fee is permitted under Applicable Law. 24. Waiver.. Borrowcr rcleue8 IIßd waives all rights under IUld by virtue of the homestead exemption laws of Wyoming. os to tho torms and covenants contained in this Wðt and recorded . th í (Seat) ·BolJ'OWV (Scal) ·BomlWllr (Seal) ·BDtnJWIIr (Scat) .øø1TDW~ (Seal) ·Bottowàt (Seat) ·DoIrDWtlr WYOMING! . Iifngr.l'emMv . FIMIa Mlelfl'lCldll Mil UNIFORM INSTRUMENT VMI'Iiî WClltarllCluwcr flllllllCllI Scrvlcll ~F_3D5' 11D1 l6WY) fDBDSI.DD InItl PlIO. 1 ht 1 B Dee 18 2008 16:30 P023/061 ûOû065 ~L- STATE O~O~II~, %.BfeDMJ DONNA W THOMPSON NOTARY PUBUC· STATE OF UTAH 917 E COUNTRY HILLS DRIVE OGDEN, UT 84403 COMM. EXP. 04·23·2011 ?Z---- County .11 ~ 22,2-(2)8 Thili instrument was aoknowJe by JOHN IWDABAtfGB AIm .mn My ComrnislÎcm EXPire4--0 ,\ WYOMING· Gingko Family· FDMI. M..¡praddl. Mqa UNI~OfIM INmUMENT VMPfII WaltJ(I ~Iywer l'lnallðlal &IN_ ~orm30511/01 P81WYI 1010:11.00 InllIaI.' " PIIIJI , B II" B Dee 18 2008 16;30 P02d/061 ûQv066 PLANNED UNIT DEVELOPMENT lUDER THIS PLANNED UNIT DEVELOPMENT RIPER is made this 22ND day of DJi'lCJaNBJi1R, 2008 , IIl1d is incorporated into and øhall be dl/lemed to aml/lnd and supplement the Mortgage, Deed of Trust, or Security .Deed (the "Security Instroment") of the 811Dle date, given by the undersigned (the "Borrower") to secure Borrower's Note to WEL:LS I'AaGc BJUQ;, ..A. (the tlLðnd~~ of tbe same date and coverin¡ the Property described in the Security Instrument and located at: 572 CBDM DlUVE, .ftAYNE, WY 8312' [Pro~ Address] The Property includes, but is not limited to, a parcel of land improved with a dwe11ing, togethor with other such parcels and certain common atl/lalil and facUities, as described ~~S, COøcl't;¡:Cb JUqJ;) "S't~C~¡CRS ' (the "Declarationll). The Property is a part of a planned unit development known as STAR VALLB:!' RANCH [Namo of PIIIIaIOCt tJJ1Ît Devølopmml] (the "PUD"). The Propmy also incluØ-os Borrower's interest in tho bomeowner. associatio~ or equivatCtlt entity owning or managing the common areas and facilities of tbe PUD (the "OWr,en Assooiation") and the uses, benefits and proceeds of Bortower's intereøt. ' PUD COVENANTS, In addition ~ tbe oovenants q,nd agreements made in tbe Security Instrument, BOlTOwer and Lender fUrther covenant and agree as fol1owS: A. POO Obligation.. Borrower shall perfonn· a11 of Borrower's obligations undCr the POO'S Constituent Doouments. The "Constituent Documcntsll 8.te, the (i) Declaration; (ii) articles of inCOIpOration. wit instrument or any equivalent document wmcb creates the Ownen Association; and (ill) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay. when duc, all ducs and aSllcssmonts impollod pursuant to thc Constituent Documents. 009"'86589 MULT1STATE PUD RIDER· Single Family. Pannltl Mae/preddle Maa UNIFORM INSTRUMENT .~O t/01 Pagl 1 of 3 Initillll .7ft 100081 . VMP MORTßAGE FORMS 'I~OOlõ21'7291 11111111liliiii1111111 Dee 1B 200B 16:30 P025/061 ÜOv067 B. Property InIDI'1IIDce. So long as the Ownors Association maintains, with a generally accepted insunmce oa:rrler, a "m1lster" or "blanket" policy insuring tho )tropœ1y which is satistàctory to Lender and which provides insurance coverage in the IUIIOunts (including deductible levels), for the period., IInd against loss by fire, hazard. inc1ud~d within the term "extended covcrase," and any other hazards, including. but not limited to, carthquakos and floods, for which Lender requ~es insurance, then: (i) Lender waives the provision in Scotian 3 for the Periodic Payment to Lender of the yearly premium inataUmenta for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insuranoe ooverage on the Property is deem:d satisfied to the extent that the required coverage is provided by the Owners Association po1icy. , What Lender requires as a condition of this waiver can change dming the tenn of the loan. Borrower shall give Lender prompt notice of any lapse in requited property insurance coverage provided by the master or blanket policy, In the event of a distribudon of property insurance proceeds in lieu of restoration or repair following a toss to the Property, or to common areas and facilities of the POD, my proceeds payable to BOlTOwer are hereby assigned and shall be paid'to Lender, Lender shall apply the prooeeds to the sums secured by the Socurity Instrument, whether or not then due, with the excess, if any. paid to BOlTOWer. C. Public Liability Inrnrance. Borrower shaJ1 take such actions as may be reasonable to insure that the Owners Association maintains a public liability insunmce policy acceptable in form, amount, and extent of coverage to Lender. D. CondenmatioD. The proceeds of any award or claim for dauna8es, direct or consequential, payable to Borrower in connection with any. condemnation or other taking of aU Or any part of the Property or the common areas and faciUties of the PUD, or for any convcytmce in lieu of condemnation, are hereby usisned and shall be paid. to Lender, Such proceeds sba.ll be applied by Lender to the sums secured by the Security Instrument as provided in Section 1), E. Lender'. Prior Consent. Borrower shall not, except after notice to Lender and with Lcndor's prior written conscn~ either pattition or subdivide the' Property or cqnsent to: (i) the a.bandonm~t or termination of tho PUD, e~cept for abandonment 'or temiination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documentsl! if tho provi$iot'l. is for the express benefit ofLcnder¡ (Ui) tcnninatioD OfproftlBsional management and assumption ofself-managcmentofthe OWners Association; or (iv) any action w~i~h would hive the effect of renderins the public. liability insurance ooverage maintained by the Owners A$sociation unacceptable to Lender. :F. Remedies. If Borrower does not pay pIiD dues and assess.:nents when due, then Lender may pay them. Any amoun't4 disbursed by Lender under thill paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest ftom the date Qf,diabursemClnt at the Note rate and shall be payable, with interest, upon notice ftom Lender to Borrower requClsting payment. _7R 1000S) Page 2 of 3 I_~ .' . .' Form 31&0 1/01 Dee 1B 200B 1ß;30 P02ß/Oß1 OOû06S BY SIGNING BELOW, Borrower accept.9 and agrees to the terms and provisions contained In ~~~ .~ (Seal) - B01'1'O\Vm' (Seal) -BoltOWll' (Seat) -Bðt'1'CWf' _7ft 10008) (Seal) -Borroww (Seal) ·BOl1'Ower (Seal) -BomJW(I' PaD8 3 gf 3 FDnn 31&0 1/01 Dee 1B 200B 16;30 P027/061 ûOö069 SECOND HOME RIDER THIS SECOND HOME RIDER is madetbi. 22ND day ofD:&:C2NUR., 2008 I and is incorporated into Bnd .shaIt be deemed to amend and supplement the Mortgage. Deed of rrust. or Seourity Deed (the "Seourity Instnnnentlt) of the. same date given by the undersigned (the "BOITOwor" wbethor thoro á.rc one or more pmonll' undlß'signed) to secure BOlTower's Note to WILLS tARGo BMK, If .A. (the ItLender'') of th&; sam&; dat&; and Qovering tho Prop&;rty described in the Security InstrUm&;nt (th&; "Property"), which is located at: 872 CBDAR DRIVE, THAYJß1 / if! 8312'7 [PropMty AdmuJ In addition to tho covenants and agreements made in the Security Instrument B01Tower and Lender further covenant and asree that Séction8 6 and B of the Security Instrument are deleted and are replaced by the following: ' 6. Oecaplntcy. BOl1'Ower shall occupy. and shall only use. the Property as BOl1'Ower's second home. BOITower &ball k&;ep the Property available for BOlTOwer's exclusive use and enjoyment at aU times,' and sha11 not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other penon any control over the oocupancy or use ~fuc~p~. . 8. Borrower's Loan Application. Borro~or shatt be in default if, during the Loan IIpp1ÎéatÎon process. BOlTOwèr or any persOIis or entities i.ctinS at the direction . of BOlTower or with, Borrowor's knowledge or consent gave mllteria11y false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations includc, but arc not limited to, representations conceming Bonowor's ocgupan¢y of the Property as Borrowers second h~me. 0094786589 . MUL TlSTATE SECOND HOME RIDER - SiJ1¡I. Family - Fennkl MIIIBJFt.ddi. Mer: UNIFORM INSTRUMENT _3Ø5R 1001 , I Page 1 of 2 VMP MOATßAßEi POAMS -18001521,7291 .-'~/01 Inltl~~ __1M Dee 18 2008 16:30 P028/061 vOû070 BY SIGNING BELOW, BOlTOwer accepts and agrees to the tenns and provisions contained . Second HOIn . . (Seat) M DømJWCI' (Seal) - Bom!wet (Seal) ·Bmmwar (Scal) - Boaowor (Soal) - B011O~ (Seal) -BømJwer _S6&RI0011J Pag. 2 of 2 Form 3890 1/01